Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 01/14/2025City of Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 14, 2025 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 Dr. Brian Hill with First Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Evelyn Higgins, 5th grader from Windsor Park Elementary School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. SPECIAL APPOINTMENTS: (ITEMS 1 - 2) 1. 25-0025 Mayoral Appointments to Audit Committee and Municipal Court Committee Sponsors: City Secretary's Office 2. 25-0026 Motion to approve the 2025 Mayor Pro Tem service schedule Sponsors: City Secretary's Office F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 3 - 4) 3. 25-0012 2024 United Way Campaign City of Corpus Christi Page 1 Printed on 1/13/2025 City Council Meeting Agenda - Final -revised January 14, 2025 4. 25-0009 39th Annual MLK Commemorative March G. 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. H. BOARD & COMMITTEE APPOINTMENTS: (ITEM 5) 5. 24-2076 Reinvestment Zone No. 2 (Island) Board Reinvestment Zone No. 3 (Downtown) Board Reinvestment Zone No. 4 (North Beach) Board I. BRIEFINGS: 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. J. 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. K. CONSENT AGENDA: (ITEMS 6 - 21) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6. 24-2074 Approval of the December 10, 2024 Regular Meeting, December 23, 2024 City of Corpus Christi Page 2 Printed on 1/13/2025 City Council Meeting Agenda - Final -revised January 14, 2025 Special Meeting and January 7, 2025 Special Meeting Minutes Sponsors: City Secretary's Office Consent - Second Reading Ordinances 7. 24-2051 Ordinance disannexing approximately 129.44 acres of land in between Interstate Highway 37 and Industrial District No. 1; amending the boundaries of Industrial District No. 1 to include the disannexed area; and approving Industrial District Agreement with Flint Hills Resources Corpus Christi, LLC, Koch Refining Co LP, and Osage Power Inc requiring payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. Sponsors: Planning and Community Development Department 8. 24-1975 Ordinance authorizing a three-year Joint Use Agreement with WellMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue, with two one-year options. Sponsors: Parks and Recreation Department 9. 24-1858 Zoning Case No. ZN8477, MPM Development LP (District 5). Ordinance rezoning a property at or near 6817 Brooke Road, from the "RM-2" Multifamily District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services Consent - Contracts and Procurement 10. 24-1728 Motion authorizing the purchase of two replacement side mount 500-gallon pumper fire trucks from Metro Fire Apparatus Specialists, of Houston, through the HGACBuy Cooperative, for the Corpus Christi Fire Department in the amount of $2,147,998.00, with FY 2025 funding from the General Fund. Sponsors: Fire Department and Finance & Procurement 11. 24-1946 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Ferguson Enterprises, LLC, of Newport News, Virginia, with an office in Corpus Christi, in an amount not to exceed $76,328.44, with a potential amount up to $228,985.32 if options are exercised, for the purchase of retainers, restraints, gaskets, and related supplies for the Corpus Christi Water Department, with FY 2025 funding of $76,328.44 from the Water Fund. Sponsors: Corpus Christi Water and Finance & Procurement Consent - Capital Projects City of Corpus Christi Page 3 Printed on 1/13/2025 City Council Meeting Agenda - Final -revised January 14, 2025 12. 24-1951 Motion awarding a construction contract to O&J Coatings, Inc., Hurst, Texas, for the rehabilitation of the filter media backwash elevated storage tank located at the O.N. Stevens Water Treatment Plant (ONSWTP) in an amount of $432,100.00, with FY 2025 funding available from the Water Fund. Sponsors: Corpus Christi Water, Engineering Services and Contracts and Procurement 13. 24-2058 Motion authorizing a construction contract with Grace Paving and Construction, Inc. from Corpus Christi, Texas, for the reconstruction of Aaron Drive from Saratoga Blvd. to Summer Wind Drive with new asphalt pavement, 5-ft sidewalks, curbs, gutters, ADA-compliant curb ramps, signage, and utility improvements in an amount not to exceed $3,840,880.73, located in Council District 5 with funding available from the 2022 Street Bond and FY2025 Storm Water, Wastewater, Water, and Gas funds. Sponsors: Public Works/Street Department, Engineering Services and Contracts and Procurement 14. 24-2070 Resolution authorizing a professional services contract with Halff Associates of Corpus Christi, TX, in an amount of $927,701.00 for the design of Sand Dollar Avenue and Crowsnest, located in District 4, with FY 2025 funding available from the Tax Increment Reinvestment Zone #2 (Island TIRZ) Fund. Sponsors: Economic Development, Engineering Services and Contracts and Procurement General Consent Items 15. 24-2093 Resolution authorizing an amendment to the Pilot Program for Roller Compacted Concrete Roadway Improvements and Participation Agreement for Kings Landing Subdivision and authorizing an additional Participation Agreement with MPM Development, LP to reimburse the developer up to $415,460.61 for the City's share of the cost to construct Lady Alexa Drive with Roller Compacted Concrete for the King's Landing Unit 9 subdivision with FY25 funding from the 1041 Street Maintenance fund. (District 3) Sponsors: Development Services 16. 24-2069 Resolution to accept the easements that dedicate the Michael J. Ellis Seawall on North Padre Island, located in District 4, to the City, and the City is taking on legal responsibility to maintain and repair the Seawall in accordance with Article X of the City Charter. Sponsors: Engineering Services Consent - First Reading Ordinances City of Corpus Christi Page 4 Printed on 1/13/2025 City Council Meeting Agenda - Final -revised January 14, 2025 17. 24-2067 Ordinance authorizing the acceptance of a grant totaling $32,016.60 from Gulf of Mexico Alliance for the 2024 Gulf Star Program Grant for the purchase of 13 new L3Harris inter -operational radios and related accessories for the Corpus Christi Fire Department's Office of Emergency Management; and appropriating $32,016.60 in the FY 2025 Fire Grants Fund. Sponsors: Fire Department 18. 24-2085 Ordinance authorizing the acceptance of a grant from the State of Texas, Criminal Justice Division, under the FY 2025 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $39,993.25 for the purchase of 10 additional Panasonic in -car video systems for the Corpus Christi Police Department; and appropriating $39,993.25 into the Police Grants Fund. Sponsors: Police Department 19. 24-2068 Ordinance authorizing the acceptance of a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $186,309.00 for FY 2024 Edward Byrne Memorial Justice Assistance Grant Program for the Corpus Christi Police Department; and appropriating $186,309.00 in the Police Grants Fund with $93,154.00 to be distributed to Nueces County based on an interlocal agreement, and the remaining $93,155.00 to be used by the City. Sponsors: Police Department 20. 24-2075 Ordinance authorizing acceptance of grant funds from the State of Texas, Criminal Justice Division, under the FY 2025 Body -Worn Camera Grant Program in the amount of $106,017.00 for the purchase of 70 body -worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $106,017.00 in the Police Grants Fund with a cash match of $35,339.00 from the Law Enforcement Trust Fund. Sponsors: Police Department 21. 24-2092 Ordinance authorizing the acceptance of grant from the American Society for the Prevention of Cruelty to Animals (ASPCA) under the 2024 National Shelter Initiative Grants - Animal Outcomes for $94,634.00 with a City cash match of $14,192.00 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; and amending the Animal Care Services Grant Fund. Sponsors: Animal Care Services L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 22 - 23) The following items are public hearings and public hearings with first reading ordinances. City of Corpus Christi Page 5 Printed on 1/13/2025 City Council Meeting Agenda - Final -revised January 14, 2025 Each item will be considered individually. 22. 24-2090 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $77,285.28 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 9 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 $77,285.28 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 23. 24-2089 Zoning Case No. ZN8425, Judy Lynn Reuthinger (District 2). Ordinance rezoning a property at or near 4222 Avalon Street from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) Sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 24 - 25) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 24. 24-2065 Motion authorizing a construction contract to Victory Building Team, Corpus Christi, Texas, for City of Corpus Christi Southside Police Substation in District 5, in an amount not to exceed $5,880,000.00 with FY 2025 funding available from the Bond 2022 & Bond 2024 - Public Safety funds. Sponsors: Police Department, Engineering Services and Contracts and Procurement 25. 24-1197 Ordinance approving 10-year renewal of the existing lease agreement with Padre Island Yacht Club of a lease of 2.89 acres of City property located near Whitecap Wastewater Treatment Plant and amending the lease to provide a new 5-year option to renew, in consideration of quarterly lease payments the greater of $2,500 per quarter or 5% of gross income from slip rentals and membership fees; and providing for publication and an effective date. (28-day delay required between readings) Sponsors: Corpus Christi Water O. EXECUTIVE SESSION: (ITEM 26) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be City of Corpus Christi Page 6 Printed on 1/13/2025 City Council Meeting Agenda - Final -revised January 14, 2025 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. 26. 25-0001 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential value, lease and/or acquisition of properties and/or associated easements and access for water wells near the Nueces River and Texas Government Code § 551.072 to discuss and deliberate the purchase, lease and/or value of property rights in the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of authorization to enter agreement(s) for the lease and/or purchase of property rights at and/or adjacent to the aforementioned locations. P. ADJOURNMENT City of Corpus Christi Page 7 Printed on 1/13/2025 DATE: TO: January 7, 2025 Mayor & Council AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2025 FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Mayoral Appointments to Audit Committee and Municipal Court Committee CAPTION: Mayoral appointments to the Audit Committee and the Municipal Court Committee PURPOSE: At the beginning of each council term, the Mayor appoints four council members to each city council committee: the Municipal Court Committee and the Audit Committee. The mayor also appoints the chair of each committee. BACKGROUND AND FINDINGS: The Audit Committee will provide guidance to and oversight of the city auditor's office in the performance of its responsibilities. The audit committee will consist of four (4) council members appointed by the mayor at the beginning of each council term. The mayor shall appoint one of the council members as the chairperson. [City Code, Section 121/4.3(a)] The Municipal Court Committee provides oversight responsibilities for municipal court judicial operations and monitoring judges (appointment, annual review, and salary oversight). The municipal court committee will consist of four (4) council members appointed by the mayor at the beginning of each council term. The mayor shall appoint one (1) of the council members as the chairperson. [City Code, Sec. 29-54(a)] Mayor Guajardo is making the following appointments: Audit Committee Chair: Roland Barrera Members: Sylvia Campos, Kaylynn Paxson, and Mark Scott Municipal Court Committee Chair: Everett Roy Members: Eric Cantu, Gil Hernandez, and Carolyn Vaughn AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2025 DATE: January 7, 2025 TO: Mayor & Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Approval of 2025 — 2026 Mayor Pro Tem Schedule CAPTION: Motion to approve the 2025-2026 Mayor Pro Tem service schedule. SUMMARY: Article II, Section 4 of the City Charter provides that the city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tem. Traditionally, Mayor Pro Tem duties are assigned to each Council member on a rotating basis. The Council confirms the schedule by motion. Mayor Guajardo is recommending the following schedule: Begin Date (On Tues.) End Date (On Mon.) Council Member 1/14/2025 4/14/2025 Sylvia Campos 4/15/2025 7/14/2025 Gil Hernandez 7/15/2025 10/13/2025 Mark Scott 10/14/2025 1/12/2026 Roland Barrera 1/13/2026 4/13/2026 Everett Roy 4/14/2026 7/13/2026 Carolyn Vaughn 7/14/2026 10/12/2026 Kaylynn Paxson 10/13/2026 End of Council term Eric Cantu CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: Peter Zanoni, City Mana COPY: Executive Team SUBJECT: 2024 United Way Campaign — Live United, Vivir Unidos DATE: December 19, 2024 For over 85 years, the United Way of the Coastal Bend has served an integral role to improve and strengthen the lives of people. It has become a vital asset in Corpus Christi, collaborating with various public and private partners to invest in education, health, and financial stability. Investing in our community is important to the City of Corpus Christi and City employees continue to demonstrate this commitment. On November 18, 2024, the City kicked off the 2024 United Way Campaign at the Corpus Christi Gym. The City was joined by over 20 community organizations that actively provide services in Corpus Christi and the surrounding counties. Between November 18 and December 13, City staff held various department meetings and hosted community partners to give staff an opportunity to learn about their work and how they can contribute. This year the City of Corpus Christi surpassed its goal and raised over $165,000. Since 2019, the City has increased its giving by 52 percent, raising almost $900,000 in funding to support programs and services for individuals, children, and families in need across the Coastal Bend. I want to recognize and thank Rey Flores, Assistant Director, Solid Waste Services Department, for serving as the City's 2024 United Way Campaign Chair. Presented By: Corpus Christi Alumnae Chapter of Delta Sigma Theta Sorority, Inc. 11Prue Akre 1 r ni Irk` Gem ,G;mi Al SAVE THE DATE! Honoring the Life & Legacy of Dr. Martin Luther Ririe, Jr. THEME: mission Possible: Protecting Democracy in the Spirit of Nonviolence 365 March Route (0.8 rani) 39th Annual MLK Commemorative March MONDAY JANUARY 20,2025 12:00 P.M. STARE: Nueves CoLIn1 v' Courthouse (Lipari St_ side) Yr Oil END: church or the GeKid Shepherd Thanks to our community partners! 4011•11 wan impairimiN4 amid i 1 REINVESTMENT ZONE NO. 2 (ISLAND) BOARD Seven (7) vacancies with terms ending 11-1-2025 and 11-1-2026, representing the following categories: 5 - City and 2 - Nueces County. Historically, Council Members have been appointed to the board. City Council appoints 2 Nueces County positions, per Nueces County Commissioners Court recommendations. Nueces County is recommending the reappointment of John Marez and the new appointment of Mike Pusley. REAPPOINTMENT: Council Member Sylvia Campos and Commissioner John Marez, NEW APPOINTMENTS : Council Members Eric Cantu, Kaylynn Paxson, Mark Scott, Carolyn Vaughn and Commissioner Mike Pusley. The City Council appoints the Chairman for a term of one-year beginningJanuary 1, 2025. Composition The Board shall consist of up to fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one (1) member of the board. If the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone. Each governing body may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within 30 days of receiving written notice of its right to appoint. Effective January 1, 2023, any existing Board members appointed by taxing entities that do not or no longer contribute to the Zone are removed from the Board in compliance with Section 311.009(a).The remaining members of the board are appointed by the City Council. The City Council will seek recommendations from Nueces County on the appointment of three of the board members. If Nueces County does not provide recommendations, then City Council may appoint the remaining board members at its sole discretion. The City Council shall have the right to appoint at least ten (10) members of the Board and the board may exceed fifteen (15) members if necessary for the City Council to make the ten (10) appointments. To be eligible for appointment, an individual must be at least 18 years of age and be a resident of the county in which the zone is located or a county adjacent to that county or own real property in the zone, whether or not the individual resides in the county in which the zone is located or a county adjacent to that county. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one- year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Creation/Authority Meet Motion No. 2000-396, 11/14/00; Ordinance No. 024270, 11/14/00; As scheduled Motion No. 2000-408; Motion No. 2000-409, 11 /21 /00; Motion No. 2009-259, 9/15/09; Ordinance 032929, 12-6-2022. Member Size Term Length 13 2 years Liaison Joe Escobar Name Sylvia Campos Term 1 Appt. date 2/14/2023 End date 11/1/2024 Appointing Authority City Council Position Status Eligible for reappointment Category City Daniel R Suckley 1 2/14/2023 11/1/2024 City Council Chair Term Completed City Michael T. Hunter 4 4/12/2016 11/1/2025 City Council Term Completed City Mike Pusley 3 2/9/2021 11/1/2025 City Council Term Completed City Jim Klein 2 2/14/2023 11/1/2025 City Council Term Completed City Joe A Gonzalez 1 4/11/2023 11/1/2024 City Council Not seeking reappointment Nueces County John Marez 1 4/11/2023 11/1/2024 City Council Seeking reappointment Nueces County Everett Roy 2 2/14/2023 11/1/2025 City Council Active City 1-14-2025 Name Term Appt. date End date Appointing Authority Position Status Category Connie Scott 1 2/8/2023 11 /1 /2024 Nueces County Active Nueces County Paulette Guajardo 4 11/2/2019 11/1/2025 City Council Active City Gil Hernandez 4 11/2/2019 11/1/2025 City Council Active City Roland Barrera 4 11/2/2019 11/1/2025 City Council Active City Brent Chesney 3 2/18/2020 11/1/2025 City Council Active Nueces County 1-14-2025 REINVESTMENT ZONE NO. 3 (DOWNTOWN) BOARD Seven (7) vacancies with the terms ending 02-28-2026 and 02-28-2027, representing the following categories: 7 - City. Historically, Council Members have been appointed to the board. REAPPOINTMENTS: Mayor Paulette Guajardo, Council Members Gil Hernandez and Roland Barrera, NEW APPOINTMENTS: Council Members Eric Cantu, Kaylynn Paxson, Mark Scott and Carolyn Vaughn. The City Council appoints the Chairman for a term of one-year beginning January 1, 2025. Duties The Reinvestment Zone No. 3 Board shall make recommendations to the City Council concerning the administration of the zone. (The zone area includes approximately 856 acres encompassing the City's Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. Composition The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from the Downtown Management District, and the board may exceed twelve (12) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Creation/Authority Meets Member size Term length/limit Ord. No. 027996, 12/16/08; Ord. No. 028136, 4th Tuesday of the month at 9:30 a.m., 12 2 years / N/A 04/28/09; Ord. No. 029403, 3/2/12; and Ord. No. Council Chambers. 030286, 9/16/14. Staff liaison Joe Escobar Name Paulette Guajardo Term 4 Start date 12/20/2016 End date 2/28/2025 Appointing Authority City Council Position Status Eligible for reappointment Category City Gil Hernandez 3 1/15/2019 2/28/2025 City Council Eligible for reappointment City Roland Barrera 3 1/15/2019 2/28/2025 City Council Eligible for reappointment City Daniel R Suckley 1 1/10/2023 2/28/2025 City Council Term Completed City Jim Klein 1 1/10/2023 2/28/2025 City Council Term Completed City Michael T. Hunter 5 4/19/2016 2/28/2026 City Council Term Completed City Mike Pusley 3 1/12/2021 2/28/2026 City Council Chair Term Completed City 1-14-2025 Name Term Start date End date Appointing Authority Position Status Category City Everett Roy 1 1/10/2023 2/28/2025 City Council Active Sylvia Campos 1 1/10/2023 2/28/2026 City Council Active City Rudy Garza Jr. 1 2/14/2023 2/28/2026 Del Mar College Active Del Mar Connie Scott 2 2/8/2023 2/28/2026 Nueces County Active Nueces County James Sedwick 3 3/24/2020 2/28/2026 City Council Active Downtown Management District 1-14-2025 REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Nine (9) vacancies with term ending 11-1-2025 and 11-1-2026, representing the following categories: 1 - Community Member, 7 - City and 1 - Nueces County. Historically, Council Members have been appointed to the board. Nueces County is recommending the reappointment of Judge Connie Scott. REAPPOINTMENTS: Council Members Roland Barrera, Sylvia Campos, Gil Hernandez and County Judge Connie Scott. NEW APPOINTMENTS: Council Members Eric Cantu, Kaylynn Paxson, Mark Scott and Carolyn Vaughn. The City Council appoints the Chairman for a term of one-year beginning January 1, 2025. Composition The Board shall consist of fifteen (15) members. The Board shall be appointed as follows: Pursuant to Section 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a director. The remaining members of the Board are appointed by the City Council. To be eligible for appointment, an individual must be 18 years or older of age and be a resident of the county in which the zone is located or own real property in the zone, whether or not the individual resides in the county in which the zone is located. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from Nueces County, and the board may exceed fifteen (15) members if necessary, for the City Council to make said ten (10) appointments. Terms of Board members are two years. Terms must be staggered, with the first term of 8 City Council appointees being for one year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice -Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Per staff's recommendation on 11-12-2019 the following composition was approved for City positions: 9 - City Council members, 1 - 2 - Nueces County Representative(s), 1 - Community member (Must be a resident within the TIRZ), 1 - Texas State Aquarium Appointee, 1 - USS Lexington Creation / Authority Ord. No. 031927, 11-12-19 Meet As scheduled Members size 15 Term length 2 years Liaison Joe Escobar Name Catherine Garcia Term 1 Appt. date 2/14/2023 End date 11/1/2024 AppointingAuth4 City Council Position Status Seeking reinstatement Category Community Member Attendance 2/4 meetings - 50% Roland Barrera 3 11/12/2019 11/1/2024 City Council Eligible for reappointment City Sylvia Campos 1 2/14/2023 11/1/2024 City Council Eligible for reappointment City Gil Hernandez 3 11/12/2019 11/1/2024 City Council Eligible for reappointment City Michael T. Hunter 3 11/12/2019 11/1/2024 City Council Vice -Chair Term Completed City Jim Klein 1 2/14/2023 11/1/2024 City Council Term Completed City Daniel R Suckley 1 2/14/2023 11/1/2024 City Council Term Completed City Mike Pusley 2 2/9/2021 11/1/2025 City Council Term Completed City Connie Scott 1 2/14/2023 11/1/2024 City Council Seeking reappointment Nueces County Everett Roy 1 2/14/2023 11/1/2025 City Council Chair Active City Paulette Guajardo 3 11/12/2019 11/1/2025 City Council Active City 1-14-2025 Name David Loeb Term 1 Appt. date 2/14/2023 End date 11/1/2025 AppointingAuthu Del Mar College Position Status Active Category Del Mar College Attendance Mike Pusley 2 1/8/2025 11/1/2025 Nueces County Active Nueces County Steve Banta 3 11/12/2019 11/1/2025 City Council Active Director of USS Lexington Jesse Gilbert 2 11/9/2021 11/1/2025 City Council Active Director of Texas State Aquarium 1-14-2025 REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Applicant List Name District Status Category Catherine Garcia District 1 Seeking re -instatement Community Member Ronald D. Graban (District 1 (Applied (Community Member Carrie R. Meyer District 1 Applied Community Member Kim A. Novak 'District 1 'Applied 'Community Member CITY OF CORPUS CHRISTI Submit Date: Aug 20, 2024 Application for a City Board, Commission, Committee or Corporation Profile Catherine First Name Garcia Last Name Email Address Street Address Corpus Christi TX 78402 City State Postal Code Primary Phone Alternate Phone What district do you live in? * District 1 Current resident of the City of Corpus Christi? o• Yes r No If yes, how many years? 2 1/2 years Westside Business Association Employer Executive Director Job Title Work Address - Street Address and Suite Number 2501 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78415 Preferred Mailing Address Public Relations Occupation pi Home/Primary Address Catherine Garcia Which Boards would you like to apply for? REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? IT Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: TIRZ North Beach Why are you interested in serving on a City board, commission or committee? Purchasing property on North Beach, would like to have some feedback for the betterment of the community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? rYes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes No Are you a current candidate in an election for a non -city public office? r Yes No Do you currently serve as an elected official for a non -city public office? r Yes r No Will you seek re-election to the non -city public office? If not in a non- city public office, please enter N/A NA Demographics Catherine Garcia Gender lW Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes r: No Does your employer or your spouse's employer have a City contract? r Yes cz No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes t' No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board -specific questions (if applicable) Catherine Garcia Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Are you 18 year or older? 6' Yes r No Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. l7 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. F I Agree Catherine Garcia Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree Catherine Garcia boo CATHERINE GARCIA LICENSED INSURANCE BROKER; LEADERSHIP, BUSINESS & MARKETING CONSULTANT T 210.606.4101 E LIFEUNSPOKEN@GMAIL.COM OBJECTIVE Dynamic and results -oriented with a proven track record in business development, growth, marketing, and leadership roles. Seeking to leverage expertise and experience in driving growth and fostering strategic partnerships in a progressive organization. SKILLS & ABILITIES Professional with over 20 years of combined experience impacting company performance and profitability through insurance sales leadership. Specialized and extensive knowledge in a full range of marketing & insurance products to include commercial insurance & risk management. Additional strengths focusing on strong cross marketing and new market development to increase sales portfolio. EXPERIENCE WESTSIDE BUSINESS ASSOCIATION EXECUTIVE DIRECTOR JUNE 2024 - PRESENT Lead and execute WBA board mission & vision, strategic guidance and consultation on business growth initiatives for the Coastal Bend focusing on the westside business communities. WELLMED MEDICAL MANAGEMENT REGIONAL DIRECTOR, GROWTH & BROKER RELATIONS SEPT 2022 —JUNE 2024 Provide strategic guidance and consultation on business growth initiatives for the greater South Texas region clinics. Led efforts to enhance broker relations, trainings, and drive growth with the organization with community partnerships. BRP — THE BROADROOM PROJECT BOARD CHAIR — CORPUS CHRISTI CHAPTER AUG 2022 — PRESENT Non-profit to help foster organizational development for women of color in the community INSPIRATION 4 LIFE DIRECTOR OF BUSINESS DEVELOPMENT & OUTREACH JUNE 2019-PRESENT Business development consultant — contract — help develop community and outreach events with the city of San Antonio. CLG MEDICARE SOLUTIONS DIRECTOR OF BUSINESS DEVELOPMENT MAY 2020 — SEPT 2022 Led training for a group of individual independent agents for Medicare plans. CUELLAR & ASSOCIATES BUSINESS ENGAGEMENT DIRECTOR MAY 2020 —JUNE 2021 Developed all policy and procedures for each insurance department, HR, employee benefits, and Medicare. Trained, mentored, and guided HR components through transitional phases during COVID. 2 CATHERINE GARCIA LEADERSHIP, BUSINESS & MARKETING CONSULTANT T 210.606.4101 E LIFEUNSPOKEN@GMAIL.COM VOYAGE INSURANCE GROUP BUSINESS DEVELOPMENT DIRECTOR JUNE 2019- MAY 2020 Business development consultant — contract, to help develop independent insurance agents for commercial insurance for training, business development, community outreach and networking efforts. ALAMO TEES & ADVERTISING MARKETING & BRANDING CONSULTANT— CONTRACT DECEMBER 2018-MAY 2020 SOGO WEALTH & RISK MANAGEMENT SENIOR ACCOUNT EXECUTIVE AUGUST 2016-APRIL 2019 STATE FARM INSURANCE ACCOUNT MANAGER OCTOBER 2015 — AUGUST 2016 MARKETING COORDINATOR MARCH 2014 - OCTOBER 2015 EDUCATION OUR LADY OF THE LAKE UNIVERSITY — PSYCHOLOGY/ORGANIZATIONAL LEADERSHIP -LICENSED PROPERTY & CASUALTY -LICENSED LIFE & HEALTH CITY OF CORPUS CHRISTI, BOARD MEMBER, DISTRICT 1, TIRZ BOARD CHAIR THE BOARDROOM PROJECT- CC CHAPTER SAHCC LATINA LEADERSHIP INSTITUTE 2020, 5' COHORT 2018 SAN ANTONIO HISPANIC CHAMBER OF COMMERCIE, COMMUNITY AMBASSADOR, EMBAJADORA OF THE YEAR SAHCC — MEMBERSHIP COMMITTEE MEMBER BOARD MEMBER — WOMEN INSPIRING NETWORK AMERICAN SUBCONTRACTORS' ASSOCIATION — COMMITTEE MEMBER SAN ANTONIO MANUFACTURERS ASSOCIATION — MEMBERSHIP COMMITTEE PUBLICATION: SAN ANTONIO WOMAN — December 2019 2016 INSPIRATION FOR LIFE NETWORK — Local inspirational hero CITY OF CORPUS CHRISTI Submit Date: May 12, 2024 Application for a City Board, Commission, Committee or Corporation Profile D r. Prefix Ronald First Name D Middle Initial Graban Last Name Email Address Street Address Corpus Christi City Primary Phone Alternate Phone What district do you live in? * W. District 1 TX State 78402 Postal Code Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 1 RL Portland LLC Owner Employer Job Title Work Address - Street Address and Suite Number 410 Lang Road Work Address - City Portland Work Address - State Texas Work Address - Zip Code 78374 Real Estate Investor Occupation Dr. Ronald D Graban Which Boards would you like to apply for? REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? IT Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Earned a Doctor of Education (Ed.D.) at Teachers College, Columbia University, New York City, NY Inducted to Kappa Delta Phi, an international professional organization for educators, while at Columbia University, New York City, NY Why are you interested in serving on a City board, commission or committee? I'm interested in serving on the North Beach TIRZ Board, so that I can help connect the residents, property owners and businesses of North Beach with our elected officials and with the members of the TIRZ Board who make decisions about our neighborhood. As the current President of North Beach Community Association (NBCA), I have my finger on the pulse of the community. In this volunteer capacity, I have had the opportunity to work with many residents and business owners to improve our neighborhood. As President of NBCA, I am an elected spokesperson for this community. I have been a property owner on North Beach for over 10 years and have recently built a substantial single family dwelling on my waterfront property next to Surfside Park. My decision to homestead my new home and adjacent pool house represents my commitment to remain as an integral part of this community. I have been actively involved in the revitalization of North Beach and plan to continue providing the leadership necessary for future development. Are you an ex-Officio member of a City Board, commission or committee? ✓ Yes 47 No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? • Yes r No Are you a current candidate in an election for a non -city public office? ✓ Yes tr. No Dr. Ronald D Graban Do you currently serve as an elected official for a non -city public office? ✓ Yes r: No Will you seek re-election to the non -city public office? If not in a non- city public office, please enter N/A N/A Demographics Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? c Yes r: No Does your employer or your spouse's employer have a City contract? rYes r: No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes f• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board -specific questions (if applicable) Dr. Ronald D Graban Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Are you 18 year or older? 6' Yes r No Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? AT Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree Dr. Ronald D Graban City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. w I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. TJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. • I Agree Dr. Ronald D Graban CITY OF CORPUS CHRISTI Submit Date: May 06, 2024 Application for a City Board, Commission, Committee or Corporation Profile Carrie R First Name Middle Initial Meyer Last Name Email Address Street Address CORPUS CHRISTI City Primary Phone Alternate Phone What district do you live in? * W. District 1 TX State 78402 Postal Code Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 23 Nature Trails Kayaking Employer OWNER, Kayak Guide Job Title Work Address - Street Address and Suite Number 4401 Gulfbreeze Blvd. Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78402 Work Phone 3614420628 Kayak Guide Occupation Carrie R Meyer Work E-mail address naturetrailskayaking@gmail.com Preferred Mailing Address Home/Primary Address Which Boards would you like to apply for? REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? r= Yes r^ No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Nothing currently. I previously served on the North Beach TIRZ 4 Board, but I was replaced by Ken Berry. His term expired in Nov 2022, so I am applying to be appointed to the "Community" representative position on the TIRZ Board. Education, Professional and/or Community Activity (Present) Secretary of neighborhood group (North Beach Community Association) Owner of North Beach business, Nature Trails Kayaking Kitesurfer, kayaker, beach lover. Bachelor's Degree in Communications from UT Austin, 1984 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) TIRZ No 4 Why are you interested in serving on a City board, commission or committee? Because decisions made by this committee impact the neighborhood I live in where I own property and where my husband and I are raising our son. Are you an ex-Officio member of a City Board, commission or committee? c Yes IT No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r= Yes rµ No Carrie R Meyer Are you a current candidate in an election for a non -city public office? ▪ Yes No Do you currently serve as an elected official for a non -city public office? ✓ Yes No Will you seek re-election to the non -city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender fJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ✓ Yes r No Do you, your spouse, your business or your spouse's business have a City contract? ✓ Yes No Does your employer or your spouse's employer have a City contract? ✓ Yes No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes No Carrie R Meyer If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board -specific questions (if applicable) Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Are you 18 year or older? (7Yes c No Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? r• Yes c No Verification Carrie R Meyer City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 9- I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. ,/ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 9 I Agree Carrie R Meyer CITY OF CORPUS CHRISTI Submit Date: May 12, 2024 Application for a City Board, Commission, Committee or Corporation Profile KIM A First Name Middle Initial NOVAK Last Name Email Address Street Address CORPUS CHRISTI City Primary Phone Alternate Phone What district do you live in? * W. District 1 TX State 78740 Postal Code Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 15 OWNER, K9 REHAB K9 CONDITIONING & REHAB THERAPIST, PHYSICAL SVCS THERAPIST ASST Employer Job Title Work Address - Street Address and Suite Number 2901 WEST SURFSIDE BLVD Work Address - City CORPUS CHRISTI Work Address - State TX Work Address - Zip Code 78402 Work E-mail address K9 REHAB THERAPIST Occupation K9CARS@GMAIL.COM KIM A NOVAK Preferred Mailing Address IW Home/Primary Address Which Boards would you like to apply for? REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BS HEALTH SCIENCE - ATHLETIC TRAINING AAS - PHYSICAL THERAPIST ASSISTANT CERTIFIED CANINE REHABILITATION PRACTITIONER INSUTRUCTOR AT YMCA Why are you interested in serving on a City board, commission or committee? TO PROVIDE AN ENGAGED AND APPROPRIATE INTEREST FOR THE COMMUNITY OF NORTH BEACH. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? c Yes r• No Are you a current candidate in an election for a non -city public office? c Yes r No Do you currently serve as an elected official for a non -city public office? rYes IT No Will you seek re-election to the non -city public office? If not in a non- city public office, please enter N/A NA Demographics KIM A NOVAK Gender lW Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes No Do you, your spouse, your business or your spouse's business have a City contract? Yes r: No Does your employer or your spouse's employer have a City contract? r Yes cz No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ✓ Yes t' No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? ✓ Yes No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? ✓ Yes No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board -specific questions (if applicable) KIM A NOVAK Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Are you 18 year or older? 6' Yes r No Question applies to REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. l7 1 Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. F I Agree KIM A NOVAK Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. w I Agree KIM A NOVAK CERTIFIED CANINE REHABILITATION PRACTITIONER KIM A. NOVAK 2901 WEST SURSIDE BLVD CORPUS CHRISTI, TX 78402 (361) 947- 7297 cell QUALIFICATIONS & AWARDS Certified Canine Rehabilitation Practitioner [6/2008] Certified Canine Master Trainer [6/2015] Licensed Physical Therapist Assistant (#2069740) [8/2007] Women in Business Champion of the Year [5/2017] SBA "Success Story" [1/2018] Cover page story of SBA Small Business Magazine [2019] AMERICAN RED CROSS Dog & Cat First Aid Instructor PET TECH PetSaver CPR, First Aid & Care [1/2020] Physical Medicine & Rehab in the Veterinary Clinical Setting Course [9/2007] Rocktape Canine Taping Course DOGGYREHAB@G MAI L. COM WWW. FACEBOOK.COM/DOGG I EREHAB (210) 800-9947 fax EDUCATION Slippery Rock University [1988-1992] BS Athletic Training. Certified as an Athletic Trainer (AT,C). President of Rock Emergency Medical Services first aid club. Chairperson of several Athletic Training Student Committees University of Tennessee/NES - [2008] Certified Canine Rehabilitation Practitioner Jefferson College of Health Sciences [2006-2007] AAS Physical Therapist Assistant. Presidents List every semester Del Mar Community College [2005-2006] - Initiated PTA program here until transferred to JCHS due to necessary surgery/need to be near home for recovery/rehab. First in class prior to transferring. J. Sergeant Reynolds Community College [2003] NREMT-Paramedic Butler County Community College [1990-1991] EMT -Basic EMPLOYMENT [6/2009 - Present] K9 Conditioning & Rehab Services - Owner & Certified Canine Rehabilitation Practitioner: Started a successful stand- alone canine rehab facility. Evaluate & treat all patients by providing therapeutic rehab as an outpatient or inpatient. Manage all staff, pay roll and maintenance duties. [4/2009 - 6/2014] Christus Spohn Health System- Memorial Hospital - Physical Therapist Assistant: Full time position in Acute care and Outpatient at a very busy Level 1 Trauma Center and indigent care hospital. [2008] - Southside Regional Medical Center - Physical Therapist Assistant: PRN position on the acute care floor at a level 2 Trauma Center. [2007] - West Chester Pet Resort - Certified Canine Rehabilitation Practitioner & Veterinary Assistant: Started the resort's canine rehab program working under the direction of a Veterinarian to evaluate, develop and implement rehab programs for canines. When not rehabilitating dogs I functioned as a Vet Assistant. Duties included taking temperatures, cleaning/sterilizing equipment and the facility, assisting in surgery and safely restraining animals for procedures and evaluations. [2000-2009] VA -VAS/DOF - Wildland Firefighter/Paramedic: Functioned mostly as a fire line certified Paramedic in the Medical Unit on incidents all over the US. Coordinated, treated, and transported injured/ill incident members. References available upon request City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, December 10, 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 11:38 a.m. B. Invocation to be given by Father Thomas Bartz with St. Nicholas Greek Orthodox Church. Father Thomas Bartz with St. Nicholas Greek Orthodox Church gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Alex Montalvo, 12th grader from South Texas Science & Technology High School. Alex Montalvo, 12th grader from South Texas Science & Technology High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9 - Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 - 3) 1. 24-2031 FY 2024 4th Quarter Financial Report City Manager Peter Zanoni presented information on the following topics: presentation overview; FY 2024 year end timeline; FY 2024 general fund revenues; FY 2023 general fund expenses; general fund balance; FY 2024 budget initiatives (all funds); HOT tax revenue; water fund revenues and expenses; wastewater fund revenues and expenses; FY 2024 projected fund balances; Capital Improvement Program; summary; and next steps. City of Corpus Christi Page 1 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Council Members, City Manager Zanoni, and Director of Economic Development Arturo Marquez discussed the following topics: state HOT is estimated to generate about $70 million; a concern about OVG 360's lack of management with American Bank Center; a request for a pie chart to show general fund expenses; and a request for an update from OVG 360 staff. 2. 24-2061 Lake Corpus Christi Water Safety Coalition City Manager Peter Zanoni presented information on Lake Corpus Christi Water Safety Coalition Task Force. Council Members and City Manager Zanoni discussed the following topics: the importance of increasing caution signage at Lake Corpus Christi, implementing water safety programs, and to educate the public to take safety precautions. 3. 24-2050 48th annual Christmas Eve "Police Officers Christmas Angels" Food Basket Delivery Assistant Police Chief David Blackmon presented information on the 48th annual "Police Officers Christmas Angels" Food Basket Delivery to be held on December 24, 2024. Volunteers will meet at Windsor Park Elementary School located at 4525 S. Alameda at 6:00 a.m. F. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens spoke in support of Item 30: Ron Graban, Corpus Christi, TX and Carrie Meyer, Corpus Christi, TX. Bob Catalano, Corpus Christi, TX, spoke in support of Item 30 and expressed concern about flooding on North Beach. John Weber, Corpus Christi, TX, expressed concern about high water usage at car washes. Kresten Cook, Corpus Christi, TX, spoke in support of Item 25, South Texas Military Task Force. Mark Muenster, Corpus Christi, TX, spoke about stage 3 drought restrictions. Jerry Sinclair, Corpus Christi, TX, spoke in support of Item 32, seawall improvement project. The following citizen submitted a written public comment which is attached to the minutes: John Weber, Corpus Christi, TX City of Corpus Christi Page 2 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 G. BOARD & COMMITTEE APPOINTMENTS: NONE) H. BRIEFINGS: (ITEM 4) 4. 24-1933 Bond 2024 Residential Streets ($35 million) Council Briefing on Project Delivery Mayor Guajardo referred to Item 4. Director of Public Works Ernest De La Garza presented information on the following topics: Proposition A -streets -residential streets project overview; Rapid Pavement Program (RPP) timeline; residential street productivity -before pavement only approach; comparison of RPP 2024 estimated pavement only approach vs. actual completed work metric; FY 2024 RPP PW vs. contractor comparison; timeline -bond projects, RPP program, and Pavement Condition Index (PCI) update; and Bond 2024-residential streets distribution of work. Council Members, City Manager Peter Zanoni, Director De La Garza, and Director of Engineering Services Jeff Edmonds discussed the following topics: only $15 million of the budgeted amount was used on residential streets, however monies that were not spent are saved and spent the next year; how to keep street funding levels consistent; a request to sort the PCI by worst streets; staff will provide a PCI report, including industrial streets and alleyways; a request for an update on reconstructed streets managed by the Engineering Department; and the PCI does not track the condition of curbs and gutters. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 5 - 28) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 6, 7, 11, 15, 22, 23, 27 and 28 were pulled for individual consideration. Council Member Barrera moved to approve the consent agenda with the exception of Items 6, 7, 11, 15, 22, 23, 27 and 28, seconded by Council Member Klein. 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. 24-2039 Approval of the December 3, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. City of Corpus Christi Page 3 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Consent - Second Reading Ordinances 6. 24-1949 Ordinance annexing land located within Industrial District No. 1 into the territorial limits of the City of Corpus Christi; annexing land located within Industrial District No. 2 into the territorial limits of the City of Corpus Christi; adopting a service plan; establishing initial zoning of IH Heavy Industrial for newly annexed property; and providing City Secretary notification. Mayor Guajardo referred to Item 6. A Council Member and City Attorney Miles Risley discussed the following topic: this ordinance was amended to remove another industry from the tracts being annexed. Council Member Pusley moved to amend the ordinance as submitted by staff, seconded by Council Member Barrera and passed unanimously. Council Member Pusley moved to approve the ordinance as amended, seconded by Council Member Barrera. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033533 7. 24-1948 Ordinance disannexing approximately 15.4 acres of land at or near Nueces Bay Boulevard and Broadway Street. Mayor Guajardo referred to Item 7. Council Member Campos pulled this item to vote against it. Council Member Barrera moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2 - Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033534 8. 24-1795 Ordinance authorizing the acceptance of two grants totaling $215,009.32 from the Texas Office of the Governor -Homeland Security Grant Division for the State Homeland Security Program for the purchase of one additional City of Corpus Christi Page 4 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 2025 Ford F-450 Police response vehicle and one replacement Spartan Robot for the Corpus Christi Police Department's Bomb Squad; and appropriating $215,009.32 in the FY 2025 Fire Grants Fund. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033535 9. 24-1789 Ordinance appropriating $61,372 in the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Department of State Health Services (DSHS) to provide STD/HIV prevention and control services during Calendar Year 2025 for a grant period of January 1, 2025, through July 31, 2025, and authorizing one existing FTE funded by this grant. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033536 10. 24-1206 Ordinance appropriating $1,322,471.00 in the Health Grant Fund for an increase in the Infectious Disease Prevention and Control Unit - Grant Program from the Texas Department of State Health Services (DSHS) to provide epidemiologic and surveillance response activities and laboratory response network activities by funding 3 existing full time employee Epidemiologist positions through July 31, 2026. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033537 11. 24-1608 Ordinance authorizing three Airline Use and Lease Agreements with (1) United Airlines, (2) Southwest Airlines, and (3) American Airlines, each of which has a three-year term with a mutual agreement option to renew for a period of two two-year options. (6 votes required) Mayor Guajardo referred to Item 11 A Council Member and Assistant City Manager Heather Hurlbert discussed the following topic: the rate increases are extremely low and are based on market rates per square footage. Council Member Pusley moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Klein Abstained: 1 - Council Member Campos Enactment No: 033538 City of Corpus Christi Page 5 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 12. 24-1618 Ordinance authorizing three concession and lease agreements with (1) EAN Holdings, LLC dba Alamo Rent a Car, Enterprise Rent-A-Car and National Car Rental; (2) AVIS Budget Car Rental, LLC dba Avis, Budget & Payless; and (3) The Hertz Corporation dba Hertz, Dollar Rent A Car and Thrifty Car Rental for on -airport rental car services, each of which has a five-year term and two one-year options, in consideration of 11 % of annual gross revenues or a minimum annual guarantee, whichever is greater. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033539 13. 24-1880 Ordinance approving amendment to the Tax Increment Reinvestment Zone No. 2 operating budget for the Briscoe King Pavilion Project; increasing funds in the amount of $1,911,385.00 for needed improvements and renovation to the existing Briscoe King Pavilion facility; appropriating $1,911,385.00 from the unreserved balance of the Tax Increment Reinvestment Zone No. 2 Fund; and amending the FY 2025 Operating Budget. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033540 14. 24-1959 Ordinance authorizing a Coastal Erosion Planning and Response Act Project Cooperation Agreement with the Texas General Land Office and a matching grant allocation of $820,000.00 to mitigate shoreline erosion of public parks along the Corpus Christi Bay; appropriating $820,000.00 from the unreserved balance of the Type B Fund; and amending the FY 2025 Operating Budget. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033541 15. 24-1924 Ordinance amending Ordinance No. 032481 to adjust and reallocate use of funding from the American Rescue Plan Act (ARPA) as follows: Citywide Waterline Replacement $30,000,000.00; Citywide Wastewater Lift Station Upgrades $18,400,000.00; Citywide Stormwater Improvements $10,000,000.00; North Beach Drainage Improvements $1,254,480.00; Construction of Fire Station #3 $4,050,000.00; Police and Fire Services $3,819,106.00; Downtown Outdoor Dining Development $26,414.00; and administrative grant support $3,894.00; appropriating $218,106.00 in estimated ARPA interest income; and amending the FY 2025 Operating and Capital Budgets to account for the necessary changes in ARPA funding and approved projects. Mayor Guajardo referred to Item 15. A Council Member and Director of Finance Sergio Villasana discussed the following topic: the $222,000 covers the one full-time grant position for two years. City of Corpus Christi Page 6 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Council Member Campos moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second 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 Enactment No: 033542 Consent - Contracts and Procurement 16. 24-1823 Resolution authorizing a five-year service agreement with Cummins Southern Plains, LLC dba Cummins Sales and Service, of Arlington, Texas, with an office in Corpus Christi, in an amount up to $2,067,092.75, for preventative maintenance and purchase of parts for a total of nine generators, two automatic transfer switch inspections, and one rental equipment for generator operability testing at the O.N. Stevens Water Treatment Plant, Pump Stations, and Wesley Seale Dam, with FY 2025 funding of $238,780.00 from the Water Fund. (6 votes required) This Resolution was passed on the consent agenda. Enactment No: 033543 17. 24-1640 Resolution authorizing a five-year agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, for an amount up to $63,696.80 for the purchase of 14 tasers, supplies, software licenses, and training for the Corpus Christi International Airport, with FY 2025 funding of $12,739.36 from the Airport Fund. (6 votes required) This Resolution was passed on the consent agenda. Enactment No: 033544 18. 24-1910 Resolution authorizing the purchase of a mainline control system from Groebner & Associates, Inc., of Rogers, Minnesota, for use by the Gas Department to repair pipelines and isolate sections of gas mains in the absence of pressure control fittings in cases of emergency, for $169,037.77, with FY 2025 funding from the Gas Operations Fund. This Item was withdrawn. 19. 24-1881 Motion authorizing the purchase and installation of communication equipment from Zetron, Inc., of Redmond, Washington, through the HGAC Cooperative, for $103,319.08 to replace antiquated equipment for Fire Station #3, with FY2025 funding from the General Fund. (6 votes required) This Motion was passed on the consent agenda. City of Corpus Christi Page 7 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Enactment No: M2024-181 20. 24-1883 Motion authorizing execution of a five-year cooperative agreement with Everbridge, Inc., of Pasadena, California, through the federal General Services Administration, for $87,215.44 annually, with a potential up to $436,077.20, for software license renewals for the Reverse Alert mass notification system utilized in the Emergency Operations Center, with FY 2025 funding from the Local Emergency Planning Committee (LEPC) Fund. (6 votes required) This Motion was passed on the consent agenda. Enactment No: M2024-182 21. 24-1882 Motion authorizing execution of a three-year cooperative agreement with Great South Texas Corp dba Computer Solutions, of San Antonio, through the TIPS Cooperative in the amount of $84,494.70 for license renewals of the Meraki Mobile Device Management software for managing security policies, providing application deployment, device wiping and control for Apple iOS and Android devices, with continuing three-year renewals subject to future budget appropriations, with FY2025 funding from the Information Technology Fund. (6 votes required) This Motion was passed on the consent agenda. Enactment No: M2024-183 Consent - Capital Projects 22. 24-1950 Motion awarding a professional services contract to Ardurra Group, of Corpus Christi, Texas, to provide design and bid phase services for a new Solids Handling & Disposal Facility at the O.N. Stevens Water Treatment Plant (ONSWTP) in an amount not to exceed $4,789,425, with FY 2025 funding available from the Water Capital Fund. (6 votes required) Mayor Guajardo referred to Items 22 and 23. A Council Member and Director of Water Systems Nick Winkelmann discussed the following topics: this project includes $15 million of construction costs; and a concern about the amount of debt in the water fund. Council Member Hernandez moved to approve Items 22 and 23, seconded by Council Member Barrera. These Items 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: M2024-184 City of Corpus Christi Page 8 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 23. 24-1698 Motion authorizing a professional services contract amendment No. 2 with STV Inc., San Antonio, Texas, to provide design and construction phase services for the Navigation Pump Station Improvements Project in the amount of $626,237.00 for a total restated fee not to exceed $2,157,002.00, with FY 2025 funding available from the Water Capital Fund. (6 Votes Required) See Item 22. 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: M2024-185 24. 24-1971 Motion authorizing a professional services contract with Halff Associates, Inc., Corpus Christ, Texas, to provide design, bid, and construction phase services for the 16-Inch Water Main Extension Hwy 286 to Alameda St. project in an amount not to exceed $337,848.50, located in Council District 1, with FY 2025 funding available from Water Capital Fund. (6 votes required) This Motion was passed on the consent agenda. Enactment No: M2024-186 General Consent Items 25. 24-1997 Motion authorizing renewal of an agreement with the United Corpus Christi Chamber of Commerce to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2025 in the amount of $75,000. (6 votes required) This Motion was passed on the consent agenda. Enactment No: M2024-187 Consent - First Reading Ordinances 26. 24-1995 One reading ordinance adopting a new Bayside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Southeast Area Development Plan adopted by ordinance #022265; and amending conflicting plans. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033545 27. 24-1975 Ordinance authorizing a three-year Joint Use Agreement with WellMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue, with two one-year options. (6 votes required) City of Corpus Christi Page 9 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Mayor Guajardo referred to Item 27. Council Members, City Manager Peter Zanoni, and Director of Parks and Recreation Robert Dodd discussed the following topics: WellMed has been providing services for senior centers since 2014; and to consider expanding partnership agreements with other senior centers. Council Member Campos 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 Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 1 - Council Member Klein Abstained: 0 28. 24-2051 Ordinance disannexing approximately 129.44 acres of land in between Interstate Highway 37 and Industrial District No. 1; amending the boundaries of Industrial District No. 1 to include the disannexed area; and approving Industrial District Agreement with Flint Hills Resources Corpus Christi, LLC, Koch Refining Co LP, and Osage Power Inc requiring payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. Mayor Guajardo referred to Item 28. Council Members, City Manager Peter Zanoni, City Attorney Miles Risley, Assistant City Manager Heather Hurlbert, and Director of Planning & Community Development Dan McGinn discussed the following topic: the payment to the City is estimated at $45,000 annually based on a $7.6 million valuation. Council Member Pusley moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2 - Council Member Klein and Council Member Campos Abstained: 0 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:49 p.m. Executive Session Item 35 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:35 p.m. City of Corpus Christi Page 10 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 L. PUBLIC HEARINGS: (ITEM 29) 29. 24-1858 Zoning Case No. ZN8477, MPM Development LP (District 5). Ordinance rezoning a property at or near 6817 Brooke Road, from the "RM-2" Multifamily District to the "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) Mayor Guajardo referred to Item 29. A Council Member and Interim Director of Development Services Michael Dice discussed the following topic: this zoning will require a 6-foot masonry wall as a sound barrier. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 30 - 33) 30. 24-1916 Motion awarding a construction contract to Mako Contracting of Corpus Christi, Texas, for the construction of the North Beach canal project, the reconstruction of Beach Ave, Gulfspray Ave, the new Eco Park facilities and utility improvements, located in Council District 1, in an amount not to exceed $23,830,788.56 with FY 2025 funding from the Storm Water Capital Fund and the American Rescue Plan Grant fund with remaining amount subject to future appropriation for FY26 & FY27 (6 votes required) Mayor Guajardo referred to Item 30. Director of Engineering Services Jeff Edmonds stated the contract amount needs to be amended to $24,100,788.56. Council Members, City Manager Peter Zanoni, and Director of Engineering Services Jeff Edmonds discussed the following topics: this is a good news item in that drainage is the biggest issue on North Beach; the 1/8 cent sales tax can be used for phase 2 of this project; a concern that only one bid was received for this project; and City of Corpus Christi Page 11 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 this project includes underground drainage improvements. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Roy moved to amend the contract amount to $24,100,788.56, seconded by Council Member Hunter and passed unanimously. Council Member Roy moved to approve the motion as amended, seconded by Council Member Pusley. This Motion was passed as amended and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2024-188 31. 24-2029 Resolution authorizing a Chapter 380 Economic Development Agreement between the City of Corpus Christi, Texas and 2AVH Calallen, LP; which will provide for ad valorem and sales tax rebates not to exceed a total of $5,200,000.00 pursuant to Texas Local Government Code Section 380.001 et seq. Mayor Guajardo referred to Item 31. Director of Economic Development Arturo Marquez presented information on the following topics: project location; Calallen Town Center; proposed site plan; retail trade area information; 10-year economic impact summary; and estimated tax collections incentive payout. Council Members and Director Marquez discussed the following topics: no primary jobs will be created with this incentive; a concern about incentivizing retail and food services; the purpose of this incentive is to capture sales tax dollars in the City instead of it going to Portland; and the City is projected to generate $18.4 million from taxing entities over a 10 year period. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Roy moved to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 12 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Aye: 8 - Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: 033546 32. 24-1940 Motion authorizing a professional services contract with Hanson Professional Services of Corpus Christi, TX, in an amount not to exceed $1,181,870.00 for the design of North Padre Island's Michael J. Ellis Seawall Improvement project, located in District 4, with FY 2025 funding available from Tax Increment Reinvestment Zone #2 Fund. (6 votes required) Mayor Guajardo referred to Item 32. Council Members and Director of Engineering Services Jeff Edmonds discussed the following topics: a concern with the City adopting the seawall improvement project; and there has been considerable support from the community on this project. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Suckley moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 1 - Council Member Klein Abstained: 0 Enactment No: M2024-189 33. 24-2005 One reading Ordinance designating a certain geographic area in the City of Corpus Christi as "Project Financing Zone [Number One], City of Corpus Christi, Texas" and providing an expiration date for the Zone; making certain findings related thereto; directing that the Texas Comptroller of Public Accounts be notified of the Zone's creation within thirty (30) days of its designation; requesting that the Comptroller deposit incremental hotel -associated tax revenues from the Zone into a suspense account held in trust for the city's qualified project activities; providing for notification to the Comptroller in the event that qualified project activities are abandoned or not commenced within five years of the initial deposit to the suspense account; and containing other related matters. City of Corpus Christi Page 13 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 Mayor Guajardo referred to Item 33. Director of Economic Development Arturo Marquez presented information on the following topics: background; project financing zone; 3 mile radius; preliminary projections; and staffs recommendation. Council Members, Director Marquez, Assistant City Manager Heather Hurlbert, and Assistant Director of Economic Development Elsy Borgstedte discussed the following topic: a Council Member expressed concern about the three mile radius mandated by state law around the American Bank Center, since it encompasses the bay. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the ordinance, seconded by Council Member Roy. 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: 033547 N. EXECUTIVE SESSION: (ITEMS 34 - 35) Mayor Guajardo referred to Executive Session Items 34 and 35. The Council went into Executive Session at 1:49 p.m. The Council returned from Executive Session at 2:35 p.m. 34. 24-1957 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, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, City of Corpus Christi Page 14 Printed on 12/17/2024 City Council Meeting Minutes December 10, 2024 engineers, and other consultants involved in the aforementioned actions This E-Session Item was withdrawn. 35. 24-2033 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 personnel matters, the Americans with Disabilities Act, other federal employment laws and regulations, and Texas statutes. This E-Session Item was discussed in executive session. O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 3:53 p.m. City of Corpus Christi Page 15 Printed on 12/17/2024 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, December 10, 2024 11:05 AM To: Norma Duran Subject: [EXTERNAL]Public Input: City Council -12-10-2024 - John Weber Attachments: 6096595137214611535.pdf; 12.10.24 written.docx; Tampa_Bay_Desal_Actual_Cost_and_Production_2023_05_31.pdf; Tampa_Bay_Desal_Offline_2024_08_16.pdf; Tampa_Bay_Desal_Offline_2024_10_21.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 returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Public Comment & Input Form Date of 12-10-2024 Meeting Name John Weber Address Street Address: 609 Naples St City: Corpus Christi State / Province: Texas Postal / Zip Code: 78404 Please select the Board, Committee, or governing body that your comments are directed to: Are you a resident of Corpus Christi? City Council Yes i What district do you reside in? District 2 Topic Breaking decorum and misleading statements Agenda Item Public comment Number Describe Feedback: Please see attached 4 documents. Thank you. Uploads: 12.10.24 written.docx Tampa Bay Desal Actual Cost and Production 2023 05 31.pdf Tampa Bay Desal Offline 2024 08 16.pdf Tampa Bay Desal Offline 2024 10 21.pdf Provide an email to receive a js_weber@hotmail.com copy of your submission. 2 During the public comment period at the December 3rd meeting, Council member Pusley violated the rules of decorum for the open meeting. He responded to a public comment, not with a statement of fact but with hyperbole. Will the rest of the Council be taking any action regarding this violation? Or, will the Council continue to let slide violations by Council member Pusley? The audio I played at the last meeting included a misleading statement regarding water movement of the Inner Harbor as compared to the outfall of the Tampa Bay Desalination Plant. He failed to mention the Tampa Bay Desalination Plant blends the brine discharge with up to 1.4 billion gallons of water a day. According to the City's Technical Memorandum, the Inner Harbor Desalination Plant will use jet diffusers instead of blended water. The flows from industrial and waste water plants into the Inner Harbor are approximately 40 MGD. 40 MGD is a small fraction of 1,400 MGD. See the 3 additional attachments for references from my December 3rd presentation as well as the below. https://www.tampabaywater.org/tampa-bay-seawater-desalination At full capacity, the RO process leaves about 19 mgd of twice -as -salty seawater behind which is returned to Big Bend's cooling water stream and blended with up to 1.4 billion gallons of cooling water, achieving a blending ratio of up to 70-to-1. At this point before entering and mixing with any bay water, the salinity is already only 1.0 to 1.5 percent higher, on average, than water from Tampa Bay. This slight increase falls within Tampa Bay s normal, seasonal fluctuations in salinity. The cooling water mixture moves through a discharge canal, blending with more seawater, diluting the discharge even further. By the time the discharged water reaches Tampa Bay, its salinity is nearly the same as the Bays. And, the large volume of water that naturally flows in and out of Tampa Bay near Big Bend provides more dilution, preventing any long-term build-up of salinity in the bay. Tampa Bay Waters comprehensive hydrobiological monitoring program collects thousands of samples including continuous salinity measurements every 15 minutes near the desalination facility. This and other water quality monitoring since 2003 shows no measurable salinity changes in Tampa Bay related to plant production. Studies Several studies were conducted prior to building the desalination plant. These studies included: • Cumulative Impact Analysis for Master Water Plan projects (including desalination at 50 mgd) • U.S. Geological Survey of the Big Bend Power Station area • Independent studies were conducted using a pilot plant by: o Mote Marine Laboratory O Danish Hydraulic Institute O University of South Florida (USF) U Savannah Laboratory/STL Precision O Marinco Laboratory O Hillsborough County Safeguards The desalination plant has monitoring and alarm systems to track the salinity of the source water, desalinated drinking water and concentrated seawater discharged back into Tampa Bay. Measurements are taken in several areas before, within and after the plant. Operators continuously monitor the blending ratio of the seawater being returned to the Bay to ensure compliance with environmental permits. The plants alarm system will warn plant operators to check or adjust the system. The monitoring system will also automatically shut down affected areas of the facility if monitored levels exceed predetermined parameters. It sounds like much research was done at a pilot plant. Speaking of, I haven't heard how our pilot plant is doing or which independent organizations will be doing the studies. Inner Harbor Seawater Desalination Plant Timeline Delivery Team Selected r' Preliminary Services Permits Received Feb 2024 Guaranteed Maximum Price (GMP) 100% Design Final Design & Construction Substantial Completion r I u�dl Acceptance r -2028 1 5 It would also be nice to know where the monitors will be located and for the community to have assurances areas of the plant will be shut down if monitored levels exceed predetermined parameters. It would be nice to know what those parameters will be. I imagine this will all be covered and all questions will be answered at the public Town Hall meeting regarding the Inner Harbor Desalination Plant. The citizens are still waiting for the June 12th Town Hall to be rescheduled. We know the water department spent a lot of time preparing for it. { Corpus Christi Water ? 0, Posts About More w Corpus Christi Water 3t1•0 UPDATE: Event cancelled. Corpus Christi Water will host a community information session on the City's Inner Harbor Seawater Desalination Treatment Plant. Topics include environmental impact, permitting process, project procurement, water resources, and drought management. See details below. We hope to see you there! COMMUNITY INFORMATION SESSION .•7' e.OD Rm '.;o u 4 e 0 970 29 comments 2 shares Government & Regulations Keeping the Apollo Beach desalination plant open will cost over $Soots across 20 years Desalination, especially as it becomes more efficient, is one possible answer to drinking water problems across the world. DIANE DIEDERICH By Henry Queen - Reporter, Tampa Bay Business Journal May 31, 2023 0 Listen to this article 5 min Tampa Bay Water's board of directors must decide if the utility will continue outsourcing the operations of its desalination plant or bring it in-house. The current operating agreement — a joint venture between American Water and Acciona Agua — ends in November 2024. Maitland -based Raftelis presented a report to the board earlier this month outlining the implications of each scenario. Both options will cost over half a billion dollars from 2025 through 2044. Estimates considered expected capital and operating expenses and ranged from roughly $512 million to $528 million. The desalination plant, located in Apollo Beach, is one of the largest such facilities in the country. "There's other factors besides costs of course," Tampa Bay Water General Manager Charles Carden said. "The contract does expire at the end of 2024. We have to address that, and that's why we're out in front of it pretty early. ... There's also a third option on the table where we extend the contract a very short period, maybe five years, to buy us some time." Time may be needed to address the plant's water supply. Tampa Bay Water currently receives its water from Tampa Electric Co?s Big Bend Power Plant, which uses a significant amount of seawater to cool its coal turbines. But TECO plans to phase out coal by 2040, and the share of electricity currently generated by coal has already been reduced to about 5% after the recent completion of its modernization project. Big Bend Station near Apollo Beach TECO Other electricity generation methods are less water intensive. New incentives from the federal government may accelerate the trend, according to Raftelis' report. "This change could pose several risks to plant operations that are beyond the control of Tampa Bay Water and must be carefully considered before deciding on the best operating model for the [desalination] facility in the future," the report said. Tampa Bay Water and TECO are in contact about the situation, Carden said. Other options include using brackish water, reclaimed water or taking saltwater directly from the bay or ocean. Establishing a supply from the Gulf of Mexico would require a miles -long pipe — an expensive endeavor. It costs about $5 per thousand gallons to make saltwater drinkable using reverse osmosis, Carden said. Groundwater treatment costs are about $1-$2 per thousand gallons, and surface water amounts to about $2-$3. Tampa Bay's desalination plant opened in 2007. TAMPA BAY WATER Tampa Bay Water, which supplies water to six member governments across the region, has historically relied primarily on groundwater but diversified over time to address water supply issues. The desalination plant opened in 2007 at a cost of $158 million. American Water and Acciona Agua were brought on in 2004 with a 20-year contract after several bankruptcies and months of litigation with another company. American Water now wants out, as it recently exited its non -regulated contract operations business. Acciona Agua is looking for a replacement to enter into a new joint venture. The companies currently combine for 23 full-time employees at the Apollo Beach plant. Approximately 10% of the region's water needs can be produced by the desalination plant's capacity of 25 million gallons per day. However, between 2019 and 2021, it averaged under 7 million gallons per day. An approximately $350 million plant expansion is being considered as part of a long-term water supply plan, although it was rejected in 2022. The board will see a shortlist of new water supply projects in August, with a vote expected in November. 11/16/24, 12:59 PM Tampa Bay Seawater Desalination facility construction begins - Tampa Bay Business Journal < CRANE WATCH Energy Construction underway at Tampa Bay Seawater Desalination facility Tampa Bay Seawater Desalination Plant TAMPA BAY WATER By Breanne Williams - Reporter, Tampa Bay Business Journal Aug 16, 2024 p► Listen to this article 5 min https://www.bizjournals.com/tampabay/news/2024/08/16/construction-underway-at-tamps-desalination-plant.html 1/4 11/16/24, 12:59 PM Tampa Bay Seawater Desalination facility construction begins - Tampa Bay Business Journal Construction is underway at the Tampa Bay Seawater Desalination Plant, which abruptly closed in November 2023 after the rack framework supporting the reverse osmosis pressure vessels failed. A pressure vessel fell from the framework onto the communications equipment box located next to the rack, causing a plant shutdown. The racks and the support structures had "experienced corrosion due to the seawater and salt air," according to Tampa Bay Water. The TBW board of directors will be discussing the status of the project on Aug. 19. The Seawater desalination plant is co -located with the Big Bend Power Plant in Apollo Beach. Since late 2007, the plant has produced more than 33.4 billion gallons of drinking water. The plant is owned by TBW and is operated by Acciona Agua and its partner U.S. Water. Typically, the equipment will last 20 to 25 years in a saltwater facility and was nearing the end of its lifespan when the failure occurred. In May 2023, the board approved a two- phase repair project in anticipation of the equipment's end of durability. Phase 1 was completed in September 2023 and included the installation of a temporary shoring system to strengthen the racks and support structures. Phase 2, with a $15.6 million budget, was expected to start in October 2024 and take 18 months. However, due to the equipment failure, the time frame was moved up. Repairs began in January to remove the racks and reinstall new ones. Repairs to the trench area beneath the racks are occurring simultaneously with the racks' installation. https://www.bizjournals.com/tampabay/news/2024/08/16/construction-underway-at-tamps-desalination-plant.html 2/4 11/16/24, 12:59 PM Tampa Bay Seawater Desalination facility construction begins - Tampa Bay Business Journal The facility closed in November and is currently undergoing repairs. TAMPA BAY WATER The goal is to have 12 million gallons per day back online by October and to have 16 million gallons per day back online by December. An expansion of the plant is being considered as part of TBW's long-term master water plan feasibility studies. The master plan is part of TBW's analysis of how to best meet the region's growing water needs by 2033. Staff will recommend a configuration of projects to the board for consideration at the end of 2027, according to Brandon Moore, a spokesman for TBW. The desalination plant provides up to 10% of the region's water supply. Groundwater supplies roughly 55%, and river water supplies roughly 35%. Though desalination doesn't make up a significant percentage of the water supply, it is droughtproof, and having a diversified system means that TBW can rotate sources for environmental or budgetary reasons. https://www.bizjournals.com/tampabay/news/2024/08/16/construction-underway-at-tamps-desalination-plant.html 3/4 11/16/24, 12:59 PM Tampa Bay Seawater Desalination facility construction begins - Tampa Bay Business Journal Ij New Port Richey Tarpon Springs Palm Harbor Dunedin Clearwater Largo Pinellas Park St. Petersburg Wesley Chapel Lutz Temple Terrace _r Tampa'13randon Riverview Lithla - Ruskin' (14 Bradenton . k Longboat Key Lakewood Sarasota 11 Siesta,Kev Myakka City Daven I iaines C Lakeland • • Pliant City ___Minterillaven \ a -7 • Bartow t:111.1 Fort Meade Bowling Green Wauehula .Zolio Springs Lako Fr 6 https://www.bizjournals.com/tampabay/news/2024/08/16/construction-underway-at-tampa-desalination-plant.html 4/4 FOR THE EXCLUSIVE USE OF From the Tampa Bay Business Journal: https://www.bizjournals.com/tam pabay/news/2024/10/21/hurricanes-tampa- bay-seawater-desalination.html SUBSCRIBER CONTENT: < HURRICANE SEASON Energy Hurricanes delay construction at Tampa Bay Seawater Desalination facility Imaae: Tampa Bsy taster Tampa Bay Seawater Desalination Facility TAMPA BAY WATER aBy Breanne Williams - Reporter, Tampa Bay Business Journal #3' Oct 21, 2024 0 Listen to this article 3 min Construction at the Tampa Bay Seawater Desalination facility has been delayed following the back-to-back arrival of hurricanes Helene and Milton. The plant is co -located with the Big Bend Power Plant in Apollo Beach and provides up to 10% of the region's water supply. In November 2023, the plant abruptly closed after the rack framework supporting the osmosis pressure valves failed. According to Tampa Bay Water, the equipment experienced corrosion due to seawater and salt air. A two-phase repair project was approved in May 2023, with phase one completed in September 2023. Phase two was set to begin in October but was moved up once the equipment failed. The repairs were still ongoing when hurricanes Helene and Milton hit. TECO's Big Bend Power Plant — which sends water to the desalination plant — is not yet fully operational, leading to startup delays. The plant is in Evacuation Zone A and is frequently closed during major storm events. It closed during Hurricane Helene through the traditional response. According to TBW, during Helene, the site was cleaned up and construction materials were secured. Following the storm, the site was reopened and construction resumed. It closed again during Hurricane Milton and there appears to be minor roof damage, though a full assessment will be completed Oct. 22. The initial goal was to have 12 million gallons per day back online by October and 20 million gallons per day back online by December. However, with the Big Bend Plant not yet fully operational, the startup of the newly replaced membrane racks will more than likely be delayed for several weeks, according to TBW. The site could begin operating as early as Oct. 28, but it could take until mid - November to start producing water. All five racks are expected to be replaced and up and running by the end of 2024. Despite the initial startup delays, the overall project is still relatively on schedule, and the December goal of 20 million gallons per day remains. That equates to having three racks online by October to November and five racks operational by December. Each rack can handle up to 4 million gallons of water per day. TBW will soon undergo a damage assessment report on all its facilities and examine what improvements could be made before the next storm season. City of Corpus Christi Meeting Minutes Special City Council Meeting 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Monday, December 23, 2024 10:00 AM City Council Chambers A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 10:02 a.m. B. City Secretary Rebecca 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: 6 - Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Everett Roy,Mayor Paulette Guajardo,Council Member Dan Suckley, and Council Member Sylvia Campos Absent: 3 - Council Member Michael Hunter, Council Member Jim Klein, and Council Member Mike Pusley C. PUBLIC COMMENT Mayor Guajardo opened public comment. John Weber, Corpus Christi, spoke about the drought contingency plan. Rachel Caballero, Corpus Christi, spoke against desalination and about the drought contingency plan. D. Action Item 1. 24-2052 One -reading ordinance canvassing returns and declaring the results of the Runoff Election held on December 14, 2024 in the City of Corpus Christi for the purpose of electing the Mayor and Council Members for District land District 4. Mayor Guajardo refered to item 1. There was no discussion on the item. Council Member Barrera moved to approve the ordinance, seconded by Council Member Suckley. This ordinance was passed on emergency with the following vote: City of Corpus Christi Page 1 Printed on 1/9/2025 Special City Council Meeting Meeting Minutes December 23, 2024 Aye: 6 - Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Everett Roy,Mayor Paulette Guajardo,Council Member Dan Suckley, and Council Member Sylvia Campos Absent: 3 - Council Member Michael Hunter,Council Member Jim Klein, and Council Member Mike Pusley Abstained: 0 Enactment No: 033548 E. Adjournment There being no further business, Mayor Guajardo adjourned this meeting at 10:12 a.m. City of Corpus Christi Page 2 Printed on 1/9/2025 City of Corpus Christi Meeting Minutes Special City Council Meeting 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 7, 2025 10:00 AM City Council Chambers A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 10:02 a.m. B. City Secretary Rebecca 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: 7 - Council Member Roland Barrera, Council Member Gil Hernandez, Council Member Everett Roy, Council Member Sylvia Campos, Mayor Paulette Guajardo, Council Member Dan Suckley, and Council Member Jim Klein Absent: 1 - Council Member Michael Hunter C. PUBLIC COMMENT Mayor Guajardo opened public comment. There were no comments from the public. D. Action Item: 1. 24-2094 One -reading Ordinance to review Recount results for purposes of electing District 1 Council Member; canvassing the recounted votes; casting lots to resolve a tie pursuant to Texas Election Code Sec. 2.028; and declaring person elected to the Council Member for District 1. Mayor Guajardo referred to Item 1. Mayor Guajardo presided over casting of lots to resolve a tie for District 1 Council Member. Everett Roy was declared the District 1 Council Member. Council Member Barrera moved to amend the ordinance, seconded by Council Member Suckley and passed unanimously. Council Member Barrera moved to approve the ordinance as amended, seconded by Council Member Suckley. This Ordinance was passed on emergency as amended and approved with the following vote: City of Corpus Christi Page 1 Printed on 1/8/2025 Special City Council Meeting Meeting Minutes January 7, 2025 Aye: 7 - Council Member Roland Barrera, Council Member Gil Hernandez, Council Member Everett Roy, Council Member Sylvia Campos, Mayor Paulette Guajardo, Council Member Dan Suckley, and Council Member Jim Klein Absent: 1 - Council Member Michael Hunter Abstained: 0 Enactment No: 033549 E. Adjournment There being no further business, Mayor Guajardo adjourned this meeting at 10:10 a.m. City of Corpus Christi Page 2 Printed on 1/8/2025 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 10, 2024 Second Reading for the City Council Meeting of January 14, 2025 DATE: TO: December 5, 2024 Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development DanielMc@cctexas.com (361) 826-7011 Disannexation and Amendment to Industrial District #1 Boundaries CAPTION: Ordinance disannexing approximately 129.44 acres of land in between Interstate Highway 37 and Industrial District No. 1; amending the boundaries of Industrial District No. 1 to include the disannexed area; and approving Industrial District Agreement with Flint Hills Resources Corpus Christi, LLC, Koch Refining Co LP, and Osage Power Inc requiring payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. SUMMARY: This ordinance authorizes the disannexation of 129.44 acres of land owned by Flint Hills Resources Corpus Christi, LLC, ("Flint Hills") and located between Interstate Highway 37 and Industrial District No. 1 from the City's boundaries and amends the boundaries of Industrial District #1 by incorporating the disannexed land so that Flint Hills can execute an Industrial District Agreement. BACKGROUND AND FINDINGS: Flint Hills Resources Corpus Christi, LLC, has requested that the City add approximately 129.44 acres of their land to Industrial District No. 1 and is agreeable to an Industrial District Agreement with 100% Payment in Lieu of Taxes (PILOT) and setback requirements for hydrocarbon improvements along the IH-37 corridor. Flint Hills Resources Corpus Christi, LLC, owns the majority of the 129.44 acres of land. Affiliated companies Koch Refining Co LP owns NCAD Property ID 187161 (1.57 acres) and Osage Power Inc owns NCAD Property ID 317162 (0.33 acres). Prior to 2013, the Master IDA included a "contiguous property" clause, which created an avenue to allow contiguous property to be treated as though the property was in the Industrial District. In September 2013, the City Council approved a Master IDA with modifications to key financial provisions, including the removal of a clause regarding the treatment of "contiguous property" in the City limits. Another key provision in the current Master IDA is the Most Favored Nations clause, which states the City cannot offer any more favorable treatment to one landowner in the Industrial District. Flint Hills has agreed to a 100% PILOT. Flint Hills - Requested Dis-Annexation Tracts #1a 2,NCu_., 7r ::'.?. t�1 #14 SC k Mh 1 1 1 T :I.i.c,L• R:•Lwdee, h:a•lb M.i]cn 407 Ades I xn3 C31:IIf.?.7r.. G. r'. ri .4u J .er swa wle» del: ;. 3.. :.war -..r. itee t �. �o.n�kcei.;.w wr i i al.. re ALTERNATIVES: Deny Flint Hills' request to disannex. FISCAL IMPACT: There is no budgetary impact as Flint Hills will pay a fee in lieu of property taxes equal to the amount of taxes required if the property is inside city limits. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the disannexation and amendment of Industrial District #1 Boundaries. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance disannexing approximately 129.44 acres of land in between Interstate Highway 37 and Industrial District No. 1; amending the boundaries of Industrial District No. 1 to include the disannexed area; and approving Industrial District Agreement with Flint Hills Resources Corpus Christi, LLC, Koch Refining Co LP, and Osage Power Inc requiring payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the Governing body of any city has the right, power, and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the " City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1; and WHEREAS, the City of Corpus Christi has enacted Ordinance No. 029958, approved September 17, 2013, as amended, which reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" and WHEREAS, the City of Corpus Christi has enacted Ordinance No. 033448, approved September 30, 2024, reestablishing the boundaries of the land areas known as "Industrial District No. 1 and WHEREAS, Flint Hills Resources Corpus Christi, LLC, Koch Refining Co LP, and Osage Power Inc owns 129.44 acres of land that is currently within the City limit boundary and wishes to have the entire parcel added to an Industrial District Agreement ("IDA"); and WHEREAS, in order to add the specified land owned by Flint Hills to Industrial District No. 1, the City must disannex the 129.44 acres of land that is within the City limits from the City boundaries, as authorized by Texas Local Government Code Section 43.142 and Article 1, Section 2 of the City Charter, and adjust the boundaries of Industrial District No. 1 to include that land; and WHEREAS, Flint Hills has agreed to enter into an IDA that will commit to making payment in lieu of tax payments in the amount of 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries, and the City Council has determined that this arrangement would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Approximately 129.44 acres of land, as depicted in Exhibit 1 and described in Exhibit 2 attached hereto, excluding City streets and right of way, is disannexed from the city limits of the City of Corpus Christi, Texas, pursuant to and in accordance with provisions and procedures of Texas Local Government Code Chapter 43 and City Charter Article 1. Adjacent city streets and public rights -of -way are not subject to disannexation and remain in the city limits. Adjacent city streets and public rights -of -way include portions of Up River Road, Suntide Road, Tuloso Road, and N Clarkwood Road. SECTION 3. The official map and boundaries of the City of Corpus Christi, Texas, are adjusted to exclude that property comprising the above -referenced tracts of land. SECTION 4. The City Council designates the approximately 129.44 acres of land disannexed, as depicted in Exhibit 1 and described in Exhibit 2 attached hereto, an industrial district. SECTION 4. Ordinance 033448 is amended to add the property as depicted in Exhibit 1 and described in Exhibit 2 attached hereto to the boundaries of Industrial District No. 1 SECTION 5. The City Council approves and authorizes the City to enter into an Industrial District Agreement with property owners of said disannexed land, which requires property owners to make payment in lieu of tax payments in the amount of 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries, and to file such agreement in the official records of Nueces County. Said Industrial District Agreement is attached in substantial form as Exhibit 3. The City Manager or designee is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. SECTION 6. If Section 4, Section 5, or the attached Industrial District Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, then this ordinance shall be void and no longer in effect. If any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 7. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 8. This ordinance is effective upon passage on the second reading. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 202_. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary EXHIBIT 1 Morrow Dr Huntington 0 Paula Dr u Srafe sp 4p' N A Tract #14 Tract R12 T Flint Hills - Requested Dis-Annexation Tracts Traacct#10 uyal, Tract 11 Snow %bora,.Or an Legend Tracts #1-15' City Limits -After Dis-Annexation 3 Industrial District #1 Nueces County Note. Spatial depictions of Tracts #1-15 are based upon 2020 NCAD Parcel bounds NOT provided Metes and Bounds. Tract #5 Tract #6 Transportation Network ,Tract #2 Douglas Dr Interstate US Highway State Highway County Road Local Road Tract #1 trrtrrrr��� EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 1 8.173 ACRE TRACT Being 8.173 acres of land, more or less, being all of Lot 1 Block 1 of Hunter Industrial Park recorded in Volume 43, Page 128, Map Records Nueces County, Texas, and said 8.173 acre tract being more particularly described by metes and bounds as follows; Beginning at the northeast corner of this tract and said Lot 1, said corner being on the south right of way line of Up River Road; Thence S 00-28-34 E with the east boundary line of this tract and said Lot 1, 953.74 feet, to the southeast corner of this tract and said Lot 1, said corner being on the north right of way line of Interstate Highway 37; Thence N 64-47-27 W with the south boundary line of this tract and said Lot 1, the same being the north right of way line of Interstate Highway 37, 389.39 feet, to a corner of this tract and said Lot 1; Thence N 20-24-32 W and continuing with the north right of way line of Interstate Highway 37, 114.02 feet, to a corner of this tract and said corner being at the intersection with the east right of way line of Suntide Road; Thence N 00-48-20 E with the west boundary line of this tract and said Lot 1, the same being the east right of way line of Suntide Road, 789.66 feet, to a corner of this tract and said Lot 1; Thence N 56-16-38 E 45.35 feet, to a corner of this tract and Said Lot 1 being on the south right of way line of Up River Road; Thence S 68-15-14 E with the north boundary line of this tract and said Lot 1, the same being the south right of way line of Up River Road, 361.01 feet, to the POINT OF BEGINNING and containing 8.173 acres of land, more or less. Notes: 1. Bearings based on Plat recorded in Volume 43, Page 128, Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 EXHIBIT 2 DEVELOPMENT, LLC ENGINEERING' DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241.2777 • Fax: (361) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 2 5.962 ACRE TRACT Being 5.962 acres of land, more or less, being all of 5.962 acres recorded in Document #2010040428, Page 116, Official Public Records Nueces County, Texas, and this 5.962 acre tract being more particularly described by metes and bounds as follows; Beginning at the upper northwest corner of this tract, said corner being on the south right of way line of Up River Road; Thence S 66-54-59 E with the north boundary line of this tract and said 5.962 acre tract, same being the south right of way line of Up River Road, 474.01 feet, to the upper northeast corner of this tract and said 5.962 acre tract; Thence S 26-27-56 E with the right of way cutback, 72.53 feet, to the lower northeast corner of this tract and said 5.962 acre tract, said corner being on the west right of way line of Suntide Road; Thence S 00-49-56 W with the east boundary line of this tract and said 5.962 acre tract, the same being the west right of way line of Suntide Road, 483.74 feet, to the southeast corner of this tract; Thence N 72-47-33 W with the south boundary line of this tract and said 5.962 acre tract, 468.42 feet, to the lower southwest corner of this tract; Thence N 08-11-44 W with the west line of this tract, and of said 5.962 acre tract, 57.58 feet, to the upper southwest corner of this tract; Thence N 00-36-21 W with the west boundary line of this tract, 538.93 feet, to the POINT OF BEGINNING and containing 5.962 acres of land, more or less. In addition, the entire right of way of Up River Road described as follows: Beginning at the northwest corner of Area 2 described above for the southwest corner of this tract, thence N 23-05-01 E and crossing Up River Road to the north right of way of Up River Road for the northwest corner of this tract, said corner being on the south boundary of Westend Heights Subdivision recorded in Volume 15, Page 4, Map Records of Nueces County, Texas; Thence S 00-49-56 W and crossing Up River Road to a corner of the above described Area 2; Thence N 26-27-56 W with the south right of way cut -back line of Up River Road, 72.53 feet, to a corner; Thence N 66-54-59 W with the south right of way line of Up River Road, 474.01 feet, to the point of beginning. Notes: 1. Bearings based on Document #2010040428, Offical Public Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 05/20/2021 Rev. 11/30/2021 Rev. 1/6/2022 EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 3 13.94 ACRE TRACT Being 13.94 acres of land, more or less, being all of Westend Heights Subdivision recorded in Volume 15, Page 4 Map Records Nueces County, Texas, and said 13.94 acre tract being more particularly described by metes and bounds as follows; Beginning at the northeast corner of this tract, said corner being the northeast corner of Lot 2, Block 2 of said subdivision and being on the west right of way line of Suntide Road; Thence S 00-25-00 E with the east boundary line of this tract and said subdivision and said west right of way line of Suntide Road, 1185.72 feet, to the southeast corner of this tract, said corner being the southeast corner of Retail Lot A, Block 1 of said subdivision and also being the intersection of the west right of way line of Suntide Road with the north right of way line of Up River Road; Thence N 66-15-00 W with the south boundary line of this tract and said subdivision, the same being the north right of way line of Up River Road, 629.72 feet, to the southwest corner of this tract and Retail Lot A Block 2 of said subdivision; Thence N 00-25-00 W with the west boundary line of this tract and said subdivision, 927.92 feet, to the northwest corner of this tract and Lot 6, Block 2 of said subdivision; Thence N 89-35-00 E with the north boundary line of this tract and said subdivision, 574.53 feet, to the POINT OF BEGINNING and containing 13.94 acres of land, more or less. Notes: 1. Bearings based on Plat recorded in Volume 15, Page 4, Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT, LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 EXHIBIT 2 UOVIND LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 5 2.37 ACRE TRACT Being 2.37 acres of land, more or less, being all of Business Block and Lots 1 thru 5, Tuloso Road Subdivision recorded in Volume 13, Page 23, Map Records Nueces County, Texas, and this 2.37 acre tract being more particularly described by metes and bounds as follows; Beginning at the northeast corner of this tract and said Business Block, said corner being on the south right of way line of Up River Road and also being the northeast corner of said subdivision; Thence South with the east boundary line of this tract and said subdivision, 430.01 feet, to the southeast corner of this tract and Lot 5, the same being the northeast corner of lot 6 of said subdivision; Thence West with the south boundary line of this tract and Lot5, the same being the north boundary line of said Lot 6, 216.50 feet, to the southwest corner of this tract and said Lot 5, the same being the northwest corner of Lot 6 and said corner being on the east right of way line of Tuloso Road; Thence North with the west boundary line of this tract and said subdivision, the same being the east right of line of Tuloso Road, 525.20 feet, to the northwest corner of this tract and said Business Block, said corner being the intersection of the east right of way line of Tuloso Road and the south right of way line of Up River Road; Thence S 66-16-00 E, with the north boundary line of this tract and said subdivision, the same being the south right of way line of Up River Road, 236.50 feet, to the POINT OF BEGINNING and containing 2.37 acres of land, more or less. In addition, the entire width of right of way of Tuloso Road and Up River Road described as follows: Beginning at the interior corner of this tract, said corner being the northwest corner of the above described Area 5 and being the intersection of the south right of way line of Up River Road with the east right of way line of Tuloso Road; Thence South with the east right of way of Tuloso Road, 525.20 feet, to the southmost southeast corner of this tract; Thence West and crossing Tuloso Road to the west right of way line of Tuloso Road for the southwest corner of this tract; Thence North with the west right of way line of Tuloso Road, at approximately 525 feet pass the intersection of the west right of way line of Tuloso Road with the south right of way line with Up River Road and continue to the north right of way line of Up River Road; Thence S 66-16-00 E with the north right of way of Up River Road to the northeast corner of this tract being perpendicular to the northeast corner of the above described Area 5; Thence S 23-44-00 W with the east boundary of this tract and crossing Up River Road to the northmost southeast corner of this tract, said comer being on the south right of way line of Up River Road; Thence N 66-16-00 W with a south boundary of this tract, same being the south right of way line of Up River Road, 236.50 feet, to the point of beginning. Notes: 1. Bearings based on Plat recorded in Volume 13, Page 23, Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 Rev. 1/6/2022 EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St, Corpus Christi, TX 78409 www.govintidevelopment.com 0111ce: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 6 1.826 ACRE TRACT Being 1.826 acres of land, more or less, being all of Lots 7 thru 10 and portions of Lots 11 thru 13, of Tuloso Road Subdivision recorded in Volume 13, Page 23, Map Records Nueces County, Texas, and this 1.826 acre tract being more particularly described by metes and bounds as follows; Beginning at the northwest corner of this tract and said Lot 7, the same being the southwest corner of Lot 6 and said corner being on the east right of way line of Tuloso Road; Thence East with the north boundary line of this tract and said Lot 7, 216.50 feet, to the northeast corner of this tract and said Lot 7, the same being the southeast corner of Lot 6 of said subdivision; Thence South with the east boundary line of this tract and said subdivision, 424.00 feet, to the southeast corner of this tract, said corner being on the north right of way line of Interstate Highway 37 and the east line of Lot 13; Thence N 62-56-39 W with the southwest boundary line of this tract, the same being the northeast right of way line of Interstate Highway 37, 206.63 feet, to a corner of this tract, said corner being on the north boundary line of Lot 12, the same being the south boundary of Lot 11; Thence N 42-51-41 W with the southwest boundary line of this tract, the same being the northeast right of way line of Interstate Highway 37, 47.75 feet, to a corner of this tract, said corner being the intersection of the north right of way line of Interstate Highway 37 with the east right of way line of Tuloso Road and the west boundary of Lot 11; Thence North with the west boundary line of this tract and said Lot 11, the same being the east right of way line of Tuloso Road, 295.00 feet, to the POINT OF BEGINNING and containing 1.826 acres of land, more or less. Notes: 1. Bearings based on Plat recorded in Volume 13, Page 23 Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 EXHIBIT 2 OINNI1 DEVELOPMENT, LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Oilice: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF REVISED AREA 7 10.174 ACRE TRACT Being 10.174 acres of land, more or less, being out of 14.97 acres recorded in Volume 2219, Page 354, Official Public Records Nueces County, Texas, and out of 2.24 acres recorded in Volume 2209, Page 626, Official Public Records Nueces County, Texas, and this 10.174 acre tract being more particularly described by metes and bounds as follows; Beginning at the southwest corner of this tract and said 14.97 acre tract, said corner being on the north right of way line of Interstate Highway 37; Thence N 00-41-00 E with the west boundary of this tract and said 14.97 acre tract, 535.62 feet, to a corner of this tract and said 14.97 acre tract; Thence N 00-34-10 W and continuing with the west boundary of this tract, 10.54 feet, to the lower northwest corner of this tract and said 14.97 acre tract; Thence S 66-16-00 E with a north boundary of this tract and said 14.97 acre tract, 519.39 feet, to an inside corner of this tract and said 14.97 acre tract; Thence N 00-04-00 W with a west boundary of this tract and said 14.97 acre tract, 494.58 feet, to the northwest corner of this tract and said 14.97 acre tract, said corner being on the south right of way line of Up River Road; Thence S 66-16-00 E with the upper north boundary of this tract and said 14.97 acre tract, the same being the south right of way line of Up River Road, at 60.00 feet pass the northeast corner of said 14.97 acre tract, the same being the northwest corner of the aforementioned 2.24 acre tract, in all 177.19 feet, to the upper northeast corner of this tract; Thence S 00-33-40 E with the upper east boundary of this tract, 491.70 feet, to an inside corner of this tract; Thence S 67-28-19 E with the lower north boundary line of this tract, 73.46 feet, to the lower northeast corner of this tract, same being the southeast corner of said 2.24 acre tract; Thence S 00-00-20 E with the lower east boundary of this tract, 473.47 feet, to the southeast corner of this tract, said corner being on the south boundary of said 14.97 acre tract, the same being the north right of way line of IH 37; Thence N 71-53-35 W with the south boundary of this tract and said 14.97 acre tract, the same being the north right of way line of IH 37, 670.12 feet, to a corner of this tract and said 14.97 acre tract; Thence N 72-40-54 W and continuing with the south boundary of this tract and said 14.97 acre tract, the same being the north right of way line of said IH 37, 82.92 feet, to the point of beginning and containing 10.174 acres of land, more or less. Notes: 1. Bearings based on Volume 2219, Page 354 and Volume 2209, Page 626, Official Public Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 Rev. 06/27/2022 GEORGE RUBALCABA EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St, Corpus Christi, TX 78409 www.govintidevelopment.com 0111ce: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 8 5.884 ACRE TRACT Being 5.884 acres of land, more or less, being all of 5.884 acres recorded in Document #2002001602 Official Public Records, Nueces County, Texas, and this 5.884 acre tract being more particularly described by metes and bounds as follows; Beginning at the southeast corner of this tract, said corner being on the north right of way line of Interstate Highway 37 and being northeast corner of parcel obtained for right of way in deed recorded in Volume 1038, Page 128, D.R.N.C.T.; Thence N 68-02-31 W with the south boundary line of this tract, the same being the north right of way line of Interstate Highway 37, 254.29 feet, to the southwest corner of this tract; Thence N 02-15-31 W with the west boundary line of this tract, 1033.88 feet, to the northwest corner of this tract, said corner being on the south right of way line of Up River Road; Thence S 69-06-07 E with the north boundary line of this tract, the same being the south right of line of Up River Road, 285.61 feet, to the northeast corner of this tract; Thence S 00-32-43E with the east boundary line of this tract, 1026.33 feet, to the POINT OF BEGINNING and containing 5.884 acres of land, more or less and being out of the 6.4 acre tract described as Tract 10B in Amending City Ordinance No. 16702, passed and approved by City Council on November 18, 1981. Notes: 1. Bearings based on Plat recorded in Document #2002001602 Deed Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOV1ND DEVELOPMENT, LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 EXHIBIT 2 UOVIND LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 9 18.945 ACRE TRACT Being 18.945 acres of land, more or less, being all of 2.045 acres recorded in Volume 804, Page 380, Deed Records Nueces County, Texas, and all of Lot 1, Sizemore Industrial Subdivision Unit 2 recorded in Volume 46, Page 46, Map Records Nueces County, Texas and Lots 5-8, and 10-15 Block 1, Sizemore Industrial Subdivision Unit 2, recorded in Volume 46, Pages 143, Map Records Nueces County, Texas, and this 18.945 acre tract being more particularly described by metes and bounds as follows; Beginning at the northwest corner of this tract and said 2.045 acre tract, said corner being at the intersection of the east right of way line of Clarkwood Road and the south right of way line of Up River Road; Thence S 64-04-58 E with the north boundary line of this tract and said 2.045 acre tract, the same being the south right of way line of Up River Road, 327.36 feet, to a corner of this tract, the same being the northeast corner of said 2.045 acre tract and the upper northwest corner of said Lot 1; Thence S 63-03-20 E with the north boundary line of this tract and said Lot 1, same being the south right of way line of Up River Road, 278.10 feet, to a corner of this tract, the same being the northeast corner of said Lot 1 and the northwest corner of said Lot 5; Thence S 66-44-00 E with the north boundary line of this tract and said subdivision recorded Volume 46, Page 143, M.R.N.C.T, same being the south right of way line of Up River Road, 388.79 feet, to the northeast corner of this tract and said Lot 8; Thence S 00-26-09 E with the east boundary line of this tract and said Lot 8, 496.02 feet, to a corner of this tract, the same being the southeast corner of Lot 8; Thence N 64-59-10 W with the south boundary line of Lot 8, 24.71 feet, to a corner of this tract, the same being the northeast comer of said Lot 15; Thence S 02-17-40 E with the east boundary line of this tract and said Lot 15, 517.19 feet, to the southeast corner of this tract and said Lot 15, said corner being on the north right of way line of Interstate Highway 37; Thence N 64-59-10 W with the south boundary line of this tract, and said Lot 15, the same being the north right of way line of Interstate Highway 37, 329.50 feet, to a corner of this tract; Thence N 59-49-00 W with the south boundary line of this tract the same being the north right of way line of I.H. 37, at 14.63 feet pass the southwest corner of said Lot 15, in all 545.46 feet to the southwest corner of this tract and said Lot 10, said comer being on the east right of way line of Clarkwood Road; Thence N 04-49-50 W with the west boundary line of this tract and said Lot 10, the same being the east right of way line of Clarkwood Road, 606.13 feet, to an inside corner of this tract; Thence N 36-34-40 W with the southwest boundary line of this tract, the same being the northeast right of way line of Clarkwood Road, 107.55 feet, to a corner; Thence N 02-55-30 W with the west boundary line of this tract the same being the east right of way line of Clarkwood Road, at 25.56 feet pass the northwest comer of said Lot 1, the same being the southwest corner of said 2.045 acre tract, in all 321.43 feet, to the POINT OF BEGINNING and containing 18.945 acres of land, more or less. Included with this tract is the entire right of way of Up River Road fronting this tract. Notes: 1. Bearings based on Volume 804, Page 380, Records Nueces County, Texas, and Plats recorded in Volume 46, Pages 47 and 143, Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT, LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 GEORGE RUBALCABA EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St, Corpus Christi, TX 78409 www.govintidevelopment.com 0111ce: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 10 4.973 ACRE TRACT Being 4.973 acres of land, more or less, being all of Lots 1, Block 1, of Tecolote Tract recorded in Volume 55, Page 100, Map Records Nueces County, Texas, and all of a 1 acre tract and a 3.054 acre tract recorded in Document #2010040428, Official Public Records Nueces County, Texas, and this 4.973 acre tract being more particularly described by metes and bounds as follows; Beginning at the lower southeast corner of this tract and Lot 1, said corner being on the north right of way line of Up River Road; Thence N 62-47-30 W with the south boundary line of this tract and said Lot 1, same being the north right of way line of Up River Road, 66.06 feet, to a corner of this tract, said corner being the southwest corner of said Lot 1; Thence S 02-28-00 W with the west boundary line of this tract, 11.01 feet, to a corner of this tract, said corner being the southeast corner of said 3.054 acre tract; Thence N 65-06-50 W with the south boundary line of this tract and said 3.054 acre tract, same being the north boundary line of Up River Road, 237.65 feet, to a corner; Thence N 72-11-50 W with the south boundary line of this tract and said 3.054 acre tract, the same being the north right of way line of Up River Road, 61.26 feet, to the southwest corner of this tract and said 3.054 acre tract; Thence N 00-34-50 E with the west boundary line of this tract and said 3.054 acre tract, 434.48 feet, to the lower northwest corner of this tract, the same being the northwest corner of said 3.054 acre tract; Thence S 80-45-50 E with lower north boundary line of this tract, the same being the north boundary line of said 3.054 acre tract, 295.15 feet, to an inside corner of this tract, said comer being the northeast corner of said 3.054 acre tract; Thence N 02-10-00 E with the west boundary line of this tract, the same being the west boundary line of said Lot 1, 157.76 feet, to the upper northwest corner of this tract, the same being the northwest corner of said Lot 1; Thence S 87-40-00 E with the north boundary line of this tract and said Lot 1, 60.00 feet, to a comer of this tract, said comer being the northeast corner of said Lot 1, the same being the northwest comer of said 1 acre tract; Thence S 84-30-20 E with the north boundary line of this tract and said 1 acre tract, 179.73 feet, to the northeast corner of this tract and said 1 acre tract; Then S 05-29-40 W with the upper east boundary line of this tract, the same being the east boundary line of said 1 acre tract, 249.71 feet, to the upper southeast corner of this tract, the same being the southeast corner of said 1 acre tract; Thence N 86-27-10 W with the upper south boundary line of this tract, the same being the south boundary line of said 1 acre tract, 165.50 feet, to an inside comer of this tract, the same being the southwest comer of said 1 acre tract; Thence S 02-28-00 W with the lower east boundary line of this tract and said Lot 1, 425.09 feet, to the POINT OF BEGINNING and containing 4.973 acres of land, more or less and being out of Tract 10C recorded in Amending Ordinance No. 16702, passed and approved by City Council on November 18, 1981. In addition, the entire right of way width of Up River Road fronting from Area 11 westward to Area 13 and being more particularly described as follows: Beginning at the southeast corner of Area 11 for the northeast corner of this tract and being on the north right of way line of Up River Road; Thence S 11-42-00 W with the east boundary of this tract and crossing Up River Road to the southeast corner of this tract, said comer being on the south right of way line of Up River Road; Thence Northwesterly along the south right of way line of Up River Road to the southwest corner of this tract, said comer being perpendicularly south of the southwest corner of Area 13; Thence North and crossing Up River Road to the northwest corner of this tract, the same being the southwest corner of Area 13 and being on the north right of way of Up River Road; Thence Southeasterly with the north right of way of Up River Road and passing the south boundaries of Areas 13, 12, 10 and 11 to the point of beginning. Notes: 1. Bearings based on Plat recorded in Volume 44, Page 100, Map Records Nueces County, Texas, and Document #2010040428, Official Public Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 05/21/2021 Rev. 11/30/2021 Rev. 1/6/2022 EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St, Corpus Christi, TX 78409 www.govintidevelopment.com 0111ce: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 11 11.753 ACRE TRACT Being 11.753 acres of land, more or less, being all of 4.01 acre tract recorded in Volume 1711, Page 1415, Deed Records Nueces County, Texas, all of 5.885 acre tract recorded in Volume 1725, Page 615, D.R.N.C.T, all of 1 acre tract recorded in Volume 2082, Page 999, Deed of Trust Records Nueces County, Texas, and all of 0.95 acre tract recorded in Volume 2007, page 344, D.R.N.C.T, and this 11.753 acre tract being more particularly described by metes and bounds as follows; Beginning at the lower southeast corner of this tract and said 4.01 acre tract, said corner being the intersection of the west right of way line of Renfro Road and the north right of way line of Up River Road; Thence N 65-57-40 W with the south boundary line of this tract and said 4.01 acre tract, the same being the north right of way line of Up River Road, 126.95 feet, to a corner of this tract, said corner being the southwest corner of said 4.01 acre tract, same being the southwest corner of said 5.885 acre tract; Thence N 65-57-40 W with the south boundary line of this tract and said 5.885 acre tract, the same being the north right of way line of Up River Road, 143.60 feet, to a corner of this tract, said corner being the southwest corner of said 5.885 acre tract, same being the southwest corner of said 1 acre tract; Thence N 65-47-40 W with the south boundary line of this tract and said 1 acre tract, the same being the north right of way line of Up River Road, 100.13 feet, to a corner of this tract, said corner being the southwest corner of said 1 acre tract, same being the southeast corner of said 0.95 acre tract; Thence N 64-32-15 W with the south boundary line of this tract and said 0.95 acre tract, the same being the north right of way line of Up River Road, 212.88 feet, to the south west corner of this tract and said 0.95 acre tract; Thence N 11-21-10 E with the lower west boundary line of this tract, same being the west boundary line of said 0.95 acre tract, 187.30 feet, to the lower northwest corner of this tract, same being the northwest corner of said 0.95 acre tract; Thence S 70-06-10 E with the lower north boundary line of this tract, same being the north boundary line of said .095 acre tract, 210.23 feet, to an inside corner of this tract, said corner being the northeast corner of said 0.95 acre tract, and being on the west boundary line of said 1 acre tract; Thence N 11-59-55 E with the upper west boundary line of this tract, the same being the west boundary line of said 1 acre tract, 234.36 feet, to a corner of this tract, said corner being the northwest corner of this tract, the same being the upper southwest corner of said 5.885 acre tract; Thence N 11-59-55 E with the upper west boundary line of this tract said 5.885 acre tract, 757.36 feet, to the upper northwest corner of this tract, said corner being the northwest corner of said 5.885 acre tract; Thence N 84-51-10 E with the upper north boundary line of this tract, the same being the north boundary line of said 5.885 acre tract, 245.39 feet, to a corner of this tract, said corner being the northeast corner of said 5.885 acre tract, the same being the northwest corner of said 4.01 acre tract; Thence N 90-00-00 E with the upper north boundary line of this tract, the same being the north boundary line of said 4.01 acre tract, 137.19 feet, to the northeast corner of this tract and said 4.01 acre tract, said corner being on the west right of way line of Renfro Road; Thence S 12-23-42 W with east boundary line of this tract and said 4.01 acre tract, the same being the west right of way line of Renfro Road, 1029.66 feet, to a southeast corner of this tract and said 4.01 acre tract; Thence S 11-42-00 W with the lower east boundary line of this tract and said 4.01 acre tract, 348.52 feet, to the POINT OF BEGINNING and containing 11.753 acres of land, more or less and being out of Tract 10C in Amending Ordinance 16702, passed and approved by City Council on November 18, 1981. In addition, the entire right of way width of Up River Road fronting from Area 11 westward to Area 13 and being more particularly described as follows: Beginning at the southeast corner of Area 11 for the northeast corner of this tract and being on the north right of way line of Up River Road; Thence S 11-42-00 W with the east boundary of this tract and crossing Up River Road to the southeast corner of this tract, said corner being on the south right of way line of Up River Road; Thence Northwesterly along the south right of way line of Up River Road to the southwest corner of this tract, said corner being perpendicularly south of the southwest corner of Area 13; Thence North and crossing Up River Road to the northwest corner of this tract, the same being the southwest corner of Area 13 and being on the north right of way of Up River Road; Thence Southeasterly with the north right of way of Up River Road and passing the south boundaries of Areas 13, 12, 10 and 11 to the point of beginning. Notes: 1. Bearings based on Volume 1711, Page 1415, Deed Records Nueces County, Texas, Volume 1725, Page 615, D.R.N.C.T, Volume 2082, Page 999, Deed of Trust Records Nueces County, Texas, Volume 2007, page 344, D.R.N.C.T. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 05/21/2021 Rev. 11/30/2021 Rev. 1/6/2022 EXHIBIT 2 UOVIND LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 12 3.99 Acre Tract Being 3.99 acres of land, more or less, being all of Lots 8 and 9, out of the Awkerman Gardern Lots Subdivision, recorded in Volume 4, Page 38, Map Records Nueces County, Texas and this 3.99 acre tract being more particularly described by metes and bounds as follows; Beginning at the southeast corner of this tract and said Lot 9, said corner being at the intersection of the southwest right of way line of Hern's Ferry Road with the north right of way line of Up River Road and also being the south east corner of said subdivision; Thence N 72-11-50 W with the south boundary line of this tract and said subdivision, the same being the north right of way line of Up River Road, 507.14 feet, to the southwest corner of this tract and said Lot 8 the same being the southeast corner of Lot 7; Thence North with the west boundary line of this tract and said Lot 8, the same being the east boundary line of Lot 7 of said subdivision, 453.33 feet, to the northwest corner of this tract and Lot 8, said corner also being the northeast corner of said Lot 7 and said corner being on the south right of way line of Hern's Ferry Road; Thence S 63-31-00 E with the north boundary line of this tract and Lot 8 of said subdivision, and 71.50 feet, to a corner of this tract and said Lot 8; Thence S 40-03-00 E with the northeast boundary line of this tract and said subdivision the same being the southwest right of way line of Hern's Ferry Road, 306.63 feet, to a corner of this tract and said Lot 9; Thence S 36-06-00 E with the northeast boundary line of this tract and said Lot 9, and said subdivision, the same being the southwest right of way line of Hern's Ferry Road, 307.45 feet, to a corner of this tract and said Lot 9; Thence S 21-54-00 E with the northeast boundary line of this tract and said Lot 9, the same being the southwest right of way line Hern's Ferry Road, 92.21 feet, to the POINT OF BEGINNING and containing 3.99 acres of land, more or less. In addition, the entire right of way width of Up River Road fronting from Area 11 westward to Area 13 and being more particularly described as follows: Beginning at the southeast corner of Area 11 for the northeast corner of this tract and being on the north right of way line of Up River Road; Thence S 11-42-00 W with the east boundary of this tract and crossing Up River Road to the southeast corner of this tract, said corner being on the south right of way line of Up River Road; Thence Northwesterly along the south right of way line of Up River Road to the southwest corner of this tract, said corner being perpendicularly south of the southwest corner of Area 13; Thence North and crossing Up River Road to the northwest corner of this tract, the same being the southwest corner of Area 13 and being on the north right of way of Up River Road; Thence Southeasterly with the north right of way of Up River Road and passing the south boundaries of Areas 13, 12, 10 and 11 to the point of beginning. Notes: 1. Bearings based on Plat recorded in Volume 4, Page 38 Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 Rev. 1/6/2022 EXHIBIT 2 UOVIND LLC ENGINEERING DIVISION 9510 Leopard St. Corpus Christi, TX 78409 www.govinddevelopment.com Office: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 13 12.175 ACRE TRACT Being 12.175 acres of land, more or less, being all of Lot 1, Block 2, Awkerman Garden Lots recorded in Volume 40, Page 81, Map Records Nueces County, Texas, all of Emmert Tract recorded in Volume 26, Page 37, M.R.N.C.T, Lots 1 thru 5, Awkerman Garden Lots recorded in Volume 4, Page 38, M.R.N.C.T, 0.45 acre tract, 0.887 acre tract, 2.182 acre tract recorded in Document #2010040428, Official Public Records Nueces County, Texas and this 12.175 acre tract being more particularly described by metes and bounds as follows; Beginning at the southwest corner of this tract and said Lot 1, Block 2, Awkennan Lots, said corner being on the north right of way line of Up River Road; Thence North with the west boundary line of this tract and said Lot 1, 43.33 feet, to the northwest corner of this tract and said Lot 1; Thence East with the north boundary of this tract, at 404.40 feet pass the common corner of said Lot 1 and said 0.45 acre tract, at 503.70 feet pass the common corner of said 0.45 acre tract and said 0.887 acre tract, at 663.50 feet pass the common corner of said 0.887 acre tract and said 2.182 acre tract, at 960.15 feet pass the common corner of said 2.182 acre tract and said Emmert Tract, at 1271.15 feet pass the common corner of said Emmert tract and Lot 1 of Awkerman Garden Lots, in all 1525.50 feet to the northeast corner of this tract being on the south right of way line of Hearn's Ferry Road; Thence S 25-10-00 E with the northeast boundary line of this tract and Lot 4 of Awkerman Garden Lots, same being the southwest right of way line of Hearn's Ferry Road, 69.81 feet, to an inside corner of this tract and Lot 4; Thence S 63-31-00 E with the northeast boundary line of this tract, same being the southwest right of way line of Hearn's Ferry Road, 122.25 feet, to the lower northeast corner of this tract, same being the northeast corner of Lot 5; Thence South with the east boundary line of this tract and Lot 5, 482.29 feet, to the southeast corner of this tract and Lot 5, said corner being on the north right of way line of Up River Road; Thence N 72-11-50 W with the south boundary line of this tract and said subdivision, 413.25 feet, to a corner of this tract, said corner being the southwest corner of Lotl; Thence North, 8.66 feet, to a corner of this tract, said corner being the southeast corner of said Emmert tract; Thence N 71-20-00 W with the south boundary line of this tract and said Emmert tract, same being the north right of way line of Up River Road, 328.27 feet, to a corner of this tract, said corner being the southwest corner of said Emmert tract; Thence South, 10.52 feet, to a corner of this tract, said corner being the southeast corner of said 2.182 acre tract; Thence N 71-01-15 W with south boundary line of this tract, same being the north right of way line of Up River Road, at 313.70 feet pass the common corner of said 0.887 acre tract and said 0.45 acre tract, in all 587.70 feet to a corner of this tract, said corner being the southwest corner of said 0.45 acre tract and the southeast corner of said Lot 1, Block 2, Awkerman Lots; Thence N 71-09-20 W with the south boundary line of this tract and said Lot 1, Block 2, Awkerman Lots, same being the north right of way line of Up River Road, 426.97 feet, to the POINT OF BEGINNING and containing 12.175 acres of land, more or less and being out of Tract 10C recorded in Amending Ordinance No. 16702, passed and approved by the City Council on November 18, 1981. In addition, the entire right of way width of Up River Road fronting from Area 11 westward to Area 13 and being more particularly described as follows: Beginning at the southeast corner of Area 11 for the northeast corner of this tract and being on the north right of way line of Up River Road; Thence S 11-42-00 W with the east boundary of this tract and crossing Up River Road to the southeast corner of this tract, said corner being on the south right of way line of Up River Road; Thence Northwesterly along the south right of way line of Up River Road to the southwest corner of this tract, said corner being perpendicularly south of the southwest corner of Area 13; Thence North and crossing Up River Road to the northwest corner of this tract, the same being the southwest corner of Area 13 and being on the north right of way of Up River Road; Thence Southeasterly with the north right of way of Up River Road and passing the south boundaries of Areas 13, 12, 10 and 11 to the point of beginning. Notes: 1. Bearings based on Document #2010040428 Official Public Records Nueces County, Texas and Volume 4, Page 38, Volume 40, Page 81, Volume 26, Page 37, M.R.N.C.T. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/3/2021 Rev. 1/6/2022 EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St, Corpus Christi, TX 78409 www.govintidevelopment.com 0111ce: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 14 4.875 ACRE TRACT Being 4.875 acres of land, more or less, being all of Lots 1, Block 1, of Stateway Subdivision recorded in Volume 38, Page 12 Map Records Nueces County, Texas, and part of Lot 2, Block 1, of Stateway Subdivision recorded in Volume 38, Page 80, Map Records Nueces County, Texas, and this 4.875 acre tract being more particularly described by metes and bounds as follows; Beginning at the northeast corner of this tract and said Lot 1, said corner being on the south right of way line of Up River Road; Thence South with the east boundary line of this tract and said Lot 1, 499.57 feet, to the southeast corner of this tract and Lot 1, said corner being on the north right of way line of Interstate Highway 37; Thence N 56-23-00 W with south boundary line of this tract, and said north right of way line of IH 37, 676.90 feet, to the southwest corner of this tract, said corner being on the south boundary line of said Lot 2; Thence N 20-22-27 E with the west boundary line of this tract and entering said Lot 2, 287.00 feet, to the northwest corner of this tract, said corner being on the north boundary line of said Lot 2, the same being the south right of way line of Up River Road; Thence S 71-32-42 E with the north boundary line of this tract and said Lot 2, the same being the south right of way line of Up River Road, 145.00 feet, to a corner of this tract, the same being the northeast corner of said Lot 2 and said corner being on the west boundary line of said Lot 1; Thence N 18-14-16 E, 10.00 feet, to a corner of this tract and the northwest corner of said Lot 1, said corner being on the south right of way line of Up River Road; Thence S 71-32-42 E with the north boundary line of this tract and said Lot 1, the same being the south right of way line of Up River Road, 340.60 feet, to the POINT OF BEGINNING and containing 4.875 acres of land, more or less. Included with this tract is the entire right of way of Up River Road fronting this tract. Notes: 1. Bearings based on Plat recorded in Volume 38, Pages 12 and 80, Map Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/15/2021 Rev. 11/30/2021 EXHIBIT 2 IJOVIND LLC ENGINEERING DIVISION 9510 Leopard St, Corpus Christi, TX 78409 www.govintidevelopment.com 0111ce: (361) 241-2777 Fax: (364) 241-2200 METES AND BOUNDS DESCRIPTION OF AREA 15 24.4 ACRE TRACT Being 24.4 acres of land, more or less, out of a 220.79 acre tract located in the P. Hinojosa Survey 422, Abstract 850, Nueces County, Texas, and said 24.4 acre tract being more particularly described by metes and bounds as follows; Beginning at the southeast corner of this tract, said corner being on the north right of way line of Interstate Highway 37 and being said northeast corner of the portion conveyed to the State of Texas for right of way for IH 37 and recorded in Volume 1066, Page 497, Deed Records Nueces County, Texas; Thence along the north right of way line of I.H. 37 as follows: N 57-03-34 W, 182.42 feet; N 51-57-04 W, 179.61 feet; N 49-19-02 W, 207.88feet; N 55-38-41 W, 141.56 feet; N 61-19-59 W, 120.84 feet; N 66-30-20 W, 173.66 feet; N 62-22-04 W, 216.13 feet; N 57-03-34 W, 856.97 feet, to the southwest corner of this tract; Thence N 00-32-26 W with the west boundary line of this tract, 342.8 feet, to the centerline of Turkey Creek for a corner of this tract; Thence N 57-42-52 E with the centerline of Turkey Creek, 219.62 feet, to the northwest corner of this tract; Thence S 61-00-25 E with the north boundary of this tract, 1775.12 feet, to the northeast corner of this tract; Thence S 00-49-25 E with the east boundary line of this tract, 718.22 feet, to the POINT OF BEGINNING and containing 24.4 acres of land, more or less and being same 24.4 acre tract described as Tract 11 in City Ordinance No. 16702 passed and approved by city council on November 18, 1981. Notes: 1. Bearings based on deed recorded in Volume 1066, Page 497, Deed Records Nueces County, Texas. 2. Metes and bounds description based on recorded deed and map records and not on an on the ground survey. GOVIND DEVELOPMENT. LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 03/29/2021 Rev. 11/30/2021 EXHIBIT 3 1 INDUSTRIAL DISTRICT AGREEMENT NO. 9C THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI This Industrial District Agreement ("Agreement") is made and entered into under the authority of Section 42.044 of the Texas Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and Flint Hills Resources Corpus Christi, LLC, a Delaware Limited Liability Company, Landowner and Improvements Owner, hereinafter collectively called the "COMPANY." The CITY and the COMPANY are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties." WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land and/or owner of Improvements on land within the Extraterritorial Jurisdiction (ETJ) of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its ETJ and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958, as amended, reestablished Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2" and Ordinance Nos. 030994 and 031145 expanded Industrial District No. 1, and Ordinance Nos. 031797 and 032720 expanded Industrial District No. 2; and WHEREAS, Ordinance No. 031721, as amended, established Corpus Christi Industrial District No. 4 in Nueces County; and WHEREAS, Ordinance Nos. 031775, 031817, and 033161, as amended, established Corpus Christi Industrial District Nos. 5, 6, 7, 8, 9, 10, and 11 in the CITY's ETJ in San Patricio County; and WHEREAS, Ordinance No. provided for disannexing from the City of Corpus Christi, Texas, an approximately 129.44 acres of land in between Interstate Highway 37 and Industrial District No. 1, and amended the boundaries of Industrial District No. 1 to include the disannexed area and authorizing the execution of an Industrial District Agreement with Flint Hills Resources Corpus Christi, LLC requiring the payment in lieu of taxes in an amount equal to 100 percent of the ad valorem taxes that would be due if the property remained in the City limits; and WHEREAS, Industrial District Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11 are collectively referred to as the "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY's structures and properties within such Industrial Districts. 2 WHEREAS, the COMPANY desires to avoid regulation by the CITY of the COMPANY's structures and properties within such Industrial Districts; NOW, THEREFORE, in consideration of the premises, the mutual agreements of the Parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the CITY referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, except as otherwise provided in this Agreement. Except as provided otherwise in this Agreement, the CITY further covenants and agrees that the Land shall be immune from annexation during the Term of this Agreement. Section 1.02 Limited to Industrial Use. The COMPANY covenants and agrees that during the Term, the COMPANY will not use or permit the use of the Land and/or Improvements and/or personal property covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non -industry purposes, does not violate this Section 1.02. If the COMPANY uses, or permits use of, the Land and/or Improvements and/or personal property covered by this Agreement for purposes not included within the term "industry" as defined above, then the PILOT to be paid by the COMPANY under this Agreement shall be increased to an amount equal to 100% of the amount of ad valorem taxes on Land and Improvements, and personal property sited on the Land, that would otherwise be payable to the CITY by the COMPANY if said Improvements and personal property were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within 60 days of being notified by the CITY of the determination of a non - industry use, subject to the notice and opportunity to cure provided for in Section 4.04, an amount equal to said 100% of ad valorem taxes from the inception of this Agreement, less any amounts previously paid by the COMPANY to the CITY under this Agreement, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its reasonable attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said 100% of ad valorem taxes on Land and Improvements and personal property. Section 1.025 Limitation on Hydrocarbon Improvements Along IH-37. COMPANY covenants and agrees that during the term hereof, COMPANY will not locate any facilities dedicated to the processing, refining, or above- ground storage of hydrocarbons on any of the Land that is within 300 feet of Interstate Highway 37. Section 1.03 Annexation Corridor. If any other company within the Extraterritorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY's boundary, the COMPANY shall, after the CITY provides the COMPANY with 60 days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY's Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY's property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY's Land legally necessary to annex such property owned by third parties. The location of such annexed Land shall be subject to the approval of the COMPANY which approval shall not be unreasonably withheld. The COMPANY and such annexed Land shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any rules, or regulations to such annexed Land, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in 3 any manner whatsoever control over the conduct of the COMPANY's business thereon. Such annexed portion of Land shall remain a part of this Agreement and shall not be subject to CITY taxes, but such annexed Land and any Improvements thereon shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, having otherwise met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY's Land, or within 60 days, take the steps necessary to complete deannexation proceedings required to remove from the city limits any unnecessary annexation corridor. If notwithstanding the foregoing provisions of this Section 1.03, any of such annexed portion of Land or any Improvements or other property located thereon is subject to any CITY taxes with respect to any Calendar Year during the Term of this Agreement, the CITY shall (i) exclude such annexed portion of Land and any Improvements and other property located thereon from the calculation of the PILOT due from the COMPANY under Article 3 for such year, and (ii) as an economic development incentive grant under a program authorized by Chapter 380 of the Texas Local Government Code, remit (either as an offset against the amount of payment in lieu of tax owed to the CITY under this Agreement or as a rebate paid to the COMPANY), within 60 days following the CITY's receipt of proof of payment of such CITY taxes, the portion of such CITY taxes that is in excess of the PILOT that would have been required to be paid to the CITY under this Agreement with respect to such annexed portion of Land and any Improvements and other property located thereon had such annexed portion of Land not been annexed. Section 1.04 City Services. During the Term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the Term hereof, with respect to the Land and Improvements and other property located thereon, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with applicable State law and CITY ordinances governing subdivision of land; (2) excluded from Industry compliance obligations pursuant to Section 1.02 of Exhibit E; or (3) prescribing any rules governing the method of operation of COMPANY's business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned facilities. The COMPANY shall ensure that all of the COMPANY's connections with the CITY water system contain backflow prevention devices and/or air gaps consistent with the technical criteria referenced in Section 55-96 of the City Code as said section exists on the signature date of this Agreement and state law, including any periodic certifications required by the aforementioned provisions of the City Code and state law. Notwithstanding, upon COMPANY'S request citing this section and obligation, the CITY's director of water or authorized equivalent will review the COMPANY's proposed use of an alternative backflow prevention method and determine whether that proposed method provides the same or greater level of reliability, effectiveness, and ease of verifiability at or near the City's water -connection location as a reduced pressure backflow preventer (assembly). After such review and determination, CITY and COMPANY will jointly approach the Texas Commission on Environmental Quality (TCEQ) to request TCEQ review of the proposed alternative backflow prevention method. If TCEQ approves a jointly -proposed alternative backflow prevention method, then the CITY will allow the use of said proposed alternative backflow prevention method unless the CITY determines that said proposed alternative backflow prevention method will not provide the same or greater level of reliability, effectiveness, and ease of verifiability at or near the City's water - connection location as a reduced pressure backflow preventer (assembly). After a written request by COMPANY, CITY shall provide such determination in writing by a licensed professional engineer with expertise in industrial and municipal systems that utilize backflow prevention technologies. If the CITY does not respond within 60 days of such written COMPANY request, then the request for use of said jointly -proposed, TCEQ-approved alternative backflow prevention method will be deemed approved. Section 1.07 Definitions. The following terms have the following meanings: 4 A. Affiliates. As used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over 50% or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1986, as amended. B. CAD. The appraisal district (either the Nueces County Appraisal District [NCAD] or the San Patricio County Appraisal District [SPCAD]) responsible for appraising the portion of the Land and the Improvements located within the boundaries of such appraisal district. C. Calendar Year. A period of time beginning January 1 and ending December 31 in a numbered year. D. Existing Improvements. Improvements other than New Improvements. E. Extraterritorial Jurisdiction (ETJ). As defined by Chapter 42 of the Texas Local Government Code, as amended. The CITY's existing ETJ includes the unincorporated area that is contiguous to the corporate boundaries of the CITY and that is located within five miles of those boundaries. F. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Improvements include Existing Improvements and New Improvements. G. Industrial District. The industrial districts designated pursuant to Ordinance Nos. 029958, 031721, 031775, 031797, 031817, 033161, or future ordinance of the CITY, are incorporated herein by reference. H. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. I. Land. All of the land owned, leased or possessed by COMPANY and located within the Industrial Districts. Land, in the context of this Agreement includes all land of the COMPANY located in the Industrial Districts, whether or not it is in included in Exhibit A. J. Market Value. As determined and defined by the applicable CAD. K. New Improvement. Improvements which have been affixed to the Land and Placed in Use for four or fewer Calendar Years. On the fifth calendar year after the New Improvement has been affixed to the Land or Placed in Use, it will be considered an Existing Improvement L. PILOT. Payment in Lieu of Ad Valorem Taxes. M. Placed in Use. Improvements that are completed and placed in use and are not listed by the applicable CAD as Construction Work in Progress (CWIP). Article 2 Section 2.01 Term. The term of this Agreement (Term) shall be 15 years from January 1, 2025 to December 31, 2039, unless earlier terminated as herein provided. Section 2.02 New Agreement or Annexation before Expiration of Term. Prior to July 1, 2039, the COMPANY shall enter into a new Industrial District Agreement with the CITY or file a voluntary Petition for Annexation of the Land into the territorial limits of the CITY. The Petition for Annexation pursuant to this section will be in the form attached as Exhibit C. The annexation may become effective at any time after September 1, 2039. Failure of the 5 COMPANY to execute and submit a voluntary Petition for Annexation prior to July 1, 2039 shall entitle the City to (1) file the Petition for Annexation and Agreement for Provision of Municipal Services attached to this agreement and/or (2) otherwise annex the Land into the territorial limits of the CITY. In the event of annexation due to failure to enter into a new Industrial District Agreement in 2039, the terms of this Agreement other than restrictions on annexation, that can be legally applied after annexation will continue to apply until December 31, 2039. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes (PILOT). Each year during the Term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements located thereon) equal to 100% of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements located on the Land equal to 100% of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements, which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. For purposes of this calculation, the Existing Improvements will not include the pollution control improvements that have qualified for exemption from taxation pursuant to Texas Property Tax Code 11.31. C. New Improvements. For the first four Calendar Years after a New Improvement is affixed to the land and Placed in Use, the COMPANY shall pay 100% PILOT for said New Improvement. Personal Property. An amount in lieu of tax on personal property equal to 100% of the amount of ad valorem taxes based upon the Market Value of the personal property which would otherwise be payable to CITY by COMPANY if the personal property were situated on land within the CITY limits. D. With respect to any new land acquired by the COMPANY located within an Industrial District, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within 90 days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by the applicable CAD of the Geographic ID number of the newly acquired land and any Improvements thereon and promptly after the CITY's receipt of such revised Exhibit A, the CITY and the COMPANY shall each execute, acknowledge, and deliver to one another a written agreement with respect to such acquired land substantially in the form of Exhibit D attached hereto to evidence that such land is made subject to the terms and provisions of this Agreement. E. With respect to any new land acquired by the COMPANY after January 1, 2025, located within the ETJ of the CITY, but not in an Industrial District, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31st of each year of this Agreement, or upon final determination of Market Values by the applicable CAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all CAD, Geographic ID numbers and the Market Values related thereto, and showing all Land and Improvements and personal property owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule") and each exemption applicable to the calculation of taxation on each item of property (specifying exemptions pursuant to Texas Property Tax Code 11.31). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to the applicable CAD and, in the event of appeal, the Appraisal Review 6 Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. COMPANY must include on its Schedule of Value the Geographic ID numbers for all personal property accounts on the Property, whether owned by COMPANY or by a Lessee or tenant. Section 3.03 Determination of Value. Subject to the provisions of Section 3.04, in determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements and personal property, but not including the Land and/or Improvements and/or personal property that qualify for the exemption for pollution control property as provided in Texas Property Tax Code Section 11.31 as determined by the applicable CAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to the applicable CAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by the CAD for any year or years during the Term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to the CAD. Notwithstanding any protest of valuation by the COMPANY or any non -CAD related billing dispute, the COMPANY agrees to pay to the CITY an initial estimated PILOT, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. Alternate Estimated PILOT: If the COMPANY files a lawsuit or lawsuits over the value of any of any of its properties on which the PILOT is calculated and chooses to pay an Alternate Estimated PILOT, then on or before November 1st of the tax year subject to the lawsuit, the COMPANY shall provide written notice to the CITY identifying each CAD Geographic ID number subject to the lawsuit and the COMPANY's estimate of value and legal basis for each value. This written notice shall be accompanied by the COMPANY's calculation of: (1) the total, cumulative PILOT for the tax year subject to the lawsuit, based on the Market Values determined by the CAD (CAD -determined Market Values for the tax year subject to the lawsuit), and (2) the total, cumulative PILOT for the tax year subject to the lawsuit, based on the market values estimated by the COMPANY (COMPANY -determined market values for the tax year subject to the lawsuit), and (3) the total, cumulative PILOT paid by COMPANY to CITY for the year immediately prior to the tax year subject to the lawsuit. If the total cumulative CAD -determined Market Values for the tax year subject to the lawsuit are more than 20% greater than the total, cumulative CAD -determined Market Values for the immediately prior tax year, then the COMPANY may pay an Alternate Estimated PILOT, based on the greater of: (1) the COMPANY -determined market values for the tax year subject to the lawsuit, or (2) 120% of the total, cumulative PILOT paid by COMPANY to CITY for the tax year immediately prior to the tax year subject to the lawsuit(s). When the valuation on said property or any billing dispute has been finally determined, either as the result of final unappealable judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within 30 days thereafter, if the PILOT due the CITY is established to be an amount more than the PILOT or Alternate Estimated PILOT paid by the COMPANY, then COMPANY shall make to the CITY any additional PILOT due based on the final determination. If, as a result of final unappealable judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the PILOT due to the CITY is established to be an amount less than the amount of the PILOT or Alternate Estimated PILOT for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within 60 days after COMPANY provides notice and a copy of said final determination. The parties may mutually agree to alternative methods of reimbursement, such as a credit to the in lieu of tax payments due the next year. Any non -CAD related billing disputes shall be resolved by the CITY within 90 days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. With respect to each year during the Term of this Agreement, an additional amount for CITY fire protection equal to 15% of the amount of ad valorem taxes based upon 100% of the Market Value of the Improvements located on the Land which would otherwise be payable to the CITY by the COMPANY for such 7 year if said Improvements were situated on land within the CITY limits (Calculation: Market Value of Improvements x 15% x CITY tax rate = Fire Protection Fee) will be paid annually; provided, however, that the COMPANY shall not be obligated to pay the additional amount provided by this Section 3.05 for any year during the Term of this Agreement if either (i) as of January 1 of such year, the COMPANY is a member in good standing of the Refinery Terminal Fire Company, or its successor, or (ii) the COMPANY satisfies the requirements set forth in Section 775.032(a)(1), (2), and (3) of the Texas Health and Safety Code and certifies to the CITY in writing such compliance. Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the CITY calculated in accordance with this Agreement. Such invoice shall be postmarked at least 30 days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made with reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by the CAD. In addition, all amounts other than the 11.31 amount referenced above shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the Term hereof (the "Due Date"), all PILOTs provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment, but subject to Section 3.04. Notwithstanding, if the CITY sends a late invoice (after January lst), then the COMPANY will pay the CITY within 30 days after receipt of the late invoice. This Agreement, and the method of determining and fixing the amount of the PILOTs hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at 12% per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Section 3.08 Filing of Industrial District Agreement. After execution, the CITY will file this Agreement with the applicable County Clerk, invoice the COMPANY for the filing fee, and provide a file -stamped copy to the COMPANY. COMPANY shall remit payment for such filing fee within 30 days after being invoiced for the cost of such filing. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a report or payment due to the CITY hereunder or if the COMPANY fails to perform any other material obligation incumbent upon the COMPANY to be performed hereunder or revokes any provision of this Agreement or attachment hereto, and if such default is not fully corrected within 60 days (or such longer period to the extent required by Section 4.04) after the CITY gives written notice of said default to the COMPANY, the City shall have the option to either (1) accept the COMPANY's Petition for Annexation and Agreement for Provision of Municipal Services and commence annexation proceedings, in accordance with Section 10.07 below, and sue to recover all damages; or (2) continue this Agreement for its Term and collect the payments required hereunder. A failure to perform pursuant to this Agreement will not be considered "material" if such failure to perform does not affect reporting, payment, annexation, or enforceability of any provision of this Agreement. Nonetheless, a COMPANY violation or failure to perform this Agreement, regardless of materiality shall entitle the City to declare this Agreement in default and commence ordinary annexation proceedings. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements and personal property which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements and personal property which may be foreclosed in the event of such uncured default (1) judicially or (2) extra judicially in the same manner as a deed of trust under the Texas Property Code, and for that purpose may appoint a trustee or trustees. 8 Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to any annexation provided for herein), the COMPANY shall provide written Notice of Default (clearly labeled as such) to the CITY and COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the Term of this Agreement from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written Notice of Default (clearly labeled as such) specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded 60 days within which to cure the alleged default. A default not related to payment that cannot be remedied within 60 days may be subject to a Plan of Cure that will be considered by the CITY if said Plan is requested in writing to the CITY within 30 days after CITY sends the Notice of Default. The City will approve a Plan of Cure that cannot be remedied within 60 days not related to payment if such plan of cure reasonably cures the default in the most expeditious manner possible and does not harm the enforceability of any legal remedies provided in this document and its attachment. Failure of the COMPANY to comply with the Plan of Cure will be considered an additional default of this Agreement. Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within 4 years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within 4 years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY' S rights under this Agreement to collect from the COMPANY any unpaid PILOT, late penalties and interest associated therewith, and any costs of collection including but not limited to reasonable attorney fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from the applicable CAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land in the Industrial District, as described in Section 3.01 which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from the applicable CAD or its successor. Article 6 9 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the Parties; provided, however, the fees of any special legal counsel shall be paid by the Party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation into the CITY, or (2) continuing to make the PILOTs required hereunder. This option shall be exercised within 30 days after the application for the temporary injunction is denied. If the COMPANY elects to continue the PILOT, the CITY shall place future payments hereunder together with part of the payment for the Calendar Year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest - bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, or a final settlement or other final disposition of the controversy allows or upholds the annexation or incorporation, then all of such payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, or a final settlement or other final disposition of the controversy allows or upholds the annexation or incorporation, then all of such payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. If the COMPANY sells all or a portion of the Land or Improvements to any entity, then the COMPANY shall within 90 days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and/or Improvements sold. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within 90 days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and/or Improvements leased. Section 7.02 Company's Responsibility for Payment; Assignment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain responsible for any PILOT attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements that the CITY has consented to, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. The CITY will consent to an assignment and assumption agreement if all payments for PILOT are up- to-date and said agreement provides for execution of documents required by the CITY to ensure the continued enforceability of all obligations of this Agreement in a form satisfactory to the CITY, acting reasonably. If the COMPANY assigns its payment responsibility to a lessee and COMPANY's lessee fails to make any required payments after assuming such responsibility, the COMPANY may, after notice in accordance with Section 4.04, either make the required payments itself or agree to annexation by petition in accordance with Section 10.07 below. Effective the date of transfer of the Land to a new owner, the new owner of the Land will execute a Petition for Annexation and Agreement for Provision of Municipal Services, in substantially the same form as the one attached as Exhibit C, signed by the buyer before the CITY will consent to the assignment. Section 7.03 Covenant Running with the Land. THIS AGREEMENT SHALL BE DEEMED COVENANTS RUNNING WITH THE LAND, AND A MEMORANDUM OF AGREEMENT SHALL BE RECORDED IN THE REAL PROPERTY RECORDS OF NUECES COUNTY, TEXAS AND/OR SAN PATRICIO COUNTY, TEXAS, AS APPLICABLE. THE COMPANY AND THE CITY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS BINDING UPON THE CITY AND THE COMPANY AND THEIR RESPECTIVE 10 SUCCESSORS, EXECUTORS, HEIRS, AND ASSIGNS, AS APPLICABLE, FOR THE TERM OF THIS AGREEMENT AND CONSTITUTES A COVENANT RUNNING WITH THE LAND. ALL SUCCESSIVE FUTURE OWNERS OF THE LAND WILL BE TO THE SAME EXTENT BOUND BY AND WILL HAVE THE SAME RIGHT TO INVOKE AND ENFORCE, THE PROVISIONS OF THIS AGREEMENT AS THE ORIGINAL SIGNERS OF THIS AGREEMENT. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors, assigns, Affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The COMPANY agrees to require any Affiliates of COMPANY who desire to have the benefits of this agreement execute such documents as required by the CITY to ensure the enforceability of all provisions of this agreement, including, but not limited to, for all owners of the Land, the attached Petition for Annexation and Agreement for Provision of Municipal Services. Failure of any owner of the Land to execute this agreement and attached Petition for Annexation and Agreement for Provision of Municipal Services will constitute a default. Article 9 Section 9.01 Buy Local. COMPANY shall use commercially reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. The COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. The COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. The COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten 10% of its total water needs from any source other than the CITY. This Agreement does not guarantee to the COMPANY the availability of any specified amount or quantity of water, subject to any obligations that that might apply to the CITY pursuant to state law. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be illegal, invalid or unconstitutional for any reason, then the application, illegality, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes stated herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. The language in all parts of this Agreement shall in all cases be construed according to its fair meaning and shall not be strictly construed for or against any party. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates shall be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below, with a prominent identification of the title of this Agreement to 11 which it refers , "INDUSTRIAL DISTRICT AGREEMENT NO. 9C". Each Party must notify the other Party of any change of address in writing. To the CITY: City of Corpus Christi -City Manager 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3220 With copies to City of Corpus Christi Director of Finance P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3105 City of Corpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 If to COMPANY: Flint Hills Resources Corpus Christi, LLC (Owner of the Land & Improvements) Attn: Tax Manager P. O. Box 2900 Wichita, KS 67201-2900 Phone: 316-828-3303 With copies to: Flint Hills Resources Corpus Christi, LLC Attn: Manufacturing Manager P. O. Box 2608 Corpus Christi, TX 78409 Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to any of its conflicts of law principles. This Agreement is to be performed in Nueces County, Texas, and/or San Patricio County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority; Construction. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. The headings contained in this Agreement are for reference purposes only, are not to be considered a part hereof, and shall not affect in any way the meaning or interpretation of this Agreement. Unless the context otherwise requires: (i) the word "including" shall mean "including, but not limited to," (ii) words used in the singular shall also denote the plural, and words used in the plural shall also denote the singular, and (iii) references to the terms "Article," "Section," "clause," "Exhibit" and "Schedule" are references to the Articles, Sections, clauses, Exhibits and Schedules of this Agreement unless otherwise specified. Section 10.07 Petition for Annexation. Subject to the provisions of Article 4, COMPANY agrees that failure to timely cure any default in accordance with this Agreement constitutes a petition for annexation of the Land and in furtherance thereof in the event of such a failure, a voluntary Petition for Annexation and Agreement for Provision of Municipal Services executed by all owners of the Land is attached hereto as Exhibit C and may be accepted by 12 the CITY for purposes of annexing the Land in the event that COMPANY fails to timely cure any default in accordance with this Agreement. Further, COMPANY agrees that the annexation petition may be accepted by the CITY for purposes of annexing the Property in the event that, during the Term of this Agreement, a bill is approved by the Texas Legislature that will, in the sole but reasonable and continuing opinion of the CITY, result in a prohibition of annexation of all or part of the Land. In addition to the filing of a voluntary Petition for Annexation and Agreement for Provision of Municipal Services pursuant to this section, the City may pursue such other annexation actions related to the Land as appropriate to ensure all owners of the Land are included in any annexation(s). In the event of annexation pursuant to a bill approved by the Texas Legislature, then the annexation will be subject to the City's agreement to execute a 380 Agreement with COMPANY and its relevant Affiliates for the remainder of the term of this Agreement, in the form attached as Exhibit E. In the event of such legislation, the Parties will consider alternative legal arrangements that would preserve the Parties' rights and authority that would not require full annexation. The preceding paragraph applies to any of the COMPANY's successors, assigns, or Affiliates provided for in Section 8.01, regardless of ownership or other interest in Land subject to this Agreement, including the provisions related to the 380 Agreement. If the Land is annexed, this Agreement will terminate automatically upon payment of the final PILOT payment due under this Agreement. Annexation does not absolve the COMPANY of the requirement to pay any PILOT that accrued prior to the date of annexation under this Agreement, and the CITY may pursue all remedies in law and equity to collect such past due PILOT payments. Nonetheless, no PILOT will be due for any year for which the COMPANY is subject to taxation due to annexation. This Agreement and the attached documents are authorized and enforceable pursuant to Texas Local Government Code § 212.172. The Parties agree that the following disclosure is sufficient for purposes of Section 212.172 (b-1) of the Texas Local Government Code: THE COMPANY IS NOT REQUIRED TO ENTER INTO THIS AGREEMENT AND HAS CHOSEN TO DO SO OF ITS OWN FREE WILL. AT THE TIME OF THIS AGREEMENT, THE CITY HAS THE AUTHORITY TO ANNEX THIS PROPERTY EITHER BY REQUEST OF THE OWNER UNDER SUBCHAPTER C-3 OF TEXAS LOCAL GOVERNMENT CODE CHAPTER 43 OR WITHOUT THE REQUEST OF THE OWNERS UNDER SECTION 43.0116 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS AGREEMENT OFFERS COMPANY PROTECTION FROM ANNEXATION UNDER SECTION 43.0116. IN EXCHANGE FOR THAT IMMUNITY, THE COMPANY REQUESTS ANNEXATION THROUGH PETITION IF COMPANY FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT. IN THE EVENT THAT COMPANY TRIGGERS ANNEXATION UNDER THIS SECTION 10.07, THE CITY WILL ACCEPT THE ANNEXATION PETITION AND PRESENT AN ANNEXATION ORDINANCE TO CITY COUNCIL FOR APPROVAL FOLLOWING A PUBLIC HEARING. NO FURTHER CONSENT OF THE LANDOWNER IS REQUIRED FOR ANNEXATION BY PETITION. THE CITY WAIVES IMMUNITY FROM SUIT ONLY FOR PURPOSES OF CHALLENGING AN ANNEXATION, ADMINISTERING PILOT PAYMENTS AND REFUNDS OR PURSUING REMEDIES UNDER ARTICLE 4. Section 10.08 Effect of Future Laws. To the extent allowed by the Constitution and laws of the State of Texas, no subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the CITY's ability to annex the Land covered herein pursuant to the terms of this Agreement. Section 10.09 Disannexation Acknowle2ment. In consideration of the disannexation of the subject property on or after the Effective Date the COMPANY agrees that the CITY is not obligated to reimburse any taxes under Section 43.148 of the Texas Local Government Code as any taxes previously received on the property were offset by the costs of services actually provided to the property. 13 Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Geographic ID's & CAD Type & Legal Descriptions of Land subject to this Agreement Form of Sworn Schedule of Values Petition for Annexation & Agreement for Provision of Municipal Services — to be executed at time of signatures to Agreement by all Land owners Form of Property Supplement Standard Industrial District Annexation 380 Agreement 14 EXECUTED this day of . 2024. CITY OF CORPUS CHRISTI A'1TEST: Assistant City Manager City Secretary LEGAL FORM APPROVED Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by Assistant City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. (seal) Notary Public LAND & IMPROVEMENTS OWNER ATTEST: Flint Hills Resources Corpus Christi, LLC By: Name: Name: Title: Title: LANDOWNER ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on day of , 2024, by as the Christi, LLC, a Delaware Limited Liability Company, on behalf of said company. of Flint Hills Resources Corpus Given under my hand and seal of office this day of , A.D., 2024 Notary Public (seal) 15 [To be inserted] Exhibit A Nueces CAD Geographic ID's & CAD Type & Legal Descriptions of Land subject to this Agreement Depictions of Land subject to this Agreement 16 Exhibit B Form of Sworn Schedule of Values for Industrial District AGREEMENT NO. 9C As of 1/1/ Due 8/31/ COMPANY NAME: Contact Name: Telephone: Address: Geographic ID# Description Earliest Date that Property was first placed in use or affixed to the Land if Property is an Improvement CAD Market Value Did CAD declare property exempt from taxation pursuant to Texas Property Code 11.31? COMPANY valuation in lawsuit filed by COMPANY Prior year CAD Market value Did CAD declare prior year property exempt from taxation pursuant to Texas Property Code 11.31 Total I , a duly authorized official of the above COMPANY, do swear that the information provided is accurate and within my knowledge. Signature Name & Title of Authorized Official Date Sworn to and subscribed before me by on this day of Notary Public (seal) 17 Exhibit C Petition for Annexation To: The City Council of The City of Corpus Christi, Texas: The undersigned Landowner(s) of the hereinafter described tract of Land, which is without residents, request the City Council of the City of Corpus Christi, Texas, to extend the present city limits of the City of Corpus Christi, Texas, to include as part of the City of Corpus Christi, Texas, the territory described in Exhibit A of the Industrial District Agreement to which this document is attached, and the document description herein is considered incorporated herein. We certify that this Land is not appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Texas Tax Code, Chapter 23, Subchapters C or D, as they may be amended or as timber land under Subchapter E of that chapter as it may be amended. Attached hereto is the Agreement for Provision of Municipal Services, fully executed by all of the undersigned Landowner(s). This Petition for Annexation of the above -described tract of land is intended to be signed and duly acknowledged by each and every owner of said Land. LANDOWNER ATTEST: Flint Hills Resources Corpus Christi, LLC By: Name: Name: Title: Title: LANDOWNER ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on day of , 2024, by , as the of Flint Hills Resources Corpus Christi, LLC, a Delaware Limited Liability Company, on behalf of said company. Given under my hand and seal of office this day of , A.D., 2024 Notary Public (seal) 18 Exhibit C Agreement for Provision of Municipal Services This Agreement for Provision of Municipal Services ("Service Agreement") pursuant to Texas Local Government Code §43.0672, as amended is entered into by and between the City of Corpus Christi ("CITY"), and Flint Hills Resources, LLC ("Landowner"). WHEREAS, the Landowner has requested that the City consider annexation of the territory described in Exhibit A of the Industrial District Agreement to which this document is attached situated in Nueces County, Texas, which is hereinafter described as the "Land"; WHEREAS, the CITY intends to institute annexation proceedings for the Land, and 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 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, and • this Agreement for Provision of Municipal Services will provide the Land 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; and • all statutory requirements for annexation have been satisfied and the CITY is authorized by Texas Local Government Code Chapter 43 to annex the Land into the CITY. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the CITY and the Landowner(s) agree as follows: Section 1. Recitals. The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided. The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. • Police Protection: The Corpus Christi Police Department will provide police protection at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. • Fire Protection: Except as varied pursuant to the Standard Industrial District Annexation 380 Agreement (if applicable) attached to the Industrial District Agreement to which this document is attached, the Corpus Christi Fire Department will provide fire protection and suppression at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. • Emergency Medical Service: The Corpus Christi Fire Depaitinent will provide emergency medical services at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. 19 • Solid Waste Collection: Solid waste collection and services will be provided at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. • 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 continue to be provided in accordance with the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code, Utility Department Policies, and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density, provided the service is not currently served by another utility through existing facilities located within or adjacent to the area. Water or wastewater facilities owned or maintained by the CITY at the time of the proposed annexation shall continue to be maintained by the CITY. 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 will be allowed contingent upon the property owner meeting all city, county, state and federal requirements. • Operation and Maintenance of Roads and Streets, including Street Lighting: Except as varied pursuant to the Standard Industrial District Annexation 380 Agreement(if applicable)attached to the Industrial District Agreement to which this document is attached, The City will maintain public streets, including road and street lighting, within the annexed area at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use, and population density. Any and all lighting of roads, streets, and alleyways that may be positioned in a right- of-way, roadway, or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations, and fees of the utility. • 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. • Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently, no other publicly owned facilities, buildings, or services are identified in the annexation area. If the City acquires any such facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. Section 3. Schedule of Services. In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Service 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 Service 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. Section 5. Term. The term of this Service Agreement is 10 years from the date the annexation is effective. Section 6. Vested Rights Claims. This Service Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 7. Legal Construction. No subsequent change in the law regarding annexation shall affect the enforceability of this Service Agreement. If any provision in this Service 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 Service Agreement will be construed as if the 20 unenforceable provision had never been a part of the Agreement. Whenever the context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Section 8. Venue and Applicable Law. Sole venue for this Service Agreement shall be in Nueces County, Texas. This Service Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 9. Authority. This Service Agreement binds and inures to the benefit of the CITY, LANDOWNER, and their successors and assigns. Each party further warrants that each signatory to this Service Agreement is legally authorized to bind the respective individual or entity for the purpose established herein. EXECUTED, this the day of , 2024. CITY OF CORPUS CHRISTI A'I IEST: Assistant City Manager City Secretary LEGAL FORM APPROVED Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by Assistant City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public (seal) LANDOWNER ATTEST: Flint Hills Resources Corpus Christi, LLC By: Name: Name: Title: Title: LANDOWNER ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me on day of , 2024, by , as the of Flint Hills Resources Corpus Christi, LLC, a Delaware Limited Company, on behalf of said entity. Given under my hand and seal of office this day of , A.D., 2024 (seal) Notary Public 21 Exhibit D Form of Property Supplement to Industrial District AGREEMENT NO. 9C This Supplement to Industrial District AGREEMENT NO. 9C (this "Supplement") between CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and Flint Hills Resources, LLC, a Delaware Limited Liability Company, Landowner and Improvements Owner, hereinafter collectively called the "COMPANY," is executed on the dates of execution of this Supplement as set forth immediately above the respective signatures of the CITY and the COMPANY below, but this Supplement shall be effective on the date on which the land described in the attached Description of Additional Land attached hereto was acquired by the COMPANY (the Supplement Effective Date"). WHEREAS, reference is hereby made to Industrial District AGREEMENT NO. 9C (the same, as heretofore amended and as heretofore supplemented, is herein called the "Industrial District Agreement") entered into on , 2024, by and between the COMPANY and the CITY; and WHEREAS, the COMPANY has acquired the land described by the applicable CAD Geographic ID number in the Description of Additional Land attached hereto which is located within an Industrial District, and, the COMPANY has provided the CITY with a revised Exhibit A - Geographic ID's & CAD Type & Legal Descriptions of Land subject to this Agreement to the Industrial District Agreement that includes a complete listing by CAD Geographic ID number of such acquired land and any Improvements thereon. WHEREAS, in furtherance thereof, and as provided for in the Industrial District Agreement, the CITY and the COMPANY desire to execute and deliver this Supplement to evidence that such acquired land is made subject to the terms and provisions of the Industrial District Agreement. NOW, THEREFORE, for and in consideration of the covenants and agreements contained herein and in the Industrial District Agreement, the CITY and the COMPANY hereby agree that the land described on the attached Description of Additional Land is hereby designated to be and constitutes additional Land for purposes of the Industrial District AGREEMENT NO. 9C and all of its exhibits effective as of the Supplement Effective Date. Each party hereto represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Supplement and all of the exhibits to the Industrial District Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained in all of those documents. ENTERED into this day of , 20 . CITY OF CORPUS CHRISTI ATTEST: Assistant City Manager City Secretary LEGAL FORM APPROVED Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by , Assistant City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public (seal) 22 LANDOWNER ATTEST: Flint Hills Resources Corpus Christi, LLC By: Name: Name: Title: Title: LANDOWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on day of 20 by as the of Flint Hills Resources Corpus Christi, LLC, a Delaware Limited Liability Company, on behalf of said entity. Given under my hand and seal of office this day of , A.D., 20_. (seal) Notary Public IMPROVEMENTS OWNER ATTEST Flint Hills Resources Corpus Christi, LLC By: Name: Name: Title: Title: IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on day of , 20, by , as the of Flint Hills Resources Corpus Christi, LLC, a Delaware Limited Liability Company, on behalf of said entity. Given under my hand and seal of office this day of , A.D., 20. Notary Public (seal) 23 Exhibit E Standard Industrial District Annexation 380 Agreement This Agreement ("Agreement") is made and entered into as of (the "Effective Date"), by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and Flint Hills Resources Corpus Christi, LLC, a Delaware Limited Liability Company, Landowner and Improvements owner, hereinafter collectively called the "COMPANY." pursuant to Chapter 380 of the Texas Local Government Code. WHEREAS, the COMPANY or an Affiliate thereof desires to voluntarily be annexed into the CITY limits of Corpus Christi and agreed to this voluntary annexation as a condition of entry into an industrial district agreement with CITY; and WHEREAS, the CITY has established a program in accordance with Article III, Section 52- a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380") under which the CITY has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the CITY; and WHEREAS, the CITY has concluded and hereby finds that this Agreement promotes economic development in the CITY of Corpus Christi and, as such, meets the requirements under Chapter 380 and the CITY's established economic development program, and, further, is in the best interests of the CITY and COMPANY; and WHEREAS, the CITY recognizes the positive economic impact that the COMPANY's investment in COMPANY's industrial facility will bring to the CITY through development and diversification of the economy, reduction of unemployment and underemployment through the retention of existing jobs and the production of new jobs, and the attraction of new businesses; and as described in this Agreement; and WHEREAS, consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 and other law, CITY and the COMPANY as contemplated in this Agreement agree to work together to cause the public purposes of developing and diversifying the economy of the state, reducing unemployment or underemployment in the state, and developing or expanding transportation or commerce in the state; and WHEREAS, to ensure that the benefits the CITY provides under this Agreement are utilized in a manner consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 and other law, the COMPANY has agreed to comply with certain conditions for receiving those benefits, and WHEREAS, the CITY and the COMPANY desire to enter into this Agreement for their mutual benefit; NOW, THEREFORE, for and in consideration of the foregoing recitals and of the mutual promises, obligations, covenants and benefits herein contained, CITY and the COMPANY contract and agree as follows: Article 1. General Terms Section 1.01 Definitions. The following terms have the following meanings: a. Affiliates. As used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over 50% or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1986, as amended. 24 b. Appeal Rebate Date. Ninety days after the termination of the COMPANY's rights to appeal the value of an appealed CAD Geographic ID via lawsuit, protest, appeal or other legal proceeding and the COMPANY's notification thereof to the CITY. c. Business Personal Property. Taxable tangible personal property, including inventories, located on the Land. d. CAD. The county appraisal district (either the Nueces County Appraisal District [NCAD] or the San Patricio County Appraisal District [SPCAD]) responsible for appraising the Land and Improvements located within the boundaries of such appraisal district.. e. Calendar Year. A period of time beginning January 1 and ending December 31 in a numbered year. f. Existing Improvements. Improvements other than New Improvements. g. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Improvements include Existing Improvements and New Improvements. h. Land. "Land" shall mean the land owned by the COMPANY or its Affiliate described in Exhibit A attached to the Industrial District Agreement to which this document is attached. i. Market Value. As determined and defined by the applicable CAD. j. New Improvement. Improvements which have been affixed to the Land and Placed in Use for four or fewer Calendar Years. On the fifth calendar year after the New Improvement has been affixed to the Land or Placed in Use, it will be considered an Existing Improvement. k. Non -Appeal Rebate Date. April 1 following the relevant tax year or 60 days following the COMPANY's payment of ad valorem taxes for an unappealed CAD Geographic ID, whichever is later 1. Placed in Use. Improvements that are completed and placed in use and are not listed by the applicable CAD as Construction Work in Progress (CWIP). Section 1.02 Continuation of Land Use Under Sec. 43.002 Local Govt Code; Industrial Use of Land may continue; Exclusions from City Code Regulatory and Permit Requirements that may limit Industrial Use: a. CITY and COMPANY agree that Sec. 43.002, Tex. Loc. Govt. Code ("Sec. 43.002) provides that CITY may not prohibit COMPANY from continuing to use land in the manner in which the land was being used on the date the annexation proceedings were instituted. Subject to rights existing under Sec. 43.002, COMPANY and CITY mutually stipulate that the Land annexed into the City was being used at the time of annexation for uses that fall within the Heavy Industrial (IH) zoning district under the Corpus Christi City Code. CITY will, after a COMPANY request that cites this provision, promptly initiate and pursue a zoning case for the Land, without zoning fees being assessed to COMPANY, to be zoned IH (or such other zoning district that permits COMPANY's industrial activities), without the need for any additional CITY permits. b. CITY and COMPANY stipulate that, as a matter of law, Sec.43.002 guarantees to COMPANY the right to use the Land for Heavy Industrial Uses and other uses that might be authorized within the IH zone without the necessity for additional licenses, certificates, permits, approvals, or other forms of authorization, including but not limited to Conditional Use Permits or Special Use Permits To the extent that any court, board, commission, or other entity proposes or requests any permits or other authorizations be required as a result of annexation into the City limits, the CITY agrees to support, and if requested, request the issuance of such 25 permits or other authorizations. c. CITY stipulates that, during the term of this Agreement and as a provision of this Agreement, the entirety of the Land will be treated as "IH" (Heavy Industrial) or equivalent zoning district for purposes of Corpus Christi City Code Section 14-231, including that Section's exemption of IH-zoned Land from the requirements of the necessity of obtaining building permits and compliance with the Technical Construction Codes of the CITY. d. Corpus Christi City Code Section 14-231 currently provides as follows, which terms the Parties agree and stipulate shall be applicable to new construction on the Land except as otherwise provided in this Section 1.02: Section 105.1.4 Building Permit Exemptions: (a) Definitions. For the purposes of this section: State or Federal Facility means a facility owned or managed by the State of Texas or the federal government. Industrial Facility means a facility used to manufacture, compound, package, process, refine, sort, test, and treat raw materials and other processed materials into finished or intermediate products and to store equipment or materials used by that industrial facility. Agricultural Facility means any structure on a tract of land larger than 10 acres used exclusively in connection with ranching or agricultural use, excluding structures used for residential, commercial, or industrial purposes. (b) Exemption. A State or Federal Facility, Industrial Facility, or Agricultural Facility may claim an exemption from the City's requirement for technical construction code permits if all connections between the aforesaid facility and the city water system are equipped with a backflow prevention device or air gap. (c) An Industrial Facility can only claim the technical construction code permit exemption if: 1.the facility or industrial processing unit is inaccessible to the general public; 2.the facility or unit is zoned IH or occupies a site of 20 or more contiguous acres; 3.the facility or structure is not within 150 feet from the I-37 right-of-way; and 4.the construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the facility or unit is under a licensed professional engineer's observation and direct supervision. The licensed professional engineer will certify that all improvements meet the intent or spirit of the City's technical construction codes and life safety criteria for the occupancy as outlined in Chapter 14 of the Corpus Christi Code. (d) The building official and/or Corpus Christi Water representative has the right to inspect any installations connected to the city water system to the point of the valves or safety devices to ensure the connection to a backflow prevention device or air gap. (e) Any State or Federal Facility, Industrial Facility, or Agricultural Facility that does not have the required technical construction code permits and does not install backflow prevention devices or air gaps at all connections to the city water system authorizes the City to refuse to connect or the City to disconnect the connection from the city water supply system. (f) Any State or Federal Facility, Industrial Facility, or Agricultural Facility that fails to test or timely provide test results or maintain the required backflow prevention device in good operating condition authorizes the City to refuse to connect or the City to disconnect the connection from the city water supply system. e. Prior to annexation, none of the Land was subject to CITY ordinances; therefore, it is the intent of the Parties that no part of the Corpus Christi Code of Ordinances shall have the effect of disrupting the industrial operations of COMPANY. Accordingly, the following provisions of the Corpus Christi City Code and other rules and policies of CITY will not apply to the Land: (1) Any provision of Chapter 13 or 14 of the City Code requiring notifications to CITY or permits to be issued by CITY, other than: 26 (a) Section 105.1.4 of Section 14-231 of the City Code, except as modified in this section, and (b) Article V (Flood Hazard Prevention Code) of Chapter 14 of the City Code, as amended and/or renumbered. (2) Any ordinances, rules, policies, or other regulatory provisions of CITY addressing a field or area of regulation occupied by a provision of the following codes adopted by the State of Texas: Agricultural Code, Finance Code, Insurance Code, Labor Code, Natural Resources Code, and Occupations Code. (3) The provision of Section 105.1.4(c)(3), set out above, regarding a minimum distance from the I-37 right-of-way may be modified administratively for good cause upon application to the CITY Director of Development Services (or the successor to that position.) (4) The provision of Section 105.1.4(c)(4), set out above, regarding certification by a licensed professional engineer shall not be applicable to construction, assembly, disassembly, reassembly, modification, alteration, or improvement of the facility or unit provided that COMPANY represents in writing to the CITY Director of Development Services (or the successor to that position) that COMPANY conducts its operations in accordance with currently applicable industry standards and codes. This provision does not require COMPANY to make any written representation to CITY about its maintenance and operations (such as assembly, disassembly, modification, or alteration) that would not otherwise fall within CITY technical construction codes. (5) The provisions of Sec. 105.1.4 (d), (e) and (f) are modified to provide that, upon COMPANY'S request citing this section and obligation, the CITY's director of water or authorized equivalent will review the COMPANY's proposed use of an alternative backflow prevention method and determine whether that proposed method provides the same or greater level of reliability, effectiveness, and ease of verifiability at or near the City's water -connection location as a reduced pressure backflow preventer (assembly). After such review and determination, CITY and COMPANY will jointly approach the Texas Commission on Environmental Quality (TCEQ) to request TCEQ review of the proposed alternative backflow prevention method. If TCEQ approves a jointly -proposed alternative backflow prevention method, then the CITY will allow the use of said proposed alternative backflow prevention method unless the CITY determines that said proposed alternative backflow prevention method will not provide the same or greater level of reliability, effectiveness, and ease of verifiability at or near the City's water - connection location as a reduced pressure backflow preventer (assembly). After a written request by COMPANY, CITY shall provide such determination in writing by a licensed professional engineer with expertise in industrial and municipal systems that utilize backflow prevention technologies. If the CITY does not respond within 60 days of such written COMPANY request, then the request for use of said jointly -proposed, TCEQ-approved alternative backflow prevention method will be deemed approved. Section 1.03 Annexation and City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utilities or other CITY services, except for services that are being provided to and paid for by the COMPANY on the Effective Date, or as otherwise stated herein. The COMPANY agrees and stipulates that the annexation is valid, and the COMPANY has no right to challenge the annexation of the Land by the CITY. 2. Term Section 2.01 Term. This Agreement shall be effective upon annexation of the Land and continue until December 31, 2039, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code. If this agreement becomes effective after December 31, 2034, then the CITY will consider extending the termination date of this agreement for a period of up to 5 years. 27 Article 3. Left Blank Article 4. Default and Cessation of Operations Section 4.01 Default by CITY. If the CITY does not perform its obligations hereunder in substantial compliance with this Agreement and, if such default remains uncured for a period of 60 days after notice thereof shall have been given, in addition to the other rights under the law or given the COMPANY under this Agreement, the COMPANY may enforce specific performance of this Agreement and seek an injunction or writ of mandamus to perform obligations under this Agreement. Section 4.02 Default by COMPANY. If the COMPANY does not perform its obligations hereunder in substantial compliance with this Agreement, and, if such default remains uncured for a period of 60 days after notice thereof shall have been given or such longer period as is reasonably necessary to cure default if such default cannot be cured within 60 days not withstanding COMPANY's reasonable efforts to effectuate a cure, the CITY may terminate this Agreement and CITY's obligation to pay any funds to COMPANY under this Agreement will terminate. Section 4.03 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by either party of any of the terms or conditions of this Agreement, the non -defaulting party shall give the other party written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the allegedly defaulting party will be afforded 60 days within which to cure the alleged default. Section 4.04 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.05 Limitation of Liability. In no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages. Article 5. Description of Applicable Property Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with an updated listing of Geographic ID numbers, as available from the applicable CAD, for property located on the Land, to be attached hereto and incorporated into the description of the Land on Exhibit A of the Industrial District Agreement to which this document is attached and supplements thereto, to the extent such Land has been annexed into the territorial limits of the City. Article 6. Transfer of Land or Property to another Entity, Adding or Removing Affiliates, and Remitting Taxes Section 6.01 Sale or Lease. If the COMPANY sells or leases all or a portion of the Land or Improvements to any entity, the COMPANY shall within 90 days give notice to the CITY of said sale or lease. Section 6.02 Assignment. This Agreement may be assigned by the COMPANY to a new owner of Land only with the prior, written approval of the CITY. The CITY may choose to permit assignment and/or require the COMPANY to execute a new 380 agreement with the CITY. If the COMPANY and proposed Assignee are in compliance with all obligations to the CITY, then the CITY will not unreasonably withhold permission for assignment or execution of a new 380 agreement. The mere right to payment pursuant to this agreement may not be assigned. Section 6.03 No Third -Party Beneficiaries, Setoff. Except as specifically assigned with permission of the CITY, no entity other than CITY or COMPANY shall have any right in this agreement or funds due pursuant to this Agreement. Further, the purpose of this agreement is to incentivize the continued operation and expansion of COMPANY. If the COMPANY fails to make payments of taxes or other amounts to the City, then amounts in the Reimbursement Account may be transferred to the CITY in satisfaction of any debts to the CITY. In the event that COMPANY ceases 28 to do business on the Land, becomes insolvent or otherwise ceases to pay creditors as its debts becomes due, then amounts in the Reimbursement Account will inure to the CITY. Amounts in the Reimbursement Account will not be assignable, and creditors of COMPANY shall have no claim to any amounts in the Reimbursement Account or amounts otherwise owed or payable by CITY to COMPANY. Section 6.04 Adding Affiliates to Agreement. Affiliates who own property in the area of the Land may be added or removed for purposes of this Agreement. Any Affiliates added will need to agree to be governed by the terms of this agreement. The parties to this Agreement intend to prepare standardized forms to enable Affiliates to be added or removed efficiently. Article 7. Procurement Section 7.01 Buy Local. COMPANY shall use commercially reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Article 8. Miscellaneous Provisions Section 8.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be illegal, invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 8.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 8.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: If to CITY: City Manager, City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469- 9277 Phone: 361-826-3220 Fax: 361-826-3845 With copies to: City of Corpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 If to COMPANY: Flint Hills Resources Corpus Christi, LLC (Owner of the Land & Improvements) Attn: Tax Manager 29 P. O. Box 2900 Wichita, KS 67201-2900 Phone: 316-828-3303 With copies to: Flint Hills Resources Corpus Christi, LLC Attn: Manufacturing Manager P. O. Box 2608 Corpus Christi, TX 78409 Section 8.04 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and the sole legal venue for construction of this agreement will be in a court in Nueces County, Texas. Section 8.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 8.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. The CITY waives immunity from suit pursuant to this Agreement only for the purpose of administering payments due to COMPANY pursuant to Articles 3 or 4 of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be duly executed as of the day of , 20 . CITY OF CORPUS CHRISTI Af1EST: Assistant City Manager City Secretary LEGAL FORM APPROVED Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by , Assistant City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. (seal) Notary Public 30 LAND & IMPROVEMENTS OWNER ATTEST: Flint Hills Resources Corpus Christi, LLC By: Name: Name: Title: Title: LAND & IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on day of , 2024, by , as the of Flint Hills Resources, LLC, a Delaware Limited Liability Company, on behalf of said entity. Given under my hand and seal of office this day of Notary Public (seal) , A.D., 2024 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of December 10, 2024 Second Reading Item for the City Council Meeting of January 14, 2025 DATE: December 10, 2024 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director, Parks and Recreation Robertd4@cctexas.com 361-826-3133 Joint Use Agreement with WellMed Charitable Foundation for Zavala Senior Center and Joe Garza Recreation Center CAPTION: Ordinance authorizing a three-year Joint Use Agreement with WellMed Charitable Foundation for the operation and use of the Zavala Senior Center located at 510 Osage Street and the use of Joe Garza Recreation Center located at 3204 Highland Avenue, with two one-year options. PURPOSE: The Parks & Recreation Department and the WellMed Charitable Foundation (WCF) are proposing a collaborative effort to provide essential services to the senior community. This unique approach will offer a multitude of activities and services at no cost to people 50 years of age and older. WCF has a mission to support seniors and their caregivers with a special emphasis on prevention, wellness, and living well with chronic illness. The City is recognized as having a commitment to providing senior citizens with comprehensive services that will enhance their social, psychological, and physiological wellbeing. BACKGROUND AND FINDINGS: The Mayor and City Council approved a similar Joint Use Agreement with WCF in 2015, that expired on September 15, 2020. WFC has been successful with similar Joint Use Agreements in other communities. The Parks & Recreation Department proposes to continue this collaborative effort to offset budget reductions causing limited hours of operation, limited staff, and reduced programming and services for the senior community. WCF will be responsible for the day-to-day management of Zavala Senior Center and shall provide, oversee, administer, and carry out the following activities/services at no cost to senior and the City: • Fitness/recreation activities; • Multigenerational programming opportunities (arts/crafts, computer classes, etc.); • Health, wellness, and disease prevention educational programs; • A dedicated call center for no cost qualification checks or renewals of Medicare Savings Programs. In addition, WCF will contribute up to $108,000.00 to complete renovations and improvements to the Zavala Senior Center as stated in the Agreement including: • Interior painting including doors, frames, and walls. • Installation of covered walkway between Zavala Senior Center and Joe Garza Recreation Center. • Removing carpet. The City is responsible for all Senior Center maintenance, including utilities and major repairs (non -cosmetic, structural repairs) to the Senior Center. This includes but is not limited to A/C repair, fencing, and lights. In addition, the WCF will utilize the Joe Garza Recreation Center solely for the purpose of providing senior educational classes. The City will continue to manage the Nutrition Program (60 years of age & older), providing daily congregated meals with WCF assisting in serving the meals. WCF staff members that assist with serving meals will maintain a Food Manager Certification as well as a Food Handlers Certificate. ALTERNATIVES: The Mayor and City Council may choose not to approve the Joint Use Agreement or request that the Parks & Recreation Department further explore other management options. However, doing so will severely impact much needed services to the senior community of which the Parks & Recreation Department does not have the adequate resources to provide these essential services in-house. FINANCIAL IMPACT: There is no fiscal impact related to this Joint Use Agreement. RECOMMENDATION: Staff recommends approval of the Joint Use Agreement with WellMed Charitable Foundation for the operation and use of the Zavala Senior Center and the use of Joe Garza Recreation Center. LIST OF SUPPORTING DOCUMENTS: Ordinance Joint Use Agreement Presentation Ordinance authorizing a three-year Joint Use Agreement with WellMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue, with two one-year options. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: The City Manager is authorized to execute a three-year Joint Use Agreement with WellMed Charitable Foundation for operation and use of the Zavala Senior Center located at 510 Osage Street and Joe Garza Recreation Center located at 3204 Highland Avenue, with two one-year options. Introduced and voted on the day of PASSED and APPROVED on the day of ATTEST: , 2024. , 2024. Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CORPUS CHRISTI PARKS& RECREATION A Three -Year Joint Use Agreement with WellMed Charitable Foundation for the operation & use of the Zavala Senior Center & the use of Joe Garza Recreation Center City Council Meeting December 10, 2024 Background • The Mayor & City Council approved a similar Joint Use Agreement with the WellMed Charitable Foundation (WCF) in 2015, and it expired on September 15, 2020. • The Parks & Recreation Department & WCF apply a joint collaborative effort to address/provide a multitude of essential services at no cost to persons 50 years of age and older. • Parks & Recreation propose to continue this collaborative effort as the department has experienced budget reductions over the last decade which led to limited hours of operation/staff, programming & services at Zavala Senior Center & Joe Garza Recreation Center. CORPUS CHRISTI PAR KSS. Joint Use Agreement ➢ WCF will be responsible for the day-to-day management of Zavala Senior Senior Center & shall provide, oversee, administer & carry out the following activities/services at no cost to the City & at no cost to seniors: • Fitness/recreation activities; • Multigenerational programming opportunities (arts/crafts; computer classes, etc.); • Health, wellness & disease prevention educational programs; • A dedicated call center for no cost qualification/renewals of Medicare Savings Programs. ➢ WCF will also contribute up to $108,000.00 to complete the following renovations & improvements to the Zavala Senior Center: • Painting all the interior to include doors, frames, and walls. • Installation of covered walkway between Zavala backdoor and Joe Garza. • Removing carpet. CORPUS CHRIST1 PARKSS. RECREATION Recommendation • Staff recommends approval of Joint Use Agreement with WellMed Charitable Foundation for the operation and use of the Zavala Senior Center and the use of Joe Garza Recreation Center. 4, CORPUS CHRISTI PAR K56 RECREATION AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 10, 2024 Second Reading for the City Council Meeting of January 14, 2025 DATE: November 4, 2024 TO: Peter Zanoni, City Manager FROM: Michael Dice, Development Services Department Michaeld3@cctexas.com (361) 826-3596 Rezoning for a property at or near 6817 Brooke Road CAPTION: Zoning Case No. ZN8477, MPM Development LP (District 5). Ordinance rezoning a property at or near 6817 Brooke Road, from the "RM-2" Multifamily District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval). (Requires 2/3 vote). SUMMARY: This item is to rezone the property to allow for general commercial use. BACKGROUND AND FINDINGS: The subject property is 9.94 acres and is platted. The subject property is currently zoned "RM-2" Multifamily District and is presently vacant. To the north, properties are vacant and medium -density residential, zoned "CN-1" Neighborhood Commercial and "RS-6" Single -Family 6. To the south are medium -density residential zoned "RM-3" Multifamily District and "RS-6" Single -Family 6 District. To the east, are public/semi- public uses zoned "FR" Farm Rural. The applicant is requesting a zoning change for general commercial uses. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and indoor recreation uses (including bars and nightclubs). The proposed rezoning is consistent with Plan CC; however, is inconsistent with the future land use designation of medium -density residential. The proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area and will have no adverse impact on the neighborhood. The property to be rezoned is suitable for the uses to be permitted by the proposed amendment. 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). • Required Buffer Yard (to "RS-6") will be a Type C requiring 15 feet and 15 points. (An example of achieving 15 points could be a 6-foot solid masonry wall). Public Input Process: Number of Notices Mailed: 44 notices were mailed within the 200-foot notification area, and 0 outside the notification area. As of November 11, 2024 In Favor 0 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area A total of 1.03% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the change of zoning from the "RM-2" Multifamily District to the "CG-2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (October 30, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "RM-2" Multifamily District to the "CG-2" General Commercial District. Vote Results For: 5 Against: 0 Absent: 4 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8477, MPM Development LP (District 5). Ordinance rezoning property at or near 6817 Brooke Road from the "RM-2" Multifamily District to the "CG-2" General Commercial district; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). (Requires 2/3 vote). 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 Lot 9, Block 4, Bourdeaux Place Unit 5, as shown in Exhibit "A", from: The "RM-2" Multifamily District to the "CG-2" General Commercial District. The subject property is located at or near 6817 Brooke Road, Exhibit A, a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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 3 A-1 Ayanment Hausa 6istrim A-1A Apartment House District A-2 Apartment House District AB Professional Office District AT B-1 B-IA B-2 B-2A B-3 B4 B-5 B-0 BO F-R HC Apartment -Tourist District Neighborhood Business District Neighborhood Business District Bayr t Business District Barrier Island Business District Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist Farm Rural District Hismri.aI-C Mural Landmark Preservation EXHIBIT A CASE: ZNS477 SUBJECT PROPERTY WITH ZONING Subject Property 4i -2 1-3 PUD R-1A R-1B R-1C R-2 RA RE R-TH SP T-1A. T-1B T-1C Limited In austral Dis'ricl Light Industrial District Heavy industrial DiSinrti Panned Lind Devebpment One Family Dwelling District One Famiy Dwelling Diso-ip One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Party Drs4ict Marnulatured Home Park District Manufactured Home Subdivision District RM-3 (filly [ Corpus 1i Fltill SUBJECT PROPERTY Esri, HERE Cisrroir IlIrPFn1FAIT o 1LOCATION MAPj Page 3 of 3 ZONING REPORT Case # ZN8477 Applicant & Subject Property District: 5 Owner: MPM Development LP. Applicant: MPM Development LP. Address: 6817 Brooke Road, located south of Brooke Road, and west of Airline Road. Legal Description: Lot 9, Block 4, Bourdeaux Place Unit 5. Acreage of Subject Property: 9.94 acres. Zoning Request From: "RM-2" Multifamily District To: "CG-2" General Commercial District Purpose of Request: To allow for general commercial use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RM-2" Multifamily Vacant Low/High-Density Residential North "CN-1' Neighborhood Commercial, "RS-6" Single- Family 6 Vacant, Low -Density Residential Medium -Density Residential South "RM-3" Multifamily, "RS-6" Single -Family 6 Medium -Density Residential Medium -Density Residential East "FR" Farm Rural Public/Semi-Public High -Density Residential West "RS-6" Single -Family 6 Low -Density Residential Medium -Density Residential Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 68, Page 676. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District ("CZ; APZI, APZII"). Code Violations: None. Transportation and Circulation Brooke Road Designation Section Proposed/Existing "C1" Collector 2 Lanes, 60 feet Airline Road Designation Section Proposed Section Existing "Al" Minor Arterial 4 Lanes, 95 feet Center Turn Lane 4 Lanes, 86 feet Center Turn Lane Transit: The Corpus Christi RTA does not service the subject property. Bicycle Mobility Plan: A One-way Cycle Track (both sides) is proposed along Brooke Road. Utilities Gas: A 4-inch PE line exists along Airline Road. Stormwater: Various lines exist along Airline and Brooke Roads. Wastewater: 27-inch and 12-inch PVC lines exist along the Airline and Brooke Roads. Water: An 8-inch PVC line exists along the Airline Road. 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 Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 44 within a 200-foot notification area 0 outside 200-foot notification area In Opposition 1 inside the notification area 0 outside the notification area 1.03% in opposition within the 200-foot notification area (1 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: October 30, 2024 City Council 1st Reading/Public Hearing Date: December 10, 2024 City Council 2nd Reading Date: January 14, 2025 Background: The subject property is currently zoned "RM-2" Multifamily District and is presently vacant. To the north, properties are vacant and medium -density residential, zoned "CN-1" Neighborhood Commercial and "RS-6" Single -Family 6. To the south, proper are medium -density residential zoned "RM-3" Multifamily District and "RS-6" Single -Family 6 District. To the east, are public/semi-public uses zoned "FR" Farm Rural. The applicant is requesting a zoning change for general commercial uses. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and indoor recreation uses (including bars and nightclubs). Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: o Housing and Neighborhoods: 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. 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. • Encourage orderly growth of new residential, commercial, and industrial areas. • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Corpus Christi has well -designed neighborhoods and built environments. Screening fences, open spaces, or landscaping can provide an essential buffer between shopping and residential areas. Southside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Southside ADP ; however is not consistent with the FLUM designation of High -Density Residential. • Promote land development that enhances the character and opportunities in the southside. o Attract diverse, new, commercial development to vacant, non-residential, infill parcels. • Work with neighborhoods and districts on targeted Future Land Use Map updates and possible rezoning if desired. 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, is inconsistent with the future land use designation of medium -density residential. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area and will have no adverse impact on the neighborhood. • The property to be rezoned is suitable for the uses to be permitted by the proposed amendment. Permitting Process: (If applicable) 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). • Required Buffer Yard (to "RS-6") will be a Type C requiring 15 feet and 15 points. (An example of achieving 15 points could be a 6-foot solid masonry wall). Planning Commission and Staff Recommendation (October 30, 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 "RM-2" Multifamily District to the "CG-2" General Commercial District. Attachment(s): (A) Existing Zoning and Notice Area Map. CASE: ZN8477 Zoning and notice Area RM-1 Multifamily RM-2 Multifamily RM_3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 CR-2 CG-1 CG-2 CI COD CR-3 FR Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUB Planned Unit Dev. Overlay R5-10 Single -Family 10 RS-6 SingleFamily6 RS-4.5 Single -Family 4.5 RS-TF Two -Family RS-15 Single -Family 15 RE Residential Estate RS-TN Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home I IWbjec0ProMefty OOwners buffer favor 4 Owners within 200' feted on Demers attached ownership table Ain s540siaon SUBJECT PROPERTY Esri, HERE r; r,^'^ IMrFMFNIa T LOCATION MAP CASE: ZN8477 Aerial View Subject Property SUBJECT PROPERTY City of Corpus Christi IAA CA DR Esri, HERE rrn,i., IMr'RFAAFr\IT P LOCATION MAPj Zoning Case ZN8477 MPM Development LP District 5 Rezoning for a property at 6817 Brooke Road From the "RM-2" to the "CG-2" N r SUBJECT PROPERTY LOCATION MAP' City Council December 10, 2024 Zoning and Land Use "CN-1" 05/23/2015 1 N 1 Proposed Use: To allow for general commercial uses. ADP (Area Development Plan): Southside, Adopted on March 17, 2020 FLUM (Future Land Use Map): High -Density Residential Existing Zoning District: "RM-2" Multifamily Adjacent Land Uses: North: South: East: West: Vacant, LDR; Zoned: CN-1, RS-6 LDR, MDR; Zoned: RM-3, RS-6 Public/Semi-Public; Zoned: FR LDR; Zoned: RS-6 Public Notification 44 Notices mailed inside the 200' buffer 0 Notices mailed outside the 200' buffer Notification Area Opposed: 1 (1.03%) Separate Opposed Owners: (0) x In Favor: 0 (0.00%) *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 inconsistent with the Future Land Use Map designation of medium - density residential, however, is consistent with broader elements and goals of the comprehensive plan including: o Encouraging appropriate transitions between commercial and residential developments o Encourage orderly growth of new residential, commercial, and industrial areas • The request is compatible with adjacent zoning and conforming uses of the nearby property. o A Type C Buffer will be required at the time of permitting, consisting of 15 feet and 15 points, which can be achieved with a 6-foot masonry wall. PLANNING COMMISSION & STAFF RECOMMEND APPROVAL TO THE "CG-2" GENERAL COMMERCIAL DISTRICT AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2025 DATE: TO: January 14, 2025 Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3935 Sergio Villasana, Director of Finance SergioV2@cctexas.com (361) 826-3227 Purchase of two Side Mount 500-gallon Pumper Fire Trucks for the Corpus Christi Fire Department CAPTION: Motion authorizing the purchase of two replacement side mount 500-gallon pumper fire trucks from Metro Fire Apparatus Specialists, of Houston, through the HGACBuy Cooperative, for the Corpus Christi Fire Department in the amount of $2,147,998.00, with FY 2025 funding from the General Fund. SUMMARY: This motion authorizes the purchase of two replacement side mount 500-gallon pumper fire trucks from Metro Fire Apparatus Specialists, Inc., of Houston, through the HGACBuy Cooperative, in the amount of $2,147,998.00. The two replacement side mount 500-gallon pumper fire trucks will be utilized by the Corpus Christi Fire Department (CCFD). BACKGROUND AND FINDINGS: Pumper fire trucks provide water for fire streams or to support other pumpers or aerial apparatuses when combating structural and associated fires. Currently, CCFD has 21 pumper fire trucks in total, of which 15 units are frontline, and six units are reserve status. The two replacement side mount 500- gallon pumper fire trucks will replace two current pumper fire trucks in the Corpus Christi Fire Department's (CCFD) fleet. The two current pumper fire trucks that are being replaced are 19 years old and have reached the end of their useful service lives. Once replaced, the current fire pumper trucks will be placed into reserve status. The expected delivered dates for the two replacement side mount 500-gallon pumper fire trucks are August 2025 and January 2026, respectively. CCFD will receive the two replacement pumper fire trucks quicker than previous orders with previous vendors. This is because the two replacement units are stock units, as opposed to custom-built units, which allows for a faster delivery timeline. The two replacement stock units are quicker to build and have all of the specification to meet CCFD's needs. This streamlined approach not only accelerates the delivery process but also provides CCFD with high- quality, fully equipped pumpers that are capable of serving CCFD's needs effectively and efficiently. The combination of quick availability and cost savings make the two replacement side mount 500-gallon pumper fire trucks an ideal solution for CCFD. The two replacement units will be assigned to Fire Station #12 (2120 Rand Morgan Rd) and Fire Station #13 (1802 Waldron Road) due to these two stations' very high response volume. The two replacement units will increase the safety and effectiveness of the CCFD's firefighting crews as they will have modern technology and safety features that are not available on the current pumper fire trucks. The two replacement units will also help the CCFD maintain the emergency response service that is required and needed throughout the city. Below is a chart signifying the 15 CCFD fire stations with front line pumper fire trucks. Fire Station 2, Fire Station 7, and Fire Station 15 do not have a pumper fire truck; however, they each have an Aerial Ladder Fire Truck. Station Address Pumper Fire Truck Council District 1 514 Belden 78401 Yes 1 2 13421 Leopard St 78410 No 1 3 1401 Morgan Ave 78404 Yes 1 4 2338 Rodd Field Rd 78414 Yes 4 5 3105 Leopard St 78408 Yes 1 6 6713 Weber Rd 78413 Yes 3 7 3722 S Staples St 78411 No 2 8 4645 Kostoryz Rd 78415 Yes 2 9 501 Navigation Blvd 78408 Yes 1 10 1550 Horne Rd 78416 Yes 3 11 910 Airline Rd 78412 Yes 4 12 2120 Rand Morgan Rd 78410 Yes 1 13 1802 Waldron Rd 78418 Yes 4 14 5901 S Staples St 78413 Yes 3 15 14202 Commodores Dr 78418 No 4 16 8185 State Hwy 361 78418 Yes 4 17 6869 Yorktown 78414 Yes 5 18 6226 Ayers St 78415 Yes 3 This item is an FY 2025 Budget Initiative, with funds allocated for the purchase of two replacement side mount 500-gallon pumper fire trucks. PROCUREMENT DETAIL: This procurement is through the HGACBuy Cooperative. Contracts awarded through the HGACBuy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The table below demonstrates that Metro Fire Apparatus Specialists, Inc., through the HGACBuy Cooperative, offers a cost savings of 8.37% (89,845.00) compared to a purchase through the BuyBoard Cooperative for a similar base model and options. Lead time is also a determining factor in the purchase. Metro Fire Apparatus Specialists, Inc., of Houston, Texas Siddons-Martin Emergency Group HGAC BuyBoard Description Base Rate & Options per Unit Base Rate & Options per Unit Variance % per Unit Variance $ per Unit 500 Gallon Side Mount Pumper $1,072,999.00 $1,162,844.00 8.37% $89,845.00 Cooperative Fee $2,000.00 ($1,000.00 per unit) $1,500.00 ($750.00 per unit) -25.00% -$500.00 (-$250 per unit) TOTAL $1,073,999.00 $1,163,594.00 8.34% $89,595.00 ALTERNATIVES: The alternative is to not purchase the replacement pumper fire trucks and to continue to utilize less reliable, reserve fire trucks. However, this would increase costs of repairs and increase out -of -service times of fire trucks. FISCAL IMPACT: The fiscal impact for CCFD in FY 2025 is an amount of $2,147,998.00 which will be paid through the General Fund. This item is an FY 2025 Budget Initiative, with funds allocated for the purchase of two replacement side mount 500-gallon pumper fire trucks. FUNDING DETAIL: Fund: 1020 Organization/Activity: 12010 Department: 10 Project # (CIP Only): N/A Account: 550020 General Fund Fire Stations Fire Department Vehicles & Machinery Amount: $2,147,998.00 RECOMMENDATION: Staff recommends approval of the purchase of two replacement side mount 500-gallon pumper fire trucks from Metro Fire Apparatus Specialists, Inc., of Houston, Texas, through the HGACBuy Cooperative, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Finance & Procurement Sr. Buyer: Marco Lozano Price Sheet Purchase of Two 500 Gallon Pumper Fire Trucks HGACBuy Contract : FS12-23 Metro Fire Apparatus Specialists, Inc. Houston, TX Item Description Quantity Unit Price Extended Total 1 ERV Legend Side Mount Pumper, FC-94 Chassis (4dr), Single Axle, 500 Gal Tank, 1250 GPM Pump 2 $ 1,072,999.00 $ 2,145,998.00 2 HGACBuy Fee 1 $ 2,000.00 $ 2,000.00 Total: $ 2,147,998.00 AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2025 DATE: December 10, 2024 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN@cctexas.com 361-826-3111 Sergio Villasana, Director of Finance S e rq i ov2 g cctexa s. co m 361-826-3227 Retainers, Restraints, Gaskets and Related Supplies CAPTION: Motion authorizing execution of a one-year supply agreement, with two one-year options, with Ferguson Enterprises, LLC, of Newport News, Virginia, with an office in Corpus Christi, in an amount not to exceed $76,328.44, with a potential amount up to $228,985.32 if options are exercised, for the purchase of retainers, restraints, gaskets, and related supplies for the Corpus Christi Water Department, with FY 2025 funding of $76,328.44 from the Water Fund. SUMMARY: Supply agreement for retainers, restraints, gaskets, and related supplies to be utilized by Corpus Christi Water (CCW) to repair, replace, and construct water distribution mains. BACKGROUND AND FINDINGS: CCW purchases and stocks retainers, restraints, gaskets, and related supplies to repair and install water mains. These fittings are necessary when repairing or installing water distribution infrastructure and must be in inventory to avoid delays. Due to the department's frequent use of these items, an agreement is necessary to ensure water main repairs are not delayed due to supplier shortages or inadequate stocking levels. PROCUREMENT DETAIL: Finance & Procurement conducted a Request for Bid (RFB) Process to obtain bids. The City received three responsive, responsible bids. Staff recommend the award to the lowest, responsive, responsible bidder, Ferguson Enterprises, LLC of Corpus Christi. Prices have increased by 3.64% compared to the previous contract with the same vendor. The tables below highlight the differences between the proposed and prior agreements. Description 2023 2024 Variance Total Cost Variance Percent Increase Retainers, Restraints, Gaskets and Related Supplies $73,644.52 $76,328.44 $2,683.92 3.64% ALTERNATIVES: An alternative is to not enter into a supply agreement, which would require separate procurements on an as -needed basis, with the possibility of an increased cost per item due to variable market conditions. FISCAL IMPACT: The fiscal impact for CCW for FY 2025 is $76,328.44 from the Water Fund. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery System Department: 45 Water Project (CIP Only): N/A Account: 520160 Pipe, Fittings, Drainage Amount: $76,328.44 RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year supply agreement with Ferguson Enterprises, LLC, with two one-year options, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Procurement Department Senior Buyer : Cynthia Perez Bid Tabulation RFB # 6089 Retainers, Restraints, Gaskets and Related Supplies Ferguson Enterprises, LLC Corpus Christi, TX Staline Waterworks Co pus Christi, TX ACT Pipe & Supply Corpus Christi, TX ITEM DESCRIPTION CITY PART No. 1 YR. Est. Annual QTY Unit Model name and part# of equivalent UNIT PRICE 1 YEAR TOTAL PRICE/PER QTY Model name and part# of equivalent UNIT PRICE 1 YEAR TOTAL PRICE/PER QTY Model name and part# of equivalent UNIT PRICE 1 YEAR TOTAL PRICE/PER QTY 1 KIT 4" Ml ACCESSORY Non -Specific 6600.04 Or approved equivalent 3343 20 EA SIGMA DGP4 $ 21.34 $ 426.80 $ 22.00 $ 440.00 $ 22.50 $ 450.00 2 KIT 6" Ml ACCESSORY Non -Specific 6600.06 Or approved equivalent 3344 100 EA SIGMA DGP6 $ 29.41 $ 2,941.00 $ 30.00 $ 3,000.00 $ 31.00 $ 3,100.00 3 KIT 8" Ml ACCESSORY Non -Specific 6600.08 Or approved equivalent 3345 24 EA SIGMA DGP8 $ 32.25 $ 774.00 $ 33.00 $ 792.00 $ 34.00 $ 816.00 4 KIT 10" Ml ACCESSORY Non -Specific 6600.10 Or approved equivalent 3346 18 EA SIGMA DGP10 $ 45.54 $ 819.72 $ 47.00 $ 846.00 $ 49.00 $ 882.00 5 KIT12" Ml ACCESSORY Non -Specific 6600.12 Or approved equivalent 3347 24 EA SIGMA DGP12 $ 47.90 $ 1,149.60 $ 49.00 $ 1,176.00 $ 50.50 $ 1,212.00 6 KIT 16" Ml ACCESSORY Non -Specific 6600.16 Or approved equivalent 3348 24 EA SIGMA DGP16 $ 78.25 $ 1,878.00 $ 80.00 $ 1,920.00 $ 82.50 $ 1,980.00 7 GASKET 4'Ml RUBBER Non -Specific 6649.04 Or approved equivalent 3350 24 EA SIGMA MG4 $ 5.70 $ 136.80 $ 5.80 $ 139.20 $ 6.27 $ 150.48 8 GASKET 6'Ml RUBBER Non -Specific 6649.06 Or approved equivalent 3351 48 EA SIGMA MG6 $ 5.70 $ 273.60 $ 5.80 $ 278.40 $ 6.27 $ 300.96 9 GASKET 8'Ml RUBBER Non -Specific 6649.08 Or approved equivalent 3352 24 EA SIGMA MG8 $ 6.17 $ 148.08 $ 6.30 $ 151.20 $ 6.80 $ 163.20 10 GASKET 10" Ml RUBBER Non -Specific 6649.10 Or approved equivalent 3353 24 EA SIGMA MG10 $ 8.37 $ 200.88 $ 8.50 $ 204.00 $ 9.41 $ 225.84 11 GASKET 12" Ml RUBBER Non -Specific 6649.12 Or approved equivalent 3354 30 EA SIGMA MG12 $ 9.49 $ 284.70 $ 9.70 $ 291.00 $ 10.45 $ 313.50 12 GASKET 16" Ml RUBBER Non -Specific 6649.16 Or approved equivalent 3355 30 EA SIGMA MG16 $ 16.13 $ 483.90 $ 16.00 $ 480.00 $ 17.77 $ 533.10 13 GASKET 18" MJ RUBBER Non -Specific 6649.18 Or approved equivalent 3356 30 EA SIGMA MG18 $ 17.20 $ 516.00 $ 18.00 $ 540.00 $ 19.34 $ 580.20 14 GASKET 20" MJ RUBBER Non -Specific 6649.20 Or approved equivalent 3357 36 EA SIGMA MG20 $ 18.59 $ 669.24 $ 19.00 $ 684.00 $ 20.91 $ 752.76 15 GASKET 24" MJ RUBBER Non -Specific 6649.24 Or approved equivalent 3358 30 EA SIGMA MG24 $ 23.72 $ 711.60 $ 24.00 $ 720.00 $ 26.14 $ 784.20 16 GASKET 30" MJ RUBBER Non -Specific 6649.30 Or approved equivalent 3359 60 EA SIGMA MG30 $ 54.37 $ 3,262.20 $ 57.00 $ 3,420.00 $ 61.16 $ 3,669.60 17 GASKET 36" MJ RUBBER Non -Specific 6649.36 Or approved equivalent 3349 12 EA SIGMA MG36 $ 61.80 $ 741.60 $ 65.00 $ 780.00 $ 69.52 $ 834.24 18 GLAND MJ SOLID 20" Non -Specific 6670 Or approved equivalent 3382 12 EA STAR MJG20 $ 83.18 $ 998.16 $ 85.00 $ 1,020.00 $ 89.50 $ 1,074.00 19 GLAND MJ SOLID 24" Non -Specific 6671 Or approved equivalent 3383 24 EA STAR MJG24 $ 126.15 * $ 130.00 $ 3,120.00 $ 133.00 $ 3,192.00 $3,0 20 GLAND MJ SOLID 30" Non -Specific 6672 Or approved equivalent 3384 30 EA STAR MJG30 $ 183.53 $ 5,505.90 $ 185.00 $ 5,550.00 $ 193.50 $ 5,805.00 21 GLAND MJ SOLID 36" Non -Specific 6673 Or approved equivalent 3386 12 EA STAR MJG36 $ 308.07 $ 3,696.84 $ 324.00 $ 3,888.00 $ 331.50 $ 3,978.00 22 UNIFLANGE 4" FOR C-900 FORD 4FA900-C4 Or approved equivalent 3387 24 EA STAR SF404GN $ 46.65 $ 1,119.60 $ 95.00 $ 2,280.00 $ 71.92 $ 1,726.08 23 UNIFLANGE 6" FOR C-900 FORD 4FA900-C6 Or approved equivalent 3388 12 EA STAR SF406GN $ 58.80 $ 705.60 $ 120.00 $ 1,440.00 $ 91.14 $ 1,093.68 24 UNIFLANGE 8" FOR DI FORD UFA200-C8 Or approved equivalent 3389 8 EA STAR SF408GN $ 64.55 $ 516.40 $ 61.00 $ 488.00 $ 73.55 $ 588.40 25 RESTRAINT 10" FOR C-900 FORD UFR1500-CA-10-I RET W/ACC Or approved equivalent 3392 8 EA STAR PVCPK4010G2 $ 122.02 $ 976.16 $ 128.00 $ 1,024.00 $ 136.75 $ 1,094.00 26 RESTRAINT 16" FOR C-900 FORD UFR1500-CA-16-I RET W/ACC Or approved equivalent 3393 20 EA SIGMA SLCEP16 $ 269.29 $ 5,385.80 $ 277.00 $ 5,540.00 $ 294.74 $ 5,894.80 27 RESTRAINT 12" FOR C-900 FORD UFR-1500-CA-12-I RET W/ACC Or approved equivalent 3394 16 EA SIGMA SLCEP12 $ 130.71 $ 2,091.36 $ 134.00 $ 2,144.00 $ 143.07 $ 2,289.12 28 RETAINER 4" MJ W/ACC STARGRIP STAR SGDPRK04N FOR DI Or approved equivalent 3396 18 EA SIGMA SLDEP4 $ 36.85 $ 663.30 $ 38.00 $ 684.00 $ 38.85 $ 699.30 29 RETAINER 6" MJ W/ACC. STARGRIP STAR SGDPPK08N FOR DI Or approved equivalent 3397 48 EA SIGMA SLDEP6 $ 45.52 $ 2,184.96 $ 46.00 $ 2,208.00 $ 47.99 $ 2,303.52 30 RETAINER 8" MJ W/ACC STARGRIP STAR SGDPPK08N FOR DI Or approved equivalent 3398 30 EA SIGMA SLDEP8 $ 62.03 $ 1,860.90 $ 63.00 $ 1,890.00 $ 65.39 $ 1,961.70 31 RETAINER 10" MJ W/ACC STARGRIP STAR SGDPPK10N FOR DI Or approved equivalent 3399 12 EA SIGMA SLDEPIO $ 86.42 $ 1,037.04 $ 88.00 $ 1,056.00 $ 92.99 $ 1,115.88 32 RETAINER 12" MJ W/ACC STARGRIP STAR SGDPPKI2N FOR DI Or approved equivalent 3400 24 EA SIGMA SLDEP12 $ 118.54 $ 2,844.96 $ 122.00 $ 2,928.00 $ 124.98 $ 2,999.52 33 RETAINER 16" MJ W/ACC STARGRIP STAR SGDPPKI6N FOR DI Or approved equivalent 3401 12 EA SIGMA SLDEP16 $ 212.70 $ 2,552.40 $ 219.00 $ 2,628.00 $ 224.25 $ 2,691.00 34 RETAINER 20" MJ W/ACC STARGRIP STAR SGDPPK20N FOR DI Or approved equivalent 3402 4 EA SIGMA SLDEP20 $ 343.88 $ 1,375.52 $ 350.00 $ 1,400.00 $ 370.04 $ 1,480.16 35 RETAINER 24" MJ W/ACC STARGRIP STAR SGDPPK24N FOR DI Or approved equivalent 3212 6 EA SIGMA SLDEP24 $ 475.57 $ 2,853.42 $ 475.00 $ 2,850.00 $ 501.42 $ 3,008.52 36 ADAPTER FOSTER 4" W/ACC INFACF CORP 4FA-BC Or approved equivalent 3373 6 EA SIGMA DMCPEP04 $ 74.97 $ 449.82 $ 77.00 $ 462.00 DMCPEP4 $ 79.04 $ 474.24 37 ADAPTER FOSTER 6" W/ACC INFACT CORP 6FA-BC Or approved equivalent 3374 8 EA SIGMA DMCPEP06 $ 94.90 $ 759.20 $ 97.00 $ 776.00 DMCPEP6 $ 100.57 $ 804.56 38 ADAPTER FOSTER 8" W/ACC INFACF CORP 8FA-BC Or approved equivalent 3375 6 EA SIGMA DMCPEP08 $ 140.31 $ 841.86 $ 141.00 $ 846.00 DMCPEP8 $ 148.70 $ 892.20 39 ADAPTER FOSTER 20" W/ACC INFACT CORP 20FA-BC Or approved equivalent 3575 4 EA SIGMA DMCPEP20 $ 590.55 $ 2,362.20 $ 617.00 $ 2,468.00 DMCPEP20 $ 635.48 $ 2,541.92 40 ADAPTER FOSTER 12" INFACF CORP 12FA-BC Or approved equivalent 3564 6 EA SIGMA DMCPEP12 $ 214.90 $ 1,289.40 $ 257.00 $ 1,542.00 DMCPEP12 $ 227.74 $ 1,366.44 41 UNIFLANGE 4" FOR DI PIPE FORD UFA200-C4 Or approved equivalent 3910 8 EA SIGMAZF2C4 $ 40.41 $ 323.28 $ 41.00 $ 328.00 $ 49.16 $ 393.28 42 UNIFLANGE 6" FOR DI PIPE FORD UFA200-C6 Or approved equivalent 3931 12 EA SIGMAZF2C6 $ 43.53 $ 522.36 $ 44.00 $ 528.00 $ 52.96 $ 635.52 43 UNIFLANGE 8" FOR C-900 PIPE FORD UFR1500-CA-8-I W/ACC Or approved equivalent 3954 6 EA SIGMAZF2C8 $ 64.30 $ 385.80 $ 73.00 $ 438.00 $ 78.29 $ 469.74 44 UNIFLANGE 3" FOR DI PIPE FORD UFA200-C3 Or approved equivalent 4037 12 EA SIGMAZF2C3 $ 34.40 $ 412.80 $ 30.00 $ 360.00 $ 36.37 $ 436.44 45 BELLJOINT RETRAINT 4" PTPVC04 Or approved equivalent 5025 12 EA SIGMA PWPC4 $ 41.48 $ 497.76 $ 42.00 $ 504.00 $ 43.73 $ 524.76 46 BELLJOINT RESTRAINT 6" PTPVC06 Or approved equivalent 5026 24 EA SIGMA PWPC6 $ 51.93 ** !i. Jf $ 53.00 $ 1,272.00 $ 54.75 $ 1,314.00 $1,246.32 47 BELLJOINT RESTRAINT 8" PTPVC08 Or approved equivalent 5027 12 EA SIGMA PWPC8 $ 86.80 $ 1,041.60 $ 89.00 $ 1,068.00 $ 91.51 $ 1,098.12 48 JOINT RESTRAINT 4" FOR C900 EZPVCUP04 Or approved equivalent 5081 45 EA STAR PVCPK4004G2 $ 41.92 $ 1,886.40 $ 43.00 $ 1,935.00 $ 44.64 $ 2,008.80 49 JOINT RESTRAINT 6" FOR C900 EZPVCUP06 Or approved equivalent 5082 100 EA STAR PVCPK4006G2 $ 52.48 $ 5,248.00 $ 54.00 $ 5,400.00 $ 55.90 $ 5,590.00 50 JOINTRESTRAINT 8" FOR C900 EZPVCUP08 Or approved equivalent 5083 60 EA STAR PVCPK4008G2 $ 70.80 $ 4,248.00 $ 73.00 $ 4,380.00 $ 75.41 $ 4,524.60 TOTAL 76""2.18 TOTAL $ 80,306.80 TOTAL $ 82,817.38 $76,328.44 Math errors * line 19: 24 x 126.15 = $3,027.60 ** line 46: 24 x 51.93 = $1,246.32 *** Total: 76,328.44 SUPPLY AGREEMENT NO. 6089 Retainers, Restraints, Gaskets and Related Supplies THIS Retainers, Restraints, Gaskets and Related Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Ferguson Enterprises, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Retainers, Restraints, Gaskets and Related Supplies in response to Request for Bid No. 6089 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Retainers, Restraints, Gaskets and Related Supplies in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then -current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month -to -month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month -to -month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $76,328.44, subject to approved extensions and changes. Payment will be made for goods Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: 361-826-1894 Email: AmandaC@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard Department: Corpus Christi Water Address: 2726 Holly Rd., Corpus Christi, TX 78415 Phone: 361-826-1894 Fax: 361-826-4495 IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Kade Womack Title: Sales Support Representative Address: 221 Junior Beck Drive, Corpus Christi, Texas 78405 Phone: (361) 289-1977 Fax: (361) 289-1968 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: 3a_co Title: O(�2 r� c� J �� s ` t 1 Date: 1 / /zi /7o CITY OF CORPUS CHRISTI rd a iV,pLa e_ r Josh Chronley Assistant Director of Finance — Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 6089 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Corpus Christi Water (CCW) Warehouse needs restraints, retainers, and gaskets, and related supplies to be used for city-wide repairs. Maintaining a stock of these frequently used parts, will assist the CCW Warehouse to be prepared for immediate or as -needed use. The CCW Warehouse facility orders and stores these items needed for daily operations at the City of Corpus Christi as outlined in the Scope of Work. 1.2 Scope of Work A. The Contractor shall provide the retainers, restraints, gaskets, and related supplies as outlined on the Bid / Pricing Schedule on an as -needed basis. B. All contract prices are F.O.B. destination inside delivery to the Corpus Christi Water (CCW) Warehouse. C. The Contractor shall deliver products and those related to retainers, restraints, and gaskets as outlined on the Bid/Pricing Schedule on. D. The Contractor shall ship supplies within two weeks unless CCW is notified of a shortage or manufacturing problem. E. Any product found defective, unusable, or inoperable to the condition, The Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. The contractor must arrange for the return shipment of damaged products. F. Supplies are a generic brand unless a preferred brand is specified that may allow alternates of equal quality for specified branded supplies. G. The Contractor shall provide and report any shortages or delays to the CCW Warehouse Supervisor. Detailing the item number that corresponds to the City, description, number of units shorted with an estimated date of delivery. H. All retainers, restraints, gaskets, and related supplies will be defect free, properly packaged, and shipped to ensure a safe delivery. Revised 11.30.20 1.3 Work Site The delivery Point of Contact: Robert Presnell Ship To Location/ Physical Address: 5352 Ayers. Street, Bldg. 6 Corpus Christi, Texas 78415 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. Revised 1 1.30.20 °1 ° Date: Bidder: 1. 2. 3. CITY OF CONTRACTS BID FORM RFB No. Retainers, 11/5/2024 Attachment CORPUS AND 6089 Restraints, B - Bid CHRISTI PROCUREMENT Gaskets Authorized Signature: Terms at any with regard and Procurement and company of Pricing/Schedule and Related Supplies PAGE 1 OF 4 9,6{.4hta•C 3SC III .c, submitting the communication, purpose Bidder on Ordinances, Bidder applicable Bidder igai H,Q'POR xs5`r Refer completing Quote In a. b. c. d. Ferguson Enterprises to "Instructions to Bidders" and Contract bid. your best price for each item. this bid, Bidder certifies that: prices in this bid have been arrived or agreement with of restricting competition is an Equal Opportunity Employer, file with City's Contracts and is current and true. is current with all taxes due governmental agencies. acknowledges receipt and review and Conditions before independently, without consultation, other Bidder or competitor, for the to prices. the Disclosure of Interest information office, pursuant to the Code of is in good standing with all all addenda for this RFB. Item Description City Part No. 1 Yr. Est. Qty. Unit Unit Price Model name and part # of equivalent Unit price of equivalent Total Price 1 KIT 4" MJ ACCESSORY Non -Specific 6600.04 Or approved equivalent 3343 20 EA $ SIGMA DGP4 $ 21.34 $ 426.80 2 KIT 6" MJ ACCESSORY Non -Specific 6600.06 Or approved equivalent 3344 100 EA $ SIGMA DGP6 $ 29.41 $ 2941.00 3 KIT 8" MJ ACCESSORY Non -Specific 6600.08 Or approved equivalent 3345 24 EA $ SIGMA DGP8 $ 32.25 $ 774.00 4 KIT 10" MJ ACCESSORY Non -Specific 6600.10 Or approved equivalent 3346 18 EA $ SIGMA DGP10 $ 45.54 $ 819.72 5 KIT12" MJ ACCESSORY Non -Specific 6600.12 Or approved equivalent 3347 24 EA $ SIGMA DGP12 $ 47.90 $ 1149.60 6 KIT 16" MJ ACCESSORY Non -Specific 6600.16 Or approved equivalent 3348 24 EA $ SIGMA DGP16 $ 78.25 $ 1878.00 7 GASKET 4'MJ RUBBER Non -Specific 6649.04 3350 24 EA $ SIGMA $ 5.70 $ 136.80 Page 2 of 4 Or approved equivalent 8 GASKET 6'MJ RUBBER Non -Specific 6649.06 Or approved equivalent 3351 48 EA $ SIG6MA $ 5.70 $ 273.60 9 GASKET 8'MJ RUBBER Non -Specific 6649.08 Or approved equivalent 3352 24 EA $ SIGMA $ 6.17 $ 148.08 10 GASKET 10" MJ RUBBER Non -Specific 6649.10 Or approved equivalent 3353 24 EA $ SIGMA MG10 $ 8.37 $ 200.88 11 GASKET 12" MJ RUBBER Non -Specific 6649.12 Or approved equivalent 3354 30 EA $ SIGMA MG12 $ 9.49 $ 284.70 12 GASKET 16" MJ RUBBER Non -Specific 6649.16 Or approved equivalent 3355 30 EA $ SIGMA Mal $ 16.13 $ 483.90 13 GASKET 18" MJ RUBBER Non -Specific 6649.18 Or approved equivalent 3356 30 EA $ SIGMA MG18 $ 17.20 $ 516.00 14 GASKET 20" MJ RUBBER Non -Specific 6649.20 Or approved equivalent 3357 36 EA $ SIGMA MG20 $ 18.59 $ 669.24 15 GASKET 24" MJ RUBBER Non -Specific 6649.24 Or approved equivalent 3358 30 EA $ SIGMA MG24 $ 23.72 $ 711.60 16 GASKET 30" MJ RUBBER Non -Specific 6649.30 Or approved equivalent 3359 60 EA $ SIGMA MG30 $ 54.37 $ 3262.20 17 GASKET 36" MJ RUBBER Non -Specific 6649.36 Or approved equivalent 3349 12 EA $ SIGMA MG36 $ 61.80 $ 741.60 18 GLAND MJ SOLID 20" Non -Specific 6670 Or approved equivalent 3382 12 EA $ STAR MJG20 $ 83.18 $ 998.16 19 GLAND MJ SOLID 24" Non -Specific 6671 Or approved equivalent 3383 24 EA $ STAR MJG24 $ 126.15 $ $3,027,60 20 GLAND MJ SOLID 30" Non -Specific 6672 Or approved equivalent 3384 30 EA $ STAR M3G30 $ 183.53 $ 5505.90 21 GLAND MJ SOLID 36" Non -Specific 6673 Or approved equivalent 3386 12 EA $ STAR MJG36 $ 308,07 $ 3696.84 22 UNIFLANGE 4" FOR C-900 FORD 4FA900-C4 Or approved equivalent 3387 24 EA $ STAR SF404GN $ 46.65 $ 1119.60 23 UNIFLANGE 6" FOR C-900 FORD 4FA900-C6 Or approved equivalent 3388 12 EA $ STAR SF406GN $ 58,80 $ 705.60 24 UNIFLANGE 8" FOR DI FORD UFA200-C8 Or approved equivalent 3389 8 EA $ STAR SF408GN $ 64.55 $ 516.40 25 RESTRAINT 10" FOR C-900 FORD UFR 1500-CA•-10-I RET W/ACC 3392 8 EA $ S'l'AR 10G2 $ 12202 $ 976.16 Page 3 of 4 Or approved equivalent 26 RESTRAINT 16" FOR C- 900 FORD UFR1500-CA-16-I RET W/ACC Or approved equivalent 3393 20 EA $ SIGMA SLCEP16 $ 269.29 $ 5385.80 27 RESTRAINT 12" FOR C- 900 FORD UFR-1500-CA-12-I RET W/ACC Or approved equivalent 3394 16 EA $ SIGMA SLCEPI2 $ 130.71 $ 2091.36 28 RETAINER 4" MJ W/ACC STARGRIP STAR SGDPRKO4N FOR DI Or approved equivalent 3396 18 EA $ SIGMA SLDEP4 $ 36.85 $ 663.30 29 RETAINER 6" MJ W/ACC. STARGRIP STAR SGDPPKO8N FOR DI Or approved equivalent 3397 48 EA $ SIGMA SLDEP6 $ 45.52 $ 2184.96 30 RETAINER 8" MJ W/ACC STARGRIP STAR SGDPPKO8N FOR DI Or approved equivalent 3398 30 EA $ SIGMA SLDEP8 $ 62.03 $ 1860.90 31 RETAINER 10" MJ W/ACC STARGRIP STAR SGDPPK1ON FOR DI Or approved equivalent 3399 12 EA $ SIGMA SLDEP10 $ 86.42 $ 1037.04 32 RETAINER 12" MJ W/ACC STARGRIP STAR SGDPPK12N FOR DI Or approved equivalent 3400 24 EA $ SIGMA SLDEP12 $ 118.54 $ 2844.96 33 RETAINER 16' MJ W/ACC STARGRIP STAR SGDPPK16N FOR DI Or approved equivalent 3401 12 EA $ SIGMA SLDEP16 $ 212.70 $ 2552.40 34 RETAINER 20" MJ W/ACC STARGRIP STAR SGDPPK2ON FOR DI Or approved equivalent 3402 4 EA $ SIGMA SLDEP20 $ 343.88 $ 1375.52 35 RETAINER 24" MJ W/ACC STARGRIP STAR SGDPPK24N FOR Di Or approved equivalent 3212 6 EA $ SIGMA SLDEP24 $ 475.57 $ 2853.42 36 ADAPTER FOSTER 4" W/ACC INFACT CORP 4FA-BC Or approved equivalent 3373 6 EA $ SIGMA DMCPEPO4 $ 74.97 $ 449.82 37 ADAPTER FOSTER 6" W/ACC INFACT CORP 6FA-BC Or approved equivalent 3374 8 EA $ SIGMA DMCPEPO6 $ 94.90 $ 759.20 38 ADAPTER FOSTER 8" W/ACC INFACT CORP 8FA-BC Or approved equivalent 3375 6 EA $ SIGMA DMCPEPO8 $ 140.31 $ 841.86 Page 4 of 4 39 ADAPTER FOSTER 20" W/ACC INFACT CORP 20FA-BC Or approved equivalent 3575 4 EA $ SIGMA DMCPEP20 $ 690.56 $ 2302,20 40 ADAPTER FOSTER 12" INFACT CORP 12FA-BC Or approved equivalent 3564 6 EA $ SIGMA DMCPEPI2 $ 214.90 $ 1289,40 41 UNIFLANGE 4" FOR DI PIPE FORD UFA200-C 4 Or approved equivalent 3910 8 EA $ SIGMA ZF2C4 $ 40.4i $ 323,28 42 UNIFLANGE 6" FOR DI PIPE FORD UFA200-C 6 Or approved equivalent 3931 12 EA $ SIGMA ZF2C6 $ 43.63 $ 622.38 43 UNIFLANGE 8" FOR C-900 PIPE FORD UFR1500-CA-8-I W/ACC Or approved equivalent 3954 6 EA $ SIGMA 2F2C8 $ 84,30 $ 385.80 44 UNIFLANGE 3" FOR 1)1 PIPE FORD UFA200-C 3 Or approved equivalent 4037 12 EA $ SIGMA 2F2C3 $ 34.40 $ 412,80 45 BELL JOINT RETRAINT 4" PTPVC04 Or approved equivalent 5025 12 I EA $ w$ PW 41.48 $ 497.78 46 BELL JOINT RESTRAINT 6" PTPVC06 Or approved equivalent 5026 24 EA $ SIGMA $ 51.93 $ 62s:ie $1,246.32 _.--'', 47 BELL JOINT RESTRAINT 8" PTPVC08 Or approved equivalent 5027 12 EA $ SIGMA PWPCS $ 88.80 $ 1041,60 48 JOINT RESTRAINT 4" FOR C900 EZPVCUP04 Or approved equivalent 5081 45 EA $ STRft Pvcpxtoo4az $ 41,92 $ 1888,40 49 JOINT RESTRAINT 6" FOR C900 EZPVCUP06 Or approved equivalent 5082 100 EA $ p criarooso2 $ 52.48 $ 5248.00 50 JOINTRESTRAINT 8" FOR C900 EZPVCUP08 Or ap • roved e • ulvalent 5083 60 EA $ UPI mom $ 7aa° $ 4248.00 c v;ct {.z_ If' .',2 L' `y ;if ,� �;.0-:t,.t't�a �:, t-j t{ ..e+, Rt F /irGiV � i}t � r �3 t'-.o_S s#',a;�E .. 4.nq.,, �` tY, Correct Total $76,328.44 Attachment C-Insurance Requirements The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. Revised 1 1.30.20 Page 16 of 18 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2025 DATE: TO: January 14, 2025 Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services Jeffreye@cctexas.com (361) 826-3851 Nicholas Winkelmann, P.E, Director of Water Systems and Support Services NickW@cctexas.com (361) 826-1796 Sergio Villasana, CTCD, Director of Finance & Procurement sergiov2©cctexas.com (361) 826-3227 Construction Contract Award ONSWTP Filter Media Backwash Elevated Storage Tank Rehabilitation CAPTION Motion awarding a construction contract to O&J Coatings, Inc., Hurst, Texas, for the rehabilitation of the filter media backwash elevated storage tank located at the O.N. Stevens Water Treatment Plant (ONSWTP) in an amount of $432,100.00, with FY 2025 funding available from the Water Fund. SUMMARY: This motion approves a construction contract for the rehabilitation of the ONSWTP filter media backwash elevated storage tank (EST). The construction will include the sediment removal, cleaning, repairs, appurtenance modifications, surface preparation and coating of all exterior and interior surfaces of the EST. BACKGROUND AND FINDINGS: The O.N. Stevens Water Treatment Plant (ONSWTP) is owned and operated by the City of Corpus Christi. The ONSWTP is the sole provider of potable water for Corpus Christi and surrounding communities. The filtration process of the ONSWTP consists of twenty-two (22) media filters that require regular backwashing to maintain filtered water quality within TCEQ standard limits. The filters use an air -scour system as well as a dedicated backwash pump system with a 300,000- gallon multi -leg elevated storage tank built in 2005 to backwash individual filters. This project is intended to provide necessary maintenance to the filter media backwash elevated storage tank to prevent further corrosion damage, meet TCEQ and OSHA requirements, and perform general repairs as needed while the tank is out of service. Taking the filter media backwash elevated storage tank out of service will require backwash operations to rely on the three (3) existing backwash pumps for the 5-month duration of construction. The backwash pumps have a rated capacity of 9,000 gallons per minute, equivalent to 71 feet of the total dynamic head of the water. The operators control backwash flow to the individual filters via a flow control valve within the filter building. Given the TCEQ backwash flow parameters, the flow characteristics of the existing backwash pumps, and the flow control capabilities within the filter building, the backwash system can operate without the elevated storage tank in service by using two or three of the backwash pumps at a time. CCW does not anticipate any special requirements for isolating the Wash Water Elevated Storage Tank for the anticipated 5-month duration needed to rehab the elevated storage tank. The project scope of work includes the critical restoration and rehabilitation of the ONSWTP filter media backwash elevated storage tank listed below: • Complete Cleaning and Repainting of the Exterior Surfaces • Complete Cleaning and Repainting of the Interior Surfaces • Containment and Dust Collection System (Exterior Repainting) • Dehumidification and Ventilation Equipment (Interior Repainting) • Welding and Corrosion Related Repairs • Perform epoxy surfacing and seam sealing work • General Foundation Related Repairs • Modifications to Ladders and Balcony • Temporarily remove all shell manholes, manways, and roof manholes to provide access and ventilation. Reinstall with new flanges, gaskets, etc. PROJECT TIMELINE: 2024 - 2025 Sep — Jan Bid/Award Feb - Jul Instruction Project schedule reflects City Council award in January 2025 with anticipated completion in July 2025. COMPETITIVE SOLICITATION PROCESS On July 29, 2024, the Contracts and Procurement Department issued a Request for Bids (RFB #6004) for Citywide Wastewater IDIQ FY2024. On October 23, 2024, the City received bids from ten (10) bidders. The City analyzed the bids in accordance with the contract documents and determined O&J Coatings, Inc. is the lowest responsive and responsible bidder. CONTRACTOR BASE BID O&J Coatings, Inc $432,100.00 CTEX Construction Services LLC $443,275.00 A&M Construction and Utilities, Inc $486,040.00 BRZ Coatings, Inc $487,000.00 Viking Industrial Painting $487,168.00 D&M Tank, LLC $513,200.00 Tank Pro, Inc $559,680.00 Pittsburg Tank & Tower Maintenance $566,135.00 Classic Protective Coatings, Inc $683,600.00 NG Painting, LP $754,680.00 Engineer's Opinion of Probable Construction Cost $564,000.00 O&J Coatings, Inc., has successfully completed a sufficient number of projects demonstrating compliance with the experience requirements of the contract documents. These requirements consisted of at least five tank rehabilitation and restoration projects completed within the past five years that were equal to or greater in size and magnitude than the current project. O&J Coatings, Inc. has completed six rehabilitation projects with tanks over a one -million -gallon capacity. This is the first time they will be working for the City of Corpus Christi. Some projects that O&J Coatings, Inc. completed in the last 5 years are listed below: • Bedford, Texas, Cummings DR: the project involved a 2-million-legged tank, full blast with containment and paint - $2,028,000.00 • Sherman, Texas, Ida Rd: the project involved a 5-million-gallon Ground Storage Tank. Full blast interior and exterior. - $1,080,000.00 • Cedar Rapids, Iowa: the project involved a Boyson Road tank and 60th Avenue Standpipe reconditioning, full blast with containment and painting on a 3-million-gallon flutted column tank. - $1,637,000.00 • College Station, Texas: the project involved a 2-million-gallon elevated fluted column water tower. Full blast with containment, including the dry and the wet interior. - $1,790,000.00 • Wauwatosa, Wisconsin: the project involved a 2-million-gallon legged tank inside blast and exterior overcoat. - $986,000.00 ALTERNATIVES: The alternative is to not award the construction contract to the low -bidder, O&J Coatings, Inc. This would delay improvements to the ONSWTP filter media backwash elevated storage tank and make ONSWTP unable to meet TCEQ and OSHA requirements. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2025 is an amount of $432,100.00 with funding available through the Water Fund. FUNDING DETAIL: Fund: Water Fund 4010 (Fund 4010) Department: Water (45) Organization: Stevens Filter Plant (31010) Project: 24041 - ONSWTP Wash Water Elevated Storage Tank Rehabilitation Account: Maintenance & Repairs - Contracted (530215) Activity: 24041 Amount $432,100.00 RECOMMENDATION: Staff is recommending the award of a construction contract for the ONSWTP filter media backwash elevated storage tank rehabilitation to O&J Coatings Inc., in the amount of $432,100.00. The construction duration is planned for five months from the issuance of the Notice to Proceed with construction starting in February 2025. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Grady Atkinson, PE-Ardurra Group, Inc. BID DATE: Wednesday, October 23, 2024 ENGINEER'S ESTIMATE: $564,000.00 TIME OF COMPLETION: 150 Calendar Days RFB 6134 - O.N. Stevens WTP Elevated Storage Tank Rehabilitation CITY PROJECT NO. 24041 O&1 Coatings Inc. 1720 CYNTHIA LN HURST, TX 76054 CTEX Construction Services LLC 320 BROOKS DR NEVADA, TX 75173 A&M Construction and Utilities, Inc 4950 GRISHAM DR ROWLETT TX 75088 BRZ Coatings Inc. 5500 TIMBER RIDGE COURT WATAUGA, TX 76137 ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Mobilization (Maximum 5%) LS 1 $ 10,000.00 $ 10,000.00 $ 22,000.00 $ 22,000.00 $ 7,500.00 $ 7,500.00 $ 18,000.00 $ 18,000.00 A2 Bonds and Insurance (Maximum Allowance of 2%) LS 1 $ 5,000.00 $ 5,000.00 $ 8,000.00 $ 8,000.00 $ 7,500.00 $ 7,500.00 $ 5,000.00 $ 5,000.00 A3 Complete Cleaning and Repainting of Exterior Surfaces LS 1 $ 150,000.00 $ 150,000.00 $ 182,000.00 $ 182,000.00 $ 187,000.00 $ 187,000.00 $ 177,460.00 $ 177,460.00 A4 Complete Cleaning and Repainting of Interior Surfaces LS 1 $ 130,000.00 $ 130,000.00 $ 96,000.00 $ 96,000.00 $ 95,600.00 $ 95,600.00 $ 147,000.00 $ 147,000.00 AS Containment and Dust Collection System (Exterior Painting) LS 1 $ 50,000.00 $ 50,000.00 $ 40,000.00 $ 40,000.00 $ 55,000.00 $ 55,000.00 $ 50,000.00 $ 50,000.00 A6 Dehumidification and Ventilation Equipment (Interior Painting) LS 1 $ 15,000.00 $ 15,000.00 $ 20,000.00 $ 20,000.00 $ 24,000.00 $ 24,000.00 $ 15,000.00 $ 15,000.00 A7 Welding and Corrosion Related Repairs MH 97 $ 100.00 $ 9,700.00 $ 75.00 $ 7,275.00 $ 220.00 $ 21,340.00 $ 120.00 $ 11,640.00 A8 Seam Sealing EA 48 $ 50.00 $ 2,400.00 $ 50.00 $ 2,400.00 $ 75.00 $ 3,600.00 $ 100.00 $ 4,800.00 A9 Epoxy Su rfaci ng GAL 2 $ 500.00 $ 1,000.00 $ 300.00 $ 600.00 $ 2,000.00 $ 4,000.00 $ 500.00 $ 1,000.00 A10 General Foundation Repairs LS 1 $ 3,000.00 $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 $ 1,900.00 $ 1,900.00 All Modifications to Ladders and Balcony LS 1 $ 2,000.00 $ 2,000.00 $ 4,000.00 $ 4,000.00 $ 14,500.00 $ 14,500.00 $ 4,000.00 $ 4,000.00 Al2 I ncide nta I Ite ms LS 1 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 $ 500.00 $ 500.00 A13 Video Taping LS 1 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 700.00 $ 700.00 A14 Allowance For Unanticipated Improvements AL 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Subtotal Part A -General $ 432,100.00 $ 443,275.00 $ 486,040.00 $ 487,000.00 PROJECT TOTAL 432,100.00 $ 443,275.001 $ 486,040.00 $ 487,000.001 Page 1 of 3 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Grady Atkinson, PE - Ardurra Group, Inc. BID DATE: Wednesday, October 23, 2024 ENGINEER'S ESTIMATE: $564,000.00 TIME OF COMPLETION: 150 Calendar Days RFB 6134 - O.N. Stevens WTP Elevated Storage Tank Rehabilitation CITY PROJECT NO. 24041 Viking Industrial Painting 10905 HARRISON ST LA VISTA, NE 68128 D&M TANK, LLC. 6901 MANSFIELD CARDINAL RD KENNEDALE, TX 76060 Tank Pro, Inc. 5500 WATERMELON RD NORTHPORT, AL 35473 Pittsburg Tank & Tower Maintenance PO BOX 1849 HENDERSON, KY 42419 ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Mobilization (Maximum 5%) LS 1 $ 17,000.00 $ 17,000.00 $ 23,980.00 $ 23,980.00 $ 25,000.00 $ 25,000.00 $ 15,625.00 $ 15,625.00 A2 Bonds and Insurance (Maximum Allowance of 2%) LS 1 $ 3,793.00 $ 3,793.00 $ 9,500.00 $ 9,500.00 $ 15,000.00 $ 15,000.00 $ 5,500.00 $ 5,500.00 A3 Complete Cleaning and Repainting of Exterior Surfaces LS 1 $ 160,400.00 $ 160,400.00 $ 185,000.00 $ 185,000.00 $ 213,722.00 $ 213,722.00 $ 201,690.00 $ 201,690.00 A4 Complete Cleaning and Repainting of Interior Surfaces LS 1 $ 82,600.00 $ 82,600.00 $ 83,000.00 $ 83,000.00 $ 162,000.00 $ 162,000.00 $ 102,725.00 $ 102,725.00 AS Containment and Dust Collection System (Exterior Painting) LS 1 $ 102,900.00 $ 102,900.00 $ 100,500.00 $ 100,500.00 $ 18,100.00 $ 18,100.00 $ 75,000.00 $ 75,000.00 A6 Dehumidification and Ventilation Equipment (Interior Painting) LS 1 $ 22,700.00 $ 22,700.00 $ 12,000.00 $ 12,000.00 $ 20,118.00 $ 20,118.00 $ 50,000.00 $ 50,000.00 A7 Welding and Corrosion Related Repairs MH 97 $ 175.00 $ 16,975.00 $ 250.00 $ 24,250.00 $ 350.00 $ 33,950.00 $ 95.00 $ 9,215.00 A8 Seam Sealing EA 48 $ 200.00 $ 9,600.00 $ 15.00 $ 720.00 $ 55.00 $ 2,640.00 $ 185.00 $ 8,880.00 A9 Epoxy Surfacing GAL 2 $ 700.00 $ 1,400.00 $ 250.00 $ 500.00 $ 750.00 $ 1,500.00 $ 1,250.00 $ 2,500.00 A10 General Foundation Repairs LS 1 $ 3,600.00 $ 3,600.00 $ 4,500.00 $ 4,500.00 $ 8,500.00 $ 8,500.00 $ 5,625.00 $ 5,625.00 All Modifications to Ladders and Balcony LS 1 $ 10,800.00 $ 10,800.00 $ 16,000.00 $ 16,000.00 $ 6,050.00 $ 6,050.00 $ 36,250.00 $ 36,250.00 Al2 Incidental Items LS 1 $ 4,700.00 $ 4,700.00 $ 2,500.00 $ 2,500.00 $ 1,600.00 $ 1,600.00 $ 2,500.00 $ 2,500.00 A13 Video Taping LS 1 $ 700.00 $ 700.00 $ 750.00 $ 750.00 $ 1,500.00 $ 1,500.00 $ 625.00 $ 625.00 A14 Allowance For Unanticipated Improvements AL 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Subtotal Part A -General $ 487,168.00 $ 513,200.00 $ 559,680.00 $ 566,135.00 PROJECT TOTAL 487,168.00 $ 513,200.00 $ 559,680.00 $ 566,135.00 Page 2 of 3 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY Grady Atkinson, PE-Ardurra Group, Inc. BID DATE: Wednesday, October 23, 2024 ENGINEER'S ESTIMATE: $564,000.00 TIME OF COMPLETION: 150 Calendar Days RFB 6134 - O.N. Stevens TP Elevated Storage Tank Rehabilitation W CITY PROJECT NO. 24041 Classic Protective Coatings Inc N7670 STATE ROAD 25 MENOMONI, WI 54751 NG Painting, LP 1225 BANDERA HWY KERRVILLE, TX 78028 ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Mobilization (Maximum 5%) LS 1 $ 24,700.00 $ 24,700.00 $ 1,000.00 $ 1,000.00 A2 Bonds and Insurance (Maximum Allowance of 2%) LS 1 $ 10,300.00 $ 10,300.00 $ 1,000.00 $ 1,000.00 A3 Complete Cleaning and Repainting of Exterior Surfaces LS 1 $ 255,100.00 $ 255,100.00 $ 400,000.00 $ 400,000.00 A4 Complete Cleaning and Repainting of Interior Surfaces LS 1 $ 164,800.00 $ 164,800.00 $ 110,000.00 $ 110,000.00 AS Containment and Dust Collection System (Exterior Painting) LS 1 $ 66,400.00 $ 66,400.00 $ 140,000.00 $ 140,000.00 A6 Dehumidification and Ventilation Equipment (Interior Painting) LS 1 $ 24,100.00 $ 24,100.00 $ 30,000.00 $ 30,000.00 A7 Welding and Corrosion Related Repairs MH 97 $ 450.00 $ 43,650.00 $ 120.00 $ 11,640.00 A8 Seam Sealing EA 48 $ 200.00 $ 9,600.00 $ 30.00 $ 1,440.00 A9 Epoxy Surfacing GAL 2 $ 650.00 $ 1,300.00 $ 300.00 $ 600.00 A10 General Foundation Repairs LS 1 $ 1,450.00 $ 1,450.00 $ 2,000.00 $ 2,000.00 All Modifications to Ladders and Balcony LS 1 $ 16,400.00 $ 16,400.00 $ 3,000.00 $ 3,000.00 Al2 Incidental Items LS 1 $ 15,300.00 $ 15,300.00 $ 2,000.00 $ 2,000.00 A13 Video Taping LS 1 $ 500.00 $ 500.00 $ 2,000.00 $ 2,000.00 A14 Allowance For Unanticipated Improvements AL 1 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Subtotal Part A -General $ 683,600.00 $ 754,680.00 PROJECT TOTAL 683,600.00 $ 754,680.00 Page 3 of 3 ONSWTP WASH WATER EST REHABILITATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ONSWTP Filter Media Backwash Elevated Storage Tank Rehabilitation DRAFT Nicholas Wlnkelmann, P.E. Director of Water Systems and Support Services January 14, 2025 CCorpO us Christi Water Serving the Coastal Bend Project Location COM Scope of Work The project scope of work includes the critical restoration and rehabilitation of the ONSWTP Filter Media Backwash elevated storage tank. The Filter Media Backwash tank is critical to maintaining filter effectiveness and overall water quality. The scope of work includes the complete cleaning and repainting of al interior & exterior surfaces specifically including: • Containment and Dust Collection System (Exterior Repainting) • Dehumidification and Ventilation Equipment (Interior Repainting) • Welding and Corrosion Related Repairs • Perform epoxy surfacing and seam sealing work General Foundation Related Repairs Modifications to Ladders and Balcony Project Funding and Schedule Project funding is available through the Water Fund - O.N. Stevens Water Treatment Plant Operations and Maintenance Budget. 2024 - 2025 Se • -Jan Feb -Jul Bid/Award Construction dmill Projected Schedule reflects City Council award in January 2025, with anticipated construction completion by July 2025. COM AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2025 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services ieffreye@cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2@cctexas.com (361) 826-1677 Sergio Villasana, CTCD, Director of Finance & Procurement joshc2@cctexas.com (361) 826-3169 Construction Contract Award Aaron Drive — Saratoga Blvd. to Summer Wind Drive (Bond 2022, Proposition A) CAPTION: Motion authorizing a construction contract with Grace Paving and Construction, Inc. from Corpus Christi, Texas, for the reconstruction of Aaron Drive from Saratoga Blvd. to Summer Wind Drive with new asphalt pavement, 5-ft sidewalks, curbs, gutters, ADA-compliant curb ramps, signage, and utility improvements in an amount not to exceed $3,840,880.73, located in Council District 5 with funding available from the 2022 Street Bond and FY2025 Storm Water, Wastewater, Water, and Gas funds. SUMMARY: This motion awards a construction contract to Grace Paving and Construction, Inc. for the complete reconstruction of Aaron Drive from Saratoga Blvd. to Summer Wind Drive. The existing roadway will be demolished and rebuilt with new asphalt pavement, curbs and gutters, 5-ft sidewalks, ADA-compliant curb ramps, and new street signage. In addition to surface improvements, the project includes stormwater, water, and wastewater infrastructure enhancements. BACKGOUND AND FINDINGS: On November 8, 2022, voters approved the City of Corpus Christi's Bond 2022 Program for a total of $125 million with thirty-two projects. The propositions passed on election day included projects for streets, parks, public safety, and library improvements. One of the thirty-two projects is the $2.2 million reconstruction of Aaron Drive between Saratoga Blvd. and Summer Wind Drive. The project limits are Aaron Drive between Saratoga Blvd. and Summer Wind Drive, spanning approximately 2,400 linear feet (equal to 0.45 miles). According to the City's Urban Transportation Plan, this section of Aaron Drive is classified as a C-1 Residential Collector. Aaron Drive is currently a two-lane, hot -mix asphalt concrete (HMAC) roadway with one travel lane in each direction, on -street parking on each side, a 6-ft standard curb and gutter, 4-ft sidewalks, with an average width of 40 feet from back -of -curb to back -of -curb. The project scope of improvements includes the complete reconstruction of the existing roadway with new asphalt pavement, curbs and gutters, and 5-ft sidewalks. Additionally, the project includes the installation of ADA-compliant curb ramps, signage, and the relocation of light poles. Alongside the street enhancements, Storm Water, Water, and Wastewater utilities will undergo improvements to align with current City standards. Aaron Drive, from Saratoga Blvd. to Summer Wind Drive, was designed for asphalt pavement only, based on the pavement design recommendations approved by the City Council on May 21, 2024. PROJECT TIMELINE: 2023 - 2024 2024 - 2025 2025 - 2026 October - September Design October - January Bid/Award February - February Construction Project schedule reflects City Council award in January 2025 with anticipated completion by February 2026. COMPETITIVE SOLICITATION PROCESS On October 21, 2024, the Contracts and Procurement Department issued a Request for Bids (RFB #6122) for Aaron Drive from Saratoga Blvd. to Summer Wind Drive. The solicitation contained only an asphalt pavement base bid, which was based on the pavement design recommendations for the Bond 2022 Streets projects approved by City Council on May 21, 2024. On November 20, 2024, the city received bids from seven bidders. The city analyzed the bids in accordance with the contract documents and determined that Grace Paving and Construction, Inc. was the lowest responsive and responsible bidder. The Engineer's Opinion of Probable Construction Cost was estimated based on the historic data. The construction cost has been stabilized, and the bids are coming in lower. A summary of the bids is provided below: Bidder Base Bid (Asphalt Pavement) 1 Grace Paving and Construction, Inc. $3,840,880.73 2 Max Underground Construction $3,978,942.12 3 Bay Ltd $4,162,821.20 4 A. Ortiz Construction & Paving, Inc. $4,406,189.83 5 Mako Contracting $4,522,287.05 6 JE Construction Services $4,684,683.00 7 Mor-Will, L.L.0 $5,207,346.81 Engineer's Opinion of Probable Construction Cost $5,200,000.00 Grace Paving and Construction, Inc., is the low bidder for the base bid. The company has successfully completed many construction projects with the City of Corpus Christi. Recently completed projects include Strasbourg Drive from Riom Street to Grenoble Drive (Bond 2018), Minor Street Improvements IDIQ, and seventeen streets within the scope of the Residential Street Rebuild Program. Based on the review, city staff recommend that the City award the construction contract to the low bidder, Grace Paving and Construction, Inc. ALTERNATIVES: The council could choose not to award the contract to Grace Paving and Construction, Inc. This decision would delay the project and conflict with the City Council's goal of expediting street projects using bond funds. FISCAL IMPACT: The proposal is to award a construction contract to Grace Paving and Construction, Inc in an amount not to exceed $3,840,880.73, for the reconstruction of Aaron Drive from Saratoga Blvd. to Summer Wind Drive. Project funds are available from the 2022 Street Bond and FY2025 Storm Water, Wastewater, Water, and Gas allocations. Funding Detail: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2025. The project is ready to be implemented. Fund: 2024 GO Bd22 Prop A (Fund 3561) Department: Streets (33) Organization: Grants & Capital Projects Funds (89) Project: Aaron Drive (Saratoga to Summer Winds) (Project No. 23164) Account: Construction Contract (550910) Activity: 23164 Amount: $1,806,061.97 Fund: Gas 2023 CIP (Fund 4562) Department: Gas (11) Organization: Grants & Capital Projects Funds (89) Project: Aaron Drive (Saratoga to Summer Winds) (Project No. 23164) Account: Construction Contract (550910) Activity: 23164 Amount: $26,532.84 Fund: STWCP RR 032950 2023 (Fund 4536) Department: Storm Water (47) Organization: Grants & Capital Projects Funds (89) Project: Aaron Drive (Saratoga to Summer Winds) (Project No. 23164) Account: Construction Contract (550910) Activity: 23164 Amount: $550,151.39 Fund: WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (46) Organization: Grants & Capital Projects Funds (89) Project: Aaron Drive (Saratoga to Summer Winds) (Project No. 23164) Account: Construction Contract (550910) Activity: 23164 Amount: $689,286.46 Fund: Water 2024 CIP (Fund 4491) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Aaron Drive (Saratoga to Summer Winds) (Project No. 23164) Account: Construction Contract (550910) Activity: 23164 Amount: $768,848.07 Total: $3,840,880.73 RECOMMENDATION: Staff recommends awarding the construction contract to Grace Paving and Construction, Inc. for the reconstruction of Aaron Drive from Saratoga Blvd. to Summer Wind Drive in the amount of $3,840,880.73 with construction duration planned for 16 months from issuance of the Notice to Proceed with construction starting in February 2025 and completed by February 2026. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Bid Tabs (Base Bid) CIP Page Power Point Presentation RFB 6122 Aaron Drive (Saratoga Boulevard to Summer winds Dnve) ID: RFB 6122 Project N o. 23164 Item Descnption Unit t Grace Paving FTotal MAX UndergmlTotal Bay Ltd Total A Ortiz ConstnTotal Mako ContracliTotal JE CONSTRU(Total Mor-WI, L L C Total Base Bid PART A - GEN Al A2 A3 A4 A5 A6 A7 Al Sub Totals Mobilization LS Bonds and LS ozone Action EA Door Hangers LS Traffic Control LS Stormwater EA Stormwater LS Final Sile LS 100 $1,34359 5134359 59,65580 5965580 56,30000 $630000 $8.924. 18 $8924.18 $900000 $9,00000 $4,54000 100 $55,00000 55500000 $6663300 $6663300 $28,65000 $28650_00 $86. 86157 $8686157 $69,70000 $69,70000 $40,05000 5.00 $025 $125 5140980 57,04900 $12000 560000 $050 $250 $100 $500 $600 100 548125 568125 $3,05900 $305900 5150000 5150000 $100000 $1,000_00 5150000 5150000 53,23000 100 $54,89440 55489440 $69,42600 $69,42600 $72,80000 57280000 55500000 $55000_00 565,00000 $65,000_00 567,29500 2800 52522 570616 523893 $6,69004 $20000 55600.00 520000 55,60000 5100.00 $2,80000 $22500 100 5187000 $187000 $14,63000 51463000 $64000 $640.00 5495000 $4950.00 515,00000 515000_00 51,51500 100 52140625 $2140625 $4482100 54482100 54130000 541300.00 $39,00000 $39000.00 525,00000 $2500000 557,49000 41 .6,YG290 522196384 5157,39000 520133825 $4 540.00 $40,050 00 $30 00 $3,23000 $67,29500 $6,30000 $1 51500 $57,49000 $20 300 00 $116,00000 $3,62500 $14 500 00 $108,75000 $1 553 5] $43,500.00 $72,500.00 $20,30000 $11600000 $18,12500 $14,50000 $108,75000 $43,49996 $43,50000 $72,50000 81 Mobilization LS 100 $29,00000 $29,000_00 $69,95800 56995800 $55,00000 $55,000_00 $74,40513 574,40513 $70,000.00 $70,000_00 $50,61000 $50,61000 587,00000 $87,00000 1101500 $27_69 530500535 $4356 5479,81340 52800 530842000 $3300 $363,49500 54060 $447,20900 53000 5330,45000 55416 5596,57240 2,20300 $437 5962711 $727 $16,01581 $500 51101500 $500 51101500 51035 $2280105 $600 51321800 51814 53996242 1101500 $500 $55,07500 $7_80 585,917_00 $4-60 55066900 $500 $55,07500 $805 588,6]0]5 5400 $44,06000 51370 5150,90550 1101500 $3403 537484045 $4352 547937280 53900 542958500 54000 $440,600_00 539.00 5429,58500 54400 5484,66000 $4920 554193800 1101500 $1998 52200]9]0 51805 $19882075 $2800 $30842000 $1950 $21479250 $25.00 5275,37500 $2400 5264,36000 $1501 5165,33515 11250_00 51030 511587500 51240 5139,50000 51175 513218750 51300 $146250_00 514.00 5157,50000 51400 5157,50000 $3501 $393,86250 100 53,85000 53850_00 55,34660 5534660 55,60000 $560300 55,00000 $5,000_00 54,50000 54,50000 54,20000 $420000 $25,37500 $25,37500 1900 5]]000 $14,63000 $98560 51872640 590000 517,10000 $1 100.00 $20,90000 $840_00 $15,96000 $88500 $16,81500 51907_89 536,24991 8,45000 $1325 511196250 $1605 513562250 $1500 512675000 $1550 $130,97500 51350 511407500 51600 5135200.00 52175 518378750 100 5100,00000 510000000 5100,00000 5100000.00 $160,00000 $100 000 00 5100.000.00 $10000000 $100,00000 5100000.00 510000000 5100000.00 5100,00000 510000000 51339,94511 $1729,09326 51544,746.50 $1562,507_63 $1725,67580 5160107300 52,320,98838 B2 3"Type G Sy B3 Pnme Coal, GAL B4 Single Course Sy B5 10" Flex Base Sy B6 12" Lime sy B] Street Sy B8 Pavement LS B9 Street Signs EA 8T0 Concrete SF B11 Allowance for LS Sub Totals PART C - ADA Cl Mobilization LS C2 Concrete SF C3 Sidewalk SF C4 Concrete Curb SF C5 Concrete Curb SF C6 Allowance for Ls 100 $9,00000 $9,000_00 $5,98500 $598500 $14,00000 $14,000_00 $17,37025 517,37025 515,00000 $15,00000 $10,80500 $10,80500 526,10000 $2610000 17,62800 58.55 $150,71940 51216 5214356_48 5180 5137,498_40 $7_25 $12780300 $850 5149,83800 $900 5158,65200 51088 519179264 17,01400 $215 536580_10 $200 53402800 $1 ]0 52892380 $300 55104200 5300 $5104200 $100 $17,01400 $580 $98,68120 4,16000 $560 $23296.00 5203 $8,44480 $135 5561600 5350 514,56000 $400 516640_00 $300 512,48000 $580 524,12800 4,16000 $2625 510920000 $1806 $75,12960 $2700 511232000 $2500 $104,00000 52800 $116,48000 52200 $9152000 $5800 $24128000 100 $50,00000 $50000.00 550,000.00 55000006 $50,00000 $56000.00 $50,00000 $5000060 $50,000.00 55600000 $50,00000 550,000.00 $50,00606 550,000.00 Sub Totals 1111MI$378,79550 $387,94388 5348,35820 5464,77525 5399,00000 5340,47100 563198184 MENIE 01 Mobilization LS 100 $25000 5250.00 $100000 $1000.00 5100000 5100000 $125000 $125000 5130000 $130000 5118000 $1,18000 $125000 $1,25000 G2 Allowance for LS 100 525,000.00 52500000 $25,00000 525000.00 $25,00000 $2500000 $25,00000 $2500000 525,00000 525000.00 $25,00000 525,000.00 $25,00000 525,00000 Sub Totals $25,25000 526,00000 $26,00000 526,25000 $26,300.00 526,18000 $2625000 INIMEN 01 Mobilization LS 100 $12,00000 $12,000_00 519,41800 519,41800 $28,00000 $28,000_00 $34,69035 $34690.35 $30,000.00 $30,00000 527,42000 $27,42000 $2175000 $2175000 H2 6"51004a01 LF 4,72100 $2296 $108,39416 $2127 $100,41567 $2900 $136,90900 $3000 $14163000 $2800 $132,18800 $30.00 $141630_00 $3480 $16429080 H3 Curb and LF 4,72100 $541 $25,54061 $587 $27,71227 $710 $33,51910 $500 $2360500 $800 $37,768_00 $200 $9,44200 $810 $410]2]0 H4 Demolition of EA 200 $53475 $106950 $104405 $2088_10 $98000 $1960_00 $75000 $1500.00 $3,500_00 $7,00000 $107000 $2,14000 $1250.00 $14,50000 H5 Removal of LF 80000 $2875 $23,000_00 $2454 $19,63200 $1050 $8,40000 $3000 $24,000.00 $2815 $23,00000 $5900 $4720000 $2719 $2175200 H6 New Curb Inlet EA 400 $4,267_50 $17,07000 $6,76970 $27,07880 $8,30000 $3320000 $6,35000 $25,400.00 $6,61250 $26,45000 $8,080.00 $32,32000 $6,70625 $26,82500 07 Curb Inlet EA 2000 $245000 $49,00000 $151620 $30,32400 $3300_00 $66,00000 5350000 $70,00000 $300000 500,000.00 $202000 $40,40000 $242078 $48,41560 H8 Curb Inlet EA 200 $2,87500 $5,75000 $1822.10 $364420 $3,50000 $700000 5400000 $8000_00 $400000 $800000 $2,27000 $4,54000 $2,96453 $5,92906 H9 Curb Inlet EA 200 $3,00000 $6,00000 $2,12300 $425600 $3,60300 $720000 $500000 $1000000 $5,00000 $10,00000 $2,52500 $5,05000 $2,96453 $5,92906 H10 48-Junction EA 7_00 $2,09107 $1463749 $3,09320 $2165240 $3,80000 $26600_00 $5,50000 $38500_00 $2,50000 $17,50000 $3,78000 $26,46000 $3,95633 $27,69431 011 New48" EA 600 $5,31250 $3187500 $6,89383 $4136298 $7,10000 $42600_00 $7,70000 $4620000 $7,47500 $44350_00 $13,900_00 $83,40000 $6,58934 $3953604 H12 18-Reinforced LF 56800 $10672 $80,61696 $8328 $47,30304 $20000 $113,60000 $17000 $96,56000 $147_20 $8360960 $22000 $12496000 $10669 $6059992 H13 24-Reinforced LF 13600 $13178 $17,92208 $10831 $14,73016 $24000 $32,64000 $18000 $24,480.00 $11365 $2361640 $36500 $4964000 $13218 $17,97648 H14 30"Reinforced LF 8000 $18300 $14,64000 $15594 $12,47520 $23000 $18,40000 $20500 $16,40000 $215.05 $17,20400 $40500 $3240000 $15153 $12,12240 H15 36"0ei08000e4 LF 32000 $21219 $67,90080 $19378 $62,00960 $26000 $83,20000 $25000 $80,08000 $26450 $8464000 $45500 $145 600 00 $21962 $7027840 H16 Trench Safely EA 4100 $287-50 $11787_50 $400_95 $16,43895 $16000 50,56000 $70000 $28,70000 $28750 $11787_50 $82100 $33,66100 $17683 $7,25003 H17 Trench Safety LF 1,10400 $575 $6,34800 $855 $9,43920 $7_10 $7,838.40 $800 $883200 $575 5034800 $900 $9936_00 $1313 $14,49552 H18 Allowance for LS 100 $50,000. 00 $50000. 00 $50,000. 00 $50,000.00 $50,000.00 $50000. 00 $50,00000 $5000000 $50,00000 $50000. 00 $50,000 00 $50,000. 00 $50000_00 $50,000. 00 Sub Totals $523,552.10 $509,980_57 $703,62650 $728,497_35 $673,961.50 $866,19900 $650,417_32 11 Mobilization LS 100 $17,64932 $17,64932 $13,007_40 $13,007_40 $3100060 $31000_00 $3123420 $3123420 $30,00000 $30000_00 $24,390.00 $24,39000 $20,30000 $20,30000 12 New 4'Dia_ FA 100 $17,050.00 $17,050_00 $9,42970 $9,42970 $19,900_00 $19900_00 $1700000 $17,00000 $17,82500 $17,82500 $19,57500 $19,57500 $12,71505 $12,71505 13 Trench Safety FA 100 $2,750_00 $2750_00 $1,14380 $114380 $3,20000 $320000 $3 00000 $3,000_00 $287500 $2,87500 $3,15000 $3,150.00 $5,07500 $5,07500 14 Wastewater LS 100 $38,500_00 $38,50000 $44,82100 $4482100 $45,000_00 $45000_00 $38 00000 $38,00000 $4025000 $40250_00 $44,20000 $44200.00 $65,25000 $65250_00 15 Wastewater FA 1000 $275000 $27,500.00 $2154_60 $2154600 $320000 $32,000_00 $3,00000 $30,00000 $287500 $28,750.00 $3,15000 $31,50000 $174998 $17,49980 16 Rehabilitate FA 600 $6,600_00 $39600_00 $4,57963 $27,477_78 $7,70000 $46200_00 $700000 $42000_00 $6,90000 $41400_00 $7,57800 $45,420.00 $4,18224 $25,09344 17 15"AS4M LF 130.00 $60500 $78,65000 $46857 $6091410 $700.00 $9100000 $59500 $77,35000 $63250 $8222500 $69500 $90350_00 $36250 $4712500 18 10"ASiM LF 8000 $517_50 $46200_00 $257_69 $20,61520 $61800 $53600.00 $57800 $45600_00 $60375 $48,300_00 $66500 $53,20000 $36250 $29,00000 19 8"ASTM LF 68600 $49280 $33806080 $1]1]8 $117,84108 $580.00 $397,88000 $46900 $32173400 $556. 00 $38141600 $56500 $38159000 $36250 $24867500 110 Allowance for LS 100 $50,000.00 $50000. 00 $50,000_00 $50000. 00 $50,000. 00 $50,000.00 $50,00000 $50000. 00 $50,00000 $50,000.00 $50,00900 $50.000. 00 $50,00000 $50,000.00 Sub Totals $655,960.12 $366,79606 $769,780_00 $655,91820 $723,04100 $749,37500 $520,73329 J1 Mobilization LS 100 $17,000.00 $17,00000 $28,32900 $2832900 $24,000.00 $24,000.00 $38,90015 $38900_15 $30,00000 $3000000 $27,90000 $27,900.00 $26,10000 $26,100.00 J2 6"PVC LF 68900 $8470 $57,596.00 $5133 $34,904.40 $7900 $47 60000 $8500 $57,800.00 $8165 $55,52200 $10200 $69360.00 $3185 $21658_00 J3 8"PVC LF 2,320_00 $89.10 $206,71200 $5903 $136,94960 $7800 $180,96000 $9200 $213,440_00 $87_00 $20184000 $11800 $273,760.00 $4293 $99597_60 J4 Miscellaneous LS 100 $37,950_00 $37,950_00 $13,03400 $1303400 $8,20000 $8200.00 $40,00000 $40,000_00 $35,24750 $35247_50 $11,35000 $11350.00 $7,250_00 $7,25000 J5 6"7100 LF 300.00 $4290 $12,87900 $1658 $4,97400 $2400 $7,20000 $45. 00 $13,500.00 $2500 $7,500_00 $6.00 $180000 $6283 $1884900 J6 8"Pipe LF 150.00 $45.10 $6,76500 $2181 $3,27150 $2100 $4,05000 $5000 $7,500_00 $3500 $525000 $1000 $150000 $6283 $9,42450 27 Remove and LF 1000.00 $27_50 $27,500.00 $1378 $13,78000 $2200 $22,00000 $3000 $3000000 $2875 $28,750_00 $7800 $7000000 $1450 $14500_00 J8 Fire Hydrant FA 7_00 $62150 $4350_50 $47120 $329840 $50000 $3,500_00 $69500 $486500 $64975 $4,54825 $139000 $9,730.00 $103571 $7,24997 J9 New Fire FA 7_00 $7,700_00 $53900_00 $9,42020 $65,94140 $6,50000 $45,50000 $9,50000 $66,500_00 $8,05000 $5635000 $12,00000 $84,000.00 $9,01535 $63,107_45 J10 Water FA 1100 $160050 $17,60550 $214130 $23,55430 $980.00 $10,780_00 $200000 $22000_00 $158125 $17,39375 $5,180.00 $56,98000 $3097_61 $340]3]1 J11 Trench Safety LF 3,000.00 $440 $13,200.00 $699 $20,97800 $155 $465000 $800 $24,000.00 $460 $13800_00 $900 $27000.00 $242 $7260_00 J12 6"1125°DI, EA 300 $71500 $214500 $175338 $5260_14 $45000 $1350_00 $1,15600 $3,468.00 $747_50 $2,24250 $26500 $79500 $1,02302 $3,06906 J13 00225° 01, EA 100 $687-50 $687_50 $1768.90 $1768_90 $44800 $440.00 $1,150.00 $1150_00 $71875 $71875 $27500 $27500 $13]9]8 $13]9]8 J14 0045° 01, MJ EA 2800 $126500 $35,420_00 $178268 $49,91504 $45000 $12,600_00 $135000 $37,800.00 $132250 $37,030_00 $340.00 $9,52000 $147851 $4139828 J15 0045° DI, MJ EA 3200 $133650 $42,76800 $197505 $63,20160 $58000 $18,560_00 $150000 $48,000_00 $1,437_50 $46,000_00 $510.00 $16,32000 $166580 $53,30560 J16 8"X00X6" EA 600 $1,15500 $6930.00 $2,790.78 $16,744_68 $71000 $4260_00 $125000 $7,500.00 $1207_50 $7,24500 $1060.00 $6,360_00 $2,30834 $13,850_04 J17 8"X6"Cross EA 300 $75350 $226050 $2,91270 $8,738_10 $950.00 $2850_00 $99500 $298500 $78]]5 $2,36325 $122500 $3,67500 $2,10348 $6,310_44 J18 8"X8"Cross EA 100 $1897_50 $1897_50 $3,11220 $311220 $98000 $980.00 $1950.00 $1,95000 $198375 $198375 $139000 $1390_00 $2,62135 $2,62135 J19 8"X6"DI, MJ EA 100 $797-50 $797.50 $1,848_70 $1848.70 $34900 $34900 $99500 $99500 $83375 $83375 $31900 $310.00 $142809 $1,42809 J20 8"Gate valve EA 100 $187900 $187900 $5,71905 $5,71905 $110000 $110000 $2,50000 $250000 $195500 $1955.00 $5,05000 $5,050.00 $2,75865 $2,75865 J21 8"PVC to EA 100 $4,07800 $4,07600 $3,17205 $317205 $4,00000 $4,000.00 $4,15000 $4150.00 $4,12275 $4,12275 $4,80000 $4,800_00 $1,55392 $1,55392 J22 6"PVC to EA 200 $3,520.00 $7,040_00 $2,26100 $452200 $3,90000 $7800.00 $3,90000 $780000 $3,45000 $6,900.00 $4,300 00 $8,60900 $86258 $1725_16 J23 00AC to PVC EA 1200 $396000 $47,520_00 $2309_77 $21717_24 $390000 $46,800.00 $4150_00 $49,800_00 $3910_00 $46,920_00 $440000 $52,80000 $48302 $5,79624 J24 00AC to PVC EA 100 $4,01500 $401500 $3,138.80 $3138_80 $4,00000 $4000_00 $4,150.00 $415000 $3,65000 $3,650_00 $4,90000 $4,900.00 $163097 $1630_97 J25 6"MJ EA 1300 $2,47500 $32,17500 $3,33625 $43,37125 $1400.00 $18200.00 $295000 $38,35000 $2587_50 $3363150 $2800.00 $36,40000 $261661 $34,01593 J26 8"MJ EA 1200 $305250 $36630.00 $4160_68 $49,928. 16 $2,600 00 $31200.00 $3,150_00 $37,800.00 $287500 $34500.00 $3030.00 $36,36000 $3,32394 $3988128 J27 Allowance for LS 100 $50,000.00 $50,000 00 $50,400_00 $50000. 00 $50,000. 00 $5000000 $50,00000 $50,000 00 $50,000_00 $5000000 $50,000 00 $50,000. 00 $50,00000 $50,000. 00 Sub Totals $731 6]500 i $687,164 51 $562,92890 $816,90315 $736,303 ]5 $870,935.00 i$569,801 02 K1 Allowance for LS 100 $50,000. 00 $50,00000 $50,000. 00 $50,000.00 $50,000. 00 $50,00000 $50,000 00 $5000000 $50,00000 $50,000 00 $50,000 00 $50,000.00 $50,000 00 $50,00000 Sub Totals $50,00000 $50,00000 $50,00000 $50,00000 $50,00000 $50,00000 $5000000 Grand Total $3,840,88973 $3978,942.12 $4162,82120 $4406,18983 $4522,287_05 $4684,68300 $5,207,34681 Capital Improvement Plan City of Corpus Christi, Texas 2025 thni 2027 Project # 23164 Project Name Aaron Dr. (Saratoga Blvd to Summer Winds) Type Rehabilitation Useful Life 25 years Category Street -Rehabilitation Description Department Public Works- Streets Contact Director of Public Works Priority Priority Level 1 Council District 5 Status Active This project consists of reconstruction of existing 2-lane roadway with new pavement, curb and gutters, sidewalk with ADA compliant curb ramps, signage, pavement markings, upgrade street illumination, utility improvements and drainage improvements as needed. This project is currently scheduled to begin construction in FY 2025. Justification This project will replace aging utilities where applicable, improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab Design Storm Water -St. Wastewater -St Water -St. Gas -St. Eng, Admin Reimbursements 2,273,005 2,273,005 472,700 472,700 1,409,744 1,409,744 634,385 634,385 634,385 634,385 140,974 140,974 41,726 290,166 331,892 Total 514,426 5,382,659 5,897,085 Funding Sources Prior Years 2025 2026 2027 Total G.O. Bond 2022 236,829 2,563,171 2,800,000 Revenue Bonds 277,597 2,819,488 3,097,085 Total 514,426 5,382,659 5,897,085 Budget Impact/Other There is no projected operational impact with this project, at this time. Once the project is completed it will be added to the Street Preventative Maintenance Program. 208 Resolution amending City Council Policy 28 that provides guidelines on whether asphalt pavement (HMAC) or concrete pavement (PCC) should be selected for the construction of arterial and collector streets WHEREAS, the Corpus Christi City Council has requested the Public Works Department reconsider its evaluations for recommending when either asphalt or concrete pavement should be used for the design and construction of streets; WHEREAS, streets will continue to be designed and bid with both asphalt and concrete pavement unless preliminary research by Public Works supports either an asphalt or concrete surface design; WHEREAS, whether a road is classified as a Collector or an Arterial shall be a factor when considering whether a particular surface type is more suitable for the design of a particular street. WHEREAS, the City of Corpus Christi is currently expending funds for engineering design firms to design plans for the bid and construction of City Streets with both concrete and asphalt pavement designs when a street may be more suitable for a particular design; WHEREAS, the FY 2024 policy update includes an emphasis on heavy vehicle traffic (trucks, buses, etc.), constructability, continuity of existing pavement, and the presence of underground utilities for selection of concrete or asphalt pavement; WHEREAS, the Department of Public Works shall use the criteria listed below to determine whether the City Street shall be an asphalt or concrete street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Council Policy 28 is amended as follows: 28. — Guidelines for the Selection of Asphalt or Concrete Pavement for Residential, Collector, and Arterial Streets Design and Construction If the street is classified as a Collector, then Asphalt Pavement will be utilized for the design and construction of the street unless the street has a high heavy vehicle volume (trucks, buses, etc.). In the event the street is located in an industrial area and/or an area with a high percentage of average daily heavy vehicle traffic then concrete pavement will be used for the design and construction of the street. If the street is classified as an Arterial then the underground utilities, constructability, continuity and amount of heavy vehicle traffic will be considered in deciding whether concrete or asphalt pavement should be utilized for the design and construction of the street. When large quantities of underground utilities are present under a street and/or a street is located in an area with a high percentage of average daily heavy vehicle traffic, then concrete pavement will be utilized for the design. 1 03336 In the event a street is located in an area where the constructability of concrete pavement would not be feasible because of the requirement of continuous driveway access to facilities/residences then asphalt pavement will be utilized for the design of the street. Further the continuity of the existing pavement type shall be considered in the selection of asphalt or concrete pavement. In the event none of the above factors are determinative then street will be designed and bid with both asphalt and concrete pavement and if the construction cost for concrete pavement is within $125,000.00 per lane mile, which should represent the future anticipated maintenance cost of the asphalt pavement alternative, then the concrete pavement alternative will be used for the construction of the street. .PASSED and APPROVED on the ) (Thi day of Paulette Guajardo, Mayor , 2024. Rebecca Huerta, City Secretary 2 033366 Bond 2022 Project List PUBLIC WORKS Council District Project Name Bid CLASSIFICATION 1 Upper/Middle/ Lower Broadway - Coopers Alley to Twigg - Design Only Concrete C-1 1 Starlite Lane - Violet to Leopard HMAC C-1 1 Surfside Blvd - Breakwater to Elm HMAC C-1 1 McCampbell - Agnes to Leopard Concrete LOCAL 2 Alameda Street (Texan to Doddridge) Design Only Concrete/HMAC A-2 2 Alameda Street - Airline to Everhart Concrete/HMAC A-2 3 Carroll Lane - SPID to Holly HMAC C-1 3 Bonner Drive - Everhart to Flynn HMAC C-1 3 Martin Street - Holly to Dorado HMAC C-1 4 Flour Bluff Drive - Yorktown to Don Patricio Concrete/HMAC A-1 4 Holly Road - Paul Jones to Ennis Joslin - Design Only Concrete/HMAC A-2 5 Timbergate Drive - Snowgoose to Staples HMAC C-1 5 Aaron Dr - Saratoga Blvd to Summer Winds HMAC C-1 19 Project Location Location Map PECANWALLEY BILTMORE 'r w t 1 _. t 'ACUSHNET VI °WALNUT HILLS SR ; s 1 ki . t,i, WALNUTIHILLS . ;' MICHELLEi: `+ z , ..= AARON DRIVE (SARATOGA TO SUMMER WIND) COODY HOGAN PROJECT NO. 23164 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES L4i Corpus Chr sti Engineering Aaron Drive Saratoga Blvd to Summer Wind Drive Council Presentation January 14, 2025 Aaron Drive Saratoga Blvd to Summer Wind Dr Project Location AARON DRIVE (SARATOGA TO SUMMER WIND) CITY COUNCIL EXHIBIT Corpus Christi Engineering 2 Aaron Drive Saratoga Blvd to Summer Wind Dr Scope of Work ‘41 Corpus Chr sti Engineering Motion awarding a contract to Grace Paving & Construction, Inc., of Corpus Christi, TX for the reconstruction of Aaron Drive from Saratoga Blvd to Summer Wind Drive, located in Council District 5, in an amount of $3,840,880.73. The proposed scope of work includes the below items: • new asphalt pavement, curbs and gutters, and 5-ft sidewalks • ADA-compliant curb ramps, signage, relocated light poles • Upgraded Stormwater, Water, and Wastewater utilities Aaron Drive Saratoga Blvd to Summer Wind Dr Project Schedule ‘41 Corpus Chr sti Engineering 2023-2024 2024 2025-2026 Oct - Sept Oct - Jan Feb - Feb Bid/Award Construction Projected Schedule reflects City Council award in January 2025, with anticipated construction completion by February 2026. AGENDA MEMORANDUM Motion Item for the City Council Meeting of January 14th, 2025 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Arturo Marquez, Director of Economic Development arturom3@cctexas.com (361) 826-3885 Sergio Villasana, CTCD, Director of Finance & Procurement joshc2@cctexas.com (361) 826-3169 Professional Services Contract Design of Sand Dollar Avenue & Crowsnest CAPTION: Resolution authorizing a professional services contract with Halff Associates of Corpus Christi, TX, in an amount of $927,701.00 for the design of Sand Dollar Avenue and Crowsnest, located in District 4, with FY 2025 funding available from the Tax Increment Reinvestment Zone #2 (Island TIRZ) Fund. SUMMARY: This resolution authorizes approval of a professional services contract to Halff Associates to perform design services for the design of Sand Dollar Ave and Crowsnest. Crowsnest will be a new thoroughfare on North Padre Island. Sand Dollar Avenue will be an extension of the existing thoroughfare. BACKGROUND AND PURPOSE: North Padre Island has several areas where planned streets, or paper streets, were platted but have never been constructed. This limits mobility, connectivity, and development within these areas. Two paper streets were identified in the Island's Area Development Plan are Sand Dollar Avenue and Crowsnest. The Northern Area, which includes Sand Dollar Avenue between Verdemar Drive and Highway 361 and the Central Area, which includes Crowsnest from Beach Access 4 to Whitecap and continuing to Park Road 22 are identified as two priority areas by the Island TIRZ board for FY24. The Island TIRZ board approved $7.2 million total for the design and construction of Sand Dollar Ave and Crowsnest on July 18, 2023. Implementing these streets will lead to enhanced mobility and development at North Padre Island. Additionally, the construction of these planned streets will open up opportunities for businesses to establish themselves in these areas, boosting economic growth and overall prosperity for North Padre Island. By addressing these infrastructure needs, the island will be better positioned for future growth and development, ensuring its long-term success as a thriving coastal community. The existing Sand Dollar Avenue is a 0.18-mile asphalt road consisting of two lanes, currently utilized by a limited number of surrounding residents. The project scope includes the extension of the existing Sand Dollar Avenue, beginning at Verdemar Drive and terminating at SH 361, spanning an approximate length of 0.39 miles. The Crowsnest Street project includes the construction of a new 0.68-mile, two-lane thoroughfare, beginning at Beach Access Rd #4, extending north past Whitecap Blvd, then pivoting westbound and terminating at Park Road 22. The design scope for both streets includes pavements, sidewalks, curb and gutter, and ADA- compliant ramps. While some public utilities exist at various points along the proposed roadway locations, additional gas lines, wastewater, stormwater, drainage system, and potable water infrastructure will be required. Roadway lighting will also be added to meet City Street Lighting Design Policy and Guidelines. Based on the Geotechinical report, the streets will be designed asphalt or concrete. PROJECT TIMELINE: 2025 - 2026 January - March Design Phase The projected schedule reflects City Council award of professional services in January 2025 with anticipated design completion by March 2026. COMPETITIVE SOLICITATION PROCESS: Halff Associates was selected in May 2024 for the design of the Sand Dollar Avenue and Crowsnest Street project under RFQ #5036. The Contracts and Procurement Department issued RFQ #5036 - Professional Engineering Services for the design of three street projects. Due to the similarities in design scope and the proximity of the two locations, Sand Dollar Avenue and Crowsnest Street are categorized as single street project. The Contracts and Procurement Department received proposals from thirteen (13) firms. Selection committee was comprised of representatives from the Public Works and Engineering Services Department. The selection committee evaluated thirteen firms against the six factors below and selected the top 3 firms. The final evaluation graded Halff Associates as the third highest ranked firm. Each firm in the Top 3 is selected for one street projects from RFQ #5036. 1. Experience On Projects Of Similar Scope & Complexity 2. Demonstrated Capability & Capacity On Comparable Projects 3. Team Members With Experience & Qualifications 4. Team Members Experience With Work Of Similar Scope & Complexity 5. Availability Of Resources To Accomplish The Work 6. Demonstrated Understanding Of The Scope Of Services Halff Associates has completed several City street projects such as Waldron Road (Bond 2020), Wildcat Drive (Bond 2020) and the Residential Street Rebuild Program projects Devonshire Drive and Waterloo Street (Bond 2018). ALTERNATIVES: Council could elect not to award this contract to Halff Associates. Not awarding the contract for these professional services would delay the projects and conflict with City Council's goal to support the mobility and development of North Padre Island. FISCAL IMPACT: The project is being funded in FY25 through the Tax Increment Reinvestment Zone #2 (Island TIRZ) fund through projects Sand Dollar Avenue (Verdemar Dr. and Highway 361) & Crowsnest (Beach Access 4 to Whitecap) FUNDING DETAIL: Fund: Department: Org: Account: Activity: Amount Fund: Department: Org: Account: Activity: Amount PackChProjTIF2 (Fund 3278) Economic Development (57) Grants and Capital Projects (89) Design (550950) 24130 $401,865.00 PackChProjTIF2 (Fund 3278) Economic Development (57) Grants and Capital Projects (89) Design (550950) 24134 $525,836.00 TOTAL: $927,701.00 RECOMMENDATION: Staff recommends approval of the professional services contract with Halff Associates in an amount not to exceed $927,701.00 for the Sand Dollar Avenue and Crowsnest Street project. This design will begin in January 2025 with estimated completion of the design phase by March 2026. LIST OF SUPPORTING DOCUMENTS: Resolution Location & Vicinity Maps Evaluation Matrix Proposal Presentation Resolution authorizing a professional services contract with Halff Associates of Corpus Christi, TX, in an amount of $927,701.00 for the design of Sand Dollar Avenue and Crowsnest, located in District 4, with FY 2025 funding available from the Tax Increment Reinvestment Zone #2 (Island TIRZ) Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a professional services contract with Halff Associates of Corpus Christi in the amount of $927,701.00 for the design of Crowsnest and the extension of Sand Dollar Avenue. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RFQ No. 5036 Professional Engineering Services FY2024 Streets Proposal Evaluation Score Freese and Nichols UA Engineering Halff Associates HDR Engineering Hanson Ardurra Pape Dawson AG3 • Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Pass Pass Licensing/Certification 9" Re e Re Re @® @® Re No Material Lawsuits Past 5 years V V eF% e,9 V V C^x✓ No Material Regulatory Issues Past 5 years ei d ae e® C% Re Re Re References Provided for Firm Re ee ve Re e ®d 40 Re Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 7.0 6.3 6.7 6.0 6.3 5.3 6.0 6.3 Demonstrated capability& capacity on comparable projects 7.0 7.0 6.3 6.3 6.0 6.3 6.0 5.3 5.6 Past Performance 7.0 7.0 6.3 6.3 5.6 6.0 5.6 4.9 6.0 Team members with experience and qualifications 7.0 7.0 6.3 6.7 6.0 7.0 6.0 5.6 5.6 Team members experience with work of similar scope and complexity 7.0 7.0 6.3 6.7 6.7 6.0 5.3 5.6 5.3 Availability of resources to accomplish the work 7.0 7.0 6.3 5.6 6.3 4.9 5.6 5.6 4.6 Demonstrated understanding of the scope of services 14.0 14.0 13.3 13.3 13.3 13.3 11.9 12.6 10.5 Demonstrated understanding and experience with a public agency 14.0 14.0 14.0 13.3 13.3 14.0 13.3 12.6 11.9 Subtotal Technical Proposal 70.0 70.0 65.1 64.8 63.0 63.7 58.8 58.1 55.7 Interview Experience on projects of similar scope and complexity 4.0 4.0 3.4 3.4 3.4 3.2 0.0 0.0 0.0 Demonstrated capability& capacity on comparable projects 4.0 4.0 3.4 3.6 3.4 3.0 0.0 0.0 0.0 Past Performance 2.0 2.0 1.7 1.6 1.6 1.6 0.0 0.0 0.0 Team members with experience and qualifications 4.0 4.0 3.4 3.8 3.4 3.2 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 4.0 4.0 3.2 3.2 3.0 2.8 0.0 0.0 0.0 Availability of resources to accomplish the work 2.0 2.0 1.6 1.8 1.7 1.7 0.0 0.0 0.0 Demonstrated understanding of the scope of services 5.0 5.0 4.5 4.5 4.8 4.5 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 5.0 4.8 4.3 4.3 4.5 0.0 0.0 0.0 Subtotal Interview 30.0 30.0 26.0 26.2 25.5 24.5 0.0 0.0 0.0 Total Score 100.0 100.0 91.1 90.9 88.5 88.2 58.8 58.1 55.7 RFQ No. 5036 Professional Engineering Services FY202 Streets Proposal Evaluation Munoz Engineering J. Schwarz & Associates Mendez Engineering Sames Engineering LeFevre Engineering • Corpus Christi Corpus Christi Corpus Christi McAllen Port Mansfield Minimum Qualifications Pass Pass Pass Pass Pass Licensing/Certification C 1 V V 1 No Material Lawsuits Past 5 years 1 1 V V e9 No Material Regulatory Issues Past 5 years qi ce v V References Provided for Firm V 1 V V 1 Minimum Qualifications Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 4.9 5.3 4.6 3.5 3.5 Demonstrated capability& capacity on comparable projects 4.6 4.9 3.2 3.5 3.2 Past Performance 4.9 5.6 3.2 3.5 3.5 Team members with experience and qualifications 6.0 5.6 4.6 5.3 3.5 Team members experience with work of similar scope and complexity 5.6 5.3 4.6 5.3 3.9 Availability of resources to accomplish the work 4.2 4.9 4.6 3.5 3.5 Demonstrated understanding of the scope of services 11.2 10.5 10.5 10.5 8.4 Demonstrated understanding and experience with a public agency 11.9 10.5 9.8 7.0 9.8 Subtotal Technical Proposal 53.2 52.5 44.8 42.0 39.2 Interview Experience on projects of similar scope and complexity 0.0 0.0 0.0 0.0 0.0 Demonstrated capability& capacity on comparable projects 0.0 0.0 0.0 0.0 0.0 Past Performance 0.0 0.0 0.0 0.0 0.0 Team members with experience and qualifications 0.0 0.0 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 0.0 0.0 0.0 0.0 0.0 Availability of resources to accomplish the work 0.0 0.0 0.0 0.0 0.0 Demonstrated understanding of the scope of services 0.0 0.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 0.0 0.0 0.0 0.0 0.0 Subtotal Interview 0.0 0.0 0.0 0.0 0.0 Total Score 53.2 52.5 44.8 42.0 39.2 oject No. Project Name Top Ranked Firm + 2nd Ranked Firm PW / Streets 24142 Corn Products Rd (IH 37 to Hopkins Rd) LJA Engineering Halff PW / Streets 24024 Williams Dr - (Rodd Field to Lexington Rd) Freese and Nichols LJA Engineering PW / Streets 24132 / 24134 North Padre Island Paper Street Halff Associates HDR Engineering Seawall/TIRZ #2 24133 North Padre Island Seawall Hanson Professional Services Freese and Nichols Water / CCW E16290 / 20267 Pressure Plane - Calallen Area CP&Y dba STV Infrastructure Ardurra Water / CCW 23060 South Side Water Transmission Grid Completion HDR Engineering Garver Water / CCW 24020 E. Navigation Blvd Water Line Replacement LAN Halff Water / CCW 23061 16-inch Water Main Extension Hwy 286 to Alameda Halff Associates Ardurra Water / CCW 24100 Yard Storage Open(CCW) p g J Schwarz Munoz Engineering Water / CCW 24026 ONSWTP Fluoride System Improvements y Hazen and Sawyer Ardurra Water / CCW 23059 ONSWTP Solids Handling & Disposal Facility Ardurra Hazen and Sawyer WW / CCW n/a Citywide Wastewater IDIQ Program Halff Associates Urban WW / CCW 23018 Blucher Park Wastewater Improvements LJA Engineering Halff WW /CCW 24106 Northwest Blvd. Wastewater Infrastructure Urban Engineering Garver Capital Improvement Plan City of Corpus Christi, Texas 2025 thrru 2027 Project # 24130/24134 Project Name North Padre Island Paper Street Type Improvement/Additions Useful Life 25 years Category Street Construction Description Department Economic Development Contact Dir of Economic Development Priority Priority Level 2 Council District 4 Status Active North Padre Island has several areas where planned streets, or paper streets, have never been constructed. This limits mobility, connectivity, and development within these area. There are two primary sites, The Northern Area which includes Sand Dollar Ave (24130) between Verdemar Dr and Highway 361 and the Central Area which includes Crowsnest (24134) from Beach Access 4 to Whitecap and continuing to Park Road 22. The project would include construction of the streets and any needed utilities. Justification This project was deemed the top priority of ISAC and is needed to encourage continued growth on North Padre Island. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 2,381,660 2,731,660 5,113,320 Design 1,100,000 1,100,000 Contingency 136,583 136,583 273,166 Eng, Admin Reimbursements 398,007 315,507 713,514 Total 4,016,250 3,183,750 7,200,000 Funding Sources Prior Years 2025 2026 2027 Total Tax Increment Finance District 3,183,750 3,183,750 6,367,500 2 (New) Tax Increment Finance District 832,500 832,500 2 (Prior) Total Budget Impact/Other 4,016,250 3,183,750 7,200,000 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on -going or maintenance costs. Location Map ESCAPADE CUTTYSARK SOUTH Project Location PADRE ISLAND.DRIVE CRUISER SR:;:�f�i BARATARIA SOUTH, PADRE,ISLANDADRIVE PAPER STREET - SAND DOLLAR AVENUE & CROWSNEST 24130 - PAPER STREET - SAND DOLLAR AVENUE 24134 - PAPER STREET - CROWSNEST "COMPASS SAND DOLLAR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Project Location Location Map PAPER STREET (SAND DOLLAR AVENUE) PROJECT NO. 2413Q CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Project Location Location Map = WHITECAP tip,., ..�,f,y3 CUTLASS -'l • "z 0 A ' Mkt PAPER STREET (CROWSNEST) 4Access Road 4. [PROJECTINOT24134' CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES L4i Corpus Chr sti Engineering "Paper Streets" Sand Dollar Avenue & Crowsnest Council Presentation January 14, 2025 Project Location Location Map P DRE'ISL'ANDDDRIVE CROWSNEST "Paper Streets" Sand Dollar Avenue & Crowsnest Project Location 1111 BARATARI A ;1 � SOUTH PADREf:TA�i PAPER STREET -SAND DOLLAR AVENUE & CROWSNEST 24130 • PAPER STREET • SAND DOLLAR AVENUE 24134 - PAPER STREET-CROWSNEST CABANA EAST ISWD FRONTAGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering "Paper Streets" Sand Dollar Avenue & Crowsnest Scope of Work Corpus Chr sti Engineering Resolution authorizing a professional services contract with Halff Associates of Corpus Christi, TX, in an amount of $927,701.00 for the design of Sand Dollar Avenue and Crowsnest, located in District 4, with FY 2025 funding available from the Tax Increment Reinvestment Zone #2 (Island TIRZ) Fund. Over fifty years ago, the development of Padre Island included planned and platted streets, "Paper Streets", that were never constructed: Crowsnest and the extension of Sand Dollar Avenue. Implementing these streets will lead to enhanced mobility and development at North Padre Island. The proposed infrastructure items to be includes: • Water • Wastewater • Sanitary Sewer • Gas • Drainage System • Street Lighting "Paper Streets" Sand Dollar Avenue & Crowsnest Project Schedule ‘41 Corpus Chr sti Engineering 2025 - 2026 January - March Design Phase Projected Schedule reflects City Council award in January 2025, with anticipated design completion by March 2026. AGENDA MEMORANDUM Resolution for the City Council Meeting of January 14, 2025 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services m ichaeld3@cctexas.com (361) 826-3596 Amending Pilot Program for Roller Compacted Concrete Roadway Improvements and Approval of a Developer Participation Agreement for King's Landing Unit 9. CAPTION: Resolution authorizing an amendment to the Pilot Program for Roller Compacted Concrete Roadway Improvements and Participation Agreement for Kings Landing Subdivision and authorizing an additional Participation Agreement with MPM Development, LP to reimburse the developer up to $415,460.61 for the City's share of the cost to construct Lady Alexa Drive with Roller Compacted Concrete for the King's Landing Unit 9 subdivision with FY25 funding from the 1041 Street Maintenance fund. (District 3) SUMMARY: MPM Development, LP is developing a new residential subdivision. The City had entered into a Pilot Program for Roller Compacted Concrete Roadway Improvements. This amendment seeks to reduce costs and increase efficiency. The amendment eliminates the maintenance bond and insurance requirements, extends the time to repair, replace, or cure defects from 60 days to 120 days, and changes the inspection schedule to bi- annually for the first 3 years and annually after the first 3 years. Additionally, the Participation Agreement with MPM Development, LP will reimburse the developer up to $415,460.61 for oversizing associated with constructing Lady Alexa Dr, C-3 Collector, using roller compacted concrete. BACKGROUND AND FINDINGS: On June 28, 2022, the City Council approved the negotiation and execution of a Pilot Program for Roller Compacted Concrete Roadway Improvements within the new residential subdivision of Kings Landing. Several Units of Kings Landing have been constructed utilizing Roller Compacted Concrete Roadway Improvements. The developer is seeking amendments to the pilot program to reduce costs and increase efficiencies. The proposed amendment to the Pilot Program eliminates the maintenance bond and insurance requirements, extends the time to repair, replace, or cure defects from 60 days to 120 days, and changes the inspection schedule to bi-annually for the first 3 years and annually after the first 3 years. Additionally, the Developer has requested and will be eligible for reimbursement through a developer participation agreement for the street infrastructure improvements at King's Landing Unit 9 for the construction cost per UDC Section 8.4. ALTERNATIVES: An alternative to amending the pilot program is to leave as currently approved. 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 $415,460.61 in funding for this participation agreement comes 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 9. This request is a one-time cost associated with the development of the project as presented for the FY2025 budget. Funding Detail: Fund: 1041 Streets Department: 33 Streets Organization: 11112 Purchases with Short Term Debt Project: King's Landing Unit 9 Participation Agreement Account: 530000 Professional Services Amount: $415,460.61 Fiscal Year: 2025 RECOMMENDATION: The amendment to the Pilot Program will decrease cost and increase efficiency. The Participation Agreement for oversizing street infrastructure will provide an overall greater capacity. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Agreement (with exhibits) Presentation Location Map Resolution authorizing an amendment to the Pilot Program for Roller Compacted Concrete Roadway Improvements and Participation Agreement for Kings Landing Subdivision and authorizing an additional Participation Agreement with MPM Development, LP to reimburse the developer up to $415,460.61 for the City's share of the cost to construct Lady Alexa Drive with Roller Compacted Concrete for the King's Landing Unit 9 subdivision. (District 3) WHEREAS, the Developer is seeking to amend the Pilot Program for Roller Compacted Concrete Roadway Improvements and Participation Agreement for Kings Landing Subdivision Agreement; WHEREAS, the Developer is oversizing by constructing Lady Alexa Dr as C-3 collector street in lieu of a 28' residential street within Kings Landing Unit 9; 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 an amendment to the Pilot Program for Roller Compacted Concrete Roadway Improvements and Participation Agreement for Kings Landing Subdivision Agreement with MPM Development, LP, to eliminate the maintenance bond and insurance requirements, to extend the time to repair, replace, or cure defects from 60 days to 120 days, and to change inspection schedule to bi-annually for first 3 years and annually after first 3 years. SECTION 2. 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 9, Corpus Christi, Nueces County, Texas. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary PARTICIPATION AGREEMENT For the Subdivision of King's Landing Unit 9 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 9 ("Unit 9"); WHEREAS, as a condition of the Plat for Unit 9, the Developer is required to expand, extend, and construct Lady Alexa Drive (formerly Iron Throne Drive) as depicted on and following the improvement requirements outlined in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, the Developer is oversizing by constructing Lady Alexa Drive (formerly Iron Throne Drive) as a C-3 collector street in lieu of 28' residential local streets; WHEREAS, the Developer desires to utilize Roller Compacted Concrete (referred to in this Agreement as "RCC pavement") for the Roadway Improvements within the King's Landing Subdivision pursuant to the Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement (referred to in this Agreement as "Pilot Program") executed July 25, 2022, as may be amended; WHEREAS, the Developer is willing to warranty Roller Compacted Concrete Roadway Improvement for 10 years; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Developer in conjunction with the final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Developer agree as follows: 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 9 per the terms of the Pilot Program. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 1 of 12 (a) Developer agrees to construct all roadway improvements within Kings Landing Subdivision Unit 9 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 9, 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. 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 9, the Developer must complete the Lady Alexa Drive (formerly Iron Throne Drive) 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) 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 Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 2 of 12 and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 4 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the construction costs of Lady Alexa Drive (formerly Iron Throne Drive). Further, subject to the limitations set forth below, the City shall pay for a portion of the construction costs of Lady Alexa Drive (formerly Iron Throne Drive) to $415,460.61. 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 $415,460.61. Section 6. REIMBURSEMENT. The Developer shall be responsible for the entire up -front expenses of the Roadway Improvements for Lady Alexa Drive (formerly Iron Throne Drive). The City shall reimburse the Developer upon completion of all Roadway Improvements within Kings Landing Unit 9 contingent upon the certificate of acceptance issued by the City Engineer, sworn certification on City form that the Developer has paid all contractors and subcontractors in full, and presentment of the maintenance bond. Such reimbursement will be payable to the Developer at the address in the Notice Section of this Agreement. Section 7. PERFORMANCE AND PAYMENT BOND. Before beginning the work that is the subject of this Agreement, Developer shall provide (or cause its Contractor to provide) the City with a performance bond and a payment bond on City's approved Performance and Payment Bond forms, said forms attached hereto and labeled as Exhibit 5 and Exhibit 6, in accordance with and in satisfaction of Section 212.073 of the Texas Local Government Code in the estimated amount of the construction costs for Lady Alexa Drive (formerly Iron Throne Drive), reflecting City as Obligee thereunder. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The amount of the performance and payment bonds shall be the full cost of to construct Lady Alexa Drive (formerly Iron Throne Drive) to ensure the completion of the project. Section 8. 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 9 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 120 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; Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 3 of 12 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, 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 9. 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 120 days after being requested in writing to do so by the City Engineer. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 4 of 12 (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. (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- Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 5 of 12 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. Section 10. 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 120 days after notice, correct such defects and/or faults to the satisfaction of the City. Section 11. 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 12. 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 120 days of that plan unless the Developer and its approved contractor are delayed by force majeure or other events beyond its control. Section 13. 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 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 Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 6 of 12 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 14. 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 15. 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. (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. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 7 of 12 (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 16. 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 17. 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: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street Corpus Christi, TX 78401 with a copy to: City of Corpus Christi Attn: City Engineer P. O. Box 9277 Corpus Christi, TX 78469-9277 If to the Developer: MPM Development, L.P. Attn: Moses Mostaghasi PO Box 331308 Corpus Christi, TX 78401 (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 18. 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. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 8 of 12 Section 19. 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 7. Section 20. 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 more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Section 21. 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 22. 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 23. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 24. 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 25. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 9 of 12 Section 26. 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 27. AUTHORITY. Each Party represents and warrants that it has the full right, power, and authority to execute this Agreement. Section 28. 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, employees, contractors, subcontractors, and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 29. 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 30. 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 31. 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 32. 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 33. 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 10 of 12 Exhibits Attached and Incorporated by Reference: Exhibit 1 — Plat — King's Landing Unit 9 Exhibit 2 — Public Improvement Plans — King Landing Unit 9 Exhibit 3 — Geotechnical Report (Specific to Kings Landing Unit 9) Exhibit 4 — Cost Estimate Exhibit 5 — Performance Bond Exhibit 6 — Payment Bond Exhibit 7 — 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 11 of 12 DEVELOPER: MPM Development, LP Moses Mostaghasi Date General Partner ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice Deputy City Attorney For City Attorney (Date) Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 12 of 12 EXHIBIT 1 N89° 04' 28" E 591. 87' 5' UE, 00C. N0. XX, O. R. CURVE DATA Q 0=90.00'00' R=15. 00' T=15. 00' L=23. 56' CB=S45.55.32.E Z - CH=21.21' 0 m QB D=48.45'01• R=35. 00' T=15. 86• =29. 78' CB=N64. 41'57'E CH=28. 89' © D=277. 30. ON R=56. 00' i=49. 11' L=2]1. 22' CB=S00'55' 32'E ry CH=70 85' O �� 3J m -- 9132 SF 99 • 0 2 9906 SF QO 0=48.45'01" . n 9188 SF 8208 SF n N 7]1B SF ry ui 9139 SF R=35. 00' O - L T=15. 96' O , y0. , CB=N 6'78,e m m CB=28. 89''01'V O ' �'_ �3 CH=28. 89' - 36 A9%\o\ 0 25' YR • c 10156 SF a'/ / M j 75. 00' 5• EE 67. 00• 63. ON Q 0S89. 04. 28•V 279. It' n' CO;NLE _ N89'Oa•28'E 400. 02• N89.04'28'E 279. 11' ru CJ 5UE 146. 43' 90. 44' O Sl 52 9922 SF 9138 SF x 4 yal� ° 50 < 49, '� > 10195 SF e.,\°\ N88'59.37' 98. l4' 10158 SF \N\\ 990]e SF I'0y 9132 SF 4 , 75. 00' 67. 00' 5'UE 63. 00' 75. 00•-I ml H 53 54 55 56 9188 SF N bl 8208 SF N ,9 7718 SF N & 9139 SF On ki m m Ni 25YR 37. 50'0 37. 50' 75. 00' 5' EE 67. 00' _ 63. ON_ 60. 00' J i_ 75. 00' S89.04'28'V 279. I1' TARGARYEN CT N89.04' 20'r"400. 02' N89.04.28'E 279. 11' 67. OCT 63. 00' 5' EE 60. 00' 25' YR 46 45 44 - 43 9188 SF MI 8208 SF 0, 9 o 5 7718 SF 9139 SF m UE S89.04.28'V QE 0=90.00'00' R=15. 00' T=15. 00' L=23. 56' CB=S44'04' 28•V CH=21. 21' a D=90.00' 00' R=15. 00• L=15. 00' =23. 56' CB=N45.55. 32'1! CH=21. 21' © 0=90'00'00' R=15. 00' i=15. 00' L=23. 56' CB=N44' 04' 28'E CH=21. 21' S 22 146. 15' 5E 90. 30' N88.59' 37' y 97. 72' 35 \N\\ 10120 SF PA 04 5 0. �2�ta 34 33 ?> 9878 SF 9138 SF Ze 5' UE 23 90. 44' S89°04 75. 00 67. 00' 5' UE 63. 00' 75. 00' 67. 00' 5'EE 63. 00' 25' YR 60.00 32 31 m 30 N29 9188 SF 9 8208 SF N 7] 8 SF 41 9139 SF 75. 00' 8"W 591 25 KING'S LANDING UNIT 5 V. X, P. XX THRU XX, M. R. 04 0 67. 00' 26 63. 00' 5'UE 75. 00' -5' Ur- 27 28 37. 50' Im N00° 55' 32" W 11. 50' 11 0.UE% DOC. %, 0. R. �500° 55' 32" E 5. 50' N89° 04' 28' E 1110. 33' 37. 50' - Nl c ,41l 50' 37. 50' .00' 50. 00' 5' UE 50. 00' Ze 2 5902 SFr � 5850 SF o 00' 50. 00' 3 5850 SF 50. 00• 50.00 12 4 -a 5 5850 Sr; In 5850 SF 25' YR 50. 00. 5 E 50.00 50. 00' 50. 00' 6 5850 SF 50. 00 50. 00' 5850 SF7 B LARGARYEN Si S89.04'28•V 1020.3 N89.04'29 E 1117.83 n O y Z 35. 00' ^ 39 0 '" 5702 Srm S0. 00• 38 5750 SF _ 50. 00' S•EE k 37 ` 5750 SF _ 50. 00' 25'YR k 36 5 ` 5750 SF- rv89.04'28'E 50. 00.50702 , 35 I,:; 5750 SF 1020. 33'- 50. 00' 50. 00 - - r r G N 32 k 34 ` 5750 SF k 33 8 ` 5750 SF . 60. 00• QI7752 SF: L 45. 00' 55.. 05: 2 n 7150 SF 25'R r 55. 00_ -60. 00 3 k 7800 SF _ 60. 00' 5' 60. 00' 4 k 7800 SF EE 60. 00' _ 55. 00' 5 k 7150 SF o -55. ON 60. 00' a 6 m 7800 SF a _ 60. 00' ] 7.505 37. 50' 37.50 CONLETH ST N89.04'28'E 1117.83' •04. 28'E 1020 33' 25,5• YR 34 : 7992 SF ? q to ii L60. 00'_ R 33 N 7370 SF M- m _55_00_ 60. 00' SEE 32 4 8040 SF _ 60. 00_ 60. 00' 31 4 8040 SF _ 60. 00' 5•uE 55. 00 30 4 7370 SF 10 55.. 00'_ 3 60. 00'- 29 - k 8040 SF ? _60_00'_ I N I I S00' 55. 32. E 1 4pr s'DE S89°0 28" II1110. 33 2 3 K ING'S LANDING UNIT 5 5,, 5 6 7 V. X, P. XX THRU XX, M. R. PLAT OF KING'S LANDING UNIT 9 0 25' 50' 100' CORPUS CHRISTI, NUECES COUNTY, TEXAS E0, SCALE' I'= 50' BASS & WELSH ENGINEERING eaP�61.O. zPLAT=sire 21 RE roBPus32xasn, rEms 7ewa EI- SKETs2 OF 1"E CERTIFICATE 29, SURVEY 137, ABSTRACT 579, CERTIFICATE SURVEYS NANED CUADRILI, IRRIGATION COMPANY. NUECES CO. ,rx, MPH DEVELORENT, LP 7 - 50. 00' 5850 SF 50. 00' N89° 04' 28" E 50. 00' 5850 SF 50. 00' 50. 00' 5' 10 5850 SF 50. OCT 5' 1110. 33' UE 50. 00' - 5950 SF; EE 50. 00' 50. 00' 2 015850 SF 50. 00' TARGARYEN ST 50. 00' 3 5850 SF 25. YR 50. CIO. 50. 00' -L l4 5850 SF 50. 00' z5' UE, 00C. NO. XX, 0. R. 50. 00' - 5850 SF; S89'04.28'W 1020. 33' N89.04'28'E 1117. 83' 50. 00' PORTION OF SURVEY 135 ABSTPACT 501, CERTIFICATE 29, SURVEY 127, CERTIFICATE 33. SAID SURVEYS NAMED CUADRILLA IRRIGATION 031,PAN . NUECES CO. ,rx, DEVELOPMENT, LP 50. 00' 5' 6 5950 SF 50. 00' UE 50. 00' 17 5850 SF 50. 00' 50. 00' 12 18 5850 SF 50. 00' 5' 50. 00' 19 5850 SF EE 50. 00' 50. 00' 20 5850 SF; 50. 00' =•YR 35. 337 cnA 30' I 30' of ml 0 30' 30' - 33 50. 00' 32 9 5750 SF 50.00'E 31 5750 SF 50. 00' 30 5750 SF 50. 00' 29 c ` 5750 SF' O_ 50. 00' 25' 74 N 28 n 5750 SF N89.04. 50. 00' 27 ` 5750 SF - 29.E 102 . 50.00' 26 ` 5750 SF --------- 50. 00' 25 8' x 5750 SF' 50. 00' 5' N 24 n 5750 SF EE 5000. 23 ` 5750 SF --- 50.00 k 22 ` 5750 SF 50E 50. 00' 25' YR 2l ` 5750 SF 50. 00. 20 ` 5750 SF' ',J 35. 33'' `_ o N 2. 19 445740 SF`" 1.9 J 6 cN 60. 00 7 7800 SF 60. 00' 55. Oa' 8 4 7150 SF 55. 00' _ 60. 00' 9 4 7800 SF 60. 00'_ 60. 00' 5' 10 - 4 7800 SF 2,4 -60. 0-C' UE 55. 00' It 7150 SF _ 55. 00_ 5_E 60. Oa' 12 4 7800 SF 60. 00' 60. 00' Il 13 4 7800 SF 60. �0_' 55. 00 - oN 14 7150 SF 25' YR_ 55_00_ 60.00' 15 4 7800 SF _ 60.0_ 0 60. 00' 16 4 7800 SF _ 60. 00' _ 55. 00' 17 4 7150 SF p 55' -m . �0 60. 33.1 m 0 18 a 4 7795 SF lQ 45. 31 60. 00. 28 N 8040 SF 60. 00' 55. 00' 27 7370 SF 55. 00' CONLETH ST 60. 00' 26 8040 SF 60. 00' 60. 00' 25' YR 25 60.00 NE19.04'29'E 1117. 83' N89.04' 28. E 1020. 33' 55. 00' 24 u 7370 SF 55. 00' 60. 00' 23 8040 SF 60. 00' 5' 60. 00' 5' 22 8040 SF ? uE 60. 00' EE 55. 00' 21 u 7370 SF m 55. 00' 60. 00' 20 8040 SF 60. 00' 60. 00' 19 9040 SF 60. OCT 55. 00' 25' YR 18 7370 SF ? 55.00 2.1 30' 30' 30' n 45. 33'i N 8036 SF cI _60_33'J 6 7 F 8 15' uE 9 10 0 S89° 04' 28" W 11 1U. 33' 12 13 KING'S LANDING UNIT 5 v. X. P. XX THRU XX, N. R 5. UE ,00 611 3.2e S5.00 30' 30'0 30' ml 30' 30' �S00° 55' 32" E 20. 37' . N89° 04' 28' E f120. 00' 34 LA l l$ 2 SF al 33 I Ia 6000 S89.04'28.9 `"l Ig 20. 00' IN le 6000 SF I Ia 6000 SF 0 S89.04' 28'W NI 32 41 120. 00' 5 6000 SF la al of 30 19 to 6 6000 SF S89.04' 28. u 0 120. 00' 60070 SF of oI NI N 29 0 0 "28 i N '1 27 0 0 0 .26 to 8 6000 SF 10 S89.04'28'W Im 120. 00' I! 6000 SF 19 NI ell oI of Ilo 10 6000 SF I S89.04'28.0 IN 120.00. 6000 SF of of of 25 24 15 16 N00° 55' 32" W 24. 37'i 0 25' S0' 100' SCALE: t'= 50' NI Io I 60002SF O of lam! 120. 00' bni W NI 13 el 6000 SF S 9° 04' 28" W I I 120. 00' 23 22 21 19 CURVE DATA OA 0=90.00'00' R=15. 00' T=15. 00' =23. 56, CB=S45.55'32'E CH=21. 2l' QE 0=90. 00'00' R=15. 00' T. 56' B=5 56' C.14' 28' 00221.W H=2l. 21' PLAT OF KING'S LANDING UNIT 9 CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING JOBPNGJ 2314 xn SCALE 1.2 �50 S R CORPU53Ia1R5T, 1EXA5 I840a i PL. SCALE SAME SHEET 3 0' 3 Kings Landing _, 13 11 10 Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit 11 21 31 41 51 6 71 8 9 10 I I I I WRIIIN WSW're NI b 41 V d I MIME =so ., ° uMan aor 131111110E1 1 11 EI IIlIII111i1E1"� lE El E11�E EI .,f1E1 1111 TIE . II�II1 1111 1 ` IIII 161 IN INZ 1 E I° 4 =I 'MUM • E IJ ➢AEI 1111191101111 I JJ IIOANI ARMOR € • IIIKILINOIE 1311 MEE PllINt 11 11 1 11 I11111�E1t �1 ,I 1111i 1l1 �11 IOIAEI 11111100111armt � tl 3� I�MII�Ie IIIM1�11F' ° If61 • EI I1 If E �� I MIE1 JENNI EMIR l�• I 101111 1 J EI ]<a#II EI r • E1 I EILI T fad 11 l El 11 11 E1.,E1�IE1t1E1II�'3i1F1 I�1 I�11 '1 �11�E1i.II IC EI �10 ME t E1 NI EL INN PIE IIMMUNEi • El 1R111I EI 111121131111 1 � I i�ll� ill AI II II I i MIMI � A11 Ii�IFE1 l►PEI 11i111UUE Itlk l EI E1 ARI#E E1 III 20' YR imam mai its *SIM N�II�I �I�I f1 I111 3®If11 ZEE ICI M ICI 1111 ZEE liNIEF III MENZEL Zit IZEIMILI �d ��IfEJ IIII I�r ll II I torn 231 maga in 5'EE 15' UE IBM a "- Il Fa I>I MINIM RE INNIKEL ggE maim mil IINI fib NIRIFJ g�z1 III maks 34 If �ry I Wilt 2 1111 Rat Ian aimrooE Elm 11113 Ir aufw Qum 'III 1 INS E#�E�61 ma ®�I1 MIME oar 1,_KIELMJ moo. 11 1721; 1�.. 1' E ICI NERICI main Emma Imo. mum MIN hill I °g MEM MR EI = 4 MY 111 L RCM UN mum MIN IN MUM MI= _'. Kamp �t ItiIH.I Awl= Atom E - ! • °&mi 9 i1. SR=fl °M EET mix min awn mcilin 15 UE EXHIBIT 2 PU o =DO DIJVIJ PRO V El1Vl EN—S MHOS =/QMMO UM CORPUS CHMS- , NUEC O COW PASS, SIR,. AND DRAM, NOTFC qtfifftFiTA 11, PAY FOP SIB SIDEWALK AS sSIDSVIALS. Bo SEPARATE PAS roo wow., SAWA, SEWER NOSES LEGEND — EXISTING FACT DIES AND APPURTENANCES BB „L „TER 4EssKE L,S„ SKsLL WSISETER SSP SR.!, SAD DOUBLE „„„ SUNK, Jy9 LEGEND — PROPOSED FACILDIES AND APPURTENANCES SELrETEEZMTEESEZEVULEIESOLITST EFTS. o CALL BEFORE YOU DIG! LOCATION MAP SHEET INDEX SHEET 1 COVER SHEET AND MISCELLANEOUS INFORMATION SHEET 2 RAVI NG. GRAD] NG AND DRAINAGE PLAN PROF ILE. SVOMP SHEET 3 RAVI NG. GRAD] NG AND DRAINAGE PLAN AND PROF ILE SHEET 4 SANITARY SEWER AND WATER PLAN AND PROFILE SHEET 5 SANITARY SEWER AND WATER PLAN AND PROFILE SHEET 6 STREET SIGN AND LIGHT POLE PLAN, ESTIMATE SUMMARY AND BARRICADE DETAILS SHEET 7 STREET SIGN AND LIGHT POLE PLAN SHEET 5 PCCP AND RC,' PAVEMENT DETAILS AND SIDEWALK DETAILS SHEET PCCP AND RC, JOINTING PLAN SHEET 10 PCCP AND RC, JOINTING PLAN SHEET 11 STORM WATER POLLUTION PREVENTION PLAN, SHEET 1 OF 3 SHEET 12 STORM WATER POLLUT I ON PREVENT ION PLAN, SHEET 2 OF 3 SHEET 13 STORM WATER POLLUT I ON PREVENT ION PLAN, SHEET 3 OF 3 SHEET 14 TAXNBOTDANADsCITY SIGN AND PAVEMENT MARKING REOUIREMENTS SHEET 15 TXDOT SINGLE BOX CULVERTS, CAST IN PLACE, SCC-10, 1 OF 2 SHEET Ie TXDOT SINGLE Box CULVERTS. CAST IN PLACE, SCo-ID, z OF z SHEET 17 DI TY STORM WATER STANDARD DETAILS SHEET 13 DI TY WASTE WATER STANDARD DETAILS SHEET 10 DI TY WATER STANDARD DETAILS SHEET BG DITY CURD RAMP STANDARDS PUBLIC IMPROVEMENTS 10 KING S LANDING UNIT 9 COVER SHEET AND MISCELLANEOUS INFORMATION FFIT °a�°�s re° 35 30 25 20 2+00 3+00 4+00 5+00 6+00 7ro0 ero0 SECTION A — Aw'wns PLAN — R/C COLLAR AT JUNCTION OF 4' X 8' R/C BOX CULVERT WITH 5' X 10' R/C BOX CULVERT 0 ul nc�c ri �i oi�w6 ezz )0 1f re 30 25 20 2+00 3+00 4+00 5+00 6+00 TYPICAL SECTION OTCZygjLADY EL SEE ELME NORTH OF AND PAPAL TARGARVANTST. 2+00 35 8+00 SS HVIg' 20 RELEASEO FOP CONSTRUCTION 20 4+00 5+00 6+00 25 0 PROFILE - LADY ALE. DP SWDMP rs. re..�. �o ➢E TENT IOGN CA�LCULAT]O�NS . 4P�rw� vmr���nx�sv — — ENGINEER. PLAN AND PROF ILE, SOOMP I --1_— �`L —L— /- 1`--�1N--- --�,2 --1 — ---r --ram-- 1— , I I I I (I 089"04 28 0 3 H 41-t1-,r7 .".,=999 g'c'I r N00°55' 32"W 24. 37' i JI', - Oyu 389° 04' 28 w 21 0 120. 00' I a0 35 10+00 II 00 12+00 13+00 15+00 1 35 20 1,00 12+00 1,00 14+00 25 20 1:1 VENT, PROFILE - CONLEEN DP E. 3s° 25 20 PROP 0, PROP 30 PROP 3, pp e 8.7 .J r a�vEe nn PROFIT 18O8 ANOREA Oa_ NEIERSEDFOSCONSISOCDON MOP 20 30 25 20 PUBLIC ]NPROVENENI' FO 35 30 25 a0 22 1+00 2ro2 3s00 4ro2 0 00 9+00 3 VA PRO P LINE IV 0 26, 2e0 STA nTsn Tn SNE C TA TTnm, /3, 35.00 2+00 20 PRNFII C-q S IN INF C ,nnNl F7N Ci/Si S _",7777P k 'R�vv 87 v we unre� r�ixs ��� PROFILE - SS LINE A (LADY ALENA DR RESTRAINT FOR WATER PIPES AND FITTINGS 'moo c o 30 25 ran n oo o r eo �z� 20 RELEASEDFORCONSLROCDON SANITARY SEWER AND WATER PLAN AND PROFILE 0+00 35 30 25 1+00 2+00 3+00 20 2.2 PROFILE SS LINE E (GREY WOPM DR FUTURE) RESTRAINT FOR WATER PIPES AND FITTINGS 35 30 25 20 15 10 S99° 04' 28" W3 ,TV 0. ',Mat *. r a. IS N00° 55' 32"W 24 37' 32, I to III �a �oaPaP� u,R " 0 vKrr 89° 04' 05' W i 21 O 100. 00' 1 10+00 1,00 12+00 13+00 14+00 15+00 16+00 `mo AtZIAAAZAA 35 30 35 20 10+00 PPP PROP 112211111-1M— rAA Dog A 2+00 3+00 PROFILE — SS LINE C (CONLETN DR) 4+00 6+00 r PROP 3, ,.�°.,,- ". owe «�s rvo�"o °..�.° v Fr 4,. �... � 00 0+00 PROFILE SS LINES D (LADY 10 C SS LINE �ll PRO ILE SS LINE (LADY ANDREA DR (FUTURE)) 30 25 20 5 50 0 5 25 20 25 20 15 PUBLIC IMAMVEMENiS TO ry \ NdrArA'.0 %. \ \ W"/".• g;VZE ilan 0 TYPE A ENR,OF-ROAD BARRICADE 54 55 [4.mmaol _ PFL,,,I LT 1 0 _ J — —1 41 aa , _0 - EE a al 24 25 CEINLETH , 410N0k. 27 0 ih TYPICAI BARRICADE PANa DETAII -`, E E.E,E,Ea aaa PEZIENAlf,EiWiEf4EFE ripmhiffEeghtrol"h F.,,$T,Ziarery-Mr` ET,z°,172,ErEETE, FriT;;i:L LoB.147Ti.OP7E'AL 'LL 10PT0'1170ILZWITLICH,ACTOP 'EFEEEE,EE: 'IrT7 'N't2EF.L'7,EFEELEEFOaFWE::::::.5 hfelligehp 0 PRGPF,[1.1 T r 5 2 3 r 30 ESTIMATE SUMMARY E, AND SUpr,[ P/C KAIXP CL.P5 FM, Oa PllT P0CP =ELEEPAE'"m 10 590 LF SVC COLLOP FOP BOY OLLYIPTS SVC 1.41,0LE MEP ON BON eumr, 141 LF 222 P/C MANHOLE LS E:LEE:ELZEZEE"— LS LS nEu TE`NEABETIF= — LIM LS TENEELEI,-,EEFE, LF LS 541 n[pis LF LF NOTE PAN FOR HOPP S SAME SIP RCP [CURE OP SMOLE SEPOCE 67 REUMSEDFORCONMAUCTION F TeSq:ILEC.PVET"IEOPTIJIRREM PLR, 1,C. I MPROVEMENTS TO COPPL NPF TT, PET ,sTIZE,='ILLNEU P,ME N89°04' 28"E 1110. 33' DOC 28 n.rU :uwE 20 4/o 10 ryes o< ze c 120 00 r 25 0= r oO S89D4' 28 N00'55' 32"W 24. 37' zz S89° 04' 28"W 121 0 120. 00' I I Z.'4.Z FEL'a�waeovEwE gRU ;to, STREET SIGN AND LIGHT POLE PLAN f�9a�,ar EXPANSION JOINT DETAIL - ITCND,P TYPICAL RCCP STREET SECTION - SI ROW TYPICAL RCOR STREET SECTION - 00' ROW TTE paws or ovriruir irarrurr TYPICAL RCCP STREET SECTION - IN.D: ROW ENT FLUM CONTRACTION [SAWN) JOINT DETAIL - RCCP RCOP )ROLLER COMPACTED CONCRETE PAVING NOTES aOEMENI µP (PORT�w DE[L PAVING CAST —IN —PLACE STEEL REINFORCED) GEOTECHNICAL ENGINEERING REPORT Rmr. vaaap Unit 3 pavement stag, urTasp mnsR.NunesCo, Psi Praha No. 03120w0 PREI.E0 FOR: AMA Horn. Corpus Chris%Texas, 78a53 January 24,102.1. U1tertek �tl POALMLM ����� LONGITUDINAL OR TRANSVERSE SAWN CONSTRUCTION JOINT TYPICAL PAVING SECTION SHOWING HEADER CURB DE,T,ILS v Po�u, a anmau EL, FiRegta.. uru,la PCCP CONTRACTION )SAWN) JOINT DETAIL TYPICAL ISOLATION DETAIL FOR MrOLES IMWZIARN T00xa - EXPANSION JOINT FaR PCCP RELEASED FOR CONSTRUCTION Tx RLBASS AND „ELSN ENGINEER 'S'E'r KING'SR LANDING UNIT 9 N TLTI I ti°=I,.I, ..I. “! TT -- sa rg 24 NEL M4EDFOHCONSfSOCDON KING' S LAND]. UNIT 9 PLC,' AND RGGP JOINTING PLAN xLo N89°04' 29" E 1110. 33' O 10 28 16 TAT 18 lommum' mow 26 20 r 589154'28"W 1110.3 N00° 55' 32"W 24. 37' O /4 I S189° 04' 28' W 1120 00' 4 RELEASED FOR CONSTRUCTOR • CDRPL ]rNP PR SND NUECES TNT r% PG.,' AND RCCP 4151NT1. PLAN 0 N 252-5-55 III � -- -- I �s 22222225 CT CON5225 CT --0 -- MIN SS O POLLUTION PREVENTION NOTES SEDIMENTATION SCREENING FENCE RELEASEDFORCONSLROCDON STORM WATER PREVENTION FLAN SHEET 1 OF 3 N99°04' 28"E 1110. 33' g,r I �o 20 —� 2� —r SIE Or S89'34'28"W ]110. 3". T° u,o s r r3 N00° 55' 32"W E4. 37' Nag'" �e B SI189°04'3ooo'28 w 1 xi0 �� PUBLIC ]MPRDVEMENiS i0 r,55555v5 - SEQUENCE OF CONSTRUCTION ,STORM WATER MANAGEMENT) ACTIVITIES. THE ORDER OF A,IVITIES WILL BE AS FOLLOWS GRADING 2. GRADE PROPOSED PAVEMENT TO SUBGRADE ELEVATION COMPACT SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS CONSTRUCTION AND LOT GRADING AND CLEARING AND GRUBBING TOTAL PROJECT ARE, ,,•9 wE MElpEreia ET UcUT NrEi H(usoolL a I CARRY THF RUNOFF TO INF C.011FrTION POINTS (IN! FTS) SOIL 5]A6/51Z9]/ON PRACTICES' TPEER71= =C, SODDING. OR SEEDING %FEFS=.17 DE NATURAL RESOURCES ED (T[MPDRPRILv oR RESUME ES1 WITHIN n onus. uw 1a DAvs UNLEss At�vITIEs PTE 5[HEDUI£D TD STRUCTURAL PRACT/LYS SILT FENCES _ HAY BALE DAM _ ROCK BERMS NAME OF RECE NANG WAIERS• OREEI< DNERSION. INTERCEPTOR. OR PERIMETER DIKES ZEEDTLPUEMESS"NS OFFSBE VEHICLE TRACKING: _ SEDIMENT BASINS CURBS AND GLITTERS MMIAs RECORDED oN A xGN-EREEL NG RAIN GA IE FROM JOBS,. NO CONSTRUCTION WASTE MATERIAL SHALL BE BUPIED ONSITE. s5N5.55.5, ALL SANITARY WASTE WILL BE COLLECTED FROI..I THE PORTABLE UNITS AS NECESSARY CONTRACTOR SHALL PROVIDE ALL PERMITS AND INSPECTIONS AS MAY BE REOUIRED BY TCE 0 AND EPA CONTRACTOR SHALL PROVIDE NOI AND NOT 84LED HAY OR STRAW ELEVATION PLACEMENT FOR BALED HAY FILTER DAMS 99D' (T2mss (Mo-- (24m1 SPACING FILTER FABRIC s'(Osm) MN. WIDTH (Tsom) To e'(2Gom) MIN1'dRIC ) BACKFILL (Ts, fa amjlMm NOTE: MTR,...11.1.1EaING SECTION A —A RISER C NT SEDIMENT CONTROL FENCE S)TE" nnv� r"v utxnc. LOCATION MAP 24 Tx DEBASS AND WELSH Eq GINEERINGSFEET PUBLIC IMPROVEMENTS 50 KING'S LANDING UNIT 9 STORM 9/ATER 5,411_r_froFPBEVENTION PLAN et, it `sl TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS IESIGISMUDSDN TRIANGULAR SL IPBASE SYSTEM SNDIA IP-I I-08 REOYIREIENTS FOR RED BACKGROUND RES RT°. SIGNS REOU I REIEREGLLATFORV ISIGBA C K GROUND .oN1T .!!_fTE,V WRONG WAY 5. SPEED 55LIMIT .2' 111.1.1. [MILES .011 RFOUIREIENTS FOR WARNING SIGNS REQUIREMENTS FOR Stlp0. SIGNS O EUPLES SCSI. MVIRIMOS LIGIIDOL 20 nvioa MOLES MFR. NOTES /r,r�wvsr TYPICAL SIGN REQUIREMENTS TSR141-IS CROSSWALK PAVEMENT MARKINGS 1111...11 STREET NAME RUDE SIGN ](Name I ayr , DEAD END y EC DEAD END GIG SIGN JO_POLE INSTALLA,ON TYPICAL GROUND MOUNTED SIGN PLACEMENT BASS PND WELSH ENGINEERING PUBLIC IMPROVEMENTS TO KING'S LANDING UNIT 9 °° n ,e e ,e,,. ,°°,,,°„ ,°,n, °° m°,e Man above „a°,....„c°,e,A�,:,.° — iliilll;Milli t o e ,:,e,e„e° Re r, M1111111111i1. 1nun _ Wurnu.il nnn■ . R" °, nn�nmmnn alllll l Il lllilh n� NUM■ mum, III m MUM NHS li 47,1 TYPICAL SECTION PLAN OF REINF STEEL CONSTRUCTION, NOTE!: © t „ ,n,: ° „°° ":1a res ,, °„a":e'3 ea.: c m ao v e ae . ,en„ee *' n,—all °eu ,°,m°„a,.°,. iow.av°° . ee . a °, ar.a°a°a ur sa w° ,°,race Ruc'' GENERAL NOTES: IF ans,,,, L., e.,e°e oes,°n s e,",,,ar.. tar ,ne ..,V °, mores SECTION THRU CURB ee„o, e: erze,,, r° st:ree e„a:, e° ie :emo„:, a� e° e,,,°g, o4' 9 HLB3 LOADING SHEET I OF 3 9 r LNl-i O BARS C BARS D BARS J K ,#Cl ° Oryartmsnfp Mmp,,,.., SINGLE BOX CULVERTS CAST -IN -PLACE O' TO 30' FILL 3.33 PUBLIC IMPROVEMENTS TO TXDOT SINGLE 0 C LVEPTS CAST —IN PLACE SHEET 1 OF 2x(T DOT SHEET 3 NOT INCLUDED) 0 SECTION ® BILLS OF REINFORCING STEEL (For Box Length = 40 feet) t QUANTITIES DIMENSIONS 2 , 1,-0" 6 - O. 8" 7' 7' 162 46 6" 10' - 11" 2,656 162 #6 , 12 -4" 3,001 .5-, 5-10' 162 #6 6" 0-11" 2.170 5-10" 3- I" 148 9 6 - a 033 7 39' - 9 186 45 39- 9 1.195 It' - I, 29 24 67 0.811 2410 0.8 96 33.3 9,737 = 10' - 0" 6 -V' , 9 20 162 #6 6" 1 r- 3' 2,737 162 #6 6' 12-1, 3,123 6 -10" e-o" 162 #6 6" 9-5 2.291 6' -6' 3-5" 148 9' 6 -a' 033 7 39- 9 .6 45 39- 9 1.195 II' -3" 30 26 72 1_185 2491 0.8 102 48.2 10,067 , -, 8 -9' 1, 6- Ie 162 #6 6" II' - I.' 2697 162 #6 6. 14 -7... 3,546 8 -, 5-11" 162 #6 6" 9- 2" 2.230 5-11" 3- 9 62 IT a - 9' 436 7 39-9" 186 49 39 - 9 1,301 11' - I" 30 26 72 1.095 2600 0.8 102 04.6 10,502 10 -0 8 - a 14 11 26 162 #6 6" II' - 7'' 2,819 162 #6 6'' 15- r 3,670 9- a' e - I" 162 #6 6" 9-8" 2.352 6' - I. 3' - 7" 148 9 6 -a' 577 7 39' -9 186 49 39- 9 1.301 11' - 7" 31 . 72 1.566 2726 0.9 103 63.5 11,008 ® 'a'sr'll Verleg rt'llf Ztfo';:= [2' rnrir j: i f I lUgr.'''' '' ''''''' '''' HL93 LOADING SHEET 2 OF 3 .4.-. ,....0.1........."...sport.e. 9., SINGLE BOX CULVERTS CAST -IN -PLACE 0' TO 30' FILL SCC-10 PUBLIC IMPROVEMENTS TO KING'S LANDING UNIT 9 CORPUS CHRISTI, NUECES CO., , ,DOT SINGLE BOX C LVERTS CAST -IN PLACE SCC-10. SHEET 2 OF 3 (TXDOT SHEET 3 NOT INCLUDED) �-� _ az I IjI I_ pp mEA ._....., j ,Lilr LI II 1R Fli s... RIA .. _ .mom - MIMI s a __: _ 1 �I�I o W w IFS PLAN PLAN .F.[amnxe w=-= ���� mx.,. $ /FlY� o w '°.' ..&'� ate. "^' ^ OWE a ocx ` : € - m ^,. w �� .e. / C `� r d ® G,�.� �(i"� ... �.�.. _,,,i K .,„, ._ ^'x m. `� rocKttor ttnut �•�� `+ o ua vccv ncKSLor 19 , GI f �e lr rm. ` I ��� mi Fur DETAIL a .7 x . !FOAM � � 11 cIll ...sir, ".A_ "' P3 a �y�" s az L ewrz SEE. F. SE.. .rewa- >:a w,• "' �J °,^.:.Y'm „o arrerauwaser artmFew ..... - W'M3 m.:,�;m.-. •^.,•x• °� ssaFwsarsmrasssimanwas a.^. nav mwrw.Fw.aGsiar fN wars werAws .... x... '..,, '_ , 1p�l ^®� x,.,,,. ,.aa v ,.... ,... Tarr smrir C77py CC ...,.,..,.^.�». .x^ man .,..�.. ...,.. m...,..m�..,x.....s. _„.. .,,.e,. ! . ^_................,,. ...x.^Amx,.,m. x.._.,^...,.�..,..,......' , a • PlerMATEMEM r i ... --Tr wa T==== , . , ,„, ....r , ,7 SECTION - R,. COACROALCOZIARIPITIA ,.,,,, _ • •�^ ��' rM rt�.� z BAGS AND WELSH ENGINEERING re[oi ^ cereaus exreisi ,[ws raaoa .4, KING S LANDING UNIT 9 CORPUS cHRlsn, NUEccs co., /x rMSFsa' Fn�w� mrs�r wares -- -H... x..Z.ZA�? CITY STORM WATER aao DETAILS a w.un.m. m....nw... 1F Ds. .m®.v..0 _ �..< ...... r ®.1•�_�a7..w......n ....a A.^alwi.$� C'grifV .. Lam-. ®� .■�^ ! 1 s,. '�.. �...�e.s.m.a. wawa m :IrDIASSIMANHOLE CONCRETE1•1a1D0LE ® yW %.. , ®g`.5 �m mxar EXISTING xnxwiE PI DETAIL -AT,L — nFTP��T�cEr�r"_ _ 'UV ry AS ArePLLarOLEYDOM. .'.. &� _ aE nnvEn nnE�s 11 "'e" .' .10 k e� MAIN xPDENaxDED DETAIL �_wvr. ED xI ,COVER RHOS COVER APDPDVEDUST .T.TE S;,� i' 1 a a _ w . ®1 1 1I►�� t .DDD,.L w DDD BOLLA.L a coNE DN DEEP ._..._. ..�_ MR.RELEASEVALVE./MANHOLE m_... _A.. �1ES �._.. _...o N,P�aP DPun� D D a leors _A GENERALNOTES FOP eucKFlL E i NOTES qCASING sf "" -• ! Gov u a«IAA 9 Rom^ sr`� •_ \-.... ®.....<.•ny� l'i CONNECT. DETAILS MARKER TYPICAL CASTIPON CLEAN -OUT BOOT ,!..E:VICE - BASS AND WELSH ENGINEERING c .: RELEASED FOR CONSLPOCRON PUBLIC IMPROVEMENTST ® CORPUS cullsMACES Y WASTE WATER STANDALS RonoEiN .mar.wuuxu•e- u. wm.. v.n .a nM. a �. _�. — a� ; Fa h 0•OD a, ` 1 '`,�_ �o i r _l .__ .� ..�.� .—�.,.a. �._ o — ItiIl io� Pi i Xs �mwu� _.— — — € map ®..tJ _,_ '®�. e im� �s 'm`®�®.®x-..ems..._.®..... ill p�. �_• J €iJec _ �r I3i8o3 fr.��v ..�� = ..tea,• g 'e_ "tea -- _.,.r AL _ �—� ».�....r`"—.t dIL_ x� @@ B a JL 6O, v fie@ -_� e ® \lLII van( .... W,.o.a...a.,,.,_.. ��ti �_ .ea.,..... �:e . ..m ��e l�/l9/zn asp .... ,...-�....,.,,. ,._._�,..«—. ppan 1 a,,.m. SS^ ...mo _,. _.. �� _,._. pp 1,,„„.„ RELEASED FOR CONSFROCDON PUBLIC PA ROVEMENTS TO KING S LANDING UNIT 9 CITY WATER T DETAILS [• F.I.111, PAP z\« PH ^ CW KIN 'S LANDING UNIT 9 CITY CURB _ STANDARDS rEuro am aR a »»»»» , y - - r- - I , y - y y r T DLE se. z..a. aseas.On re. POEPENI N6iVIPEPENI N6 IN PRORECi xERmF. w raq xw ,..¢noN [. .� 120 w - . _ _--' weE..Riry _ nn 9.mA SULF60 - so vo� L _ � _ - ,-- - — - — - — - —� RELEASED FOR 00NSTRUCRON o L _ _ LP➢v ELENA DR. <FUTURE] arrmN s ueer.r<o Fr,- ° � i — mx- — m&om�"1aT o.r+°x . s. =Q I EEY1ST1NG) __ -- L li o°,. ou ass & WELSH ENGINEERING — ryfI E �o. rya. �e.a. r-sx 'Pusuc Fps �n� x„uz IMPROVEMENTS TO K1NGns ERISTI UNIT 707WIT om N M CORPUS TX SAND CO cTOTLITCIA 29 TO STA 62 t2 OFFS1TE DRAINAGE PLAN PROFILE ox RA z43 00 46 DO 45 00 46 00 aT OD 4 OD 49 MATCH42,94 1NE S A 62+25 EONTUNUE@ ON FOLLOVONG SHEET o OD 50 OD 51 OD 52 DD 53 DD 54,00 55ro0 56ro0 900 58 DO 59 DO 60 DO 61 DO 62 D a 35 aw Iwo t xzz °= --__—_ m25 n oss,xc unw r `_ o`a ioiwi4 °o cx nz, �25 z xa:wz°x zz PROPOSED FL DITCH @ 0. OT. 2 PROPOSED FL ➢]TCN @ 0. OT'/.J ,r, ei of l o C 0 N T M6i 0 LINE PREY] BUS SSHEE3 ce a... cs a TRACT AS � I II FL PS ,>s oer��onxLoz FL PS o K 2e cx .r c°ewmxwvm �mc. (c '4. o. �r. ,removal a,.xext`�e9� .re m Are T,d6 c a Iu rere°0�Rxe°°,.x�lre l 4 I N °x.,. I 11 I I ^6 1___1 _ L_—_I___1___D: s`°re__11 1 I L s,>=re.ere(1 p(.�. ., r \ � ,w ®, / re,mx,.,,rex.,x.Lc mow., JD"—� re, u.,w,""�1°, ,xPc _ FuluAE w reV' PLLaENEP nncx zP Ps — — . — —L �re ----- AS oxr6lOrveu I p Do PENED 011C, `za 93 11 w 11 I I I I � � v�a� � 1 1 7 iL I 1 I NO PROPOSES NTS THIS L_ IMPROVEMENTS IN PROJECT HEREOFV ____ �� PRBP. e�x e� Ric BOX 1 CULVERTIz. I SOP=x AANx ».. EEC I I \ II �� L AREA s< I I L 1 63 00 66,00 65 00 66 00 67,00 68,00 69+00 TO 00 71+00 72+00 73 00 74+00 75 00 76 00 TT 00 79+00 79+00 00.00 G1+00 e . 35 35 30 zw oz rc� rc nr.zx zz. re= //no°ruro" L�rwsreuccn ur�o �xz.reu u°rervror` T�ueec zeoz r: °.uk mxs n�ox\iv nre.m a reu _—__—__—__—__—__—__—__—__—_ n°r�exe mxnwoz a os2exx�. _ —___ 2 °„c. as ogre,°r..,. N4 xvnr — j 25 �.� z rer 4L PR &IEo B GN @ E. Ti ENEB ' a'EST u6 PiTc, 1 FL K aT wx:-c,ri °,5,, \ _ \ 20 u 5 reicemc von. rs rss SrS PI a°±e. Dfp6\ 15 PROFILE — OFFS]TE TEMPORARY DRAINAGE CHANNEL ]5 \ L \ 10 \ „ ... .e,.._. BASS & WELSH ENGINEERING T—sz nx i. e x Pla E C NEIEASEDFOHCONSTRUCIION IMPROVEMENTS TO ]NG S PURL]C A LANDING UNIT 9 ® o So so rzo TX OFFSITES ORA]NAGE PLANCHRISTI.SES ANBSPROFILE SCALE , 60 �� a EXHIBIT 3 GEOTECHNICAL ENGINEERING REPORT Proposed King's Landing Units 9 Various Streets Corpus Christi, Texas PSI Project No. 03123143-23 PREPARED FOR: MPM Homes, Inc. P.O. Box 331308 Corpus Christi, TX 78463 BY: PROFESSIONAL SERVICE INDUSTRIES, INC. 810 S. Padre Island Dr. Corpus Christi, Texas 78416 Phone: (361) 854-4801 intertek 51 tntertek FM. W MPM Homes, Inc. P.O. Box 331308 Corpus Christi, TX 78463 Attn: Mr. Moses Mostaghasi RE: GEOTECHNICAL ENGINEERING REPORT PROPOSED KING'S LANDING UNIT9 VARIOUS STREETS CORPUS CHRISTI, TEXAS PSI Project No. 03122734-23 Mr. Mostaghasi: Professional Service Industries, Inc. 810 S. Padre Island Drive Corpus Christi, Texas 78416 Office (361) 854-4801 Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit this Geotechnical Engineering Report for the referenced project. This report includes the results from the field and laboratory investigation along with recommendations for use in preparation of the appropriate design and construction documents for this project. PSI appreciates the opportunity to provide this Geotechnical Engineering Report and looks forward to continuing participation during the design and construction phases of this project. PSI also has great interest in providing materials testing and inspection services during the construction of this project and will be glad to meet with you to further discuss how we can be of assistance as the project advances. If there are questions pertaining to this report, or if PSI may be of further service, please contact us at your convenience. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Texas Board of Professional Engineers Certificate of Registration # F003307 Philip L. Johnson, P.E. Principal Consultant Senior Geotechnical Engineer ram: ��� r ?S . *�i0 DEXTER BACON ' 54560 S� or�ai_� Dexter Bacon, P.E. Chief Engineer www.intertek.com/bui (ding Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 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 9 project. Mr. Bobak Mostaghasi representing MPM Development, authorized PSI's services on 10/6/2024 by signing PSI Proposal No. 384522. PSI's proposal contained a proposed scope of work, lump sum fee, and PSI's General Conditions. 1.2 PROJECT DESCRIPTION Based on information provided by the Client, PSI's review of a site plan entitled Public Improvements to King's Landing, and prepared by Bass and Welch Engineering, and the results of this geotechnical investigation, a summary of our understanding of the proposed project is provided in the following General Project Description table. Project Items TABLE 1.1: GENERAL PROJECT DESCRIPTION New streets for a new King's Landing Unit 9 residential development Existing Grade Change within Building Pad Area T Relatively Flat Existing Grade Change within Project Site Area ± 2 feet (estimated from Google Earth) Finished Floor Elevation Not Provided Pavement for Parking and Drives RCC Pavement The geotechnical recommendations presented in this report are based on the available project information, structure locations, and the subsurface materials encountered during the field investigation. If the noted information or assumptions are incorrect, please inform PSI so that the recommendations presented in this report can be amended, as necessary. PSI will not be responsible for the implementation of provided recommendations if not notified of changes in the project. 1.3 PURPOSE AND SCOPE OF SERVICES The purpose of this study is to evaluate the subsurface conditions at the site and develop geotechnical engineering recommendations and guidelines for use in preparing the design and other related construction documents for the proposed project. The scope of services included drilling soil borings, performing laboratory testing, and preparing this geotechnical engineering report. This report briefly outlines the available project information, describes the site and subsurface conditions, and presents the recommendations regarding the following: PAGE 3 tel Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas • General site development and subgrade preparation recommendations; • Estimated potential soil movements associated with collapsing, shrinking and swelling soils and methods to reduce these movements to acceptable levels; • Recommendations for site excavation, fill compaction, and the use of on -site and imported fill material under pavements; • Recommendations for the design and construction considerations for roller compacted concrete (RCC) pavement for the proposed streets; and • Utility design and construction considerations. The scope of services for this geotechnical exploration did not include an environmental, mold nor detailed seismic/fault assessment for determining the presence or absence of wetlands, or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air on or below, or around this site. Statements in this report or on the boring logs regarding odors, colors, and unusual or suspicious items or conditions are strictly for informational purposes. PAGE 4 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 2.0 SITE AND SUBSURFACE CONDITIONS 2.1 SITE DESCRIPTION The following table provides a generalized description of the existing site conditions based on visual observations during the field activities, as well as other available information. TABLE 2.1: SITE DESCRIPTION Site Location CR 49 and FM 43, Corpus Christi, Nueces County, Texas Site History Farm Land, New Residential Construction Existing Site Ground Cover Grass, weeds Existing Grade/Elevation ± 2 feet (estimated from Google Earth) Changes Site Boundaries/Neighboring Development North: Undeveloped Cultivated Fields East: London School South: Weber Road West: Residential Subdivision Ground Surface Soil Support Capability Good enough for construction vehicles when dry; Poor when wet 2.2 FIELD EXPLORATION Field exploration for the project consisted of drilling a total of 15 borings. The boring design element, boring labels, approximate depths and drilling footage are provided in the following table. TABLE 2.2: FIELD EXPLORATION SUMMARY Design Element 1 Number of Boring Depth Drilling Footage Borings (ft) (feet) Pavement 13 10 130 Pavement/Utilities 2 20 40 TOTAL: 15 170 The boring locations were selected by PSI personnel and located in the field using a recreational -grade GPS system. Elevations of the ground surface at the boring locations were not provided and should be surveyed by others prior to construction. The references to elevations of various subsurface strata are based on depths below existing grade at the time of drilling. The approximate boring locations are depicted on the Boring Location Plan provided in the Appendix. PAGE 5 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas TABLE 2.3: FIELD EXPLORATION DESCRIPTION Drilling Equipment Truck -Mounted Drilling Rig Drilling Method Continuous Flight Augers Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer, Standard Penetration Test (ASTM D1586) Sampling Procedure ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 10 Feet and at 5-foot Intervals Thereafter Frequency of Groundwater During and After Drilling Level Measurements Boring Backfill Procedures Soil Cuttings During field activities, the encountered subsurface conditions were observed, logged, and visually classified (in general accordance with ASTM D2487). Field notes were maintained to summarize soil types and descriptions, water levels, changes in subsurface conditions, and drilling conditions. 2.3 LABORATORY TESTING PROGRAM PSI supplemented the field exploration with a laboratory testing program to determine additional engineering characteristics of the subsurface soils encountered. The laboratory testing program included: TABLE 2.4: LABORATORY TESTING PROGRAM Laboratory Test Procedure Specification Visual Classification ASTM D2488 Moisture Content ASTM D2216 Atterberg Limits ASTM D4318 Material Finer than No. 200Sieve ASTM D1140 The laboratory testing program was conducted in general accordance with applicable ASTM Test Methods. The results of the laboratory tests are provided on the Boring Logs in the Appendix. Portions of samples not altered or consumed by laboratory testing will be discarded 60 days from the date shown on this report. 2.4 SITE GEOLOGY As shown on the Geologic Atlas of Texas, Corpus Christi Sheet, reprinted in 1975, the site is located in an area where the Beaumont Formation (Qb) is present at or near the ground surface. The Beaumont PAGE 6 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas Formation consists mostly of clay and sand intermixed with gravel. The Beaumont Formation thickness varies from 3 to 10 meters to over 100 meters toward the southeast. 2.5 SUBSURFACE CONDITIONS The results of the field and laboratory investigation have been used to generalize a subsurface profile at the project site. The following subsurface descriptions provide a highlighted generalization of the major subsurface stratification features and material characteristics. TABLE 2.5: GENERALIZED SOIL PROFILE % Stratum Top Bot. Soil Type LL PI Passing PP (Avg) (ft) (ft) (%) #200 Sieve 1 0 20 Fat Clay 75 43 88 2.3 Where: LL= Liquid limit (%) P1 = Plasticity Index PP — Hand Penetrometer (tsf) The boring logs included in the Appendix should be reviewed for specific information at individual boring locations. The boring logs include soil descriptions, stratifications, locations of the samples, and field and laboratory test data. The descriptions provided on the logs only represent the conditions at that actual boring location; the stratifications represent the approximate boundaries between subsurface materials. The actual transitions between strata may be more gradual and less distinct. Variations will occur and should be expected across the site. 2.5.1 GROUNDWATER INFORMATION Water level measurements were performed during drilling and after completion of drilling. Specific information concerning groundwater is noted on each boring log presented in the Appendix of this report. Groundwater was not encountered during the field investigation of this site. Groundwater levels fluctuate seasonally as a function of rainfall, proximity to creeks, rivers and lakes, the infiltration rate of the soil, seasonal and climatic variations and land usage. In relatively pervious soils, such as sandy soils, the indicated depths are a relatively reliable indicator of groundwater levels. In relatively impervious soils, water levels observed in the borings may not provide a reliable indication of groundwater elevations, even after several days. If a detailed water level evaluation is required, observation wells or piezometers can be installed at the site to monitor water levels. The groundwater levels presented in this report were measured at the time of PSI field activities. The contractor should determine the actual groundwater levels at the site before construction activities. 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS PAGE 7 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 3.1 GEOTECHNICAL DISCUSSION The following design recommendations have been developed based on the previously described project characteristics and subsurface conditions encountered. If there are changes in the project criteria, PSI should be retained to determine if modifications in the recommendations will be required. The findings of such a review would be presented in a supplemental report. Once final design plans and specifications are available, a general review by PSI is recommended to observe that the conditions assumed in the project description are correct and to verify that the earthwork and foundation recommendations are properly interpreted and implemented within the construction documents. 3.2 POTENTIAL VERTICAL MOVEMENT OF EXPANSIVE SOILS The soils encountered at the soil boring locations exhibit a high potential for volumetric changes, due to fluctuations in soil moisture content. PSI has conducted laboratory testing on the soils to estimate the expansive soil potential with soil moisture variations. These soil moisture variations are based on historical climate change data for a particular site. Determining the soil potential for shrinking and swelling, combined with historical climate variation, aids the engineer in quantifying the soil movement potential of the soils supporting the floor slab and shallow foundations. Shrink/swell movement procedures using two soil modeling systems, the Post Tensioning Institute's (PTI) "Design of Post -Tensioned Slabs -on - Ground, 3rd Edition" and Texas Department of Transportation (TxDOT) method TEX-124-E, were utilized to approximate the Potential Vertical Movement (PVM) for this location. 3.2.1 SHRINK/SWELL MOVEMENT (PVM) ESTIMATE Based on laboratory testing results and the TEX-124-E and the PTI methods, the potential vertical movement (PVM) within the proposed project area is estimated to be approximately 4 inches. It is not possible to accurately quantify actual soil moisture changes and resulting shrink/swell movements. The PVM (often referred to as PVR) and referenced structural movements values provided should not be considered absolute values that could occur in the field, but approximate values based on industry standard practice and experience. Extreme soil moisture variations could occur due to unusual drought severity, leaking water or sewer lines, , perched groundwater infiltration, or seasonal springs. Also, soil desiccation from trees located adjacent to or previously underneath the building, downspouts directing roof discharge under the foundation, poor drainage or irrigation line breaks could lead to moisture content changes greater than accounted for from normal climate variations and result in excessive foundation movements. The unknown factors previously mentioned cannot be determined at the time of the geotechnical study. Therefore, estimated shrink/swell movements are calculated only in consideration of historical climate data related to soil moisture variations. Movements in excess of these assumed variations should be anticipated and regular maintenance should be provided to address these issues throughout the life of the structure. PAGE 8 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 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 embed the lower quadrant or to the midpoint of the pipe at a minimum and should be compacted in maximum compacted thickness of eight (8) inches with mechanical hand compaction equipment. The initial backfill should extend from the PAGE 9 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas surface of the bedding to a point one (1) foot above the top of the pipe and should be compacted in maximum compacted thickness of eight (8) inches with mechanical hand compaction equipment. The secondary backfill may consist of material excavated from the trench. The secondary backfill should be free of debris and should not contain stones greater than three (3) inches in diameter. The secondary backfill should be placed at moisture contents between optimum and plus four (+4) percentage points of optimum and compacted to at least 95 percent of the maximum dry density as determined by ASTM D698. Each lift should be placed with a maximum compacted thickness of six (6) inches. Care should be taken during backfill compaction to prevent structural damage to the pipe. 3.5 EXCAVATION AND SHORING CONSIDERATIONS Lateral earth pressures from the soils will be applied to the trench shoring. Additionally, hydrostatic pressures and any equipment loads, and other surcharges should be considered for trench shoring design. The follow table should be utilized for the design of the allowable temporary slopes and trench shoring. TABLE 3.1: EXCAVATION AND SHORING DATA Material Type OSHA Soil Type At -Rest Condition, Ko Fat and Lean Clay (CH and CL) 0.60 Fat and Lean Clay below GWT (CH and CL), Clayey Sands (SC) „C„ 0.60 A lateral earth pressure of 120 pcf*Ko*depth(ft) should be used to evaluate lateral earth pressures applied to the shoring in a rectangular distribution. These values do not consider hydrostatic pressures. We recommend that the hydrostatic pressure be added to the lateral earth pressure in a triangular distribution of 62.4 pcf * (X) for that portion of the shoring below the groundwater table. 3.6 SITE SEISMIC DESIGN RECOMMENDATIONS For the purposes of seismic design, based on the encountered site conditions and local geology, PSI interpreted the subsurface conditions to satisfy the Site Class D criteria for use at this site as defined by the International Building Code (IBC). The site class is based on the subsurface conditions encountered at the soil borings, the results of field and laboratory testing, experience with similar projects in this area, and considering the site prepared as recommended herein. The table below provides recommended seismic parameters for the project based on the 2018 edition of the IBC. TABLE 3.2: RECOMMENDED DESIGN SEISMIC PARAMETERS Seismic Parameter IBC 2018 0.2 sec (Ss) 0.064g PAGE 10 tel Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 1.0 sec (Si) 0.033g Site Coefficient 0.2sec, Fa 1.6 Site Coefficient 1.0 sec, F„ 2.4 0.2 sec (Sips) 0.068g 1.0 sec (SD1) 0.053g 4.0 PAVEMENT DESIGN RECOMMENDATIONS 4.1 PAVEMENT DESIGN PARAMETERS PSI understands that Roller Compacted Concrete pavements are being considered for this project. Pavement design recommendations based on the City of Corpus Christi IDM pavement design requirements for the various planned street types as outlined in Table 4.1 below are provided. In addition, PSI utilized the "AASHTO Guide for Design of Pavement Structures" published by the American Association of State Highway and Transportation Officials to evaluate the pavement thickness recommendations in this report. This method of design considers pavement performance, traffic, roadbed soil, pavement materials, environment, drainage and reliability. Each of these items is incorporated into the design methodology. PSI is available to provide laboratory testing and engineering evaluation to refine the site -specific design parameters and sections, upon request. Details regarding the basis for this design are presented in the table below. TABLE 4.1: PAVEMENT DESIGN PARAMETERS AND ASSUMPTIONS Reliability, percent 70 for Residential Street 75 for Local Residential Collector 80 for Minor Residential Collector (C1) 90 for Secondary Collector Street (C2) Design Life 30 Years Initial Serviceability Index 4.5 Terminal Serviceability Index 2.5 Traffic Load Residential Street: 50,000 ESALs Local Residential Collector: 200,000 ESALs Minor Residential Collector (C1): 1,200,000 ESALs Secondary Collector Street (C2): 2,000,000 ESALs Standard Deviation 0.39 Concrete Compressive Strength 4,000 psi PAGE 11 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas Estimated Subgrade California Bearing Ratio (CBR) 2.0 for high plasticity clay subgrade Estimated Subgrade Modulus of Subgrade Reaction, k in pci 200 for lime/cement stabilized subgrade Pavements supported on expansive soils will be subject to PVM previously presented (approximately 4 inches ± 1/2 inch). These soil movements typically occur to some degree over the life of the pavement. Consequently, pavements can be expected to crack and require periodic maintenance. The pavement section thickness of approximately 15 to 16 inches would reduce the anticipated PVR to approximately 2 1/2 inches. It is our opinion that this magnitude of PVR can be primarily resisted considering a concrete or RCC pavement section. During the paving life, maintenance to seal surface cracks within concrete pavement and to reseal joints within concrete pavement should be undertaken to achieve the desired paving life. Perimeter drainage should be controlled to prevent or retard influx of surface water from areas surrounding the paving. Water penetration leads to paving degradation. Water penetration into subgrade materials, sometimes due to irrigation or surface water infiltration, leads to pre -mature paving degradation. Curbs should be used in conjunction with concrete paving to reduce potential for infiltration of moisture into the subgrade. Clay type compacted materials (12-25) or flowable fill should be placed on top of the base and beneath the sidewalk so that a path for moisture infiltration under the curb and into the pavement section is mitigated. The City of Corpus Christi requires the base and subgrade to be extended beneath the curb and gutter and to 2 feet behind the Curb. In accordance with City Standard Spec 025612 (Concrete Curb and Gutter) there is a requirement for compaction behind the Curb within 48 hours of removing forms. Material specifications, construction considerations, and thickness section requirements are presented in following sections. 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 PAVEMENT SECTION RECOMMENDATIONS PSI anticipated that the roadways will be used primarily by typical residential traffic primarily consisting of passenger vehicles, pickup trucks, school buses, delivery vehicles, and garbage trucks. PSI is providing thickness sections based on experience with similar facilities constructed on similar soil conditions for the design traffic loading anticipated. 4.2.1 ROLLER COMPACTED CONCRETE PAVEMENT Thickness recommendations for roller compacted concrete (RCC) pavement are provided below. PAGE 12 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas Roller Compacte6cal:91%te Lime Treated Subgrade Native Soil FIGURE 4.1: ROLLER COMPACTED CONCRETE PAVEMENT TYPICAL SECTION TABLE 4.2: ROLLER COMPACTED CONCRETE PAVEMENT DESIGN THICKNESS Material Thickness (in) Residential Street Local Residential Collector Minor Residential Collector (C1) Secondary Collector (C2) RCC Pavements 7.0 7.0 7.0 8.0 Lime/Cement Treated Subgrade 8 8 12 12 The AASHTO design calculation spreadsheets for these various street classifications are included in the Appendix. 4.2.2 GENERAL PAVEMENT DESIGN AND CONSTRUCTION RECOMMENDATIONS Roller compacted concrete pavement should be constructed in general accordance with TxDOT Special Specification 3016, Roller Compacted Concrete (included in the Appendix). Recommendations based upon the TxDOT specification are presented in the following table. TABLE 4.3: PAVEMENT PROFILE DESIGN AND CONSTRUCTION RECOMMENDATIONS Minimum Undercut Depth 6 inches or as needed to remove roots Reuse Excavated Soils Free of roots and debris and meet material requirements of intended use Undercut Extent 2 feet beyond back of curb Exposed Subgrade Treatment PAGE 13 Proof -roll with rubber -tired vehicle weighing at least 20 tons. A representative of the Geotechnical Engineer should be present during proof -roll. tel Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas Proof -Rolled Pumping and Rutting Areas General Fill Minimum General Fill Thickness Maximum General Fill Loose Lift Thickness Lime/Cement Treatment Excavate to firmer materials and replace with compacted general or select fill under direction of a representative of the Geotechnical Engineer Materials free of roots, debris, and other deleterious materials with a maximum rock size of 4 inches with a CBR greater than 3. This will be confirmed by CMT. As required to achieve grade 9 Inches Performed in general accordance with TxDOT Item 260. Subgrade treated with lime should achieve a pH of 12.4 or greater. A lime series test should be performed at the time of construction after the pavement subgrade soils are established to determine the lime requirement. For estimating purposes, use 3% lime by dry weight. Sulfate testing should also be conducted before placement of lime to evaluate the potential for sulfate induced heave from the lime stabilization. The organic content of the subgrade should not exceed 1%. Once the min. 24 hour mellowing period for lime is complete, the lime stabilized subgrade should be cement stabilized with 5% cement per TxDOT Item 275. RCC Mix Design Proposed RCC Mix Design should be reviewed by City of Portland and PSI prior to construction. A trial batch is required to ensure workability and compressive strength. Concrete Compressive Strength (28 days) Concrete Cement and Aggregates Minimum 4,000 psi Cement: TxDOT Item 421. Aggregates: RCC Combined Aggregates Gradation for RCC Surface Course. Materials Passing the No. 40 Sieve should have a Plasticity Index of less than 4. PAGE 14 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas Quality Control of RCC Pavements 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. 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. Placement of RCC Pavements The concrete batch plant should be within 30 minutes from point of placement. Production of RCC must be adequate to mitigate the potential of unplanned cold joints. The pavement should be placed and compacted as required by TxDOT Special Specification 3016. Compaction Testing of RCC Pavements ASTM C1040 - In -Place Density of Unhardened and Hardened Concrete, Including Roller Compacted 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. RCC Crack Control 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 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 Location Material Test Method for Density Determination Percent Compaction Optimum Moisture Content Testing Frequency Pavement Areas Scarified Onsite Soil (Subgrade) ASTM D698 > 95% 0 to +4% 1 per 7,500 SF; min. 3 tests General Fill (Onsite Material) ASTM D698 > 95% 0 to +4% 1 per 10,000 SF; min. 3 per lift RCC Pavement ASTM D1557 > 95% --- Single Lift 1 per 500 CY or RCC Pavement ASTM 1170 > 98% Single Lift 1 per 500 CY PAGE 15 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 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 Exposed Subgrade Treatment Proof -roll with rubber -tired vehicle weighing at least 20 tons. A representative of the Geotechnical Engineer should be present during proof -roll. Proof -Rolled Pumping and Rutting Areas Excavate to firmer materials and replace with compacted 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 Percent Location Material Density Moisture Determination Compaction Content Testing Frequency Outside of Pavement General Fill ASTM D698 Areas >_ 95% 1 per 0 to +4% 10,000 PAGE 16 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas SF; min. 3 per lift 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS The soils encountered are sensitive to disturbances caused by construction traffic and changes in moisture content. During wet weather periods, increases in the moisture content of the soil can cause significant reduction in the soil strength and support capabilities. In addition, soils which become wet may be slow to dry and thus significantly retard the progress of grading and compaction activities. It will, therefore, be advantageous to perform earthwork, foundation, and construction activities during dry weather. 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 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. PAGE 17 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 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. 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. PAGE 18 Proposed King's Landing Unit 9 Subdivision PSI Project No:03123143-4 Corpus Christi, Texas 6.0 REPORT LIMITATIONS The recommendations submitted in this report are based on the available subsurface information obtained by PSI and design details furnished by the client for the proposed project. If there are revisions to the plans for this project, or if deviations from the subsurface conditions noted in this report are encountered during construction, PSI should be notified immediately to determine if changes in the foundation recommendations are required. If PSI is not notified of such changes, PSI will not be responsible for the impact of those changes on the project. The Geotechnical Engineer warrants that the findings, recommendations, specifications, or professional advice contained 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, Inc. for specific application to the proposed King's Landing Unit 9 in Corpus Christi, Texas. PAGE 19 tntertek APPENDIX PAGE 20 0 ...,. . 0 .,,,• i , 0 4,. ,,I, .. 4. • *- ''d ! '1E! 7 t. -- -4.', • im v r ip ro.' MS .21, ,—.LI../ ' RAL",IT _ ... • ,.. .. , , . 11-1..,?ti Iriterridliurid Arit. PAGE 21 EXHIBIT 4 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW1@gmail.com LADY ALEXA DR. Bass Welsh Engineering TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 KING'S LANDING UNIT 9 - REIMBURSEMENT COST ESTIMATE LADY ALEXA DR. (C3 TO RESIDENTIAL 28'BB) 3054 S. Alameda St. Corpus Christi, TX 78404 9/19/2024 COST OF 50' BB ASPHALT STREET (C3) ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 8" PCCP/RRCP TO LIP OF GUTTER 3283 SY 90.00 295,471.20 2 12" LIME STABILIZED SUBGRADE TO 2' BC 3549 SY 42.00 149,038.73 3 12" PORTLAND CEMENT STABILIZED SUBGRADE TO 2' BC 3549 SY 30.00 106,456.23 4 EXCAVATION TO 2' BC 3549 SY 3.00 10,645.62 $561,611.78 COST OF 28' BB STREET ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 7" PCCP/RRCP TO LIP OF GUTTER 1765 SY 69.00 121,756.56 2 8" LIME STABILIZED SUBGRADE TO 2' BC 2027 SY 26.00 52,697.09 3 8" PORTLAND CEMENT STABILIZED SUBGRADE TO 2' BC 2027 SY 20.00 40,536.22 4 EXCAVATION TO 2' BC 2027 SY 3.00 6,080.43 $221,070.30 CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST $340,541.48 13% ENGINEERING, SURVEYING, & TESTING $44,270.39 7% CONTINGENCY $23,837.90 2% BOND $6,810.83 TOTAL AMOUNT REIMBURSABLE $415,460.61 EXHIBIT 5 PERFORMANCE BOND BOND NO. Developer as Principal Name: Mailing address (principal place of business): City as Obligee Name: City of Corpus Christi Mailing address (principal place of business): City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street Corpus Christi, Texas 78401 Contract Title of Agreement: For Subdivision: Award Date of the Contract: Total Project Cost/Bond Sum: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E-Mail Address: The address of the surety company to which any 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 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 Signature: Name: Title: Email Address: Surety Signature: Name: Title: 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 Name: Mailing address (principal place of business): City Name: City of Corpus Christi, Texas Mailing address (principal place of business): City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street Corpus Christi, Texas 78401 Contract Title of Agreement: For Subdivision: Award Date of the Contract: Total Project Cost/Bond Sum: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E-Mail Address: The address of the surety company to which any 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 Signature: Surety 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 City of Carpus =E Christi City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer 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: 78463 FIRM is: [] Corporation 1 Partnership ❑ Sole Owner ❑ Association Ej 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 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: MOSSA M OSTAG HAS I (Print) Signature of Certifying Person: Title: GENERAL PARNTER 11-14-23 Date: K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENT; D1NANCE ADMINISTRATIONAPPUCAT1ON FDRMSIFORMS AS PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENT! 27.12.DDC 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. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K;WEVELOPMENTSVCSISHAREI71LAND DEVELOPMENT,ORDINANCE ADMINISTRATION,APPLICATIoN FORMst ORMB AS PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENTI.27.12. DOC AMENDMENT TO PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION This is an amendment to the PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION, as amended, and attached hereto as "Exhibit a" by and between: MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Section 8. MAINTENANCE BONDS. (a) For King's Landing Unit 1, the Developer shall provide a Maintenance Bond with a term of 7 years following completion of the Roadway Improvements within King's Landing Unit 1. 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 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 the replacement cost to Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street), and Roadway Improvements within the King's Landing Unit 1 with traditional rebar reinforced portland cement concrete pavement. In addition, (formerly Iron Throne Drivc) and Lady Claudia Strcct (formcrly Drogon Strcct), thc power of attorney to the City Engineer in forms approved by the City Attorney. The estimated replacement cost for Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street), and Roadway Improvements within thc King's Landing Unit 1 with traditional rebar reinforced portland cement concrete pavement is $3,276,11 /1.3/1. (b) For future King's Landing Subdivision phases, the Developer shall provide a Maintenance Bond with a term of 7 years prior to immediately following acceptance of roadway improvements. The maintenance bond will be renewable biennially for the first 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 maintenanc bond, irrevocable letter of credit or rash 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 credits, or cash deposits will cover 100 percent of the replacement cost to replace the Roadway 1 Improvements being accepted with traditional rebar reinforced portland cement concretc attorncy to thc City Enginccr in forms approved by the City Attorney. (c) 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 Attorncy, bc isrucd 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. maintenance period. The Icttcr of crcdit must bc rcncwcd by the Dcvcloper bcforc expir to the expiration of the thcn currcnt Icttcr of crcdit. If timcly rcncwal ic not rcccivcd by thc City, or cash in lieu thereof is not deposited as financial security with the City, the City for failure to timely renew. If the letter of crcdit is callcd for failurc to timcly rcncw, thc 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 Agreement. (d) If financial security is provided and the Developer fails to maintain and repair streets the Developer, may transfer the cash funds received or call (redeem) the letter of credit and transfcr thc funds (if thc financial security provided was in the form of a letter of credit) to the appropriate City account. If the maintenancc and repair cost exceed the irrevocablc 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 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 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 or in accordance with the Texas Department of Transportation Concrete Repair Manual as attached as Exhibit 6, whichever is most applicable. In the event this Agreement and Repair Manual conflict, this agreement controls. 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 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, and loose material, prepared with a bonding agent, and filled with a lowshrink 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 days after being requested in writing to do so by the City Engineer. 3 (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. (c) Replacements shall include: 1. Major Cracks. Any RCC pavement panel with a crack greater than 1/4-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 of 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. 4 (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. 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 48 12L 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 7, the content incorporated by reference into this Agreement as t t ere in itc entirc �� re performance can begin under this Agreement, the Developer must deliver a certificate of Development Services Department. Additionally, the COI must state that the City will be given at 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 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 bi-annually 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 bi annual 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 68 120 days of that plan unless the Developer and its approved contractor are delayed by force majeure or other events beyond its control. 5 All other terms and conditions of the original agreement remain effective and in full force. EXECUTED in one original this day of , 2025. DEVELOPER: MPM Development, LP Moses Mostaghasi Date General Partner CITY OF CORPUS CHRISTI Peter Zanoni City Manager APPROVED AS TO FORM: Deputy City Attorney Date Buck Brice Date 6 Exhibit a AMENDMENT TO PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION This is an amendment to the PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION, originally dated July 25, 2022, and attached hereto as Exhibit A by and between: MPM Development, L.P. and the City of Corpus Christi. Whereas, Developer is unable to obtain a seven year maintenance bond; and Developer can obtain maintenance bond renewable biennially for the first six years and annual for the last year, for a total duration of seven years. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Section 8. MAINTENANCE BONDS. (a) For King's Landing Unit 1, the Developer shall provide a Maintenance Bond with a term of 7 years following completion of the Roadway Improvements within King's Landing Unit 1. 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 to Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street), and Roadway Improvements within the King's Landing Unit 1 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) and Lady Claudia Street (formerly Dragon Street), the developer shall submit the maintenance bond for King's Landing Unit 1 and associated power of attorney to the City Engineer in forms approved by the City Attorney. The estimated replacement cost for Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street), and Roadway Improvements within the King's Landing Unit 1 with traditional rebar- reinforced portland cement concrete pavement is $3,276,114.34. (b) For future King's Landing Subdivision phases, the Developer shall provide a Maintenance Bond with a term of 7 years prior to immediately following acceptance of roadway improvements. 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 credits, or cash deposits will cover 100 percent of the replacement cost to replace the Roadway Improvements being accepted with traditional rebar-reinforced portland cement concrete pavement. The developer shall submit the maintenance bond and associated power of attorney to the City Engineer in forms approved by the City Attorney. c) 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. (d) 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 any additional costs related to maintenance and repair within 30 days after the City invoices. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED in one original this 04- day of Pee,v,toxr 2022. DEVELOPER: MPM Development, LP Moses 4aghasi General Partner STATE OF TEXAS COUNTY OF NUECES Date This instrument was acknowledged before me on lPeCi' , 2022, by Moses Mostaghasi, General Partner of MPM Development, LP, on behalf of said company. CYNTHIA BUENO Mikams)- ULLA() Notary Public's Signature CITY OF CORPUS CHRISTI Pgter Zanofrt� City Manager THE STATE OF TEXAS § COUNTY OF NUECES § 1 This instrument was signed by Peter Zanoni, City Mana fir, for the Cit of Corpus Christi, Texas, and acknowledged before me on the day of 11f XY(bCr, 2022. Notary Public, State of'llexas 1 MARTHA VAZQUEZ Notary ID #128028579 My Commission Expires March 16, 2026 APPROVED AS TO FORM: This S day of r e C`e `4/' , 2022. f7-1/1- Senior Assistant City Attorney Buck Brice EXHIBITA PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION This PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND 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 1 ("Unit 1"); WHEREAS, as a condition of the Plat for Unit 1, the Developer is required to expand, extend, and construct Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street) 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 Iron Throne Drive and Drogon Street as C-3 collector streets 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 (Exhibit 3); 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: 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 Agreement, 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 Subdivision as outlined within Exhibit 3 under the following conditions: (a) Developer agrees to construct all roadway improvements within Kings Landing Subdivision 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 1, Developer shall construct the RCC pavement in accordance with the site -specific geotechnical report as depicted in Exhibit 4 and engineering plans and specifications as depicted in Exhibit 2. Concrete curb and gutter construction shall be constructed to City Design Standards. (c) For future King's Landing Subdivision phases, Developer shall submit site -specific geotechnical report signed and sealed by a Professional Engineer licensed by the State of Texas ("Geotechnical Engineer") and engineering plans and specifications signed and sealed by an Engineer of Record licensed by the State of Texas ("Engineer of Record") that depict the RCC pavement paving details to the City Engineer for approval. The RCC pavement paving details shall equal or exceed the minimum parameters specified in the approved Plans (Exhibit 2) and Geotechnical Report (Exhibit 4). Concrete curb and gutter construction shall be as depicted in compliance with the City Design Standards, or an alternate approved by the City. (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. Page 2 of 15 (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. The authorization to utilize RCC pavement per this Agreement is limited to the King's Landing Subdivision as outlined within Exhibit 3. 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. This Agreement shall continue during the development of the Kings Landing Subdivision as outlined within Exhibit 3. This agreement will expire in 25 years or upon the expiration of the last Roadway Improvement warranty for the last developed phase of Kings Landing Subdivision, whichever is later. The Developer must complete the Roadway Improvements for King's Landing Unit 1 not later than July 31st, 2023. The Developer must complete the Roadway Improvements for the entire Kings Landing Subdivision, as outlined within Exhibit 3, not later than July 31st, 2032. Section 4. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, the Developer will construct Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street) as C-3 collector streets with at least 8-inch thick RCC pavement per Exhibit 2 and Exhibit 4 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 5 (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 Lady Claudia Street (formerly Drogon Street). 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) and Lady Claudia Street (formerly Drogon Street) up to $1,248,780.65 plus $321,426 previous paid for partial construction of Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street) under previous participation agreement. 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) and Lady Claudia Street (formerly Drogon Street) shall not exceed $1,248,780.65. Additionally, City participation includes $321,426 previous paid for partial construction of Iron Throne Drive and Drogon Street under previous participation agreement. 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 Lady Claudia Street (formerly Drogon Street). The City shall reimburse the Developer upon completion of all Roadway Improvements within Kings Landing Unit 1 contingent upon the certificate of acceptance issued by the City Engineer, sworn certification on City form that Page 3 of 15 the Developer has paid all contractors and subcontractors in full, and presentment of a maintenance bond. Such reimbursement will be payable to the Developer at the address in the Notice Section of this Agreement. Section 7. PERFORMANCE BOND. In accordance with the Texas Local Government Code, the Developer shall execute a performance bond for the construction of the Iron Throne Drive and Drogon Street prior to construction to ensure the completion of the project. A corporate surety must execute the bond in accordance with Chapter 2253 of the Texas Government Code and in a form approved by the City Attorney. Section 8. MAINTENANCE BONDS. (a) For King's Landing Unit 1, the Developer shall provide a Maintenance Bond with a term of 7 years following completion of the Roadway Improvements within King's Landing Unit 1. The maintenance bonds will cover 100 percent of the replacement cost to Lady Alexa Drive (formerly Iron Throne Drive) and Lady Claudia Street (formerly Drogon Street), and Roadway Improvements within the King's Landing Unit 1 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) and Lady Claudia Street (formerly Drogon Street), the developer shall submit the maintenance bond for King's Landing Unit 1 and associated power of attorney to the City Engineer in forms approved by the City Attorney. (b) For future King's Landing Subdivision phases, the Developer shall provide a Maintenance Bond with a term of 7 years prior to acceptance of roadway improvements. The maintenance bonds will cover 100 percent of the replacement cost to replace the Roadway Improvements being accepted with traditional rebar-reinforced portland cement concrete pavement. The developer shall submit the maintenance bond and associated power of attorney to the City Engineer in forms approved by the City Attorney. 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 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 or in accordance with the Texas Department of Transportation Concrete Repair Manual as attached as Exhibit 6, whichever is most applicable. In the event this Agreement and Repair Manual conflict, this agreement controls. Deficiencies requiring repair shall include: Page 4 of 15 1.Minor Cracks. any crack greater than 1/8-inch and less than Yi-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 %-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, 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. Page 5 of 15 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. (c) Replacements shall include: 1. Major Cracks. Any RCC pavement panel with a crack greater than 'A -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 o0f 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. Page 6 of 15 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. 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 7, 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 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 Page 7 of 15 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, Toss, claims, demands, suits, and causes of 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. Page 8 of 15 (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 Roadway Improvements for King's Landing Unit 1, under the approved plans and specifications, on or before July 31st, 2023. (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. (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; Page 9 of 15 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: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: City Engineer 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas If to the Developer: MPM Development, L.P. Attn: Moses Mostaghasi PO Box 331308 Corpus Christi, Tx 78401 (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 8. Page 10 of 15 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 more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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. Page 11 of 15 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 respondeat superior shall not apply between City and Developer, its officers, agents, 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. Page 12 of 15 Exhibits Attached and Incorporated by Reference: Exhibit 1 — Plat — King's Landing Unit 1 Exhibit 2 — Public Improvement Plans — King Landing Unit 1 Exhibit 3 — Preliminary Plat — King's Landing Exhibit 4 — Geotechnical Report Exhibit 5 — Cost Estimate Exhibit 6 — Tx DoT Concrete Repair Manual Exhibit 7 — Insurance Exhibit 8 — Disclosure of Interest Page 13 of 15 EXECUTED in one original this CITY OF CORPUS CHRISTI er Zanoni City Manager THE STATE OF TEXAS § COUNTY OF NUECES § day of \'‘)\,2022. This instrument was signed by Peter Zanoni, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the c). D ' day of , 2022. C Public, State of -xas APPROVED AS TO FORM: This ,/c4 hiz/c. 5 day of Senior Assistant City Attorney Buck Brice ly Pill` MARTHA VAZQUEZ Notary ID #12B028579 DIY My Commission Expires March 16, 2026 , 2022. Page 14 of 15 DEVELOPER: MPM Development, LP if 1.1—og_e-- es Mos agashi Date General Partner STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on a i , 2022, by Moses Mostagashi, General Partner of MPM Development, LIF)::tiot behalf of said company. CYNTHIA BUENO ID# 1178588-3 Notary Public STATE OF TEXAS My Comm. Exp. 11-04-2023 16--"Vi Notary Public's Signature Page 15 of 15 Exhibit 1 STATE OF .ERAS oc�n RECWD2, . ,+n= armens. ,,, kuECCS . , rz STATE Or TEXAS C 30' 60' ORE tF. AS STATE 1,AS OF MACES K4.P 0 ME ' ICPSG ie OF IBAS 111 PECOR,S VOL,. 265-111 -DUNT, OFlounn KARK LAND 31 1 ,..38445i854.,A5A 531 155 18.1 '38 Ct4 o . ,'":=;•;,, r"C C,42 Aer . 2215325.23 25EE2 3 555 =5 ,C,,255r.,5555. '255'55 5'. Siil.N59?" t Ccr 3;.• 5225 55.7.i: 255E2 2 , 555143E0 22s2 ! 121s! s 5-4) 2225,75sZ 55;5,5 —7'75= —Vs' tr00,3, Cr, .1, "•""r Cr_ CR • S89' "5 °8' 1513. 84' _\101 SC 55' -5,17 132' IT 389°08' 5115 1321. 22' o 33813D95' 3318 339' CT 4815 1194. 05' Ss C2 Zi."2;.I'Mr•ssr 1303. 5918 .1145 AEF_LED C 255 -225 45.5 •irs:Irinuramt===:-.7:1 scALE, EDO' SAND NO ,_j:\ NUECES CO6N'Y, CLINT NUED FROM CON NUED ROM aoba,a>e,. nKING'S I A O ,- CHRISTL -Lziv,gn!" I AFRE, 'R C 099s CTE 2E3E 290, 00' BAS400332C ST -,,,c3c,a,3,a,80, 1:c Da ,,,© 1 Sa;22Ta32,2,213,232,22,f2asaasa * TSETE233 , 1 ra ' rta ; ; III I I • 1 — LIC SF I,I, 81 I 1 e'47,)irjj7,araTart' D'] 03 Das 7, BCC sr j jraaa,— , 1 ia2 2,2 'T" .992129-21 41 `Di de, 7. I21 t.11 j S!j ) rel;oaag,,a ; , CONflNUED 0204 020010 4 1841 2C. 0 30 SE' 133' hunirimmi7=Tai SCALE SD' FF.5. T 15 0 TRVT7'. C. 1.7 N89' GB' 51° E 560. 00' CENT I N9E9 SPES, 7 13 333 898' 13 1 8' 1'1 r4- s 795 5 '55 57 _ 491 9-'49 _24- —3, 4—.9 5 .9849 291 -44 85" „ : 8:18 9.73 18 811 1.9 9 ! 442 91'9 as • - ! I 5 : , 54•-• : 1,8 9.579 5,858 5,1 0998 35' 3888 _ __s _ 8, 67 " A 810 959 5,0799 4", ;.4 010, sou, TE, 1,9 1189' 98' .51° 139034197 '4-98'8'i 79 IT VOlPii0 1/1C70111111111■11..= CC 22, 21' 74, .1 42, 544 , NB E 334 87' 72: 2-1.g12,- t.t. ,25-1:22-2:E.stri 94 , VL.R I ,,,,, $: ,-,,, ' 1 ...911,..411n....1,...„11494 1 444_, - 1 '11 "... .,.., 4 TI ., .7,.! ''! - - -.: ' '' ''' N 4 ,-- Q.i „• „ , I — VDI to 6 tt, 0 30 7',Z. ,Arir-amisr= 1, 60 Exhibit 2 POOP MHO'S CORPUS O 1 ADO` 'AOO =AHMHO UHr- CITY CONSTRUCTION INSPECTION FOP RCCP AND PCCP LEGEND MMIIK PAVING ESTIMATE SUMMARY 7" THICK PCCP A' THICK PCCP 8" THICK PCCP 8" THICK PCCP J�9 SHEET INDEX SHEET NO. COVER SHEET AND MISCELLANIOUS INFORMATION PCCP AND RCCP PAVEMENT DETAILS PCCP AND RCCP JOINTING PLAN AND JOINT DETAILS PCCP AND RCCP JOINTING PLAN AND JOINT DETAILS PCCP AND RCCP JOINTING PLAN PCCP AND PCCP JOINTING PLAN RCCP AND PCCP JOINTING PLAN RCCP AND PCCP JOINTING PLAN 2 4 5 6 7 8 LOCAL, ON La PCCP AND FLCCP PAVING PLANS KING'S LANDING UNIT 1, CORPUS CHRISTI, NUECES COUNTY, TEXAS COVER SHEET AND MISCELLANEOUS INFORMATION 42117 CONTRACTION ISAINNLsJOINT DETAIL — RCGP ITCCP (ROLLER COMPACTED CONCRETE PAVING) NOTES EXPANSION JOINT DETAIL o RCWP SAWN JOINT PETAI AT JUNCTION OF PROPOSED RCCP AND PCCP WITH EXISTING R CURB AND GUTTER TYPICAL STREET SECTION — 50' ROW vitertek GEOTECHNICAL ENGINEERING REPORT Kings uLA .ni study :(n3O rv+.mRwai PSI Project flo. 03122159 PREPARED MIMI flames Box 331.308 Corpus Christi, Texas, 78.3 TYPICAL STREET SECTION — 6GT s ROW TYPICAL STREET SECTION — TT ROW SAWN JOINT DETAIL AT JUNCTION OE PROPOSED RCCP WITH PC, NOT AT AN RC,' EXPANSION ,JOIX ZOZEF mrry anvwor" ` v�rcn nun TYPICAL PCCP PUB,IEEC STREET SECTION EEO JUNT OTTO CONTRACTION (SAWN) JOINT DETAIL I ENGITIDIENAIIT RC TRONSVEERSE SAWN I TER oP trelrl Na,E — W, ore LL EXPANSION JOINT NET PCCIT BASS AND WELSH ENGINEERING PLGP AND RLLP PAVING PLANS ITCLP AND IRCLIT PAVEMENT DETAILS N 'Id SHEEr KEY CONTINUED ON SHEET 3 MATCH L NE 'A' STA 1245C HUp ANC' WIN ERN NNN NMI NNN NNN MNN NNN MEN MUM NNN ®A® ENE NNN ENE ENE NEN NEN NNN ENE NUM NEN NNN ENE ENE NMINUM MIRE NpNE MF% I /1 II LOT eat NNrI VIM II ENE i I ®NNI®' �Elt__-ism LW LOT CONTINUED ON SHEET 4 ATCH LINE B' STA 12+50 Lot .N .3 ... ;. SEir 05' 03' 159. 34' 34 WitI rml :6g5F7rrrrrLTrW6',EVINOINIA � Wit 'i-rr.©3T.13�rrr4!frllrrrl/ 1ymu ,ay11 y OM � a E �. ., lily' EINhare • _; Roar, NW 'CNN r:rr Tra®r.r i°E zaI".1l,r�arrrllm_ 3vaxmawmazawmarnma2Cgansammaxorinci rrrrr®Sea irP6fS�QaMIRE Trra oco— 1.11 N iiaaaaaaaMIMINI!aI.MISSZ1F3aaalAJ.: P per Ilt. Fill Ili 151 • nrrEccai �L�1Lulyy��.yyLLuu�i�1 - `e • CHFET KFL III ° �. j PI 1 1 II 1 1II MATCH L NE 'A' STA 12+50 CONTINUED FRUM SHEET 2 11 1 IMI 111 TA1L SHOWING IASPHALTP 2URK AT rn wo IUNFTIPN PR LT A EXI ST INGFRSPHALTTPgVEMENTNO BASS & WELSH ENGINEERING PCP AND RCCP PAVING PLANS KING'S LANDING UNIT 1 CORPUS CHRISTI, NUCL. CO., TX PCCP AND RCCP JOINTING PLAN AND JOINT DETAILS z 1 PRE IVIM ■ ■■■■■■BmB■n■■i�■■■■■ LI g_, l=,a nip■ ■ . | 1 a � 1 NImr = PS 2 M \ 12+50 11 / % BASS 41i2 H ENGINEERING PCCP AND IRCCP PAVING PLANS KING'S LANDING UNIT I CORPUS CHRISTI, NUECES CO., PCCP AND RCCP JOINTING PLAN CONTIN ED UN SHEET 6 MATCH LINE 'F STA 4+75 !Si !I MN 111 1.1! • MI IMF • I Pi 4 It. swilitzammmurrrerimairamolim [HP," VG, Vigilf0,4;i4;T CONTINUED ON SHEET 7 MATCH LINE .G' STA 4+75 1474tJi T.7242152; "AL 1AZ Ining 0 21 /22 6.9E269;;Kr R.71.7ESE, *ASS * WELSH ENOINEERING KING SL*NTITNG UNIT 1 CORPUS CHRISTI, NUECES CD., TX PCCP AND RCCP JOINTING PLAN `EriTZ, 'mom;g/ AE 1.01 A,. ; I IS o 74_ MATCH 4 NE 'F STA 4+75 CONTINUED FROM SHEET 5 I ,L21 3.2E ,55 .00S L. mau SHEET KEY BASS * WELSH ENOINEERING PCCP AMD RCCP PAY1,71,,,R4rNS CORPITCHRIe,nrECES CO., TX PCCP AND RCCP JOINTING PLAN 1 11 -r I I I I N 1 1 1 1 o I 1 r� r r I I os� sE�1 sE Tea --Lc sfi -- MATCH LINE G' STA 4+75 CONTINUED GROM SHEET r_rx Au CCAEg°AIggsE NGINEERING P AND RCCP PAVINOMPLANS dew AAA Po. PPUS ER s LANDING UNIT . CORPUS CHRISTI, NUECES CO. PCCP AND RCCP JOINTING PLAN 10Afffggi. TXDOT Notes: 1. A Traffic Impact Analysis (TIA) shall be required for the ultimate 15 year development forecast for the intersections and access locations within 3500 feet of both sides of the subject property line along FM 43. This TIA shall be required during the public improvement stage of this plat, prior to TxDOT Access Permitting for new streets, or City Site -work Permitting. 2. No access locations beyond those identified herein shall be authorized for plats or re -plats without a variance for lots adjacent to State Right -Of -Way. A variance may be granted on a case by case basis when the Owner or their agent provides significant justification of a public need for additional access. Justification shall be provided within a site specific Traffic Engineering Study that will be reviewed during the TxDOT Access Permitting process. SOUTH DANK OF DSO CREEK "":0474FE 7:47 TIVT TVE. Cr AL z N00.55 *gain 21.404NONOWA104F IrCr 1EL" X2 ntIBIONdOMPO filin itiM II — MO ”101. 001 04 Ala "Ill Illt MIL iamm 4 m im mimm 1271EL mem dEZB .m am Nomm 114110 -121 st7a calm 3m mu taw war mm F7 nrxwm oz. :rl van nat . SS Mo denbtOR 14 IR ilit•it 1 g IBM WE il .F.,) m:rn MP, Sill Yill MID B.Mil MU AW Milt :URI 131 , 171 T 117. 7.-r^l'el, N89.01' 55' E 1072.21'--f 011, flit it aligign WRAPPRP WIRNAMIIINWM00 1 ommt gmiegOMMUOINOWft MEOW lagigigiOn40 ANIQPNI PoRIPINUOCIPC9,11t lgo015 fpoolgOMOHNOggamft OF•itillffiaii0- -- —WA 11' i MOINE - 37? ,19011004106Mmt 1441040001101110444* uze 0401611111Wit itirinntIPINIMgaggimet, mE[......, fml IPORIONMag t040114411400M04014 Ey siammom..1 werAmort h.-.AMMWAMMON.. AVNAMOBROMMtliogio IMPAIMMOMMONNOMOW "i64"INNIW"I° i'.1641411411101 111:1061101 japimpranumpogAMINIPUIPt . . , iighOPMANANNPRkg QAPRWAWIRMIPME 011010111P4A110011 el FIVNIP It F. Exhibit 3 ttilryne Eyey+, y .y. artrarrnyrry= SOI. 00' 04' E 527 . 91' 47f2471. 04¢ 041¢0¢ 04 km ilmim Mtrkm - 111 Kin ' ripor, law • ril I 1Pmilli 'law 01,04w:044 dam rigi II 1411E 12FW TE ,41 tl 1 „ r t) ragy.¢¢7fir¢ry,¢1¢ SOO. 5236'E 1362 29' %. L \yk nortalr liMININ r4/1* ¢y4 66 _ —VC\ N:C LIM Stk 'fiZ =Warn 'AlpresEnIternItrIS-CWAr FM 43 S89°M,3, 297,55' Peg ;871; -1'7MVw N01.01,1' 23, 5 12.99' iffigtP, ilit.7.11-1153.7012notrer 41Nor:71:11`. anoTitar. PRELIMINARY PLAT KINGS LANDINGN 10,111/18 TYPICAL STREET SECTION - OO' ROW TYPICAL STREET SECTION - 50' ROW 1. or 19.50. TYPICAL STREET SECTION - 75' ROW MS DOCUMENT IS RELEASED FOR THE TIVUSURPEnnar Z. "'ER OR 0 PURPOS BASS & WELSH ENGINEERING PEKMGALAN PP CORPUS CHRISTI, NUECES COUN TY, T% Exhibit 4 GEOTECHNICAL ENGINEERING REPORT King's Landing Unit 1 Pavement Study (Rev 5) CR 49 at FM 43 (Weber Road) Corpus Christi, Nueces County, Texas PSI Project No. 03122159 PREPARED FOR: MPM Homes P.O. Box 331308 Corpus Christi, Texas, 78463 July 11, 2022 BY: PROFESSIONAL SERVICE INDUSTRIES, INC. 2020 N. Loop 499, Ste 302 Harlingen, Texas 78550 Phone: (956) 423-6826 Fax: (956) 423-5735 uitertek tntertek . July 11, 2022 MPM Homes P.O. Box 331308 Corpus Christi, Texas, 78463 Attn: Mr. Moses Mostaghasi RE: GEOTECHNICAL ENGINEERING REPORT KINGS LANDING UNIT 1 PAVEMENT STUDY (REV 5) CR 49 AT FM 43 (WEBER ROAD) CORPUS CHRISTI, NUECES COUNTY, TEXAS PSI Project No. 03122159 Dear Mr. Mostaghasi: Professional Service Industries, Inc. 810 S. Padre Island Drive Corpus Christi, TX 78416 Office — 361.854.4801 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�trisittit\i# F003307 •.s * ? Dexter Bacon, P.E. ro DEXTER BACON Chief Engineer r .. 54560 CENS� 7/11/2022 Reinaldo Vega -Meyer, E.I.T. Project Manager www.intertek.com/building te 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 AASHTO Design Spreadsheet Results TxDOT Special Specification 3016 Roller Compacted Concrete iii INDEX OF TABLES Page No. Table 1.1: General Project Description 1 Table 2.1: Site Description 3 Table 2.2: Field Exploration Summary 3 Table 2.3: Field Exploration Description 3 Table 2.4: Generalized Soil Profile 5 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 iv King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 1.0 PROJECT INFORMATION 1.1 PROJECT AUTHORIZATION Professional Service Industries, Inc., (PSI), an Intertek company, has completed a field exploration and geotechnical evaluation for the proposed King's Landing Unit 1 Pavement Study project to be constructed at CR 49 at FM 43 (Weber Road) in Corpus Christi, Texas. Mr. Moses Mostaghasi, representing MPM Homes, authorized PSI's services by signing PSI Proposal No. 321057 dated September 9, 2020. 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 "Public Improvements to King's Landing Unit 1, Corpus Christi, Nueces County, Texas", dated 4/2/2020 and prepared by Nixon Welsh, PE, RPLS, a summary of our understanding of the proposed project is provided in the following table. TABLE 1.1: GENERAL PROJECT DESCRIPTION Project Description Roller Compacted Concrete (RCC) Pavements, Utility Line Considerations Existing Grade Change within Project Site Approximate 5 feet Design Traffic Load Residential Street: 50,000 ESALs Residential Collector: 100,000 ESALs Local Street: 1,000,000 ESALs Collector Street: 2,000,000 ESALs 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 made are incorrect, please inform PSI so that the recommendations presented in this report can be amended as necessary. PSI will not be responsible for the implementation of provided recommendations if not notified of changes in the project. 1.3 PURPOSE AND SCOPE OF SERVICES The purpose of this study is to evaluate the subsurface conditions at the site and develop geotechnical engineering recommendations and guidelines for use in preparing the design and other related construction documents for the proposed project. The scope of services included drilling 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: • General site development and subgrade preparation recommendations. • Estimated potential soil movements associated with collapsing, shrinking and swelling soils and methods to reduce these movements to acceptable levels. • Recommendations for site excavation, fill compaction, and the use of on -site and imported fill material under pavements. PAGE 1 King's Landing Unit 1 Pavement Study (Rev 5) P51 Project No: 03122159 Corpus Christi, Texas July 11, 2022 • Recommendations for the pavement profile design and construction of Roller Compacted Concrete (RCC) pavement for the proposed residential streets designed in consideration of the City of Corpus Christi standards. • Utility line excavation and construction considerations. The scope of services for this geotechnical exploration did not include an environmental, mold nor detailed seismic/fault assessment for determining the presence or absence of wetlands, or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air on or below, or around this site. 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. PAGE 2 King's Landing Unit 1 Pavement Study (Rev 5) Corpus Christi, Texas PSI Project No: 03122159 July 11, 2022 2.0 SITE AND SUBSURFACE CONDITIONS 2.1 SITE DESCRIPTION The following table provides a generalized description of the existing site conditions based on visual observations during the field activities and other available information. TABLE 2.1: SITE DESCRIPTION Site Location CR 49 and FM 43, Corpus Christi, Nueces County, Texas Site History Agricultural Land Existing Site Ground Cover Cultivated Fields Site Boundaries/Neighboring Development North: Undeveloped Cultivated Fields East: London School South: Weber Road West: Residential Subdivision 2.2 FIELD EXPLORATION Field exploration for the project consisted of drilling a total of 18 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-4, B-6 thru B-10 & B-12 thru B-18 6 feet Residential Streets & Utilities B-5 & B-11 20 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) PAGE 3 King's Landing Unit 1 Pavement Study (Rev 5) Corpus Christi, Texas PSI Project No: 03122159 July 11, 2022 Frequency of Groundwater Level Measurements Initial Reading and After Drilling Reading Boring Backfill Procedures Soil Cuttings Sample Preservation and Transportation Procedure General accordance with ASTM D4220 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 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 descriptions have been summarized in the following table. PAGE 4 King's Landing Unit 1 Pavement Study (Rev 5) Corpus Christi, Texas P51 Project No: 03122159 July 11, 2022 TABLE 2.4: GENERALIZED SOIL PROFILE Layer Depth of Layer (ft) Top Bot. Soil Type Range Range Range w (%) LL (%) PI Range Range % Pass. Hand Pen #200 (tsf) Avg. UC (tsf) 1 0 20 Fat Clay and Fat 27 - 41 66 - 89 39 - 58 72 - 90 1.75 - 4.25 Clay w/ Sand 2.25 2* 4 13 Lean Clay 21- 33 43 23 80 - 85 2.0 - 2.5 2.75 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) UC: Unconfined Compression Testing of Undisturbed Soil Samples (tons per square feet) *Only encountered in Boring B-11 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. PAGE 5 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS 3.1 GEOTECHNICAL DISCUSSION PSI understands that the City of Corpus Christi pavement design requirements for the new Residential Streets pavements within the subdivision be designed for the IDM required 50,000 18-kip Equivalent Single Axle Loads with a 30-year design life. Pavement design sections are also provided for Residential Collector (100,000) ESALs, Local Street (1,000,000 ESALs) and Collector Street, C3 (2,000,000 ESALs). 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 SHRINK/SWELL MOVEMENT (PVM) ESTIMATE Based on laboratory testing results and our analyses, the potential vertical movement was estimated to be approximately 4 inches ±'A 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 Cn) PAGE 6 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 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. 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 embed the lower quadrant or to the midpoint of the pipe at a minimum and should be compacted in maximum compacted thickness of eight (8) inches with mechanical hand compaction equipment. The initial backfill should extend from the surface of the bedding Cn) PAGE 7 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 to a point one (1) foot above the top of the pipe and should be compacted in maximum compacted thickness of eight (8) inches with mechanical hand compaction equipment. The secondary backfill may consist of material excavated from the trench. The secondary backfill should be free of debris and should not contain stones greater than three (3) inches in diameter. The secondary backfill should be placed at moisture contents between optimum and plus four (+4) percentage points of optimum and compacted to at least 95 percent of the maximum dry density as determined by ASTM D698. Each lift should be placed with a maximum compacted thickness of six (6) inches. Care should be taken during backfill compaction to prevent structural damage to the pipe. 3.5 EXCAVATION AND SHORING CONSIDERATIONS Lateral earth pressures from the soils will be applied to the trench shoring. Additionally, hydrostatic pressures and any equipment loads, and other surcharges should be considered for trench shoring design. The follow table should be utilized for the design of the allowable temporary slopes and trench shoring. TABLE 3.1: EXCAVATION AND SHORING DATA Material Type OSHA Soil Type At -Rest Condition, Ko Fat and Lean Clay (CH and CL) 0.60 Fat and Lean Clay below GWT (CH and CL), Clayey Sands (SC) „C„ 0.60 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. PAGE 8 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 4.0 PAVEMENT DESIGN RECOMMENDATIONS 4.1 PAVEMENT DESIGN PARAMETERS PSI understands that Roller Compacted Concrete pavements are being considered for this project. Pavement design recommendations based on the City of Corpus Christi IDM pavement design requirements for the various planned street types as outlined in Table 4.1 below are provided. In addition, PSI utilized the "AASHTO Guide for Design of Pavement Structures" published by the American Association of State Highway and Transportation Officials to evaluate the pavement thickness recommendations in this report. This method of design considers pavement performance, traffic, roadbed soil, pavement materials, environment, drainage and reliability. Each of these items is incorporated into the design methodology. PSI is available to provide laboratory testing and engineering evaluation to refine the site -specific design parameters and sections, upon request. Details regarding the basis for this design are presented in the table below. TABLE 4.1: PAVEMENT DESIGN PARAMETERS AND ASSUMPTIONS Reliability, percent 70 for Residential Street, 28 feet wide 75 for Residential Collector, 40 feet wide 80 for Local Street, 50 feet wide 90 for Collector Street C3, 50 feet wide Design Life 30 Years Initial Serviceability Index 4.5 Terminal Serviceability Index 2.5 Traffic Load Residential Street: 50,000 ESALs Residential Collector: 100,000 ESALs Local Street: 1,000,000 ESALs Collector Street: 2,000,000 ESALs 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 75 for high plasticity clay subgrade Pavements supported on expansive soils will be subject to PVM previously presented (approximately 4 inches ± 1/2 inch). These soil movements typically occur to some degree over the life of the pavement. Consequently, pavements can be expected to crack and require periodic maintenance. The pavement section thickness of approximately 15 to 16 inches would reduce the anticipated PVR to approximately 2 % inches. It is our opinion that this magnitude of PVR can be primarily resisted considering a concrete or RCC pavement section. During the paving life, maintenance to seal surface cracks within concrete pavement and to reseal joints within concrete pavement should be undertaken to achieve the desired paving life. Perimeter drainage should be controlled to prevent or retard influx of surface water from areas surrounding the paving. Water penetration leads to paving degradation. Water penetration into subgrade materials, sometimes due to irrigation or surface water infiltration, leads to pre -mature paving degradation. Curbs should be used in conjunction with concrete paving to reduce potential for infiltration of moisture into the subgrade. Clay type 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. Cn) PAGE 9 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 The City of Corpus Christi requires the base and subgrade to be extended beneath the curb and gutter and to 2 feet behind the Curb. In accordance with City Standard Spec 025612 (Concrete Curb and Gutter) there is a requirement for compaction behind the Curb within 48 hours of removing forms. Material specifications, construction considerations, and thickness section requirements are presented in following sections. 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 PAVEMENT SECTION RECOMMENDATIONS PSI anticipated that the roadways will be used primarily by typical residential traffic primarily consisting of passenger vehicles, pickup trucks, school buses, delivery vehicles, and garbage trucks. PSI is providing thickness sections based on experience with similar facilities constructed on similar soil conditions for the design traffic loading anticipated. 4.2.1 ROLLER COMPACTED CONCRETE PAVEMENT Thickness recommendations for roller compacted concrete (RCC) pavement are provided below. Roller Compacted Concrete Lime Treated Subgrade Native Soil FIGURE 4.1: ROLLER COMPACTED CONCRETE PAVEMENT TYPICAL SECTION TABLE 4.2: ROLLER COMPACTED CONCRETE PAVEMENT DESIGN THICKNESS Material Thickness (in) Residential Street Residential Collector Local Street Collector RCC Pavements 7.0 7.0 8.0 8.0 Lime/Cement Treated Subgrade 8 8 8 8 The AASHTO design calculation spreadsheets for these various street classifications are included in the Appendix. Cn) PAGE 10 King's Landing Unit 1 Pavement Study (Rev 5) Corpus Christi, Texas P51 Project No: 03122159 July 11, 2022 4.2.2 GENERAL PAVEMENT DESIGN AND CONSTRUCTION RECOMMENDATIONS Roller compacted concrete pavement should be constructed in general accordance with TxDOT Special Specification 3016, Roller Compacted Concrete (included in the Appendix). Recommendations based upon the TxDOT specification are presented in the following table. TABLE 4.3: PAVEMENT PROFILE DESIGN AND CONSTRUCTION RECOMMENDATIONS Minimum Undercut Depth 6 inches or as needed to remove roots Reuse Excavated Soils Free of roots and debris and meet material requirements of intended use Undercut Extent 2 feet beyond back of curb Exposed Subgrade Treatment Proof -roll with rubber -tired vehicle weighing at least 20 tons. A representative of the Geotechnical Engineer should be present during proof -roll. Proof -Rolled Pumping and Rutting Areas Excavate to firmer materials and replace with compacted general or select fill under direction of a representative of the Geotechnical Engineer General Fill Materials free of roots, debris, and other deleterious materials with a maximum rock size of 4 inches with a CBR greater than 3. This will be confirmed by CMT. Minimum General Fill Thickness As required to achieve grade Maximum General Fill Loose Lift Thickness 9 Inches Lime/Cement Treatment Performed in general accordance with TxDOT Item 260. Subgrade treated with lime should achieve a pH of 12.4 or greater. A lime series test should be performed at the time of construction after the pavement subgrade soils are established to determine the lime requirement. For estimating purposes, use 3% lime by dry weight. Sulfate testing should also be 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. RCC Mix Design Proposed RCC Mix Design should be reviewed by City of 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 Concrete Cement and Aggregates Cement: TxDOT Item 421. Aggregates: RCC Combined Aggregates Gradation for RCC Surface Course. Materials Passing the No. 40 Sieve should have a Plasticity Index of less than 4. PAGE 11 King's Landing Unit 1 Pavement Study (Rev 5) Corpus Christi, Texas P51 Project No: 03122159 July 11, 2022 Quality Control of RCC Pavements 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. 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. Placement of RCC Pavements The concrete batch plant should be within 30 minutes from point of placement. Production of RCC must be adequate to mitigate the potential of unplanned cold joints. The pavement should be placed and compacted as required by TxDOT Special Specification 3016. Compaction Testing of RCC Pavements ASTM C1040 - In -Place Density of Unhardened and Hardened Concrete, Including Roller Compacted 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. RCC Crack Control 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 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 Location Material Test Method for Density Determination Percent Compaction Optimum Moisture Content Testing Frequency Pavement Areas Scarified On -site Soil (Subgrade) ASTM D698 >_ 95% 0 to +4% 1 per 7,500 SF; min. 3 tests General Fill (Onsite Material) ASTM D698 >_ 95% 0 to +4% 1 per 10,000 SF; min. 3 per lift RCC Pavement ASTM D1557 > 95% --- Single Lift 1 per 500 CY or RCC Pavement ASTM 1170 > 98% Single Lift 1 per 500 CY PAGE 12 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 5.0 CONSTRUCTION CONSIDERATIONS PSI should be retained to provide observation and testing of construction activities involved in the earthwork, pavements and related activities of this project. PSI cannot accept any responsibility for any conditions which deviate from those described in this report, nor for the performance of the pavements if not engaged to also provide construction observation and materials testing for this project. The PSI geotechnical engineer of record should be retained to provide continuing geotechnical consulting services and construction document review, even if periodic on -call testing is contracted with PSI Construction Services. 5.1 INITIAL SITE PREPARATION CONSIDERATIONS 5.1.1 SUBGRADE PREPARATION FOR SITE WORK OUTSIDE PAVEMENT AREAS Grade adjustments outside of the pavement areas can be made using 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 Exposed Subgrade Treatment Proof -roll with rubber -tired vehicle weighing at least 20 tons. A representative of the Geotechnical Engineer should be present during proof -roll. Proof -Rolled Pumping and Rutting Areas Excavate to firmer materials and replace with compacted 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 Location Material Density Determination Percent Compaction Optimum Moisture Content Testing Frequency Outside of Pavement Areas General Fill ASTM D698 >_ 95% 0 to +4% 1 per 10,000 SF; min. 3 per lift 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS The soils encountered are sensitive to disturbances caused by construction traffic and changes in moisture content. During wet weather periods, increases in the moisture content of the soil can cause significant reduction in the soil strength and support capabilities. In addition, soils which become wet may be slow to dry and thus significantly retard the progress of grading and compaction activities. It will, therefore, be advantageous to perform earthwork, foundation, and construction activities during dry weather. Cn) PAGE 13 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 5.3 SULFATES EVALUATION As indicated previously, the pavement subgrade soils and imported embankment fills should be regularly screened for sulfates during construction. When soluble sulfates are detected above 500 ppm TxDOT Guidelines for Treatment of Sulfate Rich Soils shall be followed. TxDOT has identified mitigation procedures of sulfate bearing soils into three categories, Traditional Treatment, Modified Treatment, and an Alternative Treatment. The Contractor shall follow the mitigation procedures outlined above when high sulfate concentrations (above 3000 ppm) are encountered along the alignment. The amount of mellowing time and moisture content 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 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. P51 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. Cn) PAGE 14 King's Landing Unit 1 Pavement Study (Rev 5) P51 Project No: 03122159 Corpus Christi, Texas July 11, 2022 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. PAGE 15 King's Landing Unit 1 Pavement Study (Rev 5) PSI Project No: 03122159 Corpus Christi, Texas July 11, 2022 6.0 REPORT LIMITATIONS The recommendations submitted in this report are based on the available subsurface information obtained by PSI and design details furnished by the client for the proposed project. If there are 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 for the 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 1 Pavement Study to be constructed at CR 49 at FM 43 (Weber Road), Corpus Christi, Nueces County, Texas. PAGE 16 APPENDIX uitertek 810 South Padre Island Drive Corpus Christi, Texas 78416-2506 Office: (361) 854-4801 Site Vicinity Map King's Landing Unit 1 Pavement Study CR 49 at FM 43 (Weber Road) Corpus Christi, Nueces County, Texas PSI Project No.: 03122159 NOT TO SCALE Google Earth 2020 /N\ intMek 810 South Padre Island Drive Corpus Christi, Texas 78416-2506 Office: (361) 854-4801 Boring Location Map King's Landing Unit 1 Pavement Study CR 49 at FM 43 (Weber Road) Corpus Christi, Nueces County, Texas PSI Project No.: 03122159 NOT TO SCALE Google Earth 2020 /N\ GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-1 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.694402°,-97.488189° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U7 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark to light gray, very stiff wI- Dw cn ~ _z 00 35 40 40 % RETAINED #4 % PASSING #200 82 ors Z ~ H J U w 0 0 0 0 LIQUID LIMIT 76 PLASTIC LIMIT 31 45 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 Boring terminated at an approximate depth of 6 feet. PL WC LL f X f 20 40 60 X f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-2 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.693555°,-97.488160° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY (CH), gray, stiff to hard wI- Dw cn Z _ 00 39 36 33 % RETAINED #4 % PASSING #200 86 88 ors Z ~ H J U w -e 0 0 0 LIQUID LIMIT 84 PLASTIC LIMIT 33 51 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 g f COMPLETION DEPTH: 6.0 Feet DATE: 9/28/20-9/28/20 ankertek DEPTH TO GROUND WATER SEEPAGE (ft.): NONE ENCOUNTERED END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-3 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.694164°,-97.486943° H- w H- d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U7 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY (CH), tan and gray, very stiff wI- Dw cn ~ _z 00 39 40 37 % RETAINED #4 % PASSING #200 90 0 w 0 0 0 0 LIQUID LIMIT 86 PLASTIC LIMIT 28 58 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 PL WC LL f X f 20 40 60 P Boring terminated at an approximate depth of 6 feet. X f X f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-4 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.692707°,-97.486971° H- w H' d w 0 0 2 >- U7 w d 2 w SOIL DESCRIPTION Elevation: N/A wI- Dw cn ~ _z 00 % RETAINED #4 % PASSING #200 ors H d J U w 0 0 0 0 LIQUID LIMIT PLASTIC LIMIT O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 PL WC LL f X f 20 40 60 - 5- - 10- - 15- - 20- - 25— FAT CLAY with SAND (CH), gray, stiff to very stiff 34 40 80 FAT CLAY (CH), gray, very stiff 36 86 85 41 44 Boring terminated at an approximate depth of 6 feet. Xf f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-5 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.690883°,-97.486942° — 5 — 10 — 15 20 — 25 SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, stiff to very stiff FAT CLAY (CH), tan, very stiff wI- Dw cn Z _ 00 34 37 34 29 29 % RETAINED #4 % PASSING #200 77 83 88 ors LijU) Z d U w 0 0 0 LIQUID LIMIT 70 66 PLASTIC LIMIT 30 21 40 45 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 PL WC LL • X 20 40 60 FAT CLAY with SAND (CH), tan, very stiff 26 32 84 69 22 47 f f 1 Boring terminated at an approximate depth of 20 feet. 2.25 104 COMPLETION DEPTH: 20.0 Feet DATE: 9/25/20-9/25/20 ineerirk pst DEPTH TO GROUND WATER SEEPAGE (ft.): NONE ENCOUNTERED END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-6 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.689265°,-97.486913° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, very stiff wI- Dw cn ~ _z 00 29 30 26 % RETAINED #4 % PASSING #200 76 80 ors Z ~ H J U w -e 0 0 0 LIQUID LIMIT 67 PLASTIC LIMIT 28 39 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 I I � COMPLETION DEPTH: 6.0 Feet DATE: 9/28/20-9/28/20 ankertek DEPTH TO GROUND WATER SEEPAGE (ft.): NONE ENCOUNTERED END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-7 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.694120°,-97.485361° H- w H' d w 0 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A wI- Dw cn ~ _z 00 % RETAINED #4 % PASSING #200 ors ~u) Z H J 0 w 0 0 0 0 LIQUID LIMIT PLASTIC LIMIT O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 PL WC LL ▪ X 20 40 60 - 5- - 10- - 15- - 20- - 25— FAT CLAY with SAND (CH), dark to light gray, very stiff 41 37 38 76 89 33 56 f Boring terminated at an approximate depth of 6 feet. COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-8 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.693555°,-97.485724° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, very stiff to hard wI- Dw cn ~ _z 00 33 32 % RETAINED #4 % PASSING #200 78 ors d U w 0 0 0 0 LIQUID LIMIT 75 PLASTIC LIMIT 24 51 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY with SAND (CH), tan, very stiff 34 81 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 f f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED Kerb*, END OF DRILLING (ft.): None Observed pst DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-9 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.694159°,-97.483607° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark to light gray, very stiff wI- Dw cn ~ _z 00 36 39 36 % RETAINED #4 % PASSING #200 77 85 ors Z ~ H J U w 0 0 0 0 LIQUID LIMIT 74 PLASTIC LIMIT 30 44 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 bxl COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-10 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.693016°,-97.483549° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, very stiff wI- Dw cn ~ _z 00 35 32 % RETAINED #4 % PASSING #200 83 ors H d J U w 0 0 0 0 LIQUID LIMIT 83 PLASTIC LIMIT 32 51 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY with SAND (CH), tan, very stiff 27 79 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED Kerb*, END OF DRILLING (ft.): None Observed pst DELAYED WATER LEVEL (FT): N/A King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 BORING B-11 LOCATION: 27.691366°,-97.483994° DEPTH, FT. SYMBOL w J w O Q < SOIL DESCRIPTION Elevation: N/A MOISTURE CONTENT % RETAINED #4 % PASSING #200 SPT (N) & TCP (T) VALUES % REC %RQD LIQUID LIMIT PLASTIC LIMIT PLASTICITY INDEX Q HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 1 1 UNCONF. COMP. (TSF) UNIT DRY WT. LB/CU F PL WC LL 20 f 40 X 60 f _ _% FAT CLAY with SAND (CH), dark gray, very stiff to hard 31 30 72 70 29 41 2.75 105 j.. I / / ' / � — —� --� _ 5 LEAN CLAY with SAND (CL), light gray to tan, very stiff 21 26 33 80 85 43 20 23 ae 111 i. < * I: 1: --� — 10 li li Il 1 I --� � Z FAT CLAY with SAND (CH), tan, very stiff to hard 27 32 85 67 24 43 ;IC I II f — —/ 15 I i.. I *. I. ... 1 1 — —� 20 Boring terminated at an approximate depth of 20 feet. 25 COMPLE DATE: 9/25/20-9/25/20 neertec. pst ION DEPTH: 20.0 Feet DEPTH TO GROUND WATER SEEPAGE (ft.): NONE ENCOUNTERED END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-12 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.689265°,-97.483983° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U7 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, very stiff wI- Dw cn ~ _z 00 31 31 % RETAINED #4 % PASSING #200 73 ors H d J U w 0 0 0 0 LIQUID LIMIT 66 PLASTIC LIMIT 27 39 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY with SAND (CH), tan, very stiff 29 81 PL WC LL f X f 20 40 60 Boring terminated at an approximate depth of 6 feet. X COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED Kerb*, END OF DRILLING (ft.): None Observed pst DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-13 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.693641°, -97.482696° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 co co w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY (CH), light gray, very stiff to hard wI- Dw cn ~ _z 00 28 30 % RETAINED #4 % PASSING #200 85 ors H d J U w 0 0 0 LIQUID LIMIT 83 PLASTIC LIMIT 27 56 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY (CH), tan, hard 26 86 PL WC LL f X f 20 40 60 Boring terminated at an approximate depth of 6 feet. X f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-14 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.693684°,-97.480846° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 co co w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, hard wI- Dw cn ~ _z 00 26 29 % RETAINED #4 % PASSING #200 75 ors d U w 0 0 0 LIQUID LIMIT 83 PLASTIC LIMIT 32 51 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY wth SAND (CH), tan, hard 29 87 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 I f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED Kerb*, END OF DRILLING (ft.): None Observed pst DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-15 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.693684°,-97.479215° H- w H' d w 0 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A wI- Dw cn ~ _z 00 % RETAINED #4 % PASSING #200 ors H d J U w 0 0 0 LIQUID LIMIT PLASTIC LIMIT O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 PL WC LL • X 20 40 60 a 2 0u_ Z 0 Z - 5- - 10- - 15- - 20- - 25— FAT CLAY with SAND (CH), gray, very stiff 32 36 73 72 30 42 FAT CLAY with SAND (CH), tan and gray, very stiff 32 81 Boring terminated at an approximate depth of 6 feet. It Il. I UX f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-16 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.696498°,-97.479312° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 co co w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), gray, very stiff wI- Dw cn ~ _z 00 31 35 31 % RETAINED #4 % PASSING #200 82 81 0 w 0 0 0 LIQUID LIMIT 76 PLASTIC LIMIT 31 45 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-17 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.697176°,-97.482781° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY with SAND (CH), dark gray, very stiff to hard wI- Dw cn ~ _z 00 36 32 % RETAINED #4 % PASSING #200 78 ors H d J U w 0 0 0 0 LIQUID LIMIT 72 PLASTIC LIMIT 30 42 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY with SAND (CH), tan, very stiff 32 81 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED ankertek END OF DRILLING (ft.): None Observed DELAYED WATER LEVEL (FT): N/A GEO TESTS 0312-2159 - KING'S LANDING UNIT 1.GPJ RBENNETT GW.GDT 10/16/20 BORING B-18 King's Landing Unit 1 CR 49 at FM 43, Corpus Christi, Texas Project No. 0312-2159 LOCATION: 27.695365°,-97.482684° H- w H' d w 0 - 5- - 10- - 15- - 20- - 25— 0 2 >- U1 w d 2 w SOIL DESCRIPTION Elevation: N/A FAT CLAY (CH), gray, very stiff wI- Dw cn ~ _z 00 37 34 % RETAINED #4 % PASSING #200 85 Z d 0 w 0 0 0 0 LIQUID LIMIT 80 PLASTIC LIMIT 31 49 O HAND PEN (TSF) • UNC CMP (TSF) 2.0 4.0 6.0 FAT CLAY (CH), tan, very stiff 34 88 Boring terminated at an approximate depth of 6 feet. PL WC LL • X 20 40 60 f COMPLETION DEPTH: 6.0 Feet DEPTH TO GROUND WATER DATE: 9/28/20-9/28/20 SEEPAGE (ft.): NONE ENCOUNTERED Kerb*, END OF DRILLING (ft.): None Observed pst DELAYED WATER LEVEL (FT): N/A Symbol Key Sheet Material Symbols "FILL" \ Clay (CH) ® Sandy Clay (CL) �11`�� Silty Clay (CL)MS j Lean Clay (CL) Asphalt • Clayey Sand (SC) Sand (SP) ` Silty Sand (SM) Gravelly Sand (SP) ..4...4 . Base I�q ; �; 1�1t Clayey Silt (ML) ill Sandy Silt (ML) 1111 Silt (ML) ills Gravelly Silt (ML) Concrete Clayey Gravel (GC) :l.; Sandy Gravel (GP) IN Silty Gravel (GM) I . iv Gravel (GP or GW) I kmCf)Conglomerate Limestone =_ Marl Sandstone Shale Strength of Cohesive Soils Undrained Shear Consistency Strength, KSF Soil Plasticity Degree of Plasticity Plasticity Index (PI) Density of Granular Soils SPT Blow Descriptive Term Count (blows/ft) Very Soft less than 0.25 Soft 0.25 to 0.50 Firm 0.50 to 1.00 Stiff 1.00 to 2.00 Very Stiff 2.00 to 4.00 Hard greater than 4.00 Very Loose less than 4 Loose 4 to 10 Medium Dense 10 to 30 Dense 30 to 50 Very Dense more than 50 None 0 to 5 Low 5 to 10 Moderate 10 to 20 Plastic 20 to 40 Highly Plastic more than 40 Standard Penetration Test (ASTM D 1586) Driving Record Note: Driving is limited to 50 blows per interval, or 25 blows for 0.25 inch advancement, whichever controls. This is done to avoid damaging sampling tools. Blows Per Foot Description 25 Sampler was seated 6 inches, then 25 blows were required to advance the sampler 12 inches. 75/8" Sampler was seated 6 inches, 25 blows were required for the second 6 inch increment and the 50 blow limit was reached at 2 inches of the last increment. Ref/2" Sampler could only be driven 2 inches of the 6 inch seating penetration before the 50 blow limit was reached. Terms Characterizing Structure Soil Terms Description Blocky Contains cracks or failure planes resulting in rough cubes of material. Calcareous Contains appreciable quantities of calcium carbonate. Fissured Contains shrinkage cracks, which are frequently filled with fine sand or silt. The fissures are usually near vertical in orientation. Interbedded Composed of alternating layers of different soil types. Laminated Composed of thin layers of varying color and texture. Nodules Secondary inclusions that appear as small lumps about 0.1 to 0.3 inch in diameter. Partings Inclusion of different material less than 1/8 inch thick extending through the sample. Pockets Inclusion of different material that is smaller than the diameter of the sample. Seams Inclusion of different material between 1/8 and 3 inches thick, and extends through the sample. Slickensided Has inclined planes of weakness that are slick and glossy in appearance. Slickensides are commonly thought to be randomly oriented. Streaks or Stains Stains of limited extent that appear as short stripes, spots or blotches. Rock Terms Bedding Plane A surface parallel to the surface of deposition, generally marked by changes in color or grain size. Fracture A natural break in rock along which no displacement has occurred. Joint A natural break along which no displacement has occurred, and which generally intersects primary surfaces. % Recovery The ratio of total length of recovery to the total length of core run, expressed as a percentage. RQD - Rock Quality The ratio of total recovered length of fragments longer than 4 inches to the total run length, expressed Designation as a percentage. Weathering The process by which rock is broken down and decomposed. • Flight Auger Core Barrel I A Disturbed Shelby Tube (3") Sampler \ Symbols No Recovery G Grab Sample Undisturbed Shelby Tube (3") XSPT Sample AASHTO Pavement Section Calculations — King's Landing Unit 1 Project Name Kings Landing Unit 1 - Residential Street Provide By: DB Date: 7/11/2022 ESAL W18 = 2,019,993 R= 70 ZR = So = t= po = pt = Sic = J Cd = Ec = k 'c = - 0.524 0.39 7 4.5 2.5 680 3.2 1 5,000,000 125 4,000 Pass inches psi psi pci psi Project Name Kings Landing Unit 1 - Residential Collector Provide By: DB Date: 7/11/2022 ESAL W18 1,765,427 R 75 ZR = So = t= po = pt Sic = J Cd = Ec = k= — c- Project Name Kings Landing Unit 1 - Local Street Provide By: DB Date: 7/11/2022 ESAL W18 = R= ZR = So = t= P pt = Sic = J Cd = Ec = k= 'c = 1,519,567 80 - 0.841 0.39 7 4.5 2.5 680 3.2 1 5,000,000 125 4,000 Pass inches psi psi pci psi - 0.674 0.39 7 4.5 2.5 680 3.2 1 5,000,000 125 4,000 Project Name Kings Landing Unit 1 - Collector - C3 Provide By: DB Date: 7/11/2022 ESAL W18 = 2,232,073 R= 90 ZR = So = t= po = pt = Sic = J Cd = Ec = k= — c- - 1.282 0.39 8 4.5 2.5 680 3.2 1 5,000,000 125 4,000 Pass inches psi psi pci psi Pass inches psi psi pci psi 3016 Special Specification 3016 Roller Compacted Concrete joTexas Department f Transportation 1. DESCRIPTION Construct roller compacted concrete (RCC) pavement. RCC will provide the final riding surface unless shown on the plans as base course where it will be covered with one or more lifts of asphalt concrete pavement. This specification references select Sections in Items 360, 420, and 421 of the Texas Department of Transportation's Standard Specifications for Construction and Maintenance for Highways, Streets, and Bridges incorporating current Texas Department of Transportation required special provisions to the Items. Contractor must comply with Item 360, "Concrete Pavement" unless otherwise specified herein. 2. MATERIALS Furnish materials in accordance with Section 421.2, "Materials" of Item 421, "Hydraulic Cement Concrete" and meet requirements of the following: 2.1. Aggregate. Meet the requirements of Section 421.2.6, "Aggregate" except for gradation and additional requirements shown below. For aggregate, use a well -graded aggregate and conforming to one of the combined gradation(s) shown in Table 1. Tablet RCC Combined Aaareaate Gradation Sieve Size RCC Surface Course - Percent Passing by Weight RCC Base/Subbase Course - Percent Passing by Weight 1" 100 100 3/4" 100 90-100 1/2" 70-90 70-90 3/8" 60-85 60-85 #4 40-60 40-60 #16 20-40 20-40 #100 6-18 0-10 #200 0-8 The surface course gradation may be used for a RCC base/subbase course. The base/subbase gradation is not allowed for a surface course mix. The maximum Plasticity Index (PI) for materials passing the #40 sieve is four (4). The use of recycled crushed hydraulic cement concrete as a coarse or fine aggregate is allowed. Limit recycled crushed concrete fine aggregate to a maximum of 20% of the fine aggregate. 2.2. RCC Mix Design. Design the RCC mix to meet Sections 421.4.2, "Mix Design Proportioning" and 421.4.3, "Concrete Trial Batches" except for the following; • The requirements of Table 8 in Item 421 do not apply to RCC; • The requirements of Table 9 along with all requirements for slump, and mix design options in Item 421 do not apply to RCC. The mix shall be stiff enough to support the compaction equipment and while containing adequate cement paste, evenly distributed, to achieve the required strengths. • The use of Type III cement or accelerators is not allowed unless field demonstrated to allow adequate time for placement and compaction and approved by the Engineer. • Develop design strength in accordance with the following procedure: 1 - 10 03-15 OTU 3016 1. Select Aggregates meeting the requirements of Section 2.1,"Aggregate" 2. Select a minimum of three cementitious contents. (Select the cementitious contents such that one content will be at an estimated optimum content, a minimum of one additional content below estimated optimum and a minimum of one above estimated optimum) 3. Determine the optimum moisture content for each cementitious content in accordance with ASTM D 1557, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort." 4. Cast three samples at optimum moisture content for each cementitious content in accordance with ASTM C 1435, "Standard Practice for Molding Roller -Compacted Concrete in Cylinder Molds Using a Vibrating Hammer." 5. Unless otherwise approved, test all specimens cast for compressive strength in accordance with Tex- 418-A at 28 days. Plot the obtained compressive strengths (psi) with their cementitious contents (%). Determine the optimum cementitious content to have a minimum compressive strength of 4,000 psi at 28 days. 6. If the determined optimum cementitious content varies significantly from all cementitious contents used for specimens, determine the optimum moisture content in accordance with ASTM D1557 at the determined optimum cementitious content, recast three specimens in accordance with ASTM C 1435, and test recast specimens with Tex-418-A to verify the compressive strength. 2.3. Curing Compound. Provide Type 2 membrane curing compound conforming to DMS 4650, "Hydraulic Cement Concrete Curing Materials and Evaporation Retardants." Provide SS 1 emulsified asphalt conforming to Item 300, "Asphalts, Oils, and Emulsions," for RCC pavement to be overlaid with asphalt concrete under this Contract unless otherwise shown on the plans or approved. 3. EQUIPMENT Construct roller compacted concrete with any combination of equipment that will produce a completed pavement meeting the requirements for mixing, transporting, placing, compacting, finishing, and curing and in accordance with this specification. Meet the requirements of Section 421.3, "Equipment" except as follows. The mixing equipment will only include the Pugmill and Central -Mixed. All equipment shall allow for the following requirements to insure quality production. • Inspection of Equipment. Before start-up, the Contractor's equipment will be carefully inspected. Should any of the equipment fail to operate properly, cease work until the deficiencies are corrected. • Access for Inspection and Calibration. Provide the Engineer or their representative access at all times for any plant, equipment, or machinery to be used in order to check calibration, scales, controls, or operating adjustments. • Measurement of Materials. Meet the requirements of 421.4.5, "Measurement of Materials," except that Section 4.4.2, Table 2, "Tolerances for Mixture Ingredients" applies. 3.1. Mixing Plant. Locate the mixing plant within a thirty -minute haul time from the point of RCC placement. Use only plants capable of producing an RCC pavement mixture in the proportions defined by the final approved mix design and within the specified tolerances. The capacity of the plant must be sufficient to produce a uniform mixture at a rate compatible with the placement equipment. If the plant is unable to produce material at a rate adequate to prevent unnecessary cold joints and frequent paver stoppages, the Engineer may halt production until such time that a plant of appropriate capacity is used. Provide and operate plants in accordance with the requirements here and Section 421.4.6, "Mixing and Delivering Concrete." 3.1.1. Pugmill Plant. Use only pugmill plants of the central plant type with a twin -shaft mixer, capable of batch or continuous mixing, equipped with synchronized metering devices and feeders to maintain the correct 2 - 10 03-15 OTU 3016 proportions of aggregate, cement, pozzolan, water and chemical admixtures, capable of producing a uniform mixture. Other pugmill plant requirements are as follows: • Aggregate Storage. If previously blended aggregate is furnished, storage may be in a stockpile from which it is fed directly to a conveyor feeding the mixer. If aggregate is furnished in two size groups, follow proper stockpiling techniques to ensure aggregate separation. • Aggregate Feed Rate. Use aggregate bins with a feed rate controlled by a variable speed belt, or an operable gate calibrated to accurately deliver any specified quantity of material. If two aggregate size stockpile sources are used, the feed rate from each bin must be readily adjustable to change aggregate proportions, when required. Feed rate controls must maintain the established proportions of aggregate from each stockpile bin when the combined aggregate delivery is increased or decreased. • Cement and Pozzolan Material Storage. Supply separate and independent storage silos for portland cement and pozzolan. • Preblended Portland Cement and Pozzolan. If using on -site preblended portland cement and pozzolan (such as fly ash or slag), employ blending equipment acceptable to the Engineer and demonstrate, with a testing plan, the ability to successfully produce a uniform blended material meeting the mix design requirements. Perform testing on at least a daily basis to ensure both uniformity and proper quantities. • Cement and Pozzolan Feed Unit. Provide a satisfactory means of dispensing portland cement and pozzolan, volumetrically or by weight, to ensure a uniform and accurate quantity of cementitious material enters the mixer. • Water Control Unit. Use a water control unit capable of measuring the required amount of water for the approved mix by weight or volume. Ensure that the unit is equipped with an accurate metering device. Vary the amount of water to be used only with the approval of the Engineer. • Gob Hopper. For continuous operating pugmills, provide a gob hopper attached to the end of the final discharge belt to temporarily hold the RCC discharge in order to allow the plant to operate continuously. 3.1.2. Central Mixed Rotary Drum. Provide a rotary drum batch mixer capable of producing a homogeneous mixture, uniform in color, and having all coarse aggregate coated with mortar. Equip the mixer with batching equipment to meet the following requirements; • Weighing Equipment. Measure the amounts of cement, pozzolan, and aggregate entering into each batch of RCC by direct weighing equipment. Use only weighing equipment that is readily adjustable in order to compensate for the moisture content of the aggregate or to change the proportionate batch weights. Include a visible dial or equally suitable device that will accurately register the scale load from zero to full capacity. The cement and pozzolan may be weighed separately or cumulatively in the same hopper on the same scale, provided the cement is weighed first. • Weigh Hoppers. Use only bulk cement and pozzolan weigh hoppers that are equipped with vibrators to operate automatically and continuously while weighing hoppers are being dumped. Ensure that the weigh hopper has sufficient capacity to hold not less than 10 percent in excess of the cementitious material required for one batch. • Water Metering. Measure the amount of water entering each batch of RCC by weight or volume. Use only equipment capable of measuring the water to within a tolerance of plus or minus one percent and equipped with an accurate gauge or dial measuring device. Vary the amount of water to be used only with the approval of the Engineer. During batching, admit water to the mixer only through the water measuring device and then only at the time of charging. • Mixing Time. Use only drum mixers equipped with an accurate clock or timing device, capable of being locked, for visibly indicating the time of mixing after all the materials, including the water, are in the mixer. • Recharging. Discharge all material in the drum before recharging. Ensure that the volume of mixed material per batch does not exceed the manufacturer's rated capacity of the mixer. 3 - 10 03-15 OTU 3016 3.1.3. Alternate Plants. Obtain approval from the Engineer to use other type plants. Demonstrate that the mixing equipment has the ability to produce a consistent, well -blended, non -segregated RCC mix meeting capacity requirements and tolerances of this specification. Meet the requirements of Section 421.4.6, "Mixing and Delivering Concrete." 3.2. Paver. Place RCC with an asphalt -type paver manufactured with a high -density screed subject to approval by the Engineer. Use only pavers equipped with compacting devices capable of producing an RCC pavement with a minimum of 90 percent of the maximum density in accordance with Tex-451-A (ASTM C 1040, "Standard Test Methods for In -Place Density of Unhardened and Hardened Concrete, including Roller Compacted Concrete, By Nuclear Methods") prior to any additional compaction. Ensure that the paver is of suitable weight and stability to spread and finish the RCC material, without segregation, to the required thickness, smoothness, surface texture, cross-section, and grade. 3.3. Compactors. Use self-propelled steel drum vibratory rollers having a minimum static weight of 10 tons for primary compaction. For final compaction, use either a steel drum roller, operated in a static mode, or a rubber -tired (pneumatic) roller of equal or greater weight. Use walk -behind vibratory rollers or plate tampers for compacting areas inaccessible to large rollers. 3.4. Haul Trucks. Use trucks for hauling the RCC material from the plant to the paver fitted and equipped with retractable protective covers for protection from inclement weather or excessive evaporation. To ensure adequate and continuous supply of RCC material to the paver, have a sufficient number of trucks. If the number of trucks is inadequate to prevent frequent starts and stops of the paver, cease production until additional trucks are obtained. 3.5. Water Trucks. Keep at least one water truck, or other similar equipment, on -site and available for use throughout the paving and curing process. Equip such equipment with a spreader pipe containing fog spray nozzles capable of evenly applying a fine spray of water to the surface of the RCC without damaging the final surface. 4. CONSTRUCTION REQUIREMENTS. 4.1. Submittals for Proposed RCC Mix Design and Paving/Jointing Plan 4.1.1. Proposed RCC Mix Design. Submit a proposed mix design to the Engineer for review. If accepted by the Engineer, prepare and test a trial batch mixture at the Contractor's facilities to verify that the design criteria for strength are met in accordance with 421.4.3, "Concrete Trial Batches." Perform batch mixture preparation and testing in the presence of representatives of the Engineer. Make no production until the mix design has been reviewed and the Engineer has given authorization to proceed. 4.1.2. Proposed Paving/Jointing Plan. Submit a paving plan that includes paving sequence, hand pour areas, locations of cold joints, transverse contraction joints, and joints at structures. Use following guides when develop the Paving/Jointing Plan. • Avoid odd -shaped RCC slabs • Avoid joint intersection angles less than 60° • Space transverse contraction joints at 20 ft. spacing • Saw cut the transverse contraction joint through the curb when RCC has curb. • Appropriately make field adjustment for joint locations to meet the inlets and manholes 4.2. Storage of Materials. Meet the requirements of 421.2.8, "Storage of Materials." 4.3. Sampling and Testing of Concrete. Unless otherwise specified, all fresh and hardened concrete is subject to testing as follows: 4.3.1. Sampling Fresh Concrete. Provide all material to be tested. Fresh concrete will be sampled for testing at the discharge end if using belt conveyors or pumps. When it is impractical to sample at the discharge end, a 4 - 10 03-15 OTU 3016 sample will be taken at the time of discharge from the delivery equipment and correlation testing will be performed and documented to ensure specification requirements are met at the discharge end. 4.3.2. Testing of Fresh Concrete. • Temperature. Tex-422-A. • In -Place Field Density Testing. Tex-451-A (ASTM C-1040) • Making and Curing Strength Specimens. ASTM C-1435 and ASTM C-31 (for cast -in -place concrete). 4.3.3. Testing of Hardened Concrete. Only compressive strength testing in accordance with Tex-418-A will be used unless otherwise specified or shown on the plans. 4.3.4. Quality Control Test Specimens. For each day's production, up to 1500 cubic yards of mix produced, prepare at least two sets of test specimens in accordance with ASTM C-1435 and ASTM C-31 under the direct observation of the Engineer or Engineer's representative. A set of specimens consists of three cylinders. Make an additional two sets for each additional 1500 cubic yards or fraction thereof. Cure and transport the specimens to the Contractor's curing tank. The Engineer will test two cylinders for compressive strength in accordance with Tex-418-a at 7 days. If the measured compressive strength between two cylinders varies by more than 10 percent of the stronger cylinder, the Engineer will test the third cylinder and average the results of the three cylinders. Otherwise, the Engineer will average the measured compressive strengths of the two cylinders tested at 28 days to determine the compressive strength of the lot. The Engineer may adjust compressive strength targets at 7 days as production continues based on field experience. 4.4. Mixing Process. Use the same mixture for the entire project unless otherwise stated in the project documents. If, during production, the source of hydraulic cement, pozzolan, or aggregates is changed, then suspend production and submit a new mix design to the Engineer for approval. Do not exceed the manufacturer's rated capacity for dry concrete mixtures in the mixing chamber. Keep the sides of the mixer and mixer blades free of hardened RCC or other buildups. Routinely check mixer blades for wear and replace if wear is sufficient to cause inadequate mixing. 4.4.1. Mixing Time. Use a mixing time adequate to ensure a thorough and complete mixing of all materials. Do not allow the mixing time, after all materials including water are in the mixer, to be less than 1'/2 minutes for one cubic yard and 20 seconds for each additional cubic yard. 4.4.2. Mixture Ingredient Tolerances. Measure mixing water, consisting of water added to the batch, ice added to the batch, water occurring as surface moisture on the aggregates, and water introduced in the form of admixtures, by volume or weight. Measure ice by weight. Correct batch weight measurements for moisture. Ensure that the mixing plant receives the quantities of individual ingredients to within the tolerances shown in Table 2. Table 2 Tolerances for Mixture Ingredients Material Variation Cementitious Materials, wt. ± 2.0% Water, wt or volume ± 3.0% Aggregates, wt ± 4.0% Admixtures, wt. or volume ± 3.0% 4.4.3. Plant Calibration. Prior to commencement of RCC production, carry out a complete and comprehensive calibration of the plant in accordance with the manufacturers recommended practice. Provide all scales, containers, and other items necessary to complete the calibration. For volumetric mixers, provide test data showing mixers meet the uniformity test requirements of Tex-472-A. 5 - 10 03-15 OTU 3016 4.4.4. Daily Reports. Supply daily plant records of production and quantities of materials used that day to the Engineer. These records may be used as a check on plant calibration. 4.5. Transportation. Transport the RCC pavement material from the plant to the areas to be paved in dump trucks equipped with retractable protective covers for protection from rain or excessive evaporation. Ensure that the trucks are dumped clean with no buildup or hanging of RCC material in the corners. Have the dump trucks deposit the RCC material directly into the hopper of the paver or into a secondary material distribution system that deposits the material into the paver hopper. Dump truck delivery must be timed and scheduled so that RCC material is spread and compacted within the specified time limits. 4.6. Placing. 4.6.1. Subbase Condition. Prior to RCC placement, meet the requirements of the pertinent Item for the underlying layer and ensure that the surface of the subbase is clean and free of foreign material, ponded water, and frost. Ensure that the subbase is uniformly moist at the time of RCC placement. If sprinkling of water is required to remoisten certain areas, ensure that the method of sprinkling will not form mud or pools of freestanding water. 4.6.2. Weather Conditions. • Cold Weather Precautions. Meet the requirements of Section 360.4.7.3, "Temperature Restrictions." • Hot Weather Precautions. During periods of hot weather or windy conditions, take special precautions to minimize moisture loss due to evaporation. Cooling of aggregate stockpiles by shading or the use of a fine mist may be required. Protective covers may be required on dump trucks. Keep the surface of the newly placed RCC pavement continuously moist. • Rain Limitations. Conduct no placement of RCC pavement during rain conditions sufficient to be detrimental to the finished product. Placement may continue during light rain or mists provided the surface of the RCC pavement is not eroded or damaged in any way. Use dump truck covers during these periods. The Engineer may suspend paving when, in the Engineer's judgment, the rain is detrimental to the finished product. 4.6.3. Paver Requirements. Place all RCC with an approved paver in accordance with in Section 3.2, "Paver" and the following: • Filling the Paver. Do not allow the quantity of RCC material in the paver to approach empty between loads. Maintain the material above the auger at all times during paving. Material transfer devices are allowed at the option of the contractor. • Stopping the Paver. Ensure that the paver proceeds in a steady, continuous operation with minimal starts and stops, except to begin a new lane. Maximum paver speed during laydown is 10 feet per minute. Higher paver speeds may be allowed at the discretion of the Engineer if the higher speeds may be obtained without distress to the final product or cause additional starts and stops. • Surface Condition. Ensure that the surface of the RCC pavement is smooth, uniform, and continuous without excessive tears, ridges, or aggregate segregation once it leaves the paver. 4.6.4. Inaccessible/Transition Areas. When approved by the Engineer, inaccessible areas to either the rollers or the paver, or other areas such as transitions may be paved with cast -in -place concrete in accordance with the requirements of Item 360 and CPCD-14 standard sheet or as shown in the plans. 4.6.5. Adjacent Lane Pavement. Place adjacent paving lanes within 60 minutes. If more than 60 minutes elapses between placement of adjacent lanes, the vertical joint must be considered a cold joint and prepared in accordance with Section 4.8.2, "Cold Vertical Joints". At the discretion of the Engineer, this time may be increased or decreased depending on ambient conditions of temperature, wind, and humidity. Multiple pavers may be used in tandem to reduce the occurrence of cold joints. 6 - 10 03-15 OTU 3016 4.6.6. Hand Spreading. Broadcasting or fanning the RCC material across areas being compacted is not permissible. Such additions of materials may only be done immediately behind the paver and before any compaction has taken place. Remove segregated coarse aggregate from the surface before rolling. 4.6.7. Segregation. Suspend placement if segregation occurs in the RCC during paving operations until the cause is determined and corrected to the satisfaction of the Engineer. If the segregation is judged by the Engineer to be severe, remove and replace the segregated area at no additional cost to the Department. 4.7. Compaction. 4.7.1. Time to Compaction. Ensure that compaction begins with the placement process and is completed within 60 minutes of the start of the mixing at the plant and in compliance with the previously submitted paving plan. The time may be increased or decreased at the discretion of the Engineer depending on ambient conditions of temperature and humidity and the use of chemical admixtures. Do not delay rolling unless approved by the Engineer. 4.7.2. Rolling. Establish the sequence and number of passes by vibratory and non -vibratory rollers to obtain the specified density and surface finish. Only operate rollers in the vibratory mode while in motion. Rubber -tire rollers may be used for final compaction. Use additional rollers if specific density requirements are not obtained or if placing operations outpace the rolling operations. 4.7.3. Rolling Longitudinal and Transverse Joints. Do not operate the roller within 2 feet of the edge of a freshly placed lane until the adjacent lane is placed. Upon placement, roll both edges of the lanes simultaneously within the allowable time. If a cold joint is planned or expected, roll the complete lane and follow cold joint procedures as specified in Section 4.8.2, "Cold Vertical Joints" . 4.7.4. Inaccessible Areas. Compact areas inaccessible to large rollers using walk -behind rollers or hand tampers. 4.7.5. Density Requirements. Perform field density tests at a frequency of 2 for 1500 cubic yards placed as soon as possible, but no later than 30 minutes after the completion of the rolling. Only wet density is used for evaluation. The required minimum density is 98 percent of the maximum laboratory density obtained according to Tex-451-A (ASTM C 1040). The in -place density and moisture content may be determined with a nuclear moisture -density gauge. Calibrate the gauge for moisture content at the beginning of the work and at any time during the work. RCC properly placed and compacted, but not meeting the density requirements, shall be cored and tested at the Contractor's expense. If the tested area achieves 28-day design strength, it will be paid at the full unit price. If the tested area indicates strength less than 4,000 psi but greater than 3,650 psi, payment will be made in accordance with Table 3. If the cores indicate strengths less than 3,650 psi at 28 days or longer, the Department will evaluate the results and may reject the affected area and require removal and replacement or elect to pay at an appropriate reduced rate. The Engineer may allow areas with strengths less than 3,650 psi to remain in place with no pay. The area for pay adjustment will be determined by the Engineer and may be further defined by their direction for additional cores. Table 3 Price Reduction Compressive Strength (psi) Price Reduction (percent of unit bid price) 3999-3800 5 3799-3650 15 4.8. Joints. Multiple pavers may be used in tandem to reduce the occurrence of cold joints. 7 - 10 03-15 OTU 3016 4.8.1. Fresh Vertical Joints. A joint is considered a fresh joint when an adjacent RCC lane is placed within 60 minutes of placing the previous lane or as specified by the Engineer based on ambient conditions. The time may be increased or decreased at the discretion of the Engineer depending on ambient conditions of temperature and humidity and the use of chemical admixtures. Other than rolling procedures, fresh joints do not require special treatment. 4.8.2. Cold Vertical Joints. Any planned or unplanned construction joints that do not qualify as fresh joints are considered cold joints. Prior to placing fresh RCC mixture against a compacted cold vertical joint, thoroughly clean the cold joint of loose or foreign material. Wet the vertical joint face and maintain it in a moist condition immediately prior to placement of the adjacent lane. For uncompacted surfaces or slopes more than 15 degrees from the vertical, cut the joint vertically for the full depth. Within 2 hours of final compaction, the edge of a cold joint may be cut with approved mechanical equipment. For edges cut after 2 hours, saw -cut to the full depth of the pavement. Demonstrate any modification or substitution of the saw -cutting procedure to the Engineer for approval prior to use. In no case allow cutting of the edge to cause raveling or tearing of the surface. Moisten the cut edge immediately prior to placement of the adjacent lane. For all longitudinal cold joints, route the joint'/4 inch wide and seal in accordance with Section 360.2.7, "Joint Sealants and Fillers." 4.8.3. RCC Pavement Joints at Structures. Line structures such as manholes, valves, or concrete curb and gutter with preformed joint filler in accordance with DMS-6310, "Joint Sealants and Fillers" for Class 6 Preformed Seals. Provide preformed joint fillers with a thickness equal to the width of the joint required and furnish in lengths equal to the width of the slabs in which they are installed. Use preformed joint filler shaped so that, after installation, the upper and lower surfaces conform to the shape of the slab and subbase surfaces. Position the lower surface of the preformed joint filler on or below the surface of the base while the upper surface is % inch below the surface of the slab unless otherwise specified. 4.8.4. Control Joints. Construct transverse contraction joints in the RCC pavement by sawing. Green -cut shall be utilized as soon as possible behind the rolling operation to prevent random cracking, typically one (1) to four (4) hours. Cut all joints to 1/4 the depth of the RCC pavement to a single saw blade width. Joints should be spaced at intervals of 20 ft for all pavement thicknesses and follow the guides in Section 4.1.2. Control joints shall be sealed in accordance with Section 360.2.7, "Joint Sealants and Fillers." 4.9. Multi -lift Placements. Do not exceed 60 minutes between the start of moist mixing and the end of compaction of any load of RCC in multi -layer construction. Where two or more layers are to be constructed consecutively, do not exceed 120 minutes between the start of moist mixing of the material for the bottom layer and completion of finish, grading, and compaction of the top layer. Grading or operating graders, compacting, or finishing is not allowed after the specified times have elapsed, however, the time may be increased or decreased at the discretion of the Engineer depending on ambient conditions of temperature and humidity and the use of chemical admixtures. Multiple pavers may be used in tandem to reduce the occurrence of cold joints. Keep the surface of the underlying layers moist by fog -spray until covered by the next layer. 4.10. Finishing. Ensure that the finished surface of the RCC pavement, when tested with a 10-foot straightedge or crown surface template, does not vary from the straightedge or template by more than 1/4 inch at any one point and shall be within 5/8 inch of the specified finished grade. When surface irregularities are outside these tolerances, diamond -grind the surface to meet the tolerance. Corrective measures are at the Contractor's cost and will not be reimbursed. For final surfaces, provide a uniform diamond grind texture on all areas under traffic prior to opening to traffic. Target a diamond grind texture of 0.04 in. as measured by Tex-436-A. Correct any location with a texture less than 0.03 in. by performing additional diamond grinding. 8 - 10 03-15 OTU 3016 For surfaces where an overlay is the final riding surface, unless otherwise directed, correct grade deviations greater than 1/2 in. in 16 ft. measured longitudinally or greater than 1/2 in. over the entire width of the cross- section. 4.11. Curing. Immediately after final rolling and compaction testing, keep the surface of the RCC pavement continuously moist until an approved curing compound, a suitable prime coat, or a layer of asphalt concrete is applied or for 72 hours after placement, whichever comes first. Apply water cure by water trucks equipped with fog spray nozzles, soaking hoses, sprinkling system, or other means such that a uniform moist condition on the surface of the RCC is ensured. Apply this moisture in a manner that will not erode or damage the surface of the finished RCC pavement. Use either water cure or curing compound methods in Sections 4.11. 1 and 4.11.2 . 4.11.1. Water Cure. The use of wet mat curing is allowed in accordance with Section 420.4.10. "Curing Concrete" using interim Type 1-D curing compound and wet mats. 4.11.2. Curing Compound. Do not use curing compounds when the RCC material is to be promptly covered with asphalt. Apply curing compound conforming to DMS-4650, "Hydraulic Cement Concrete Curing Materials and Evaporation Retardants" in accordance with Section 360.4.9, "Curing" with the exception of application will be prior to texturing. Provide SS-1 emulsified asphalt conforming to Item 300, "Asphalts, Oils, and Emulsions," for concrete pavement to be overlaid with asphalt concrete under this Contract unless otherwise shown on the plans or approved. Do not use emulsified asphalt when the RCC is the final surface. 4.12. Opening to Traffic. Protect the RCC from vehicular traffic during the curing period. Completed portions of the RCC pavement may be opened to light construction traffic as soon as the strength is sufficient to prevent visible damage to the RCC but no sooner than 24 hours. Water trucks will be allowed on the surface after compaction for the purposes of maintaining moisture. The pavement may be opened to unrestricted traffic after 72 hours and when the strength exceeds 2,500 psi. However, if the temperature drops below 40° F, then the period of time the temperature is below 40° F will be added to the minimum time to opening. Temperature will be based on the hourly ambient air temperature reported by the nearest National Weather Service station. 4.13. Maintenance. Maintain the RCC pavement in good condition until all work is completed and accepted at no additional cost to the Department. 4.14. Thickness and Thickness Tolerance. Provide and operate equipment capable of extracting a small (approximately 1 inch diameter or greater) core to determine the pavement thickness. Extract samples in the presence of the Engineer or Engineer's representative unless otherwise directed. Repair the core holes using a packaged quick set repair mortar such as SikaQuick 1000 or approved equivalent or a Class 4000 or better ready mix concrete. Rod and neatly strike off the repair material. Measure the thickness in the travel lanes of the completed RCC at staggered intervals not to exceed 500 feet in length for two-lane roads. Measure the core to the nearest 0.10 inch at three different, evenly spaced locations and record the average. Where the RCC is deficient in depth by more than 0.75 inch, take an additional core within 3 feet of the original core. If the average of the 2 cores is in excess of 0.75 inches, correct the area by removal and replacement. The extent of the area of correction will be determined by the Engineer and may be further defined by their direction for additional cores. The Engineer may allow areas in excess of 0.75 inches deficient to remain in place with no pay. Where the thickness of a core shows to be deficient by more than 0.2 inches but 0.75 inches or less, a pay adjustment will be made in accordance with Section 6, "Payment" and Table 4. The area for pay adjustment will be determined by the Engineer and may be further defined by their direction for additional cores. 9 - 10 03-15 OTU 3016 Table 4 Deficient Thickness Price Adjustment Factor Deficiency in Thickness Determined by Cores (in.) Proportional Part of Contract Price Allowed (adjustment factor) Not deficient 1.00 Over 0.00 through 0.20 1.00 Over 0.20 through 0.30 0.80 Over 0.30 through 0.40 0.72 Over 0.40 through 0.50 0.68 Over 0.50 through 0.75 0.57 4.15. Ride Quality. Unless otherwise shown on plans, measure the ride quality in accordance with Item 585, "Ride Quality for Pavement Surfaces," Surface Test Type B, with Pay Adjustment Schedule 2. 5. MEASUREMENT RCC will be measured by the square yard completed and accepted in place. Pavement constructed outside the area designated to be paved will be not be measured for payment. 6. PAYMENT RCC will be paid for at the unit price for RCC Pavement, of the thickness specified, which price and payment will be full compensation for furnishing all materials, equipment, tools, labor, and incidentals necessary to satisfactorily complete the work. Pavement that is deficient in thickness addressed in Section 4.14, "Thickness and Thickness Tolerance" and density/strength deficiencies addressed in Section 4.7.5, "Density Requirements," but is permitted to be left in place, will be paid at the reduced unit price as provided in Tables 3 and 4 or no pay in accordance with this Item. No compensation will be made for the materials or labor involved in the removal or replacement of defective material and for diamond grinding or other corrective measures to meet requirements. Cast -in -place concrete placed in areas as allowed under Section 4.6.4., Inaccessible/Transition Areas, will be paid as roller compacted concrete. Concrete curbs required will be for paid for under Item 529, "Concrete Curb, Gutter, and Combined Curb and Gutter." 10 - 10 03-15 OTU A COMPLETE BUILDING SOLUTION intertek • i Everything you need from start to finish -Assurance, Testing, Inspection, and Certification Decommissioning & Due Diligence Supporting the redevelopment and transfer of property assets via environmental and property assessments and engineering services. Property Management Support Services Providing a variety of building systems testing, inspection, and consulting services to optimize the value and life of the property asset. Mock -Up & Field Testing On -site (air infiltration, water leakage, and structural performance for fenestration) or in lab validation of a curtain wall's design, workmanship, and material selection to ensure its performance. Environmental Consulting & Geotechnical Services Assuring site and subsurface conditions meet the criteria for purchase, development and construction. Building Enclosure Commissioning Design and construction professionals provide solutions to reduce the potential for premature building failure, increase a building's energy efficiency, and expected life cycle. Building Systems Consulting Industry professionals provide a variety of acoustic, fire, AV, roofing system and enclosure consulting services to ensure proper design and installation of a building's critical systems. Industrial Hygiene Services Assessing a building or facility for a variety of sources (air, asbestos, lead, mold) to minimize the risk of factors adverse to human health. Building Product & Construction Materials Testing Providing testing for virtually all types of building products, construction materials, and systems for safety, retail, code, and performance purposes. Product Certification & Code Evaluation The ETL and Warnock Hersey Marks show a product or system's conformance to code and ensures the on -going verification of compliance. Field Labeling Providing on -site services of opening systems that need to be re -labeled or making recommendations for upgraded materials. BCFSNA030-2P TOTAL QUALITY. ASSURED. 800.WORLD.LAB �l icenter@intertek.com Fad intertek.com/building Intertek, psi The ever increasing challenges of designing, constructing, and maintaining a building can be difficult for any organization to navigate From compliance to local and national codes, to ensuring an efficient design, to property management, Intertek-PSI's team of architects, engineers, scientists, and technicians understand firsthand the complexities of successfully constructing a commercial building. Our full suite of services give us unique insight into all phases of a project. Regardless of the project size or complexity, Intertek-PSI delivers engineering, consulting, and testing services to support site selection, design, construction, and property management. As a leader in providing comprehensive solutions to industries around the globe, Intertek-PSI prides itself on bringing the expertise and services necessary for our clients to meet all of their needs across their entire operation. Our Assurance, Testing, Inspection, and Certification (A.T.I.C.) suite of services ensures that whatever your needs may be- assurance, testing, inspection, certification, or all of the above, that those needs will be met by Intertek-PSI kai is" Intertek Building & Construction Group A diverse range of services from geotechnical investigations, due diligence, industrial hygiene, and site surveys, for your building environment. Our expertise offers engineering, consulting, evaluation, and peer review to ensure a well designed project. 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, investigation, and remediation plan development. Services that expedite and ensure compliance of the transfer or decommissioning of property or building. NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com COST OF 50'BB STREET NEGLECTING WALKS ITEM DESCRIPTION BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 KING'S LANDING UNIT 1 PRELIMINARY COST ESTIMATE C-3 COLLECTOR STREETS IN LIEU OF 28' RESIDENTIAL STREETS QUANTITY UNIT 3054 S. Alameda St. UNIT PRICE 18068-PCE- OVERWIDTH1 07/22/2022 AMOUNT 1 8" PCCP/RCCP TO LIP OF GUTTER 26077 SY 72.00 1,877,544.00 2 8" LIME STABILIZED SUBGRADE TO 2'BC 30612 SY 8.00 244,896.00 3 8" PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 30612 SY 7.00 214,284.00 4 EXCAVATION TO 2' BC 30612 SY 2.50 76,530.00 5 6" CURB & GUTTER 10204 LF 13.50 137,754.00 DEVELOPER PORTION OF COST OF 28'BB STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT SUBTOTAL $2,551,008.00 UNIT PRICE AMOUNT 1 2" HMAC TO LIP OF GUTTER 13605 SY 18.00 244,890.00 2 6" CRUSHED LIMESTONE BASE TO 2'BC 18140 SY 15.00 272,100.00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 18140 SY 8.00 145,120.00 4 6" CURB & GUTTER 10204 LF 13.50 137,754.00 4 EXCAVATION TO 2' BC 18140 SY 2.50 45,350.00 SUBTOTAL $845,214.00 CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST 1,705,794.00 7.5% ENGINEERING, SURVEYING, & TESTING 127,934.55 TOTAL AMOUNT REIMBURSABLE $1,833,728.55 TOTAL AMOUNT CITY REIMBURSEMENT PER AGREEMENT $1,570,206.65 Page 1 of 1 Exhibit 6 Concrete Repair Manual Texas Department of Transportation March 2021 © 2021 by Texas Department of Transportation (512) 463-8630 all rights reserved Manual Notice 2021-1 From: Graham A. Bettis, P.E., Director, Bridge Division Manual: Concrete Repair Manual Effective Date: March 25, 2021 Purpose This manual includes step-by-step repair procedures for use on new and existing concrete members cast for the Texas Department of Transportation (TxDOT). Changes Revisions to this manual include various editorial changes including: various reference to patch revised to repair; incorporated language on following manufacturer's material and procedure requirements; incorporated definition of SSD (saturated surface dray); adjusted the duration of water blasting requirement to achieve SSD; incorporated detail for concrete repair with mechanical anchors, and added steps and photos of a typical full -depth deck repair. Contact Please contact the Bridge Division with comments or questions. Archives Past Manual Notices are available in a PDF archive. Table of Contents Chapter 1 — Introduction Section 1 Overview 1-2 Section 2 Using the Concrete Repair Manual 1-5 Section 3 Standard Specification References to the Concrete Repair Manual 1-6 Section 4 Repairs and Repair Manual 1-7 Section 5 Repair Procedure Submission and Approval 1-8 Section 6 Quality Control/Quality Assurance 1-9 Section 7 Definitions and Abbreviations 1-12 Chapter 2 — Damage Assessment and Repair Types Section 1 Defining Concrete Spalls 2-2 Description 2-2 Notes 2-2 Spall Categories 2-2 Selecting an Appropriate Repair Procedure 2-3 Section 2 Voids Due to Honeycombing 2-5 Description 2-5 Investigating Honeycombed Regions 2-5 Repairing Honeycombed Regions 2-5 Section 3 Damage over Traffic 2-6 Description 2-6 Section 4 Prestressed Concrete Piling 2-7 Description 2-7 Reference 2-7 Notes 2-7 Damage Prior to Driving (e.g. in the Fabrication Yard) 2-7 Damage During Driving 2-8 Lifting Strands 2-9 Section 5 Taking Cores and Patching Core Holes 2-10 Description 2-10 Selection Criteria 2-10 Taking Cores to Check Compressive Strength 2-10 Taking Cores to Investigate Specific Defects 2-10 Marking Cores 2-10 Patching Core Holes 2-11 Section 6 — Trimming or Cutting Prestressed Concrete Girder Ends 2-12 Description 2-12 Concrete Repair Manual i TxDOT 3/2021 Provisions for Acceptance 2-12 Repair Procedure 2-13 Section 7 Recessing Prestressed Strands 2-14 Description 2-14 Repair Procedure 2-14 Section 8 Rail Damage Due to Vehicular Impact 2-15 Description 2-15 Assessment 2-15 Repair Procedure 2-15 Chapter 3 — Repair Materials and Procedures Section 1 Minor Spall Repair 3-2 Description 3-2 Material 3-2 Repair Procedure 3-3 Commentary 3-5 Section 2 Intermediate Spall Repair 3-6 Description 3-6 Material 3-6 Repair Procedure 3-7 Commentary 3-17 Section 3 —Major Spall Repair and Concrete Replacement 3-18 Description 3-18 Material 3-18 Repair Procedure 3-18 Commentary 3-22 Section 4 Bridge Deck Repair 3-23 Description 3-23 Selecting an Appropriate Repair Material 3-24 Repair Procedure 3-24 Commentary 3-32 Section 5 Crack Repair — Pressure -Injected Epoxy 3-34 Description 3-34 Material 3-34 Repair Procedure 3-34 Commentary 3-36 Section 6 — Crack Repair — Gravity -Fed Sealant 3-37 Description 3-37 Material 3-37 Concrete Repair Manual ii TxDOT 3/2021 Repair Procedure 3-37 Commentary 3-38 Section 7 Crack Repair — Surface Sealing 3-39 Description 3-39 Method 1: Rout -and -Seal Cracks 3-39 Method 2: Surface Sealing 3-39 Concrete Repair Manual iii TxDOT 3/2021 Chapter 1— Introduction Contents: Section 1 Overview Section 2 Using the Concrete Repair Manual Section 3 Standard Specification References to the Concrete Repair Manual Section 4 Repairs and Repair Manual Section 5 Repair Procedure Submission and Approval Section 6 Quality Control/Quality Assurance Section 7 Definitions and Abbreviations Concrete Repair Manual 1-1 TxDOT 03/2021 Chapter 1 Introduction Section 1 Overview Section 1— Overview This manual includes step-by-step repair procedures for use on existing and new concrete members cast for the Texas Department of Transportation (TxDOT). It includes a comprehensive list of com- mon concrete distresses and repair methods. The methods adhere to industry standards and the provisions from applicable documents by the American Concrete Institute (ACI) and American Society for Testing and Materials (ASTM) . This manual was developed in collaboration with vari- ous repair material manufacturers to ensure that the procedures meet common proprietary requirements. In general, repairs to TxDOT concrete structures should be implemented in accordance with the methods outlined in this manual. However, unusual circumstances occasionally arise. Engineers may determine that methods differing from those outlined here are more appropriate in those circumstances. Updates to the manual are summarized in the following table. Table 1-1: Manual Revision History Version Publication Date Summary of Changes 2015-1 Apri12015 New manual. 2017-1 January 2017 Revision adding manual revision history to Chapter 1; revision breaking Chapter 1 into seven sections with no changes to content; revision adding Section 8, discussing rail damage due to vehicular impact, to Chapter 2; revisions for consistency with current DMS- 4655; revised maximum application for neat product to 2"; various revisions to Chapter 3, Section 4, "Bridge Deck Repair" and Section 6, "Crack Repair — Gravity -Fed Epoxy" for improved performance of repairs; minor formatting and editorial revisions in various sections. Concrete Repair Manual 1-2 TxDOT 03/2021 Chapter 1 Introduction Section 1 Overview Table 1-1: Manual Revision History Version Publication Date Summary of Changes 2019-1 January 2019 Various editorial revisions including: • Reference to CST revised to MTD • Reference to epoxy anchors revised to adhesive anchors. • Various references to patch revised to repair. Ch 1, Section 6: • Incorporated visual and non-destructive evaluation of repair material as part of Contractor's Responsibilities (QC). Ch 2 Section 4: • Added procedure to recess and coat lifting strands on pre- stressed piling after installation of piling. Ch 2, Section 8: • Referenced Item 445, "Galvanizing" for repair material to galvanized rail components. • Added language that tests on new railing adhesive anchorage may be required by the Engineer. Ch 3, Section 1 • Incorporated storage, temperature, humidity controls, and document controls to ensure material quality. Ch 3, Section 2: • Incorporated typical repair detail and photos showing steps for typical intermediate spall repair. • Incorporated language for temperature controls for mixing and using chilled water. • Added inspection prior to finishing Ch 3, Section 3: • Added inspection prior to finishing Ch 3, Section 6: • Gravity -Fed Epoxy revised to Gravity -Fed Sealant to include other acceptable sealants • Incorporated language to follow product specifications for maximum working time. Concrete Repair Manual 1-3 TxDOT 03/2021 Chapter 1 Introduction Section 1 Overview Table 1-1: Manual Revision History Version Publication Date Summary of Changes 2021-1 February 2021 Various editorial revisions including: ♦ Various references to patch revised to repair. Ch 1, Section 6: ♦ Incorporated language about agreement on location of nondestructive testing. Ch 2, Section 3: ♦ Incorporated that repair plans need to be sealed and signed by professional engineer. Ch 2, Section 5: ♦ Removed discussion on taking cores to investigate material problems ♦ Included requirement of marking top and bottom surface of full depth cores Ch 3, Section 1 ♦ Incorporated language about following man- ufacturer's material and procedure requirement. Ch 3, Section 2: ♦ Removed `other approved techniques' to remove rust from exposed steel surfaces. ♦ Incorporated detail for concrete repair with mechanical anchors. ♦ Included definition of SSD (saturated sur- face dry) ♦ Adjusted the duration of water blasting to at least 15 minutes to achieve SSD. Ch 3, Section 3: ♦ Removed 'other approved techniques' to remove rust from exposed steel surfaces. Ch 3, Section 4: ♦ Adjusted the duration of water blasting to at least 15 minutes to achieve SSD ♦ Added steps and photos of typical full - depth deck repair. ♦ Removed "other approved techniques" to remove rust from exposed steel surfaces. Concrete Repair Manual 1-4 TxDOT 03/2021 Chapter 1 Introduction Section 2 Using the Concrete Repair Manual Section 2 — Using the Concrete Repair Manual When developing repair or rehabilitation plans, the Engineer should specifically include which sections of this manual will be enforced. Chapter 2 includes information on assessing damage, distress limits, and common types of concrete repair. Chapter 3 includes information on various repair materials and procedures for implementation. Typically concrete repair work will include categorizing the type of distress as outlined in Chapter 2 and selecting a type of repair material from Chapter 3. In some cases, the material section includes enough information that choosing a corresponding type of repair is not necessary. For instance, the sections on crack repair do not require that corresponding repair types be selected Each section in this manual is written as a stand-alone document, and individual sections contain all necessary information on material selection and application. It is not necessary to read the manual from start to finish. Rather, the intention is that Inspectors and Contractors will need only to reference the applicable section or sections. The sections are kept as concise as possible since they are intended for field use. This manual does not address post -tension strand, duct, or anchorage repairs. Repairs or defects associated with post -tension work should be addressed by the Bridge Division Construction & Maintenance Branch on a case -by -case basis. Concrete Repair Manual 1-5 TxDOT 03/2021 Chapter 1 Introduction Section 3 Standard Specification References to the Concrete Repair Manual Section 3 — Standard Specification References to the Concrete Repair Manual The Concrete Repair Manual is referenced in several 2014 Standard Specification Items. This section includes a list of each of those references, along with the corresponding Section to reference within this Manual. Standard Specification References Spec Item Item Title Spec Reference Repair Manual Reference 409 Prestressed Concrete Piling 3.1 (Defects and Breakage) Refer to Section 2.4 for limits and repair procedures when assessing damage to pre- stressed concrete piling. 420 Concrete Substructures 4.13 (Ordinary Surface Finish) Spalls are defined per Section 2.1, and repaired (based on severity) per Section 3.1, 3.2, or 3.3. Most spalls in this category will be defined as minor and repaired per Section 3.1. 424 Precast Concrete Struc- tural Members (Fabrication) 4.3 (Workmanship) Recess prestressed strands per Section 2.7. 4.3.1 (Defects and Breakage) This item covers damage or surface defects that occur during fabrication, handling, storage, hauling, or erection of precast concrete members. Any of the sections in this manual could apply depending on the situation. 429 Concrete Structure Repair 2 (Materials) 3 (Construction Methods) Severity of the unsound, delaminated, or spalled concrete is defined per Section 2.1. After defining, select materials and imple- ment repair per Section 3.1 (Minor), 3.2 (Intermediate), or 3.3 (Major). 780 Concrete Crack Repair 2 (Materials) 3 (Construction Methods) Select materials and perform repair work in accordance with the applicable section in this manual Section 3.5 covers pressure - injected epoxy, 3.6 covers gravity -fed seal- ant, and 3.7 covers both routing and sealing and surface sealing. 788 Concrete Beam Repair 2 (Work Methods) Concrete Beam Repair is a plan -specific item. Provide materials and perform work in accordance with the applicable sections of this Manual and as defined in the project plans. Concrete Repair Manual 1-6 TxDOT 03/2021 Chapter 1 Introduction Section 4 Repairs and Repair Manual Section 4 — Repairs and Repair Manual It is critical that repair crews use appropriate repair materials and installation methods. Even the best materials will not work effectively unless each aspect of the repair work is considered. Proper proportioning, mixing, surface preparation, application, and curing are all vital to the long-term success of a repair. TxDOT maintains Depaitinental Material Specifications and corresponding preapproved Material Producer Lists for most of the materials outlined in the manual. It is vital that Engineers, Inspectors, and Contractors select and use only preapproved materials when applicable. The Engineer may select or Contractors may propose to use material not included on an MPL if it will provide for the best repair in a specific application. The Engineer will review such requests from the Contractor on a case -by -case basis, but in almost all cases a preapproved material should be selected. Notify the Engineer before proceeding with the repairs if there are discrepancies between TxDOT's requirements and industry standards or manufacturers' instructions. Maintain up to date copies of the manufacturers' technical literature to ensure the proper procedures are followed. Concrete Repair Manual 1-7 TxDOT 03/2021 Chapter 1 Introduction Section 5 Repair Procedure Submission and Approval Section 5 — Repair Procedure Submission and Approval When the Engineer prepares repair or rehabilitation plans that include reference to this manual, the Contractor must prepare and submit formal procedures outlining repair plans and which proprietary materials they plan to utilize. The Engineer must approve in writing any procedures that differ from those in this manual or materials that are not included in one of TxDOT's MPLs. For damage that occurs in precast concrete fabrication yards or on construction sites in which Contractor is required to prepare a Nonconformance Report or Request for Information, the Contractor should propose repair methods and materials outlined in this manual. Contractors may also propose to use a procedure that differs from those outlined in this manual, in which case TxDOT will consider on a case -by -case basis. For minor defects in which the Engineer is not preparing repair documents and the Contractor is not issuing a Nonconformance Report or Request for Information, the Contractor and Inspectors should work collaboratively to determine an appropriate repair solution and then follow the appli- cable sections from this manual. Documentation of this communication should be retained in the project files. Concrete Repair Manual 1-8 TxDOT 03/2021 Chapter 1 Introduction Section 6 Quality Control/Quality Assurance Section 6 — Quality Control/Quality Assurance In addition to providing step-by-step procedures for Contractors and Fabricators, this manual is also meant to provide Quality Control (Contractor) and Quality Assurance (Owner) inspectors with the knowledge needed to ensure that appropriate repair solutions are selected and implemented. Each procedure in Chapter 3 of this manual includes detailed instructions on each individual facet of repair solutions. Proper attention to and implementation of each step in the repair process is critical to successful application. The first step is ensuring that the contractor is using approved materials. Correct proportioning and mixing is also critical. A common mistake is for Contractors to "eyeball" or guess at proper proportions when using multi -part mixes. Inspectors should verify that Contractors are measuring, either by volume or weight, all individual components prior to mixing. In almost all cases the Contractor should utilize an acceptable form of mechanical mixing; hand mixing is not acceptable. It is not possible to put a sufficient amount of energy into mixing when doing so using a shovel, trowel, or by hand. In small applications a small "jiffy" type paddle and mixer are often sufficient. When using larger quantities of cementitious repair material a mortar or volumetric mixer is more appropriate. Application varies significantly with repair type and material. Refer to the applicable section in Chapter 3. Another frequent problem leading to premature failure of repairs, especially cementitious materials, is inadequate curing. Improper curing often leads to cracking very early in the life of the repair. The best (and easiest) curing method is to leave the forms in place when using form -and - pour applications. In those cases only a small amount of moist curing is required in the small areas used to place the concrete. Ponding is also an excellent method of curing but is typically impractical in most repair scenarios. Many manufacturers include instructions for application of curing membranes. However, continuous moist curing is typically preferable to curing membranes. When using wet mats it is imperative that the mats be kept moist during the entire curing interval. In cases where membrane curing is approved, the Contractor must use material that is preapproved by TxDOT and is recommended for use by the repair material manufacturer. Since curing requirements vary significantly depending on the type of material and the manufac- turer, it is important that curing methods adhere to the technical product literature for the specific material being utilized. As noted above, moist curing is the preferred method for most cementitious repair materials. However, moist curing can actually harm some repair materials, such as those that contain magnesium phosphate. Again, the Contractor must adhere to the requirements for the specific material being applied. Contractor's Responsibilities (QC): Concrete Repair Manual 1-9 TxDOT 03/2021 Chapter 1 Introduction Section 6 Quality Control/Quality Assurance • It is the Contractor's responsibility to use repair materials specified in the Contract Documents and this manual. For materials in which there are lists of available through TxDOT's MPL, the Contractor should only use products that have been preapproved. Any deviation from the originally proposed and approved materials must be approved by the Engineer in writing. When in doubt, contact the Bridge Division or Materials and Tests Division for guidance on whether a proposed material is acceptable. • Shelf life of repair materials is critical, store materials on jobsite according to material manufacturer's requirements, preventing direct exposure to sunlight and moisture. Materials exceeding their shelf life shall not be used. • When required by the Contract, perform a trial repair or mockup to demonstrate acceptable performance and installation methods. • Ultimately, quality is the Contractor's responsibility. If the Contractor feels that any of the procedures outlined in this manual or in the contract plans could lead to unacceptable performance, they must inform the Engineer of those concerns in writing prior to commencing work. In such cases, the Engineer will work collaboratively with the Contractor to come to an agreeable solution. • Confirm that repair material performance is acceptable through visual observations and nonde- structive testing of all repaired locations. Repair material should not exhibit cracking. One of the easiest and most effective tests is to sound the repair material using firm (but not destruc- tive) blows with a hammer. When repair material has debonded from the substrate there is generally a distinctive hollow sound when the material is struck. Defective repair material must be removed and replaced at no extra costs to the Department. Owner's Responsibilities (QA): • Check materials to ensure that they are appropriate for the given application. Material should either be on one of TxDOT's preapproved lists or approved by the Engineer prior to use. • Ensure that the Contractor is following the procedures outlined in this manual and as shown on the plans for material selection, preparation, implementation, curing, and any other steps crucial to the performance of the concrete repair. Procedures may need to be altered for varying weather conditions (excessive heat or cold, rain, high wind, etc.). • Verify that all damaged material has been removed and that the remaining surface is clean and sound before the Contractor proceeds with repair material installation. • Confirm that repair material performance is acceptable through visual observations and nondestructive testing. See Contractor's Responsibilities (QC) for acceptance criteria. QA may be performed jointly with the contractor's QC or separately at the discretion of the Engineer. • In some cases, the Contractor may opt to perform nondestructive or destructive testing when there is a question about whether a repair is performing adequately. Often such testing will involve taking cores for petrographic analysis. Though a Contactor may use an independent consultant or lab for performing forensic or petrographic investigations, ultimately TxDOT Concrete Repair Manual 1-10 TxDOT 03/2021 Chapter 1 Introduction Section 6 Quality Control/Quality Assurance will decide whether a repair is acceptable. The location of the destructive testing should be agreed upon by the owner and the Contractor. Concrete Repair Manual 1-11 TxDOT 03/2021 Chapter 1 Introduction Section 7 Definitions and Abbreviations Section 7 — Definitions and Abbreviations The terms "Engineer," "Inspector," "Contractor," and "Fabricator" are used regularly throughout this manual. "Engineer" typically refers to the Engineer of Record that signed and sealed the repair plans, the Area Engineer or the Area Engineer's authorized representative where the work is being performed, or in the case of precast fabrication one of the licensed Professional Engineers at TxDOT Materials and Tests Division Headquarters in Austin. "Inspector" refers to the person, usually a Department employee, assigned by the Engineer to check compliance with the Contract. "Contractor" refers to the entity responsible for implementing the repair work. "Fabricator" refers to a manufacturer that produces precast concrete structures for TxDOT. When not specifically stated, requirements for Contractors also apply to Fabricators. The following abbreviations are used in the manual: • CFRP: Carbon Fiber Reinforced Polymer • MTD: TxDOT Materials and Test Division • DMS: Depailmental Material Specification • MPL: Material Producer List • NCR: Nonconformance Report (typically prepared by Precast Fabricators) • QA: Quality Assurance • QC: Quality Control • RPM: Revolutions per Minute • SSD: Saturated Surface -Dry • NDE: Nondestructive Evaluation Concrete Repair Manual 1-12 TxDOT 03/2021 Chapter 2 — Damage Assessment and Repair Types Contents: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 - Defining Concrete Spalls - Voids Due to Honeycombing - Damage over Traffic - Prestressed Concrete Piling - Taking Cores and Patching Core Holes - Trimming or Cutting Prestressed Concrete Girder Ends - Recessing Prestressed Strands - Rail Damage Due to Vehicular Impact Concrete Repair Manual 2-1 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 1 Defining Concrete Spalls Description Notes Section 1— Defining Concrete Spalls Spalls are categorized based on severity of damage per the definitions in this Section. Once a spall has been categorized, then an appropriate repair material and installation procedure can be selected. Reference: TxDOT Standard Specification Item 429, "Concrete Structure Repair." Based on severity, spalls can be categorized as minor, intermediate, or major. Appropriate repair materials and methods differ significantly depending on the spall depth, size (area), cause(s) and configuration (horizontal, vertical, or overhead). The guidelines in this section help define various spall types. These are general definitions; depending on the circumstances, the Engineer may define spall severity differently than these definitions, on a case -by -case basis. This section does not apply to spalls in the riding surfaces of bridge decks. Refer to the Chapter 3 sections on Bridge Deck Repair when addressing such damage. Spall Categories • Minor Spall: • Damage is less than 1 inch deep and it covers an area less than 12 square inches. However, if the majority (more than 50%) of a reinforcing bar or strand circumference is exposed due to inadequate cover then the spall would be classified as Intermediate even if it is less than 1" deep. • The Inspector may elect to designate repairs that cover areas larger than 12 square inches as minor depending on the location and extent of the damage. • A deeper spall (2" maximum) can be categorized as minor as long as it does not progress beyond the outer layer of reinforcement. • Intermediate Spall: • The damage exposes a majority (more than 50%) of the outer cage of reinforcing bar or strand circumference, or the damage is greater than 2" deep. • The maximum depth of an intermediate spall is 6 inches. • No significant stresses are likely to develop in or immediately around the repair mate- rial due to service loads. • Major Spall: • Damage extends well beyond the outer layer of reinforcement. Concrete Repair Manual 2-2 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 1 Defining Concrete Spalls • Significant stresses are likely to develop in or immediately around the repair material due to service loads. Selecting an Appropriate Repair Procedure Beyond categorization of spalls, repair procedures depend on location to be repaired and volume of work. The following is only a brief overview of repairs. See Chapter 3 for detailed discussion on repair materials and procedure. • Minor Spall: • Regardless of configuration (vertical, overhead, or horizontal), the best repair method for minor spalls is typically neat epoxy or epoxy mortar. Epoxy that is formulated for concrete repair has very tenacious bond and performs well in thin applications. • Excavating the concrete to expose all corroded sections of the bar is an effective way to mitigate corrosion, but that typically requires the removal of sound material. Such measures are usually unnecessary unless the minor spalling is occurring over a large area. • Applying epoxy over thin spalls in which a small amount of steel is exposed will not typically stop corrosion. However, it provides an excellent waterproof barrier and can significantly slow down the rate of corrosion if properly applied. • Building up thin spalls with epoxy mortar is generally an aesthetic decision. Mortar should not be applied if the repair will occur over vehicular or pedestrian traffic. In those cases only neat epoxy should be applied. • Intermediate Spall: • Proprietary, bagged concrete repair materials are typically used to repair intermediate spalls. Use only preapproved materials meeting the requirements of DMS-4655, "Con- crete Repair Materials." • A common mistake when choosing bagged cementitious concrete repair materials is to select those with compressive strengths far higher than needed. Materials with lower com- pressive strengths typically perform better since they also have a lower modulus of elasticity, and therefore greater ductility. For intermediate spalls it is typically desirable not to redistribute loads into the repair material. Limiting compressive strength and modulus of elasticity are the best ways of achieving that. • Vertical and Overhead Repairs: • In most cases a Contractor will opt to use a trowel -applied repair material in vertical and overhead applications. The maximum lift thickness of trowel -applied materials is 2 inches or the maximum permitted by the repair material supplier, whichever is less. • In deeper applications the Contractor may propose to repair using pneumatically applied cementitious material, in which case they should follow the provisions set forth in Item 431. Pneumatically placed concrete is not addressed in this manual. The Concrete Repair Manual 2-3 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 1 Defining Concrete Spalls 1 i Engineer must approve use of pneumatically placed concrete in lieu of the repair methods outlined in this manual. • The Contractor may opt to use form -and -poured bagged material or batched concrete, which is often a better option since it can be extended with coarse aggregate. Most trowel -applied materials do not include coarse aggregate, which can lead to drying shrinkage cracking if not applied or cured properly. • Horizontal Repairs: Form -and -pour materials are typically the best option in horizontal applications because they can be extended with coarse aggregate, which significantly reduces the potential for shrinkage cracking. • Precast Concrete Production Yards: Batched concrete is readily available in precast concrete plants. Therefore, fabricators should typically use batched concrete (same mix design) as that used to fabricate the damaged member, even when the spall is classified as intermediate. • Major Spall: • Major spalls typically involve deep repairs to members in which capacity has been reduced as a result of damage and deterioration. The repair is meant to restore capacity of the damaged member. The best option in such applications is to use batched concrete with properties similar to the parent material. • When the mix design is unknown, the Engineer and Contractor should select an approved concrete mix that meets the requirements of the anticipated service loads. • In smaller applications it is often not practical to specify batched concrete when rehabilitating or repairing existing structures. The Engineer should determine when a preapproved bagged material is more appropriate and offer that as an alternative to batched concrete. • In some cases, additional anchoring may be required as directed by the repair details. Concrete Repair Manual 2-4 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 2 Voids Due to Honeycombing 1 1 Section 2 — Voids Due to Honeycombing Description Honeycombing in concrete members can result from either of the following: • Forms not being sufficiently secured or tight, allowing mortar to leak out during casting operations. The mortar leakage can lead to voids between coarse aggregates. • Insufficient consolidation due to poor workability of concrete mixes or inade- quate vibration. Investigating Honeycombed Regions The biggest cause for concern when voids occur on the exterior portions of members is that additional, unseen defects could exist on the interior portions. Honeycombing due to lack of proper consolidation is of particular concern, especially in the portions of precast concrete members that are highly congested with prestressing strands and mild reinforcement. Prior to considering repair options, explore the voids to check for additional damage. The areas around the voids should be chipped to sound, undamaged concrete. However, do not chip out concrete around prestressed strands before discussing with the Engineer. Occasionally Contractors ask to use Nondestructive Evaluation (NDE) to investigate the severity of honeycombing when it appears to be severe and the Engineer is considering rejection. Most of the available technology (e.g. Impact Echo and Pulse Velocity) cannot effectively show whether small voids exist along congested prestressing strands or mild reinforcement. Although the Contractor may propose to use NDE, it is up to the Engineer to determine whether it is acceptable. Generally NDE requires destructive verification testing, which is oftentimes not an option in highly congested concrete, such as the bottom flanges of prestressed girders. Repairing Honeycombed Regions After the honeycombed regions have been removed, the damaged area should be evaluated and defined per Section 1 of Chapter 2 unless the damage is too severe to consider acceptance of the member. An appropriate repair material and method can be selected once the damage is categorized as minor, intermediate, or major. At a minimum, remove defective material, repair and finish as required in Section 420.4.13 of the Standard Specifications for Ordinary Surface Finish. Concrete Repair Manual 2-5 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 3 Damage over Traffic 1 1 1 1 i Description Section 3 — Damage over Traffic This section applies to damage that occurs or could occur over vehicular or pedestrian traffic. Dam- age consists of any spall, delamination, honeycombing, or other unintentional void. The Engineer will typically require additional measures to help ensure the repair material will not fall into traffic in the case of a repair failure. The most frequent damage that occurs over roadways is overhead vehicular impact. In addition to whatever necessary structural and waterproofing repairs, the Engineer should typically also require confinement or other acceptable means to prevent spalling or to catch portions of the repair mate- rial that become detached. Wire netting often works as a temporary solution. More permanent solutions should be included when the member or members are repaired. In almost all cases the best option for preventing damaged concrete from falling onto traffic is to confine the repair material with Carbon Fiber Reinforced Polymer wraps. Perform the CFRP work in accordance with Item 786, "Carbon Fiber Reinforced Polymer." In the case of precast concrete fabrication, damage that will occur over traffic may not be repaired unless approved by the Engineer. When feasible, members should be reassigned or rotated to move the damage to an area where damage will not occur over traffic in its final configu- ration. Minor damage may be coated with neat Type VIII epoxy but should not be built up with repair mortar. When the Engineer does permit more extensive repair, the repair material must be confined using CFRP or other approved method. There is no standard repair procedure for repairing damage over traffic. A repair plan must be signed and sealed by a professional engineer licensed in Texas . Do not proceed with such repairs without authorization from the Engineer. Concrete Repair Manual 2-6 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 4 Prestressed Concrete Piling Description Section 4 — Prestressed Concrete Piling This section includes limits and repair procedures when assessing damage to prestressed concrete piling. This section also includes a procedure to recess and coat lifting strands after installation of piling. Reference Notes Standard Specification Item 409, "Prestressed Concrete Piling." Piling damage is divided into two categories: (1) damage that occurs prior to driving (during fabrication, handling, storing, or hauling), and (2) damage that occurs during driving operations (lifting or driving). When assessing damage to exposed portions of prestressed piling in an existing structure, treat it as a typical concrete substructure element. No special limits apply. The acceptance and rejection criteria for prestressed piling are more severe than with most other structural elements because the consequences of a failure are also very severe. Foundation distress is typically very difficult to remedy and can lead to shortened service life of an entire bridge. Therefore, damage that could potentially hinder performance or reduce durability will typically lead to rejection of the piling. Damage Prior to Driving (e.g. in the Fabrication Yard) • Minor damage. • Only thin spalls may be repaired. The Engineer will determine what constitutes an acceptable spall, but in general the limits are 1-inch in depth and 6 square inches in area. If either of those limits is exceeded, or if the damage exposes any reinforcing steel or prestressing strand, the damage will render the piling unacceptable unless specifically deemed otherwise by the Engineer. • Smooth out the perimeter of the damaged area to eliminate jagged edges. • Minor spalls deemed acceptable for repair should be cleaned and coated with neat epoxy in accordance with Section 1 of Chapter 3 of this manual. • Do not build up the spalled areas with repair material other than neat epoxy since it is likely to debond during driving operations. Concrete Repair Manual 2-7 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 4 Prestressed Concrete Piling • The Engineer may allow for repair when damage is deeper than 1 inch but does not progress beyond the outer layer of steel reinforcement. In those cases the damaged areas should be built up with epoxy mortar and confined by CFRP wrapped completely around the piling for a distance not less than six inches beyond the damaged area. • Damage to one end. • If one end of a piling is damaged beyond the limits outlined above, but the damage extends less than 6 inches from the end, then the fabricator or contractor may remove (cut) up to 6 inches from the end to eliminate the damaged portion. • Clearly mark the altered side as the "Tip End." • After cutting, recess the prestressing strands 3/8-inch minimum and fill the voids with epoxy mortar (typical strand end treatment). • Re-form the chamfers after completing the cutting and repairing operations. • Damage to both ends. • There are no standard criteria for acceptance or rejection when both ends of a piling are damaged, but generally the member will be rejected since it would not be possible to avoid hammering a damaged end. • Engineer must approve any repairs when damage occurs on both ends of a piling. Damage During Driving • Horizontal cracks (transverse to longitudinal reinforcement or strand) greater than 1/16 inches wide. • Piling will be rejected if crack occurs in a portion that will be below ground or water level after driving. • If crack occurs in a portion that will be above grade or water level, the Contractor may opt to cut back beyond the crack and rebuild to required elevation. • Horizontal cracks less than 1/16 inches wide. • Inject the cracks with epoxy in accordance with Section 3.7 of this manual. • If cracks develop that will be inaccessible in final configuration, cease driving operations and repair cracks before continuing. • Vertical or diagonal cracks. • In most cases a piling member will be rejected if vertical or diagonal cracks form during driving operations. • If the Engineer approves repair of vertical or horizontal cracks, inject with epoxy in accordance with Section 3.7 of this manual. • Fine hairline cracks (less than 0.006 inches) or surface checks that do not extend to the plane of the nearest reinforcing steel will not require repair and will not be cause for rejection. Concrete Repair Manual 2-8 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 4 Prestressed Concrete Piling 1 Lifting Strands • Recess lifting strands to help prevent corrosion due to exposure to the elements. • Recess the prestressing strands a minimum 3/4-inch using a torch, grinder, or other approved method. Do not overheat or damage the surrounding concrete. • Abrade the concrete and the end of the steel strand with a needle gun, steel brush, or other suitable means to ensure that no slag remains on the steel or concrete surfaces. • Coat the inside of the recessed area, including the strand, with 10 mils (minimum) of neat Type VIII epoxy and repair the recess with epoxy mortar. Concrete Repair Manual 2-9 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 5 Taking Cores and Patching Core Holes Section 5 — Taking Cores and Patching Core Holes Description Cores may be taken from concrete members for a variety of reasons, including verification of compressive strength, investigation of potential concrete material problems (e.g. segregation or bleeding), or examination of specific defects (e.g. cracks or cold joints). This section covers proper taking and marking of cores, and patching of the core holes. Selection Criteria Select core locations and have them approved by the Engineer. Check fabrication sheets so, cores are taken with minimum impact to mild reinforcement. Check design sheets or shop drawings to ensure that cores are not taken through prestressing strands unless specifically approved by the Engineer. For prestressing strands use GPR and other NDE methods to locate the strands. Take four -inch outside diameter cores when feasible. When approved by the Engineer, take smaller cores in highly congested areas to avoid impact to mild reinforcement or prestressed strands. Taking Cores to Check Compressive Strength • Take at least two cores from a member if companion cylinders reveal a potential deficiency in the required 28-day compressive strength. • Evenly space the cores along the member(s) in question. Typically, take the cores through the webs or sidewalls of prestressed concrete girders. • There can be no mild reinforcement or prestressed strands in the cores if they will be used for testing compressive strength. Taking Cores to Investigate Specific Defects • Take cores directly through the problem areas when investigating specific damage or defects. It typically will not be necessary to take control cores in these types of situations. • If investigating a cold joint, take the sample such that approximately half the core is above the joint and half is below the joint. Marking Cores When cores are not taken from a horizontal surface, draw two arrows on the core locations BEFORE a core is taken. Point both arrows straight up, and draw them on each side (left and right) Concrete Repair Manual 2-10 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 5 Taking Cores and Patching Core Holes of the core. In most cases the petrographer will need to cut in the vertical orientation, so it is important that the core be marked such that both sides will indicate the "up" direction after cutting. After a core has been taken, write additional information on each side (left and right) of the sample. Include the following information: • Structure No. (existing structure) or CSJ (new construction). • For new construction, name of Prime Contractor if at jobsite or Fabricator if in Precast Concrete Plant. • Member ID and location. • Core number. Also, take photographs and notes indicating from where in the member the core was taken and why. • Top and bottom surfaces for full depth cores. Again, most cores are cut vertically. Write all of the above information on both sides of the core so each part of the sample can be properly identified if it is cut. Include a standard TxDOT Form 202 for each set of cores taken from a member. Request that the TxDOT Inspectors fill out Form 202 as needed so hard copies of the completed forms can be sent directly with the samples. Also send copies of applicable concrete mix design worksheets, batch tickets, and strength data with the cores when they are available. Patching Core Holes As with all large patches, utilize preapproved bagged cementitious repair material or batched concrete to patch core holes when feasible. Follow the requirements set forth in the section on Intermediate Spall Repair for implementing the work. Concrete Repair Manual 2-11 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 6 Trimming or Cutting Prestressed Concrete Girder Ends Section 6 — Trimming or Cutting Prestressed Concrete Girder Ends Description This section includes allowances and repair procedures for trimming or cutting the ends of prestressed concrete I -beams. • Removal of more than 1 inch of a beam end is considered cutting. • Removal of 1 inch or less from a beam end is considered trimming. Cutting beam ends requires preparation of an NCR from the Fabricator. The TxDOT Inspector determines whether an NCR is required when a beam end will be trimmed. NOTE: Standard provisions for cutting beam ends apply to Tx Girders (bulb tees) only. Cutting the ends of prestressed members other than Tx Girders requires a detailed analysis by a Professional Engineer and authorization from TxDOT MTD Headquarters or the Bridge Division. There is no standard repair for such alterations; proposals will be considered on a case -by -case basis. Provisions for Acceptance No more than 12 inches may be removed from either girder end. If more than 6 inches is removed from a girder end, include in the modification proposal stamped calculations from a Professional Engineer indicating the viability of the proposed modification. Calculations must include: • Required moment and shear capacity. • Actual moment capacity of the modified member, obtained using PGSuper or another acceptable analysis program. • Actual shear capacity. In most cases equal amounts should be removed from each end if the total length to be cut exceeds 6 inches. However, that would not be a viable solution if a beam end is being cut in order to eliminate damage or when a beam end contains an anchor slot. The Area Engineer and MTD Engineer must approve modifications. All parties, including the Fabricator, Contractor, and Engineer, must agree that trimming will not result in any unacceptable issues related to deck forming, slab or haunch thickness, camber, or plan profile deck geometry. The girder must be modified as required for use in its new configuration, including but not limited to blockouts, inserts, hangers, and bevels. Concrete Repair Manual 2-12 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 6 Trimming or Cutting Prestressed Concrete Girder Ends When the strand pattern differs from the destination design, or if more than 6" is cut off one or both beam ends, a replacement shop plan for the permanent record must be provided that indicates all characteristics of the candidate girder that differ from the originally specified girder. Include dual girder identification by permanently marking the inside face of the girder, clearly indicating which is the previous girder I.D. and which is the current I.D. Fabricator or Contractor must send written notification to the Area Engineer informing them of the circumstances of the dual marked girder for their information and records. Repair Procedure After the beam has been trimmed or cut, re -measure the member (length, skew, and batter) to ensure that the altered dimensions are acceptable. Once the dimensions have been checked and found to be acceptable, remove all vertical reinforcement that has less than 3/4-inch concrete cover. Recess longitudinal reinforcing steel and prestressing strands approximately 3/8-inch. • Locate the steel using shop drawings, exploratory drilling, and whatever other means is necessary to ensure that all reinforcement with inadequate concrete cover is identified. • Remove the steel using a torch or other approved method. Do not overheat or damage the surrounding concrete and steel that will remain in place. • If steel is removed using a torch, abrade the steel and concrete surfaces with a needle gun, steel brush, or other suitable means to ensure that no slag remains. Apply a silane penetrating sealer and neat Type VIII epoxy to every portion of the member that was trimmed or cut. Wait at least 48 hours after applying the penetrating sealer before applying neat epoxy. Do not extend the neat epoxy material with sand except to fill in the voids where the steel has been recessed or removed. Concrete Repair Manual 2-13 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 7 Recessing Prestressed Strands Section 7 — Recessing Prestressed Strands Description Recess prestressed strands to help prevent corrosion due to exposure to the elements. Repair Procedure Recess the prestressing strands a minimum 3/8-inch using a torch or other approved method. Do not overheat or damage the surrounding concrete. Abrade the concrete and the end of the steel strand with a needle gun, steel brush, or other suitable means to ensure that no slag remains on the steel or concrete surfaces. Coat the inside of the recessed area, including the strand, with 10 mils (minimum) of neat Type VIII epoxy and repair the recess with epoxy mortar. Do not coat the beam end away from the recessed strands with epoxy mortar. Concrete Repair Manual 2-14 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 8 Rail Damage Due to Vehicular Impact Section 8 — Rail Damage Due to Vehicular Impact Description Traffic rails frequently sustain damage from vehicular impact, often resulting in reduced structural capacity. It is imperative to implement repairs to railing that restore capacity, in the event that the same section of rail is impacted again. Many rail types include steel components mounted to concrete parapets. Although this manual addresses concrete repairs, damage to steel elements must also be considered when rail damage is assessed and repaired. Assessment Damage to railing can be categorized as minor, intermediate, or major. Damage should be assessed on a case -by -case basis. Minor rail damage is defined as spalling or cracking that does not extend beyond the outer reinforcing steel cage, with no loss in structural capacity, and that covers an area of less than 12 square inches. Additionally, there is no deformation of any steel components. Intermediate damage extends beyond the outer cage of reinforcement but based on the Engineer's assessment hasn't significantly reduced rail capacity. The maximum depth of an intermediate spall is 6 inches. Major rail damage occurs from any impact that necessitates restoration of structural capacity. Damage is typically greater than 6 inches deep and results in plastic deformation of reinforcing steel, anchor bolts, or other steel elements. The Engineer may evaluate slight deformations in steel elements or reinforcement to determine whether they can be reused. Deformations in galvanized steel can severely limit its long-term viability in preventing corrosion; therefore, damaged galvanized elements should typically be replaced rather than repaired or touched -up. In no case should damaged anchor bolts be reused. Repair Procedure Minor rail damage: Repair spalls in accordance with Section 1 (epoxy mortar) or Section 2 (proprietary, bagged concrete repair materials) of Chapter 3 in this manual. Seal cracks in accordance with Section 6 (gravity -fed sealant) or Section 7 (surface seal) of Chapter 3. Touch up any scrapes or other minor damage to steel elements in accordance with standard District Concrete Repair Manual 2-15 TxDOT 03/2021 Chapter 2 Damage Assessment and Repair Types Section 8 Rail Damage Due to Vehicular Impact maintenance practices. If any galvanized elements are impacted, then the Engineer should evaluate to determine appropriate repair procedures, such as touch-up using zinc -rich paint or other process. See Item 445, "Galvanizing" and the Depaitment Material Producer List for Galvanizing Repair Paints for more information. Intermediate rail damage: Repair spalls in accordance with Section 2 (proprietary, bagged concrete repair materials) or Section 3 (batched concrete) of Chapter 3. Ensure there is a mechanical bond by completely excavating around exposed reinforcing steel. Major rail damage: When damage is severe enough to reduce the structural capacity of a rail, the best option for full restoration is to remove the rail to the level of the concrete deck and retrofit in accordance with the TxDOT Bridge Standards Retrofit Guide for concrete rails or curbed structures. All damaged components should be replaced or supplemented, and structural class batched concrete should be used to cast the new section of concrete railing. If the Engineer determines that major rail damage can be repaired rather than retrofitted to suffi- ciently restore capacity, perform work in accordance with Standard Specification Item 778, "Concrete Rail Repair." When feasible, utilize batched concrete rather than proprietary, bagged material to repair the damaged rail. Installation of new anchors and reinforcement is critical to ensuring adequate capacity of the con- crete railing and steel -mounted components. When using an adhesive to anchor steel bars, install in accordance with Standard Specification Item 450, "Railing." Note that anchorage testing of installed adhesive anchorages may be required as directed by the Engineer. Concrete Repair Manual 2-16 TxDOT 03/2021 Chapter 3 — Repair Materials and Procedures Contents: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 - Minor Spall Repair - Intermediate Spall Repair - Major Spall Repair and Concrete Replacement - Bridge Deck Repair - Crack Repair — Pressure -Injected Epoxy - Crack Repair — Gravity -Fed Sealant - Crack Repair — Surface Sealing Concrete Repair Manual 3-1 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 1 Minor Spall Repair Description Section 1— Minor Spall Repair Most minor concrete spalls are repaired using neat Type VIII epoxy (no sand) to help protect against deterioration caused by exposure to the water, chlorides, and other contaminants. Minor spalls are defined in Section 2.1 of this Manual. Minor spalls can be built up using Type VIII epoxy mortar. Generally building up minor spalls with mortar provides no additional corrosion protection or capacity vs. neat epoxy only. Filling the voids removes the appearance of spalling and is typically done based on aesthetic concerns. Material TxDOT Type VIII neat epoxy compound (ASTM C 881 Type I or IV) is produced by mixing two proprietary liquid components in the ratio required by the manufacturer. • Refer to DMS 6100, DMS 6110, and the MPL for Epoxies and Adhesives for additional information. • Use materials from TxDOT's preapproved list for Type VIII epoxy. Contractor may use other materials only if specifically authorized by the Engineer in writing. • Follow manufacturer's published recommendations for storage including temperature and humidity controls. Retain manufacturer lot tags with packaged date and shelf life for inspection prior to product use. • Follow manufacturer's material requirements. TxDOT Type VIII epoxy mortar is produced by combining the neat epoxy compound and an aggregate (usually silica sand) approved by the epoxy producer and TxDOT. • Ratio by Volume: • Adhere to the requirements from the manufacturers' technical data sheets when proportioning the sand to add to the neat epoxy. • Silica Sand: • Most manufacturers recommend that 20/40 mesh sand be used to produce epoxy mortar. It is acceptable to use sand that passes a No. 16 sieve but is retained by a No. 50 sieve (16/50 mesh). • Use sand other than 16/50 mesh or 20/40 mesh only if authorized by the epoxy manufacturer and the Engineer. Concrete Repair Manual 3-2 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 1 Minor Spall Repair • If the repair will remain visible after a member has been erected, the Engineer may require use of a combination of gray and white sand to make the epoxy mortar material closely resemble the surrounding concrete. Do not exceed 130°F if heating any of the epoxy liquid components to ease mixing or application. NOTE: Keep a separate container that is protected from rain and other water for storing sand used to mix Type VIII epoxy mortar. Sand from a stockpile is typically far too wet to be used for mixing epoxy mortar. Do not exceed 230°F when heating sand to dry it. Allow sand to cool to a maximum temperature of 130°F before mixing with the neat epoxy. Repair Procedure • Surface preparation. • Remove any damaged or loose concrete. • Avoid damage to sound concrete that is to remain in place by saw cutting the perimeter of the repair area or taking other appropriate measures acceptable to the Engineer. • Unless otherwise approved by the Engineer, use only hand tools or power -driven chipping hammers (15-1b. class maximum) to remove concrete. • If the damage occurs at the end of a member and prestressing strand is exposed, recess the strands a minimum 3/8-inch using a torch or other approved method. Do not overheat or damage the surrounding concrete. NOTE: In the past some Contractors and Fabricators opted not to recess prestressing strands in spalled areas so the protruding sections could serve as dowels for the repair material. While the strands would serve well as dowels in those circumstances, they could be exposed to moisture and chlorides if the repair fails over the life of the structure. For that reason it is more important that the strand be completely recessed. • Ensure substrates are clean and sound. Remove any contaminants, including laitance, oil, dust, debris, or other foreign particles. • Just prior to coating or repairing, blast the repair area using a high-pressure air com- pressor equipped with filters to remove all oil from the compressed air. • For minor spalls in which a short longitudinal section (less than 4 inches) of mild reinforcement or prestressing strand is exposed, the steel should NOT be removed. Nor should sound material behind the steel be excavated unless more than half the bar circumference is exposed, in which case the spall should be classified as Intermediate. • It is not necessary to install dowels or provide other mechanical anchorage in applications less than 1 V2 inch thick. The Engineer may require dowels, typically stainless steel expan- Concrete Repair Manual 3-3 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 1 Minor Spall Repair 1 i 1 sion anchors, in thicker applications to help tie the repair material to the parent material in case of a delamination. • Mixing. Measure the proper quantity of each component per the manufacturer's requirements, then dispense into a clean container. Do not estimate the proper amounts while adding the different components. Mix the liquid components thoroughly using a low -speed electric drill (400 — 600 rpm) and a clean "Jiffy" type mixing paddle. Do not mix Type VIII neat epoxy or epoxy mortar by hand. • If utilizing whole batches, mix the liquid components for a minimum of 3 minutes or in accordance with the manufacturer's instructions. • If using partial batches, mix for at least 1 minute or until the material is well -blended and uniform, whichever is longer. Slowly add the sand or other approved aggregate to the epoxy compound while mixing with an electric drill and paddle. Mix the material until the epoxy mortar is well -blended and all sand particles are coated (1 minute minimum after the sand is added). Mix an adequate amount of additional neat epoxy compound for use as a waterproofing and bonding layer. Set times vary significantly depending on type of epoxy and ambient conditions (temperature, wind, humidity). In hot weather (greater than 90°F) place a partial batch in a cup to determine set-up time, and adjust production volumes accordingly. Adhere to manufacture' s storage and shelf life recommendation. • Neat Epoxy Application. • Surface must be dry and clean prior to application of the repair material. • Brush, roll, or scrub the material into the prepared substrate to ensure that all small voids are filled. • Cover the entire damaged area, including exposed steel reinforcement and dowels when applicable, with at least 10 mils of the neat epoxy compound. NOTE: Members of the repair crew should have a wet -film thickness gauge to periodically check that neat epoxy is being installed in adequate application depth. Inspectors should also carry wet -film thickness gauges so they can verify adequate minimum thickness. • Epoxy Mortar Application. • Apply a layer of neat epoxy compound to the substrate as outlined above to serve as a bond coat layer for the repair mortar. • Trowel -apply the epoxy mortar into the repair area while the bonding layer is still tacky. If the bonding layer loses its tackiness prior to repairing, clean the epoxy surface and apply additional neat epoxy before proceeding. Concrete Repair Manual 3-4 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 1 Minor Spall Repair • Limit repair depth to 1 inch when using epoxy mortar unless otherwise approved by the Engineer. In multiple lift applications wait until previous lift has cured sufficiently to prevent sagging prior to applying the next lift. Apply a bonding layer of neat epoxy between each lift. • Finishing. The Contractor should consult the Engineer before repairing minor spalls in which an aes- thetic treatment will later be applied. As noted above, the Engineer may require that white or gray sand be used to produce epoxy mortar if a repair will remain visible in its final configuration. Such repair should not be easily discernible if viewed from more than 25 feet away. The Engineer will review other methods proposed for blending repairs. • Curing. The required time for the material to cure properly can increase significantly when the ambient temperature is below approximately 50°F. If artificial means are used to heat the in -situ neat epoxy or epoxy mortar, ensure that the air around the repair material does not exceed 130°F. Moist curing is not required. Commentary The high bond strength of properly mixed and applied Type VIII epoxy mortar makes it a good option for use in thin applications where inclusion of dowels is not practical and excavation behind partially exposed steel would unnecessarily necessitate removal of sound material. Do not use Type VIII epoxy mortar for structural repairs or in other areas where significant movement from loading or temperature variations are anticipated. Stress caused by differential movement at the bond line can develop because the coefficient of thermal expansion of Type VIII epoxy mortar varies significantly from the concrete substrate. This problem can occur even in thin applications if the damage covers a large area. Concrete Repair Manual 3-5 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Description Section 2 — Intermediate Spall Repair Most intermediate spalls, as defined in Section 1 of Chapter 2, are repaired using proprietary, bagged concrete repair materials. Extending bagged cementitious repair material with coarse aggregate can significantly reduce the potential for shrinkage and cracking. When feasible, the Contractor should either use a pre - extended repair material or add coarse aggregate (typically pea gravel) as allowed by the manufacturers. Using extended material is often not practical when using trowel -applied materials in vertical and overhead applications. It is a common misconception that higher compressive strength equals a better repair. In reality, excessively high compressive strength can lead to early failure as a result of excessive loads being transferred into the repair material. Engineers and Contractors should typically select materials that have only enough strength for the intended use. In most cases intermediate spall repairs will be non-structural in nature, and therefore compatible or lower compressive strengths are beneficial. In general, slower strength development means better long term performance. Often, Contractors select rapid strength -gaining repair materials even when it is not necessary to do so. When it is practical, standard (non -rapid) strength -gaining materials should be selected. Batched concrete should generally be used when repairing intermediate spalls in precast fabri- cator yards since it is readily available. Likewise, batched concrete should be used on construction sites when practical. Although bagged mixes can work well when applied correctly, batched con- crete is typically a better alternative since the material properties will very closely match those of the parent concrete. Follow the provisions in Section 3 of Chapter 3 when using batched concrete to repair intermediate spalls. Ensure maximum aggregate size is no larger than 1/3 of the clear space between reinforcement or the cover. For small repair area, the largest of the coarse aggregate can be removed using a sieve to allow the material to flow adequately in the confined repair spaces. Material Proprietary, cementitious repair mortars and concretes (pre -extended with coarse aggregate) typically consists of a mixture of the following: • Prepackaged dry material, and • Either water or a proprietary liquid component supplied by the manufacturer. Concrete Repair Manual 3-6 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Only preapproved materials listed on the MPL for DMS 4655, Concrete Repair Materials, should be used on TxDOT projects. The MPL includes several repair categories. The Engineer should specify on the plans which category or categories are acceptable in specific applications. Use neat materials for applications up to 2 inches thick. Use extended materials for repairs exceed- ing 2 inches. Some neat materials may be extended in the field with appropriate aggregate. Consult the manufacturer's recommendation for aggregate properties and extension proportions. The repair material MPL differentiates between materials that may be extended in the field, those that are pre -extended, and those that are only approved neat. Minimum application thickness can vary depending on the material and size of coarse aggregate (if applicable). Consult the manufacturer's technical data to determine minimum thicknesses when determining minimum acceptable thickness, especially when working with extended materials. For vertical and overhead repairs, limit lift thickness to 2 inches or the maximum permitted by the repair material supplier, whichever is less. Roughen the surface of materials that will receive subsequent lifts, and ensure substrate is clean and saturated surface dry prior to placing additional repair material. Shelf life of repair material is critical, follow manufacturer's published recommendations for storage including temperature and humidity controls. Do not expose material to the environment for extended periods of time. For projects with greater than 1000 square feet of concrete repair, store material off -site. For short durations, not to exceed three days, prepackaged material may be stored on -site but must be raised off the ground and covered in waterproof tarps. Material exposed to the environment and showing signs of packaging wear should not be used until tested and approved by Materials and Tests Division. Retain manufacturer lot tags with packaged date and shelf life for inspection prior to product use. Repair Procedure • Surface preparation. • Remove any damaged or loose concrete. • Avoid damage to sound concrete that is to remain in place. • Unless otherwise approved by the Engineer, use only hand tools or power -driven chipping hammers (15-1b. class maximum) to remove concrete. • If more than 1/2 the perimeter of any mild reinforcement is exposed or if the exposed bar exhibits significant corrosion, remove the concrete from around the entire bar. • Provide 3/4-inch clearance or 1.5 times the largest sized aggregate in the repair mate- rial, whichever is greater, between the steel and surrounding concrete to permit adequate flow of the repair material. Concrete Repair Manual 3-7 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair NOTE: A good rule of thumb is that adequate clearance is attained when you are able to wrap your fingers around the bar. Ensuring that you can grab the bar is a simple but highly effective method of ensuring there is adequate clearance to permit the repair material to flow around the exposed bar. • Do not chip around prestressing strand that is exposed anywhere away from the immediate end of the member. Consult the Engineer when repairing an area in which prestressing strands have been exposed. When repair dictates that chipping occur around exposed strands, the Contractor must avoid striking the strands directly or otherwise causing damage that could lead to wire or strand breaks. • Use abrasive blasting to remove rust from exposed steel surfaces. • Saw -cut the repair perimeters to eliminate feathered edges and to ensure that the repair material will be applied in depths no less than 1/2 inch. • Handheld grinders or saws may be used to square the repair perimeters. • Do not over -cut the repair perimeters at the corners of the repair areas. • When practical, undercut the repair perimeter at an approximate angle of 30 degrees such that the profile will help hold the repair material in place. • Roughen the substrate to ensure that there will be a mechanical bond between the repair material and the parent concrete. Though difficult to quantify and measure, Con- tractor should attempt to attain a minimum surface roughness profile of 1/8 inch or CSP (Concrete Surface Profile) 6 per ICRI. • If the damage occurs at the end of a member and prestressing strand is exposed, recess the strands a minimum 3/8 inch using a torch or other approved method. Do not overheat or damage the surrounding concrete. Concrete Repair Manual 3-8 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Remove damaged or defamirrated concrete- - DAMAGE❑ CONDITION PREPARATION -Square patch perimeters 112" deep minimum. Apply patch material to clean. 55D substrate. PAT C/ii�d: Contain patch material rn intended repair area. Do not smear onto adjacent surfaces - Roughen concrete substrate to promote none of patch material. See Concrete Repair Manual. CONCRETE REPAIR DETAILS Figure 3-1. Typical Repair Details Figure 3-2. Preparation (saw -cutting) straight and squared edges to contain repair material. Concrete Repair Manual 3-9 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Figure 3-3. Chipping hammer used to remove unsound concrete. Figure 3-4. Verifying adequate clearance around reinforcing. Figure 3-5. Abrasive blasting to clean reinforcing of rust/active corrosion. Concrete Repair Manual 3-10 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Figure 3-6. Reinforcing cleaned and free of rust. Figure 3-7. Pressurized water to clean and prepare surface (saturated surface dry). NOTE: In the past some Contractors and Fabricators opted not to recess prestressing strands in spalled areas so the protruding sections could serve as dowels for the repair material. While the strands would serve well as dowels in those circumstances, they could be exposed to moisture and chlorides if the repair fails over the life of the structure. For that reason it is more important that the strand be completely recessed. Install anchors to hold the repair material in place. • Mechanical ties that bind repair material to the substrate can greatly decrease the risk of future delamination and spalling. For most intermediate repairs, exposed steel serves that purpose. However, there are scenarios in which no reinforcement is exposed and thickness of the spall dictates that cementitious repair material be utilized. In such cases it is neces- sary to install anchors to help mechanically tie the repair material to the parent concrete. When no mild reinforcement is exposed, install anchors at no more than 6 inches on center each way or as required by the Engineer. Refer to Standard Specification Item 449 - anchor bolts. The anchors must consist of one of the following and Figure 3-8 shows detail for concrete repair with mechanical anchors: Concrete Repair Manual 3-11 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair • Stainless steel expansion anchors. The Contractor may propose to use other anchors, such as galvanized or zinc -painted metal. The Engineer will review on a case -by -case basis. • Rebar or threaded stainless steel pins (1/2-inch diameter minimum) anchored in place using TxDOT Type III anchoring adhesive. Remove any epoxy that leaks onto the patch substrate after the anchor is placed. Install anchors no more than 6 inches on center each way or as required by the Engineer PLAN Existing Concrete — Mechanical Anchors Repair Material Repair Material Mechanical Anchors with minimum t embedment (specified by the Manufacturer) into the existing concrete -Existing Concrete - Min Cover for stainless steel anchors and 1" Min Cover for non -stainless steel anchors SECTION Figure3-8. Concrete repair with mechanical anchors • If installing expansion anchors: • Drill and clean the holes as required by the anchor manufacturer. Do not use a drill bit that has a larger diameter than that required. • Embed the anchor the minimum amount required by the manufacturer. However, the anchor should not be driven further than necessary. In order to function as intended the head of the anchor must protrude into the repair material. • If installing dowels using anchoring adhesive: • Drill a hole 1/8 to 1/4 inch greater than the dowel diameter. Make the hole deep enough to permit a minimum 4-inch embedment of the dowel. • Remove any contaminants from the hole using a brush or other mechanical cleaner. • Just prior to installing the anchor, clean the hole using a high-pressure air compressor equipped with filters to remove all oil from the compressed air. • Dry the concrete surface inside the hole prior to installing the dowel. • Fill the hole approximately 1/3 full with the adhesive. Twist the dowel as it is inserted. Ensure that the space between the dowel and the concrete is completely filled with the adhesive. Remove all adhesive from the concrete surface that leaks from the hole after the dowel is inserted. NOTE: When using anchoring adhesives it is critical to properly drill and clean the anchor holes and to place a proper amount of material to keep the anchors in place. The drilled holes must be thoroughly cleaned which should include the use of clean high pressure air and mechanical brushing. Also, if there is too little adhesive, the anchor will not have enough pullout resistance. If there is too much adhesive, the material can leak out of the anchor hole and create a bond breaker on the repair substrate. It is imperative that the Contrac- tor follow the manufacturer's instructions and the above guidelines. Concrete Repair Manual 3-12 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair • Where anchors are installed, ensure that there will be a minimum cover of 1/2 inch for stainless steel and 1 inch for non -stainless steel after the repair material is applied. Oftentimes anchors or dowels do not protrude far enough from the concrete substrate, leaving large depths of repair material unanchored to the parent concrete. Contractor should install anchors with the exposed edge of the repair in mind, not the outside sur- face of the parent material. • Substrates must be clean and sound. Remove any contaminants, including laitance, oil, dust, debris, or other foreign particles. • Just prior to repairing, blast the repair area using a high-pressure air compressor equipped with filters to remove all oil from the compressed air. • Mixing. For small applications (less than 1 cubic yard total) use graduated measuring cups or con- tainers to determine the proper quantity of each component per the manufacturer's require- ments, then dispense into a clean container. Thoroughly mix the components by mechanical means (electric drill or mortar mixer) per the manu- facturer' s requirements . Do not mix repair mortar or concrete by hand. • Do not estimate the proper amounts while adding the different components. • For vertical and overhead applications Contractors often need to limit the amount of water or liquid component in order to achieve a stiff mix. Consult the manufacturer's literature for minimum requirements. • If extending the mortar to produce concrete, add aggregate and mix in accordance with the manufacturer's requirements. When mixing more than 1 cubic yard use a mortar mixer, volumetric mixer, or other method approved by the engineer. Contractor must submit detailed procedures on equipment type, proportioning methods, minimum mixing time, and placement. Many cementitious repair materials have relatively short working times (15 to 30 minutes). • Do not mix materials until the surface preparation is complete and the substrate is ready for application of the repair material. • Mix only the amount of material necessary for immediate application. • Review water requirements and temperatures. If the dry materials are left out in the environment, they can easily reach 90°F or higher. In cases where dry materials have elevated temperature, use cooled mix water to ensure workability. When performing repairs between the months of April and September, having ice to add to the mix water or using chilled water should be normal. It is much easier to use cooler repair material. Note that all the material set time and workability time shown on the material's product datasheet is based on a laboratory room temperature of 70°F. • Do not attempt to make the material workable by over -mixing or adding additional liquid after it has begun to set. Over -mixing material that has begun to set can reduce the com- Concrete Repair Manual 3-13 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair pressive strength and increase the permeability of the material. Exceeding maximum water content is bad for long term performance of repair material. • The beneficial properties of bagged mixes are often lost when the repair material is retempered. Retempering of bagged mixes will not be permitted. • Application. Hot and cold weather application. • The temperature of the repair material and the concrete substrate at the time of application must be between 40°F and 95°F. Contractor must also adhere to manufacturer limits if they are more stringent. • Do not apply repair material when the ambient temperature in the shade is below 40°F and falling. Repair material may be placed when the ambient temperature in the shade is 35°F and rising or above 40°F. • Shade the repair material components and the repair substrate if the ambient temperature is above 100°F. In almost all cases, the repair material should be applied over a Saturated Surface Dry (SSD) substrate. ACI CT-13, ACI concrete Terminology, defines sat- urated surface -dry (SSD) as condition of an aggregate particle or other porous solid when the permeable pores are filled with water and no water is on the exposed surfaces. In other words, SSD is achieved when the surface of concrete substrate is saturated with water to a depth of about 1/8 to 1/4 inches, but the exposed sur- face is devoid of free water, as if it had been dried with a towel. Surfaces that will be repaired with a cementitious repair material should be in a saturated surface dry (SSD) condition immediately prior to material application. This condition is achieved by soak- ing the surfaces with water for 2 to 24 hours or pressure water jetting for at least 15 minutes just before repair material appli- cation. Concrete can be visualized like a sponge; when the substrate concrete material can no longer take on water like a sponge that is full, SSD condition has been achieved. Immediately before material application, the repair surfaces should be allowed to start drying. The surface should appear slightly damp, with no standing water. Obtain an SSD condition using the following method: • Several minutes before repairing, apply pressure water blast to the surface for a brief period (at least 15 minutes depending on the porosity of the concrete). An SSD condition is achieved if the surface remains damp until the repair material is applied. Concrete Repair Manual 3-14 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Surface may be damp, but must be free of standing water. Do not use a proprietary epoxy bonding layer in lieu of an SSD substrate unless approved by the Engineer. If use of a proprietary bonding agent is authorized, mix it in accordance with the manu- facturer's requirements. Use only TxDOT approved Type V or Type VII material (refer to DMS 6100 — Epoxies and Adhesives). If trowel -applying the repair material: • Apply over a bonding layer, which typically consists of a scrub coat brushed into the SSD substrate. • The scrub coat consists of a thin layer of repair mortar that is pushed into the surface using a stiff brush, completely covering the substrate and filling all voids. Ensure that there is not an excess amount of water on the brush used to apply the scrub coat. • Do not dilute the scrub coat material with additional liquid. • Apply the repair material while the bonding layer is still wet (scrub coat) or tacky (proprietary bonding layer). • Apply in minimum 1/2-inch and maximum 1 1/2—inch lifts unless otherwise approved by the Engineer. • For multiple lift applications, roughen the surface of the preceding lift before it has reached initial set. • Wait until the preceding lift has reached initial set (refer to the product data sheet for estimated time frame) to prevent sagging prior to applying the next lift. • Wet the surface just prior to applying the subsequent lift. If repairing, using a form -and -pour method: • Prepare and install the forms prior to mixing the repair material. • Ensure that forms are tight enough to prevent grout leakage. • Place the repair material in the forms while the bonding layer is still wet (scrub coat) or tacky (epoxy). • Consolidate the material adequately. Refer to the product data sheet for consolidation instructions . Do not over -vibrate the mix. Do not vibrate self -consolidating concrete products. If required by the Engineer, determine the compressive strength of the repair material by making concrete test cylinders. • Curing. Failures often occur in cement -based repair materials due to inadequate curing. • Large plastic shrinkage cracks can develop if rapid moisture loss occurs before the repair has the capacity to resist tensile loads that develop as a result of the shrinkage. Concrete Repair Manual 3-15 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair • Drying shrinkage can lead to elevated stress levels that cause cracking within the repair material or at the bond line between the repair and the parent concrete. • It is paramount to the long-term success of the repair that proper moist curing commence as soon as possible after application of the repair material, and that it continue for a sufficient amount of time thereafter. After placing repair material, moist cure exposed repair material surfaces for a minimum of 72 hours using wet mats, water spray, or ponding. Do not use a curing compound in lieu of moist cur- ing unless approved by the Engineer. Curing compound will only be considered for use when water curing will be unnecessarily burdensome and when allowed by manufacturer literature. If use of a curing compound is authorized, any remaining residue must be completely removed after the required curing period. In form -and -pour applications, leave forms in place for a minimum of 72 hours after placing the repair material. Place wet mats on exposed sections and over the openings used to place the material. The Engineer may reduce required curing time in some cases, such as when there is a need to return the member to service quickly or when CFRP will be placed over the repair material. Do not allow concrete surfaces to become dry during the specified moist curing period. Ensure that wet mats are kept wet during the entire cycle. Insulate the repair material to ensure that there is adequate heat for curing if ambient tempera- ture is expected to fall below 50°F. If using artificial heating methods, do not heat the air around the repair material to above 130°F. After curing, the repair area will be inspected visually for cracking and sounded by the inspector with firm hammer blows to ensure the repair has adequate bond without cracking and is free of soft or other unsound material. Acceptance of the repair will be based on the findings of this inspection. • Finish. Ensure that the repairs closely resemble the surrounding concrete. Finish repair work as outlined in Item 427, Section 4.3.4 for Off -the -Form Finish. • Blend in the repair area if after completing the work the repair material does not closely resemble the surrounding concrete. Perform blending or slurry coat finish after measurement of repair location has been com- pleted. The Contractor may use a slurry coat finish in accordance with Item 427 to blend in the repair. The Engineer will review other methods proposed for blending repairs. • Repairs should not be easily discernible if viewed from more than 25 feet away. • Measurement will be make prior to blending repair edges with parent material. Concrete Repair Manual 3-16 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 2 Intermediate Spall Repair Commentary When feasible, batched concrete is typically the best option for repairing intermediate spalls. However, it is often not practical to use batched concrete when working on existing structures or, in some cases, on construction sites. Using bagged mixes is also necessary when either trowel -applied or flowable form -and -pour mortar is needed in highly congested or thin applications. Proprietary cementitious repair materials can work effectively if applied correctly. Each step in the repair process (preparation, proportioning, mixing, application, and curing) is crit- ical in the overall performance of the repair material. The requirements set forth in DMS 4655, Concrete Repair Materials, ensure that only high quality materials will be added to TxDOT's pre - approved list. It is imperative that Contractors only use concrete repair materials that have been preapproved for the given application. Concrete Repair Manual 3-17 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 3 Major Spall Repair and Concrete Replacement Description Section 3 — Major Spall Repair and Concrete Replacement Use batched concrete for repairing large spalls and defects in concrete members, or when removing and replacing large concrete components. Using batched concrete ensures that the repair material properties will be the same or similar to the parent concrete. Batched concrete is required in structural applications because it becomes more critical that the repair material have similar material properties as the parent concrete. Proprietary bagged mixes may only be used in structural applications if specifically authorized by the Engineer. Material For new construction, make the repair material using the same concrete mix design that was utilized when the damaged member was originally cast. This applies to precast fabrication yards and construction sites where new structures are being built. In remedial applications, the Engineer will specify which class of concrete should be utilized per Item 421. For repairs, the Engineer should select concrete mixes that closely match the parent material when such information is available via design documents or construction records. Repair Procedure • Surface preparation. • Remove any damaged or loose concrete prior to proceeding. • Avoid damage to sound concrete that is to remain in place. • Unless otherwise approved by the Engineer, use only hand tools or power -driven chipping hammers (15-1b. class maximum) to remove concrete. • If more than 1/2 the perimeter of any mild reinforcement is exposed or if the exposed bar exhibits significant corrosion, remove the concrete from around the entire bar. • Provide 3/4-inch clearance or 1.5 times the largest sized aggregate in the repair material, whichever is greater, between the steel and surrounding concrete to permit adequate flow of the repair material. NOTE: A good rule of thumb is that adequate clearance is attained when you are able to wrap your fingers around the bar. Ensuring that you can grab the bar is a simple but highly effective method of ensuring there is adequate clearance to permit the repair material to flow around the exposed bar. Concrete Repair Manual 3-I8 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 3 Major Spall Repair and Concrete Replacement • The Engineer may require that the steel be coated or that corrosion inhibitor be added to the repair material when reinforcing steel has been exposed. • Do not chip around prestressing strand that is exposed anywhere away from the immediate end of the member. Consult the Engineer when repairing an area in which prestress- ing strands have been exposed. When repair dictates that chipping occur around exposed strands, the Contractor must avoid striking the strands directly or otherwise causing dam- age that could lead to wire or strand breaks. • Use abrasive blasting to remove rust from exposed steel surfaces. • Square the repair perimeters to eliminate feathered edges and to ensure that the repair mate- rial will be applied in depths no less than 1/2 inch. • Handheld grinders or saws may be used to square the repair perimeters. • Do not over -cut the repair perimeters at the corners of the repair areas. • When practical, undercut the repair perimeter at an approximate angle of 30 degrees such that the profile will help hold the repair material in place. • Roughen the substrate to ensure that there will be a mechanical bond between the repair material and the parent concrete. Though difficult to quantify and measure, Contractor should attempt to attain a minimum surface roughness profile of 1/8 inch or CSP (Concrete Surface Profile) 6 per ICRI. • If the damage occurs at the end of a member and prestressing strand has been exposed, recess the strands a minimum 3/8 inch using a torch or other approved method. Do not overheat or damage the surrounding concrete. NOTE: In the past some Fabricators have opted not to recess prestressing strands in spalled areas so they can serve as dowels for the repair material. While the strands would serve well as dowels in those circumstances, they could be exposed to moisture and chlorides if the repair fails over the life of the structure. For that reason it is more important that the strand be completely recessed. Anchors should be installed to hold the repair material in place. • For practically all batched concrete repairs there will be an adequate amount of exposed steel to provide sufficient mechanical anchorage to the parent material. If the Engineer requires that Contractor install additional ties or dowels, select material and install in accordance with the requirements in Section 3.2 for Intermediate Spall Repair. • Adhesive Anchors. • The Engineer will identify anchor or reinforcing steel type in plans. • Anchor the bars using a preapproved Type III anchoring adhesive. Ensure the Con- tractor has either small volume anchoring adhesive cartridges or an injection system for bulk volume anchoring adhesive. Concrete Repair Manual 3-19 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 3 Major Spall Repair and Concrete Replacement • Drill a hole 1/8 to 1/4 inch greater than the bar diameter. Make the hole deep enough to permit a minimum 6-inch embedment of the bar. • Remove any contaminants from the hole, including laitance, oil, dust, debris, or other foreign particles. • Just prior to installing the anchor, clean the hole using a high-pressure air compressor equipped with filters to remove all oil from the compressed air. • Dry the concrete surface inside the hole prior to installing the dowel. • Fill the hole approximately 1/3 full with anchoring adhesive. Twist the bar as it is inserted. For u-shaped bars that cannot be twisted fill the holes approximately 1/2 full with adhesive prior to insertion. • Ensure that the space between the dowel and the concrete is completely filled with adhesive. • Remove all adhesive from the concrete surface that leaks from the hole after the dowel is inserted. • Where supplemental reinforcement is installed, ensure minimum cover of 1 1/2 inch. • Substrates must be clean and sound. Remove any contaminants, including laitance, oil, dust, debris, or other foreign particles. • Just prior to repairing, blast the repair area using a high-pressure air compressor equipped with filters to remove all oil from the compressed air. • Mixing. Produce repair material in accordance with the approved methods for batching concrete. In order to ensure an adequate mix, batch a minimum of one cubic yard of concrete to repair the damaged area even if less volume is required to complete the repair. Ensure that concrete is workable enough when it is placed that it can be adequately consolidated around reinforcing steel, anchors, and other tight places inside the forms. Ensure the maximum coarse aggregate does not exceed 1/3 of the smallest dimension, including reinforcement clearance. Remove large aggregate by wet sieving when necessary. • Application. Hot and cold weather application. • The temperature of the repair material and the concrete substrate at the time of application must be between 40°F and 95°F. • Do not apply repair material when the ambient temperature in the shade is below 40°F and falling. Repair material may be placed when the ambient temperature in the shade is 35°F and rising or above 40°F. • Shade the repair material components and the repair substrate if the ambient temperature is above 100°F. Concrete Repair Manual 3-20 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 3 Major Spall Repair and Concrete Replacement Convey the material to the repair area using approved concrete delivery equipment. Apply the repair material over an SSD substrate. Obtain an SSD condition using the following methods: • Several minutes before repairing, apply high-pressure water blast to the surface for a brief period (15 minutes depending on the porosity of the concrete). An SSD condition is achieved when the surface remains damp after being exposed for 15 minutes. Surface may be damp, but must be free of standing water. Remove all free (ponded) water just before placing repair material. Do not use a proprietary epoxy bonding layer in lieu of an SSD substrate unless approved by the Engineer. If use of a proprietary bonding agent is authorized, mix it in accordance with the manufacturer's requirements. Use only TxDOT approved Type V or Type VII material (refer to DMS 6100 - Epoxies and Adhesives). • Forms. Prepare and install the forms prior to mixing the repair material. Ensure that forms are tight enough to prevent grout leakage. Place the repair material in the forms while the concrete substrate is still SSD. If the parent concrete is no longer SSD, remove the forms and re -spray the surface with a high-pressure water blast. Consolidate the material adequately. Do not over -vibrate the mix. Do not vibrate self -consolidating concrete. If required by the Engineer, make concrete test cylinders to determine the compressive strength of the repair material. If the same concrete mix is being used for production work in another location, the results of compressive strength testing for that work may be used. • Curing. Cure batched concrete repairs for a minimum of 72 hours. For most batched concrete applications, the material should be cured by leaving the forms in place during the entire curing period. Place wet mats on exposed sections and over the openings used to place the material. Do not allow concrete surfaces to become dry during the specified moist curing period. Ensure that wet mats are kept wet during the entire cycle. Insulate the repair material to ensure that there is adequate heat for curing if ambient temperature is expected to fall below 50°F. If using artificial heating methods, do not heat the repair material to above 130°F. After curing, the repair area will be inspected visually for cracking and sounded by the inspector with firm hammer blows to ensure the repair has adequate bond without cracking and Concrete Repair Manual 3-21 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 3 Major Spall Repair and Concrete Replacement is free of soft or other unsound material. Acceptance of the repair will be based on the findings of this inspection. Commentary Batched concrete is typically the best choice when repairing deep spalls and in structural applications. Particularly in new construction, mix designs can be selected to ensure that the material properties will closely match the substrate. Failures at the bond line between the repair material and parent concrete are a common problem due to stresses that develop as a result of loading, differential thermal expansion, drying shrinkage and contraction between the repair and parent material. To that end, using repair material that has a comparable coefficient of thermal expansion and a comparable or lower modulus of elasticity is critical for the long-term success of a repair when significant stresses are likely to develop. Typically, it is not feasible to determine the modulus of elasticity and coefficient of thermal expansion in a member that has already been cast. The best solution is to use the same mix design for the repair material as that used when the damaged member was originally cast, ensuring that the material properties will be similar. Concrete Repair Manual 3-22 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair Description Section 4 — Bridge Deck Repair This section covers bridge deck repairs over relatively small areas. Large-scale deck repair or replacement work should typically include project -specific plans and be in accordance with Item 422, "Concrete Superstructures." The primary use of this section is to address unanticipated localized bridge deck damage that typically must be repaired quickly. The work covered here can be categorized in two ways. First, by depth: (1) partial depth deck repairs, (2) deck repair over precast deck panels (PCP), and (3) full -depth bridge deck repair. Second, by speed: (1) ultra -rapid, (2) rapid, (3) accelerated, and (4) normal. • Defining Bridge Deck Repairs by Depth: • Partial -depth bridge deck repairs are typically performed on full -depth cast -in -place bridge decks. Damage in the top of the deck only (not progressing full depth) is due to initial slab defects such as improper consolidation or insufficient concrete clear cover over the reinforcing steel; abrasion; wear; or top reinforcing mat steel corrosion. • Distress can also occur in the cast -in -place sections of deck above precast concrete panels (PCP's). Regardless of the severity, when performing deck repairs in such cases the cast - in -place portion should be removed to expose the top of the PCP, which then becomes the bonding interface for the repair material. When spalling is occurring above a precast panel, the underside of the panel should be checked for distress. If there is substantial staining on the girder side faces indicating roadway drainage passing through the haunch concrete, panels likely should be replaced with a full depth repair. • When damage extends into the PCP portion of the deck, exhibited by visible cracking on the panel soffit, then it should be treated as a full -depth deck repair. • Full depth repairs are typically performed when partial depth distress has gone untreated and has progressed to full depth distress as discussed in the commentary of this section and when required to perform expansion joint replacement. • Defining Bridge Deck Repairs by Speed (Required Return to Service): • Often, the factor that trumps all others in bridge deck repair work is the need to return a structure to service quickly. Bridge deck failures and consequent lane closures can have hugely detrimental impacts on traffic, particularly in urban environments. Over the years, repair material suppliers and contractors have become accustomed to the need for extraordinarily quick turnaround, and have catered their services around that need. However, it has been observed that re -repair of previously repaired decks occurs frequently when the rapid strength gaining materials are used. This is further expanded upon in the commentary of this section. Concrete Repair Manual 3-23 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair • In this section there are four categories of repair material based on the needed return to service time. Ultra -rapid repair material can attain sufficient compressive strength for return to service in 2 to 4 hours. Rapid repair materials can generally be returned to service in 6 to 8 hours. Class K material is batched concrete designed specifically in deck repair applications for accelerated strength gain and return to service, usually in less than 12 hours (not including moist curing time). Class S concrete is the best long term solution but can take several days to achieve sufficient strength. Follow the plan requirements related to required strength prior to opening to traffic. If no guidance is provided, provide concrete able to obtain a minimum of 3,600 psi compressive strength prior to opening to traffic. Selecting an Appropriate Repair Material An appropriate repair material can be selected once a project has been categorized based on the needed return to service. For depths exceeding 3 inches use material extended with coarse aggregate. • 3 hours: Use a preapproved Type B Ultra -Rapid Repair Material meeting the requirements of DMS 4655, Concrete Repair Materials. • 6 hours: Use a preapproved Type A Rapid Repair Material meeting the requirements of DMS 4655, Concrete Repair Materials. • 24 hours: Use Class K concrete. These are typically specialty mix designs supplied by a Ready -Mix plant. Mix design requires review and approval from the Engineer. Depending on the capabilities of local Ready -Mix plants this option may or may not be available. • 2 to 4 days: Class S concrete mixes, which are used to cast new bridge decks, offer the best likelihood of long term serviceability. However, it can take several days before the concrete has sufficient strength for return to service. Engineer should review the history of the proposed Class S mix to ensure that relatively fast strength gain (less than 4 days) is likely to occur. Even with rapid strength gain, Class S mixes should be moist cured for 72 hours (absolute minimum 48 hours). For batched concrete, provide mixes meeting the requirements of Item 421, Hydraulic Cement Concrete. Note that typical Class HES mixes may not be classified as structural concrete, and should not be used, unless otherwise approved. Repair Procedure • Mixing. • Except in very small applications (less than 1 cubic yard), use a mortar or volumetric mixer. Ready -Mix suppliers and trucks should typically provide batched concrete (Class K or Class S), though the Engineer may approve volumetric mixers on a case -by -case basis. Concrete Repair Manual 3-24 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair • For small applications (less than 1 cubic yard total), mix the components thoroughly by mechanical means (electric drill or mortar mixer) per the manufacturer' s requirements. Do not mix repair material by hand. • Regardless of the mixer type, carefully proportion the water to ensure water -to -cement ratio falls within manufacturer limits. Do not guess at proper quantities or add water to attain a desired consistency. NOTE: Contractors often use "5-gallon" buckets to proportion water. The actual volumes of these buckets can vary significantly. The Contractor and Inspector should verify actual volumes rather than assuming the buckets actually hold exactly 5 gallons. • Do not mix material until surface preparation is complete. Ensure that there are sufficient amounts of material, mixing equipment, and labor to provide a continuous supply of mixed concrete until the placement is complete. Take sufficient steps to prevent cold joints between lifts, keeping in mind that many proprietary materials set up very rapidly (less than 15 minutes) in hot weather. • Removal of Concrete. • Saw -cut the perimeter of the proposed repair approximately 1/2 to 3/4 inches but do not cut existing reinforcing steel. Adjust depth as necessary to avoid damaging deck steel. • Use power -driven chipping tools or hydro -demolition equipment to remove concrete. Avoid damage to sound concrete to remain. Contractor may use up to 30-1b. hammers for the bulk of the work. However, 15-1b. hammers or smaller must be used at the base and perimeter of the repair area to avoid damaging the surrounding concrete. • Remove additional concrete as necessary to keep the repair area to a reasonably uniform depth. • Partial -Depth Deck Repair • Remove a sufficient amount of damaged concrete to ensure that the remaining deck is sound. Provide a uniformly rough surface with a chipped appearance (1/4 inch minimum surface profile or ICRI Concrete Surface Profile 9). • Even if defective material does not extend beyond top layer of reinforcement, remove enough concrete to ensure there is minimum 3/4 inch clearance below the top layer of steel in order to provide mechanical bond for new patch material. • Repairs over precast deck panels (PCPs) : Completely remove cast -in -place concrete to expose roughened PCP surface. Ensure that demolition operations do not dam- age the PCPs. • Full -Depth Deck Repair: Square or slightly undercut the repair perimeter. • The Engineer or the Inspector may sound the perimeter of the repair area to determine whether concrete removal operations caused damage beyond the intended perime- ter. If that is the case the repair area must be extended to include the unintentionally damaged area. Concrete Repair Manual 3-25 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair • For full -depth repairs, remove the concrete and place forms in accordance with Item 422, Concrete Superstructures, or as approved by the Engineer. • Obtain approval from the Engineer of the completed concrete removal before proceeding with surface preparation. • Reinforcing Steel. • Remove all rust and other deleterious material from reinforcing steel. • For non -epoxy coated reinforcing and for epoxy coated steel bars with coating failure, abrasive blast clean steel. Inspect cleaned steel for damage. Replace bars when cross- section is reduced greater than 25 percent. • Apply an approved epoxy coating to repair minor damage to existing epoxy coated bars. • When the original epoxy coating on the bars was removed by abrasive blasting, apply an epoxy coat around the entire circumference of the bars extending a minimum of 3 inches from the repair perimeter into the repair area. • Install reinforcing steel as indicated on the plans or as directed by the Engineer. Place reinforcement parallel to the finished surface. Lap adjacent sheets or bars at least 6 inches and tie them together securely at a spacing of at most 18 inches. • Pre -bend reinforcing steel fabric to fit around corners and into re-entrant angles before installing it. Place and secure reinforcement to prevent displacement due to repair material application. • Surface Preparation. • Just prior to repairing, thoroughly clean the concrete surfaces (bottom and sides). • Clean the area to be repaired by high-pressure water blasting, or other approved methods. Remove all loose particles, dirt, deteriorated concrete, or other substances that would impair the bond of the repair material. Follow this with a high-pressure air blast for final cleaning. • Ensure the surface of the existing concrete is in a saturated surface -dry (SSD) condition but remove all free (ponded) water just before placing repair material. Achieve an SSD condition by high-pressure water blasting at least 15 minutes before placing the repair material. • Formwork. • Formwork should be tight to prevent leakage of grout or mortar. • Formwork surfaces should not be too hot, preferably not higher than 90°F, to avoid flash set of fresh concrete. • Placement. • Place the repair material onto the prepared surfaces. Consolidate using immersion -type vibrators or other methods acceptable to the Engineer. Concrete Repair Manual 3-26 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair • Curing. Moist curing is often neglected in deck repairs due to the need to return the bridge to service quickly. However, lack of adequate curing leads to problems on deck repair materials just as it does on any other cementitious repair. Bridge deck repairs should be moist cured for as long as possible. Although 72 hours of curing time is ideal, that is seldom practical in deck repair applications. Even a few hours of moist curing can be beneficial. Steps for full -depth deck repair • Define repair boundary areas • Sound the concrete to determine the boundary of repair area. • Typically add 3 in. in both directions unless otherwise noted on plans. • Delineate straight edges for repairs. • Saw cut the repair boundary repair boundary areas • Square or slightly undercut the repair perimeter. • Do not cut reinforcement steel • Remove deteriorated/unsound concrete • Use power -driven chipping tools or hydro -demolition equipment to remove concrete. Avoid damage to sound con- crete to remain. Contractor may use up to 30-1b. hammers for the bulk of the work. However, 15-1b. hammers or smaller must be used repair area to avoid • Installation of formwork • Formwork should be material. at the base and perimeter of the damaging the tight to surrounding concrete. prevent leakage of repair • Prepare repair area • Clean the area to be repaired by high-pressure water blasting, or other approved methods. • Use abrasive blasting to remove rust from exposed steel surfaces. • Remove all loose particles, dirt, deteriorated concrete, or other substances that would impair the bond of the repair material. Follow this with a high-pressure air blast for final cleaning. • Mixing Concrete Repair Manual 3-27 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair • Prepare repair material in accordance with the approved methods for batching concrete. • Place and finish concrete • Place the repair material onto the prepared surfaces. Consolidate using immersion -type vibrators or other meth- ods acceptable to the Engineer. • Distribute the concrete evenly to avoid the need of excessive shoving. Use vertical penetrations of an approved vibrator to adequately consolidate the concrete. Do not drag the vibrator through the mix as this may cause segregation and loss of entrained air. • Cure and insulate concrete • Curing is important to help the concrete achieve intended strength and durability. Figure3-9. Saw -cutting along defined repair boundaries Concrete Repair Manual 3-28 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair Figure 3-10. Remove deteriorated/unsound concrete Figure 3-11. Installation of formwork Concrete Repair Manual 3-29 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair Figure 3-12. Repair area preparation (high-pressure water blasting, or other approved methods to remove dust and debris. Abrasive blasting to remove rust from exposed steel surfaces) Concrete Repair Manual 3-30 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair Figure 3-13. Placing the concrete Figure 3-14. Finishing the concrete Concrete Repair Manual 3-31 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair Figure 3-15. Cure and insulate concrete Commentary Shallow deck repairs are notorious for exhibiting poor performance. One common cause of early failure is debonding between the repair material and the substrate. Repair material applied over large areas but in thin applications tend to build up very high stresses at the bond line, leading to premature failure. To remedy this the Contractor should excavate below the top layer of steel, which serves two purposes. First, the reinforcing cage provides a mechanical tie for the repair material to the rest of the deck. Second, it helps to prevent overly thin applications that have little chance of performing well. Another common cause of premature failure is that partial -depth repairs are often implemented when full -depth would have been more appropriate. The deck soffit should be inspected at partial Concrete Repair Manual 3-32 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 4 Bridge Deck Repair depth repair locations looking for areas of distress that could be weak and fail when the upper surface is being removed. Partial -depth repairs are typically easier to perform because they do not require installation of formwork or road closures under the bridge. Bridge deck distress oftentimes progresses full depth, as evidenced by cracking in the deck soffit. If map pattern cracking is visible, or if there is widespread cracking with efflorescence and rust staining, then full depth repairs should usually be implemented in lieu of partial -depth. Intended partial -depth deck repairs can unintentionally become full -depth repairs if the Contractor utilizes equipment too heavy for the application. Contractors should not use equipment larger than necessary to perform the required demolition work, and must stay within the applicable limits outlined in the "Surface Preparation" item below, unless specifically allowed otherwise by the Engineer. No additional compensation for full depth repairs caused by contractors operations will be made. While rapid strength gain is beneficial for returning a bridge to service, it typically has detrimental effects for the repair material. Short duration curing of the cementitious material can prevent even distribution of the hydration products. Also, early return of ser- vice induces stresses into concrete that can create microcracking and other defects even when the compressive strength is high. Because deck repairs must usually be performed quickly, Engineers and Contractors often select rapid methods even when they are not necessary. It is imperative that, when feasi- ble, slower -hydrating materials and longer curing cycles be utilized. The faster the return to service, the shorter the anticipated service life of the repair. Concrete Repair Manual 3-33 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 5 Crack Repair Pressure -Injected Epoxy Description Section 5 — Crack Repair — Pressure -Injected Epoxy Pressure -inject TxDOT Type IX low -viscosity epoxy resin into concrete cracks to restore structural integrity of damaged members or to prevent water and chloride infiltration. Depending on the epoxy resin material, cracks as narrow as 0.002 inches can be injected with epoxy resin. However, it is often difficult to effectively fill cracks that are narrower than 0.005 inches. It is important to use a crack gauge to get accurate readings on crack widths. Material Crack Injection Material: TxDOT Type IX low -viscosity epoxy resin (ASTM C 881 Type IV, Grade 1) typically consists of two liquid components that are combined automatically during the pressure injection process. Epoxy for Sealing the Surface of Cracks: TxDOT Type V or VII concrete epoxy adhesive. Use only material that is approved by TxDOT and the crack injection material manufacturer. Refer to DMS 6110 and MPL for Epoxies and Adhesives for additional information. Also refer to approved manufacturers and products list. Use material not included in the approved MPL only if authorized by the Engineer. Repair Procedure • Surface Preparation. • Drill holes to permit installation of the injection ports or mount the ports on the surface as required by the manufacturer. Space the ports at appropriate intervals as outlined in the Application section that follows. • Clean the interior of vertical cracks from bottom to top using either com- pressed air or vacuum systems to remove all loose materials entrapped in the cracks. • In some cases, it may be difficult or impossible to sufficiently remove dust or debris from inside the cracks. • If the debris is only near the surface, drill holes for the injection ports away from the exposed portion of the crack. Drill the holes at an angle so the injection ports intersect the crack beneath the surface away from the dust and debris. • When using compressed air ensure that the debris is not being forced deeper into the crack. Concrete Repair Manual 3-34 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 5 Crack Repair Pressure -Injected Epoxy • Consult the Engineer if it appears that debris in the crack could hinder proper injection of the epoxy resin. • Remove contaminants where the surface seal will be applied, including laitance, oil, dust, debris, or other foreign particles. • Unless the manufacturer or the Engineer specifically requires otherwise, do not grind the concrete around the crack to remove contaminants or provide a V-shaped groove along the crack. • Grinding can force dust into the crack and consequently hinder proper flow of the epoxy resin. • If a V-shaped groove is cut into place along the crack, carefully remove the dust using compressed air and/or high-pressure water blasting. Do not commence the surface sealer application or injection work until the crack and concrete surface have dried. • Mixing. Mix the epoxy surface seal as required in the manufacturer's technical literature. Epoxy Injection Resin: Use portable injection equipment capable of automatically mixing the liquid components at the proper proportion during the pressure injection operation. • Application. Install the injection ports. • Place the ports directly on the crack or in drilled holes that intersect the crack. • Install the injection ports at appropriate intervals along the crack. • The port spacing should not exceed the depth of the crack. If the depth of the crack is not known, space the ports as recommended by the resin manufacturer. • If the crack projects through the entire concrete section, the intervals between ports should not exceed the section depth. • Ensure that the ports are placed in locations where the crack is not too narrow or clogged with debris to permit adequate flow of the epoxy resin. • Anchor the injection ports and seal the surface of the crack between ports using a sealer as required by the resin manufacturer. • Allow sufficient time for the sealer to cure before commencing the resin injection. • The sealer must have adequate strength to hold the injection ports in place and withstand the pressure along the crack during the injection operations. • Apply sealer over the surface of the crack on the backside if the crack extends completely through the concrete section. • Pressure -inject the epoxy resin into the crack through the ports. • Use a positive displacement pump, air -actuated caulking gun, or paint pressure pot as rec- ommended by the epoxy resin manufacturer and approved by the Engineer. Concrete Repair Manual 3-35 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 5 Crack Repair Pressure -Injected Epoxy • If working on a vertical surface, start injecting at the lowest port and work upwards. • Maintain adequate pressure until resin emerges from the adjacent port. • If resin does not emerge from the adjacent port, stop the work and reevaluate the crack. • Ports may need to be placed more closely together or debris cleared from under the existing ports. • As noted above, ports should be installed at an angle so they intersect the crack at a deeper point if debris is clogging the crack near the concrete surface. • Inadequate flow of the epoxy resin may be a sign that the crack is either too shallow or too narrow for pressure injection to serve its purpose. • If the epoxy begins to flow out of a nonadjacent port, temporarily plug that port until the epoxy begins to flow out of the adjacent port. • Once the resin appears in an adjacent port, remove the injection nozzle, seal the port, and begin injecting in the adjacent port. • Move the equipment to the adjacent port and proceed with the epoxy resin pressure injection. • Remove the injection ports and surface sealer after the epoxy resin has been given adequate time to cure. Resin material should not flow from the crack after the surface sealer is removed. • Finishing. • Grind away any epoxy resin or surface sealer residue that is left on the concrete surface after the injected material has had sufficient time to cure. Commentary Injection of concrete cracks with epoxy resin takes a great deal of skill and expertise. The repair crew should receive hands-on training from a technical representative from the resin manufacturer before proceeding with the work, or the Contractor should retain a specialty firm to perform the work. Concrete Repair Manual 3-36 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 6 Crack Repair Gravity -Fed Sealant Description Section 6 — Crack Repair — Gravity -Fed Sealant Use TxDOT Type IV low -viscosity, gravity -fed sealant to fill cracks to help prevent water and chloride infiltration into concrete. Depending on the type of sealant used, cracks with widths as narrow as 0.004 inches can be filled using gravity -fed material. Use a crack gauge to get accurate readings on crack widths. Material TxDOT Type IV low -viscosity, gravity -fed sealant typically is made by combining two proprietary liquid components in the ratio required by the manufacturer. Refer to DMS 6110 and MPL for Epoxies and Adhesives for additional information. Also refer to approved manufacturers and products list. Use material not included in the approved MPL when specified on the plans or if authorized by the Engineer. Provide dry, coarse sand to apply to deck surface when flood coating with sealant is specified. The sand should be able to provide long-term skid resistance, with min- imum 60o acid insoluble residue per Tex-612-J. Repair Procedure • Surface Preparation. • Remove contaminants where the epoxy will be pooled around the crack, including laitance, oil, dust, debris, or other foreign particles. • The epoxy will not work effectively in cracks that are filled with contaminants. Use compressed air to remove debris and other foreign particles from inside the crack. • Ensure that concrete is sufficiently dry prior to applying the epoxy. • For cracks that extend completely through the concrete section, seal the crack on the back or underside of the concrete to prevent the epoxy material from flowing out. Remove the surface sealer after the gravity -fed epoxy has had adequate time to cure. • Mixing. • Measure the quantity of each component per the manufacturer's requirements, then dispense into a clean container. Do not estimate the proper amounts while adding the different components. Follow the product specifications for maximum time allowed for Concrete Repair Manual 3-37 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 6 Crack Repair Gravity -Fed Sealant use after mixing. These materials have short pot life when left in a container and if left too long they will flash set. • Mix the components thoroughly for 3 minutes using a low -speed electric drill (400 — 600 rpm) and a clean "Jiffy" type mixing paddle. Ensure that the material is well -blended after mixing. • Do not mix gravity -fed epoxy material by hand. • Application. • Pour sealant directly on cracks within the treatment area. Distribute the sealant over the surface to be treated within the lot size that can be accommodated for the particular sealant being sealed. Brush grooved cracks with heavy nap roller. Pull additional sealant material onto crack using squeegee or broom and then re -brush crack with heavy nap roller. • If applying on grooved surface, remove excess sealant from deck surface and brush or broom out epoxy from texture grooves. Do not allow the ponded sealant to stiffen, and do not allow sealant to remain in the grooves on the bridge deck. • Broadcast or spread sand onto the still tacky sealant within 10 to 20 minutes of the last application of sealant. Apply the sand at a rate of 15 to 20 lb. per 100 sq. ft. of area. • Contractor may propose alternate application techniques that meet manufacturer requirements. • When sealing isolated cracks and flooding the surface will not be done, install temporary dams around the crack so the pressure head of the gravity -fed epoxy will build up. Install the dams using a material that will prevent the epoxy from spreading over the concrete surface, and that can be removed after the repairs have been completed. Leave the pooled epoxy in place for at least one hour. Refill the dammed area as necessary if the epoxy drains completely into the crack. NOTE: Although a wide variety of materials will work for constructing temporary dams for pooling gravity -filled epoxy, plumbers putty is a good option because it does not require any curing time and it can be very easily removed after use. Commentary Gravity -feeding epoxy is an effective method for filling the tops of cracks. However, the depth of penetration can be variable. Limit its use to shallow cracks or locations where deeper cracks are acceptable, but protection from water and chloride infiltration is necessary. Gravity -feeding sealant is an effective method for filling the tops of cracks. However, the depth of penetration can be variable and often times it will not penetrate the cracks more than 1/4". The pri- mary use of gravity -fed sealants is to address relatively shallow bridge deck cracking, which when used correctly, will provide a barrier keeping water and chloride from reaching the reinforcing steel. Concrete Repair Manual 3-38 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 7 Crack Repair Surface Sealing Description Section 7 — Crack Repair — Surface Sealing Occasionally there is a need to seal cracks to prevent infiltration of water, chlorides, and other contaminants. While other crack sealing techniques can restore capacity or provide for complete filling of a crack, the methods outlined in this section only cover sealing the cracks at the outer surface of the concrete. Method 1: Rout -and -Seal Cracks • Routing and sealing cracks can be an effective way to prevent water infiltration in cracks in which a small amount of movement is anticipated due to service loads, thermal effects, or other causes. • When routing a crack, the Contractor should use a grinder to create a V-shaped groove, with the crack centered in the groove. Though it can vary depending on the application, the grooves should typically be about 3/8 inch deep. • For cracks in which a significant amount of movement is anticipated, bond breaker tape should be placed at the bottom of the groove prior to sealing. The tape must stay at the bottom of the groove in order to be effective. The bond breaker allows for 2-sided rather than 3-sided adhesion, which permits much greater elasticity of the sealant. NOTE: Although good in principle, it is difficult to place bond breaker tape in the bottoms of the grooves such that the tape will not move during application of the sealant. If the bond breaker moves up it can reduce or eliminate the bonding surface on one side of the joint, eliminating their effectiveness. When used, the Contractor must take great care to ensure that tape stays in its intended location. • After grooving, ensure substrates are clean and sound. Remove any contaminants, including laitance, oil, dust, debris, or other foreign particles. • Fill the groove using a preapproved Class 4 low -modulus silicone meeting the requirements of DMS 6310, Joint Sealants and Fillers or Type V adhesive meeting the requirements of DMS 6100, Epoxies and Adhesives as specified on the plans. Method 2: Surface Sealing • Sealing the surfaces of cracks simply involves applying an adhesive directly over the crack to prevent infiltration of water, chlorides, and other contaminants. • Sealing the surfaces of cracks should only be employed when no significant crack movement is anticipated. This can apply to minor cracks in compression members, or in cracks that occur in prestressed members as a result of fabrication, detensioning, or handling issues. Concrete Repair Manual 3-39 TxDOT 03/2021 Chapter 3 Repair Materials and Procedures Section 7 Crack Repair Surface Sealing ♦ For sealing cracks at the outer concrete surface, apply a preapproved Type VIII or Type X epoxy that meet the requirements of DMS 6100, Epoxies and Adhesives. Work the epoxy into the crack, then remove any excess epoxy from the surface before it sets. Concrete Repair Manual 3-40 TxDOT 03/2021 Exhibit 7 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence 1 aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,0001$500,0001$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Page 1 of 3 Exhibit 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will providea 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 (1D) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, andfor withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 Exhibit 3 G. Nothing herein contained shall be construed as 1 imiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. [. It is understood and agreed that the insurance required is in addition to and separate frorn any other obligation contained in this agreement. Page 3 of 3 City of Corpus Christi EXHIBIT 8 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: STREET ADDRESS: P.O. BOX: CITY: STATE: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Participation Agreement for Street Infrastructure Improvements Ordinance authorizing a Participation Agreement ("Agreement") with MPM Development, LP ("Developer") for the City's share of the cost for the oversizing of the PCCP/RCCP street infrastructure improvements on Lady Alexa and Natasha not to exceed $415,460.61 for the development known as King's Landing Unit 9, located north of Lady Alexa Dr and west of London Pirate Road (District 3). City Council October 22, 2024 Location Map Location Map King's Landing Unit 09 2 Total Cost Estimate LADY ALEXA DR. COST OF 50' BB ASPHALT STREET (C3) ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 8" PCCP/RRCP TO LIP OF GUTTER 3283 SY 90.00 295,471.20 2 12" LIME STABILIZED SUBGRADE TO 2' BC 3549 SY 42.00 149,038.73 3 12" PORTLAND CEMENT STABILIZED SUBGRADE TO 2' BC 3549 SY 30.00 106,456.23 4 EXCAVATION TO 2' BC 3549 SY 3.00 10,645.62 $561,611.78 COST OF 28' BB STREET ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 7" PCCP/RRCP TO LIP OF GUTTER 1765 SY 69.00 121,756.56 2 8" LIME STABILIZED SUBGRADE TO 2' BC 2027 SY 26.00 52,697.09 3 8" PORTLAND CEMENT STABILIZED SUBGRADE TO 2' BC 2027 SY 20.00 40,536.22 4 EXCAVATION TO 2' BC 2027 SY 3.00 6,080.43 $221,070.30 CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST $340,541.48 13% ENGINEERING, SURVEYING, & TESTING $44,270.39 7% CONTINGENCY $23,837.90 2% BOND $6,810.83 TOTAL AMOUNT REIMBURSABLE $415,460.61 3 Recommendation Approval Staff recommends approval of the developer participation agreement with MPM Development, LP to reimburse the developer up to $415,460.61 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. Future King's Landing Unit 09 CHLOE CAY ST. Pat : C: Users dame m9 OneDrive - City o Corpus iristi Documents\ArcGTS Projects \Location_Maps Location_*aps.aprx SR: 17462 Date Creat-.: 1 6 2025 AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2025 DATE: TO: January 14, 2025 Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Acceptance of legal responsibility for the Michael J. Ellis (North Padre Island) Seawall CAPTION: Resolution to accept the easements that dedicate the Michael J. Ellis Seawall on North Padre Island, located in District 4, to the City, and the City is taking on legal responsibility to maintain and repair the Seawall in accordance with Article X of the City Charter. SUMMARY: The resolution accepts the easements that dedicate the Michael J. Ellis Seawall on North Padre Island to the City. The City has legal responsibility and authority to maintain and repair the Seawall in accordance with state and federal law and perform disaster -related restoration of the Seawall. BACKGROUND AND FINDINGS: The Micheal J. Ellis Seawall and Beach is a popular destination for both tourists and locals. The seawall was originally built in the late 1960's by the Padre Island Investment Corporation (PIIC). In 1980, Hurricane Allen severely damaged the seawall. Since it was privately owned, the extensive repairs were not eligible for FEMA Public Assistance (PA). The adjoining owners had to assess themselves to make the needed repairs. For repairs to qualify for FEMA PA funding in the event of damage from a future disaster, the Seawall must fall under the legal responsibility of a political subdivision. During the council meeting of August 27, 2024, Council approved a motion to acquire easements for the North Padre Island Seawall Improvements project. On December 10, 2024, the City secured all easements from the 15 tracts fronting the seawall. The easements grant the City ownership of the Seawall and the legal responsibility of repairing and maintenance of the North Padre Island Seawall. The Seawall will become a public asset like any other privately built infrastructure that is dedicated to the public such as streets or utility infrastructure. The City has the right to construct, maintain, repair, reconstruct, and operate the seawall as a retaining wall for erosion control and pedestrian use. By formally accepting the North Padre Island Seawall as public asset, the Seawall is eligible for FEMA PA funding in the event of damage from a future disaster. On July 18, 2023, and subsequently on July 23, 2024, the Tax Increment Reinvestment Zone (TIRZ) #2 Board approved a total of $3,900,000 in the FY24 and FY25 Budget for the North Padre Seawall Repairs. A total budget of $15 million was allocated to the North Padre Island Michael J. Ellis Seawall Improvement Project. The City Council awarded a contract to Hanson on December 10, 2024 to produce bid documents for the contemplated seawall repairs and upgrades. That effort is underway. Staff is planning to sequence activities so that construction can begin as soon as possible after Labor Day this year. ALTERNATIVES: Council can choose not to accept legal maintenance responsibility for the Michael J. Ellis (North Padre Island) Seawall. Individual property owners will remain responsible for the seawall maintenance. FINANCIAL IMPACT: No financial impact to approving this resolution. RECOMMENDATION: Staff recommends approval of resolution to accept the legal maintenance responsibility for the Michael J. Ellis (North Padre Island) Seawall. LIST OF SUPPORTING DOCUMENTS: Resolution Location and Vicinity Maps Resolution accepting legal responsibility to maintain and repair the Michael J. Ellis Seawall on North Padre Island, which is dedicated to the City, located in Council District 4. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Michael J. Ellis Seawall, aka North Padre Island Seawall, "Seawall" is hereby accepted as property of the City of Corpus Christi, and the City declares jurisdiction over the Seawall. SECTION 2. The City has legal responsibility and authority to maintain and repair the Seawall in accordance with state and federal law and perform disaster -related restoration of the Seawall. SECTION 3. The City has no contractual obligation to any individual or other entity for any of the duties stated herein. PASSED and APPROVED on the day of , 2025. CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary Ownership List (12-10-2024) 1. Island House Council of Co -owners — Patsy Mitchusson patsy.mitchusson@gmail.com 2. Axys Capital Credit Fund LLC — Charles Duffley cduffley@tam-Ilc.com 3. Chhabila Property LP — Rupak Patel 4. Padre Island South LLC — Raju Bhagat ajubhagat@gmail.com 5. Padre Island North LLC — Raju Bhagat rajubhagat@gmail.com 6. Padre Island North LLC — Raju Bhagat rajubhagat@gmail.com 7. C & P Monarch LP — Rupak Patel 8. Portofino Council of Co -Owners, Inc. — Bill Newman Portofino15002@yahoo.com 9. City of Corpus Christi 10. RM Property Tx Two LLC — Jodi Leitner/Brad Nelson jleitner@seemorghinvestments.com 11. Beachfront Hospitality Ltd — Rick Patel rick.patel@ndkvinvestments.com 12. RM Property Tx LLC — Jodi Leitner/Brad Nelson jleitner@seemorghinvestments.com 13. Gulfstream Council of Co -owners — Lou Lutostanki Ilutostanski@att.net 14. El Constante Condominiums — Dan Brown danandlizbrown@vahoo.com 15. The Pathway to the Sea Community — Shane Warnick shane.warnick@gmail.com Bold — Easement Acquired (14 of 14) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATI. FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THAT ISLAND HOUSE COUNCIL OF CO -OWNERS, INC. whose address is 15340 Leeward Drive, Corpus Christi, Texas 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASE 1 S is attached and incorporated as "Exhibit ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. KNOW ALL BY THESE PRESENTS: Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: • No fences, walls, - u anent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. • No utility cables, lines or wires will be erected above ground. • Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. • Practicable and continuous means of beach access will be maintained during construction. • The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. • The maintenance easements will be returned to their original condition following any use of the easements. • No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. • Grantee will provide two weeks of notice prior to the start of construction activities. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. By: kei Printed name: Gerald C. Carruth Title: President, Island House Council of Co -Owners, Inc. THE STATE OF TEXAS COUNTY OF NUECES MARIE A AGUIRRE **..i;S Notary Public, State of Texas Vat. 'i Comm. Expires 03-27-2026 Notary ID 13150764-4 This instrument was acknowledged before me on No v 4rni 8 2024, by Gerald C. Carruth as President of the Island House Council of Co -Owners, Inc. in said capacity and on behalf of said Texas Nonprofit Corporation. Notary Public in and for the State of Texas ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on Novo.), 6 44- /3 , 2024. G NTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services R O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds. P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF By: For THE CITY ATTORNEY Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT , 2024. 2 I EXHIBIT DECLARATION OF CONDOMINIUM OF ISLAND HOUSE OF PADRE ISLAND, TEXAS For the purpose of establishing a condominium regime subject to the provisions of Vernen's Annotated Civil Statutes of the State of Texas, Art. 1301a, Seashore Investments, Inc., a Texas corporation, herein called "Developer", for itself, its successors, grantees and assigns, hereby makes this Declaration of Condominium, and for such purpose, Developer does hereby make the declarations hereinafter set forth, and Developer hereby submits (and expresses its desire to submit) the following described land together with all buildings and improvements thereon erected, or to be erected and completed, to the condominium form of ownership in accordance with the pro- visions of the Condominium Act of the State of Texas and the provisions of • this declaration hereinafter set forth. The description of such land so sub- mitted and dedicated is as follows: Tract B, Block 42, Padre Island -Corpus Christi, Section A, a subdivision in Nueces County, Texas, which subdivision is shown by map recorded in Volume 33, at pages 97, 98 and 99 of the Map Records of Nueces County, Texas. Definitions and Description of Project 1.1 Name: The property shall have the name "Island House". 1.2 Definitions: Bylaws - All references to bylaws herein shall be deemed to include bylaws or other governing rules adopted by the Council as an unincorporated association, and the articles of incorporation and bylaws of the Council as a nonprofit corporation. Buildings shall initially mean the three buildings erected or to be erected upon the property and shall also include any additional buildings erected thereon.' Building means one of the apartment buildings being erected or to be erected on the above described property.' Common -Expenses means the expenses of the project and -operation there- of to be borne and shared in common by all of the apartment owners proportion- ately as set forth herein. NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH. 2023 AND FEBRUARY 26, 2024. ISLAND HOUSE OF PADRE ISLAND CONDOMINIUMS VOL. 4, PG 37 C.R.N.C.T. TRACT B, BLOCK 42 PADRE ISLAND SECTION A VOL. 33, PG 99 M.R.N.C.T. LEGEND P.O.B. C.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. • 0 SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL POINT OF BEGINNING CONDOMINIUMS RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER EXHIBIT I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/27/2024 JOB NO: 2023.1823 DRAWING NAME: 1-ISLAND CONDOMINIUMS SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR THE ISLAND HOUSE OF PADRE ISLAND CONDOMINIUMS LOCATED IN TUPLSFI0194575 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1089 Aransas Pass, TX 78338 (3811334-5719 - tbsmith.com REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE - P:1Y-2023\2023.1823\DWG13-4-29-202411-EASEMENT DESCRIPTION\1-ISLAND CONDOMINIUMS.DWG IN_ FOUND 5/8" IRON ROD LEEWARD DRIVE THE PATHWAY TO THE SEA COMMUNITY IMPROVEMENT ASSOCIATION, INC PART OF LOT 1B, BLK 3 LAKE PARADE SOUTH DOC. NO. 2018018322 O.P.R.N.C.T. P.O.B. N:17,108,746.6' E:1,401,598.1' ISLAND HOUSE OF PADRE ISLAND CONDOMINIUMS VOL. 4, PG 37 C.R.N.C.T. TRACT B, BLOCK 42 PADRE ISLAND SECTION A VOL. 33, PG 99 M.R.N.C.T. CO N 10' MAINTENANCE 1 EASEMENT N24°21'24"E 260.08' 5/8" IR- ON ROD W/ CAP URBAN ENGINEERING AXYS CAPITAL CREDIT FUND, LLC No. 2018029126 O.P.R.N.C.T. TRACT A PADRE ISLAND -CORPUS, SECTION —I— NO. A VOLUME 33, PAGE 97-99 M.R.N.C.T. N N FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE CONCRETE SEAWALL 40' WIDE EASEMENT 0.239 ACRE 10,403.78 SQ. FT. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE CONCRE I E SEAWALL NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: CDW DATE: 02/27/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 1-ISLAND CONDOMINIUMS SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET 40' 20' 0' 40' 524°21'24"W 260.11' 20' MAINTENANCE EASEMENT LEGEND — — — — SUBJECT TRACT - — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING C.R.N.C.T. CONDOMINIUMS RECORDS NUECES COUNTY, TX O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER 1.18' I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR THE ISLAND HOUSE OF PADRE ISLAND CONDOMINIUMS LOCATED IN TBPLS#10194575 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78338 13811334-5719 - tbsmith.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE qB T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.239 ACRE 10,403.78 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.239 (10,403.78 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across Island House of Padre Island Condominiums, recorded in Volume 4, Page 37, Condominiums Records of Nueces County Texas (C.R.N.C.T.), said tract being Tract B, Block 42, Padre Island Section A, recorded in Volume 33, Page 97-99, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner at the common line of said Island House of Padre Island Condominiums tract and a tract conveyed to the Pathway to the Sea Community Improvement Association, Inc., recorded in Document No. 2018018322, Official Public Records of Nueces County Texas (O.P.RN.C.T), said tract being part of Lot 1 B, Block 3, Lake Padre South, recorded in Document No. 2018018322, O.P.R.N.C.T. from which a 5/8" iron rod found at the common comer of said Island House of Padre Island Condominiums tract and said The Pathway to the Sea Community Improvement Association, Inc. tract, in the southeasterly right-of-way line of Leeward Drive bears N 65°41'30" W, a distance of 471.23 feet, the southwest comer of the herein described easement; THENCE N 24°21'24" E, across said Island House of Padre Island Condominiums tract, a distance of 260.08 feet to a corner on the common line of said Island House of Padre Island Condominiums tract and tract conveyed to Axys Capital Credit Fund, LLC, recorded in Document No. 2018029126, O.P.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found at the common comer of said Island House of Padre Island Condominiums tract and said Axys Capital Credit Fund, LLC tract, in the southeasterly right-of-way line of said Leeward Drive bears N 65°43'47" W, a distance of 493.59 feet, the northwest corner of the herein described easement; THENCE S 65°43'47" E, with the common line of said Island House of Padre Island Condominiums tract and said Axys Capital Credit Fund, LLC tract, passing at a distance of 1.18 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to a corner on said common Iine, the northeast comer of the herein described easement; THENCE S 24°21'24" W, across said Island House of Padre Island Condominiums tract, a distance of 260.11 feet to a corner on the common line of said Island House of Padre Island Condominiums tract and said The Pathway to the Sea Community Improvement Association, Inc. tract, the southeast corner of the herein described tract; THENCE N 65°41'30" W, with the common line of said tracts, passing at a distance of 39.70 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.239 (10,403.78 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 F h QF' * Fo .r+ ALLEN W. KERLEY '°.r 5427 p Registered Professional Land Surveyor NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT _Mark Shinder , whose address is 1900 St. James Place , Houston, TX 77056 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 8. Grantee will provide two weeks of notice prior to the start of construction activities. Notwithstanding any other provision, Grantor shall have the right of ingress, egress, and regress for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a means of access to the beach, provided that such means of access is not permanent and does not substantially impair the ability of Grantee to build, maintain, repair, or rebuild the seawall. If Grantee must remove a means of access constructed under this paragraph by Grantor, Grantor shall be responsible for the costs incurred for removal and shall be further responsible for all costs of reconstruction. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. By: .,/ Printed name: Mark Shinder Title: Manager, Axys Capital Credit Fund ,LLC THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by , as /1/0--wideA 5 capacity and on behalf of said Texas Nonprofit Corporation. Yvonne M Mitten's My Commission xpiret //20/2027 Notary 10124623657 otary Public in and for the State of Texas , 2024, of in said 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 -- P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DFSCRIPTIMIMaxvc c&PITMI rPGniT n loin r n��ir NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. AXYS CAPITAL CREDIT FUND, LLC DOCUMENT NO. 2018029126 O.P.R.N.C.T. TRACT A PADRE ISLAND -CORPUS, SECTION NO. A VOLUME 33, PAGE 97-99 M.R.N.C.T. LEGEND P.O.B. C.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. • 0 SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL POINT OF BEGINNING CONDOMINIUMS RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER WIN I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/01/2024 JOB NO: 2023.1823 DRAWING NAME: 2-AXYS CAPITAL CREDIT FUND, LLC SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 (VERT.DATUM: NAVD88 GRID UNITS: US SURVEY FEET TBPLS It10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR THE AXYS CAPITAL CREDIT FUND, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS VICINITY MAP NOT TO SCALE T. BAKER SMITH - ACE Arans s Pass, TX 78336 t o ru s � (361)334.5719 - tbsmlth.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE - P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\2-AXYS CAPITAL CREDIT FUND I I C DWG FOUND 5/8" IRON ROD W/ CAP "URBAN ENGINEERING" ISLAND HOUSE OF PADRE ISLAND CONDOMINIUMS VOL. 4, PG 37 C.R.N.C.T. TRACT B, BLOCK 42 PADRE ISLAND -CORPUS CHRISTI SECTION A VOL. 33, PG 99 M.R.N.C.T. P.O.B. N:17,108, 983.6' E:1,401,705.4' � FOUND cc; DRILLED HOLE W/ SCRIBED "X" IN CONCRETE AXYS CAPITAL CREDIT FUND, LLC DOCUMENT NO. 2018029126 O.P.R.N.C.T. TRACT A PADRE ISLAND -CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. 10' MAINTENANCE EASEMENT N24°21'24"E 393.90' CHHABILA PROPERTY LP 9.31 ACRES DOCUMENT NO. 2022032047 O.P.R.N.C.T. TRACTS C & D, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. —CONCRETE WALL CONCRETE SEAWALL 40' WIDE EASEMENT 0.362 ACRE 15,750.76 SQ. FT. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE FOUND — 5/8" IRON\RP�OO�/ V/ —L I FOUND 5/8" IRON ROD I ccoo (DISTURBED) — co IN I N CD 20' MAINTENANCE EASEMENT NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH. 2023 DRAWN BY: CDW DATE: 02/01/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 2-AXYS CAPITAL CREDIT FUND, LLC SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 60' 60' 30' 0' 60' S24°21'24"W 393.64' LEGEND P.O.B. C.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. • 0 CONCRETE STAIRS SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL POINT OF BEGINNING CONDOMINIUMS RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER Z to !CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Alien W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS #I0194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR THE AXYS CAPITAL CREDIT FUND, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78336 (361)334-5719 - tbsmlth.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE TBS T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1,866,357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.362 ACRE 15,750.76 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.362 (15,750.76 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Axys Capital Credit Fund, LLC, recorded in Document No. 2018029126, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being described as Tract A, Padre Island -Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Tract A and a tract conveyed to the Island House of Padre Island Condominiums, recorded in Volume 4, Page 37 of the Condominiums Records of Nueces County Texas (C.R.N.C.T.), said tract being described as Tract B, Block 42, Padre Island -Corpus Christi Section A, recorded in Volume 33, Page 99, M.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found at the common corner of said Tracts A and Tract B, in the southeasterly right-of-way line of Leeward Drive bears N 65°43'47" W, a distance of 493.59 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Tract A, a distance of 393.90 feet to a corner on the common line of said Tract A and a 9.31 acre tract conveyed to Chhabila Property LP, recorded in Document No. 2022032047, O.P.R.N.C.T., said tract being described as Tract C and D, Block 45, Padre Island -Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod found at the common corner of said Tract A and said 9.31 acre tract, in the southeasterly right-of-way line of Leeward Drive bears N 65°21'24" W, passing at distance of 166.85 feet, a 5/8" iron rod (disturbed), and continuing for a total distance of 766.85 feet, the northwest corner of the herein described easement; THENCE S 65°21'24" E, with the common line of said Tract A and said 9.31 acre tract, passing at a distance of 1.23 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to a corner on said common line, the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Tract A, a distance of 393.64 feet to a corner on the common line of said Tracts A and Tract B, the southeast corner of the herein described tract; THENCE N 65°43'47" W, with the common line of said tracts, passing at a distance of 38.82 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.362 (15,750.76 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT CHHABILA PROPERTY LP, whose address is 5909 Lago Vista Dr, Corpus Christi, Texas 78414, Corpus Christi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the Grantor and its successors and assigns. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall, except Grantor or its successors and assigns. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 1 TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. CHHABILA PROPERTY LP By: Krish Management LLC Its General Partner By: Printed name: Kalpesh Chaudhari Title: Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on -0.Ce.-e. rY2it' cL , 2024, by Kalpesh Chaudhari, as Manager of Krish Management LLC, acting as General Partner of CHABILA PROPERTY LP, a Texas limited partnership, on behalf of said partnership. 'zkNN MARSHEL !rdkrj:) 01,0-1A.— '1027 Notary Pula and for the State of Texas 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 EXHIBIT A T. BAKER SMITH, LLC A Ci.iil`u'ti 11 V OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.459 ACRE 20,004.69 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.459 (20,004.69 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a 9.31 acre tract of land conveyed to Chhabila Property LP, recorded in Document No. 2022032047, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being described as Tract C and D, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said 9.31 acre tract and a tract conveyed to Axys Capital Credit Fund, LLC, recorded in Document No. 2018029126, O.P.R.N.C.T., said tract being described as Tract A, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod found at the common corner of said 9.31 acre tract and Tract A, in the southeasterly right-of-way line of Leeward Drive bears N 65°21'24" W, passing at a distance of 166.64 feet, a 5/8" iron rod disturbed found, and continuing a total distance of 766.85 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said 9.31 acre tract, a distance of 500.12 feet to a corner on the common line of said 9.31 acre tract and a tract conveyed to Padre Island South, LLC, recorded in Document No. 2020049261, O.P.R.N.C.T., said tract being described as Tract A-2, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 35, Page 15, M.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found at the common corner of said 9.31 acre tract and said Tract A-2, in the southeasterly right-of-way line of said Winward Drive bears N 65°20'06" W, passing at distance of 163.96 feet, a 5/8" iron rod with cap "Naismith" found, and continuing for a total distance of 619.16 feet, the northwest corner of the herein described easement; THENCE S 65°20'06" E, with said common line, passing at a distance of 1.37 feet, pk nail with washer "Urban Engineering" found, continuing for a total distance of 40.00 feet to a corner on said common line, the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said 9.31 acre tract, a distance of 500.11 feet to a corner on the common line of said 9.31 acre tract and said Tract A, the southeast corner of the herein described tract; THENCE N 65°21'24" W, with the common line of said tracts, passing at a distance of 38.77 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.459 (20,004.69 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EXHIBIT B - P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\3-CHHABILA PROPERTY I P own NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. CHHABILA PROPERTY LP 9.31 ACRES DOCUMENT NO. 2022032047 O.P.R.N.C.T. TRACTS C & D, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. LEGEND - - - SUBJECT TRACT — — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/02/2024 JOB NO: 2023.1823 DRAVNNG NAME: 3-CHHABILA PROPERTY LP SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 1 VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET TBFLSS #10104575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR CHHABILA PROPERTY LP LOCATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS VICINITY MAP NOT TO SCALE .�.� T. BAKER SMITH A�� A CENTURY OP SCLUTIONO /S(��_®��_ 3854 FM 1089 Aransas Pass, TX 78938 (361)334-5719 - thsmith.cam REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE P:1Y-2023\2023.1823\DWG\3-4-29-202411-EASEMENT DESCRIPTION\3-CHHABILA PROPERTY LP_Dwt; FOUND 5/8" IRON ROD o'0->r �O y\P �1 Iz I I AXYS CAPITAL CREDIT FUND, LLC DOCUMENT NO. 2018029126 O.P.R.N.C.T. I TRACT A PADRE ISLAND -CORPUS CHRISTI, FOUNDy SECTION A 5/8" IRON ROD VOLUME 33, PAGE 97-99 (DISTURBED) 1 M.R.N.C.T. I v m co co P.O.B. N:17,109,342.4' E:1,401, 867.8' ♦� FOUND 5/8" IRON ROD W/ \DAMAGED CAP CHHABILA PROPERTY LP 9.31 ACRES DOCUMENT NO. 2022032047 O.P.R.N.C.T. TRACTS C & D, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. FOUND> 5/8" IRON ROD W/ CAP "URBAN ENGINEERING" PADRE ISLAND SOUTH, LLC DOCUMENT NO. 2020049261 O.P.R.N.C.T. TRACT A-2, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 35, PAGE 15 M.R.N.C.T. — N24°21'24"E 500.12' — 10' MAINTENANCE EASEMENT 1.37' c°Or 40' WIDE EASEMENT 20' MAINTENANCE 0.459 ACRE EASEMENT 20,004.69 SQ. FT. CONCRETE SEAWALL S24°21'24"W 500.11' FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: CDW DATE: 02/02/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 3-CHHABILA PROPERTY LP SHEET NO: 2 OF PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' 100' 50' 0' 100' LEGEND FOUND PK NAIL W/ WASHER "URBAN ENGINEERING" — — — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER l w io - o0 00 N o d' rn FOUND 5/8" IRON ROD W/ CAP "NAISMITH" I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS #10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR CHHABILA PROPERTY LP LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH —� A CENTURY OF 106880LUTIONS _� 3864 FM Aransas Pass, TX 78336 (381)334-5719 - tbsmlth.00m REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT PADRE ISLAND SOUTH, LLC, a Texas limited liability company, whose address is 3805 Castle Ridge, Corpus Christi, TX 78410 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the map and metes and bounds property descriptions for EASEMENT and MAINTENANCE EASEMENTS attached and incorporated as "Exhibit A" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of Grantor and its successors and assigns as the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon without prior approval of Grantor and its successors and assigns as the adjacent property owner. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall, except Grantor or its successors and assigns as the adjacent property owner. 1 8. Grantee will provide two weeks of notice prior to the start of construction activities. 9. The walkway located on the Seawall shall be maintained in its present width of approximately twenty-five feet. Grantor and its successors and assigns as the adjacent property owner specifically reserves the right to install removable surface improvements on the Maintenance Easement areas such as landscaping, fencing, pavers, and wind -break materials, along with cabanas, furniture, umbrellas and similar furnishings and equipment when such Maintenance Easement areas are not in use. Grantor additionally may construct and maintain stairs on the eastern side of the Seawall for the purpose of pedestrian access to the beach. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. PADRE ISLAND SOUTH, LLC By: Printed name: Raju Bhagat Title: Manager THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on imp , 2024, by Raju Bhagat, as Manager of Padre Island South, LLC, a Texas limited liability company, on behalf of said company. �.. mot.. i.�. i... John D. Bell ID# 279070-5 Notary Public STATE OF TEXAS My Comm. Exp. 06-17-2025 . 1'. vvvv' ublic, State of Texa 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by Jeff H. Edmonds, P.E., Director of Engineering Services of the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas 3 EXHIBIT A ..,...n,..,...., ....,.,...,. fe, , ..,n ori.,.u4 cn cc.ecn r nccrotorinnnn. oenoc ICI enin cnl ITu I I r nn/(: NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: CDW APPROVED BY: AWK LEGEND - — — — SUBJECT TRACT — — — 10' & 2d MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P,R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. D 4 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT DATE: 02/01/2024 JOB NO: 2023.1823 DRAWING NAME: 4-PADRE ISLAND SOUTH LLC SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE TBPLS #10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PADRE ISLAND SOUTH, LLC LOCATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS TI3S T. BAKER SMITH A G8ITUNIF OP SOLUTIONS 3554 FM 1089 Nnnaaa Peas. TX 70336 (381)334-5719 - tbarnith.00m REV. NO: 02 ( REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE ........, fir, trr nr,rnin,innn A innlfC ICI Cril 11,1 1 r MAK' FOUND 5/8" IRON ROD W/ CAP "URBAN ENG." fD oi tD 0 0 N in 0 z CHHABILA PROPERTY LP 9.31 ACRES DOCUMENT NO. 2022032047 O.P.R.N.C.T. TRACTS C & D, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. P.O.B. N:17,109,798.0' E:1,402, 074.1' FOUND 5/8" IRON ROD PADRE ISLAND SOUTH, LLC DOCUMENT NO. 2020049261 O.P.R.N.C.T. TRACT A-2, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 35, PAGE 15 M.R.N.C.T. PADRE ISLES PROPERTY OWNERS ASSOCIATION 12'X700' COMMON AREA EASEMENT VOL. 1931, PG. 862 D.R.N.C.T. FOUND 5/8" IRON ROD W/ CAP "NAISMITH" FOUND PK NAIL WITH WASHER "URBAN ENG" 10' MAINTENANCE EASEMENT — — N24°21'24"E 397.26 CONCRETE WALL 40'WIDE EASEMENT 0.365 ACRE CONCRETE SEAWALL 15,906.84 SQ. FT., S24°21'24"W 398.08' 20' MAINTENANCE ' CONCRETE EASEMENT STAIRS NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023. DRAWN BY: CDW APPROVED BY: AWK PADRE ISLAND NORTH, LLC DOCUMENT NO. 2020049229 O.P.R.N.C.T. TRACT A-1, BLK 45 PADREISLAND- CORPUS CHRISTI SECTION A VOLUME 35, PAGE 15 M.R.N.C.T. w 0 00 0 M 0 IN -'f LEGEND — SUBJECT TRACT — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT DATE: 02/01/2024 JOB NO: 2023.1823 DRAWING NAME: 4-PADRE ISLAND SOUTH LLC SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' TBPLS #10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PADRE ISLAND SOUTH, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS 100' 50' 0' 100' T. BAKER SMITH A COWPONY OP UOLUTIBN 3854 FM 1069 Aranava Pees, TX 70333 (381)334 5719 - tbertti"th.com REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE T. S IT LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1,866,357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.365 ACRE 15,906.84 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.365 (15,906.84 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Padre Island South, LLC, recorded in Document No. 2020049261, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being described as Tract A-2, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 35, Pages 15, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Tract A-2, Block 45 and a 9.31 acre tract of land conveyed to Chhabila Property LP, recorded in Document No. 2022032047, O.P.R.N.C.T., said tract being described as Tract C and D, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found at the common corner of said Tract A-2 and said 9.31 acre tract, in the southeasterly right-of-way line of Windward Drive bears N 65°20'06" W, passing at a distance of 163.96 feet, a 5/8" iron rod with cap "Naismith" found, and continuing a total distance of 619.16 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Tract A-2, a distance of 397.26 feet to a corner on the common line of said Tract A-2 and a tract conveyed to Padre Island North, LLC, recorded in Document No. 2020049229, O.P.R.N.C.T., said tract being described as Tract A-1, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 35, Pages 15, M.R.N.C.T., from which a 5/8" iron rod found on the northwesterly boundary line of said Tract A-2, and the southeasterly right-of-way line of Windward Drive bears N 79°26'15" W, a distance of 480.02 feet, the northwest corner of the herein described easement; THENCE S 66°30'04" E, with said common line, a distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Tract A-2, a distance of 398.08 feet to the common line of said Tract A-2 and said 9.31 acre tract, the southeast corner of the herein described easement; THENCE N 65°20'06" W, with the common line of said tracts, passing at a distance of 38.63 feet, a pk nail with washer "Urban Eng" found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.365 (15,906.84 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT PADRE ISLAND NORTH, LLC, a Texas limited liability company, whose address is 3805 Castle Ridge, Corpus Christi, TX 78410 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the maps and metes and bounds property descriptions for EASEMENT and MAINTENANCE EASEMENTS attached and incorporated as "Exhibit A" and attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of Grantor and its successors and assigns as the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon without prior approval of Grantor and its successors and assigns as the adjacent property owner. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business 1 on the Seawall, except Grantor or its successors and assigns as the adjacent property owner. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 9. The walkway located on the Seawall shall be maintained in its present width of approximately twenty-five feet. Grantor and its successors and assigns as the adjacent property owner specifically reserves the right to install removable surface improvements on the Maintenance Easement areas such as landscaping, fencing, pavers, and wind -break materials, along with cabanas, furniture, umbrellas and similar furnishings and equipment when such Maintenance Easement areas are not in use. Grantor additionally may construct and maintain stairs on the eastern side of the Seawall for the purpose of pedestrian access to the beach. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. PADRE ISLAND NORTH, LLC By: � 4 - x-.A Pri�ited name: Raju Bhagat Title: Manager THE STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on e- Ce , 2024, by Raju Bhagat, as Manager of Padre Island North, LLC, a Texas limited liability company, on behalf of said company. ( =; ��gYPUB�., John D. Bell Or i: �oz ID# 279070-5 < `A Notary Public STATE OF TEXAS <,,,,, � My Comm. Exp. 06.17-2025 v�ivvvwvwvry Notaublic, State of Texas 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by Jeff H. Edmonds, P.E., Director of Engineering Services of the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas 3 EXHIBIT A onv •Inn,v-rnz nommnInir_,z n oO V A\i_FACFnAFnIT IIFC(`RIPTI(1N\R_PAfIRF ICI ANTI NfRTH I I r. fIW( NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: CDW APPROVED BY: AVVK LEGEND - - - SUBJECT TRACT — 10' & 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT DATE: 02/03/2024 JOB NO: 2023.1823 DRAWING NAME: 6-PADRE ISLAND NORTH LLC SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 ( VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE TBPLS #10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PADRE ISLAND NORTH, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A C®UTUVY OP VOLUTIONS 9854 FM 1089 Aransas Pass, TX 70933 (931)334-5719 - t am)th.00rn REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE ........ ......... „��.,,�-.m nvorloiorInnnc nAnOC 'CI AAltl klr10,4 I 1 r. Il%ArZ WINDWARD DRIVE PADRE ISLAND NORTH, LLC DOCUMENT NO. 2020049229 O.P.R.N.C.T. TRACT A-1, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 35, PAGE 15 M.R.N.C.T. FOUND BOLT WITH SHINER N66°31'09"W 412.83' 00 0 O c' d. io NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: CDW APPROVED BY: AWK FOUND 5/8" IRON ROD W/ CAP "URBAN ENG." 21 22 PADRE ISLAND NORTH, LLC DOCUMENT NO. 2020049229 O.P.R.N.C.T. TRACT 1 S-1/2 OF LOT 20, ALL OF LOT 21 & 22 BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. P.O.B. N:17,110,524.5' E:1,402,403.0' CONCRETE SEAWALL — N24°21'24"E 250.03' 40' WIDE EASEMENT 0.230 ACRE 10 001.25 SQ. FT. S24°21'24"W 250.03' 20' MAINTENANCE EASEMEN 20 19 C&P MONARCH, LP DOCUMENT NO. 2022002064 O.P.R.N.C.T. N-1/2 OF LOT 20, LOTS 18 & 19, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. 10' MAINTENANCE EASEMENT FOUND 1 I DRILLED HOLE W/ SCRIBED "X" IN CONCRETE 'C'``f��:1N ; {ETA , BALL x ac ,• LEGEND — — SUBJECT TRACT — 10' & 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) 0 EASEMENT CORNER 18 CONCRETE STAIRS I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT DATE: 02/03/2024 JOB NO: 2023.1823 DRAWING NAME 6-PADRE ISLAND NORTH LLC SHEET NO: 2 OF PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO.DATUM: NAD63 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100 TBPLS 10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PADRE ISLAND NORTH, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS 100' 50' 0' 100' T. BAKER SMITH G®0TUUY OP SOLUTIONS 3854 FM 1000 Aromas , TX 70330 (381)334 5710 - tbeatti.com REV. NO: 02 I REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE T. S ITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1,866,357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.230 ACRE 10,001.25 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.230 (10,001.25 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Padre Island North, LLC, recorded in Document No. 2020049229, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being described as Tract 1, South one-half (S 1/2) of Lot 20 and all of Lots 21 and 22, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Tract 1 and a tract conveyed to Padre Island North, LLC, recorded in Document No. 2020049229, O.P.R.N.C.T., said tract being described as Tract A-1, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 35, Pages 15, M.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found at the common corner of said Tract 1 and said Tract A-1, in the southeasterly right-of-way line of Windward Drive bears N 66°31'09" W, a distance of 412.83 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Tract 1, a distance of 250.03 feet to a corner on the common line of said Tract 1 and a tract conveyed to C&P Monarch, LP, recorded in Document No, 2022002064, O.P.R.N.C.T., said tract being the North one-half (N1/2) of Lot 20 and all of Lots 18 and 19, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., the northwest corner of the herein described easement; THENCE S 66°31' 10" E, with said common line, passing at a distance of 1.59 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Tract 1, a distance of 250.03 feet to the common line of said Tract 1 and said Tract A-1, the southeast corner of the herein described easement; THENCE N 66°31'09" W, with the common line of said tracts, passing at 38.49 feet, a bolt with shiner found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.230 (10,001.25 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EXHIBIT B -- P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\5-PADRE ISLAND NORTH LLC.DWG NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. LEGEND - - - SUBJECT TRACT — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R,N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R,N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/03/2024 JOB NO: 2023.1823 DRAWNG NAME: 5-PADRE ISLAND NORTH LLC SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE TBPLS #10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PADRE ISLAND NORTH, LLC LOCATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OP SOLUTIONS 3854 FM 1080 Arm Pesa, TX 70338 (381)334-8710 - themtifl.com REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE _ - P-9n93\9rM 1R91%Mt/P\3-4-79-9074\1-PASPMFNT OFSCRIPTION\5-PADRE ISLAND NORTH LLC.DWG PADRE ISLAND SOUTH, LLC DOCUMENT NO. 2020049261 O.P.R.N.C.T. TRACT A-2, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 35, PAGE 15 M.R.N.C.T. ZI WINDWARD DRIVE FOUND 5/8" IRON ROD W/ CAP "URBAN ENG." PADRE ISLAND NORTH, LLC DOCUMENT NO. 2020049229 O.P.R.N.C.T. P.O.B. N:17,110,159.9' E:1,402,237.9' TRACT A-1, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 35, PAGE 15 M.R.N.C.T. PADRE ISLES PROPERTY OWNERS ASSOCIATION "TRACT 2" 12'X510' COMMON AREA EASEMENT VOL. 1894, PG. 763 D.R.N.C.T. 10' MAINTENANCE EASEMENT —N24°21'24"E 400.20' CONCRETE N- FOUND 5/8" IRON ROE "URBAN ENG.' W/ CAP i3 03 C'1 �., PADRE ISLAND NORTH, LLC ioDOCUMENT NO. 2020049229 O.P.R.N.C.T. TRACT 1 S-1/2 OF LOT 20, ALL OF LOT 21 & 22 BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. WALL II 1.51' --�1 20' MAINTENANCE 40' 0.36 EASEMENT68 ACRE CONCRETE SEAWALL .3 BASEMENT 16,008.41 SQ. FT. - S24°21'24"W 400.22' NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: CDW APPROVED BY: MAX CONCRETE STAIRS FOUND BOLT WITH SHINER LEGEND — SUBJECT TRACT - — — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT DATE: 02/03/2024 JOB NO: 2023.1823 DRAWING NAME 5-PADRE ISLAND NORTH LLC SHEET NO: OF PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT, DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' TBPLS 10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PADRE ISLAND NORTH, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS 100' 50' 0' 100' T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1089 A , TX 78336 (381)334-5719-tbanith.mr0 REV. NO: 02 1 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.368 ACRE 16,008.41 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.368 (16,008.41 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Padre Island North, LLC, recorded in Document No. 2020049229, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being described as Tract A-1, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 35, Page 15, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Tract A-1 and a tract conveyed to Padre Island South, LLC, recorded in Document No. 2020049261, O.P.R.N.C.T., said tract being described as Tract A-2, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 35, Page 15, M.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found in the northwesterly line of said Tract A-1 and in the southeasterly right-of-way line of Windward Drive bears N 49°21'42" W, a distance of 425.46 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Tract A-1, a distance of 400.20 feet to a corner on the common line of said Tract A-1 and a tract conveyed to Padre Island North, LLC, recorded in Document No. 2020049229, O.P.R.N.C.T., said tract being described as Tract 1, South one-half (S 1/2) of Lot 20 and all of Lots 21 and 22, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod with cap "Urban Engineering" found at the common corner of said Tract A-1 and said Tract 1, on the southeasterly right-of-way line of Windward Drive bears N 66°31'09" W, a distance of 412.83 feet, the northwest corner of the herein described easement; THENCE S 66°31'09" E, with said common line, passing at a distance of 1.51 feet, a bolt with shiner found, continuing for a total distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Tract A-1, a distance of 400.22 feet to the common line of said Tract A-1 and said Tract A-2, the southeast corner of the herein described tract; THENCE N 66°30'04" W, with the common line of said tracts, a distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.368 (16,008.41 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT C&P MONARCH, LP, whose address is 5909 Lago Vista Dr, Corpus Christi, Texas 78414, Corpus Christi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the Grantor and its successors and assigns. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall, except Grantor or its successors and assigns. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 1 TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. C&P MONARCH, LP By: Woody Acres Management, LLC Its General Partner By: Printed name: Kalpesh Chaudhari Title: Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 6 , 2024, by Kalpesh Chaudhari, as Manager of Woody Acres Management LLC, acting as General Partner of C&P MONARCH, LP, a Texas limited partnership, on behalf of said partnership. ANN tv!ARSHEL ID, 7 1;,f3fstiii = " ' f; 2927 VYIC 4 is 'n and for the State of Texas 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 EXHIBIT A T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.230 ACRE 10,000.73 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.230 (10,000.73 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to C&P Monarch, LP, recorded in Document No. 2022002064, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being described as the North one-half (N1/2) of Lot 20 and all of Lots 18 and 19, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said C&P Monarch, LP tract and a tract conveyed to Padre Island North, LLC, recorded in Document No. 2020049229, O.P.R.N.C.T., said tract being described as Tract 1, the South one-half (S 1/2) of Lot 20 and all of Lots 21 and 22, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said C&P Monarch, LP tract, a distance of 250.02 feet to a corner on the common line of said C&P Monarch, LP tract and a tract conveyed to Portofino Condominiums, recorded in Vol. 7, Pages 97- 106, Miscellaneous Map Records of Nueces County, Texas, (M.M.R.N.C.T.), said tract being described as Lots 16 and 17, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., the northeast corner of the herein described easement; THENCE S 66°31'09" E, with said common line, passing at a distance of 1.81 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Tract 1, a distance of 250.02 feet to the common line of said C&P Monarch, LP tract and said Tract 1, the southeast corner of the herein described easement; THENCE N 66°31' 10" W, with the common line of said tracts, passing at a distance of 38.41 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.230 (10,000.73 sq. ft.) acres of land, more or less. Together with a 20-foot wide maintenance easement on the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley. R.P.L.S. No. 5427 EXHIBIT B - P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\7-C&P MONARCH, LP.DWG NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID. BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023 AND FEBRUARY 26, 2024. `.r LEGEND - - - - SUBJECT TRACT 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER C&P MONARCH, LP DOCUMENT NO. 2022002064 O.P.R.N.C.T. N-1/2 OF LOT 20, LOTS 18 & 19, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T. I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/27/2024 JOB NO: 2023.1823 DRAVv1NG NAME: 7-C&P MONARCH, LP SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 1 VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET TBPLS #10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR C&P MONARCH, LP LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS VICINITY MAP NOT TO SCALE ,�� T. BAKER SMITH �—� A CENTURY OF SOLYTIONi J`(\` :�I 38fi4 FM 1089 Aransas Pass, TX 78336 (381)334-5719 - tbsmlth.com REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE - P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\7-C&P MONARCH, LP.DWG 21 PADRE ISLAND NORTH, LLC DOCUMENT NO. 2020049229 O.P.R.N.C.T. TRACT 1 S-1/2 OF LOT 20, ALL OF LOT 21 & 22 BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R.N.C.T. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE CONCRETE WALL P.O.B. N:17,110,752.3' E:1,402,506.1' 20 /� COVERED AWNING jI j ON CONC SLAB I L NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: CDW DATE: 02/27/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 7-C&P MONARCH, LP SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' 100' 50' 0' 100' POOL WINDWARD DRIVE 19 C&P MONARCH, LP DOCUMENT NO. 2022002064 O.P.R.N.C.T. N-1/2 OF LOT 20, LOTS 18 & 19, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R.N.C.T. WOODEN DECK N24°21'24"E 250.02' 40' WIDE EASEMENT 0.230 ACRE CONCRETE 10,000.73 SQ. FT. __SEAWALL 18 BUILDING M r WOODEN DECK • ` FOUND 1 81' 17- / DRILLED HOLE W/ !! SCRIBED "X" IN CONCRETE W — k-®.k • `_. v .—.__x. _ 17 16 PORTOFINO CONDOMINIUMS VOL. 7, PGS 97-106 M.M.R.N.C.T. LOTS 16 & 17, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI, SECTION A VOL. 33 PAGES 97-99 M.R.N.C.T. SUILDG,Ii� S24°21'24"W 250.02' LEGEND 00 �o 0 (o 0 1u) 20' MAINTENANCE EASEMENT SUBJECT TRACT 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER 1'�, I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS 1110194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR C&P MONARCH, LP LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH an A CBNTUN5 OP 0OLUTIONa 3854OF1BO Aransas Pass, TX 78338 (381)334-5719 - tbsmith.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT PORTOFINO COUNCIL OF CO -OWNERS , whose address is _15002 Windward Dr_, Corpus Christi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 1 TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. Printed name: William J. Newman Jr Title: President, Portofino Board of Directors THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on OC-i'oto -14 11 , 2024, by Wii 1 it T. Ndww�(ten ► . , as !-tJ i t r of in said capacity and on behalf of said Texas Nonprofit Corporation. Notary Public in and for the State of Texas `�\ .e.f,�„ MARIE A AGUIRRE Notary Public, State of Texas : �'. °f Comm. Expires 03-27-2026 n„°;,0% Notary ID 13150764-4 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\8-PORTOFINO CONDOMINIUMS.DWG NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: CDW DATE: 02/27/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAW NG NAME: 8-PORTOFINO CONDOMINIUMS SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE LEGEND — — — — SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT — x — x — FENCE CONCRETE SEAWALL P.O.B. POINT OF BEGINNING M.M.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. MISCELLANEOUS MAP RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER PORTOFINO CONDOMINIUMS VOL. 7, PAGES 97-106 M.M.R.N.C.T. LOTS 16 & 17, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI, SECTION A VOL. 33, PGS. 97-99 M.R.N.C.T. I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS 410194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PORTOFINO CONDOMINIUMS LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78336 (361)334-5719 - tbsmilh.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE --- P:\Y-2023\2023.1823\DWG13-4-29-2024\1-EASEMENT DESCRIPTION\8-PORTOFINO CONDOMINIUMS.DWG 18 19 C&P MONARCH, LP DOCUMENT NO. 2022002064 O.P.R.N.C.T. N-1/2 OF LOT 20, LOTS 18 & 19, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOL. 33, PAGES 97-99 M.R.N.C.T. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE P.O.B. N:17,110,980.0' E:1,402, 609.2' NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: CDW DATE: 02/27/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 8-PORTOFINO CONDOMINIUMS SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' 100' 50' 0' 100' WINDWARD DRIVE 17 16 PORTOFINO CONDOMINIUMS VOL. 7, PGS 97-106 M.M.R.N.C.T. LOTS 16 & 17, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI, SECTION A VOL. 33, PAGES 97-99 M.R.N.C.T. 10' MAINTENANCE EASEMENT — CONCRETE PAVEMENT POOL f I —N24°21'24'E 200.03' 15 14 CITY OF CORPUS CHRISTI LOTS 13-15, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOL. 33, PAGES 97-99 M.R.N.C.T. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE ▪ 40' WIDE EASEMENT 2.25' m- CONCRETE cd ▪ 0.184 ACRE CONCRETE o WALL 8,001.12 SQ. FT. II EAWALL— m o Zip cE2 S24°21'24' W 200.03' 20' MAINTENANCE EASEMENT LEGEND CONCR STAIRS — — — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL P.O.B. POINT OF BEGINNING M.M.R.N.C.T. MISCELLANEOUS MAP RECORDS NUECES COUNTY, TX O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS /10194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR PORTOFINO CONDOMINIUMS LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH a. I 3_ A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78336 (361)334-5719 - tbsmlth.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE qB T. BAKER SMITH, LLC - A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.184 ACRE 8,001.12 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.184 (8,001.12 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Portofino Condominiums, recorded in Vol. 7, Pages 97-106, Miscellaneous Map Records of Nueces County, Texas, (M.M.R.N.C.T.), said tract being described as Lots 16 and 17, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas, (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Portofino Condominiums tract and a tract conveyed to C&P Monarch, LP, recorded in Document No. 2022002064, O.P.R.N.C.T., said tract being described as the North one-half (N1/2) of Lot 20 and all of Lots 18 and 19, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Portofino Condominiums tract, a distance of 200.03 feet to a corner on the common line of said Portofino Condominiums tract and a tract conveyed to the City of Corpus Christi, described as Lots 13 through 15, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., the northwest corner of the herein described easement; THENCE S 66°31'09" E, with said common line, passing at a distance of 2.25 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Portofino Condominiums tract, a distance of 200.03 feet to the common line of said Portofino Condominiums tract and said C&P Monarch, LP tract, the southeast corner of the herein described easement; THENCE N 66°31'09" W, with the common line of said tracts, passing at 38.19 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.184 (8,001.12 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT STATE OF COLORADO § KNOW ALL BY THESE PRESENTS: COUNTY OF DENVER § THAT RM Property TX Two LLC, whose address is 109 East 17th St., Suite 4392, Cheyenne, Wyoming 82001 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 1 8. Grantee will provide two weeks of notice prior to the start of construction activities. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. RM Property TX Two LLC By: Bradford C. Nelson, President STATE OF COLORADO COUNTY OF DENVER This instrument was acknowledged before me on Cembe41 2024, by Bradford C. Nelson, as President of RM Property TX Two LLC, in said capacity and on behalf of said Wyoming corporation. JEANNIE M ECKENRODE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064042555 MY COMMISSION EXPIRES OCTOBER 17, 2026 Notary I#iiblic in and for the State of Colorado 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 RTY TX TWO. LLC.DWG - - P:\Y-2023\2023.1823\DWG13-4-29-202411-EASEMENT DESCRIPTION \10-R. M.P NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE KITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT, THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023. LEGEND — — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Alien W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/05/2024 JOB NO: 2023.1823 DRAWING NAME: 10-R.M.PROPERTY TX TWO, LLC SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET TL,PU,,i1u1U4,7 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR R.M.PROPERTY TX TWO, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS VICINITY MAP NOT TO SCALE T. BAKER SMITH •I3GYL GY 01' 66.+1.13710N0 FA Aronr, o P89e, TX 71i33 (351)334-571 A - tb rn 1th REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE 3 J 0 0 0 4 zz O o: U uJ 0 z w N 0 N CO 04 M 0 n: 13 CITY OF CORPUS CHRISTI LOTS 13-15, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOL. 33, PAGES 97-99 M.R.N.0 T. P.O.B. N:17,111,435.6' E:1,402,815.4' o- 0 d' io Z 1 4 j S24°21' 244""W 225.03' NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023. FOUND 5/8" IRON ROD WINDWARD DRIVE 12 11 R.M. PROPERTY TX TWO, LLC DOCUMENT NO. 2007023522 O.P.R.N.C.T. S-25' LOT 10 AND LOTS 11-12, BLOCK 45 PADREISLAND- CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R.N.C.T. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE N24°21'24"E 225.03 40' WIDE EASEMENT 0.207 ACRE CONCR TE 9,001.05 SQ. FT. SEAWALL FOUND 5/8" IRON ROD 10 IMv 1(0 Io M Iz 9 BEACHFRONT HOSPITALITY, LTD DOCUMENT NO. 1998049718 O.P.R.N.C.T. S-75' LOT 8 AND ALL OF LOT 9 AND N-75' OF LOT 10, BLOCK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R.N.C.T. 10' MAINTENANCE EASEMENT FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE w 00 - o M p 0 /n 20' MAINTENANCE EASEMENT LEGEND — — — — SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT P.O.B. 0.P.R.N.C.T. M.R.N.C.T. • 0 CONCRETE SEAWALL POINT OF BEGINNING OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/05/2024 JOB NO: 2023.1823 DRAWING NAME: 10-R.M.PROPERTY TX TWO, LLC SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET El PI CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR R.M.PROPERTY TX TWO, LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS ( SCALE: 1" = 100' 100' 50' 0' 100' T. BAKER SMITH BHYURY LIF 0t3F.l!TIWHY3 3854 FM 1009 Amnsas Non, TX 70336 (391)384-5719-tir�rnith.cum REV. NO: 02 REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE T IT A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.207 ACRE 9,001.05 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.207 (9,001.05 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to the R.M. Property Tx Two, LLC, recorded in Document No. 2007023522, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being the South 25' (S25') of Lot 10 and all of Lots 11 and 12, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas, (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said R.M. Property Tx Two, LLC tract and a tract conveyed to the City of Corpus Christi, said tract being Lots 13 through 15, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said R.M. Property Tx Two, LLC tract, a distance of 225.03 feet to a corner on the common line of said R.M. Property Tx Two, LLC tract and a tract conveyed to the Beachfront Hospitality, LTD., recorded in Document No. 1998049718, O.P.R.N.C.T., said tract being the South 75' (S75') of Lot 8 and all of Lot 9 and North 75' (N75') of Lot 10, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod found at the common corner of said R.M. Property Tx Two, LLC tract and said Beachfront Hospitality, LTD. Tract, in the south right-of-way line of Windward Drive bears N 66°31'08" W, a distance of 431.55 feet, the northwest corner of the herein described easement; THENCE S 66°31'08" E, with said common line, passing at a distance of 1.54 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, a distance of 225.03 feet to a corner on the common line of said R.M. Property Tx Two, LLC tract and said City of Corpus Christi tract, the southeast corner of the herein described easement; THENCE N 66°31' 11" W, with the common line of said tracts, passing at a distance of 37.33 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.207 (9,001.05 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § COUNTY OF NUECES § EASEMENT KNOW ALL BY THESE PRESENTS: THAT lAktl itrc�.. whose address is i3/13 ,CorpusChristi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will " be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 1 8. Grantee will provide two weeks of notice prior to the start of construction activities. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. By: Printed name: Title: THE STATE OF TEXAS COUNTY OF NUECES Tivzr4)Fe_ This instrument was acknowledged before me on 2024, by 120\\(t `tl mU C n , as ?oy-\-y\L‘r- of in said capacity and on behalf of said Texas Nonprofit Corporation. ��ry',Yp14 MIRANDA SENDEJO _';o•"•;, Notary Public, State of Texas y# �P, Comm. Expires 07-14-2027 �'��i �gP Notary ID 13445369-7 Notary Public in and for the Stat- of Texas 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 P:\Y-202312023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION \11-RFAC.HERMIT 1-InCPITAIrry 1Tri min NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: CDW DATE: 02/05/2024 APPROVED BY: AVVK JOB NO: 2023.1823 DRAVV1NG NAME: 11-BEACHFRONT HOSPITALITY, LTD SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE BEACHFRONT HOSPITALITY, LTD DOCUMENT NO. 1998049718 O.P.R.N.C.T. S-75LOT 8 AND ALL OF LOT 9 AND N-75' LQT 10, BLK 45 PADRE ISLAND - CORPUS CHRISTI • SECTION A VOLUME 33, PAGE 97-99 • M.R.N.C.T, • , N`‘.. Y'r LEGEND - - - - SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT P.O.B. O.P.R.N.C.T. M.R.N.C.T. • 0 CONCRETE SEAWALL POINT OF BEGINNING OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR BEACHFRONT HOSPITALITY LOCATED IN TBPL5 410194575 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78336 (361)334-5719 - tbsmIlb.corn REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE - P:\Y-2023\2023.1823\DWG\3-4-29-2024\1-EASEMENT DESCRIPTION\11-BEACHFRONT HOSPITALITY, LTD.DWG 12 FOUND 5/8" IRON ROD 11 R.M. PROPERTY TX TWO, LLC DOCUMENT NO. 2007023522 O.P.R.N.C.T. S-25' LOT 10 AND LOTS 11-12, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R N.C.T. P.O.B. N:17,111,640.6' E:1,402,908.2' 00 0 v z NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT 15 INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. DRAWN BY: COW DATE: 02/05/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 11-BEACHFRONT HOSPITALITY, LTD SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 IVERT.DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' 100' 50' 0' 100' 10 WINDWARD DRIVE 9 FOUND 5/8" IRON ROD BEACHFRONT HOSPITALITY, LTD DOCUMENT NO. 1998049718 O.P.R.N.C.T. S-75' LOT 8 AND ALL OF LOT 9 AND N-75' LOT 10, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R.N.C.T. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE CON( :FIE WALL �-- N24°21'24"E 249.88' 40' WIDE EASEMENT �ONCRETE 0.229 ACRE = 9,995.19 SQ. FT. —ISEAWALL i2' S24°21'24"W 249.88' CONCRETE STAIRS LEGEND 8 7 6 R.M. PROPERTY TX TWO, LLC DOCUMENT NO. 2007023523 O.P.R.N.C.T. N-25' LOT 8 AND LOTS 6 & 7, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGES 97-99 M.R.N.C.T. 10' MAINTENANCE EASEMENT 00 m0 i0d H FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE 20' MAINTENANCE EASEMENT — — — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT -- CONCRETE SEAWALL P.O.B. POINT OF BEGINNING O.P.R.N.C.T. OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX • MONUMENT (AS -NOTED) O EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS 810194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR BEACHFRONT HOSPITALITY LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH TBA CENTURY OF SOLUTIONS 38541069 Pass, Passss , TX 78336 (361)334-5719 - tbsmlth.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.229 ACRE 9,995.19 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.229 (9,995.19 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Beachfront Hospitality, LTD., recorded in Document No. 1998049718, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being the South 75' (S75') of Lot 8 and all of Lot 9 and North 75' (N75') of Lot 10, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas, (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Beachfront Hospitality, LTD. tract and a tract conveyed to R.M. Property Tx Two, LLC, recorded in Document No. 2007023522, O.P.R.N.C.T., said tract being the South 25' (S25') of Lot 10 and all of Lots 11 and 12, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod found at the common corner of said Beachfront Hospitality, LTD. tract, and said R.M. Property Tx Two, LLC tract, in the south right-of-way line of Windward Drive bears N 66°31'08" W, a distance of 431.55 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Beachfront Hospitality, LTD. tract, a distance of 249.88 feet to a corner on the common line of said Beachfront Hospitality, LTD. tract and a tract conveyed to the R.M. Property Tx Two, LLC, recorded in Document No. 2007023523, O.P.R.N.C.T., said tract being the North 25' (N25') of Lot 8 and all of Lots 6 and 7, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod found at the common corner of said Beachfront Hospitality, LTD. tract, and said R.M. Property Tx Two, LLC tract, in the south right-of-way line of Windward Drive bears N 66°31'09" W, a distance of 435.36 feet, the northeast corner of the herein described easement; THENCE S 66°31'09" E, with said common line, passing at a distance of 1.72 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, a distance of 249.88 feet to a corner on the common line of said Beachfront Hospitality, LTD. tract and said R.M. Property Tx Two, LLC tract, the southeast corner of the herein described easement; THENCE N 66°31'08" W, with the common line of said tracts, passing at a distance of 35.46 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.229 (9,995.19 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT STATE OF COLORADO § KNOW ALL BY THESE PRESENTS: COUNTY OF DENVER § THAT RM Property TX LLC, whose address is 109 East 17th St., Suite 4392, Cheyenne, Wyoming 82001 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 1 8. Grantee will provide two weeks of notice prior to the start of construction activities. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. RM Property TX LLC By: Bradford C. Nelson, President STATE OF COLORADO COUNTY OF DENVER This instrument was acknowledged before me on c e m b (o `—' 2024, by Bradford C. Nelson, as President of RM Property TX LLC, in said capacity and on behalf of said Wyoming corporation. JEANNIE AA ECKENRODE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 200640 42555 MY COMMISSION EXPIRES OCTOBER 17, 2026 i-7 4 : 711- %Ll n.rzJ -ems 14'c in and for the State of Colorado Notary Pub do 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 X LLC.DWG -- P:\Y-2023\2023.1823\DWG\3-7-16-2024\1-EASEMENT DESCRIPTION\12-R.M.PROPER NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. SUBJECT TRACT — 10' & 20' MAINTENANCE EASEMENT — x — x — FENCE CONCRE It SEAWALL P.O.B. POINT OF BEGINNING C.R.N.C.T. O.P.R,N.C.T. M.R.N.C.T. • O CONDOMINIUM RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, 11 P.L.S No. 5427 DRAWN BY: MMC APPROVED BY: AWK EASEMENT PLAT DATE: 02/05/2024 JOB NO: 2023.1823 DRAWING NAME: 12-R,M.PROPERTY TX LLC SHEET NO: OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE "if'P Siftw CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR R.M.PROPERTY TX LLC LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH f31:24TLlF.Y E}F YOOLUWIOONS 3754 FP,111XW Afknnne Peae, TX 7.0336 (3131)334 S719-)beinRKco ri REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE - P:\Y-2023\2023.1823\DWG\3-7-16-2024\1-EASEMENT DESCRIPTION\12-R.M.PROPERTY TX LLC.DWG 10 FOUND 5/8" IRON ROD 9 BEACHFRONT HOSPITALITY, LTD DOCUMENT NO. 1998049718 O.P.R.N.C.T. S-75' LOT 8 AND ALL OF LOT 9 AND N-75' LOT 10, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PAGE 97-99 M.R.N.C.T, P.O.B. N:17,111,868.2' E:1,403, 011.3' NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023. O N - • V M M'k S24°21'24"W 225.19' z�� FOUND DRILL HOLE WITH SQUARE WITHIN THE RIGHT OF WAY OF WINDWARD DRIVE WINDWARD DRIVE 7 6 R.M. PROPERTY TX, LLC DOCUMENT NO. 2007023523 O.P.R.N.C.T. N-25' LOT 8 AND LOTS 6 & 7, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PG. 97-99 M.R.N.C.T. FOUND DRILLED HOLE W/ SCRIBED "X" IN CONCRETE - CONCRETE WAIT N24°21'24"E 225.19' N66°21'46"W 444.56' 5 4 GULFSTEAM CONDOMINIUMS VOL. 9, PG. 412 C.R.N.C.T LOTS 2,3,4 & 5, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PG. 97-99 M.R.N.C.T. 10' MAINTENANCE EASEMENT 40' WIDE EASEMENT CONCRETE 0.207 ACRE SEAWALL 9,007.52 SQ. FT. 20' MAINTENANCE EASEMENT LEGEND — — — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT — x — x — FENCE CONCRE I E SEAWALL P.O.B. POINT OF BEGINNING C.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. • O CONDOMINIUM RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, RP L.S. No. 5427 DRAWN BY: MMC APPROVED BY: AWK EASEMENT PLAT DATE: 02/05/2024 JOB NO: 2023.1823 DRAWING NAME: 12-R.M.PROPERTY TX LLC SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR R.M.PROPERTY TX, LLC LOCATED IN 3 s fs,,fea„5 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE: 1" = 100' 100' 50' 0' 100' T. BAKER SMITH 313,54 FM '1IX19 Alone a Pars, TX 703,33 (3fi1)334-5710 - tiislnfCn.can REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE T. IT A CENTURY OF SOLUT LLC 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.207 ACRE 9,007.52 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.207 (9,007.52 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to R.M. Property Tx LLC., recorded in Document No. 2007023523, Official Public Records of Nueces County, Texas, (O.P.R.N.C.T.), said tract being the North 25' (N25') of Lot 8 and all of Lots 6 and 7, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas, (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said R.M. Property Tx LLC tract and a tract conveyed to Beachfront Hospitality, LTD., recorded in Document No. 1998049718, O.P.R.N.C.T,, said tract being the South 75' (S75') of Lot 8 and all of Lot 9 and North 75' (N75') of Lot 10, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a 5/8" iron rod found at the common corner of said R.M. Property Tx LLC tract, and Beachfront Hospitality, LTD. tract, in the south right-of-way line of Windward Drive bears N 66°31'09" W, a distance of 435.36 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said R.M. Property Tx LLC tract, a distance of 225.19 feet to a corner on the common line of said R.M. Property Tx LLC tract, and a tract conveyed to Gulfstream Condominiums, recorded in Vol. 9, Page 412, Condominium Records of Nueces County, Texas (C.R.N.C.T.), said tract being Lots 2 through 5, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T, from which a drill hole with square within the right-of-way of Windward Drive bears N 66°21'46" W, a distance of 444.56 feet, the northwest corner of the herein described easement; THENCE S 66°31'09" E, with said common line, a distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, a distance of 225.19 feet to a corner on the common line of said R.M. Property Tx LLC tract, and said Beachfront Hospitality, LTD., the southeast corner of the herein described easement; THENCE N 66°31'09" W, with the common line of said tracts, passing at a distance of 38.28 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.207 (9,007.52 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 ALLEN W. KERLEY P `5427 r" °per i 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P. L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT The Gulfstream , whose address is 14810 Windward Dr , Corpus Christi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 1 TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. By: Printed name: l D 1../ S 7 L ✓-SK ( , %7 Title: f si;�•:.ar" -- 6'4/c.e=ST72.v,,4 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me onCzC4 v?\ , 2024, by Zbte_ ,C_!i`4J.5-Z_a i& 5 ' , as A,�,1,e2t - 4 of in said capacity and on behalf of said Texas Nonprofit Corporation. Notary P t► i in and for the State of Texas TERRY WITZSCHE Notary ID #3928236 My Commission Expires March 18, 2028 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 PAY-202312023.18230WG\3-4-29-2024\1-EASEMENT DESCRIPTION \13-GULFSTREAM CONDOMINIUMS own NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: CDW DATE: 02/27/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 13-GULFSTREAM CONDOMINIUMS SHEET NO: 1 OF 3 PROJECTION:TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE • /PS., GULFSTREAM CONDOMINIUMS' VOL. 9, PG. 412 CONDOMINIUM RECORDS OF NUECES COUOTY LOTS 2,3,4 & 5, BLK 45 PADRE ISLAND - CORPUS CHRISTI'SECTION A VOLUME 33, PG. 97-99 M,R.N.C.T. , ' LEGEND — — — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL POINT OF BEGINNING P.O.B. C.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. • 0 CONDOMINIUM RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS #I0194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR GULFSTREAM CONDOMINIUMS LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS ‘BA CENTU3R8Y540EMF190609LUTIONS _S Aransas Pass, TX 78336 (361)334-5719 - tbsrnIth,corn T. BAKER SMITH REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE - P:\Y-2023\2023.1823\DWG13-4-29-2024\1-EASEMENT DESCRIPTION\13-GULFSTREAM CONnnMitiu IM. nvvr, 7 6 I R.M. PROPERTY TX TWO, LLC 1 DOCUMENT NO. 2007023523 Zo 1 O.P.R.N.C.T. LO a io I 'tI N-25' LOT 8 AND LOTS 6 & 7, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PG. 97-99 M.R.N.C.T. P.O.B. N:17,112,073.4' E:1,403,104.2' 0 z FOUND DRILL HOLE WITH SQUARE WITHIN THE RIGHT OF WAY OF WINDWARD DRIVE 5 WINDWARD DRIVE 4 3 GULFSTREAM CONDOMINIUMS VOL. 9, PG. 412 C.R.N.C.T. LOTS 2,3,4 & 5, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PG. 97-99 M.R.N.C.T. BUILDING `— CONCRETE STAIRS NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: CDW APPROVED BY: AWK DATE: 02/27/2024 JOB NO: 2023.1823 DRAWING NAME: 13-GULFSTREAM CONDOMINIUMS SHEET NO: 2 OF PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 100' 100' 50' 0' 100' CONCRETE WALL I I N24°21'24'E 400.04' 40' WIDE EASEMENT 0.367 ACRE 16,001.60 SQ. FT. S24°21'24"W 400.04' FOUND PK NAIL W/ WASHER "HANSON CC" 2 10' MAINTENANCE EASEMENT N 1 CONCRETE SEAWALL • 20' MAINTENANCE LEGEND EASEMENT - — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT — X — X — FENCE CONCRETE SEAWALL POINT OF BEGINNING P.O.B. C.R.N.C.T. O.P.R.N.C.T. M.R.N.C.T. • 0 CONDOMINIUM RECORDS NUECES COUNTY, TX OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER N65°28'54"W 488.93' 1 EL CONSTANTE CONDOMINIUMS CLERK'S FILE NO. 423797 C.R.N.C.T. LOT 1-A, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 49, PG. 20-21 M.R.N.C.T. I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT TBPLS 810194575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR GULFSTREAM CONDOMINIUMS LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78336 (361)334-5719 - tbsmllh.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE TBS T. BAKER SMITH, LSLC A CENTURY OF SOLUTION 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.367 ACRE 16,001.60 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.367 (16,001.60 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to Gulfstream Condominiums, recorded in Vol. 9, Page 412, Condominium Records of Nueces County, Texas, (C.R.N.C.T.), said tract being Lots 2, 3, 4, and 5, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, Map Records of Nueces County, Texas, (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Gulfstream Condominiums tract and a tract conveyed to R.M. Property Tx Two, LLC., recorded in Document No. 2007023523, Official Public Records Nueces County, Tx (O.P.R.N.C.T), said tract being the North 25' (N-25') of Lot 8, and Lots 6 & 7, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a drill hole with square, found at the common corner of said Gulfstream Condominiums tract, and R.M. Property Tx Two, LLC. tract, within the right-of- way of Windward Drive, bears N 66°21'46" W, a distance of 444.56 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Gulfstream Condominiums tract, a distance of 400.04 feet to a corner on the common line of said Gulfstream Condominiums tract, and a tract conveyed to El Constante Condominiums, recorded in Clerk's Files No. 423797, C.R.N.C.T, said tract being Lot 1-A, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 49, Pages 20-21, M.R.N.C.T, from which a PK nail with washer "Hanson CC" bears, N 65°28'54" W, a distance of 488.93 feet, the northwest corner of the herein described easement; THENCE S 66°31'09" E, with said conmion line, a distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, a distance of 400.04 feet to a corner on the common line of said Gulfstream Condominiums tract and said R.M. Property Tx Two, LLC. tract, the southeast corner of the herein described easement; THENCE N 66°31'09" W, with the common line of said tracts, a distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.367 (16,001.60 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 3 of 3 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT El Constante Condominium Council of Co -Owners, whose address is 14802 Windward Dr., Corpus Christi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 1 TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. By: Printed name: �`� grov.10 04->t)1(' Title: {I f THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 0 Citb I XY 214 , 2024, by D ovn (.e, G , 15v- V1) Vl , as pry 1 ctz vi fr of in said capacity and on behalf of said Texas Nonprofit Corporation. J���rit�4 MISTY KYAN COX £'t '%.'t. Notary Public, State of Texas 4-'' Comm, Expires 05-25.2025 ,641;%;%%%% Notary ID 131 14604-4 Notary Public in an or the State of Texas 2 ACCEPTED for the City of Corpus Christi, Texas, a municipal corporation and body politic under the laws of the State of Texas, on , 2024. GRANTEE CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM, THIS DAY OF , 2024. For THE CITY ATTORNEY By: Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT 3 - P:\Y-2023\2023.1823\DWG\3-4-29-202411-EASEMENT DESCRIPTION\14-EL CONSTANTE CONDOMINIUMS.DWG EL CONSTANTE CONDOMINIUMS CLERK'S FILE NO. 423797 LOT 1-A, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 49, PG. 20-21 M.R.N.C.T. I 1 CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. LEGEND - - - - SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT P.O.B. C.R.N.C.T. M.R.N.C.T. • 0 CONCRETE SEAWALL POINT OF BEGINNING CONDOMINIUM RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 DRAWN BY: CDW APPROVED BY: AWK EASEMENT PLAT DATE: 02/27/2024 JOB NO: 2023.1823 DRAWING NAME: 14-EL CONSTANTE CONDOMINIUMS SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVDBS GRID UNITS: US SURVEY FEET il'PLS //10184575 CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR EL CONSTANTE CONDOMINIUMS LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS VICINITY MAP NOT TO SCALE T. BAKER SMITH A CF3NTURV OP 908.4.9 9oU:: 3854 FM 1089 Aransas Pass, TX 78336 (381)334.5710 - tbamlth.com REV. NO: 02 I REV. DATE: 04/29/2024 I REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE -- P:\Y-202312023.1823\DWG13 4-29-2024\1-EASEMENT DESCRIPTION\14-EL CONSTANTE CONDOMINIUMS.DWG 4 LEGEND FOUND PK NAIL W/ WASHER WINDWARD DRIVE "HANSON CC" 3 GULFSTREAM CONDOMINIUMS VOL. 9, PG. 412 C.R.N.C.T. LOTS 2,3,4 & 5, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 33, PG. 97-99 M.R.N.C.T. 2 P.O.B. N:17,112,437.8' E:1,403,269.2' — — — — SUBJECT TRACT 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL P.O.B. POINT OF BEGINNING C.R.N,C.T. CONDOMINIUM RECORDS NUECES COUNTY, TX M.R.N.C.T. MAP RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER • 0 NOTES: o= co Z N65°28'54"W 488.93' 1 EL CONSTANTE CONDOMINIUMS CLERK'S FILE NO. 423797 C.R.N.C.T. LOT 1-A, BLK 45 PADRE ISLAND - CORPUS CHRISTI SECTION A VOLUME 49, PG. 20-21 M.R.N.C.T. 10' MAINTENANCE EASEMENT - BUILDING FOUND SQUARE ETCHED ON CONCRETE RETAINING WALL -+ -N24°21'24"E 212.52'f — 40' WIDE EASEMENT CONCRETE 0.195 ACRE SEAWALL 8,488.OB SQ. FT. L_S24°21'24"W 211.89' CONCRE T I:: STAIRS 20' MAINTENANCE EASEMENT ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST - 11TH, 2023 AND FEBRUARY 28, 2024. DRAWN BY: CDW DATE: 02/27/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 14-EL CONSTANTS CONDOMINIUMS SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1"= 100' 100' 50' 0' 100' WOODED: ' 7AINING WAD J w ":1•o M 0 0 in cow I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR EL CONSTANTE CONDOMINIUMS LOCATED IN T8PL3tI10194575 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH _� 10BB A CENTURY FM 0OLUT1ON0 � 9894 FM Aransas Pass, TX 78338 (381)334-5719 - tbsmtth.com REV. NO: 02 REV. DATE: 04/29/2024 REV. BY: CDW REVISION DESCRIPTION: UPDATING MAINTENANCE EASEMENT ON EAST SIDE TB S T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.195 ACRE 8,488.08 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.195 (8,488.08 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a tract conveyed to El Constante Condominiums., recorded in Clerk's File No. 423797, Condominium Records of Nueces County, Texas, (C.R.N.C.T.), said tract being Lot 1-A, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 49, Pages 20-21, Map Records of Nueces County, Texas, (M.R.N.C.T.), said EASEMENT being more particularly described as follows: Beginning at a corner on the common line of said Lot 1-A and a tract conveyed to Gulfstream Condominiums, recorded in Vol. 9 Page 412, C.R.N.C.T., said tract being Lots 2, 3, 4, and 5, Block 45, Padre Island — Corpus Christi Section A, recorded in Volume 33, Pages 97-99, M.R.N.C.T., from which a pk nail with washer "Hanson CC" found at the southeasterly road edge of Windward Drive bears N 65°28'54" W, a distance of 488.93 feet, the southwest corner of the herein described easement; THENCE N 24°21'24" E, across said Lot 1-A, a distance of 212.52 feet to a corner on the east boundary line of said Lot 1-A, the northwest corner of the herein described easement; THENCE S 65°36'42" E, a distance of 40.00 feet to the northeast corner of the herein described easement; THENCE S 24°21'24" W, across said Lot 1-A, a distance of 211.89 feet to a corner on the common line of said Lot 1-A and said Gulfstream Condominiums tract, the southeast corner of the herein described easement; THENCE N 66°31'09" W, with the common line of said tracts, a distance of 40.00 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.195 (8,488.08 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared April 29, 2024 STfR 9 '� Fo J' ALLEN W. KERLEY 1°F5427° , Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 3 of 3 RESOLUTION OF EL CONSTANTE CONDOMINIUM COUNCIL OF CO -OWNERS, INC. APPROVING THE NORTH PADRE ISLAND SEAWALL EASEMENT At a meeting of the Board of the El Constante Condominium Council of Co -Owners ("Council"), duly called and held on the date hereinafter stated, the Board of Directors found and resolved and does hereby FIND and RESOLVE as follows: RESOLUTIONS BE IT RESOLVED as follows: A) El Constante Board of Directors have determined that approving the Easement Agreement and accepting the Easement and Maintenance Easement as legally described in, and subject to the terms and conditions of, the Easement Agreement are necessary, appropriate, and in the best interests of the Council. B) Board hereby approves the Easement Agreement in substantially the form attached to this Resolution and accepts the Easement and Maintenance Easement as set forth therein and subject to the terms thereof. Passed by the Board on the day of ____ab , 2024. Daniel R. Brown III, President & Board Member ATTEST: Mary Miller, cretary & Board Member NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EASEMENT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT PATHWAY TO THE SEA CIA, whose address is 14802 WHITECAP BLD, Corpus Christi, TX 78418 (Grantor) in consideration of the Grantee maintaining the Michael J. Ellis Seawall ("Seawall"), does hereby grant to the CITY OF CORPUS CHRISTI, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 (Grantee), a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along certain tracts of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for EASEMENT attached and incorporated as "Exhibit A" and a map showing the location of the EASEMENT and MAINTENANCE EASEMENTS is attached and incorporated as "Exhibit B" ("Premises"). Together with the free ingress, egress, and regress to and for the Grantee, all for the purpose of erecting, constructing, installing, laying, replacing, servicing, repairing, using, maintaining, inspecting, reconstructing, modifying, removing, operating and keeping a retaining wall for erosion control and pedestrian use in, on, over, under, and along the Premises, and including any deadman, cable or other subsurface structure supporting the Seawall that extends west or east of the Premises. Grantor further assigns all rights to the Seawall improvements to Grantee and restricts Grantee's use of the easement as follows: 1. No fences, walls, permanent structures, utilities, or lighting, other than the Seawall, will be constructed within the Easement without prior approval of the adjacent property owner. 2. No utility cables, lines or wires will be erected above ground. 3. Stair hand railings on the Seawall will be maintained by the Grantee to afford pedestrian access to the beach adjoining the Seawall. 4. Practicable and continuous means of beach access will be maintained during construction. 5. The maintenance easements behind the Seawall will be used to build, maintain, repair, or rebuild the Seawall with no permanent structures located thereon. 6. The maintenance easements will be returned to their original condition following any use of the easements. 7. No person or business will be issued a permit or franchise by Grantee to conduct business on the Seawall. 8. Grantee will provide two weeks of notice prior to the start of construction activities. 1 TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to Grantee its successors, legal representatives, franchisees and the public, for the proper use as a public easement. GRANTOR The persons signing this easement conveyance as Grantor, or signing on behalf of the Grantor, represents, warrants, and guarantees that they are the Grantor or have the authority to act on behalf of the Grantor for the purpose and consideration stated. By: /0 Printe ame: 5-44-01 AMC L)AtA,I CAL Title: VP C2 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Dat rifLbiew , 2024, by Jl,11 n 5 hialIC, lathen Ias V Cl k 5 0 D capacity and on behalf of said Texas Nonprofit Corporation. MISTY KYAN COX ;�PqY PU �i _i'e4c+iNotary Public, State of Texas 'P:i Comm. Expires 05-25-2025 �!! l %,/'' Notary ID 131 14604-4 Notary Public in an or the State of Texas of in said 2 ---\\TBS.LOCAL\PANZURA\PROJECTSW-202312023.1623\DWG\3d-29-2024\i-PACPnnPnIr nrcrPiPTnnnn1a _Tuo DATL V n�nic NOTES: ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: MMC DATE: 06/07/2024 APPROVED BY: AWK JOB NO: 2023.1823 DRAWING NAME: 16 -THE PATHWAY SHEET NO: 1 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 1 VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET VICINITY MAP NOT TO SCALE TBPLS #10194575 P.O.B. O.P.R.N.C.T. 714 THE PATHWAY TO THE SEA COMMU IMPROVEMENT ASSOCIATION, IN LOT 1 B, BLK 3 LAKE PARADE SOUTH DOC. N0. 20180183Z2 O.P.R.N.C.T. LEGEND — SUBJECT TRACT — 10' & 20' MAINTENANCE EASEMENT CONCRETE SEAWALL POINT OF BEGINNING OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX DEED RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR THE THE PATHWAY TO THE SEA COMMUNITY IMPROVEMENT ASSOC. INC. LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY3854 FOMF 910690LUTION3 BS T Aransas Pass, TX 78336 (361)334-5719 - tbsmllh.com REV. NO: 00 REV. DATE: —/--/---- REV. BY: REVISION DESCRIPTION: -- \\TBS.LOCAL\PANZURA\PROJECTS\Y-202312023.1823\DWG13-4-29-2024\1-EASEMENT DESCRIPTION\1A -THF PATHWAY rnnrr, FOUND DISTURBED IRON ROD LAYING ON TOP SAND THE PATHWAY TO THE SEA COMMUNITY IMPROVEMENT ASSOCIATION, INC 3.09 ACRES LOT 1B, BLOCK 3 LAKE PARADE SOUTH DOC. NO. 2018018322 O.P.R.N.C.T. STATE TRACT 3 17.95 ACRES TRACT A-1 VOL. 2093, PG. 1018, D.R.N.C.T 10' MAINTENANCE EASEMENT LEGEND - — — SUBJECT TRACT — — — 10' & 20' MAINTENANCE EASEMENT P.O.B. O.P.R.N.C.T. M.R.N.C.T. D.R.N.C.T. • 0 NOTES: CONCRETE SEAWALL POINT OF BEGINNING OFFICIAL PUBLIC RECORDS NUECES COUNTY, TX MAP RECORDS OF NUECES COUNTY, TX DEED RECORDS OF NUECES COUNTY, TX MONUMENT (AS -NOTED) EASEMENT CORNER ALL BEARINGS AND DISTANCES CONTAINED HEREIN ARE GRID, BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205), US SURVEY FEET, NORTH AMERICAN DATUM OF 1983 (2011) A LEGAL DESCRIPTION OF EVEN DATE WITH SEAL AND SIGNATURE ACCOMPANIES THIS PLAT. THIS PLAT IS INTENDED TO BE USED FOR THE PURPOSE OF OBTAINING AN EASEMENT. FIELD SURVEY WAS PERFORMED DECEMBER 1ST- 11TH, 2023 AND FEBRUARY 26, 2024. DRAWN BY: MMC DATE: 06/07/2024 APPROVED BY: AWK JOB NO: 2023.1623 DRAWING NAME: 16 -THE PATHWAY SHEET NO: 2 OF 3 PROJECTION: TEXAS STATE PLANE SOUTH ZONE GEO. DATUM: NAD83 I VERT. DATUM: NAVD88 GRID UNITS: US SURVEY FEET SCALE: 1" = 40' 40' 20' 0' 40' TBPLS 410194575 N65°45'58"W 457.51' LEEWARD DRIVE N65°41'30"W 471.23' N24°21'24"E 50.39' CONCRETE SEAWALL 40' WIDE EASEMENT 0.045 ACRE 2014.75 SQ. FT. S24°21'24"W 50.34' , FOUND 5/8" IRON ROD ISLAND HOUSE OF PADRE ISLAND CONDOMINIUMS VOL. 4, PG 37 C.R.N.C.T. TRACT B, BLOCK 42 PADRE ISLAND SECTION A VOL. 33, PG 99 M.R.N.C.T. P.O.B. N:17,108,746.6' E:1,401,598.1' 0.30' BUILDING CONCRETE SEAWALL LU FOUND o DRILLED HOLE W/ ch oob SCRIBED "X" IN CONCRETE va co co CONCRETE SEAWALL 20' MAINTENANCE EASEMENT I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 EASEMENT PLAT CITY OF CORPUS CHRISTI NORTH PADRE ISLAND SEAWALL AN EASEMENT PLAT FOR THE THE PATHWAY TO THE SEA COMMUNITY IMPROVEMENT ASSOC. INC. LOCATED IN CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS T. BAKER SMITH A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, TX 78336 (361)334.5719 - tbsmlth.cam REV. NO: 00 REV. DATE: —/—/-- REV. BY: REVISION DESCRIPTION: T. BAKER SMITH, LLC A CENTURY OF SOLUTIONS 3854 FM 1069 Aransas Pass, Texas 78336 361.334.5719 (P) 1.866.357.1050 (TF) www.tbsmith.com TBPLS Firm No. 101102-01 TBPE Firm No. F-6084 FIELD NOTES FOR A 0.045 ACRE 2014.75 SQUARE FEET FORTY (40) FOOT WIDE EASEMENT Being a description of a 0.045 (2,014.75 sq. ft.) of an acre, FORTY (40) foot wide EASEMENT located in the City of Corpus Christi, Nueces County Texas, said easement being upon, over, through and across a 3.09 acre tract described as Lot IB, Block 3, Lake Padre South, conveyed to The Pathway to The Sea Community Improvement Association, Inc., recorded in Document No. 2018018322, Official Public Records of Nueces County Texas (O.P.R.N.C.T.); Beginning at a corner on the common line of said 3.09 acre tract and a tract conveyed to Island House of Padre Island Condominiums, recorded in Volume 4, Page 37, Condominium Records ofNueces County Texas (C.R.N.C.T.), said tract being described as Tract B, Block 42, Padre Island Section A, recorded in Volume 33, Page 97-99, Map Records ofNueces County, Texas (M.R.N.C.T.), from which a 5/8" iron rod found on the north line of said 3.09 acre tract, the west corner of said Island House of Padre Island Condominiums and the southeasterly right-of-way line of Leeward Drive (100' R.O.W.) bears N 65°41'30" W, a distance of 471.23 feet, the north corner of the herein described easement; THENCE S 65°41'30" E, with the common line of said 3.09 acre tract and said Island House of Padre Island Condominiums, passing at a distance of 0.30 feet, a drilled hole with scribed "X" in concrete found, continuing for a total distance of 40.00 feet to a corner on said common line, the east corner of the herein described easement; THENCE S 24°21'24" W, across said 3.09 acre tract, a distance of 50.34 feet to a corner on the common line of said 3.09 acre tract and a 17.95 acre tract described as Tract A-1 conveyed to State Tract 3, recorded in Volume 2093, Page 1018 of the Deed Records of Nueces County, Texas, the south corner of the herein described easement; THENCE N 65°45'58" W, with said common line, a distance of 40.00 feet to a corner on said common line, from which a 5/8" iron rod found disturbed at the common corner of said 3.09 acre tract and said 17.95 acre tract bears N 65°45'58" W, a distance of 457.51 feet, the west corner of the herein described easement; THENCE N 24°21'24" E, across said 3.09 acre tract, a distance of 50.39 feet to the POINT OF BEGINNING; Said EASEMENT containing 0.045 (2,014.75 sq. ft.) acres of land, more or less. Together with a 10-foot wide maintenance easement of the west side and a 20-foot wide maintenance easement of the east side of the herein described easement. An easement plat of even date accompanies this legal description. Basis of Bearings: Grid, State Plane Coordinate System, Texas South Zone, NAD 83 (2011) Datum. Prepared June 11, 2024 Registered Professional Land Surveyor Allen W. Kerley, R.P.L.S. No. 5427 3 of 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting January 14, 2025 Second Reading Ordinance for the City Council Meeting January 28, 2025 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3900 Acceptance of a grant totaling $32,016.60 from Gulf of Mexico Alliance for the Gulf Star Grant for the Corpus Christi Fire Department's Office of Emergency Management CAPTION: Ordinance authorizing the acceptance of a grant totaling $32,016.60 from Gulf of Mexico Alliance for the 2024 Gulf Star Program Grant for the purchase of 13 new L3Harris inter -operational radios and related accessories for the Corpus Christi Fire Department's Office of Emergency Management; and appropriating $32,016.60 in the FY 2025 Fire Grants Fund. SUMMARY: This ordinance authorizes accepting and appropriation of a grant totaling $32,016.60 from Gulf of Mexico Alliance for the Gulf Star Program Grant. The funding will be for the purchase of 13 new L3Harris inter -operational radios and related accessories for the Corpus Christi Fire Department's Office of Emergency Management. BACKGROUND AND FINDINGS: The Gulf Star Grant is a grant opportunity through the Gulf of Mexico Alliance. The Gulf of Mexico Alliance was created in 2004 and is an American partnership network that focuses on common issues in the Gulf of Mexico region. It includes state and federal agencies, tribal governments, communities, academic organizations, businesses, and non -governmental organizations. The Gulf of Mexico Alliance's goals include providing collaboration forums, developing tools to address regional issues, enabling strategic partnerships, and tracking restoration efforts. Its mission is to enhance the environmental and economic health of the Gulf of Mexico through increased regional collaboration. The Gulf of Mexico Alliance is the Regional Ocean Partnership for the Gulf of Mexico, designated by the governors of the five Gulf state (Alabama, Florida, Louisiana, Mississippi, and Texas). Each of the five Gulf states has committed time and resources to its management, including leadership of their Priority Issue Teams. The success of the Gulf of Mexico Alliance is based not only on the dedication of the five Gulf states, but also on commitment from federal partners. In particular, the Alliance relies heavily on participation from U.S. EPA, NOAA, U.S. Fish and Wildlife Service, Gulf Coast Ecosystem and Restoration Council, U.S. Department of Treasury, and U.S. Department of Defense. The organization of the Gulf of Mexico Alliance includes a small headquarters staff and several committees, working groups, and teams dedicated to addressing the priorities issues identified by the Gulf states as those that would benefit from a regional approach. The structure of how this organization functions is as follows: GULF STATE GOVERNORS Alabama' Florida I Louisiana Illissrssippi I Texas FEDERAL WORKGROUP ALLIANCE MANAGEMENT TEAM Representatives from Gulf States, and Federal AgencyAdvisors ALLIANCE STAFF ALLIANCE COORDINATION TEAM um all theIeams WATER RESOURCES COASTAL COMMUNITY RESILIENCE DATA & MONITORING BUSINESS ADVISORY COUNCIL HABITAT RESOURCES EDUCATION & ENGAGEMENT WILDLIFE & FISHERIES HUMAN BENEFITS OF NATURE INTEGRATED PLANNING MARINE DEBRIS The Alliance Management Team is comprised of representatives of the five Gulf state governors with federal agencies and other organizations serving in advisory capacity. The Alliance Coordination Team is comprised of representatives from each of the Priority Issue Teams, including state chairs, coordinators, and federal liaisons. Priority Issue Teams and Cross -Team Initiatives are the hallmark of the Gulf of Mexico Alliance. These state -led teams focus on well-defined issues and are key to the success. Participation in the teams are open and voluntary. Specific actions are developed and implemented by the voluntary participants of the teams. In the Governors' Action Plan IV, the Alliance is addressing these priorities: Coastal Community Resilience, Data & Monitoring, Habitat Resources, Education & Engagement, Water Resources, Human Benefits of Nature, Integrated Planning, Marine Debris, and Wildlife & Fisheries. The Federal Working Group is comprised of federal agencies working in the Gulf region that bring diverse expertise and established experience to the Alliance. The Business Advisory Council provides advice and input to the Gulf of Mexico Alliance from industries operating in and around the Gulf of Mexico region. The council includes representatives from tourism, oil and gas, manufacturing, utilities/energy, transportation, commercial and recreational fishing, seafood processing, agriculture, environmental contractors, and consultants. The Gulf Star Program Grant aims to provide funding for projects supporting healthy beaches, clean water, productive ecosystems, and thriving coastal communities. The grant also provides financial assistance for critically needed communication equipment for public safety organizations such as the Corpus Christi Fire Department's (CCFD) Office of Emergency Management. The Gulf Star Program leverages contributions from agencies and businesses, such as NOAA, U.S. Fish & Wildlife Service, HESS, CITGO, OXY, SHELL, Valero to fund projects. Gulf Star partners are the supporting members of the Gulf of Mexico Alliance's network of partnerships in a coordinated effort to address the most important issues facing the Gulf region. Grant funding comes directly from the Gulf of Mexico Alliance and is awarded by a grant agreement between the City of Corpus Christi and the Gulf of Mexico Alliance. The City of Corpus Christi will work solely with Gulf of Mexico Alliance headquarters on the agreement and payment. State and federal agencies are partners of the Gulf of Mexico Alliance and serve in volunteer and advisory roles on teams and committees but are not involved in the execution of the projects. The grant funds will be used to purchase 13 new L3Harris inter -operational radios and related accessories Office of Emergency management evacuation team. The L3Harris inter -operational radios are similar to those currently utilized by the Corpus Christi Fire Department. However, the 13 new L3Harris inter -operational radios will be used only by the Office of Emergency Management personnel and any City employees/officials that are activated to report to the City's Emergency Operations Command during an emergency incident. By purchasing the 13 new L3Harris inter -operational radios, it will add redundancy to the existing communications system. In the event that cell towers are disabled during any catastrophic event and evacuations, these radios will help maintain internal City communication between CCFD leadership, Office of Emergency Management personnel, City officials, and CCFD emergency personnel. The 13 new L3Harris inter -operational radios and related accessories will be housed at CCFD's Support Services Division which is located at CCFD's warehouse. The accessories that are included with this purchase are the antenna, the main radio battery, back up batteries, chargers, and belt clips. The City has not previously applied to this grant. CCFD discovered this grant while researching new grant funding opportunities over the past several months. ALTERNATIVES: The alternative is to not accept the grant award and instead seek alternative funding. However, this funding was not included in the FY 2025 General Fund budget. If the funding is not awarded through this grant, the City will need to identify alternate funding in order to purchase the radios. FISCAL IMPACT: The FY 2025 fiscal impact is the acceptance of funding in the amount of $32,016.60 and appropriating $32,016.60 into the FY 2025 Fire Grants fund. FUNDING DETAIL: Fund: 1062 Fire Grants Organization/Activity: 830026S Department: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $32,016.60 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate a grant totaling $32,016.60 for the purchase of 13 new L3Harris inter -operational radios and related accessories for the Corpus Christi Fire Department's Office of Emergency Management, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of a grant totaling $32,016.60 from Gulf of Mexico Alliance for the 2024 Gulf Star Program Grant for the purchase of 13 new L3Harris inter -operational radios and related accessories for the Corpus Christi Fire Department's Office of Emergency Management; and appropriating $32,016.60 in the FY 2025 Fire Grants Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Funding in the amount of $32,016.60 is accepted by the City of Corpus Christi ("City") from the Gulf of Mexico Alliance, under the 2024 Gulf Star Program Grant, for purchase of 13 new L3Harris inter -operational radios and related accessories for the Corpus Christi Fire Department's Office of Emergency Management. Funding in the amount of $32,016.60 is appropriated into the FY 2025 Fire Grants Fund. SECTION 2. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. No cash match is required. SECTION 4. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry- over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no -cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Fire Chief is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these Gulf of Mexico Alliance funds, the City assures that the funds will be returned to the Gulf of Mexico Alliance, in full. Introduced and voted on the day of January, 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary L3HARRIS' FAST. FORWARD. XL CONNECTSM45P Affordable, Flexible, Unstoppable. Gulf of Mexico Alliance 2024 Gulf Star Program Grant Ordinance Authorizing Acceptance of Grant Award Fire Department Fire Chief Brandon Wade January 14, 2024 Background Information The Gulf of Mexico Alliance's goals include providing collaboration forums, developing tools to address regional issues, enabling strategic partnerships, and tracking restoration efforts. Its mission is to enhance the environmental and economic health of the Gulf of Mexico through increased regional collaboration. The City of Corpus Christi has received an award of $32,016.60. Background Information This grant will provide funding for: The purchase 13 new L3Harris inter -operational radios and related accessories Office of Emergency management evacuation team. By purchasing the 13 new L3Harris inter -operational radios, it will add redundancy to the existing communications system. In the event that cell towers are disabled during any catastrophic event and evacuations, these radios will help maintain internal City communication between CCFD leadership, Office of Emergency Management personnel, City officials, and CCFD emergency personnel. Gulf of Mexico Alliance 2024 Gulf Star Program Grant Questions? AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2025 DATE: TO: January 14, 2025 Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Accepting and appropriating funds from the State of Texas, Criminal Justice Division for funding available under the FY 2025 Criminal Justice Grant Program for in -car video systems for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of grant funds from the State of Texas, Criminal Justice Division, under the FY 2025 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $39,993.25 for the purchase of 10 additional Panasonic in -car video systems for the Corpus Christi Police Department; and appropriating $39,993.25 into the Police Grants Fund. SUMMARY: Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division for the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. BACKGROUND AND FINDINGS: Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. In -car camera systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. With these grant funds, the Corpus Christi Police Department (CCPD) will purchase 10 additional in -car camera systems. The 10 additional in -car camera systems will expand CCPD's inventory of in -car camera systems needed for marked patrol vehicles. The 10 additional in -car camera systems will eventually be installed by a licensed Panasonic installer as part of the vehicle upfitting process for 10 patrol police vehicles. The 10 patrol police vehicles are expected to be received by CCPD in Spring 2025. CCPD currently has 175 in -car camera systems installed in police vehicles. Once the 10 additional in -car vehicle camera systems are installed, CCPD will have a total of 185 in -car camera systems installed in police vehicles. The project period is from October 1, 2024, through September 30, 2025. Last year, the City received $45,761 from this grant. CCPD used the grant funds to purchase six additional Panasonic in -car camera systems. ALTERNATIVES: The alternative is not to accept the funds and not have fewer in -car camera systems to equip police vehicles. However, in car camera systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. FINANCIAL IMPACT: The FY 2025 fiscal impact is the acceptance of funding in the amount of $39,993.25 and appropriating $39,993.25 into the Police Grants fund. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund — 822915F Mission Element: 151 Project # N/A Account: 520090 — Minor Tools & Equipment Amount: $39,993.25 RECOMMENDATION: Staff recommends acceptance and appropriation of the grant funds in the amount of $39,993.25 for the purchase of 10 additional Panasonic in -car video systems for the Corpus Christi Police Department, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award Ordinance authorizing the acceptance of a grant from the State of Texas, Criminal Justice Division, under the FY 2025 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $39,993.25 for the purchase of 10 additional Panasonic in -car video systems for the Corpus Christi Police Department; and appropriating $39,993.25 into the Police Grants Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Funding in the amount of $$39,993.25 is accepted by the City of Corpus Christi ("City") from the State of Texas, Criminal Justice Division for the Edward Byrne Memorial Justice Assistance Grant Program ("JAG"), under the FY 2025 Edward Byrne Memorial Justice Assistance Grant Program Grant, for purchase of purchase 10 additional in -car video systems. Funding in the amount of $39,993.25 is appropriated into the FY 2025 Police Grants Fund. SECTION 2. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. No cash match is required. SECTION 4. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry- over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no -cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Chief of Police is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these JAG funds, the City assures that the funds will be returned to the Criminal Justice Division for the Edward Byrne Memorial Justice Assistance Grant Program, in full. Introduced and voted on the day of January, 2025. PASSED and APPROVED on the day of , 2025. 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: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: Unique Entity Identifier (UEI): 5004101 12/12/2024 10/01/2024 - 09/30/2025 12/29/2025 DJ -Edward Byrne Memorial Justice Assistance Grant Program Corpus Christi, City of in Car Video Systems Magda Torres XETBTPKCL895 CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Award Amount: Grantee Cash Match: Grantee In Kind Match: Grantee GPI: $39,993.25 $0.00 $0.00 $0.00 Total Project Cost: $39,993.25 16.738 - Edward Byrne Memorial Justice Assistance Grant Program U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 9/25/2023 15PBJA-23-GG-03034-JAGX $16,452,044.00 Texas Office of the Governor — Criminal Justice Division (CJD) No Federal/State Award Description: The purpose of this program is to reduce crime and improve the criminal justice system. State of Texas Criminal Justice Division FY 2025 Edward Byrne Memorial Justice Assistance Grant Program Ordinance Authorizing Acceptance of Grant Award Police Department Chief of Police Mike Markle January 14, 2024 Background Information Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. In -car camera systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. The City of Corpus Christi has received an award of $39,993.25 . Background Information This grant will provide funding for: The purchase of 10 additional in -car camera systems. The 10 additional in -car camera systems will expand CCPD's inventory of in -car camera systems needed for marked patrol vehicles. The 10 additional in -car camera systems will eventually be installed by a licensed Panasonic installer as part of the vehicle upfitting process for 10 patrol police vehicles. The 10 patrol police vehicles are expected to be received by CCPD in Spring 2025. FY 2025 Edward Byrne Memorial Justice Assistance Grant Program Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of January 14, 2025 DATE: TO: FROM: January 14, 2025 Peter Zanoni, City Manager Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Accepting and Appropriating funds from the Department of Justice, Bureau of Justice Assistance for the FY 2024 Edward Byrne Justice Assistance Grant Award for the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $186,309.00 for the FY 2024 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $186,309.00 in the Police Grants Fund with $93,154.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $93,155.00 to be used by the City. SUMMARY: This Ordinance authorizes the acceptance of a grant and appropriation of funds from the Bureau of Justice Assistance for the purchase of equipment to enhance law enforcement efforts. BACKGROUND AND FINDINGS: The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than Nueces County, yet Nueces County is responsible for providing criminal justice services such as incarceration and prosecution for the City. Because of this, the City has agreed to split the funds with Nueces County. The agreement between the City and Nueces County to split the funds received by the City from the Edward Byrne Memorial Justice Assistance Grant Program has been in place since 2008. Under the Justice Assistance Grant (JAG), Corpus Christi was declared a disparate jurisdiction in 2008 by the Department of Justice. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to the United State Department of Justice's Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and Nueces County have agreed that the City will serve as the lead agency, as has been the case in the past. The City and Nueces County agree to enter into a new interlocal agreement each year when beginning the JAG application process. The interlocal agreements are specific to each JAG grant's particular requirements. Nueces County Commissioners Court approved the interlocal agreement on October 2, 2024. The City will use the funds received from this grant to partially fund year three of the five-year lease agreement between the City and Axon Enterprise, Inc. for 445 tasers, supplies, software licenses, and training for the Corpus Christi Police Department. The five-year lease agreement between the City and Axon Enterprise, Inc. was approved by the City Council on September 13, 2022. The City uses a combination of funds from the Crime Control and Prevention District and the Edward Byrne Memorial Justice Assistance Grant to fund the lease agreement between the City and Axon Enterprise, Inc. With this award, the program has provided a total of $6,468,813.00 in grant funds to the City since the program began in 1996. The funds have previously been used to purchase vehicles and other law enforcement equipment. The 2023 JAG grant amount received was $227,390.00 and was split in half between the City and the County, per the interlocal agreement. ALTERNATIVES: The alternative is not to accept the grant which will result in the City not receiving the potential grant funds in order to partially fund year two of the five-year lease agreement between the City and Axon Enterprise, Inc. FISCAL IMPACT: The fiscal impact in FY 2025 is the acceptance of grant funds in an amount of $186,309.00 and appropriating $186,309.00 to Police Grants Fund. There is no required match funding. Due to an interlocal agreement $93,154.00 will be distributed to Nueces County and the remaining $93,155.00 to be used by the City for the purchase of tasers. Funding Detail Fund 1061 Police Grants Fund Activity: 822840F Department: 29 Project # (CIP Only): N/A Account: 520090 Amount: $186,309.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Statement of grant award Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $186,309.00 for the FY 2024 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $186,309.00 in the Police Grants Fund with $93,154.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $93,155.00 to be used by the City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Funding in the amount of $186,309.00 is accepted by the City of Corpus Christi ("City") from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the Edward Byrne Memorial Justice Assistance Grant Program ("JAG"), under the FY 2024 Edward Byrne Memorial Justice Assistance Grant program Grant. Funding in the amount of $186,309.00 is appropriated into the FY 2025 Police Grants Fund. SECTION 2. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. No cash match is required. SECTION 4. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry- over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no -cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Chief of Police is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these JAG funds, the City assures that the funds will be returned to the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in full. Introduced and voted on the day of January, 2025. PASSED and APPROVED on the day of ATTEST: , 2025. 2 Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient: CITY 1201 City, State and Zip: CORPUS Recipient UEI: XETBTPKCL895 OF CORPUS CHRISTI LEOARD ST CHRISTI, TX 78469 Project Title: FY 2024 Edward Byrne Memorial Justice Assistance Grant Fward Number: 15PBJA-24-GG-05288-JAGX Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $186,309.00 Federal Award Date: 12/5/24 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: O Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/23 'Budget Period End Date: 9/30/27 Project Description: The disparate jurisdictions of City of Corpus Christi and Nueces County will use JAG funds for equipment, training travel, and ammunition. Specifically, the County of Nueces (District Attorneys Office) will use JAG funds for laptops, drive storage, and office furniture, the Nueces County Sheriff's Office will use JAG funds for ammunition and training travel, and the City of Corpus Christi will use JAG funds to pay a 3rd year payment for 400 tasers providing updated technology for officers. Page: 1 of 23 Award Letter December 5, 2024 Dear Pat Eldridge, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF CORPUS CHRISTI for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $186,309. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Brent J. Cohen Acting Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age. Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs. Page: 2 of 23 OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations. Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner. For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCRno .usdo. ov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/ nepa.html. NEPA Coordinator First Name Middle Name Last Name Orbin no value Terry Page: 3 of 23 Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CITY OF CORPUS CHRISTI UEI XETBTPKCL895 Street 1 1201 LEOARD ST City CORPUS CHRISTI Zip/Postal Code 78469 County/Parish no value Award Details Federal Award Date 12/5/24 Award Number 15 PBJA-24-G G-05288-JAGX Federal Award Amount $186,309.00 Street 2 State/U.S. Territory Texas Country United States Province no value Award Type Initial Supplement Number 00 Funding Instrument Type Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). [X] / have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Page: 4 of 23 Solicitation Title Awarding Agency OJP 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Program Office Application Number GRANT14252322 Grant Manager Cynthia Tims BJA Phone Number E-mail Address 202-735-7638 Cynthia.Tims@usdoj.gov Project Title FY 2024 Edward Byrne Memorial Justice Assistance Grant Performance Period Start Date 10/01/2023 Performance Period End Date 09/30/2027 Budget Period Start Date Budget Period End Date 10/01/2023 09/30/2027 Project Description The disparate jurisdictions of City of Corpus Christi and Nueces County will use JAG funds for equipment, training travel, and ammunition. Specifically, the County of Nueces (District Attorneys Office) will use JAG funds for laptops, drive storage, and office furniture, the Nueces County Sheriff's Office will use JAG funds for ammunition and training travel, and the City of Corpus Christi will use JAG funds to pay a 3rd year payment for 400 tasers providing updated technology for officers. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Condition 1 Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination Page: 5 of 23 against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:// www.federalregister.gov/d/02-15207) and is incorporated by reference here. Condition 2 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Condition 3 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38. Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. In addition, Part 38 states that a faith -based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law. Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations. In certain instances, a faith -based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/ funding/explore/Iegaloverview2024/civilrightsrequirements. Condition 4 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. Page: 6 of 23 By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Condition 5 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Condition 6 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Condition 7 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Page: 7 of 23 Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. Condition 8 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Condition 9 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Condition 10 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. Condition 11 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Condition 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements. Page: 8 of 23 Condition 13 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Condition 14 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. Condition 15 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for Page: 9 of 23 the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Condition 16 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Condition 17 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. Condition 18 Restrictions and certifications regarding non -disclosure agreements and related matters Page: 10 of 23 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Condition 19 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. Condition 20 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of Page: 11 of 23 federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. Condition 21 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. Condition 22 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Condition 23 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Condition 24 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and Page: 12 of 23 OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Condition 25 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. Condition 26 Requirement to report actual or imminent breach of personally identifiable information (PI I) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. Condition 27 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first - tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Condition 28 Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Page: 13 of 23 Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards), and are incorporated by reference here. Condition 29 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Condition 30 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Condition 31 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements. Condition 32 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. Condition 33 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has Page: 14 of 23 changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training -entity -management. Condition 34 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Condition 35 Body -worn cameras, policies and procedures In accepting this award, the recipient agrees not to use award funds for purchases of body -worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. Condition 36 Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Condition 37 The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). Condition 38 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official Page: 15 of 23 position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. Condition 39 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. Condition 40 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Condition 41 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. Condition 42 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Condition 43 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. Condition 44 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. Condition 45 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. Page: 16 of 23 Condition 46 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Condition 47 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Condition 48 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. Condition 49 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Condition 50 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Condition 51 Compliance with National Environmental Policy Act and related statutes Page: 17 of 23 Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Condition 52 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. Condition 53 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting Page: 18 of 23 requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Condition 54 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. Condition 55 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Condition 56 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). Condition 57 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. Condition 58 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". Page: 19 of 23 In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. Condition 59 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Condition 60 Extreme risk protection programs funded by JAG must include, at a minimum: pre -deprivation and post -deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in -person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre -deprivation and post -deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. Condition 61 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Condition 62 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to NON-LEAs" do not apply to this award. Condition 63 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Condition 64 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the Page: 20 of 23 period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. Condition 65 Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition. Condition 66 Withholding of funds for Budget narrative or information The recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and an Award Condition Modification has been issued to remove this condition. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Acting Assistant Attorney General Name of Approving Official Signed Date And Time Brent J. Cohen 12/2/24 3:43 PM Page: 21 of 23 Authorized Representative [X] Entity Acceptance Title of Authorized Entity Official Management Services Director Name of Authorized Entity Official Pat Eldridge Signed Date And Time 12/10/2024 10:02 PM Page: 22 of 23 Page: 23 of 23 Department of Justice FY 2024 Edward Byrne Memorial Justice Assistance Grant Program Ordinance Authorizing Acceptance of Grant Award Police Department Chief of Police Mike Markle January 14, 2024 Background Information Under the Justice Assistance Grant (JAG), Corpus Christi was declared a disparate jurisdiction in 2008 by the Department of Justice. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. The City of Corpus Christi has received an award of $186,309.00. Background Information This grant will provide funding for: To partially fund year three of the five-year lease agreement between the City and Axon Enterprise, Inc. for 445 tasers, supplies, software licenses, and training for the Corpus Christi Police Department. The five-year lease agreement between the City and Axon Enterprise, Inc. was approved by the City Council on September 13, 2022. The City uses a combination of funds from the Crime Control and Prevention District and the Edward Byrne Memorial Justice Assistance Grant to fund the lease agreement between the City and Axon Enterprise, Inc. FY 2024 Edward Byrne Memorial Justice Assistance Grant Program Questions? AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2025 DATE: TO: January 14, 2025 Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 Accepting and appropriating funds from the State of Texas, Criminal Justice Division for funding available under the Body -Worn Camera Grant Program FY 2025 for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of grant funds from the State of Texas, Criminal Justice Division, under the FY 2025 Body -Worn Camera Grant Program in the amount of $106,017.00 for the purchase of 70 additional body -worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $106,017.00 in the Police Grants Fund with a cash match of $35,339.00 from the Law Enforcement Trust Fund. SUMMARY: This ordinance will authorize acceptance of $106,017.00 to the State of Texas under the Body - Worn Camera Grant Program, with a City cash match of $35,339.00, for body -worn cameras for the Corpus Christi Police Department. Funding is available from the State of Texas, Criminal Justice Division, under the Body -Worn Camera Grant Program FY 2025 for projects to equip peace officers with body -worn cameras. BACKGROUND AND FINDINGS: In 2019, Corpus Christi Police Department (CCPD) invested in the Panasonic body -worn camera and in -car camera system. In 2022, the City received $75,000 with a $25,000 cash match for the purchase of 280 body -worn cameras. The 280 body -worn cameras were issued to CCPD field officers. In 2023, CCPD again applied and received funding from this grant for the purchase of 100 additional Body Worn Cameras. This brought CCPD's body -worn camera inventory total to 380. All 380 body -worn cameras are issued to CCPD field officers. With this grant, CCPD will purchase 70 additional body -worn cameras, bringing the total inventory to 450 cameras. CCPD currently needs additional body -worn cameras for the sworn officer positions that were added in the approved FY 2024 Budget, as well as to replace body -worn cameras that have failed in the field. This grant provides funding for the purchase of 70 additional body -worn cameras and related equipment for sworn officers. The sworn officers that will be assigned the body -worn cameras are those who engage in field work. This means sworn officers that are assigned to traffic or highway patrol or otherwise regularly detain or stop motor vehicles, or primary responders who respond directly to calls for assistance from the public. The funding from this grant will be used to purchase the following items listed below. Funding from the State will provide for the following: 1. Body Worn Cameras and licenses (70) 2. Magnetic mounts for cameras on officers (70) 3. Five-year warranty (70) 4. Eight bay charging dock, AC adapter to charge cameras (8) 5. Storage The purchase of 70 body -worn cameras will be made through the current five-year agreement with TurnKey Mobile, Inc., who is the City's current supplier for body -worn cameras. The agreement with TurnKey Mobile, Inc. also provides warranty for the replacement of the body -worn cameras if damaged or defective. CCPD's long-term goal is to issue every sworn officer their own body -worn camera, not just the sworn officers that engage in field work. This project will ensure that CCPD continues to update the cameras with the latest technology available from Panasonic through proactive purchasing and the replacement of body -worn cameras. The City's Information Technology (IT) department actively works with CCPD's Operations Division to maintain a working cache of body -worn cameras and will continue to do so with the new supply. The grant period for this grant is October 1, 2024, through September 30, 2025. Last year, the City received $153,027.00 from this grant, with a City cash match of $51,009.00 from the Law Enforcement Trust Fund. The funds were used to purchase 100 body -worn cameras for CCPD. ALTERNATIVES: The alternative is not to submit the grant and instead to find available funding within the General Fund to replace body -worn cameras as they fail or break. However, additional General Fund funding will be needed to purchase the additional body -worn cameras that will need to be issued to cadets after they graduate from the Police Training Academy and begin their field training. FINANCIAL IMPACT: The Body Worn Camera Grant in the amount of $106,017.00 will increase the Police Grants Revenue for the Body Worn Camera Program, along with a cash transfer of $35,339.00 from the FY 2025 Law Enforcement Trust Fund to the Police Grants Fund for the City cash match. Funding Detail Fund 1061 Organization/Activity 822914S Department Police Project # (CIP Only): N/A Account 520090 Amount $106,017.00 Fund 1074 Organization/Activity: 826000S Department Police Project # (CIP Only): N/A Account: 520090 Amount: $35,339.00 RECOMMENDATION: Staff recommends accepting and appropriating of the grant award, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing acceptance of grant funds from the State of Texas, Criminal Justice Division, under the FY 2025 Body - Worn Camera Grant Program in the amount of $106,017.00 for the purchase of 70 body -worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $106,017.00 in the Police Grants Fund with a cash match of $35,339.00 from the Law Enforcement Trust Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Funding in the amount of $106,017.00 is accepted by the City of Corpus Christi ("City") from the State of Texas, Criminal Justice Division, under the FY 2025 Body - Worn Camera Grant Program. Funding in the amount of $106,017.00 is appropriated into the FY 2025 Police Grants Fund with a cash match of $35,339.00 from the Law Enforcement Trust Fund. SECTION 2. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. The City Council commits to provide for the applicable cash match contribution of $35,339.00 from the Law Enforcement Trust Fund. SECTION 4. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry- over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no -cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Chief of Police is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these Body -Worn Camera Grant funds, the City assures that the funds will be returned to the State of Texas, Criminal Justice Division, in full. Introduced and voted on the PASSED and APPROVED on the day of January, 2025. day of ATTEST: , 2025. 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 Tnformation 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: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: Unique Entity Identifier (UEI): CFDA: N/A Federal Awarding Agency: Federal Award Date: N/A - State Funds Federal/State Award ID 2025-BC-ST 0020 Number: Total Federal Award/State Funds $10,000,000.00 Appropriated: 4394803 12/12/2024 10/01/2024 - 09/30/2025 12/29/2025 BC -Body -Worn Camera (BWC) Program Corpus Christi, City of Body Worn Camera Grant Alyssa Hernandez XETBTPKCL895 N/A - State Funds Award Amount: $106,017.00 Grantee Cash Match: $35,339.00 Grantee In Kind Match: $0.00 Grantee GPI: $0.00 Total Project Cost: $141,356.00 Pass Thru Entity Name: Texas Office of the Governor — Criminal Justice Division (CJD) Is the Award R&D: No Federal/State Award Funds are used for the purchase of body cameras and digital storage systems to serve as a tool in a Description: law enforcement comprehensive problem -solving approach to enhance officer interactions with the public, build community trust, and gather important evidence for use in the prosecution of crimes. State of Texas, Criminal Justice Division FY 2025 Body -Worn Camera Grant Program Ordinance Authorizing Acceptance of Grant Award Police Department Chief of Police Mike Markle January 14, 2024 Background Information CCPD currently needs additional body -worn cameras for the sworn officer positions that were added in the approved FY 2024 Budget, as well as to replace body -worn cameras that have failed in the field. The City of Corpus Christi has received an award of $106,017.00 with a cash match of $35,339.00. Background Information This grant will provide funding for: This grant provides funding for the purchase of 70 additional body -worn cameras and related equipment for sworn officers. The sworn officers that will be assigned the body -worn cameras are those who engage in field work. This project will ensure that CCPD continues to update the cameras with the latest technology available from Panasonic through proactive purchasing and the replacement of body -worn cameras. State of Texas, Criminal Justice Division FY 2025 Body -Worn Camera Grant Program Questions? AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2025 Action Item for the City Council Meeting January 28, 2025 DATE: TO: December 20, 2024 Peter Zanoni, City Manager FROM: Kathleen Chapa, Director of Animal Care Services KathleenB@cctexas.com 361-826-3064 Ordinance authorizing the acceptance of grant from the American Society for the Prevention of Cruelty to Animals (ASPCA) under the 2024 National Shelter Initiative Grants — Animal Outcomes for $94,634.00 with a City cash match of $14,192.00 CAPTION: Ordinance authorizing the acceptance of grant from the American Society for the Prevention of Cruelty to Animals (ASPCA) under the 2024 National Shelter Initiative Grants —Animal Outcomes for $94,634.00 with a City cash match of $14,192.00 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; and amending the Animal Care Services Grant Fund. SUMMARY: To receive the American Society for the Prevention of Cruelty to Animals program funds, the entity requires award recipients to sign a Grant Agreement identifying the recipient's responsibilities and ASPCA's responsibilities. An appropriation of $14,192.00 is available from the Building Maintenance and Services line item in the Corpus Christi Animal Care Service General Fund to fund the City's match for the project. Reimbursement grant funds will be deposited into the 1079 — Animal Care Services Grant Fund for the Animal Outcomes project. The City's FY 2025 Animal Care Services Grant fund will be amended to increase expenditures by $94,634.00. The City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) amendments which will provide supplemental grant funds in amount not to exceed 20% of the original grant; c) reimbursement increases of administration funds for each participant served; d) amendments to comply with applicable State of Federal laws and regulations; and e) amendments which do not change the essential purpose of the grant. BACKGROUND AND FINDINGS: ASPCA's mission is to provide effective means for the prevention of cruelty to animals throughout the United States. The National Shelter Grant Initiative is funded through the ASPCA. The grant is designed to support shelters in caring for cats, dogs, and equines during challenging times. The ASPCA is offering $3 million annually in grants to support US shelters by funding programs that support animal outcomes, animal physiological health, and access to veterinarian care. Individual grant awards will range from $20,000 to $95,000. On December 19, 2024, the City of Corpus Christi was awarded a grant from the American Society for the Prevention of Cruelty to Animals totaling $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. Installing these improvements will promote better health and behavior among the animals at the Corpus Christi Animal Care Services Department. The added shade and air conditioning will create a more comfortable environment, encouraging visitors to stay longer and interact with the animals. The improved atmosphere will lead to increased adoptions and positive animal outcomes. ALTERNATIVES: The Council may choose not to approve the grant agreement, and the ASPCA will reallocate the funds to other entities who applied. FISCAL IMPACT: The $94,634.00 will be amended and appropriated in the FY 2025 Animal Care Services grant fund. The $14,192.00 required cash match is available in the FY 2025 Animal Care Services General Fund budget. Funding Detail: Fund: 1077 Animal Care Services Grant Fund Organization/Activity: 89 Grants & Capital Project Funds/ 838001 L FY24 ASPCA Grant Department: 52 Animal Care Services Account: 530000 Professional Services/ 520130 Maintenance and Repairs Fund: 1077 Animal Care Services Grant Fund Organization/Activity: 89 Grants & Capital Project Funds / 838001 M FY24 ASPCA Match Department: 52 Animal Care Services Account: 520130 Maintenance and Repairs RECOMMENDATION: Staff recommends approval of the grant agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Agreement Presentation Certificate of Funds Ordinance authorizing the acceptance of grant from the American Society for the Prevention of Cruelty to Animals (ASPCA) under the 2024 National Shelter Initiative Grants — Animal Outcomes for $94,634.00 with a City cash match of $14,192.00 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; and amending the Animal Care Services Grant Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee ("City Manager") is authorized to execute all documents necessary to accept grant from the American Society for the Prevention of Cruelty to Animals (ASPCA) under the 2024 National Shelter Initiative Grants — Animal Outcomes for $94,634.00 with a City cash match of $14,192.00 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. SECTION 2. The $94,634.00 from this ASPCA grant is appropriated in the No. 1077 Animal Care Services Grant Fund to be used 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. SECTION 3. The cash match of $14,192.00 is available in the FY 2025 Animal Care Services General Fund budget. SECTION 4. In the event the ASPCA terminates the Grant, it shall so notify the City, whereupon it, if so requested by the ASPCA, the City shall promptly refund and pay back to the ASPCA any unexpended balance of the Grant funds in the Grantee's hands or under its control or any expended Grant funds deemed to have been misappropriated per the terms of the Agreement. Introduced and voted on the day of January, 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary American Society for the Prevention of Cruelty to Animals - FY 2024 National Shelter Initiative Grant Ordinance Authorizing Acceptance of Grant Award Animal Care Services Department Director Kathleen Chapa January 14, 2025 Background Information On December 19, 2024, the City of Corpus Christi was awarded a grant from the American Society for the Prevention of Cruelty to Animals totaling $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. The fiscal impact is $14,192.00 and funding will be appropriated in grant activity 870114L. Background Information Community Impact Installing these improvements will promote better health and behavior among the animals at the Corpus Christi Animal Care Services Department. The added shade and air conditioning will create a more comfortable environment, encouraging visitors to stay longer and interact with the animals. The improved atmosphere will lead to increased adoptions and positive animal outcomes. American Society for the Prevention of Cruelty to Animals FY 2024 National Shelter Initiative Grant Questions? AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 01/14/25 Second Reading Ordinance for 01/28/25 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3@cctexas.com (361) 826-3596 Wastewater Trunk Line Construction and Reimbursement Agreement with MPM Development, LP for wastewater improvements for King's Landing Unit 9 CAPTION: Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $77,285.28 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 9 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 $77,285.28 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 24.86 acres of single-family residential homes with approximately 104 lots to be built and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $77,285.28. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 24.86 acres subdivision named King's Landing Unit 9 subdivision located north of Lady Claudia Street and west of London Pirate Road. The plat was approved by the Planning Commission on September 20, 2023. The wastewater improvements consist of 174 linear feet of 15" PVC pipe. The allowable reimbursement amount is $77,285.28. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk Line Construction Standards. The project is eligible for reimbursement from the Wastewater Trunk Line 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 9 subdivision development. An alternative to utilizing trust funds to construct the wastewater trunk line improvements would be to construct them with a city -initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the wastewater improvements is $77,285.28. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fees from Water and Wastewater Utilities fund as presented by the City Manager to $77,285.28 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund 21805 Water Arterial Transmission and Grid Main Trust 777 N/A 540450 Reimbursement to Developers 4030 Water Distribution Main Trust Fund 21806 Water Distribution Main Trust 777 N/A 540450 Reimbursement to Developers 4220 Sewer Trunk System Trust Fund 21800 Sewer Trunk System Trust 777 N/A 540450 Reimbursement to Developers 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) Reimbursement Agreement Presentation Location Map Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $77,285.28 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 9 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 $77,285.28 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 24.86 acres known as King's Landing Unit 9 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 15-inch Wastewater Trunk 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; WH EREAS, 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 Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development ("Developer"), for the extension of a 15-inch wastewater trunk line, including all related appurtenances, for the development of King's Landing Unit 9 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund are transferred to the No.4220-21800-777 Wastewater Trunk System Trust Fund until $77,285.28 is appropriated in accordance with Section 4 of this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate $77,285.28 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system construction and improvements in accordance with the Agreement. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE SYSTEM CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Trunk 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 24.86 acres known as King's Landing Unit 9 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 Trunk 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 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 1 of 12 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 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: Kings Landing Unit 9 - Cost Sheet SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 174 LF $195.00 $33,930.00 2 FIBERGLASS MANHOLE 1 EA $20,000.00 $20,000.00 3 DEEP CUT CONNECTION 1 EA $10,000.00 $10,000.00 $63, 930.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM SEWER PIPES OF ALL SIZES) 174 LF $9.00 $1,566.00 $1,566.00 SUBTOTAL $65,496.00 ENGINEERING, SURVEYING, & TESTING (11%) $7,204.56 CONTINGENCY (7%) $4,584.72 TOTAL $77,285.28 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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 $77,285.28. 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 $77,285.28 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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 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 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 4 of 12 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 Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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 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. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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 Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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 Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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.html. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 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 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 Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice Deputy City Attorney For City Attorney (Date) Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 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 General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 12 of 12 EXHIBIT 1 N89° 04' 28" E 591. 87' 5' UE, 00C. N0. XX, O. R. CURVE DATA Q 0=90.00'00' R=15. 00' T=15. 00' L=23. 56' CB=S45.55.32.E Z - CH=21.21' 0 m QB D=48.45'01• R=35. 00' T=15. 86• =29. 78' CB=N64. 41'57'E CH=28. 89' © D=277. 30. ON R=56. 00' i=49. 11' L=2]1. 22' CB=S00'55' 32'E ry CH=70 85' O �� 3J m -- 9132 SF 99 • 0 2 9906 SF QO 0=48.45'01" . n 9188 SF 8208 SF n N 7]1B SF ry ui 9139 SF R=35. 00' O - L T=15. 96' O , y0. , CB=N 6'78,e m m CB=28. 89''01'V O ' �'_ �3 CH=28. 89' - 36 A9%\o\ 0 25' YR • c 10156 SF a'/ / M j 75. 00' 5• EE 67. 00• 63. ON Q 0S89. 04. 28•V 279. It' n' CO;NLE _ N89'Oa•28'E 400. 02• N89.04'28'E 279. 11' ru CJ 5UE 146. 43' 90. 44' O Sl 52 9922 SF 9138 SF x 4 yal� ° 50 < 49, '� > 10195 SF e.,\°\ N88'59.37' 98. l4' 10158 SF \N\\ 990]e SF I'0y 9132 SF 4 , 75. 00' 67. 00' 5'UE 63. 00' 75. 00•-I ml H 53 54 55 56 9188 SF N bl 8208 SF N ,9 7718 SF N & 9139 SF On ki m m Ni 25YR 37. 50'0 37. 50' 75. 00' 5' EE 67. 00' _ 63. ON_ 60. 00' J i_ 75. 00' S89.04'28'V 279. I1' TARGARYEN CT N89.04' 20'r"400. 02' N89.04.28'E 279. 11' 67. OCT 63. 00' 5' EE 60. 00' 25' YR 46 45 44 - 43 9188 SF MI 8208 SF 0, 9 o 5 7718 SF 9139 SF m UE S89.04.28'V QE 0=90.00'00' R=15. 00' T=15. 00' L=23. 56' CB=S44'04' 28•V CH=21. 21' a D=90.00' 00' R=15. 00• L=15. 00' =23. 56' CB=N45.55. 32'1! CH=21. 21' © 0=90'00'00' R=15. 00' i=15. 00' L=23. 56' CB=N44' 04' 28'E CH=21. 21' S 22 146. 15' 5E 90. 30' N88.59' 37' y 97. 72' 35 \N\\ 10120 SF PA 04 5 0. �2�ta 34 33 ?> 9878 SF 9138 SF Ze 5' UE 23 90. 44' S89°04 75. 00 67. 00' 5' UE 63. 00' 75. 00' 67. 00' 5'EE 63. 00' 25' YR 60.00 32 31 m 30 N29 9188 SF 9 8208 SF N 7] 8 SF 41 9139 SF 75. 00' 8"W 591 25 KING'S LANDING UNIT 5 V. X, P. XX THRU XX, M. R. 04 0 67. 00' 26 63. 00' 5'UE 75. 00' -5' Ur- 27 28 37. 50' Im N00° 55' 32" W 11. 50' 11 0.UE% DOC. %, 0. R. �500° 55' 32" E 5. 50' N89° 04' 28' E 1110. 33' 37. 50' - Nl c ,41l 50' 37. 50' .00' 50. 00' 5' UE 50. 00' Ze 2 5902 SFr � 5850 SF o 00' 50. 00' 3 5850 SF 50. 00• 50.00 12 4 -a 5 5850 Sr; In 5850 SF 25' YR 50. 00. 5 E 50.00 50. 00' 50. 00' 6 5850 SF 50. 00 50. 00' 5850 SF7 B LARGARYEN Si S89.04'28•V 1020.3 N89.04'29 E 1117.83 n O y Z 35. 00' ^ 39 0 '" 5702 Srm S0. 00• 38 5750 SF _ 50. 00' S•EE k 37 ` 5750 SF _ 50. 00' 25'YR k 36 5 ` 5750 SF- rv89.04'28'E 50. 00.50702 , 35 I,:; 5750 SF 1020. 33'- 50. 00' 50. 00 - - r r G N 32 k 34 ` 5750 SF k 33 8 ` 5750 SF . 60. 00• QI7752 SF: L 45. 00' 55.. 05: 2 n 7150 SF 25'R r 55. 00_ -60. 00 3 k 7800 SF _ 60. 00' 5' 60. 00' 4 k 7800 SF EE 60. 00' _ 55. 00' 5 k 7150 SF o -55. ON 60. 00' a 6 m 7800 SF a _ 60. 00' ] 7.505 37. 50' 37.50 CONLETH ST N89.04'28'E 1117.83' •04. 28'E 1020 33' 25,5• YR 34 : 7992 SF ? q to ii L60. 00'_ R 33 N 7370 SF M- m _55_00_ 60. 00' SEE 32 4 8040 SF _ 60. 00_ 60. 00' 31 4 8040 SF _ 60. 00' 5•uE 55. 00 30 4 7370 SF 10 55.. 00'_ 3 60. 00'- 29 - k 8040 SF ? _60_00'_ I N I I S00' 55. 32. E 1 4pr s'DE S89°0 28" II1110. 33 2 3 K ING'S LANDING UNIT 5 5,, 5 6 7 V. X, P. XX THRU XX, M. R. PLAT OF KING'S LANDING UNIT 9 0 25' 50' 100' CORPUS CHRISTI, NUECES COUNTY, TEXAS E0, SCALE' I'= 50' BASS & WELSH ENGINEERING eaP�61.O. zPLAT=sire 21 RE roBPus32xasn, rEms 7ewa EI- SKETs2 OF 1"E CERTIFICATE 29, SURVEY 137, ABSTRACT 579, CERTIFICATE SURVEYS NANED CUADRILI, IRRIGATION COMPANY. NUECES CO. ,rx, MPH DEVELORENT, LP 7 - 50. 00' 5850 SF 50. 00' N89° 04' 28" E 50. 00' 5850 SF 50. 00' 50. 00' 5' 10 5850 SF 50. OCT 5' 1110. 33' UE 50. 00' - 5950 SF; EE 50. 00' 50. 00' 2 015850 SF 50. 00' TARGARYEN ST 50. 00' 3 5850 SF 25. YR 50. CIO. 50. 00' -L l4 5850 SF 50. 00' z5' UE, 00C. NO. XX, 0. R. 50. 00' - 5850 SF; S89'04.28'W 1020. 33' N89.04'28'E 1117. 83' 50. 00' PORTION OF SURVEY 135 ABSTPACT 501, CERTIFICATE 29, SURVEY 127, CERTIFICATE 33. SAID SURVEYS NAMED CUADRILLA IRRIGATION 031,PAN . NUECES CO. ,rx, DEVELOPMENT, LP 50. 00' 5' 6 5950 SF 50. 00' UE 50. 00' 17 5850 SF 50. 00' 50. 00' 12 18 5850 SF 50. 00' 5' 50. 00' 19 5850 SF EE 50. 00' 50. 00' 20 5850 SF; 50. 00' =•YR 35. 337 cnA 30' I 30' of ml 0 30' 30' - 33 50. 00' 32 9 5750 SF 50.00'E 31 5750 SF 50. 00' 30 5750 SF 50. 00' 29 c ` 5750 SF' O_ 50. 00' 25' 74 N 28 n 5750 SF N89.04. 50. 00' 27 ` 5750 SF - 29.E 102 . 50.00' 26 ` 5750 SF --------- 50. 00' 25 8' x 5750 SF' 50. 00' 5' N 24 n 5750 SF EE 5000. 23 ` 5750 SF --- 50.00 k 22 ` 5750 SF 50E 50. 00' 25' YR 2l ` 5750 SF 50. 00. 20 ` 5750 SF' ',J 35. 33'' `_ o N 2. 19 445740 SF`" 1.9 J 6 cN 60. 00 7 7800 SF 60. 00' 55. Oa' 8 4 7150 SF 55. 00' _ 60. 00' 9 4 7800 SF 60. 00'_ 60. 00' 5' 10 - 4 7800 SF 2,4 -60. 0-C' UE 55. 00' It 7150 SF _ 55. 00_ 5_E 60. Oa' 12 4 7800 SF 60. 00' 60. 00' Il 13 4 7800 SF 60. �0_' 55. 00 - oN 14 7150 SF 25' YR_ 55_00_ 60.00' 15 4 7800 SF _ 60.0_ 0 60. 00' 16 4 7800 SF _ 60. 00' _ 55. 00' 17 4 7150 SF p 55' -m . �0 60. 33.1 m 0 18 a 4 7795 SF lQ 45. 31 60. 00. 28 N 8040 SF 60. 00' 55. 00' 27 7370 SF 55. 00' CONLETH ST 60. 00' 26 8040 SF 60. 00' 60. 00' 25' YR 25 60.00 NE19.04'29'E 1117. 83' N89.04' 28. E 1020. 33' 55. 00' 24 u 7370 SF 55. 00' 60. 00' 23 8040 SF 60. 00' 5' 60. 00' 5' 22 8040 SF ? uE 60. 00' EE 55. 00' 21 u 7370 SF m 55. 00' 60. 00' 20 8040 SF 60. 00' 60. 00' 19 9040 SF 60. OCT 55. 00' 25' YR 18 7370 SF ? 55.00 2.1 30' 30' 30' n 45. 33'i N 8036 SF cI _60_33'J 6 7 F 8 15' uE 9 10 0 S89° 04' 28" W 11 1U. 33' 12 13 KING'S LANDING UNIT 5 v. X. P. XX THRU XX, N. R 5. UE ,00 611 3.2e S5.00 30' 30'0 30' ml 30' 30' �S00° 55' 32" E 20. 37' . N89° 04' 28' E f120. 00' 34 LA l l$ 2 SF al 33 I Ia 6000 S89.04'28.9 `"l Ig 20. 00' IN le 6000 SF I Ia 6000 SF 0 S89.04' 28'W NI 32 41 120. 00' 5 6000 SF la al of 30 19 to 6 6000 SF S89.04' 28. u 0 120. 00' 60070 SF of oI NI N 29 0 0 "28 i N '1 27 0 0 0 .26 to 8 6000 SF 10 S89.04'28'W Im 120. 00' I! 6000 SF 19 NI ell oI of Ilo 10 6000 SF I S89.04'28.0 IN 120.00. 6000 SF of of of 25 24 15 16 N00° 55' 32" W 24. 37'i 0 25' S0' 100' SCALE: t'= 50' NI Io I 60002SF O of lam! 120. 00' bni W NI 13 el 6000 SF S 9° 04' 28" W I I 120. 00' 23 22 21 19 CURVE DATA OA 0=90.00'00' R=15. 00' T=15. 00' =23. 56, CB=S45.55'32'E CH=21. 2l' QE 0=90. 00'00' R=15. 00' T. 56' B=5 56' C.14' 28' 00221.W H=2l. 21' PLAT OF KING'S LANDING UNIT 9 CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING JOBPNGJ 2314 xn SCALE 1.2 �50 S R CORPU53Ia1R5T, 1EXA5 I840a i PL. SCALE SAME SHEET 3 0' 3 Kings Landing _, 13 11 10 Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit 11 21 31 41 51 6 71 8 9 10 I I I I WRIIIN WSW're NI b 41 V d I MIME =so ., ° uMan aor 131111110E1 1 11 EI IIlIII111i1E1"� lE El E11�E EI .,f1E1 1111 TIE . II�II1 1111 1 ` IIII 161 IN INZ 1 E I° 4 =I 'MUM • E IJ ➢AEI 1111191101111 I JJ IIOANI ARMOR € • IIIKILINOIE 1311 MEE PllINt 11 11 1 11 I11111�E1t �1 ,I 1111i 1l1 �11 IOIAEI 11111100111armt � tl 3� I�MII�Ie IIIM1�11F' ° If61 • EI I1 If E �� I MIE1 JENNI EMIR l�• I 101111 1 J EI ]<a#II EI r • E1 I EILI T fad 11 l El 11 11 E1.,E1�IE1t1E1II�'3i1F1 I�1 I�11 '1 �11�E1i.II IC EI �10 ME t E1 NI EL INN PIE IIMMUNEi • El 1R111I EI 111121131111 1 � I i�ll� ill AI II II I i MIMI � A11 Ii�IFE1 l►PEI 11i111UUE Itlk l EI E1 ARI#E E1 III 20' YR imam mai its *SIM N�II�I �I�I f1 I111 3®If11 ZEE ICI M ICI 1111 ZEE liNIEF III MENZEL Zit IZEIMILI �d ��IfEJ IIII I�r ll II I torn 231 maga in 5'EE 15' UE IBM a "- Il Fa I>I MINIM RE INNIKEL ggE maim mil IINI fib NIRIFJ g�z1 III maks 34 If �ry I Wilt 2 1111 Rat Ian aimrooE Elm 11113 Ir aufw Qum 'III 1 INS E#�E�61 ma ®�I1 MIME oar 1,_KIELMJ moo. 11 1721; 1�.. 1' E ICI NERICI main Emma Imo. mum MIN hill I °g MEM MR EI = 4 MY 111 L RCM UN mum MIN IN MUM MI= _'. Kamp �t ItiIH.I Awl= Atom E - ! • °&mi 9 i1. SR=fl °M EET mix min awn mcilin 15 UE EXHIBIT 2 UDC Agreement Application Date of Application: 12-5-24 Type of Agreement Requested: Deferment [ ] Reimbursement [x] Participation Approved Plat Name: Kings Landing Unit 9 (PL7943) Public Improvement Type: Sanitary Sewer Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $77,285.28 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 [>4 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 Applicant's Signature & Title Submit Application Electronically to: contractsandaa reementsCa)cctexas.com Mail to: Development Services Attn: Business Manager 2406 Leopard St. Suite 100 Corpus Christi, Texas 78408 EXHIBIT 3 PU o =DO DIJVIJ PRO V El1Vl EN—S MHOS =/QMMO UM CORPUS CHMS- , NUEC O COW PASS, SIR,. AND DRAM, NOTFC qtfifftFiTA 11, PAY FOP SIB SIDEWALK AS sSIDSVIALS. Bo SEPARATE PAS roo wow., SAWA, SEWER NOSES LEGEND — EXISTING FACT DIES AND APPURTENANCES BB „L „TER 4EssKE L,S„ SKsLL WSISETER SSP SR.!, SAD DOUBLE „„„ SUNK, Jy9 LEGEND — PROPOSED FACILDIES AND APPURTENANCES SELrETEEZMTEESEZEVULEIESOLITST EFTS. o CALL BEFORE YOU DIG! LOCATION MAP SHEET INDEX SHEET 1 COVER SHEET AND MISCELLANEOUS INFORMATION SHEET 2 RAVI NG. GRAD] NG AND DRAINAGE PLAN PROF ILE. SVOMP SHEET 3 RAVI NG. GRAD] NG AND DRAINAGE PLAN AND PROF ILE SHEET 4 SANITARY SEWER AND WATER PLAN AND PROFILE SHEET 5 SANITARY SEWER AND WATER PLAN AND PROFILE SHEET 6 STREET SIGN AND LIGHT POLE PLAN, ESTIMATE SUMMARY AND BARRICADE DETAILS SHEET 7 STREET SIGN AND LIGHT POLE PLAN SHEET 5 PCCP AND RC,' PAVEMENT DETAILS AND SIDEWALK DETAILS SHEET PCCP AND RC, JOINTING PLAN SHEET 10 PCCP AND RC, JOINTING PLAN SHEET 11 STORM WATER POLLUTION PREVENTION PLAN, SHEET 1 OF 3 SHEET 12 STORM WATER POLLUT I ON PREVENT ION PLAN, SHEET 2 OF 3 SHEET 13 STORM WATER POLLUT I ON PREVENT ION PLAN, SHEET 3 OF 3 SHEET 14 TAXNBOTDANADsCITY SIGN AND PAVEMENT MARKING REOUIREMENTS SHEET 15 TXDOT SINGLE BOX CULVERTS, CAST IN PLACE, SCC-10, 1 OF 2 SHEET Ie TXDOT SINGLE Box CULVERTS. CAST IN PLACE, SCo-ID, z OF z SHEET 17 DI TY STORM WATER STANDARD DETAILS SHEET 13 DI TY WASTE WATER STANDARD DETAILS SHEET 10 DI TY WATER STANDARD DETAILS SHEET BG DITY CURD RAMP STANDARDS PUBLIC IMPROVEMENTS 10 KING S LANDING UNIT 9 COVER SHEET AND MISCELLANEOUS INFORMATION FFIT °a�°�s re° 35 30 25 20 2+00 3+00 4+00 5+00 6+00 7ro0 ero0 SECTION A — Aw'wns PLAN — R/C COLLAR AT JUNCTION OF 4' X 8' R/C BOX CULVERT WITH 5' X 10' R/C BOX CULVERT 0 ul nc�c ri �i oi�w6 ezz )0 1f re 30 25 20 2+00 3+00 4+00 5+00 6+00 TYPICAL SECTION OTCZygjLADY EL SEE ELME NORTH OF AND PAPAL TARGARVANTST. 2+00 35 8+00 SS HVIg' 20 RELEASEO FOP CONSTRUCTION 20 4+00 5+00 6+00 25 0 PROFILE - LADY ALE. DP SWDMP rs. re..�. �o ➢E TENT IOGN CA�LCULAT]O�NS . 4P�rw� vmr���nx�sv — — ENGINEER. PLAN AND PROF ILE, SOOMP I --1_— �`L —L— /- 1`--�1N--- --�,2 --1 — ---r --ram-- 1— , I I I I (I 089"04 28 0 3 H 41-t1-,r7 .".,=999 g'c'I r N00°55' 32"W 24. 37' i JI', - Oyu 389° 04' 28 w 21 0 120. 00' I a0 35 10+00 II 00 12+00 13+00 15+00 1 35 20 1,00 12+00 1,00 14+00 25 20 1:1 VENT, PROFILE - CONLEEN DP E. 3s° 25 20 PROP 0, PROP 30 PROP 3, pp e 8.7 .J r a�vEe nn PROFIT 18O8 ANOREA Oa_ NEIERSEDFOSCONSISOCDON MOP 20 30 25 20 PUBLIC ]NPROVENENI' FO 35 30 25 a0 22 1+00 2ro2 3s00 4ro2 0 00 9+00 3 VA PRO P LINE IV 0 26, 2e0 STA nTsn Tn SNE C TA TTnm, /3, 35.00 2+00 20 PRNFII C-q S IN INF C ,nnNl F7N Ci/Si S _",7777P k 'R�vv 87 v we unre� r�ixs ��� PROFILE - SS LINE A (LADY ALENA DR RESTRAINT FOR WATER PIPES AND FITTINGS 'moo c o 30 25 ran n oo o r eo �z� 20 RELEASEDFORCONSLROCDON SANITARY SEWER AND WATER PLAN AND PROFILE 0+00 35 30 25 1+00 2+00 3+00 20 2.2 PROFILE SS LINE E (GREY WOPM DR FUTURE) RESTRAINT FOR WATER PIPES AND FITTINGS 35 30 25 20 15 10 S99° 04' 28" W3 ,TV 0. ',Mat *. r a. IS N00° 55' 32"W 24 37' 32, I to III �a �oaPaP� u,R " 0 vKrr 89° 04' 05' W i 21 O 100. 00' 1 10+00 1,00 12+00 13+00 14+00 15+00 16+00 `mo AtZIAAAZAA 35 30 35 20 10+00 PPP PROP 112211111-1M— rAA Dog A 2+00 3+00 PROFILE — SS LINE C (CONLETN DR) 4+00 6+00 r PROP 3, ,.�°.,,- ". owe «�s rvo�"o °..�.° v Fr 4,. �... � 00 0+00 PROFILE SS LINES D (LADY 10 C SS LINE �ll PRO ILE SS LINE (LADY ANDREA DR (FUTURE)) 30 25 20 5 50 0 5 25 20 25 20 15 PUBLIC IMAMVEMENiS TO ry \ NdrArA'.0 %. \ \ W"/".• g;VZE ilan 0 TYPE A ENR,OF-ROAD BARRICADE 54 55 [4.mmaol _ PFL,,,I LT 1 0 _ J — —1 41 aa , _0 - EE a al 24 25 CEINLETH , 410N0k. 27 0 ih TYPICAI BARRICADE PANa DETAII -`, E E.E,E,Ea aaa PEZIENAlf,EiWiEf4EFE ripmhiffEeghtrol"h F.,,$T,Ziarery-Mr` ET,z°,172,ErEETE, FriT;;i:L LoB.147Ti.OP7E'AL 'LL 10PT0'1170ILZWITLICH,ACTOP 'EFEEEE,EE: 'IrT7 'N't2EF.L'7,EFEELEEFOaFWE::::::.5 hfelligehp 0 PRGPF,[1.1 T r 5 2 3 r 30 ESTIMATE SUMMARY E, AND SUpr,[ P/C KAIXP CL.P5 FM, Oa PllT P0CP =ELEEPAE'"m 10 590 LF SVC COLLOP FOP BOY OLLYIPTS SVC 1.41,0LE MEP ON BON eumr, 141 LF 222 P/C MANHOLE LS E:LEE:ELZEZEE"— LS LS nEu TE`NEABETIF= — LIM LS TENEELEI,-,EEFE, LF LS 541 n[pis LF LF NOTE PAN FOR HOPP S SAME SIP RCP [CURE OP SMOLE SEPOCE 67 REUMSEDFORCONMAUCTION F TeSq:ILEC.PVET"IEOPTIJIRREM PLR, 1,C. I MPROVEMENTS TO COPPL NPF TT, PET ,sTIZE,='ILLNEU P,ME N89°04' 28"E 1110. 33' DOC 28 n.rU :uwE 20 4/o 10 ryes o< ze c 120 00 r 25 0= r oO S89D4' 28 N00'55' 32"W 24. 37' zz S89° 04' 28"W 121 0 120. 00' I I Z.'4.Z FEL'a�waeovEwE gRU ;to, STREET SIGN AND LIGHT POLE PLAN f�9a�,ar EXPANSION JOINT DETAIL - ITCND,P TYPICAL RCCP STREET SECTION - SI ROW TYPICAL RCOR STREET SECTION - 00' ROW TTE paws or ovriruir irarrurr TYPICAL RCCP STREET SECTION - IN.D: ROW ENT FLUM CONTRACTION [SAWN) JOINT DETAIL - RCCP RCOP )ROLLER COMPACTED CONCRETE PAVING NOTES aOEMENI µP (PORT�w DE[L PAVING CAST —IN —PLACE STEEL REINFORCED) GEOTECHNICAL ENGINEERING REPORT Rmr. vaaap Unit 3 pavement stag, urTasp mnsR.NunesCo, Psi Praha No. 03120w0 PREI.E0 FOR: AMA Horn. Corpus Chris%Texas, 78a53 January 24,102.1. U1tertek �tl POALMLM ����� LONGITUDINAL OR TRANSVERSE SAWN CONSTRUCTION JOINT TYPICAL PAVING SECTION SHOWING HEADER CURB DE,T,ILS v Po�u, a anmau EL, FiRegta.. uru,la PCCP CONTRACTION )SAWN) JOINT DETAIL TYPICAL ISOLATION DETAIL FOR MrOLES IMWZIARN T00xa - EXPANSION JOINT FaR PCCP RELEASED FOR CONSTRUCTION Tx RLBASS AND „ELSN ENGINEER 'S'E'r KING'SR LANDING UNIT 9 N TLTI I ti°=I,.I, ..I. “! TT -- sa rg 24 NEL M4EDFOHCONSfSOCDON KING' S LAND]. UNIT 9 PLC,' AND RGGP JOINTING PLAN xLo N89°04' 29" E 1110. 33' O 10 28 16 TAT 18 lommum' mow 26 20 r 589154'28"W 1110.3 N00° 55' 32"W 24. 37' O /4 I S189° 04' 28' W 1120 00' 4 RELEASED FOR CONSTRUCTOR • CDRPL ]rNP PR SND NUECES TNT r% PG.,' AND RCCP 4151NT1. PLAN 0 N 252-5-55 III � -- -- I �s 22222225 CT CON5225 CT --0 -- MIN SS O POLLUTION PREVENTION NOTES SEDIMENTATION SCREENING FENCE RELEASEDFORCONSLROCDON STORM WATER PREVENTION FLAN SHEET 1 OF 3 N99°04' 28"E 1110. 33' g,r I �o 20 —� 2� —r SIE Or S89'34'28"W ]110. 3". T° u,o s r r3 N00° 55' 32"W E4. 37' Nag'" �e B SI189°04'3ooo'28 w 1 xi0 �� PUBLIC ]MPRDVEMENiS i0 r,55555v5 - SEQUENCE OF CONSTRUCTION ,STORM WATER MANAGEMENT) ACTIVITIES. THE ORDER OF A,IVITIES WILL BE AS FOLLOWS GRADING 2. GRADE PROPOSED PAVEMENT TO SUBGRADE ELEVATION COMPACT SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS CONSTRUCTION AND LOT GRADING AND CLEARING AND GRUBBING TOTAL PROJECT ARE, ,,•9 wE MElpEreia ET UcUT NrEi H(usoolL a I CARRY THF RUNOFF TO INF C.011FrTION POINTS (IN! FTS) SOIL 5]A6/51Z9]/ON PRACTICES' TPEER71= =C, SODDING. OR SEEDING %FEFS=.17 DE NATURAL RESOURCES ED (T[MPDRPRILv oR RESUME ES1 WITHIN n onus. uw 1a DAvs UNLEss At�vITIEs PTE 5[HEDUI£D TD STRUCTURAL PRACT/LYS SILT FENCES _ HAY BALE DAM _ ROCK BERMS NAME OF RECE NANG WAIERS• OREEI< DNERSION. INTERCEPTOR. OR PERIMETER DIKES ZEEDTLPUEMESS"NS OFFSBE VEHICLE TRACKING: _ SEDIMENT BASINS CURBS AND GLITTERS MMIAs RECORDED oN A xGN-EREEL NG RAIN GA IE FROM JOBS,. NO CONSTRUCTION WASTE MATERIAL SHALL BE BUPIED ONSITE. s5N5.55.5, ALL SANITARY WASTE WILL BE COLLECTED FROI..I THE PORTABLE UNITS AS NECESSARY CONTRACTOR SHALL PROVIDE ALL PERMITS AND INSPECTIONS AS MAY BE REOUIRED BY TCE 0 AND EPA CONTRACTOR SHALL PROVIDE NOI AND NOT 84LED HAY OR STRAW ELEVATION PLACEMENT FOR BALED HAY FILTER DAMS 99D' (T2mss (Mo-- (24m1 SPACING FILTER FABRIC s'(Osm) MN. WIDTH (Tsom) To e'(2Gom) MIN1'dRIC ) BACKFILL (Ts, fa amjlMm NOTE: MTR,...11.1.1EaING SECTION A —A RISER C NT SEDIMENT CONTROL FENCE S)TE" nnv� r"v utxnc. LOCATION MAP 24 Tx DEBASS AND WELSH Eq GINEERINGSFEET PUBLIC IMPROVEMENTS 50 KING'S LANDING UNIT 9 STORM 9/ATER 5,411_r_froFPBEVENTION PLAN et, it `sl TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS IESIGISMUDSDN TRIANGULAR SL IPBASE SYSTEM SNDIA IP-I I-08 REOYIREIENTS FOR RED BACKGROUND RES RT°. SIGNS REOU I REIEREGLLATFORV ISIGBA C K GROUND .oN1T .!!_fTE,V WRONG WAY 5. SPEED 55LIMIT .2' 111.1.1. [MILES .011 RFOUIREIENTS FOR WARNING SIGNS REQUIREMENTS FOR Stlp0. SIGNS O EUPLES SCSI. MVIRIMOS LIGIIDOL 20 nvioa MOLES MFR. NOTES /r,r�wvsr TYPICAL SIGN REQUIREMENTS TSR141-IS CROSSWALK PAVEMENT MARKINGS 1111...11 STREET NAME RUDE SIGN ](Name I ayr , DEAD END y EC DEAD END GIG SIGN JO_POLE INSTALLA,ON TYPICAL GROUND MOUNTED SIGN PLACEMENT BASS PND WELSH ENGINEERING PUBLIC IMPROVEMENTS TO KING'S LANDING UNIT 9 °° n ,e e ,e,,. ,°°,,,°„ ,°,n, °° m°,e Man above „a°,....„c°,e,A�,:,.° — iliilll;Milli t o e ,:,e,e„e° Re r, M1111111111i1. 1nun _ Wurnu.il nnn■ . R" °, nn�nmmnn alllll l Il lllilh n� NUM■ mum, III m MUM NHS li 47,1 TYPICAL SECTION PLAN OF REINF STEEL CONSTRUCTION, NOTE!: © t „ ,n,: ° „°° ":1a res ,, °„a":e'3 ea.: c m ao v e ae . ,en„ee *' n,—all °eu ,°,m°„a,.°,. iow.av°° . ee . a °, ar.a°a°a ur sa w° ,°,race Ruc'' GENERAL NOTES: IF ans,,,, L., e.,e°e oes,°n s e,",,,ar.. tar ,ne ..,V °, mores SECTION THRU CURB ee„o, e: erze,,, r° st:ree e„a:, e° ie :emo„:, a� e° e,,,°g, o4' 9 HLB3 LOADING SHEET I OF 3 9 r LNl-i O BARS C BARS D BARS J K ,#Cl ° Oryartmsnfp Mmp,,,.., SINGLE BOX CULVERTS CAST -IN -PLACE O' TO 30' FILL 3.33 PUBLIC IMPROVEMENTS TO TXDOT SINGLE 0 C LVEPTS CAST —IN PLACE SHEET 1 OF 2x(T DOT SHEET 3 NOT INCLUDED) 0 SECTION ® BILLS OF REINFORCING STEEL (For Box Length = 40 feet) t QUANTITIES DIMENSIONS 2 , 1,-0" 6 - O. 8" 7' 7' 162 46 6" 10' - 11" 2,656 162 #6 , 12 -4" 3,001 .5-, 5-10' 162 #6 6" 0-11" 2.170 5-10" 3- I" 148 9 6 - a 033 7 39' - 9 186 45 39- 9 1.195 It' - I, 29 24 67 0.811 2410 0.8 96 33.3 9,737 = 10' - 0" 6 -V' , 9 20 162 #6 6" 1 r- 3' 2,737 162 #6 6' 12-1, 3,123 6 -10" e-o" 162 #6 6" 9-5 2.291 6' -6' 3-5" 148 9' 6 -a' 033 7 39- 9 .6 45 39- 9 1.195 II' -3" 30 26 72 1_185 2491 0.8 102 48.2 10,067 , -, 8 -9' 1, 6- Ie 162 #6 6" II' - I.' 2697 162 #6 6. 14 -7... 3,546 8 -, 5-11" 162 #6 6" 9- 2" 2.230 5-11" 3- 9 62 IT a - 9' 436 7 39-9" 186 49 39 - 9 1,301 11' - I" 30 26 72 1.095 2600 0.8 102 04.6 10,502 10 -0 8 - a 14 11 26 162 #6 6" II' - 7'' 2,819 162 #6 6'' 15- r 3,670 9- a' e - I" 162 #6 6" 9-8" 2.352 6' - I. 3' - 7" 148 9 6 -a' 577 7 39' -9 186 49 39- 9 1.301 11' - 7" 31 . 72 1.566 2726 0.9 103 63.5 11,008 ® 'a'sr'll Verleg rt'llf Ztfo';:= [2' rnrir j: i f I lUgr.'''' '' ''''''' '''' HL93 LOADING SHEET 2 OF 3 .4.-. ,....0.1........."...sport.e. 9., SINGLE BOX CULVERTS CAST -IN -PLACE 0' TO 30' FILL SCC-10 PUBLIC IMPROVEMENTS TO KING'S LANDING UNIT 9 CORPUS CHRISTI, NUECES CO., , ,DOT SINGLE BOX C LVERTS CAST -IN PLACE SCC-10. SHEET 2 OF 3 (TXDOT SHEET 3 NOT INCLUDED) �-� _ az I IjI I_ pp mEA ._....., j ,Lilr LI II 1R Fli s... RIA .. _ .mom - MIMI s a __: _ 1 �I�I o W w IFS PLAN PLAN .F.[amnxe w=-= ���� mx.,. $ /FlY� o w '°.' ..&'� ate. "^' ^ OWE a ocx ` : € - m ^,. w �� .e. / C `� r d ® G,�.� �(i"� ... �.�.. _,,,i K .,„, ._ ^'x m. `� rocKttor ttnut �•�� `+ o ua vccv ncKSLor 19 , GI f �e lr rm. ` I ��� mi Fur DETAIL a .7 x . !FOAM � � 11 cIll ...sir, ".A_ "' P3 a �y�" s az L ewrz SEE. F. SE.. .rewa- >:a w,• "' �J °,^.:.Y'm „o arrerauwaser artmFew ..... - W'M3 m.:,�;m.-. •^.,•x• °� ssaFwsarsmrasssimanwas a.^. nav mwrw.Fw.aGsiar fN wars werAws .... x... '..,, '_ , 1p�l ^®� x,.,,,. ,.aa v ,.... ,... Tarr smrir C77py CC ...,.,..,.^.�». .x^ man .,..�.. ...,.. m...,..m�..,x.....s. _„.. .,,.e,. ! . ^_................,,. ...x.^Amx,.,m. x.._.,^...,.�..,..,......' , a • PlerMATEMEM r i ... --Tr wa T==== , . , ,„, ....r , ,7 SECTION - R,. COACROALCOZIARIPITIA ,.,,,, _ • •�^ ��' rM rt�.� z BAGS AND WELSH ENGINEERING re[oi ^ cereaus exreisi ,[ws raaoa .4, KING S LANDING UNIT 9 CORPUS cHRlsn, NUEccs co., /x rMSFsa' Fn�w� mrs�r wares -- -H... x..Z.ZA�? CITY STORM WATER aao DETAILS a w.un.m. m....nw... 1F Ds. .m®.v..0 _ �..< ...... r ®.1•�_�a7..w......n ....a A.^alwi.$� C'grifV .. Lam-. ®� .■�^ ! 1 s,. '�.. �...�e.s.m.a. wawa m :IrDIASSIMANHOLE CONCRETE1•1a1D0LE ® yW %.. , ®g`.5 �m mxar EXISTING xnxwiE PI DETAIL -AT,L — nFTP��T�cEr�r"_ _ 'UV ry AS ArePLLarOLEYDOM. .'.. &� _ aE nnvEn nnE�s 11 "'e" .' .10 k e� MAIN xPDENaxDED DETAIL �_wvr. ED xI ,COVER RHOS COVER APDPDVEDUST .T.TE S;,� i' 1 a a _ w . ®1 1 1I►�� t .DDD,.L w DDD BOLLA.L a coNE DN DEEP ._..._. ..�_ MR.RELEASEVALVE./MANHOLE m_... _A.. �1ES �._.. _...o N,P�aP DPun� D D a leors _A GENERALNOTES FOP eucKFlL E i NOTES qCASING sf "" -• ! Gov u a«IAA 9 Rom^ sr`� •_ \-.... ®.....<.•ny� l'i CONNECT. DETAILS MARKER TYPICAL CASTIPON CLEAN -OUT BOOT ,!..E:VICE - BASS AND WELSH ENGINEERING c .: RELEASED FOR CONSLPOCRON PUBLIC IMPROVEMENTST ® CORPUS cullsMACES Y WASTE WATER STANDALS RonoEiN .mar.wuuxu•e- u. wm.. v.n .a nM. a �. _�. — a� ; Fa h 0•OD a, ` 1 '`,�_ �o i r _l .__ .� ..�.� .—�.,.a. �._ o — ItiIl io� Pi i Xs �mwu� _.— — — € map ®..tJ _,_ '®�. e im� �s 'm`®�®.®x-..ems..._.®..... ill p�. �_• J €iJec _ �r I3i8o3 fr.��v ..�� = ..tea,• g 'e_ "tea -- _.,.r AL _ �—� ».�....r`"—.t dIL_ x� @@ B a JL 6O, v fie@ -_� e ® \lLII van( .... W,.o.a...a.,,.,_.. ��ti �_ .ea.,..... �:e . ..m ��e l�/l9/zn asp .... ,...-�....,.,,. ,._._�,..«—. ppan 1 a,,.m. SS^ ...mo _,. _.. �� _,._. pp 1,,„„.„ RELEASED FOR CONSFROCDON PUBLIC PA ROVEMENTS TO KING S LANDING UNIT 9 CITY WATER T DETAILS [• F.I.111, PAP z\« PH ^ CW KIN 'S LANDING UNIT 9 CITY CURB _ STANDARDS rEuro am aR a »»»»» , y - - r- - I , y - y y r T DLE se. z..a. aseas.On re. POEPENI N6iVIPEPENI N6 IN PRORECi xERmF. w raq xw ,..¢noN [. .� 120 w - . _ _--' weE..Riry _ nn 9.mA SULF60 - so vo� L _ � _ - ,-- - — - — - — - —� RELEASED FOR 00NSTRUCRON o L _ _ LP➢v ELENA DR. <FUTURE] arrmN s ueer.r<o Fr,- ° � i — mx- — m&om�"1aT o.r+°x . s. =Q I EEY1ST1NG) __ -- L li o°,. ou ass & WELSH ENGINEERING — ryfI E �o. rya. �e.a. r-sx 'Pusuc Fps �n� x„uz IMPROVEMENTS TO K1NGns ERISTI UNIT 707WIT om N M CORPUS TX SAND CO cTOTLITCIA 29 TO STA 62 t2 OFFS1TE DRAINAGE PLAN PROFILE ox RA z43 00 46 DO 45 00 46 00 aT OD 4 OD 49 MATCH42,94 1NE S A 62+25 EONTUNUE@ ON FOLLOVONG SHEET o OD 50 OD 51 OD 52 DD 53 DD 54,00 55ro0 56ro0 900 58 DO 59 DO 60 DO 61 DO 62 D a 35 aw Iwo t xzz °= --__—_ m25 n oss,xc unw r `_ o`a ioiwi4 °o cx nz, �25 z xa:wz°x zz PROPOSED FL DITCH @ 0. OT. 2 PROPOSED FL ➢]TCN @ 0. OT'/.J ,r, ei of l o C 0 N T M6i 0 LINE PREY] BUS SSHEE3 ce a... cs a TRACT AS � I II FL PS ,>s oer��onxLoz FL PS o K 2e cx .r c°ewmxwvm �mc. (c '4. o. �r. ,removal a,.xext`�e9� .re m Are T,d6 c a Iu rere°0�Rxe°°,.x�lre l 4 I N °x.,. I 11 I I ^6 1___1 _ L_—_I___1___D: s`°re__11 1 I L s,>=re.ere(1 p(.�. ., r \ � ,w ®, / re,mx,.,,rex.,x.Lc mow., JD"—� re, u.,w,""�1°, ,xPc _ FuluAE w reV' PLLaENEP nncx zP Ps — — . — —L �re ----- AS oxr6lOrveu I p Do PENED 011C, `za 93 11 w 11 I I I I � � v�a� � 1 1 7 iL I 1 I NO PROPOSES NTS THIS L_ IMPROVEMENTS IN PROJECT HEREOFV ____ �� PRBP. e�x e� Ric BOX 1 CULVERTIz. I SOP=x AANx ».. EEC I I \ II �� L AREA s< I I L 1 63 00 66,00 65 00 66 00 67,00 68,00 69+00 TO 00 71+00 72+00 73 00 74+00 75 00 76 00 TT 00 79+00 79+00 00.00 G1+00 e . 35 35 30 zw oz rc� rc nr.zx zz. re= //no°ruro" L�rwsreuccn ur�o �xz.reu u°rervror` T�ueec zeoz r: °.uk mxs n�ox\iv nre.m a reu _—__—__—__—__—__—__—__—__—_ n°r�exe mxnwoz a os2exx�. _ —___ 2 °„c. as ogre,°r..,. N4 xvnr — j 25 �.� z rer 4L PR &IEo B GN @ E. Ti ENEB ' a'EST u6 PiTc, 1 FL K aT wx:-c,ri °,5,, \ _ \ 20 u 5 reicemc von. rs rss SrS PI a°±e. Dfp6\ 15 PROFILE — OFFS]TE TEMPORARY DRAINAGE CHANNEL ]5 \ L \ 10 \ „ ... .e,.._. BASS & WELSH ENGINEERING T—sz nx i. e x Pla E C NEIEASEDFOHCONSTRUCIION IMPROVEMENTS TO ]NG S PURL]C A LANDING UNIT 9 ® o So so rzo TX OFFSITES ORA]NAGE PLANCHRISTI.SES ANBSPROFILE SCALE , 60 �� a EXHIBIT 4 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com SANITARY SEWER ITEMS ITEM 1 2 3 BASS WELSH ENGINEERDNG TX RegistrraUon No, F 52 Survey ReO tra4Ion No, 100027-00 P.O, Box 6397 Corpus Chrr i, TX 78466-6397 Kh s Landng Unk 9 Cost Sheet 3054 S. Alameda St. 12/4/2024 DESCRIPTION 15 INCH PVC PIPE QUANTITY UNIT COST FIBERGLASS MANHOLE 174 LF DEEP CUT CONNECTION 1 EA 1 EA MISC ITEMS ITEM $ 195.00 $ 20,000.00 $ 10,000.00 TOTAL $ 33,930.00 $ 20,000.00 $ 10,000.00 63,930.00 1 DESCRIPTION TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM SEWER PIPES OF ALL SIZES) QUANTITY UNIT COST TOTAL 174 LF $ 9.00 $ 1,566.00 $ 1,566.00 SUBTOTAL $ 65,496.00 ENGINEERING, SURVEYING, & TESTING (11%) $ 7,204.56 CONTINGENCY (7%) 4,584.72 TOTAL $ 77,285.28 Page 1 of 1 EXHIBIT 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP Corpus Christi, TX United States Certificate Number: 2024-1245794 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 1 12/05/2024 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Kings Landing Unit 9 Sanitary Sewer Reimbursement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Mostaghasi, Mossa Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mossa ( Moses) Mostaghasi and my date of birth is 04-23-1983 My address is 8017 Bar Le Doc Corpus Christi, TX 78415 (street) (city) (state) ) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of Texas 12 24 on the 5 day , of , 20 . (month) (year) Signature of = uthorized agent of contracting business entity (Declarant) r-nrme nrnvirinrl F... Tev..n M+1,;.... r•........-:--:-- www.eth ics. state.tx. us Version V4.1.0.5dd2ace2 Wastewater Trunk Line Construction & Reimbursement Agreement Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $77,285.28 with MPM Development, LP to construct a wastewater trunk line related to King's Landing Unit 9 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 $77,285.28 to reimburse the developer in accordance with the agreement. (District 3). City Council January 14, 2025 Location Map Future King's Landing Unit 09 Legend Location Map King's landing Unit 09 Wagoner, Wastewater 125 250 500 2 Total Reimbursement Estimate Kings Landing Unit 9 - Cost Sheet SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 2 FIBERGLASS MANHOLE 3 DEEP CUT CONNECTION 174 LF $195.00 $33,930.00 1 EA $20,000.00 $20,000.00 1 EA $10,000.00 $10,000.00 $63,930.00 MISC ITEMS ITEM DESCRIPTION TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND 1 STORM SEWER PIPES OF ALL SIZES) QUANTITY UNIT COST TOTAL 174 LF $9.00 $1,566.00 $1,566.00 SUBTOTAL $65,496.00 ENGINEERING, SURVEYING, & TESTING (11%) $7,204.56 CONTINGENCY(7%) $4,584.72 TOTAL $77,285.28 Trust Fund Balance as of November 30, 2024 Available Combined Trust balance as of 11/30/2024 as reported by Finance is: -$2,238,530.35 Individual Trust Fund balance break down : WATER (4030) WASTEWATER (4220) Water Arterial Transmission & Grid Main Trust Water Distribution Main Trust Wastewater Trunk System Trust Wastewater Collection Line Trust -$2,603,823.02 $92,559.13 $19,160.60 $203,095.47 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Location Map King's Landing Unit 09 Pat : C: Users .anie m9 OneDrive - City o Corpus C risti Documents rcGIS Projects Location_Maps Location_'aps.aprx SR: 17462 Date Created: 12/19/2024 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 14, 2025 Second Reading for the City Council Meeting of January 28, 2025 DATE: December 20, 2024 TO: Peter Zanoni, City Manager FROM: Michael Dice, Development Services Department Michaeld3@cctexas.com (361) 826-3596 Rezoning for a property at or near 4222 Avalon Street CAPTION: Zoning Case No. ZN8425, Judy Lynn Reuthinger (District 2). Ordinance rezoning a property at or near 4222 Avalon Street from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Shot Clock - Item must be approved or denied in writing by March 1, 2025). SUMMARY: This item is to rezone the property to allow a 3 carrier, 120' tall wireless telecommunication tower. BACKGROUND AND FINDINGS: This zoning case was initiated by the cell provider in anticipation of the removal of their equipment from the Carmel Parkway water tower due to its expected demolition in the next few years. This new site will allow the provider to both maintain and improve the signal coverage in the area. The subject property is a vacant and undeveloped, 0.24-acre tract located along the north side of Avalon Street, between Everhard Road and Caramel Parkway. The area is characterized primarily by commercial properties, with primary arterials to the east and west. The subject property abuts the Avalon/Alameda alleyway along its northern and eastern boundaries, with commercial uses further north. Some properties are zoned "CG-2" General Commercial, while others are zoned "CN-1" Neighborhood Commercial. To its east, continues the Avalon/Alameda alleyway, and further east are properties zoned "CG-2" General Commercial and "ON" Neighborhood Office, with commercial uses. To the south of the site and Avalon Street, properties are zoned "ON" Neighborhood Office and "CN-1" Neighborhood Commercial, with commercial uses. To the west, properties are zoned "CN-1" Neighborhood Commercial, with transportation (Avalon Street and Sam Street), commercial, and low -density residential uses. 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, water -oriented uses, and minor utilities. The proposed rezoning is consistent with the City of Corpus Christi comprehensive plan; however, is not consistent with FLUM designation of commercial. The proposed rezoning is compatible with the present zoning and conforming uses of nearby property. It is a utility use permitted in residential and commercial districts. It is suitable for the uses permitted by the zoning district that would be applied by the proposed amendment and will not have any adverse impact on the character of the surrounding area and neighborhood. A 120' tall monopole tower, that is rated to 143 mph wind speed, is being proposed, which is a more fitting aesthetic across the range of telecommunication facility design. The development was reviewed and deemed acceptable by the Technical Review Committee. 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: 17 notices were mailed within the 200-foot notification area, and 5 outside the notification area. As of January 2, 2025 In Favor 1 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the change of zoning from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (December 11, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. The Special Permit will be subject to the following conditions: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the base District, is a wireless telecommunication facility of 120 feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 9 Against: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8425, Judy Lynn Reuthinger (District 2). Ordinance rezoning a property at or near 4222 Avalon Street from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; 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 WH EREAS, 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 0.24 a of Lot 12, Block 2, Avalon Place, as described and shown in Exhibits "A" and "B", from: the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. The subject property is located at or near 4222 Avalon Street. Exhibit A, a metes and bounds description, and Exhibit B, a map, are attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1 Use: The only use permitted under this Special Permit, other than those permitted by right in the base District, is a wireless telecommunication facility of 120 feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 5 a' seu ¢Nc3uon 1.11004.414 a (A) Metes & Bounds Description and Exhibit ra n.o O& ern porno AurgIttnnumm SH3MO1 H3NVEIS A3A21f1113M01CINV1/011 VNI ' ON1YIIIN10N1 2 Mid e.zxe av:.0 ewaIJ s.asl 'auE'tlflUyanap z40U M3 WS 1 14nglPd Aj. ®e11 a1. 99 . Page 3 of 5 7"- z 7.14 aniWI IMM� SL93M01 HONVLi8 h3A?Jf1S 113M01 NYIVARI w0.011 wa rnx sZ.5� WEST a009e11rw04u0.41 aua lyueg asauimg gCl yu�'dno+p 6upaawffu3 MWS noel •dflo4:® 69E1i1Ag NIfl! svN LigP Page 4 of 5 (B) Existing Zoning and Notice Area Map c N - 1 ce N RS-6 G-2 r $ IBJECT PROPERTY o CASE: ZN8425 SUBJECT PROPERTY WITH ZONING Subject Property a-1 Apartment Reuse [Mica, A-1A Apartment Nouse Duna A-2 Apartment House DisYvct AB Preletsonal Ore, Dnlnet AT Apartment-Taunsl Own - et B-1 Nerphb4mtoed Business Diib+Ct 13-1A Na yhdaneed Bvvmss Metres B-2 BYyitmnt Business. District 13-2A Bailee !stand Business Disvia B-3 Busmets Dntri<t E-4 Genera, Business Enstnct 15-6 Primary B.ernes1 Decoct B. Pnrill. &srneea Crxe Ohaat ED carpus 01115E Beatlr Dawn Drat F-R Farm Ri✓Ai DaNkca HC Halo ical-CWtual Landmark Preserrarim 61 Limded ardut9.al Diana 1-2 Light indusIIiii DisbiCf 43 heavy Industrial, DlsLkt RUE, PWe+ed Unrt Drwtppmem R- Dee Family Dwelling Disnie3 R-le One Family Dwelling Lnspnt R- C One Family Dtaerling Deentn R-2 MURpe Dweling District RA One Family Dwelling Dimes RE Res=dentiai Estate Diana R-T4 -raw/thous. Dwelling Deseret SP Speaal Per 1 T•1A nave+ Trades Park Detnd T-1B Marrltlactired Rome Part District T--kC Mamdaaund Rome 5uadnesten Diavrtt CN- 9 C G. ON CG-2 ON C GI a City of Corpus Cell kll W SUBJECT PROPERTY Olh Esri. HERE Fes.=^+t^ IrarvredrNIT D LOCATION MAP' Page 5 of 5 ZONING REPORT Case ZN8425 Applicant & Subject Property District: 2 Owner: Judy Lynn Reuthinger Applicant: Branch Communications Address: 4222 Avalon Street, located along the north side of Avalon Street, east of Everhart Road, and west of South Alameda Street. Legal Description: 0.24 acres out of Lot 12, Block 2, Avalon Place Acreage of Subject Property: 0.24 acres. Refer to Attachment (A) Metes and Bounds. Pre -Submission Meeting: August 5, 2024 Zoning Request From: "CN-1" Neighborhood Commercial District To: "CN-1/SP" Neighborhood Commercial District with a Special Permit Purpose of Request: To allow a 3 carrier, 120' tall wireless telecommunication tower. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Commercial Vacant Commercial North "CN-1" Neighborhood Commercial, "CG-2" General Commercial Commercial, Transportation (Avalon/Alameda Alley) Commercial, Transportation (Alley) South "ON" Neighborhood Office, "CN-1" Neighborhood Commercial Transportation (Avalon Street, Sam Street, & Avalon/Alameda Alley) Commercial, Professional Office Transportation (Avalon Street, Sam Street, & Avalon/Alameda Alley), Commercial East "CG-2" General Commercial Transportation (Avalon/Alameda Alley), Commercial Transportation (Avalon/Alameda Alley), Commercial West "CN-1" Neighborhood Commercial Commercial, Transportation (Avalon Street, Sam Street), Low -Density Residential Commercial, Transportation (Avalon Street, Sam Street), Medium -Density Residential Plat Status: The subject property is not platted per MRNCT (Map Records of Nueces County, Texas). Platting of the property must be preceded by zoning. 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 Avalon Street Designation Section Proposed Section Existing "Local" Residential One thru Lane, On -street parking (One Side) 40 feet One thru lane, On -street parking (One Side) 40 feet Transit: The Corpus Christi RTA provides service to the property at Avalon Street and Alameda Street via Bus Route 5 Alameda, and near Alameda and Everhart Road. Bicycle Mobility Plan: The subject property is approximately 400 feet away from a proposed Bike Boulevard along Robert Drive. Utilities Gas: A 2-inch coated steel active line exists along the east side of South Alameda Street. Stormwater: A 24-inch RCP (active and public) line exists along Avalon Street. Wastewater: An 8-inch VCP (active and public main) line exists along the Avalon/Alameda alley. Water: A 6-inch PVC (active and public distribution) line exists along the Avalon/Alameda alley. 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 Bayside Area Development Plan (Adopted on December 10, 2024). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 17 within a 200-foot notification area 5 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: December 11, 2024 City Council 1st Reading/Public Hearing Date: January 14, 2025 City Council 2nd Reading Date: January 28, 2025 Background: The subject property is a vacant and undeveloped, 0.24-acre tract located along the north side of Avalon Street, between Everhard Road and Caramel Parkway. The area is characterized primarily by commercial properties, with primary arterials to the east and west. The subject property abuts the Avalon/Alameda alleyway along its northern and eastern boundaries, with commercial uses further north. Some properties are zoned "CG-2" General Commercial, while others are zoned "CN-1" Neighborhood Commercial. To its east, continues the Avalon/Alameda alleyway, and further east are properties zoned "CG-2" General Commercial and "ON" Neighborhood Office, with commercial uses. To the south of the site and Avalon Street, properties are zoned "ON" Neighborhood Office and "CN-1" Neighborhood Commercial, with commercial uses. To the west, properties are zoned "CN-1" Neighborhood Commercial, with transportation (Avalon Street and Sam Street), commercial, and low -density residential uses. The applicant is requesting to amend the current zoning district to allow with a special permit to accommodate a wireless telecommunication tower with support equipment. 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, water -oriented uses, and minor utilities. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design ■ Corpus Christi development patterns support efficient and cost-effective use of resources and high -quality life. • 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. Bayside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is generally consistent with the Southeast ADP; however, is not consistent with the future land use designation of commercial. 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 the City of Corpus Christi comprehensive plan; however, is not consistent with FLUM designation of commercial. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby property. It is a utility use permitted in residential and commercial districts. It is suitable for the uses permitted by the zoning district that would be applied by the proposed amendment and will not have any adverse impact on the character of the surrounding area and neighborhood. A 120' tall monopole tower, that is rated to 143 mph wind speed, is being proposed, which is a more fitting aesthetic across the range of telecommunication facility design. The development was reviewed and deemed acceptable by the Technical Review Committee. • 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). 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, Planning Commission and Staff recommend approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Attachments: (A) Metes & Bounds Description and Exhibit (B) Existing Zoning and Notice Area Map (A) Metes & Bounds Description and Exhibit u°e"e Rcr' Rr, . A 'mnI'r<m !silt • nr gaanz 4,4 nry Y NG ai 3 ©o® •®a®®m x.m •0 A�iwmBgdRoo t W aaw AlIN1131A SIMII SAW Engineering croup, Inc. 158 Business Genf DMe Birmingham, Alabama 35244 Fir 285252ABB5 3Po@OggLWOPd@ ®06®PIP, w RAWLAND TOWER SURVEY FOR BRANCH TOWERS ORRNI+ AIM ERKED Br e/Is/54 so DARE: SHEET 1 or 2 01,ME521:0 mts oo/21/2s Ind "MOM a e.OUP. UC. SMW Engineering Group. Inc. rsseWm.w cem.., o armor. ama n5244 an, zos.asa.was w.w,tmne�J�m Fok RAWLAND TOWER SURVEY BRANCH TOWERS rau s .nr• swr� IIIDIMISM TILE (B) Existing Zoning and Notice Area Map CASE: ZN8425 Zoning and notice Area RM-1 Multifamily 1 RM-2 Nuhifamily 2 H163 MuNilamity3 ON Professional Creme RM-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 N5lghherirood Commercial CR-1 Resort Commercial CR-2 Roso5 Commercial CG-1 General commercial CO-2 General Corm CI Intensive Commercial LSD Downtown Commercial CR-2 Resort Commercial FR Farm Rural 11 Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial MID Planned Unit Ver. Overlay RS-10 Single -Family 10 RS-6 Smola-Family6 RS-4.5 Single -Family 4.5 RS-TF Two -Family R5-16 Single -Family 15 RE Residential Estate RS.TN Townhouse SP RSpecie, Prmil sty Recreation. vehicle Pan WAN Manufactured Homo nsondi laTer o mesaar 4 owners.el0mo'axep, x Cerra uapred aow,msyltlr m0R,an:5, G Mil City of Corpus Christi SUBJECT PROPERTY Fsri HFPF ^__^= Inv-ecenGr.Ir o [LOCATION MAP[ Zoning Case ZN8425 Judy Lynn Reuthinger District 2 Rezoning fora property at or near 4222 Avalon Street From the "CN-1" Neighborhood Commercial District To the "CN-11SP" Neighborhood Commercial District with a Special Permit N r SUBJECT PROPERTY (LOCATION MAP( City Council January 14, 2025 Zoning and Land Use N-1 11-15-2004 10-11-1993 \RS-6 04-05-1966 ON SJ OPERJBJECTTY 3,b CN-1 08-23-1993 CG-2 02-17-1970 N r Proposed Use: To allow a wireless telecommunication facility. ADP (Area Development Plan): Southside, Adopted on March 17, 2020 FLUM (Future Land Use Map): Commercial Existing Zoning District: "CN-1" Neighborhood Commercial District Adjacent Land Uses: North: Transportation, Commercial; Zoned: CN-1, CG-2 South: Transportation, Commercial, Professional Office; Zoned: ON, CN-1 East: Transportation, Commercial; Zoned: CG-2 West: Commercial, Transportation, and Low -Density Residential; Zoned: CN-1 Public Notification 17 Notices mailed inside the 200' buffer 5 Notices mailed outside the 200' buffer Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: (0) x In Favor: 1 (8.78%) *Notified property owner's land in SQF/ Total SQF of all properties in the notification area = Percentage of public in opposition and/or favor. N r Staff Analysis and Recommendation • The proposed rezoning is consistent with the City of Corpus Christi comprehensive plan; however, is not consistent with FLUM designation of commercial. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby property. It is a utility use permitted in residential and commercial districts. • It is suitable for the uses permitted by the zoning district that would be applied by the proposed amendment and will not have any adverse impact on the character of the surrounding area and neighborhood. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE CN-1/SP CASE: ZN8425 Aerial View Subject Property City of Corpus Christi s SUBJECT PROPERTY Esri, HERE r_,.., in IMr°" 1I F u a LOCATION MAP AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2025 DATE: January 14, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Chief Mike Markle, Chief of Police Department mikema@cctexas.com (361) 886-2601 Sergio Villasana, CTCD, Director of Finance & Procurement ioshc2@cctexas.com (361) 826-3169 Construction Contract Award City of Corpus Christi Southside Police Substation CAPTION: Motion authorizing a construction contract to Victory Building Team, Corpus Christi, Texas, for City of Corpus Christi Southside Police Substation in District 5, in an amount not to exceed $5,880,000.00 with FY 2025 funding available from the Bond 2022 & Bond 2024 — Public Safety funds. SUMMARY: This motion awards a construction contract to Victory Building Team for the construction of the City of Corpus Christi Southside Police Substation. The proposed location for the Southside Police Substation is approximately two (2) acres of the 5-acre site at the southwest corner of the Del Mar College Oso Creek campus, 6718 Yorktown Blvd. The facility will be a one-story structure with approximately 7,300 square feet of enclosed space designed in compliance with high wind -resistant construction, sustainable construction principles, and functional superiority, meeting the functional needs of the City of Corpus Christi Police Department (CCPD) public safety standards. BACKGROUND AND FINDINGS: On November 5, 2024, voters approved the City of Corpus Christi's Bond 2024 Program for a total of $175 million with thirty-eight projects. The propositions passed on election day include projects for streets, parks and recreation, public safety, and cultural facilities. One of the thirty- eight projects included an additional $5 million for construction of the South Police Sub -station. Voters approved an amount of $4 million for design for the South Police Sub -station in the 2022 Bond program. The CCPD suggests that the new substation be named Southside Police Sub- station instead of South to more accurately represent its location and the community it serves. The CCPD currently does not have a police sub -station in the Southside area of the city. The Police Department has identified that the best location for the Southside Sub -station is within proximity of Rodd Field Road and Yorktown Boulevard based on the service area. The City currently has an interlocal agreement with Del Mar College District for the lease of fourteen acres of property located at the Del Mar College Oso Creek situated at the intersection of Rodd Field Road and Yorktown Boulevard. The initial lease was authorized by City Council on November 10, 2020, for five acres of lease. On April 26, 2022, the lease was amended to increase the lease area to nine acres. The lease underwent another amendment on October 31, 2023, expanding its area to fourteen acres. The property is leased for a 50-year term with an option to renew for an additional 50 years with an annual payment of $10.00. The new Southside Police sub -station will be constructed at the southwest corner of the Del Mar College Oso Creek campus. The project will construct a new 7,287 SF Police Sub -station on city -owned property for the southside area. The new substation will be located on approximately two acres on the Del Mar College Oso Creek Campus. The facility will include a lobby, reception area, interview room, briefing room, armory storage, evidence storage, offices, workstations, conference room, break room, locker room, showers, restrooms, support spaces, and UTV/bicycle storage garage. The building will have access -controlled doors and a surveillance system for security. The project will provide the fixtures, furnishings, and equipment necessary for a complete and usable facility. The building will have backup power supplied by a natural gas emergency generator with an associated meter, panel, ATS (Automatic Transfer Switches), gas line, concrete pad, and enclosure. Site development includes construction of parking lot areas, driveways, security fencing, access -controlled vehicle gates, utility services, a stormwater collection system, landscaping, and irrigation. The site will provide 26 parking spaces for public vehicles and 60 secured parking spaces for police vehicles and staff vehicles. This project also includes the construction of a new entrance into the Del Mar College Oso Creek Campus to improve site accessibility. The construction contract shall include an Alternate, described as building the parking lot with a concrete surface instead of an asphalt parking surface. PROJECT TIMELINE: 2023-2024 2024-2025 2025-2026 Oct - Oct Design Oct - Jan Bid/Award Mar - July Construction Project schedule reflects City Council award in January 2025, with anticipated construction completion by July 2026. COMPETITIVE SOLICITATION PROCESS On October 27, 2024, the Contracts and Procurement Department issued a Request for Bids (RFB #6107) the Southside Police Sub -Station. On December 4, 2024, the city received bids from three bidders. The city analyzed the bids in accordance with the contract documents and determined that the Victory Building Team was the lowest responsive and responsible bidder. As the lowest bid received was within the acceptable range of the Engineer's Opinion of Probable Construction Cost, the city decided to proceed with the project. A summary of the bid is provided below: Bidder Base Bid Alternate Total Bid 1 Victory Building Team Corpus Christi, Tx. $5,870,000.00 $10,000.00 $5,880,000.00 2 Stoddard Enterprise LLC Spring Branch, Tx. $5,897,834.00 $20,538.00 $5,918,372.00 3 Barcom Construction, Inc. Corpus Christi, Tx $6,060,000.00 $15,000.00 $6,075,000.00 Engineer's Opinion of Probable Construction Cost * $6,338,000.00 * The Opinion of Probable Construction Cost doesn't include Alternate. Victory Building Team has successfully completed numerous construction projects in the Texas Coastal Bend, including the following projects: • UTMSI ERC Dormitory project at the Marine Science Institute in Port Aransas. Project value is $5,675,000.00 • Del Mar College (DMC) Police Station Renovation project in Corpus Christi; Project value is $7,717,000.00 • The Del Mar College (DMC) Police Station Renovation project in Corpus Christi; $2,440,000.00 • Salvation Army - Center of Hope in Corpus Christi; Project value is $6,129,649.00 • Annaville Fire Department Station #2 in Corpus Christi, Project value is $3,256,396.00 The Council awarded Victory Building Team with the construction contract for a new Northwest Police Sub -station in District 1 during the council meeting of December 3, 2024. The construction of the Northwest Police Sub -station is scheduled to begin in February 2025. City staff is confident that the Victory Building Team has the needed experience and capacity to execute both projects within the projected timeframe, and we anticipate no hold-ups from undertaking both projects. ALTERNATIVES: The City Council could choose not to award the contract to Victory Building Team. This would result in the City continuing in its absence of a CCPD station in the southside area. Police officers currently operate out of facilities outside the geographic patrol area, leading to degraded mission readiness and ultimately reducing the police department's ability to provide adequate public safety services to the community. FISCAL IMPACT: The fiscal impact for FY 2025 is an amount not to exceed $5,880,000.00 for City of Corpus Christi Southside Police Substation. The construction funds are available from the Bond 2022 & Bond 2024 Public Safety funds. FUNDING DETAIL: Fund: 2024 GO Bd22 Prop C - Police (Fund 3346) Department: Police (29) Organization: Grants & Capital Projects Funds (89) Project: City of Corpus Christi South Police Sub -Station (Project No.23177) Account: Construction (550910) Activity: 23177 Amount: $2,985,000 Fund: GO Bond 2024 Prop C - Police (Fund 3347) Department: Police (29) Organization: Grants & Capital Projects Funds (89) Project: City of Corpus Christi South Police Sub -Station (Project No.23177) Account: Construction (550910) Activity: 23177 Amount: $2,895,000 Year 1 (FY2025): $2,985,000 Year 2 (FY2026): $2,895,000 Total: $5,880,000 Overall Contract Total $5,880,000.00 RECOMMENDATION: Staff recommend awarding a construction contract to Victory Building Team for City of Corpus Christi Southside Police Substation, in an amount of 5,880,000.00. The construction duration is planned for sixteen (16) months from issuance of the Notice to Proceed, with construction starting in March 2025 and completed by July 2026. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Bid Tabs CIP Page Location & Vicinity Maps PowerPoint Presentation COF RFB 6107 Far South Police Sub -Station 23177 ID: RFB 6107 Item Description Unit Quantity Victory Building Total Stoddard Enter Total Barcom Constr Total Base Bid Part A - GENEF Al A2 A3 A4 Sub Totals MOBILIZATIO LS STORM LS GENERAL LS TEMPORARY LS Part B - EXISTI B1 B2 Sub Totals DRILLED LS SELECTIVE LS Part C - CONC 1.00 $25,000.00 $25,000.00 $42,797.00 $42,797.00 $122,448.00 $122,448.00 1.00 $0.00 $0.00 $8,570.00 $8,570.00 $7,800.00 $7,800.00 1.00 $400,000.00 $400,000.00 $576,236.00 $576,236.00 $250,000.00 $250,000.00 1.00 $0.00 $0.00 $224,227.00 $224,227.00 $10,000.00 $10,000.00 ,0,0l $851,830.00 $390,248.00 1.00 $40,000.00 $40,000.00 $0.00 $0.00 $158,241.00 $158,241.00 1.00 $20,000.00 $20,000.00 $8,167.00 $8,167.00 $24,500.00 $24,500.00 $60,000.00 $8,167.00 $182,741.00 Cl CAST -IN- LS 1.00 $700,000.00 $700,000.00 $435,965.00 $435,965.00 $136,185.00 $136,185.00 C2 CONCRETE LS 1.00 $0.00 $0.00 $0.00 $0.00 $75,000.00 $75,000.00 C3 CONCRETE 1.00 $0.00 $0.00 $0.00 $0.00 $35,000.00 $35,000.00 FINISHING AND CURING LS Sub Totals Part D - MASO D1 Sub Totals Part E - METAL El E2 E3 Sub Totals Part F - WOOD F1 $700,000.00 $435,965.00 $246,185.00 UNIT 1.00 $300,000.00 $300,000.00 $341,116.00 $341,116.00 $350,000.00 $350,000.00 MASONRY MORTAR AND REINFORCIN G LS $300,000.00 $341,116.00 $350,000.00 STRUCTURA 1.00 $160,000.00 $160,000.00 $220,262.00 $220,262.00 $98,600.00 $98,600.00 L STEEL AND METAL FRAMING LS METAL 1.00 $375,000.00 $375,000.00 $0.00 $0.00 $195,300.00 $195,300.00 FABRICATIO NS LS COLD 1.00 FORMED METAL FRAMING LS $0.00 $0.00 $0.00 $0.00 $30,000.00 $30,000.00 $535,000 00; $220,262.00 F2 F3 LS Sub Totals ROUGH CARPENTRY AND SHEATHING LS ARCH ITECTU RAL CABINETS AND COUNTEROP S LS PLASTIC PANELING Part G - THEW 1.00 $40,000.00 $40,000.00 $31,500.00 $31,500.00 $34,900.00 $34,900.00 1.00 $50,000.00 $50,000.00 $52,700.00 $52,700.00 $195,300.00 $195,300.00 1.00 $7,000.00 $7,000.00 $97,000.00 $0.00 $0.00 $30,000.00 $30,000.00 $84,200.00 $260,200.00 G1 WATERPROO 1.00 $70,000.00 $70,000.00 $70,488.00 $70,488.00 $24,025.00 $24,025.00 FING AND COATINGS LS G2 INSULATION LS 1.00 $0.00 $0.00 $19,670.00 $19,670.00 $25,000.00 $25,000.00 G3 COMPOSITE 1.00 $0.00 $0.00 $50,500.00 $50,500.00 $53,117.00 $53,117.00 WALL PANELS LS 16 Sub Totals G4 SBS 1.00 $125,000.00 $125,000.00 $120,997.00 $120,997.00 $183,030.00 $183,030.00 MODIFIED BITUMINOUS MEMBRANE ROOFING, FLASHING, AND ACCESSORIE S LS SEALANTS LS 1.00 $20,000.00 $20,000.00 $24,000.00 $24,000.00 $5,000.00 $5,000.00 G5 Sub Totals Part H - OPEN! H1 $215,000.00 $285,655.00 $290,172.00 HOLLOW 1.00 $90,000.00 $90,000.00 $52,915.00 $52,915.00 $43,500.00 $43,500.00 METAL DOORS AND FRAMES LS H2 FLUSH 1.00 $0.00 $0.00 $0.00 $0.00 $35,600.00 $35,600.00 WOOD DOORS LS H3 OVERHEAD 1.00 $30,000.00 $30,000.00 $14,192.00 $14,192.00 $32,851.00 $32,851.00 COILING DOORS LS H4 ALUMINUM 1.00 $150,000.00 $150,000.00 $118,330.00 $118,330.00 $152,000.00 $152,000.00 STOREFRON T ENTRANCES, CURTAIN WALLS, AND GLAZING LS H5 DOOR 1.00 $0.00 $0.00 $24,443.00 $24,443.00 $35,000.00 $35,000.00 HARDWARE LS Sub Totals $270,000.00 $209,880.00 $298,95 MI Part 1 - FINISH! 11 GYPSUM 1.00 $0.00 $0.00 $185,000.00 $185,000.00 $149,450.00 $149,450.00 AND NON- STRUCTURA L METAL FRAMING LS 12 CERAMIC 1.00 $35,000.00 $35,000.00 $32,753.00 $32,753.00 $34,500.00 $34,500.00 TILING LS 13 RESILIENT 1.00 $40,000.00 $40,000.00 $41,722.00 $41,722.00 $23,585.00 $23,585.00 BASE AND TILE FLOORING LS 14 TILE 1.00 $0.00 $0.00 $0.00 $0.00 $15,000.00 $15,000.00 CARPETING LS 15 ACOUSTICAL 1.00 $0.00 $0.00 $0.00 $0.00 $56,760.00 $56,760.00 CEILINGS LS PAINTING LS 1.00 $110,000.00 $110,000.00 $96,168.00 $96,168.00 $83,500.00 $83,500.00 Part J - SPECl/ J1 $185,000.00 $355,643.00 $362,795.00 VISUAL 1.00 $2,000.00 $2,000.00 $5,545.00 $5,545.00 $7,500.00 $7,500.00 DISPLAY UNITS LS J2 PLAQUES, 1.00 $32,000.00 $32,000.00 $27,614.00 $27,614.00 $33,920.00 $33,920.00 DIMENSIONA L LETTERS AND ROOM- IDENTIFICATI ON PANEL SIGNAGE LS J3 WALL AND 1.00 $10,000.00 $10,000.00 $1,369.00 $1,369.00 $2,500.00 $2,500.00 DOOR PROTECTION LS J4 TOILET, 1.00 $10,000.00 $10,000.00 $7,124.00 $7,124.00 $6,500.00 $6,500.00 BATH, AND LAUNDRY ACCESSORIE S LS J5 FIRE 1.00 $5,000.00 $5,000.00 $1,679.00 $1,679.00 $2,400.00 $2,400.00 PROTECTION CABINETS AND EXTINGUISH ERS LS J6 LOCKERS LS 1.00 $75,000.00 $75,000.00 $68,557.00 $68,557.00 $79,305.00 $79,305.00 J7 GROUND- 1.00 $4,000.00 $4,000.00 $4,141.00 $4,141.00 $8,490.00 $8,490.00 SET FLAGPOLES LS J8 CANOPY 1.00 $65,000.00 $65,000.00 $69,614.00 $69,614.00 $82,672.00 $82,672.00 (EXTERIOR SUN CONTROL DEVICES) LS Sub Totals $203,000.00 $185,643.00 $223,287.00 Part K - FURNI K1 ROLLER 1.00 $10,000.00 $10,000.00 $6,785.00 $6,785.00 $8,088.00 $8,088.00 WNDOW SHADES LS K2 SEMINAR 1.00 $70,000.00 $70,000.00 $33,549.00 $33,549.00 $55,000.00 $55,000.00 TABLES LS Sub Totals $80,000.00 $40,334.00 $63,088.00 Part L - MEP L1 MECHANICAL 1.00 $275,000.00 $275,000.00 $252,676.00 $252,676.00 $150,000.00 $150,000.00 EQUIPMENT LS L2 DUCTWORK LS 1.00 $0.00 $0.00 $0.00 $0.00 $143,320.00 $143,320.00 L3 CONTROLS LS 1.00 $0.00 $0.00 $0.00 $0.00 $15,000.00 $15,000.00 L4 ELECTRICAL 1.00 $571,000.00 $571,000.00 $530,262.00 $530,262.00 $27,000.00 $27,000.00 SWTCHGEA R/PANELS LS L5 LIGHT 1.00 $0.00 $0.00 $0.00 $0.00 $123,000.00 $123,000.00 FIXTURES LS L6 GENERAL 1.00 $0.00 $0.00 $0.00 $0.00 $20,000.00 $20,000.00 GROUNDING/ BONDING LS L7 LIGHTING 1.00 $0.00 $0.00 $20,000.00 $20,000.00 $52,300.00 $52,300.00 PROTECTION SYSTEM LS L8 SITE/UTILITY 1.00 $0.00 $0.00 $0.00 $0.00 $11,000.00 $11,000.00 DUCT AND RACEWAYS LS L9 BUILDING 1.00 $0.00 $0.00 $0.00 $0.00 $205,000.00 $205,000.00 RACEWAYS/ CIRCUITRY LS L10 EMERGENCY 1.00 $0.00 $0.00 $0.00 $0.00 $99,000.00 $99,000.00 POWER GENERATOR LS L11 PLUMBING 1.00 $315,000.00 $315,000.00 $246,503.00 $246,503.00 $55,000.00 $55,000.00 EQUIPMENT/ FIXTURES LS L12 DVW/WATER 1.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 $100,000.00 PIPING LS L13 NATURAL 1.00 $0.00 $0.00 $0.00 $0.00 $45,000.00 $45,000.00 GAS PIPING LS L14 ADJUSTING 1.00 $0.00 $0.00 $0.00 $0.00 $9,500.00 $9,500.00 AND BALANCING LS Sub Totals �, ��s' $1,049,441.00 $1,055,120.00 Part M - COMN M1 GROUNDING 1.00 $10,000.00 $10,000.00 $0.00 $0.00 $7,500.00 $7,500.00 AND BONDING LS M2 UNDERGROU 1.00 $0.00 $0.00 $0.00 $0.00 $17,500.00 $17,500.00 ND DUCT AND RACEWAYS LS M3 BACKBONE 1.00 $37,000.00 $37,000.00 $31,734.00 $31,734.00 $35,000.00 $35,000.00 AND HORIZONTAL CABLING LS M4 AUDIO 1.00 $2,000.00 $2,000.00 $26,978.00 $26,978.00 $1,500.00 $1,500.00 VISUAL INFRASTRUC TURE LS M5 ELECTRONIC 1.00 $20,000.00 $20,000.00 $42,770.00 $42,770.00 $45,000.00 $45,000.00 SECURITY, ACCESS CONTROL AND INTRUSION DETECTION LS M6 VIDEO SURVEILLAN CE LS M7 FIRE DETECTION AND ALARM SYSTEM LS Sub Totals Part N - SITE\A N1 SOILS FOR EARTHWORK LS 1.00 $20,000.00 $20,000.00 $0.00 $0.00 $15,000.00 $15,000.00 1.00 $20,000.00 $20,000.00 $22,500.00 $22,500.00 $40,000.00 $40,000.00 $109,000.00 $123,982.00 $161,500.00 1.00 $525,000.00 $525,000.00 $64,870.00 $64,870.00 $150,000.00 $150,000.00 N2 SITE 1.00 $0.00 $0.00 $17,427.00 $17,427.00 $70,000.00 $70,000.00 EXCAVATION AND FILL LS N3 ROUGH AND 1.00 $0.00 $0.00 $17,427.00 $17,427.00 $55,000.00 $55,000.00 SITE GRADING LS N4 TERMITE 1.00 $2,000.00 $2,000.00 $1,290.00 $1,290.00 $3,500.00 $3,500.00 CONTROL LS N5 CLEARING, 1.00 $0.00 $0.00 $8,059.00 $8,059.00 $40,000.00 $40,000.00 GRUBBING AND STRIPPING LS N6 LIME 1.00 $0.00 $0.00 $81,828.00 $81,828.00 $300,000.00 $300,000.00 STABILIZED SUBGRADE LS N7 CONCRETE 1.00 $0.00 $0.00 $512,460.00 $512,460.00 $303,931.00 $303,931.00 PAVEMENT, CURB, GUTTER, VALLEY GUTTER, SIDEWALK, DRIVEWAYS AND PAVEMENT MARKINGS LS Sub Totals Part 0 - EXTEF $527,000.00 $703,361.00 $922,431.00 01 DECORATIVE 1.00 $215,000.00 $215,000.00 $171,825.00 $171,825.00 $231,508.00 $231,508.00 METAL FENCE AND GATES LS 02 UNDERGROU 1.00 $136,000.00 $136,000.00 $130,720.00 $130,720.00 $123,450.00 $123,450.00 ND SPRINKLERS, COMMON PLANTING REQUIREME NTS, SOIL PREPARATIO N, SODDING AND PLANTS LS Sub Totals Part P - UTILIT P1 P2 P3 P4 REINFORCED CONCRETE PIPE LS WATERLINES , PVC PIPES, DUCTILE IRON PIPE AND FITTINGS LS WATERLINE RISER ASSEMBLIES AND GATE VALVES LS FIRE HYDRANTS LS $351,000.00 $302,545.00 $354,958.00 1.00 $180,000.00 $180,000.00 $288,542.00 $288,542.00 $55,000.00 $55,000.00 1.00 $0.00 $0.00 $0.00 $0.00 $95,000.00 $95,000.00 1.00 $0.00 $0.00 $0.00 $0.00 $15,000.00 $15,000.00 1.00 $0.00 $0.00 $0.00 $0.00 $15,000.00 $15,000.00 P5 GRAVITY 1.00 $0.00 $0.00 $0.00 $0.00 $38,090.00 $38,090.00 SANITARY SEWER AND CATCH BASINS LS Sub Totals $180,000.00 $288,542.00 $218,090.00 Part R - ALLOV R1 BOND AND 1.00 $172,000.00 $172,000.00 $111,268.00 $111,268.00 $56,334.00 $56,334.00 INSURANCE AL R2 ALLOWANCE 1.00 $300,000.00 $300,000.00 $300,000.00 $300,000.00 $300,000.00 $300,000.00 FOR UNFORSEEN BUILDING CONDITIONS DURING CONSTRUCT! ON AL Sub Totals Grand Total Alternate 1 Part A - GENEF Al A2 $472,000.00 $411,268.00 $356,334.00 $5,870,000.00 $5,897,834.00 $6,060,000.00 MOBILIZATIO 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 N LS STORM 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WATER POLLUTION PREVENTION LS A3 GENERAL 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SITE CONDITIONS LS A4 TEMPORARY 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FACILITIES LS Sub Totals tfl:00 $0.00 $9.Q0 Part B - EXISTI B1 DRILLED FOOTINGS LS B2 SELECTIVE DEMOLITION LS Sub Totals Part C - CONC Cl C2 C3 Sub Totals Part D - MASO D1 CAST -IN - PLACE CONCRETE LS CONCRETE FORMS AND REINFORCE MENT LS CONCRETE FINISHING AND CURING LS UNIT MASONRY MORTAR AND REINFORCIN G LS 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0:Q0 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00; $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub Totals $0.00 $0.00 $0.00 Part E - METAL El STRUCTURA 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 L STEEL AND METAL FRAMING LS E2 METAL 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FABRICATIO NS LS E3 COLD 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FORMED METAL FRAMING LS Sub Totals Part F - WOOD F1 F2 F3 ROUGH CARPENTRY AND SHEATHING LS ARCHITECTU RAL CABINETS AND COUNTEROP S LS PLASTIC PANELING LS Sub Totals Part G - THEM G1 G2 G3 G4 G5 Sub Totals WATERPROO FING AND COATINGS LS INSULATION LS COMPOSITE WALL PANELS LS SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, FLASHING, AND ACCESSORIE S LS SEALANTS LS Part H -OPENI H1 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.Q0 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 00 $0.00 $0.00 HOLLOW 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 METAL DOORS AND FRAMES LS H2 FLUSH 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WOOD DOORS LS H3 OVERHEAD 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COILING DOORS LS H4 ALUMINUM 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 STOREFRON T ENTRANCES, CURTAIN WALLS, AND GLAZING LS H5 DOOR 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 HARDWARE LS Sub Totals a $0.00 $0.00 Part I - FINISH! 11 GYPSUM 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AND NON- STRUCTURA L METAL FRAMING LS 12 CERAMIC 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TILING LS 13 RESILIENT 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BASE AND TILE FLOORING LS 14 TILE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CARPETING LS 15 ACOUSTICAL 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CEILINGS LS 16 PAINTING LS 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub Totals $0.00 $ - 0 $0.Q0 Part J - SPECl/ J1 VISUAL 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DISPLAY UNITS LS J2 PLAQUES, 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DIMENSIONA L LETTERS AND ROOM- IDENTIFICATI ON PANEL SIGNAGE LS J3 WALL AND 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DOOR PROTECTION LS J4 TOILET, 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BATH, AND LAUNDRY ACCESSORIE S LS J5 FIRE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PROTECTION CABINETS AND EXTINGUISH ERS LS J6 LOCKERS LS 1.00 J7 GROUND- 1.00 SET FLAGPOLES LS J8 CANOPY 1.00 (EXTERIOR SUN CONTROL DEVICES) LS Sub Totals Part K - FURNI K1 ROLLER WINDOW SHADES LS K2 SEMINAR TABLES LS Sub Totals Part L - MEP L1 MECHANICAL EQUIPMENT LS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 L2 DUCTWORK LS 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 L3 CONTROLS LS 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 L4 ELECTRICAL 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SWITCHGEA R/PANELS LS L5 LIGHT 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FIXTURES LS L6 GENERAL 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GROUNDING/ BONDING LS L7 LIGHTING 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PROTECTION SYSTEM LS L8 SITE/UTILITY 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DUCT AND RACEWAYS LS L9 BUILDING 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RACEWAYS/ CIRCUITRY LS L10 EMERGENCY 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 POWER GENERATOR LS L11 PLUMBING 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 EQUIPMENT/ FIXTURES LS L12 DVW/WATER PIPING LS L13 NATURAL GAS PIPING LS L14 ADJUSTING AND BALANCING LS Sub Totals $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Part M - COMN M1 GROUNDING 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AND BONDING LS M2 UNDERGROU 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ND DUCT AND RACEWAYS LS M3 BACKBONE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 AND HORIZONTAL CABLING LS M4 AUDIO 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 VISUAL INFRASTRUC TURE LS M5 ELECTRONIC 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SECURITY, ACCESS CONTROL AND INTRUSION DETECTION LS M6 VIDEO 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SURVEILLAN CE LS M7 FIRE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DETECTION AND ALARM SYSTEM LS Sub Totals $0.00 $0.00 tcop, Part N - SITEVV N1 SOILS FOR 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 EARTHWORK LS N2 SITE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 EXCAVATION AND FILL LS N3 ROUGH AND 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SITE GRADING LS N4 TERMITE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CONTROL LS N5 CLEARING, 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GRUBBING AND STRIPPING LS N6 LIME 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 STABILIZED SUBGRADE LS N7 CONCRETE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAVEMENT, CURB, GUTTER, VALLEY GUTTER, SIDEWALK, DRIVEWAYS AND PAVEMENT MARKINGS LS Sub Totals So po too Part 0 - EXTEF 01 DECORATIVE METAL FENCE AND GATES LS 02 UNDERGROU ND SPRINKLERS, COMMON PLANTING REQUIREME NTS, SOIL PREPARATIO N, SODDING AND PLANTS LS 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub Totals $0.00 $0.00 $0.00 Part P - UTILIT P1 REINFORCED CONCRETE PIPE LS P2 WATERLINES , PVC PIPES, DUCTILE IRON PIPE AND FITTINGS LS 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 P3 WATERLINE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RISER ASSEMBLIES AND GATE VALVES LS P4 FIRE 1.00 HYDRANTS LS P5 GRAVITY 1.00 SANITARY SEWER AND CATCH BASINS LS Sub Totals $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Part Q - ADDIT Q1 Q2 Sub Totals SUBGRADE LS CONCRETE LS Part R - ALLOV 1.00 $0.00 $0.00 ($248,300.00) ($248,300.00) ($250,000.00) ($250,000.00) 1.00 $10,000.00 $10,000.00 $268,838.00 $268,838.00 $265,000.00 $265,000.00 $10,000.00 $20,538.00 $15,000.00 R1 BOND AND 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 INSURANCE AL R2 ALLOWANCE 1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FOR UNFORSEEN BUILDING CONDITIONS DURING CONSTRUCT! ON AL Sub Totals $0.00 $0.00 $0.00 Grand Total $10,000.00 $20,538.00 $15,000.00 Amended Capital Improvement Plan City of Corpus Christi, Texas 2025 thi a 2027 Project # 23177 Project Name Far South Police Substation Type Improvement/Additions Useful Life 40 years Category Buildings- New Description Department Contact Priority Council District Police Department Police Chief Priority Level 1 5 Status Active Project will construct a new 7,300 SF Police Substation on City owned property for the Far South area. The new substation will be located on approximately two acres on the Del Mar College Oso Creek Campus. The facility will include a lobby, reception area, interview room, briefing room, armory storage, evidence storage, offices, work stations, conference room, break room, locker room, showers, restrooms, support spaces, and UTV/bicycle storage garage. The building will have access controlled doors and a surveillance system for security. The project will provide the fixtures, furnishings, and equipment necessary for a complete and usable facility. The building will have backup power supplied by a natural gas emergency generator with associated meter, panel, ATS, gas line, concrete pad, and enclosure. Site development includes construction of the parking lot areas, driveways, security fencing, access controlled vehicle gates, utility services, stormwater collection system, landscaping, and irrigation. The site will provide 26 parking spaces for public vehicles and 60 secured parking spaces for police vehicles and staff vehicles. This project also includes the construction of a new entrance into the Del Mar College Oso Creek Campus to improve site accessibility. Justification Currently, CCPD does not have a station in the Far South area of the City. Police officers operate out of facilities that are outside of the geographic patrol area. This results in degraded mission readiness and ultimately reduces the ability of the police department to provide adequate public safety services to the community. The new facility will be constructed on City owned property, which will save in land acquisition cost, meet consolidation goals of City owned facilities, and improve CCPD response times in the assigned patrol area. With the rapid expansion of the City in the south area, it is imperative to provide a police station to ensure public safety requirements are met. This project will provide a police substation in an ideal location with sufficient space to support the most efficient operations and response times within the area of responsibility. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab Design Eng, Admin Reimbursements 254,142 34,000 3,371,858 4,600,000 340,000 400,000 7,971,858 254,142 774,000 Total 288,142 3,711,858 5,000,000 9,000,000 Funding Sources Prior Years 2025 2026 2027 Total G.O. Bond 2022 G.O. Bond 2024 288,142 3,711,858 4,000,000 5,000,000 5,000,000 Budget Impact/Other Total 288,142 3,711,858 5,000,000 9,000,000 An assessment will be done upon completion of project to determine maintenance costs. SO UTHSIDE POLICE SUBSTATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering City of Corpus Christi Southside Police Substation Council Presentation January 14, 2025 City of Corpus Christi South Police Substation Project Location 4410 Corpus Chr Engineering 2 City of Corpus Christi South Police Substation Conceptual Renderings ‘fl Corpus Chr sti Engineering City of Corpus Christi Southside Police Substation Scope of Work Corpus Chr sti Engineering Motion authorizing a construction contract to KJM Commercial, Inc. dba Victory Building Team, Corpus Christi, Texas, for City of Corpus Christi Southside Police Substation in District 5, in an amount not to exceed $5,880,000.00. The Southside Police Sub -Station will be located on approximately two (2) acres of the 5-acre site at the southwest corner of the Del Mar College Oso Creek campus, 6718 Yorktown Blvd Currently, CCPD does not have a station in the southside area of the city. City of Corpus Christi Southside Police Substation Project Schedule "_ Corpus Chr sti Engineering 2023-2024 2024 2025-2026 Oct - Oct Oct - Jan Design Bid/Award Mar- July Construction Projected Schedule reflects City Council award in January 2025, with anticipated construction completion by July 2026. AGENDA MEMORANDUM First Reading for the City Council Meeting of November 19, 2024 Second Reading for the City Council Meeting of January 14, 2025 DATE: June 7, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Assistant Director, CCW NickW@cctexas.com (361) 826-1796 Drew Molly, Chief Operating Officer, CCW DrewM@cctexas.com (361) 826-1853 Amendment No. 3 to Lease Agreement with the Padre Island Yacht Club CAPTION: Ordinance approving 10-year renewal of the existing lease agreement with Padre Island Yacht Club of a lease of 2.89 acres of City property located near Whitecap Wastewater Treatment Plant and amending the lease to provide a new 5-year option to renew, in consideration of quarterly lease payments the greater of $2,500 per quarter or 5% of gross income from slip rentals and membership fees; and providing for publication and an effective date. (28-day delay required between readings). PURPOSE: This Ordinance approves the lease renewal option between the City and Padre Island Yacht Club for 2.89 acres of city property located near Whitecap Wastewater Treatment Plant for the term of 10 years and amends the lease agreement between the City and Padre Island Yacht Club with one additional five-year option term. The additional five-year option is subject to renegotiation of terms and rental amounts prior to renew as well as the option for early termination in the event the City Manager determines that such an early termination is necessary for operation of the Whitecap Wastewater Treatment Plant. BACKGROUND AND FINDINGS: In 1995, City Council approved a ten-year lease agreement with the Padre Island Yacht Club, a Texas nonprofit. In 2005, the Club renewed the lease for another ten years beginning on July 11. On August 23, 2011, City Council authorized a new 20-year lease with the Club, permitting construction of piers and improvements to the clubhouse and boat slips, all of which had prior approval. Per the 2011 lease agreement, the City leased a 40 foot wide by 795 foot long portion of submerged land adjacent to the City's Whitecap Wastewater Treatment Plant, and an adjacent strip of upland 100 feet wide by 795 long for a total leased area of 2.55 acres. The Club is obligated to keep the property in good repair as the City has no responsibility for maintenance or repair of the premises or improvements. Padre Island Yacht Club is a private organization which manages the lease. In 2017, the Club requested an additional leased area of 0.34 acres of land, 50 feet wide by 300 feet long for a total leased area of approximately 2.89 acres. The Club also requested minor clarifications to the agreement, as well as changes to Section 2, which would give the Club the option to renew the lease for an additional 10 years after the July 11, 2025, lease termination date. The City revised annual rents to greater of $2300 annually or 10% of all gross income from monthly assessments and slip rentals. The City authorized Amendment No. 2 in April 2020, which revised the insurance exhibit, and adjusted rental payments effective January 1, 2020, to quarterly rents greater of $2,500 per quarter or 5% of gross income from slip rentals and membership fees. The current lease is set to expire July 11, 2025. The Club has requested a ten-year renewal from City Council, aligning with the City's long-term wastewater management plan. Additionally, the Club seeks a five-year renewal option starting July 11, 2035. This renewal is contingent on renegotiating terms and quarterly rent, pending written approval from authorized representatives of both parties. Both parties agree to amend the lease to allow for early termination with 90 days' notice if the City Manager deems it necessary for the operation of the Whitecap Wastewater Treatment Plant. This provision is crucial because the Club is near the Plant, and any future expansion of the Plant may require the use of the leased area. Per the lease agreement, the Club will ensure that no pollutants, effluent, solid waste, litter, or trash from the premises enter the surrounding water or the adjacent Whitecap Boulevard peninsula. The Club's presence must not interfere with the City's required wastewater sampling at the nearby Whitecap Wastewater Treatment Plant. The Club will not allow anyone to dump effluent or wastewater into the water; all such waste must be properly disposed of through the Club's wastewater hookup or boat pump -out facility. ALTERNATIVES: The alternative is not to approve the renewal and amendment to the lease agreement between the City and Padre Island Yacht Club; however, if this occurs, the Club would no longer be allowed to utilize the property. FISCAL IMPACT: Not applicable. Funding Detail: Not applicable. RECOMMENDATION: Staff recommends approval of Amendment No. 3 to lease agreement with the Padre Island Yacht Club, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Between City of Corpus Christi and Padre Island Yacht Club (2011) Amendment No. 3 to Lease Agreement — Padre Island Yacht Club Location map Ordinance approving 10-year renewal of the existing lease agreement with Padre Island Yacht Club of a lease of 2.89 acres of City property located near Whitecap Wastewater Treatment Plant and amending the lease to provide a new 5-year option to renew, in consideration of quarterly lease payments the greater of $2,500 per quarter or 5% of gross income from slip rentals and membership fees; and providing for publication and an effective date. (28-day delay required between readings). 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 Amendment No. 3 to the lease agreement with Padre Island Yacht Club to provide a new 5-year option to renew subject to renegotiation of the terms and quarterly rents, and to amend the lease to allow early termination on 90 days' notice in the event the City Manager determines that such early termination is necessary for the operation of the Whitecap Wastewater Treatment Plant. SECTION 2. The lease agreement with Padre Island Yacht Club authorized by Ordinance 029170 as amended by Ordinance 031312 and 032091 and Amendment No. 3 is renewed for an additional 10 years to continue until July 11, 2035. SECTION 3. Publication of this ordinance must be made in the official publication for the City of Corpus Christi as required by the City Charter SECTION 4. The renewal and amendment take effect on the 61 st day following final approval by City Council. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 AMENDMENT NO. 3 TO PADRE ISLAND YACHT CLUB LEASE TO APPROVE RENEWAL OF LEASE OF 2.89 ACRES OF CITY PROPERTY NEAR WHITECAP WASTEWATER TREATMENT PLANT FOR ADDITIONAL 10 YEARS AND PROVIDE A NEW OPTION TO RENEW FOR 5 YEAR TERM Whereas, on August 23, 2011, the Corpus Christi City Council authorized a Lease with Padre Island Yacht Club ("Club"), a Texas nonprofit corporation, regarding the Club's lease of approximately 2.55 acres of City property adjacent or near Whitecap Wastewater Treatment Plant through July 11, 2025 with an option to renew upon City Council approval for additional 10 years through July 11, 2035, (the "Lease"); and Whereas, on December 12, 2017, the City Council authorized Amendment No. 1 to expand leased area to 2.89 acres (See Exhibit A "Premises") and revise annual rents to greater of $2300 annually or 10% of all gross income from monthly assessments and slip rentals; Whereas, Amendment No. 1 also added that the approval for the 10-year renewal term may not be unreasonably withheld as long as the Club is in compliance with the Lease and the requested renewal is in compliance with the City's long-term wastewater management plans; Whereas, on April 21, 2020, the City Council authorized Amendment No. 2 to revise insurance exhibit, and adjust rental payments effective January 1, 2020 to quarterly rents the greater of $2,500 per quarter or 5% of gross income from slip rentals and membership fees; Whereas, the Club has requested that the 10-year renewal term be approved; Whereas, the City finds that the requested 10-year renewal term is in compliance with the City's long-term wastewater management plans; Whereas, the Club has requested the Lease be further amended to provide an additional 5-year renewal term to begin July 11, 2035 subject to renegotiation of terms and quarterly rent amounts and upon written approval of the authorized representatives of the parties; Whereas, the parties agree to further amend the Lease to provide for early termination after 90 days' notice in the event the City Manager determines that such early termination is necessary for operation of the Whitecap Wastewater Treatment Plant; Whereas, HB 2518 established new requirements relating to required lease terms for public property leased to a nongovernmental entity; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 2 1) Section 2 of the Lease regarding the Term is hereby amended to add new subsections 2.d. and 2.e. and 2.f. to read as follows: "2. Term: d. Upon expiration of the current term on July 11, 2025, the Lease continues in effect and is renewed for the additional ten-year term through July 11, 2035 ("renewal term") under the same terms and conditions as provided in the Lease as amended by Amendment No. 1 and Amendment No. 2 and Amendment No. 3. e. During calendar year 2033, the Club may notify the City Manager in writing to initiate discussions for a new 5 year renewal term to begin July 11, 2035. If the Club's continued use of the Premises does not interfere with the City's wastewater management plans as determined by the sole discretion of the City Manager, then the parties may negotiate terms and conditions for one additional five-year term, to begin July 11, 2035, subject to renegotiation of the terms and quarterly rent amounts and upon written approval of the City Manager or designee and the Club. f. Notwithstanding subsection e. above, if the Lease is not renewed by written agreement of the parties as of July 11, 2035, then this Lease shall terminate as of July 11,2035 and the rights and possession of the Premises and any improvements to the Premises revert to the City as provided in Section 9 of the Lease. 2) Section 18 of the Lease regarding Termination is hereby replaced and amended to read as follows: "18. Termination. (A) The City Manager may terminate this Lease on ninety (90) days' written notice due to Club's failure to comply with the provisions and covenants in this Lease or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator will give the Consultant written notice of the breach and set out a reasonable opportunity to cure. If the Club has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Lease at any time on ninety (90) days' written notice to Club in the event the City Manager determines that such termination is necessary for the operation of the Whitecap Wastewater Treatment Plant." 3 3) Section 4 of the Lease regarding Improvements is amended to add new subsection j. to provide language required by Texas Government Code Section 2252.909, to read as follows: `j. As required by Texas Government Code Section 2252.909, Club must include in each contract for the construction, alteration or repair of an improvement to the leased property, a condition that the contractor must execute a payment bond that conforms to Subchapter I, Chapter 53, Property Code and a performance bond equal to the amount of the contract. Club and its contractor must provide the Director of Water Systems with a notice of commencement as required by Tex. Government Code Section 2252.909 and copies of the required bonds at least 90 days prior to start of construction, alteration, or repair of any improvement to the leased property begins." 4) All other terms and conditions of the previously executed Lease and any prior amendments between the parties which are not inconsistent herewith shall continue in full force and effect. 5) This Amendment No. 3 becomes effective on the sixty-first day after final City Council approval upon execution by City Manager or designee. 6) Club agrees to pay costs of newspaper publications required by the City Charter. Agreed to by the authorized representative of the parties. City of Corpus Christi, Texas By: Name: Title: Date: Approved as to legal form: Assistant City Attorney For the City Attorney Padre I ..1.r acht Club, ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES 4 This instrument was acknowledged before me on the 1SF day of , 2024, by NV : t,s.�l FIc, as the v0W1-0 of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas BENJAMIN MARCZYNSKJ Notary Public, State of Texas My Comm. Exp. 07-10-2028 ID No.13498553-2 5 �t 4, `` ��� 3 � gistt° f�i v.6mo Lff� r<i%Cy�? rafitoir— Pk c j ° , rtit.ISJEC PROP ERri • f � l o � fir 6)7 x/ ��tr,r +3 mospia &ne/ I '-.•,_ ....,,.:--..-- .M ukifi Lin EXHIBIT, 1 i •• `�f Exhibit A SO' 1 AMENDMENT NO. 3 TO PADRE ISLAND YACHT CLUB LEASE TO APPROVE RENEWAL OF LEASE OF 2.89 ACRES OF CITY PROPERTY NEAR WHITECAP WASTEWATER TREATMENT PLANT FOR ADDITIONAL 10 YEARS AND PROVIDE A NEW OPTION TO RENEW FOR 5 YEAR TERM Whereas, on August 23, 2011, the Corpus Christi City Council authorized a Lease with Padre Island Yacht Club ("Club"), a Texas nonprofit corporation, regarding the Club's lease of approximately 2.55 acres of City property adjacent or near Whitecap Wastewater Treatment Plant through July 11, 2025 with an option to renew upon City Council approval for additional 10 years through July 11, 2035, (the "Lease"); and Whereas, on December 12, 2017, the City Council authorized Amendment No. 1 to expand leased area to 2.89 acres (See Exhibit A "Premises") and revise annual rents to greater of $2300 annually or 10% of all gross income from monthly assessments and slip rentals; Whereas, Amendment No. 1 also added that the approval for the 10-year renewal term may not be unreasonably withheld as long as the Club is in compliance with the Lease and the requested renewal is in compliance with the City's long-term wastewater management plans; Whereas, on April 21, 2020, the City Council authorized Amendment No. 2 to revise insurance exhibit, and adjust rental payments effective January 1, 2020 to quarterly rents the greater of $2,500 per quarter or 5% of gross income from slip rentals and membership fees; Whereas, the Club has requested that the 10-year renewal term be approved; Whereas, the City finds that the requested 10-year renewal term is in compliance with the City's long-term wastewater management plans; Whereas, the Club has requested the Lease be further amended to provide an additional 5-year renewal term to begin July 11, 2035 subject to renegotiation of terms and quarterly rent amounts and upon written approval of the authorized representatives of the parties; Whereas, the parties agree to further amend the Lease to provide for early termination after 90 days' notice in the event the City Manager determines that such early termination is necessary for operation of the Whitecap Wastewater Treatment Plant; Whereas, HB 2518 established new requirements relating to required lease terms for public property leased to a nongovernmental entity; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 2 1) Section 2 of the Lease regarding the Term is hereby amended to add new subsections 2.d. and 2.e. and 2.f. to read as follows: "2. Term: d. Upon expiration of the current term on July 11, 2025, the Lease continues in effect and is renewed for the additional ten-year term through July 11, 2035 ("renewal term") under the same terms and conditions as provided in the Lease as amended by Amendment No. 1 and Amendment No. 2 and Amendment No. 3. e. During calendar year 2033, the Club may notify the City Manager in writing to initiate discussions for a new 5 year renewal term to begin July 11, 2035. If the Club's continued use of the Premises does not interfere with the City's wastewater management plans as determined by the sole discretion of the City Manager, then the parties may negotiate terms and conditions for one additional five-year term, to begin July 11, 2035, subject to renegotiation of the terms and quarterly rent amounts and upon written approval of the City Manager or designee and the Club. f. Notwithstanding subsection e. above, if the Lease is not renewed by written agreement of the parties as of July 11, 2035, then this Lease shall terminate as of July 11,2035 and the rights and possession of the Premises and any improvements to the Premises revert to the City as provided in Section 9 of the Lease. 2) Section 18 of the Lease regarding Termination is hereby replaced and amended to read as follows: "18. Termination. (A) The City Manager may terminate this Lease on ninety (90) days' written notice due to Club's failure to comply with the provisions and covenants in this Lease or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator will give the Consultant written notice of the breach and set out a reasonable opportunity to cure. If the Club has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Lease at any time on ninety (90) days' written notice to Club in the event the City Manager determines that such termination is necessary for the operation of the Whitecap Wastewater Treatment Plant." 3 3) Section 4 of the Lease regarding Improvements is amended to add new subsection i. to provide language required by Texas Government Code Section 2252.909, to read as follows: "j. As required by Texas Government Code Section 2252.909, Club must include in each contract for the construction, alteration or repair of an improvement to the leased property, a condition that the contractor must execute a payment bond that conforms to Subchapter I, Chapter 53, Property Code and a performance bond equal to the amount of the contract. Club and its contractor must provide the Director of Water Systems with a notice of commencement as required by Tex. Government Code Section 2252.909 and copies of the required bonds at least 90 days prior to start of construction, alteration, or repair of any improvement to the leased property begins." 4) All other terms and conditions of the previously executed Lease and any prior amendments between the parties which are not inconsistent herewith shall continue in full force and effect. 5) This Amendment No. 3 becomes effective on the sixty-first day after final City Council approval upon execution by City Manager or designee. 6) Club agrees to pay costs of newspaper publications required by the City Charter. Agreed to by the authorized representative of the parties. City of Corpus Christi, Texas By: Name: Title: Date: Approved as to legal form: Assistant City Attorney For the City Attorney 4 5 Padre Island Yacht Club By: Commodore Date: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2024, by , as the , of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas 6 Exhibit A — to be inserted -Premises map Location Map Whitecap, Wastewater reatrnent Plant object Property