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Agenda Packet City Council - 07/29/2025
®rtif Cit of Corpus Christi 1201 Leopard Street Y Corpus Christi,TX 78401 _ cctexas.com _ Meeting Agenda Final revised City Council Tuesday,July 29,2025 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 Msgr. Douglas Courville with St. Patrick's Catholic Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Ethan Martinez, 10th grader at Veterans Memorial High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City of Corpus Christi Page 1 Printed on 712812025 City Council Meeting Agenda-Final-revised July 29,2025 E. PUBLIC COMMENT- Public comment prior to the General Public Comment period, scheduled at approximately 5:30 p.m., will only be on action items on this City Council agenda unless otherwise specified. Sign-up to speak at 5:30 p.m. is at www.corpuschristitx.gov/signin or at the City Council kiosk. Each speaker is limited to a total of no more than 3 minutes per speaker. 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 https://corpuschristitx.gov/department-directory/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 (361) 826-3211 to coordinate. The right to publicly comment prior to any item being considered constitutes a public hearing for all items on this agenda. F. BOARD &COMMITTEE APPOINTMENTS: (NONE) G. 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. H. CONSENT AGENDA: (ITEMS 1 - 15) 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. 1. 25-1210 Approval of the July 22, 2025 Regular Meeting Minutes sponsors: City Secretary's Office Consent- Second Reading Ordinances 2. 25-1084 An Ordinance of the City Council of the City of Corpus Christi, Texas Approving the 2025 Annual Update to the Service and Assessment Plan and Assessment Roll for the Whitecap Public Improvement District NO.1 Improvement Area #1 Including the collection of the 2025 Annual Installments as required by state statute. sponsors: Economic Development 3. 25-1053 Ordinance authorizing an amendment to the lease with AI Dodds Aviation, City of Corpus Christi Page 2 Printed on 712812025 City Council Meeting Agenda-Final-revised July 29,2025 LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. sponsors: Aviation Department 4. 25-1054 Ordinance authorizing an amendment to the lease with Ocean Air Center, LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. sponsors: Aviation Department 5. 25-1046 Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2026 with revenues in a total amount of $9,363,764.00 and expenditures in a total amount of$11,245,362.00 to fund 78 authorized Police sworn personnel and nine replacement vehicles, and equipment to support both as adopted by the Corpus Christi Crime Control and Prevention District Board on June 18, 2025; and appropriating $11,245,362.00 in the Crime Control and Prevention District Fund. sponsors: Police Department 6. 25-1126 Ordinance adopting the City Fiscal Year 2026 and U.S. Department of Housing and Urban Development (HUD) Program Year 2025 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of$2,746,956, the Emergency Solutions Grant (ESG) budget in the amount of$233,755, and the HOME Investment Partnerships Program (HOME) budget in the amount of$1,394,561 for a total of $4,375,272 annual HUD funding; authorizing the execution of all necessary documents to submit the AAP; authorizing a staff complement of 17 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary for all departments to implement the FY2026 PY 2025 AAP. sponsors: Planning and Community Development Department Consent- Contracts and Procurement 7. 25-0730 Motion authorizing the purchase of ammunition from GT Distributors, Inc., of Pflugerville, Texas, through the BuyBoard Cooperative, in the amount of $130,277.66 for the Corpus Christi Police Department, with FY 2025 funding of$80,277.66 from the Crime Control and Prevention District Fund and $50,000.00 from the General Fund. sponsors: Finance &Procurement and Police Department 8. 25-0721 Resolution authorizing a one-year service agreement, with two one-year options, with Xylem Water Solutions USA, Inc., of Carrollton, Texas, with an office in Corpus Christi, in an amount not to exceed $775,000.00, with a potential up to $2,325,000.00 if options are exercised, for the purchase of Flygt pumps, motors, and repairs for Corpus Christi Water, with FY 2025 funding of$193,750.00 from the Wastewater Fund. City of Corpus Christi Page 3 Printed on 712812025 City Council Meeting Agenda-Final-revised July 29,2025 Sponsors: Corpus Christi Water and Finance &Procurement 9. 25-0735 Resolution authorizing a four-year service agreement with Xylem Water Solutions USA, Inc., of Charlotte, North Carolina, with a service technician in Corpus Christi, in an amount not to exceed $734,475.60, for preventative maintenance and repair services to the ultraviolet disinfection system at the Broadway Wastewater Treatment Plant for Corpus Christi Water, with FY 2025 funding of$46,000.00 from the Wastewater Fund. Sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects 10. 25-0920 Motion awarding a construction contract to Reytec Construction Resources, Inc., of Houston, Texas, in an amount up to $100,634,000.00, and authorizing professional service contract amendment No. 5 to Hazen and Sawyer of Corpus Christi in the amount of$1,472,769.00, for a total contract value of$5,890,369.00, for the Chlorine System Improvement Project at O.N. Stevens Water Treatment Plant, located in Council District 1, with FY 2025 funding available from the Water Capital Fund. Sponsors: Corpus Christi Water, Engineering Services and Finance &Procurement General Consent Items 11. 25-1128 Motion authorizing the execution of an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for storm drainage improvements to Sam Rankin Street from Port Avenue to IH-37 in an amount not to exceed $2,500,000.00, located in Council District 1 with FY 2025 funding available from the Street Bond 2024 Funds. Sponsors: Public Works/Street Department and Engineering Services 12. 25-1165 Resolution authorizing an asset purchase and sale agreement with the City of Rockport in an amount of$5,500,000.00 for the purchase of the assets of the City of Rockport Natural Gas Utility System with funding available through the 2025 Utility System Revenue Bond. Sponsors: Gas Department 13. 25-1180 Resolution authorizing an Air Service Minimum Revenue Guarantee Agreement with Visit Corpus Christi (VCC) for funds promoting additional tourists to CCIA, in an amount totaling $100,000, with FY 2026 funding of $100,000 from VCC. Sponsors: Aviation Department and Economic Development 14. 25-1181 Resolution authorizing the execution of a Revenue Guarantee Agreement with Corpus Christi B Corporation as part of the B Corporation's Air Service Minimum Revenue Guarantee Project, in an amount totaling $250,000, with FY 2026 funding of$250,000 from Type B Corporation. Sponsors: Aviation Department and Economic Development City of Corpus Christi Page 4 Printed on 712812025 City Council Meeting Agenda-Final-revised July 29,2025 15. 25-1182 Resolution authorizing a secondary Revenue Guarantee Agreement with Frontier Airlines and Corpus Christi B Corporation, as part of the secondary funding source for the Air Service Minimum Revenue Guarantee Project, in an amount totaling $394,747, with FY 2026 funding of$394,747 from Type B Corporation. Sponsors: Aviation Department and Economic Development I. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. J. PUBLIC HEARINGS: (NONE) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. K. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 16 - 17) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 16. 25-1175 Motion authorizing amendment No. 5 to the Design-Build Contract with Kiewit Infrastructure South Co. of Westlake, Texas to continue design development to a 60% design and develop a guaranteed maximum price proposal for the Inner Harbor Water Treatment Campus (IHWTC) Project, on a cost reimbursable basis for a not to exceed amount of $50,000,000.00, for a total contract price up to $97,635,177.98, located in Council District 1, with FY 2025 funding available from the Water Capital Fund. Sponsors: Inner Harbor Desalination Program Management Office 17. 25-1219 Discuss potential consequences to be utilized in response to violations of the rules of decorum by the public during the City Council meetings. Sponsors: Legal Department L. RECESS TO THE CITY CORPORATION MEETING: (ITEM 18) 18. 25-1018 Special Board Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) to consider a Motion authorizing the General Manager to solicit proposals from qualified firms, execute a contract in an amount not to exceed $150,000.00, enter into a Cooperation Agreement with the Corpus Christi Housing Authority, and expend up to $75,000 from Corpus Christi Housing Finance Corporation funds to develop a Housing Needs Assessment and Housing Toolkit that identifies Corpus Christi's current and future housing needs and consider a Resolution authorizing the sale of the Costa Tarragona I and Costa Tarragona II Apartments to HKSK Corp. (or its permitted assigns), consenting to the assignment of the respective ground leases for such apartments, and approving various other matters required in connection with such sale. City of Corpus Christi Page 5 Printed on 712812025 City Council Meeting Agenda-Final-revised July 29,2025 Sponsors: Planning and Community Development Department M. RETURN TO CITY COUNCIL MEETING: N. BRIEFINGS: (ITEM 19) 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. 19. 25-1176 Fire Statistics briefing, presented by Fire Chief, Brandon Wade Sponsors: Fire Department O. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 20 - 21) 20. 25-1174 Update on Alternative Water Supply Projects to include an update on the Evangeline water project 21. 25-1173 Update on Upcoming Events by US Coast Guard, presented by Ryan Skrobarczyk, Director of Intergovernmental Relations P. EXECUTIVE SESSION: (ITEMS 22 -25) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 22. 25-1212 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 regulations, legal rights, property rights, and contracts related to purchase and/or sale of groundwater and property rights thereto, including sources from the Evangeline Aquifer and other sources, and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned rights to 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 City of Corpus Christi Page 6 Printed on 712812025 City Council Meeting Agenda-Final-revised July 29,2025 limited to, potential consideration of authorization to enter agreement(s) for the purchase of the property or property(ies) at and/or adjacent to locations (if any) described herein. 23. 25-1218 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 potential transactions with CC Polymers and/or related entities, including, but not limited to, state and federal laws and EPA and TCEQ regulations related thereto. 24. 25-1150 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 Joshua Ortiz v. City of Corpus Christi, Texas and Ross Murray, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. 25. 25-1179 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 Ajit David v. City of Corpus Christi et al, including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. Q. GENERAL PUBLIC COMMENT—APPROXIMATELY 5:30 P.M. ON CITY-RELATED MATTERS. R. ADJOURNMENT City of Corpus Christi Page 7 Printed on 712812025 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 + > cctexas.com yo Meeting Minutes City Council Tuesday,July 22,2025 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 11:37 a.m. B. Invocation to be given by Pastor Greg Hood with REACH Ministries. Pastor Greg Hood with REACH Ministries gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kellie Box, 11th grader at Tuloso-Midway High School. Kellie Box, 11th grader at Tuloso-Midway 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: 8- Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gil Hernandez,Council Member Sylvia Campos,Mayor Paulette Guajardo,Council Member Mark Scott,Council Member Kaylynn Paxson, and Council Member Everett Roy Absent: 1 - Council Member Eric Cantu E. PUBLIC COMMENT F. BOARD & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: H. CONSENT AGENDA: (ITEMS 1 - 25) Approval of the Consent Agenda City of Corpus Christi Page 1 Printed on 712412025 City Council Meeting Minutes July 22,2025 Mayor Guajardo referred to the Consent Agenda. Items 5, 7, 9, 11, 12, 13, and 20 were pulled for individual consideration. Council Member Paxson moved to approve the consent agenda with the exception of Items 5, 7, 9, 11, 12, 13, and 20, seconded by Council Member Vaughn. The motion carried by the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 1 - Council Member Cantu Abstained: 0 1. 25-1160 Approval of the July 15, 2025 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 2. 25-0644 Ordinance authorizing a no-fee 20-year lease agreement with the Federal Aviation Administration for 2.7896 acres of land at the Corpus Christi International Airport for the operation of an Airport Surveillance Radar. (28- day delay required between readings) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033685 3. 25-0646 Ordinance authorizing the appropriation of$40,000.00 in grant program income under the Motor Vehicle Crime and Prevention Authority grant in the Police Grants Fund; and authorizing the appropriation of$11,863.63 in insurance claim proceeds into the Police Grants Fund; and amending the FY 2025 Police Grants Fund Budget by a total amount of$51,863.63. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033686 4. 25-0737 Ordinance authorizing submission of reimbursement requests to the Texas Department of Emergency Management, Coastal Bend Regional Advisory Council, Texas A&M University-Extension Service, and the Texas Emergency Medical Task Force; and, upon receipt of funds, accepting and appropriating in the Emergency Management Grants Fund for budgeting and accounting purposes; and execution of all necessary documents. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033687 City of Corpus Christi Page 2 Printed on 712412025 City Council Meeting Minutes July 22,2025 5. 25-0867 Consideration and approval of an ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2025B" for solid waste improvements approved by City Council in the FY 2025 CIP Budget in an amount not to exceed $4,480,000, within set parameters and according to the plan of finance set by the City's financial advisors; providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said certificates by a lien on and pledge of the pledged revenues of the solid waste system; delegating authority to the City Manager, Assistant City Manager over Finance, Director of Finance and Procurement and certain other authorized officials to approve and execute documents relating to the issuance, sale and delivery of the certificates; enacting other provisions incident and related thereto; and providing an effective date. Council Member Barrera moved to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor Guajardo, Council Member Scott and Council Member Roy Nay: 2- Council Member Hernandez and Council Member Paxson Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033688 6. 25-0868 Consideration and approval of an ordinance authorizing the issuance of"City of Corpus Christi, Texas, General Improvement and/or Refunding Bonds, Series 2025", for the second issuance of bonds from the Bond 2022 authorization for projects approved by the voters in November 2022 in an amount not to exceed $30,000,000 and or refinancings in an amount not to exceed $35,785,000 for the refunding, within set parameters and according to the plan of finance set by the City's financial advisors; levying a continuing direct annual ad valorem tax for the payment of the bonds; delegating authority to the City Manager, Assistant City Manager over Finance, Director of Finance and Procurement , and certain other authorized officials to approve and execute documents relating to the issuance, sale, and delivery of the bonds; enacting other provisions incident and related thereto; and providing for an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033689 7. 25-0869 Consideration and approval of ordinance authorizing the issuance of City of Corpus Christi, Texas combination tax and limited pledge revenue certificates of obligation, series 2025K for capital improvements to streets, public health and safety facilities, parks, public facilities, and storm water infrastructure approved by City Council in the FY 2025 CIP Budget in an amount not to exceed City of Corpus Christi Page 3 Printed on 712412025 City Council Meeting Minutes July 22,2025 $38,720,000, within set parameters and according to the plan of finance set by the City's financial advisors; providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said certificates by a lien on and pledge of the pledged revenues of the solid waste system; delegating authority to the City Manager, Assistant City Manager over Finance, Director of Finance and Procurement and certain other authorized officials to approve and execute documents relating to the issuance, sale, and delivery of the certificates; enacting other provisions incident and related thereto; and providing an effective date. Council Member Barrera moved to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033690 8. 25-1006 Consideration and approval of an ordinance authorizing the issuance of"City of Corpus Christi, Texas Limited Tax Notes, Series 2025", for public safety, vehicles and streets approved by City Council in the FY 2025 CIP Budget in an amount not to exceed $11,120,000; levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; delegating authority to the City Manager, Assistant City Manager over Finance, Director of Finance and Procurement to execute documents relating to the sale of the notes; enacting other provisions incident and related thereto; and providing an effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033691 9. 25-0981 Ordinance authorizing the acceptance of$30,000.00 from the American Society for the Prevention of Cruelty to Animals, under the FY 2025 National Shelter Initiative Grant - Rescue Effect Campaign, for use by the Animal Care Services Department for make-ready costs including adoption fees, microchips, vaccinations, testing, and spay/neuter surgery; and appropriating in the Animal Care Services Grant Fund. Council Member Campos moved to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 4 Printed on 712412025 City Council Meeting Minutes July 22,2025 Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033692 10. 25-0572 Ordinance authorizing the acceptance of$15,000.00 from the National Recreation & Park Association for use by the Parks & Recreation Department for the Heart Your Park Volunteer Days and appropriating $15,000.00 in the Parks & Recreation Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033693 11. 25-0564 Ordinance abandoning, vacating, and closing 2.5193 acres of improved and unimproved public right-of-way identified as sections of Washington Street, Williams Avenue, Hatch Street, Summers Street, John Street, Dempsey Street, Priour Avenue, Nueces Street and Coke Street for no fee as provided in the Harbor Bridge Replacement Project Four Party Agreement. Mayor Guajardo opened the public hearing. The following individuals spoke: Jim Klein, Corpus Christi, TX, Tina Butler, Corpus Christi, TX, Monna Lytle, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Dan McQueen, Corpus Christi, TX, Isabel Araiza, Corpus Christi, TX, Mariah Boone, Corpus Christi, TX, and Elida Castillo, Taft, TX. Mayor Guajardo closed the public hearing. 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: 6- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 2- Council Member Campos and Mayor Guajardo Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033694 12. 25-0263 Zoning Case No. ZN8534, Port of Corpus Christi Authority (District 1). Ordinance rezoning various properties along Lexington Avenue, located south of Minton Street and north of Martin Luther King Drive, from the "RS-6" City of Corpus Christi Page 5 Printed on 712412025 City Council Meeting Minutes July 22,2025 Single-Family 6 District to the "IL" Light Industrial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo opened the public hearing. The following individuals spoke: Henry Williams, Corpus Christi, TX, Gilbert Aguirre, Corpus Christi, TX, Jim Klein, Corpus Christi, TX, Tina Butler, Corpus Christi, TX, Monna Lytle, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Dan McQueen, Corpus Christi, TX, Isabel Araiza, Corpus Christi, TX, Mariah Boone, Corpus Christi, TX, Peter Moore, Corpus Christi, TX, Frank Ayala, Corpus Christi, TX, and Elida Castillo, Taft, TX. Mayor Guajardo closed the public hearing. Council Member Hernandez moved to amend the ordinance from the "RS-6" Single-Family 6 District to the "CG-2/SP" General Commercial District with a Special Permit, seconded by Council Member Vaughn and approved with the following vote: Council Members Barrera, Hernandez, Paxson, Roy, Scott and Vaughn voting, "yes," Mayor Guajardo and Council Member Campos voting, "no," and Council Member Cantu, absent. Council Member Barrera moved to approve the ordinance as amended, seconded by Council Member Roy. This Ordinance was passed on second reading as amended and approved with the following vote Aye: 6- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 2- Council Member Campos and Mayor Guajardo Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033695 13. 25-0787 Zoning Case No. ZN8553, Port of Corpus Christi Authority (District 1). Ordinance rezoning various properties at or near 1901 through 2202 Nueces Street, located north of Interstate Highway 37 (IH 37), along with portions of West Broadway Street, Washington Street, Williams Avenue, Hatch Street, Summers Street, John Street, Dempsey Street, Priour Street, Nueces Street and Coke Street, from the "RM-1" Multifamily District and the "CN-1" Neighborhood Commercial District to the "IL" Light Industrial District; providing for a penalty not to exceed $2,000 and publication. (Staff recommends approval) (Planning Commission recommends denial of requested IH and a change to "IL" Light Industrial District in lieu of IH. Requires 3/4 favorable vote to overrule Planning Commission). Mayor Guajardo opened the public hearing. The following individuals spoke: City of Corpus Christi Page 6 Printed on 712412025 City Council Meeting Minutes July 22,2025 Jim Klein, Corpus Christi, TX, Tina Butler, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Dan McQueen, Corpus Christi, TX, Isabel Araiza, Corpus Christi, TX, Mariah Boone, Corpus Christi, TX, and Elida Castillo, Taft, TX. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on second reading and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 2- Council Member Campos and Mayor Guajardo Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033696 Consent- Contracts and Procurement 14. 25-0801 Motion authorizing execution of a five-year agreement with Intrado Life and Safety, of Longmont, Colorado, through the HGACBuy Cooperative, in the amount of$1,073,513.09 to upgrade the 911 call routing hardware and software and provide the necessary software licenses, training, technical support and maintenance, and professional services, with FY 2025 funding in the amount of $587,393.19 from the Police Grants Fund. This Motion was passed on the consent agenda. Enactment No: M2025-087 15. 25-0806 Resolution authorizing a five-year service agreement with AT&T Enterprises, of Dallas, Texas, for upgraded 911 services and the necessary emergency service network access, support, maintenance, and professional services in the amount of$2,363,674.10 for the Corpus Christi Police Department, with FY 2025 funding in the amount of$153,960.23 from the Police Grants Fund. This Resolution was passed on the consent agenda. Enactment No: 033697 16. 25-0610 Resolution authorizing the purchase of 14 replacement and two additional light vehicles by various City Departments, of which all 16 units will be outright purchases through the TIPS Cooperative for a total amount of$1,176,428.88, with FY 2025 funding in the amount of$67,689.50 coming from the FY 2025 General Fund, $56,174.25 coming from the Health Grants Fund, $105,308.25 coming from the Law Enforcement Trust Fund, and $947,256.88 coming from City of Corpus Christi Page 7 Printed on 712412025 City Council Meeting Minutes July 22,2025 the FY 2025 Fleet Equipment Replacement Fund. This Resolution was passed on the consent agenda. Enactment No: 033698 17. 25-0611 Resolution authorizing the acquisition of 15 replacement and six additional heavy equipment by various City Departments, of which 16 units will be outright purchases and five units will be lease-purchases, through the BuyBoard, HGAC, and Sourcewell Cooperatives, for a total amount of$4,814,399.94, with FY 2025 funding in the amount of$2,909,753.59, with $173,149.65 coming from the FY 2025 General Fund, $162,905.33 coming from the FY 2025 Streets Fund, and $2,573,698.61 coming from the FY 2025 Fleet Equipment Replacement Fund. This Resolution was passed on the consent agenda. Enactment No: 033699 18. 25-0986 Motion authorizing execution of a two-year professional services agreement, with two two-year options, with Hilltop Securities Asset Management, LLC, of Austin in an amount not to exceed $240,000.00, with a potential up to $750,000.00 if the options are exercised, for investment advisor services, with FY 2026 funding of$120,000.00 from the General Fund, subject to approval of the annual budget. This Motion was passed on the consent agenda. Enactment No: M2025-092 Consent- Capital Projects 19. 25-0902 Motion authorizing a professional services contract with J. Schwarz & Associates of Odem, Texas to provide design, bid, and construction phase services for the Twin 36-inch & McBride Wastewater Lines to the Oso Wastewater Reclamation Plant Rehabilitation Project in an amount up to $604,650.00, located in Council Districts 1 and 4, with FY 2025 funding available from the Wastewater Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2025-093 20. 25-0904 Motion awarding a construction contract to Crawford Henrichson and Crawford LLC, of Addison, Texas for the La Retama Central Library Exterior Renovation project in an amount up to $2,027,560.00, located in Council District 1, with FY 2025 funding available from the Bond 2022 and prior City Council approved Certificates of Obligation. Director of Libraries Laura Garcia presented information on the following topics: existing east conditions; north-east elevation; south-east elevation; and south elevation rear hardscape. City of Corpus Christi Page 8 Printed on 712412025 City Council Meeting Minutes July 22,2025 Council Member Paxson moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: M2025-094 General Consent Items 21. 25-0891 Resolution authorizing 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, with one grant in the amount of$109,507.75 for funding for the purchase of one additional 2025 Ford F-450 Police response vehicle and one grant in the amount of$105,501.57 for funding for the purchase of one replacement Spartan Robot for the Corpus Christi Police Department's Bomb Squad. This Resolution was passed on the consent agenda. Enactment No: 033700 22. 25-0908 Motion authorizing execution of a four-year lease agreement with Alvita, Ltd., of Austin, TX, for the lease of a building to house the Public Safety Radio System Shop (Radio Shop) located at 2510 Lipan Street in Corpus Christi (10,215 square feet) for the Information Technology Department in an amount not to exceed $535,740.00, with FY 2025 funding of$31,542.00 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2025-095 Consent-First Reading Ordinances 23. 25-1084 An Ordinance of the City Council of the City of Corpus Christi, Texas Approving the 2025 Annual Update to the Service and Assessment Plan and Assessment Roll for the Whitecap Public Improvement District NO.1 Improvement Area #1 Including the collection of the 2025 Annual Installments as required by state statute. This Ordinance was passed on first reading on the consent agenda. 24. 25-1053 Ordinance authorizing an amendment to the lease with Al Dodds Aviation, LLC to amend the term to add two one-year renewals and add an escalation of the City of Corpus Christi Page 9 Printed on 712412025 City Council Meeting Minutes July 22,2025 base rent by 3% per annum. This Ordinance was passed on first reading on the consent agenda. 25. 25-1054 Ordinance authorizing an amendment to the lease with Ocean Air Center, LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. This Ordinance was passed on first reading on the consent agenda. I. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:37 p.m. Executive Session Items 35-37 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:45 p.m. J. PUBLIC HEARINGS: (ITEMS 26 - 27) 26. 25-1046 Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2026 with revenues in a total amount of$9,363,764.00 and expenditures in a total amount of$11,245,362.00 to fund 78 authorized Police sworn personnel and nine replacement vehicles, and equipment to support both as adopted by the Corpus Christi Crime Control and Prevention District Board on June 18, 2025; and appropriating $11,245,362.00 in the Crime Control and Prevention District Fund. Assistant Police Chief David Blackmon presented information on the following topics: history and background; budget summary; budget overview; revenues; and expenditures. Mayor Guajardo opened the public hearing. Susie Saldana, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Mariah Boone, Corpus Christi, TX, James Perkins, Corpus Christi, TX, and Melissa Zamora, Corpus Christi, TX, spoke. Mayor Guajardo closed the public hearing. Council Member Vaughn moved to approve the ordinance, seconded by Mayor Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 1 - Council Member Cantu Abstained: 0 27. 25-1126 Ordinance adopting the City Fiscal Year 2026 and U.S. Department of Housing City of Corpus Christi Page 10 Printed on 712412025 City Council Meeting Minutes July 22,2025 and Urban Development (HUD) Program Year 2025 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of $2,746,956, the Emergency Solutions Grant (ESG) budget in the amount of $233,755, and the HOME Investment Partnerships Program (HOME) budget in the amount of$1,394,561 for a total of$4,375,272 annual HUD funding; authorizing the execution of all necessary documents to submit the AAP; authorizing a staff complement of 17 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary for all departments to implement the FY2026 PY 2025 AAP. Interim Assistant City Manager Dan McGinn presented information on the following topics: required plans; FY 2026 annual action plan; allocations; timeline; stakeholder consultations; five year priority needs; examples of previous projects; and FY 2026 project recommendations. Mayor Guajardo opened the public hearing. Lisa Gerdes, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Melissa Juarez, Corpus Christi, TX, James Perkins, Corpus Christi, TX, Jim Klein, Corpus Christi, TX, and Lien Rosas, Corpus Christi, TX, spoke. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Mayor Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Campos Absent: 1 - Council Member Cantu Abstained: 0 K. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 28 - 31) 28. 25-1167 Motion to waive the City Council's August 24, 2025 deadline to submit a contract for water from South Texas Water Authority (STWA) in response to their request and STWA's ongoing negotiations with Seven Seas as negotiations and due diligence in pursuit of a contract with STWA will continue and be reported back to City Council as more progress is made. Chief Operating Officer of Corpus Christi Water Drew Molly provided a brief summary regarding the deadline for South Texas Water Authority to submit a contract. Council Member Vaughn moved to amend the August 24, 2025 deadline motion to state City of Corpus Christi Page 11 Printed on 712412025 City Council Meeting Minutes July 22,2025 "to report back to City Council on September 23, 2025", seconded by Council Member Barrera and passed unanimously. Mayor Guajardo opened the public hearing. Susie Saldana, Corpus Christi, TX and Michael Miller, Corpus Christi, TX, spoke. Mayor Guajardo closed the public hearing. Council Member Vaughn moved to approve the motion as amended, seconded by Council Member Barrera. This Motion was passed as amended and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 2- Council Member Campos and Council Member Cantu Abstained: 0 Enactment No: M2025-096 29. 25-0861 Motion awarding a construction contract to JE Construction Services of Corpus Christi, Texas, for the construction of the Solid Waste Compost Yard, located at Cefe Valenzuela Landfill, outside City Limits, in an amount of$5,489,118.50 with FY 2025 funding available from the prior certificate of obligation. Director of Solid Waste Operations Philip Aldridge presented information on the following topics: background; project background; local feedstocks; local users; benefits of composting; compost construction bid tabulation; and project timeline. Mayor Guajardo opened public comment. Jim Klein, Corpus Christi, TX and Michael Miller, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 2- Council Member Campos and Council Member Cantu Abstained: 0 Enactment No: M2025-097 30. 25-1109 Resolution authorizing the execution of a Chapter 380 Incentive Agreement with Cinergy 112, LLC to provide a rebate of up to $4,150,000 of City of Corpus City of Corpus Christi Page 12 Printed on 712412025 City Council Meeting Minutes July 22,2025 Christi ad valorem taxes and city sales taxes over a 15-year period for the development of Cinergy Family Entertainment Center, located at the corner of Rodd Field Road and South Padre Island Drive (SPID) in District 4. Director of Economic Development Arturo Marquez presented information on the following topics: Cinergy project location; who is Cinergy; Cinergy Entertainment; conceptual floor plan; proposed amenities; 15 year economic impact summary; developer request; and project economics. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Paxson moved to approve the resolution, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033701 31. 25-1164 Resolution authorizing an Air Service Minimum Revenue Guarantee Agreement with an airline for Corpus Christi International Airport totaling $787,579.00, as part of the Small Community Air Service Development (SCASD) program grant from the United States Department of Transportation (DOT), and authorizing the City Manager or designee to execute all documents necessary for the air service agreement. Interim Director of Aviation Jeremy Valgardson presented information on the following topics: Small Community Air Service Development (SCASD) grant; why Denver; beyond just Denver; fare vs. average CRP fares; airline MRG key points; and needed participants and funds. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member moved to approve the resolution, seconded by Council Member Scott. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 13 Printed on 712412025 City Council Meeting Minutes July 22,2025 Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Scott, Council Member Paxson and Council Member Roy Absent: 1 - Council Member Cantu Abstained: 0 Enactment No: 033702 L. BRIEFINGS: (ITEM 32) 32. 25-1135 Briefing on the Inner Harbor Water Treatment Campus, specifically focusing on the Kiewit cost model for construction. Inner Harbor Desalination Program Management Office Director Brett Van Hazel, Engineer at Freese and Nichols Jason Cocklin, Kiewit Energy Engineer Joe Miller, and Assistant Director of Corpus Christi Water (CCW)-Finance & Administration Kamil Taras presented information on the following topics: presentation overview; current project status update; project timeline; demonstration plant; cost model: contract requirement; project cost review points; cost iteration process; impact to CCW ratepayer; CCW rate payer forecast; cost of water; construction cost iteration; project cost breakdown; engineering summary; construction summary; next steps; and future project topics. M. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 33 - 34) 33. 25-1170 FY2026 Budget Development Process Update City Manager Peter Zanoni provided a brief update on the FY2026 budget development process. 34. 25-1169 Update on Alternative Water Supply Projects Chief Operating Officer of Corpus Christi Drew Molly presented information on the following topics: stream flows in the Frio near Uvalde; Frio River rainfall event - July 14; The Frio River at Tilden; reservoir history (western supplies); reservoir water levels; Evangeline groundwater project; Nueces River Groundwater wells project; and Oso Wastewater Treatment Plant reclaimed water fill station. N. EXECUTIVE SESSION: (ITEMS 35 -37) 35. 25-1133 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 acquisition of the City of Rockport natural gas utility and distribution system assets and Texas Government Code § 551.072 to discuss and deliberate the purchase and/or value of the real property associated with the aforementioned system. City of Corpus Christi Page 14 Printed on 712412025 City Council Meeting Minutes July 22,2025 This E-Session Item was discussed in executive session. 36. 25-1134 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 regulations, legal rights, property rights, and contracts related to purchase and/or sale of groundwater from the Evangeline Aquifer, and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned rights to 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 purchase of the property or property(ies) at and/or adjacent to locations (if any) described herein. This E-Session Item was discussed in executive session. 37. 25-1161 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 a potential Air Service Agreement with a Minimum Revenue Guarantee for Enhanced Air Connectivity and authorizations of Type B Economic Development Grants and federal grants for Airline Service and related grant agreements involving Visit Corpus Christi, and supporting the establishment of a new nonstop route 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. This E-Session Item was discussed in executive session. O. GENERAL PUBLIC COMMENT Mayor Guajardo opened public comment. The following individuals spoke: Chris Hamilton, Corpus Christi, TX, Bradley Bartilson, Corpus Christi, TX, Daniel Resley, Corpus Christi, TX, David Loeb, Corpus Christi, TX, Jason Hale, Corpus Christi, TX, Jennifer Aguirre, Corpus Christi, TX, Susie Saldana, Corpus Christi, TX, Dan McQueen, Corpus Christi, TX, Samuel Aundra Fryer, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Melanie Sanchez, Corpus Christi, TX, Melissa Zamora, Corpus Christi, TX, Sage Jimenez, Corpus Christi, TX, Mark Muenster, Corpus Christi, TX, Andrea Puyol, Corpus Christi, TX, James Perkins, Corpus Christi, TX, Michael Miller, Corpus Christi, TX, Adam Rios, Corpus Christi, TX, Joshua Fraedrick, Corpus Christi, TX, Jake Hernandez, Corpus Christi, TX, Beatriz Alvarado, Corpus Christi, TX, Chloe Torres, Corpus Christi, TX, Isabel Araiza, Corpus Christi, TX, Amanda Breland, Corpus Christi, TX, Robin Cox, Corpus Christi, TX, Armon Alex, Corpus Christi, TX, Jim Klein, Corpus Christi, TX, Mariah Boone, Corpus Christi, TX, Conor Rice, Corpus Christi, TX, Brittni Young, Corpus Christi, TX, Alberto A Zertuche, Corpus Christi, TX, Eli McKay, Corpus City of Corpus Christi Page 15 Printed on 712412025 City Council Meeting Minutes July 22,2025 Christi, TX, and Mike Culbertson, Corpus Christi, TX. The following individuals submitted a written public comment which is attached to the minutes: Martha Morton, Corpus Christi, TX, Lori Jo Walker, Robstown, TX, Aaron Price, Ingleside, TX, Pat Craig, Corpus Christi, TX, Dale Switalla, Corpus Christi, TX, Arnold Guerra, Corpus Christi, TX, Julie Rogers, Corpus Christi, TX, and Sara Dolson, Corpus Christi, TX. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 10:14 p.m. City of Corpus Christi Page 16 Printed on 712412025 1 Monday,July 21,2025 r• Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,July 22,2025 Name Martha Morton Address 2306 Restful Lane Corpus Christi,TX,78418 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic Inner Harbor vs. STWA desalination Agenda Item Number 28 Comment Hello Council Members: am respectfully asking each of you to support the STWA desalination project.The late June vote of 5-4 took place, and the contract should be signed now with Seven Seas,or another source. Please stop filibustering. Look at the map around Corpus Christi. Please don't dump your water there. A pipeline already exists to Kingsville. Our city model shows Western Water Supply will be empty by April 2027 and Inner Harbor will not be complete until August 2028 or after, and with substantial cost increases. Please do not delay the STWA project. The contract can be signed with the understanding that the company must obtain the necessary TCEQ permits and do environmental studies required for permitting. Seven Seas is experienced. This has been vacillating for too long.The citizens of Corpus Christi know what's going on. Is this ethical? We deserve better. Provide an email to receive a copy of martha.desimon@gmaii.com your submission. 2 Monday,July 21,2025 AL 9.2 ;�• Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings To submit a service request,ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings i Date of Meeting Tuesday,July 22,2025 Name Lori Jo Walker Address 5502 Covey Place Robstown,TX,78380 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? No Topic Waive deadline to submit contract with South Texas Water Authority Agenda Item Number 25-1167,25-0564,25-0263,25-0787 Comment My name is Lori Jo Walker. I own property at 1205 and 1209 E CR 2360 in Riviera,Texas. I ask you to vote to waive the deadline for contract between the City of Corpus Christi and South Texas Water Authority. As and many other stated last week, discharging into local waterways is environmentally reckless and unnecessary. I am not against desalination, but the discharge must be disposed of properly and without damage to our environment. We ask that other methods of disposal be researched. All information regarding this project should be presented to the public with adequate time for discussion and comment. We all want growth and success for South Texas, but we need to proceed in a way that protects our residents and the environment we all live in and love. In addition, I ask that you not rezone the Hillcrest area to industrial. This long enduring and important community deserves to remain in the area where they have built their lives. Thank you for your service. Provide an email to receive a copy of lorijowalker@aol.com your submission. Monday,July 21,2025 Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question,report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,July 22,2025 Name Aaron Price Address 2061 Fourth st Ingleside,TX,78362 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? No Topic Inner Harbor Desal/STWA Driscol plant Agenda Item Number 32&34 Comment 1. Why has there been no proposal for the costs to put in a pipeline to pump the desal brine discharge 4-5 miles offshore? I have seen zero cost proposal,just people saying "its too expensive".That's not a good enough excuse. I want to see hard facts and data on costs. 2. When the DHI Modeling representative (gentlemen with an Australian accent) at the 7-15-24 meeting stated that the information in the model was proprietary,this is extremely alarming. You can literally go to the DHI website (https://www.dhigroup.com/technologies/mikepoweredbydhi/pricing#ContactForm) and order the software. Anyone can...There should be secondary checks to verify this model and its information are accurate and factual. Ask Texas A&M.Trust,but verify... If this model is wrong,you will see one of the worst environmental screw ups in the history of this city. 3. Seven Seas and STWA have been lacking transparency with the public. I have emailed both with simple questions,and zero response. Provide an email to receive a copy of mrgofast27@aol.com your submission. Tuesday,July 22,2025 Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings To submit a service request, ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings Date of Meeting Tuesday,July 22, 2025 Name Pat Craig Address 5925 Tapestry Dr Corpus Christi,TX,78414 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 5 Topic Water Agenda Item Number 28 Comment Please continue to pursue a contract with SWTA and Seven Seas. The contract should be very detailed and specific regarding the cost and the disposal of the discharge,which should not have a negative effect on our creeks,rivers or bays. Thank you for exploring this option, as well as other options that will give the residents water as soon as possible. Monday,July 21,2025 ;' • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request,ask a question, report a violation browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,July 22, 2025 Name Dale Switalla Address 2818 Hulbirt C.C.,TX,78407 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 1 Topic South Texas Water Authority project Agenda Item Number 34(25-1169) Comment I support the South Texas Water Authority project. It costs us zero and we only buy the water if they produce it. We need cheap water and Seven Seas can give it to us. We only have to pay for the electricity to pump it here using the already existing pipe. I also support going with the Evangeline system.These two water systems seem to be cheaper than the high-priced Desal plant which is now at 1.2 billion and only going up from that original $220 million. Don't be fooled, look at what other USA Desal plants cost and are producing. Many others are not producing like what they promised and are out of service months of each year. Like when we sent 2 council members to visit one and found they were closed for repairs. Last thing,those over-priced wells you are digging along the Nueces river could have been done by other companies for less than 1.2 million each. But at least they are giving us some water.Thank you. Provide an email to receive a copy of kiwiservices@ymail.com your submission. Tuesday,July 22,2025 ;'• Public Comment & Input Form ►4 For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request,ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings Date of Meeting Tuesday,July 22, 2025 Name Arnold Guerra Address 2610 Windhollow Corpus Christi,Texas,78414 Please select the Board, Committee, City Council or governing body that your j comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 5 Topic Rezoning of Hillcrest and desalination Agenda Item Number General public Comment I am against the rezoning of Hillcrest neighborhood for heavy industry. I am not against desalination but do not feel that we the community should be paying the bill for it. We are the least consumers so industry should pay for it. I would also like for industry to build the pipeline to have the brine discharge 100 miles out and for it not to be done in the inner harbor. I would like to thank those of you that ask the questions on behalf of your constituents. The price tag for this desalination plant is outrageous and we all know that the city has a history of not caring for what they manage(example)the ABC,the water gardens,the money spending at Hooks games the p-card usage for alcoholic beverages and food.That's just a few. Please do better. Thank You. Provide an email to receive a copy of talk.later@hotmai1.com your submission. Tuesday,July 22, 2025 AL Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question, report a violation,browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings Date of Meeting Tuesday,July 22, 2025 Name Julie Rogers Address 710 Furman Ave,Corpus Christi,TX Corpus Christi,TX,78404 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 1 Topic Library Bond Agenda Item Number 20 Comment Good Morning, please keep the ball rolling for the bond to renovate La Retama. It is the Central and Main Library and deserves to be treated that way. Right now,paint is peeling off the building and patrons can't see out the window to our beautiful Blucher Park,which is named after our first Librarian in Corpus Christi, Maria Blucher. The renovation will not only uplift the building but it will improve the whole area. In this case,you can judge a book by its cover, and the La Retama building and sign looks like we as a City don't care about public libraries. Let's show that we care and get the renovation done. I cannot attend the Council meeting today because we have a Friends of the Library Board meeting. I am grateful to be able to submit a written comment. Provide an email to receive a copy of rogersjuliet@gmail.com your submission. Tuesday,July 22,2025 ;k Public Comment & Input Form For City Council Meetings, Board Meetings, &Commission Meetings To submit a service request,ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,July 22, 2025 Name Sara Dolson Address 512 Ohio Ave. Corpus Christi,TX,78404 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Desal Agenda Item Number NA Comment Please vote no to desalination! It's wildly expensive,only actually needed for industry(not residents), harmful for our environment and the residents of our city! Let's love and care for our residents and put them before profits. Please. Provide an email to receive a copy of saramdolson@gmail.com your submission. se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading City Council Meeting July 22, 2025 1852 Second Reading City Council Meeting July 29, 2025 DATE: July 1, 2024 TO: Peter Zanoni, City Manager FROM: Arturo Marquez, CEcD, Ms. Econ, Director of Economic Development Arturoim3(a cctexas.com 361-826-3885 Ordinance Approving the Annual SAP Update for Whitecap PID No.1 CAPTION: An Ordinance of the City Council of the City of Corpus Christi, Texas Approving the 2025 Annual Update to the Service and Assessment Plan and Assessment Roll for the Whitecap Public Improvement District NO.1 Improvement Area #1 Including the collection of the 2025 Annual Installments as required by state statute. SUMMARY: This item will approve the statutorily required annual Service and Assessment Plan (SAP) for the Whitecap Public Improvement District No. 1 (PID). BACKGROUND AND FINDINGS: In September 2021, Diamond Beach Holdings submitted an application to the City of Corpus Christi requesting the creation of a Public Improvement District (PID) on North Padre Island for a master-planned community subsequently named Whitecap. Following an initial petition in February 2022 and a revised petition in April 2022, City Council held a public hearing and, on May 17, 2022, adopted Resolution No. 032761 authorizing the establishment of Whitecap Public Improvement District No. 1. A PID is a statutory financing mechanism established under Chapter 372 of the Texas Local Government Code, which allows for the levy of special assessments on properties within the district to fund public infrastructure improvements and amenities that benefit those properties. On February 20, 2024, City Council adopted Ordinance No. 033302 approving the initial Service and Assessment Plan (SAP) for the District, which included the levy of Improvement Area #1 Assessments against the benefited properties and approved the related Assessment Roll. Subsequently, on October 15, 2024, City Council adopted Ordinance No. 033492 approving the 2024 Amended and Restated SAP for the District to authorize the issuance of Improvement Area #1 Bonds and to update the Improvement Area #1 Assessment Roll accordingly. In accordance with the PID Act, the Service and Assessment Plan must be reviewed and updated annually. The 2025 Annual Service and Assessment Plan Update continues to identify the Authorized Improvements, confirms the outstanding assessments, and updates the Assessment Roll for the 2025 tax year. It also includes updates on plat recordings, current lot and home sales, the status of ongoing construction of Authorized Improvements, the current outstanding principal balance ($22,088,000) net of principal bond payments, and the required Annual Installment due by January 31 , 2026, which includes principal and interest, an Additional Interest Reserve Requirement, and annual administrative costs. Improvement Area #1 encompasses approximately 55.9 acres of the total 242-acre planned development and consists of 199 single-family residential lots, with infrastructure improvements including streets, drainage, water, wastewater, park improvements, soft costs, and associated administrative and financing costs. The 2025 Annual Service and Assessment Plan Update complies with statutory requirements and ensures the City has an up-to-date record of all assessments to be collected for the continued reimbursement of eligible public improvements benefiting the properties within the District. ALTERNATIVES: City Council could choose not to approve the annual Service and Assessment Plan update. FISCAL IMPACT: There is no immediate fiscal impact from this action. RECOMMENDATION: Staff recommends that City Council approve the annual Service and Assessment Plan for the Whitecap Public Improvement District No. 1 . LIST OF SUPPORTING DOCUMENTS: Ordinance Service and Assessment Plan Presentation ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS APPROVING THE 2025 ANNUAL UPDATE TO THE SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR THE WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 IMPROVEMENT AREA#1 INCLUDING THE COLLECTION OF THE 2025 ANNUAL INSTALLMENTS. WHEREAS, on May 17, 2022, the City Council of the City of Corpus Christi, Texas (the "City Council") passed and approved Resolution No. 032761 authorizing the creation of the Whitecap Public Improvement District in accordance with the Public Improvement District Assessment Act (the "Act"), which authorization was effective upon publication as required by the Act; and WHEREAS, on February 20, 2024, the City Council adopted and approved Ordinance No. 033302 which approved the Whitecap Public Improvement District Service And Assessment Plan (the "2024 Service and Assessment Plan") for the District and levied assessments within Improvement Area #1 of the District; and WHEREAS, on October 15, 2024, the City Council approved Ordinance No. 033492 which issued Improvement Area No. 1 Bonds; and WHEREAS, the 2024 Service and Assessment Plan identified the authorized improvements to be constructed for the benefit of the assessed property within the District, set forth the costs of the authorized improvements, the indebtedness to be incurred for such authorized improvements, and the manner of assessing the property in the District for the costs of such authorized improvements based on the benefit provided to the assessed property in the District and the Assessment Roll adopted identified the assessments on each lot, based on the assessment method identified in the 2024 Service and Assessment Plan; and WHEREAS, the 2024 Service and Assessment Plan and assessment roll is required to be reviewed and updated annually as described in Sections 372.013 and 372.014 of the Act; and WHEREAS, the City Council now desires to proceed with the adoption of this Ordinance and approval of the "Whitecap Public Improvement District Amended and Restated Service and Assessment Plan" and the updated assessment roll attached thereto (the "2025 Amended and Restated Service and Assessment Plan"), in conformity with the requirements of the Act, as the Annual Service Plan Update for the District for 2025 (the "2025 Annual Service Plan Update") and to update the assessment roll; and WHEREAS, the City Council finds the passage of this Ordinance to be in the best interest for the citizens of Corpus Christi, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That all matters stated in the recitals contained in the preamble of this Ordinance are found to be true and correct and are incorporated herein as if copied in their entirety as findings of fact. All capitalized terms herein not otherwise defined shall have the meanings ascribed to such terms in the 2025 Amended and Restated Service and Assessment Plan. SECTION 2: That the 2025 Amended and Restated Service and Assessment Plan and updated Assessment Roll attached hereto as Exhibit A are hereby accepted as provided, as the 2025 Annual Service Plan Update and in connection with the issuance of the Bonds. SECTION 3: If any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 4: That this Ordinance shall be cumulative of all other City Ordinances and all other provisions of other Ordinances adopted by the City which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: The City Secretary is directed to give notice of the authorization of the 2025 Annual Service Plan Update by recording this Ordinance in the Official Public Records of Nueces County, Texas on or before the seventh day after the final passage of this Ordinance. SECTION 6: This Ordinance shall take effect immediately from and after its passage and in accordance with the provisions of the Act, and it is accordingly so ordained. SECTION 7: It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act. SECTION 8: This Ordinance shall take effect and be in force immediately from and after its adoption on the date shown below in accordance with Texas Government Code, Section 1201.028, as amended. [The remainder of this page intentionally left blank.] PASSED AND APPROVED on this 29th day of July, 2025. THE CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (SEAL) APPROVED THIS 29TH DAY OF JULY, 2025 Miles Risley, City Attorney AFTER RECORDING RETURN TO: City of Corpus Christi Attn: City Secretary 1201 Leopard Street Corpus Christi, Texas 78401 Exhibit A 2025 Annual Service Plan Update TKS WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 2025 ANNUAL SERVICE PLAN UPDATE JULY 2212025 INTRODUCTION Capitalized terms used in this 2025 Annual Service Plan Update shall have the meanings set forth in the 2024 Amended and Restated Service and Assessment Plan. The District was created pursuant to the PID Act by Resolution No. 032761 on May 17, 2022 by the City Council to finance certain Authorized Improvements for the benefit of the property in the District. On February 20, 2024, the City approved the Service and Assessment Plan for the District by adopting Ordinance No. 033302 which approved the levy of Improvement Area #1 Assessments against Improvement Area #1 Assessed Property and approved the Improvement Area #1 Assessment Roll. On October 15, 2024,the City approved the 2024 Amended and Restated Service and Assessment Plan for the District by adopting Ordinance No. 033492, which served to amend and restate the Service and Assessment Plan in its entirety for the purposes of(1) issuing the Improvement Area #1 Bonds and (2) updating the Improvement Are a#1 Assessment Roll The 2024 Amended and Restated Service and Assessment Plan identified the Authorized Improvements to be constructed for the benefit of the Parcels within the District,the costs of the Authorized Improvements, the indebtedness to be incurred for the Authorized Improvements, and the manner of assessing the property in the District for the costs of the Authorized Improvements. Pursuant to the PID Act,the 2024 Amended and Restated Service and Assessment Plan must be reviewed and updated annually. This document is the Annual Service Plan Update for 2025. The City Council also adopted an Assessment Roll identifying the Assessments on each Lot within Improvement Area #1 of the District, based on the method of assessment identified in the 2024 Amended and Restated Service and Assessment Plan. This 2025 Annual Service Plan Update also updates the Assessment Roll for 2025. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2025 SERVICE AND ASSESSMENT PLAN PARCEL SUBDIVISION Improvement Area #1 ■ The final plat of Whitecap North Padre Island Unit 113, attached here to as Exhibit C-1, was filed and recorded with the County on December 5, 2024, and consists of 64 residential Lots and 15 Lots of Non-Benefited property. ■ The final plat of Whitecap North Padre Island Unit 1C, attached here to as Exhibit C-2, was filed and recorded with the County on December 5, 2024, and consists of 16 residential Lots and 2 Lots of Non-Benefited property. ■ The final plat of Whitecap North Padre Island Unit 1D, attached here to as Exhibit C-3, was filed and recorded with the County on December 5, 2024, and consists of 27 residential Lots and 4 Lots of Non-Benefited property. ■ The final plat of Whitecap North Padre Island Unit 1E, attached here to as Exhibit C-4, was filed and recorded with the County on December 5, 2024, and consists of 69 residential Lots and 13 Lots of Non-Benefited property. See the anticipated Lot Type classification summary within Improvement Area #1 below: • • Lot Type 1 21 Lot Type 2 45 Lot Type 3 9 Lot Type 4 93 Lot Type 5 15 Lot Type 6 9 Lot Type 7 7 Total 199 See Exhibit D for the Lot Type classification map. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2 2025 SERVICE AND ASSESSMENT PLAN LOT AND HOME SALES Improvement Area #1 Per the Quarterly Report dated March 31, 2025, the lot ownership composition is provided below: • Developer Owned: o Lot Type 1: 21 Lots o Lot Type 2: 45 Lots o Lot Type 3: 9 Lots o Lot Type 4: 93 Lots o Lot Type 5: 15 Lots o Lot Type 6: 9 Lots o Lot Type 7: 7 Lots • Homebuilder Owned: o Lot Type 1: 0 Lots o Lot Type 2: 0 Lots o Lot Type 3: 0 Lots o Lot Type 4: 0 Lots o Lot Type 5: 0 Lots o Lot Type 6: 0 Lots o Lot Type 7: 0 Lots • End-User Owner: o Lot Type 1: 0 Lots o Lot Type 2: 0 Lots o Lot Type 3: 0 Lots o Lot Type 4: 0 Lots o Lot Type 5: 0 Lots o Lot Type 6: 0 Lots o Lot Type 7: 0 Lots See Exhibit E for the buyer disclosures. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 3 2025 SERVICE AND ASSESSMENT PLAN AUTHORIZED IMPROVEMENTS Improvement Area #1 Per the Developer, the Authorized Improvements listed in the 2024 Amended and Restated Service and Assessment Plan for Improvement Area #1 are currently under construction and projected to be completed in the third quarter of 2025. The budget for the Authorized Improvements remains unchanged as shown on the table below. ImprovementAuthorized Improvement orized Improvements Budget Spent to Date[a] Percent of Budget Forecast Spent Completion D. Improvement Area#1 Improvements Street $ 17,087,424.00 $ 12,560,994.71 73.51% July 2025 Drainage $ 1,655,010.00 $ 26,820.00 1.62% July 2025 Water $ 1,742,790.00 $ 1,177,742.48 67.58% July 2025 Wastewater $ 3,196,725.00 $ 2,171,763.00 67.94% July 2025 Soft Costs-IA#1 $ 3,436,250.00 $ 1,541,114.86 44.85% July 2025 Subtotal $ 27,118,199.00 $ 17,478,435.05 64.45% July 2025 Initial Common to All Improvements Preserve-CTA $ 544,018.00 $ - 0.00% July 2025 Soft Costs-CTA $ 200,769.00 $ 30,327.95 15.11% July 2025 Subtotal $ 744,787.00 $ 30,327.95 4.07% July 2025 Total IA#1 Improvements $ 27,862,986.00 $ 17,508,763.00 62.84% July 2025 Footnotes: [a]Amounts per Draw#2. Remainder Area Per the Developer, the Authorized Improvements listed in the 2024 Amended and Restated SAP for the Remainder Area are currently under construction and projected to be completed in the third quarter of 2025. The budget for the Authorized Improvements remains unchanged as shown on the table below. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2025 SERVICE AND ASSESSMENT PLAN ImprovementAuthorized Authorized Improvements Budget Spent . Datelal Percent of Budget Forecast Spent Completion D. Initial Common to All Improvements Preserve-CTA $ 1,765,982.00 $ 0.00% July 2025 Soft Costs-CTA $ 651,731.00 $ 98,450.05 15.11% July 2025 Subtotal $ 2,417,713.00 $ 98,450.05 4.07% July 2025 Total Remainder Area Improvements $ 2,417,713.00 $ 98,450.05 4.07% July 2025 Footnotes: [a]Amounts per Draw#2. OUTSTANDING ASSESSMENT J Improvement Area #1 Net of the principal bond payment due September 15, Improvement Area #1 has an outstanding Assessment of$22,088,000.00. ANNUAL INSTALLMENT DUE 1/31/2026 Improvement Area #1 ■ Principal and Interest — The total principal and interest required for the Annual Installment is $1,663,110.00. ■ Additional Interest—The total Additional Interest Reserve Requirement,as defined in the Indenture, is equal to $1,214,840.00 and has not been met. As such, the Additional Interest Account will be funded with Additional Interest on the outstanding Assessments, resulting in an Additional Interest amount due of$110,440.00. ■ Annual Collection Costs—The cost of administering the District and collecting the Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The total Annual Collection Costs budgeted for the Annual Installment is$43,452.33. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 5 2025 SERVICE AND ASSESSMENT PLAN White • PID-IA#1-Annual Collection Costs • • P3Works Administration $ 31,212.00 City Auditor 1,000.00 Filing Fees 1,000.00 County Collection 1,000.00 PID Trustee Fees 4,500.00 Draw Request Review 3,800.00 P3Works Dev/Issuer CDA Review* 3,500.00 Collection Cost Maintenance Balance 10,000.00 Less CCMB Credit from Prior Years (14,059.67) Arbitrage Calculation 1,500.00 Total Annual Collection Costs $ 43,452.33 improvement Area#1 Annual Installment Principal $ 278,000.00 Interest 1,385,110.00 Additional Interest 110,440.00 Annual Collection Costs 43,452.33 Total Annual Installment 1,817,002.33 See the limited offering memorandum for the pay period. See Exhibit B for the debt service schedule for the Improvement Area #1 Bonds as shown in the limited offering memorandum. PREPAYMENT OF ASSESSMENTS IN FULL No full prepayments of Assessments have occurred within the District. PARTIAL PREPAYMENT OF ASSESSMENTS No partial prepayments of Assessments have occurred within the District. EXTRAORDINARY OPTIONAL REDEMPTIONS No Extraordinary Optional Redemptions have occurred within the District/Improvement Area. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2025 SERVICE AND ASSESSMENT PLAN SERVICE PLAN — FIVE YEAR BUDGET FORECAST The PID Act requires the annual indebtedness and projected costs for the Authorized Improvements to be reviewed and updated in the Annual Service Plan Update,and the projection shall cover a period of not less than five years. Annual Installment Due Improvement Area#1 Improvement Area#1 Bonds Principal $ 278,000.00 $ 294,000.00 $ 312,000.00 $ 329,000.00 $ 349,000.00 Interest $ 1,385,110.00 $ 1,370,167.50 $ 1,354,365.00 $ 1,337,595.00 $ 1,319,911.26 (1) $ 1,663,110.00 $ 1,664,167.50 $ 1,666,365.00 $ 1,666,595.00 $ 1,668,911.26 Additional Interest (2) $ 110,440.00 $ 109,050.00 $ 107,580.00 $ 106,020.00 $ 104,375.00 Annual Collection Costs (3) $ 43,452.33 $ 46,932.24 $ 47,870.88 $ 48,828.30 $ 49,804.87 Total Annual Installment (4)=(1)+(2)+(3) $ 1,817,002.33 $ 1,82%149.74 $ 1,821,815.88 $ IJ21,443.30 $ IJ23,091.13 ASSESSMENT ROLL The list of current Parcels or Lots within the District, the corresponding total Assessments, and current Annual Installment are shown on the Assessment Roll attached hereto as Exhibit A-1. A representative version of a future assessment roll for Unit 1A of Improvement Area #1 broken out on a per Lot basis by legal description based on the preliminary plat filed by the owner, see Exhibit A-2. The Parcels or Lots shown on the Assessment Roll will receive the bills for the 2025 Annual Installments which will be delinquent if not paid by January 31, 2026. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 7 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT A-1 - IMPROVEMENT AREA #1 ASSESSMENT ROLL Property 571269 Improvement Area#1 Initial Parcel $ 2,980,004.65 $ 245,141.04 619770 Non-Benefited $ - $ - 619771 Lot Type 2 $ 87,344.96 $ 7,185.17 619772 Lot Type 2 $ 87,344.96 $ 7,185.17 619773 Lot Type 2 $ 87,344.96 $ 7,185.17 619774 Lot Type 2 $ 87,344.96 $ 7,185.17 619775 Lot Type 2 $ 87,344.96 $ 7,185.17 619776 Lot Type 2 $ 87,344.96 $ 7,185.17 619777 Lot Type 2 $ 87,344.96 $ 7,185.17 619778 Lot Type 2 $ 87,344.96 $ 7,185.17 619779 Lot Type 2 $ 87,344.96 $ 7,185.17 619780 Lot Type 2 $ 87,344.96 $ 7,185.17 619781 Lot Type 2 $ 87,344.96 $ 7,185.17 619782 Lot Type 2 $ 87,344.96 $ 7,185.17 619783 Lot Type 2 $ 87,344.96 $ 7,185.17 619784 Lot Type 2 $ 87,344.96 $ 7,185.17 619785 Lot Type 2 $ 87,344.96 $ 7,185.17 619786 Lot Type 2 $ 87,344.96 $ 7,185.17 619787 Lot Type 2 $ 87,344.96 $ 7,185.17 619788 Lot Type 2 $ 87,344.96 $ 7,185.17 619789 Non-Benefited $ - $ - 619790 Lot Type 2 $ 87,344.96 $ 7,185.17 619791 Lot Type 2 $ 87,344.96 $ 7,185.17 619792 Lot Type 2 $ 87,344.96 $ 7,185.17 619793 Lot Type 2 $ 87,344.96 $ 7,185.17 619794 Lot Type 2 $ 87,344.96 $ 7,185.17 619795 Lot Type 2 $ 87,344.96 $ 7,185.17 619796 Lot Type 2 $ 87,344.96 $ 7,185.17 619797 Lot Type 2 $ 87,344.96 $ 7,185.17 619798 Lot Type 2 $ 87,344.96 $ 7,185.17 619799 Lot Type 2 $ 87,344.96 $ 7,185.17 619800 Lot Type 2 $ 87,344.96 $ 7,185.17 619801 Non-Benefited $ - $ - 619802 Lot Type 2 $ 87,344.96 $ 7,185.17 619803 Lot Type 2 $ 87,344.96 $ 7,185.17 619804 Lot Type 2 $ 87,344.96 $ 7,185.17 619805 Lot Type 2 $ 87,344.96 $ 7,185.17 619806 Lot Type 2 $ 87,344.96 $ 7,185.17 619807 Lot Type 2 $ 87,344.96 $ 7,185.17 619808 Lot Type 2 1 $ 87,344.96 $ 7,185.17 Footnotes: [a]The Assessment and Annual Installment allocable to the unplatted portion of Improvement Area#1 have been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan.Property IDs per Nueces Central Appraisal District and subject to change prior to billing. [b]For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per preliminary plat for Unit 1A submitted by the Owner,Exhibit A-2..Note,Property ID numbers will be added when assigned by Nueces County. [c]Totals may not add due to rounding. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 $ 2025 SERVICE AND ASSESSMENT PLAN Property 619809 Lot Type 2 $ 87,344.96 $ 7,185.17 619810 Lot Type 2 $ 87,344.96 $ 7,185.17 619811 Lot Type 2 $ 87,344.96 $ 7,185.17 619812 Lot Type 2 $ 87,344.96 $ 7,185.17 619813 Lot Type 2 $ 87,344.96 $ 7,185.17 619814 Lot Type 2 $ 87,344.96 $ 7,185.17 619815 Lot Type 2 $ 87,344.96 $ 7,185.17 619817 Non-Benefited $ - $ - 619818 Lot Type 1 $ 72,787.47 $ 5,987.64 619819 Lot Type 1 $ 72,787.47 $ 5,987.64 619820 Lot Type 1 $ 72,787.47 $ 5,987.64 619821 Lot Type 1 $ 72,787.47 $ 5,987.64 619822 Lot Type 1 $ 72,787.47 $ 5,987.64 619823 Lot Type 1 $ 72,787.47 $ 5,987.64 619824 Lot Type 1 $ 72,787.47 $ 5,987.64 619825 Lot Type 1 $ 72,787.47 $ 5,987.64 619826 Lot Type 1 $ 72,787.47 $ 5,987.64 619828 Non-Benefited $ - $ - 619829 Lot Type 1 $ 72,787.47 $ 5,987.64 619830 Lot Type 1 $ 72,787.47 $ 5,987.64 619831 Lot Type 1 $ 72,787.47 $ 5,987.64 619832 Lot Type 1 $ 72,787.47 $ 5,987.64 619833 Non-Benefited $ - $ - 619834 Lot Type 1 $ 72,787.47 $ 5,987.64 619835 Lot Type 1 $ 72,787.47 $ 5,987.64 619836 Lot Type 1 $ 72,787.47 $ 5,987.64 619837 Lot Type 1 $ 72,787.47 $ 5,987.64 619838 Non-Benefited $ - $ - 619839 Non-Benefited $ - $ - 619840 Lot Type 1 $ 72,787.47 $ 5,987.64 619841 Lot Type 1 $ 72,787.47 $ 5,987.64 619842 Lot Type 1 $ 72,787.47 $ 5,987.64 619843 Lot Type 1 $ 72,787.47 $ 5,987.64 619844 Non-Benefited $ - $ - 619845 Non-Benefited $ $ 619846 Non-Benefited $ $ 619847 Non-Benefited $ $ 619848 Non-Benefited $ $ 619849 Non-Benefited $ $ 619850 Non-Benefited $ $ Footnotes: [a]The Assessment and Annual Installment allocable to the unplatted portion of Improvement Area#1 have been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan.Property IDs per Nueces Central Appraisal District and subject to change prior to billing. [b] For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per preliminary plat for Unit 1A submitted by the Owner,Exhibit A-2..Note,Property ID numbers will be added when assigned by Nueces County. [c]Totals may not add due to rounding. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 9 2025 SERVICE AND ASSESSMENT PLAN Jal Annual Installment due Property I D MLotTypelp Outstanding Assessment 1/31/2026"' 619859 Lot Type 5 $ 128,448.48 $ 10,566.42 619860 Lot Type 5 $ 128,448.48 $ 10,566.42 619861 Lot Type 5 $ 128,448.48 $ 10,566.42 619862 Lot Type 5 $ 128,448.48 $ 10,566.42 619863 Lot Type 5 $ 128,448.48 $ 10,566.42 619864 Lot Type 3 $ 98,477.17 $ 8,100.93 619865 Lot Type 3 $ 98,477.17 $ 8,100.93 619866 Lot Type 3 $ 98,477.17 $ 8,100.93 619867 Lot Type 3 $ 98,477.17 $ 8,100.93 619868 Lot Type 5 $ 128,448.48 $ 10,566.42 619869 Lot Type 5 $ 128,448.48 $ 10,566.42 619870 Lot Type 3 $ 98,477.17 $ 8,100.93 619871 Lot Type 3 $ 98,477.17 $ 8,100.93 619872 Lot Type 3 $ 98,477.17 $ 8,100.93 619873 Lot Type 3 $ 98,477.17 $ 8,100.93 619874 Lot Type 3 $ 98,477.17 $ 8,100.93 619875 Non-Benefited $ - $ - 619876 Non-Benefited $ - $ - 619881 Lot Type 4 $ 118,172.60 $ 9,721.11 619882 Lot Type 4 $ 118,172.60 $ 9,721.11 619883 Lot Type 4 $ 118,172.60 $ 9,721.11 619884 Lot Type 4 $ 118,172.60 $ 9,721.11 619885 Non-Benefited $ - $ - 619887 Non-Benefited $ - $ - 619888 Lot Type 4 $ 118,172.60 $ 9,721.11 619889 Lot Type 4 $ 118,172.60 $ 9,721.11 619890 Lot Type 4 $ 118,172.60 $ 9,721.11 619891 Lot Type 4 $ 118,172.60 $ 9,721.11 619892 Lot Type 4 $ 118,172.60 $ 9,721.11 619893 Lot Type 4 $ 118,172.60 $ 9,721.11 619894 Lot Type 4 $ 118,172.60 $ 9,721.11 619895 Lot Type 4 $ 118,172.60 $ 9,721.11 619896 Lot Type 6 $ 154,138.17 $ 12,679.71 619897 Lot Type 6 $ 154,138.17 $ 12,679.71 619898 Lot Type 6 $ 154,138.17 $ 12,679.71 619899 Lot Type 6 $ 154,138.17 $ 12,679.71 619900 Lot Type 6 $ 154,138.17 $ 12,679.71 619901 Lot Type 7 $ 205,517.56 $ 16,906.28 619902 Lot Type 5 $ 128,448.48 $ 10,566.42 619903 Lot Type 5 $ 128,448.48 $ 10,566.42 Footnotes: [a]The Assessment and Annual Installment allocable to the unplatted portion of Improvement Area#1 have been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan.Property IDs per Nueces Central Appraisal District and subject to change prior to billing. [b] For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per preliminary plat for Unit 1A submitted by the Owner,Exhibit A-2..Note,Property ID numbers will be added when assigned by Nueces County. [c]Totals may not add due to rounding. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 10 2025 SERVICE AND ASSESSMENT PLAN Property 619904 Lot Type 5 $ 128,448.48 $ 10,566.42 619905 Lot Type 5 $ 128,448.48 $ 10,566.42 619906 Lot Type 5 $ 128,448.48 $ 10,566.42 619907 Lot Type 5 $ 128,448.48 $ 10,566.42 619908 Lot Type 5 $ 128,448.48 $ 10,566.42 619909 Lot Type 5 $ 128,448.48 $ 10,566.42 619910 Non-Benefited $ - $ - 619911 Lot Type 4 $ 118,172.60 $ 9,721.11 619912 Non-Benefited $ - $ - 619918 Non-Benefited $ - $ - 619919 Lot Type 4 $ 118,172.60 $ 9,721.11 619920 Lot Type 4 $ 118,172.60 $ 9,721.11 619921 Lot Type 4 $ 118,172.60 $ 9,721.11 619922 Lot Type 4 $ 118,172.60 $ 9,721.11 619923 Lot Type 4 $ 118,172.60 $ 9,721.11 619924 Lot Type 4 $ 118,172.60 $ 9,721.11 619925 Lot Type 4 $ 118,172.60 $ 9,721.11 619926 Lot Type 4 $ 118,172.60 $ 9,721.11 619927 Lot Type 4 $ 118,172.60 $ 9,721.11 619928 Lot Type 4 $ 118,172.60 $ 9,721.11 619929 Non-Benefited $ - $ - 619930 Lot Type 4 $ 118,172.60 $ 9,721.11 619931 Lot Type 4 $ 118,172.60 $ 9,721.11 619932 Lot Type 4 $ 118,172.60 $ 9,721.11 619933 Lot Type 4 $ 118,172.60 $ 9,721.11 619934 Lot Type 4 $ 118,172.60 $ 9,721.11 619935 Lot Type 4 $ 118,172.60 $ 9,721.11 619936 Lot Type 4 $ 118,172.60 $ 9,721.11 619937 Lot Type 4 $ 118,172.60 $ 9,721.11 619938 Non-Benefited $ - $ - 619939 Lot Type 4 $ 118,172.60 $ 9,721.11 619940 Lot Type 4 $ 118,172.60 $ 9,721.11 619941 Lot Type 4 $ 118,172.60 $ 9,721.11 619942 Lot Type 4 $ 118,172.60 $ 9,721.11 619943 Lot Type 6 $ 154,138.17 $ 12,679.71 619944 Lot Type 6 $ 154,138.17 $ 12,679.71 619945 Lot Type 4 $ 118,172.60 $ 9,721.11 619946 Lot Type 4 $ 118,172.60 $ 9,721.11 619947 Non-Benefited $ - $ - 619948 Lot Type 4 $ 118,172.60 $ 9,721.11 Footnotes: [a]The Assessment and Annual Installment allocable to the unplatted portion of Improvement Area#1 have been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan.Property IDs per Nueces Central Appraisal District and subject to change prior to billing. [b] For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per preliminary plat for Unit 1A submitted by the Owner,Exhibit A-2..Note,Property ID numbers will be added when assigned by Nueces County. [c]Totals may not add due to rounding. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 11 2025 SERVICE AND ASSESSMENT PLAN Property 619949 Lot Type 4 $ 118,172.60 $ 9,721.11 619950 Lot Type 4 $ 118,172.60 $ 9,721.11 619951 Lot Type 4 $ 118,172.60 $ 9,721.11 619952 Lot Type 4 $ 118,172.60 $ 9,721.11 619953 Lot Type 4 $ 118,172.60 $ 9,721.11 619954 Lot Type 4 $ 118,172.60 $ 9,721.11 619955 Lot Type 4 $ 118,172.60 $ 9,721.11 619956 Lot Type 4 $ 118,172.60 $ 9,721.11 619957 Lot Type 4 $ 118,172.60 $ 9,721.11 619958 Non-Benefited $ - $ - 619959 Lot Type 4 $ 118,172.60 $ 9,721.11 619960 Lot Type 4 $ 118,172.60 $ 9,721.11 619961 Lot Type 4 $ 118,172.60 $ 9,721.11 619962 Lot Type 4 $ 118,172.60 $ 9,721.11 619963 Lot Type 4 $ 118,172.60 $ 9,721.11 619964 Lot Type 4 $ 118,172.60 $ 9,721.11 619965 Lot Type 4 $ 118,172.60 $ 9,721.11 619966 Lot Type 4 $ 118,172.60 $ 9,721.11 619967 Lot Type 4 $ 118,172.60 $ 9,721.11 619968 Lot Type 4 $ 118,172.60 $ 9,721.11 619969 Lot Type 6 $ 154,138.17 $ 12,679.71 619970 Lot Type 7 $ 205,517.56 $ 16,906.28 619971 Lot Type 7 $ 205,517.56 $ 16,906.28 619972 Lot Type 7 $ 205,517.56 $ 16,906.28 619973 Lot Type 6 $ 154,138.17 $ 12,679.71 619974 Lot Type 4 $ 118,172.60 $ 9,721.11 619975 Lot Type 4 $ 118,172.60 $ 9,721.11 619976 Lot Type 4 $ 118,172.60 $ 9,721.11 619977 Lot Type 4 $ 118,172.60 $ 9,721.11 619978 Lot Type 4 $ 118,172.60 $ 9,721.11 619979 Lot Type 4 $ 118,172.60 $ 9,721.11 619980 Lot Type 4 $ 118,172.60 $ 9,721.11 619981 Lot Type 4 $ 118,172.60 $ 9,721.11 619982 Non-Benefited $ - $ - 619983 Non-Benefited $ - $ - 619984 Lot Type 4 $ 118,172.60 $ 9,721.11 619985 Lot Type 4 $ 118,172.60 $ 9,721.11 619986 Non-Benefited $ - $ - 619987 Lot Type 2 $ 87,344.96 $ 7,185.17 619988 Lot Type 2 $ 87,344.96 $ 7,185.17 Footnotes: [a]The Assessment and Annual Installment allocable to the unplatted portion of Improvement Area#1 have been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan.Property IDs per Nueces Central Appraisal District and subject to change prior to billing. [b] For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per preliminary plat for Unit 1A submitted by the Owner,Exhibit A-2..Note,Property ID numbers will be added when assigned by Nueces County. [c]Totals may not add due to rounding. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 12 2025 SERVICE AND ASSESSMENT PLAN Property . Outstanding • 619989 Non-Benefited $ - $ - 619990 Lot Type 4 $ 118,172.60 $ 9,721.11 619991 Lot Type 4 $ 118,172.60 $ 9,721.11 619992 Lot Type 4 $ 118,172.60 $ 9,721.11 619993 Non-Benefited $ - $ - 619994 Non-Benefited $ - $ - 619995 Lot Type 4 $ 118,172.60 $ 9,721.11 619996 Lot Type 4 $ 118,172.60 $ 9,721.11 619997 Lot Type 4 $ 118,172.60 $ 9,721.11 621378 Non-Benefited $ - $ - 621453 Non-Benefited $ - $ - 621454 Non-Benefited $ - $ - 621455 Non-Benefited $ - $ - 622590 Non-Benefited $ - $ - 622591 Non-Benefited $ - $Total[`' $ 22,088,000.00 $ 1,817,002,34 Footnotes: [a]The Assessment and Annual Installment allocable to the unplatted portion of Improvement Area#1 have been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI of this Service and Assessment Plan.Property IDs per Nueces Central Appraisal District and subject to change prior to billing. [b]For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per preliminary plat for Unit 1A submitted by the Owner,Exhibit A-2.. Note,Property ID numbers will be added when assigned by Nueces County. [c]Totals may not add due to rounding. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 13 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT A-2 - FUTURE UNIT 1A ASSESSMENT ROLL BY LEGAL DESCRIPTION _T Total Annual Installment Due TBD 1A 1 2 Non-Benefited $ - $ - TBD 1A 1 3 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 4 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 5 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 6 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 7 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 8 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 9 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 10 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 11 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 12 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 13 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 14 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 15 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 16 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 17 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 18 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 19 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 20 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 21 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 22 Lot Type 4 $ 118,172.60 $ 9,721.11 TBD 1A 1 23 Lot Type 7 $ 205,517.56 $ 16,906.28 TBD 1A 1 24 Lot Type 7 $ 205,517.56 $ 16,906.28 TBD 1A 1 25 Lot Type 7 $ 205,517.56 $ 16,906.28 TBD 1A 1 26 Non-Benefited $ - $ - TBD 1A 1 27 Non-Benefited $ $ Total $ 2,980,004.65 $ 245,141.04 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 14 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT B - IMPROVEMENT AREA #1 BONDS DEBT SERVICE SCHEDULE DEBT SER\ICE REQtM\lE\TS The followarm table sets forth the debt sen-ice regmrements for the Bonds: Year Ending (September 30) PrinciR Interest law 2025 S 536,000.00 S 1237,180.00 S 1.773.180.00 2026 278,000.00 1,385,110.00 1.663.110.00 ?027 294,000.00 1,370,167.50 1.664.167.50 2028 312.000.00 1,354365.00 1.666.365.00 ?029 329,000.00 1,337,595.00 1.666.595.00 2030 349,000.00 1.319.911.26 1.668.911.26 Ml 370.000.00 1.301.152.50 1.671.152.50 2032 391000.00 1.281 265.00 1.673 265.00 2033 417.000.00 1.257 255.00 1.674 255.00 2034 446,000.00 1,231,713.76 1.677.713.76 2035 475,000.00 1.204396.26 1.679.396.26 2036 506.000.W 1.175302.50 1.681.302.50 2037 540.000.00 1.144310.00 1.684.310.00 2038 575,000.00 1.111235.00 1.686.235.00 2039 614,000.00 1.076.016.26 1.690.016.26 2040 655.000.00 1.038.408.76 1.693.408.76 2041 697,000.00 998.290.00 1.695.290.00 2042 744.000.00 955.598.76 1.699.598.76 2043 793.000.00 910.028.76 1.703.028.76 2044 846,000.00 861.457.50 1.707.457.50 2045 901.000.00 809.640.00 1.710.640.00 2046 965,000.00 751.075.00 1.716.075.00 2047 1,032,000.00 688.350.00 1.720.350.00 2048 1,105,000.00 621270.00 1.726 270.00 2049 1.182.000.00 549.445.00 1.731.445.00 2050 1,265,000.00 472.615.00 1,737,615.00 2051 1.353,000.W 390390.00 1.743.390.00 2052 1,447,000.00 302.445.00 1.749.445.00 2053 1,549,000.00 208390.00 1,757,390.00 2054 1.657.000 00 107.705.00 1.764.705.00 Total S'_1.61_4.000.40 S'_8.451_.083.82 S-1.076.0831M THE REMALVDER OF THIS PAGE IS LEFT BLANK IN7EIIIIONALLY. WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 15 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT C-1—UNIT 1B FINAL PLAT vollo P1,ft jlat or W H I T E C A P =-lzv4t4-- NORTH PADRE ISLAND Unit 1B Page lf2 !rMgX& . 9 —rw 11). 1— 4 ui O A wirmawzwax- -,;w tp A D� � ?1— lJA NO A lld*ll WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 16 2025 SERVICE AND ASSESSMENT PLAN it CURVE DATA r 6 I RE 0 a Ras C 5 UN 11 1.36 .1.1 1 HE Ila- I I A W, "M M 341;1-1114-9 9t 11 7 L 'T" Tsw M�7 WAIERMONT LOTS lyp.INL�� 4 IV.BULDING UNES LWS Plat of NOTES(c.,W�) WHITECAP +1 ff TE 1. MWI NORTH PADRE ISLAND 4- 111AT11 Unit 1B P.gc f, "I'l I T 1.1 aa 41 44 ZA'Af .UAEN(NNZR1N,G 10 souTH 168.60' 0, Al i D w iw —m, 300 17 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT C-2-UNIT 1C FINAL PLAT All NOTES III P]at of W H I T E C A P bay tz" NORTH PADRE ISLAND Unit 1C P.gc 1 d 2 .1 wDo Asll.c.c- z,. I&Et 96..rx.xws.µo aAn(mar 11 A—1. 2).A 74— 3). A1.111, T- 4T axaN c—-Ac— UAENGINEERI G T-1 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 is 2025 SERVICE AND ASSESSMENT PLAN i v,�.elo pf�•y90 NOTE$(CDntinuW) \ [i L I HE DATA V23 IIFAS C D X V E DATA WV 21111, Eli sam I® s.'"'oyf'�&ia'""`"°Tao.• �._� \ q'M/r ,�'0.�0•. v uiRv i ulA. •• \1 c "• `.NwziE b, rti a, _—___ I M t l 21F--------------- ----------- galBULDW s, a' tom. ii ' --------- awA° Plal of ! ` �'::•,�� W H I T E C A P , tt tDa'o° /r\ NORTH PADRE ISLAND � I� .o rzUe ENGINEERING :A Unit IC x Pqc 2 of 2 a w 1oD xm Aad WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 19 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT C-3—UNIT 1D FINAL PLAT VA IV Plat of WHITECAP NORTH PADRE I S L A N D M—K 11 Unit ID Xx= A Log. '=AM•=&m�M ter.Ims'iA V M 'r—, - AA v, •- I== 2—) 1m.4 ueo �=C".T.. T. AOR —�c =d �WA ENGINEERING WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 20 2025 SERVICE AND ASSESSMENT PLAN Vol*0 C U R V E DATA NOTES CORNnw 1 .J� O -M ,A 4s aM >00 �FH .PRE I^.s R DOR USI c RIST IA .r xIr I Isis C<;�\ 'St I `�' i ^�\ •. Q I 9. 11—ITT al R I 'I LOTS t/raS it , � o u -----_ ". _ I _ ..y.._R)� � oA., s•pwsmr us CE /J .�._____ � �i� 1 11 i,. Plat of 5, LJA W H I T E CAP e EJAENdNEEWNO %/ .�� � Z •,•� P Ems, NORTH PADRE ISLAND TMTFItfIiOM L015 IYP.EARIDINC LING Unit 1D . w m WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 21 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT C-4-UNIT 1E FINAL PLAT ago FQ405- 7 NOTES Plat of W H I T E C A P iNORTH PADRE ISLAND Unit 1E Ng,1 of 2 "Z ll1 2.A 1- WIL "a A LX-- ----------- ml 2o" GINE k4 a WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 22 2025 SERVICE AND ASSESSMENT PLAN vy fly 4 vp Plat of wm(C.Am.4 I W H I T E C A P r pigto i 7- NORTH PADRE ISLAND /--:7Unit hp2oO 0"C", i-6— 1.0 NINNNN TF PAI 11 RR bM C I,111 T A 1 8- C U It V E D A T A -N, NEW aw I. 75- M., :9 IN, -1. 111 IN P:0C 3t N- 7OVNF LJA ENGWRONG Em,wORN,C SONG WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 23 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT D-LOT TYPE CLASSIFICATION MAP �4'tM Phase 1 Site visualization sro µ •� W H I T E C,A P REVISED 24-04-08 i 7 / no ' {i � ri 016M1bM1r 011tri 9 0•i a • ��" ?r1 $�� y k 4•I' O `�, f 1 •h1 , 1p -w �O f0i set •4 f _ _ _ _ it war � Y•6w� °o�• � � ,� �S6 p • I w ti p , J rw - - °s ti ��$$aa 90490 a� Ysq�" 3 F use Development �� �I� {• Future Develo m'ent WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 24 2025 SERVICE AND ASSESSMENT PLAN EXHIBIT E - BUYER DISCLOSURES Forms of the buyer disclosures for the following Lot Types are found in this appendix: Improvement Area #1 ■ Initial Parcel ■ Lot Type 1 ■ Lot Type 2 ■ Lot Type 3 ■ Lot Type 4 ■ Lot Type 5 ■ Lot Type 6 ■ Lot Type 7 [Remainder of page left intentionally blank.] WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2025 SERVICE AND ASSESSMENT PLAN 2 WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 INITIAL PARCEL BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 INITIAL PARCEL PRINCIPAL ASSESSMENT: $2,980,004.65 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS- IMPROVEMENT AREA#1 INITIAL PARCEL AdditionalInstallment [a] Due 1/31 Principal Interest Interest Costs Installments[b] 2026 $ 37,506 $ 186,872 $ 14,900 $ 5,862 $ 245,141 2027 $ 39,665 $ 184,856 $ 14,712 $ 6,332 $ 245,566 2028 $ 42,094 $ 182,724 $ 14,514 $ 6,459 $ 245,790 2029 $ 44,387 $ 180,462 $ 14,304 $ 6,588 $ 245,740 2030 $ 47,085 $ 178,076 $ 14,082 $ 6,719 $ 245,963 2031 $ 49,919 $ 175,545 $ 13,846 $ 6,854 $ 246,164 2032 $ 52,887 $ 172,862 $ 13,597 $ 6,991 $ 246,336 2033 $ 56,260 $ 169,623 $ 13,332 $ 7,131 $ 246,345 2034 $ 60,172 $ 166,177 $ 13,051 $ 7,273 $ 246,673 2035 $ 64,085 $ 162,491 $ 12,750 $ 7,419 $ 246,745 2036 $ 68,267 $ 158,566 $ 12,430 $ 7,567 $ 246,830 2037 $ 72,854 $ 154,385 $ 12,088 $ 7,719 $ 247,046 2038 $ 77,576 $ 149,922 $ 11,724 $ 7,873 $ 247,096 2039 $ 82,838 $ 145,171 $ 11,336 $ 8,030 $ 247,375 2040 $ 88,369 $ 140,097 $ 10,922 $ 8,191 $ 247,579 2041 $ 94,036 $ 134,684 $ 10,480 $ 8,355 $ 247,555 2042 $ 100,377 $ 128,925 $ 10,010 $ 8,522 $ 247,833 2043 $ 106,988 $ 122,777 $ 9,508 $ 8,692 $ 247,965 2044 $ 114,138 $ 116,224 $ 8,973 $ 8,866 $ 248,201 2045 $ 121,559 $ 109,233 $ 8,403 $ 9,043 $ 248,237 2046 $ 130,193 $ 101,331 $ 7,795 $ 9,224 $ 248,543 2047 $ 139,232 $ 92,869 $ 7,144 $ 9,409 $ 248,654 2048 $ 149,081 $ 83,819 $ 6,448 $ 9,597 $ 248,944 2049 $ 159,470 $ 74,128 $ 5,702 $ 9,789 $ 249,089 2050 $ 170,668 $ 63,763 $ 4,905 $ 9,985 $ 249,320 2051 $ 182,540 $ 52,670 $ 4,052 $ 10,184 $ 249,446 2052 $ 195,222 $ 40,804 $ 3,139 $ 10,388 $ 249,553 2053 $ 208,983 $ 28,115 $ 2,163 $ 10,596 $ 249,857 2054 $ 223,554 $ 14,531 $ 1,118 $ 10,808 $ 250,011 Total $ 2,980,005 $ 3,671,701 $ 287,427 $ 240,466 $ 7,179,599 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.500%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 1 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 1 PRINCIPAL ASSESSMENT: $72,787.47 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS- IMPROVEMENT AREA#1 LOT TYPE 1 AdditionalInstallment Due 1/31 Princi Interest Costs _.,EL Installments[b] 2026 $ 916.10 $ 4,564.41 $ 363.94 $ 143.19 $ 5,987.64 2027 $ 968.83 $ 4,515.17 $ 359.36 $ 154.66 $ 5,998.01 2028 $ 1,028.15 $ 4,463.09 $ 354.51 $ 157.75 $ 6,003.50 2029 $ 1,084.17 $ 4,407.83 $ 349.37 $ 160.91 $ 6,002.27 2030 $ 1,150.07 $ 4,349.56 $ 343.95 $ 164.12 $ 6,007.71 2031 $ 1,219.28 $ 4,287.74 $ 338.20 $ 167.41 $ 6,012.62 2032 $ 1,291.77 $ 4,222.20 $ 332.10 $ 170.75 $ 6,016.84 2033 $ 1,374.16 $ 4,143.08 $ 325.65 $ 174.17 $ 6,017.05 2034 $ 1,469.72 $ 4,058.92 $ 318.77 $ 177.65 $ 6,025.07 2035 $ 1,565.29 $ 3,968.90 $ 311.43 $ 181.21 $ 6,026.81 2036 $ 1,667.44 $ 3,873.02 $ 303.60 $ 184.83 $ 6,028.89 2037 $ 1,779.48 $ 3,770.89 $ 295.26 $ 188.53 $ 6,034.16 2038 $ 1,894.82 $ 3,661.90 $ 286.37 $ 192.30 $ 6,035.38 2039 $ 2,023.34 $ 3,545.84 $ 276.89 $ 196.14 $ 6,042.21 2040 $ 2,158.45 $ 3,421.91 $ 266.77 $ 200.07 $ 6,047.20 2041 $ 2,296.85 $ 3,289.70 $ 255.98 $ 204.07 $ 6,046.61 2042 $ 2,451.73 $ 3,149.02 $ 244.50 $ 208.15 $ 6,053.40 2043 $ 2,613.20 $ 2,998.85 $ 232.24 $ 212.31 $ 6,056.61 2044 $ 2,787.86 $ 2,838.80 $ 219.17 $ 216.56 $ 6,062.38 2045 $ 2,969.10 $ 2,668.04 $ 205.23 $ 220.89 $ 6,063.26 2046 $ 3,180.00 $ 2,475.05 $ 190.39 $ 225.31 $ 6,070.75 2047 $ 3,400.79 $ 2,268.35 $ 174.49 $ 229.81 $ 6,073.44 2048 $ 3,641.35 $ 2,047.30 $ 157.48 $ 234.41 $ 6,080.54 2049 $ 3,895.09 $ 1,810.61 $ 139.28 $ 239.10 $ 6,084.08 2050 $ 4,168.61 $ 1,557.43 $ 119.80 $ 243.88 $ 6,089.71 2051 $ 4,458.60 $ 1,286.47 $ 98.96 $ 248.76 $ 6,092.78 2052 $ 4,768.36 $ 996.66 $ 76.67 $ 253.73 $ 6,095.41 2053 $ 5,104.48 $ 686.72 $ 52.82 $ 258.81 $ 6,102.83 2054 $ 5,460.38 $ 354.92 $ 27.30 $ 263.98 $ 6,106.59 Total $ 72,787.47 $ 89,682.36 $ 7,020.49 $ 5,873.44 $ 175,363.77 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 2 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller;.to or from a governmental entity; or 8) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 2 PRINCIPAL ASSESSMENT: $87,344.96 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS- IMPROVEMENT AREA#1 LOT TYPE 2 AdditionalInstallment Due 1/31 Principal Interest Costsm" Installments[b] 2026 $ 1,099.33 $ 5,477.29 $ 436.72 $ 171.83 $ 7,185.17 2027 $ 1,162.60 $ 5,418.20 $ 431.23 $ 185.59 $ 7,197.61 2028 $ 1,233.78 $ 5,355.71 $ 425.42 $ 189.30 $ 7,204.20 2029 $ 1,301.00 $ 5,289.40 $ 419.25 $ 193.09 $ 7,202.73 2030 $ 1,380.09 $ 5,219.47 $ 412.74 $ 196.95 $ 7,209.25 2031 $ 1,463.13 $ 5,145.29 $ 405.84 $ 200.89 $ 7,215.15 2032 $ 1,550.13 $ 5,066.64 $ 398.53 $ 204.91 $ 7,220.20 2033 $ 1,648.99 $ 4,971.70 $ 390.77 $ 209.00 $ 7,220.47 2034 $ 1,763.67 $ 4,870.70 $ 382.53 $ 213.18 $ 7,230.08 2035 $ 1,878.34 $ 4,762.67 $ 373.71 $ 217.45 $ 7,232.18 2036 $ 2,000.93 $ 4,647.63 $ 364.32 $ 221.80 $ 7,234.67 2037 $ 2,135.38 $ 4,525.07 $ 354.31 $ 226.23 $ 7,241.00 2038 $ 2,273.78 $ 4,394.28 $ 343.64 $ 230.76 $ 7,242.46 2039 $ 2,428.01 $ 4,255.01 $ 332.27 $ 235.37 $ 7,250.65 2040 $ 2,590.14 $ 4,106.29 $ 320.13 $ 240.08 $ 7,256.64 2041 $ 2,756.22 $ 3,947.65 $ 307.18 $ 244.88 $ 7,255.93 2042 $ 2,942.08 $ 3,778.83 $ 293.40 $ 249.78 $ 7,264.08 2043 $ 3,135.85 $ 3,598.63 $ 278.69 $ 254.77 $ 7,267.93 2044 $ 3,345.43 $ 3,406.55 $ 263.01 $ 259.87 $ 7,274.86 2045 $ 3,562.92 $ 3,201.65 $ 246.28 $ 265.07 $ 7,275.92 2046 $ 3,816.00 $ 2,970.06 $ 228.47 $ 270.37 $ 7,284.90 2047 $ 4,080.95 $ 2,722.02 $ 209.39 $ 275.78 $ 7,288.13 2048 $ 4,369.62 $ 2,456.76 $ 188.98 $ 281.29 $ 7,296.65 2049 $ 4,674.11 $ 2,172.73 $ 167.13 $ 286.92 $ 7,300.89 2050 $ 5,002.33 $ 1,868.91 $ 143.76 $ 292.66 $ 7,307.66 2051 $ 5,350.31 $ 1,543.76 $ 118.75 $ 298.51 $ 7,311.33 2052 $ 5,722.03 $ 1,195.99 $ 92.00 $ 304.48 $ 7,314.50 2053 $ 6,125.38 $ 824.06 $ 63.39 $ 310.57 $ 7,323.39 2054 $ 6,552.45 $ 425.91 $ 32.76 $ 316.78 $ 7,327.91 Total $ 87,344.96 $ 107,618.83 $ 8,424.59 $ 7,048.13 $ 210,436.52 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 3 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court- ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 3 PRINCIPAL ASSESSMENT: $98,477.17 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 3 AdditionalInstallment [a] Due 1/31 Principal Interest Interest Costs Installments[b] 2026 $ 1,239.44 $ 6,175.38 $ 492.39 $ 193.73 $ 8,100.93 2027 $ 1,310.77 $ 6,108.76 $ 486.19 $ 209.24 $ 8,114.96 2028 $ 1,391.02 $ 6,038.30 $ 479.63 $ 213.43 $ 8,122.39 2029 $ 1,466.81 $ 5,963.54 $ 472.68 $ 217.70 $ 8,120.72 2030 $ 1,555.98 $ 5,884.69 $ 465.35 $ 222.05 $ 8,128.07 2031 $ 1,649.61 $ 5,801.06 $ 457.57 $ 226.49 $ 8,134.73 2032 $ 1,747.69 $ 5,712.39 $ 449.32 $ 231.02 $ 8,140.43 2033 $ 1,859.15 $ 5,605.35 $ 440.58 $ 235.64 $ 8,140.72 2034 $ 1,988.45 $ 5,491.47 $ 431.28 $ 240.35 $ 8,151.56 2035 $ 2,117.74 $ 5,369.68 $ 421.34 $ 245.16 $ 8,153.92 2036 $ 2,255.95 $ 5,239.97 $ 410.75 $ 250.06 $ 8,156.74 2037 $ 2,407.54 $ 5,101.79 $ 399.47 $ 255.07 $ 8,163.87 2038 $ 2,563.58 $ 4,954.33 $ 387.44 $ 260.17 $ 8,165.51 2039 $ 2,737.46 $ 4,797.31 $ 374.62 $ 265.37 $ 8,174.76 2040 $ 2,920.25 $ 4,629.64 $ 360.93 $ 270.68 $ 8,181.50 2041 $ 3,107.51 $ 4,450.78 $ 346.33 $ 276.09 $ 8,180.70 2042 $ 3,317.05 $ 4,260.44 $ 330.79 $ 281.61 $ 8,189.90 2043 $ 3,535.51 $ 4,057.27 $ 314.21 $ 287.25 $ 8,194.24 2044 $ 3,771.81 $ 3,840.72 $ 296.53 $ 292.99 $ 8,202.05 2045 $ 4,017.02 $ 3,609.70 $ 277.67 $ 298.85 $ 8,203.24 2046 $ 4,302.36 $ 3,348.59 $ 257.58 $ 304.83 $ 8,213.36 2047 $ 4,601.07 $ 3,068.94 $ 236.07 $ 310.92 $ 8,217.01 2048 $ 4,926.53 $ 2,769.87 $ 213.07 $ 317.14 $ 8,226.61 2049 $ 5,269.83 $ 2,449.65 $ 188.43 $ 323.49 $ 8,231.40 2050 $ 5,639.88 $ 2,107.11 $ 162.09 $ 329.95 $ 8,239.02 2051 $ 6,032.22 $ 1,740.52 $ 133.89 $ 336.55 $ 8,243.17 2052 $ 6,451.31 $ 1,348.42 $ 103.72 $ 343.28 $ 8,246.74 2053 $ 6,906.06 $ 929.09 $ 71.47 $ 350.15 $ 8,256.77 2054 $ 7,387.57 $ 480.19 $ 36.94 $ 357.15 $ 8,261.85 Total $ 98,477.17 $ 121,334.96 $ 9,498.31 $ 7,946.43 $ 237,256.86 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 4 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 4 PRINCIPAL ASSESSMENT: $118,172.60 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS- IMPROVEMENT AREA#1 LOT TYPE 4 AdditionalInstallment [a] Due 1/31,01 Principal Interest Interest Costs Installments[b] 2026 $ 1,487.32 $ 7,410.45 $ 590.86 $ 232.47 $ 9,721.11 2027 $ 1,572.92 $ 7,330.51 $ 583.43 $ 251.09 $ 9,737.95 2028 $ 1,669.23 $ 7,245.96 $ 575.56 $ 256.11 $ 9,746.86 2029 $ 1,760.18 $ 7,156.24 $ 567.22 $ 261.24 $ 9,744.87 2030 $ 1,867.18 $ 7,061.63 $ 558.41 $ 266.46 $ 9,753.69 2031 $ 1,979.53 $ 6,961.27 $ 549.08 $ 271.79 $ 9,761.67 2032 $ 2,097.23 $ 6,854.87 $ 539.18 $ 277.23 $ 9,768.51 2033 $ 2,230.98 $ 6,726.42 $ 528.70 $ 282.77 $ 9,768.87 2034 $ 2,386.14 $ 6,589.77 $ 517.54 $ 288.42 $ 9,781.87 2035 $ 2,541.29 $ 6,443.62 $ 505.61 $ 294.19 $ 9,784.71 2036 $ 2,707.14 $ 6,287.96 $ 492.90 $ 300.08 $ 9,788.09 2037 $ 2,889.04 $ 6,122.15 $ 479.37 $ 306.08 $ 9,796.64 2038 $ 3,076.30 $ 5,945.20 $ 464.92 $ 312.20 $ 9,798.62 2039 $ 3,284.95 $ 5,756.77 $ 449.54 $ 318.44 $ 9,809.71 2040 $ 3,504.30 $ 5,555.57 $ 433.12 $ 324.81 $ 9,817.80 2041 $ 3,729.01 $ 5,340.93 $ 415.59 $ 331.31 $ 9,816.84 2042 $ 3,980.46 $ 5,112.53 $ 396.95 $ 337.94 $ 9,827.88 2043 $ 4,242.61 $ 4,868.73 $ 377.05 $ 344.69 $ 9,833.08 2044 $ 4,526.17 $ 4,608.87 $ 355.83 $ 351.59 $ 9,842.46 2045 $ 4,820.42 $ 4,331.64 $ 333.20 $ 358.62 $ 9,843.89 2046 $ 5,162.83 $ 4,018.31 $ 309.10 $ 365.79 $ 9,856.03 2047 $ 5,521.28 $ 3,682.73 $ 283.29 $ 373.11 $ 9,860.41 2048 $ 5,911.84 $ 3,323.85 $ 255.68 $ 380.57 $ 9,871.94 2049 $ 6,323.80 $ 2,939.58 $ 226.12 $ 388.18 $ 9,877.67 2050 $ 6,767.85 $ 2,528.53 $ 194.50 $ 395.95 $ 9,886.83 2051 $ 7,238.66 $ 2,088.62 $ 160.66 $ 403.86 $ 9,891.81 2052 $ 7,741.57 $ 1,618.11 $ 124.47 $ 411.94 $ 9,896.08 2053 $ 8,287.28 $ 1,114.90 $ 85.76 $ 420.18 $ 9,908.12 2054 $ 8,865.08 $ 576.23 $ 44.33 $ 428.58 $ 9,914.23 Total $ 118,172.60 $ 145,601.95 $ 11,397.97 $ 9,535.71 $ 284,708.23 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 5 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 5 PRINCIPAL ASSESSMENT: $128,448.48 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 5 AdditionalInstallment Due 1/31 Principal tnt=] Interest Costs Installments[b] 2026 $ 1,616.66 $ 8,054.84 $ 642.24 $ 252.69 $ 10,566.42 2027 $ 1,709.70 $ 7,967.94 $ 634.16 $ 272.93 $ 10,584.73 2028 $ 1,814.38 $ 7,876.05 $ 625.61 $ 278.38 $ 10,594.42 2029 $ 1,913.24 $ 7,778.52 $ 616.54 $ 283.95 $ 10,592.25 2030 $ 2,029.54 $ 7,675.69 $ 606.97 $ 289.63 $ 10,601.83 2031 $ 2,151.66 $ 7,566.60 $ 596.82 $ 295.42 $ 10,610.51 2032 $ 2,279.60 $ 7,450.95 $ 586.07 $ 301.33 $ 10,617.95 2033 $ 2,424.98 $ 7,311.32 $ 574.67 $ 307.36 $ 10,618.33 2034 $ 2,593.63 $ 7,162.79 $ 562.54 $ 313.51 $ 10,632.47 2035 $ 2,762.27 $ 7,003.93 $ 549.58 $ 319.78 $ 10,635.55 2036 $ 2,942.54 $ 6,834.74 $ 535.76 $ 326.17 $ 10,639.22 2037 $ 3,140.27 $ 6,654.51 $ 521.05 $ 332.69 $ 10,648.52 2038 $ 3,343.80 $ 6,462.17 $ 505.35 $ 339.35 $ 10,650.67 2039 $ 3,570.60 $ 6,257.36 $ 488.63 $ 346.14 $ 10,662.73 2040 $ 3,809.03 $ 6,038.66 $ 470.78 $ 353.06 $ 10,671.53 2041 $ 4,053.27 $ 5,805.36 $ 451.73 $ 360.12 $ 10,670.48 2042 $ 4,326.59 $ 5,557.10 $ 431.47 $ 367.32 $ 10,682.47 2043 $ 4,611.54 $ 5,292.10 $ 409.83 $ 374.67 $ 10,688.13 2044 $ 4,919.75 $ 5,009.64 $ 386.78 $ 382.16 $ 10,698.32 2045 $ 5,239.59 $ 4,708.30 $ 362.18 $ 389.80 $ 10,699.88 2046 $ 5,611.77 $ 4,367.73 $ 335.98 $ 397.60 $ 10,713.08 2047 $ 6,001.40 $ 4,002.97 $ 307.92 $ 405.55 $ 10,717.83 2048 $ 6,425.91 $ 3,612.88 $ 277.91 $ 413.66 $ 10,730.37 2049 $ 6,873.69 $ 3,195.19 $ 245.78 $ 421.94 $ 10,736.60 2050 $ 7,356.36 $ 2,748.40 $ 211.42 $ 430.38 $ 10,746.55 2051 $ 7,868.11 $ 2,270.24 $ 174.63 $ 438.98 $ 10,751.96 2052 $ 8,414.75 $ 1,758.81 $ 135.29 $ 447.76 $ 10,756.61 2053 $ 9,007.91 $ 1,211.85 $ 93.22 $ 456.72 $ 10,769.70 2054 $ 9,635.96 $ 626.34 $ 48.18 $ 465.85 $ 10,776.33 Total $ 128,448.48 $ 158,262.99 $ 12,389.10 $ 10,364.90 $ 309,465.47 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 6 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1)under a court order or foreclosure sale; 2)by a trustee in bankruptcy; 3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5)by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6)from one co-owner to another co-owner of an undivided interest in the real property; 7)to a spouse or a person in the lineal line of consanguinity of the seller; 8)to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 6 PRINCIPAL ASSESSMENT: $154,138.17 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS- IMPROVEMENT AREA#1 LOT TYPE 6 AdditionalInstallment Due 1/31 Principal low- Interest Costs Installments[b] 2026 $ 1,939.99 $ 9,665.81 $ 770.69 $ 303.23 $ 12,679.71 2027 $ 2,051.64 $ 9,561.53 $ 760.99 $ 327.51 $ 12,701.67 2028 $ 2,177.25 $ 9,451.26 $ 750.73 $ 334.06 $ 12,713.30 2029 $ 2,295.88 $ 9,334.23 $ 739.85 $ 340.74 $ 12,710.70 2030 $ 2,435.45 $ 9,210.83 $ 728.37 $ 347.56 $ 12,722.20 2031 $ 2,582.00 $ 9,079.92 $ 716.19 $ 354.51 $ 12,732.61 2032 $ 2,735.52 $ 8,941.14 $ 703.28 $ 361.60 $ 12,741.54 2033 $ 2,909.98 $ 8,773.59 $ 689.60 $ 368.83 $ 12,742.00 2034 $ 3,112.35 $ 8,595.35 $ 675.05 $ 376.21 $ 12,758.96 2035 $ 3,314.72 $ 8,404.72 $ 659.49 $ 383.73 $ 12,762.66 2036 $ 3,531.05 $ 8,201.69 $ 642.92 $ 391.41 $ 12,767.07 2037 $ 3,768.32 $ 7,985.42 $ 625.26 $ 399.23 $ 12,778.23 2038 $ 4,012.56 $ 7,754.61 $ 606.42 $ 407.22 $ 12,780.80 2039 $ 4,284.72 $ 7,508.84 $ 586.36 $ 415.36 $ 12,795.27 2040 $ 4,570.83 $ 7,246.40 $ 564.93 $ 423.67 $ 12,805.83 2041 $ 4,863.92 $ 6,966.43 $ 542.08 $ 432.14 $ 12,804.58 2042 $ 5,191.91 $ 6,668.52 $ 517.76 $ 440.79 $ 12,818.97 2043 $ 5,533.85 $ 6,350.51 $ 491.80 $ 449.60 $ 12,825.76 2044 $ 5,903.70 $ 6,011.57 $ 464.13 $ 458.59 $ 12,837.99 2045 $ 6,287.51 $ 5,649.97 $ 434.61 $ 467.77 $ 12,839.85 2046 $ 6,734.12 $ 5,241.28 $ 403.18 $ 477.12 $ 12,855.70 2047 $ 7,201.67 $ 4,803.56 $ 369.50 $ 486.66 $ 12,861.40 2048 $ 7,711.10 $ 4,335.45 $ 333.50 $ 496.40 $ 12,876.44 2049 $ 8,248.43 $ 3,834.23 $ 294.94 $ 506.32 $ 12,883.92 2050 $ 8,827.63 $ 3,298.08 $ 253.70 $ 516.45 $ 12,895.86 2051 $ 9,441.73 $ 2,724.28 $ 209.56 $ 526.78 $ 12,902.36 2052 $ 10,097.70 $ 2,110.57 $ 162.35 $ 537.32 $ 12,907.94 2053 $ 10,809.49 $ 1,454.22 $ 111.86 $ 548.06 $ 12,923.64 2054 $ 11,563.15 $ 751.61 $ 57.82 $ 559.02 $ 12,931.60 Total $ 154,138.17 $ 189,915.59 $ 14,866.92 $ 12,437.88 $ 371,358.57 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1 LOT TYPE 7 BUYER DISCLOSURE NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9)of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice,the purchaser, subj ect to certain exceptions,is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING' RETURN TO: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF CORPUS CHRISTI, TEXAS CONCERNING THE FOLLOWING PROPERTY STREET ADDRESS IMPROVEMENT AREA#1 LOT TYPE 7 PRINCIPAL ASSESSMENT: $205,517.56 As the purchaser of the real property described above, you are obligated to pay assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within Whitecap Public Improvement District No. I (the 'District")created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Corpus Christi. The exact amount of each annual installment will be approved each year by the Corpus Christi City Council in the annual service plan update for the District. More information about the assessments,including the amounts and due dates,may be obtained from City of Corpus Christi. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current Information of Obligation to Pay Improvement District Assessment. [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1),Tex. Prop. Code. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me by and , known to me to be the person(s)whose name(s)is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this 20 . Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143,Tex.Prop.Code,to be executed at the closing of the purchase and sale and to be recorded in the deed records of Nueces County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS- IMPROVEMENT AREA#1 LOT TYPE 7 AdditionalInstallment Due 1/31 Principal Inte IL Costs Installments[b] 2026 $ 2,586.65 $ 12,887.74 $ 1,027.59 $ 404.30 $ 16,906.28 2027 $ 2,735.52 $ 12,748.71 $ 1,014.65 $ 436.68 $ 16,935.56 2028 $ 2,903.00 $ 12,601.67 $ 1,000.98 $ 445.41 $ 16,951.07 2029 $ 3,061.18 $ 12,445.64 $ 986.46 $ 454.32 $ 16,947.60 2030 $ 3,247.27 $ 12,281.10 $ 971.16 $ 463.41 $ 16,962.93 2031 $ 3,442.66 $ 12,106.56 $ 954.92 $ 472.68 $ 16,976.82 2032 $ 3,647.36 $ 11,921.52 $ 937.71 $ 482.13 $ 16,988.71 2033 $ 3,879.97 $ 11,698.12 $ 919.47 $ 491.77 $ 16,989.33 2034 $ 4,149.80 $ 11,460.47 $ 900.07 $ 501.61 $ 17,011.95 2035 $ 4,419.63 $ 11,206.29 $ 879.32 $ 511.64 $ 17,016.89 2036 $ 4,708.07 $ 10,935.59 $ 857.22 $ 521.87 $ 17,022.76 2037 $ 5,024.42 $ 10,647.22 $ 833.68 $ 532.31 $ 17,037.64 2038 $ 5,350.08 $ 10,339.47 $ 808.56 $ 542.96 $ 17,041.07 2039 $ 5,712.96 $ 10,011.78 $ 781.81 $ 553.82 $ 17,060.36 2040 $ 6,094.44 $ 9,661.86 $ 753.24 $ 564.89 $ 17,074.44 2041 $ 6,485.23 $ 9,288.58 $ 722.77 $ 576.19 $ 17,072.77 2042 $ 6,922.54 $ 8,891.36 $ 690.35 $ 587.71 $ 17,091.96 2043 $ 7,378.46 $ 8,467.35 $ 655.73 $ 599.47 $ 17,101.02 2044 $ 7,871.60 $ 8,015.42 $ 618.84 $ 611.46 $ 17,117.32 2045 $ 8,383.34 $ 7,533.29 $ 579.48 $ 623.69 $ 17,119.80 2046 $ 8,978.83 $ 6,988.37 $ 537.57 $ 636.16 $ 17,140.93 2047 $ 9,602.23 $ 6,404.75 $ 492.67 $ 648.88 $ 17,148.54 2048 $ 10,281.46 $ 5,780.60 $ 444.66 $ 661.86 $ 17,168.58 2049 $ 10,997.91 $ 5,112.31 $ 393.25 $ 675.10 $ 17,178.57 2050 $ 11,770.18 $ 4,397.44 $ 338.26 $ 688.60 $ 17,194.49 2051 $ 12,588.97 $ 3,632.38 $ 279.41 $ 702.37 $ 17,203.14 2052 $ 13,463.60 $ 2,814.10 $ 216.47 $ 716.42 $ 17,210.58 2053 $ 14,412.65 $ 1,938.96 $ 149.15 $ 730.75 $ 17,231.52 2054 $ 15,417.54 $ 1,002.14 $ 77.09 $ 745.36 $ 17,242.13 Total $ 205,517.56 $ 253,220.78 $ 19,822.56 $ 16,583.84 $ 495,144.75 Footnotes: [a] Interest on the Improvement Area#1 Bonds is calculated at a 5.375%,6.125%, 6.50%rate for term bonds due 2031,2044, and 2054 respectively. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or other available offsets could increase or decrease the amounts shown. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment OFF I C E OF ECONOMIC DEVELOPMENT Whitecap Public Improvement District #1 Annual Service Assessment Plan Approval City Council July 22, 2025 PID Overview • Authority by Chapter 372 of the Texas Local Government Code. ® Purpose of the PID is to fund improvements which benefit a defined area and paid with special assessments within the area. ® The improvements are paid from assessment revenues. Costs can be shared with a TIRZ. s Financing options can include "Pay-as-you-go" or bond financing. Under either financing option, funding comes exclusively from special assessments. The Special Assessment Bonds are non-recourse and are neither secured by nor payable from the City's general faith and credit. Whitecap PID No. 1 Background • April 7, 2022 petition for the creation of a PID filed with the City • May 17, 2022 City Council creates the PID • February 20, 2024 City Council approves the SAP for and levies assessments on property within the Improvement Area #1 of the PID • October 15, 2024 City Council approves the issuance of the PID bonds secured by revenues generated from the assessments on the property in Improvement Area #1 • October 31, 2024 the PID bonds close Development Master Plan lift 14 4.1 Ste• � ,, •, �~+� d i. . ,�. �..d \�� ', ��t� �e x �9�e•f t��.��•�ky _ 11111 / Ili1 4 Service and Assessment Plan (SAP) SAP contains a listing of all allowed improvements, costs of the improvements, and the maximum assessment for each lot type Authorized Improvements Cost Preserve $3.2M Streets $27.1 Drainage $i.6M Water $i.7M Wastewater $3.z M Soft Costs $3.4M Community Amenities, Parks,&Landscaping $10.7M Debt Service Reserve $1.8M Cost of Issuance, Underwriter's Discount,Admin Fund $2.4M Total $45.iM Funding PID Bonds-Improvement Area#i $23.9M Future Improvement Area $2.4M Developer Contribution s18.8M Total $45.3-M 2025 Annual Service Plan Update • The State law requires an annual review of Service and Assessment Plan with annual update for existing Whitecap PID No. 1 • Identifies Authorized Improvements & confirms outstanding assessments • Development is in construction with completion in July 2025 • Budget forecast covers a period of at least five years • Provides the annual indebtedness and project costs • Includes a copy of the disclosures to prospective buyers Improvement Area #1 a v ' I 4 � I� � f— � f'T,,��{f�'O � � G 'key S��•_ i% Improvement Area #1 Authorized Improvements Streets: roadways, lighting, signage Drainage: storm drainage improvements Water and Wastewater: improvements to provide water service to all lots Preserve: signage, lighting, hardscape, screening walls, trails, sidewalks, pathways, playgrounds, furnishings, irrigation systems Bond issuance and other costs: debt service fund, capitalized interest, underwriters discount, costs of issuance, soft costs, and collection costs SAP Improvement Area #1 Budget Authorized Improvements Budget Spent to Date[a] Percent of Budget Forecast Spent Completion Date Improvement Area#1 Improvements Street $ 17,087,424.00 $ 12,560,994.71 73.51% July 2025 Drainage $ 1,655,010.00 $ 26,820.00 1.62% July 2025 Water $ 1,742,790.00 $ 1,177,742.48 67.58% July 2025 Wastewater $ 3,196,725.00 $ 2,171,763.00 67.94% July 2025 Soft Costs-IA#1 $ 3,436,250.00 $ 1,541,114.86 44.85% July 2025 Subtotal $ 27,118,199.00 $ 17,478,435.05 64.45% July 2025 Initial Common to All Improvements Preserve-CTA $ 544,018.00 $ - 0.00% July 2025 Soft Costs-CTA $ 200,769.00 $ 30,327.95 15.11% July 2025 Subtotal $ 744,787.00 $ 30,327.95 4.07% July 2025 Total IA#1 Improvements $ 27,862,986.00 $ 17,508,763.00 62.84% July 2025 Footnotes: [a]Amounts per Draw#2. I SAP Improvement Area #1 Budget Authorized . . Area ImprovementsAuthorized Datelal Percent of Budget Forecast Spent Completion Date Initial Common to All Improvements Preserve-CTA $ 1,765,982.00 $ - 0.00% July 2025 Soft Costs-CTA $ 651,731.00 $ 98,450.05 15.11% July 2025 Subtotal $ 2,417,713.00 $ 98,450.05 4.07% July 2025 Total Remainder Area Improvements $ 2,417,713.00 $ 98,450.05 4.07% July 2025 Footnotes: [a]Amounts per Draw#2. SAP Improvement Area #1 Five Year Budget Forecast r�i�ovemen��pre8 A'x` E3ue�u5 Pnncpal $ 2 s#i3OXJ.130 S VKOW:DD S 312.CXCa-!)} 329.UIIGJW 5 34%13130.013 Interest S 1.32B,110.130 .S 1.37D.lb7.511 $ 1.354,365.01) $ 1,337595M 1,319311.26 (1) S 1.663,110.13C S 1.664.lb7.511 $ 1,666,363.01) $ Lbbb,595-w l,i ,911.26 AddluonalIryterest (2) 5 11DAAO-GD S 109,450-W S 107,5EIGM $ 146,4I = 10075.00 Annual ColleclJon I wts $ 43A52.33 S 46.912.24 47,87G 4M28-10 44,BD4.87 Total Anneal I nslal Iment (4)_(lp+(2)+(3) S 1,1317.02 33 S 1,&Z0,149.74 $ 1,821,815M $ 1,921,443,30 > MA91,13 11 i Questions? se AGENDA MEMORANDUM NQRPaRPS E First Reading Ordinance for the City Council Meeting July 22, 2025 1852 Second Reading Ordinance for the City Council Meeting July 29, 2025 DATE: July 22, 2025 TO: Peter Zanoni, City Manager FROM: Jeremy Valgardson, Interim Director of Aviation Jeremyv2gcctexas.com (361) 826-1777 Ordinance authorizing the City Manager to execute a one-year lease agreement with Al Dodds Aviation, LLC, for aviation office space at the Corpus Christi International Airport. CAPTION: Ordinance authorizing an amendment to the lease with Al Dodds Aviation, LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. SUMMARY: The proposed lease agreement between the City of Corpus Christi, lessor Al Dodds Aviation, LLC, for premises located at the Corpus Christi International Airport for a one-year lease agreement, for monthly rent in the amount of $1 ,716.92 for a total of $20,603.04 per year. The lease agreement is for office, apron space, and parking on the east side of the airport adjacent to Hangar #3. Lessee will occupy 2,274.40 square feet of office, with 2,241.06 square feet of uncovered parking, and 1,601.56 square feet of the concrete apron. Square Monthly Annual Category Acreage Feet Rate Total Concrete Apron OF-5(adjacent to Hangar3) 0.037 1601.56 $1,547.88 $18,574.56 Office OF-5 0.064 2774.40 $ 82.48 $ 989.76 Parking Lot OF-5(adjacentto Hangar 3) 0.051 2241.06 $ 86.56 $ 1,038.72 0.152 6617.02 $1,716.92 $20,603.04 BACKGROUND AND FINDINGS: These facilities enhance customer service and provide additional space for aeronautical operations. Al Dodds Aviation is an existing tenant at CCIA with past multiple leased premises and currently provides pilot and aviation services for various clients. Al Dodds Aviation operated under a sublease with Signature Flight Support, Fixed Based Operator (FBO), when the company was on-site at CCIA. Upon Signature's departure, Atlantic Aviation was responsible for maintenance and collection of monthly rent for the referenced facilities through a management agreement. That agreement has since expired, precluding the need for a direct lease agreement with Al Dodds Aviation. ALTERNATIVES: The alternative includes not leasing the facility and having a vacant building or continuing to allow Al Dodds Aviation to operate without an agreement. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with total annual rent revenue of $20,603.04 per year. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 —Airport Administration Department: 888 Project # (CIP Only): N/A Account: 320230 RECOMMENDATION: City staff recommends approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Amendment with Exhibits Ordinance authorizing an amendment to the lease with Al Dodds Aviation, LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: City Manager or designee is authorized to execute Amendment No. 2 to the lease with Al Dodds Aviation, LLC to amend the term to add two one-year mutual renewals and add an escalation of the base rent by 3% per annum upon renewal. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary AMENDMENT NO. 2 TO LEASE AGREEMENT WITH AL DODDS AVIATION, CC This Amendment No. 2 amends the Lease Agreement between the City of Corpus Christi ("City"), acting by and through its Director of Aviation, and Al Dodds Aviation, LLC ("Lessee") regarding the Premises located at 514 Hangar Lane, Corpus Christi, Texas. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1) Section 2 is amended to read as follows: "Section 2. Term. The term of the Lease commences upon final approval by the Corpus Christi City Council and execution by the City Manager("Effective Date") and continues on a month-to-month basis for up to 4 years from the Effective Date, unless earlier terminated by one of the parties in accordance with this Agreement. The initial Term shall be extended for two(2)additional consecutive periods of one (1)year each,with priorwritten notice provided by Lessee with at least 60 calendar days prior to the expiration date and agreed by the Director of Aviation." 2) Section 4 is amended to read as follows: "Section 4. Rent. G. In the event that Lessee exercises to extend, the Rent that will be applicable for such Renewal period shall be increased by a 3% escalation without the need of any further notice or communication between Lessee and the City." (Signatures on next page.) City of Corpus Christi Al Dodds Aviation, LLC By:_ By: Name: Name: Title: Title: Date: Date: Approved as to legal form on: Assistant City Attorney I I , I , I I I , I I , I I I , I , I All I , 52'-1" NOTAPPLIED f_ M v W NOTAPPLIED Z< O O O �Q m PARKING LL OF-5 APRON LOT1 ` HALLWAY 0 0 0 0 PARKING 25' LOT 2 LEGEND 0 OF-5 2,774.4 Sq.Ft. si' APRON 1,601.56 Sq.Ft. Category Acreage Square Monthly AnnuaLTotat PARKING LOT 1 966.06 Sq.Ft. Feet Rate Concrete Apron OF-5(adjacent to Hangar 3) 0.037 1601.56 $1,547.88 $18,574.61 Office OF-5 0.064 2774.40 $ 82.48 $ 989.76 PARKING LOT 2 1,275 Sq.Ft. Parking Lot OF-5(adjacent to Hangar 0.051 2241.06 $ 86.56 $ 1,038.73 0.152 6617.02 $1,716.92 $20,603.10 N EXHIBIT B Prepared by: Randy Schumann CC' A AL DODD'S AVIATION LEASED PREMISES W c3 E ��A 514 Hangar Lane Approved by: Jeremy Valgardson Corpus Christi s International Airport Not to Scale Sheet No.2 of 2 Date: 07/02/2025 C:\Users\RandyS2\City of Corpus Chrati\Airporc Staff-Shar,&Engln,aring\Airport Tenants Laas,\East GA\AI Dodds CCI Corpus Christi International Airport Al Dodds Aviation, LLC Lease Amendment No. 2 City Council July 22, 2025 CC!MA Al Dodds Lease Amendment No. 2 Corpus Chri _� Intemati ono I Rjrport • The lease amendment is to extend the lease for an additional year with Al Dodds Aviation, LLC. The amendment also includes two mutual agreed, one- year renewal options. • The lease amendment includes office, apron and parking space. • The monthly rent has been adjusted to reflect a 3% escalation, bringing a monthly rent to $1,716.92 for an annual revenue of $20,603.04. 2 I I I , I ' I I , I I , I I I N W V U V AZQ NOTAPPLIED PARKING H A L L W A Y 1 APRON LOT 1 O F-5 m m a a 0 0 0 0 a PARKING LOT 2 LEGEND D OF-5 2,774.4 Sq.Ft. 61' APRON 1,601.56 Sq.Ft. Category Acreage SFeele M6ately Annual Tolal �PARKING LOT 1 966.06 Sq.Ft. Concrete Apron OF-5(atljacen[[o Nan ar 3J 9.037 1fi01.56$1,54J BH $1H•574 fit IIIIIII PARKING LOT 2 1,275 Sq.Ft, Off—OF-s s.osa 277aao$ ez as $ 9e9.7s Parki ng Lot OF 5 iadlacent to Hangar 3 0,051 1 2241,0613 86.56 $ 1,038,73 0,152 1 6617,021 1 1,716.92 $20,603,10 N ��� EXHIBIT B Prepared by: Randy Schumann A AL DODD'S AVIATION LEASED PREMISES w .¢ s Corp, c�w 514HangarLane Approved by: Jeremy Wgardson orp r Christi �y. InternotionalAfrport NottoScale ShWNa.2of2 Date: 0710212025 ^} c.w,emr+emyszeiq mevo......awr.al stars-sneremEgi—ngw—tanerroleam1--M— "� se 0 A F v AGENDA MEMORANDUM NCOgpOPPT E First Reading Ordinance for the City Council Meeting July 22, 2025 1852 Second Reading Ordinance for the City Council Meeting July 29, 2025 DATE: July 22, 2025 TO: Peter Zanoni, City Manager FROM: Jeremy Valgardson, Interim Director of Aviation JeremJeremyv2�cctexas.comas.com (361) 826-1777 Ordinance authorizing the City Manager to execute a one-year lease agreement with Ocean Air Center, LLC, for aviation equipment maintenance space at the Corpus Christi International Airport. CAPTION: Ordinance authorizing an amendment to the lease with Ocean Air Center, LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. SUMMARY: The proposed lease agreement between the City of Corpus Christi, lessor Ocean Air Center, LLC, for premises located at the Corpus Christi International Airport for a one-year lease agreement, for monthly rent in the amount of $1 ,880.19 for a total of $22,562.28 per year. The lease agreement is for office, apron space, and parking on the east side of the airport adjacent to Hangar #2. Lessee will occupy 5,032.75 square feet of storage, with 760.42 square feet of uncovered parking, and 4,902.83 square feet of the concrete apron. Category Acreage Square Monthly Annual Feet Rate Total Concrete Apron OF-4(adjacent to Hanga 2) 0.113 4902.83 $ 252.50 $ 3,030.00 Parking Lot OF-4(adj a cent to Hangar2) 0.017 760.42 $ 29.37 $ 352.44 Storage Associated with OF-4 0.116 5032.751 $1,598.32 $19,179.84 0.246 1 106961 $1,880.19 1 $22,562.28 BACKGROUND AND FINDINGS: These facilities enhance customer service and provide additional space for aeronautical operations. Ocean Air Center, LLC is an existing tenant at CCIA with past multiple leased premises and currently provides pilot and aviation services for various clients. Ocean Air Center operated under a sublease with Signature Flight Support, Fixed Based Operator (FBO), when the company was on-site at CCIA. Upon Signature's departure, Atlantic Aviation was responsible for maintenance and collection of monthly rent for the referenced facilities through a management agreement. That agreement has since expired, precluding the need for a direct lease agreement with Ocean Air Center. ALTERNATIVES: The alternative includes not leasing the facility and having a vacant building or continuing to allow Ocean Air Center to operate without an agreement. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with a total annual rent revenue of $22,562.28 per year. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 —Airport Administration Department: 888 Project # (CIP Only): N/A Account: 320230 RECOMMENDATION: City staff recommends approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Amendment No. 1 with Exhibit Ordinance authorizing an amendment to the lease with Ocean Air Center, LLC to amend the term to add two one-year renewals and add an escalation of the base rent by 3% per annum. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: City Manager or designee is authorized to execute Amendment No. 2 to the lease with Ocean Air Center, LLC to amend the term to add two one-year mutual renewals and add an escalation of the base rent by 3% per annum upon renewal. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary AMENDMENT NO. 1 TO LEASE AGREEMENT WITH OCEAN AIR CENTER, CC This Amendment No. 1 amends the Lease Agreement between the City of Corpus Christi ("City"), acting by and through its Director of Aviation, and Ocean Air Center, LLC ("Lessee") regarding the Premises located at 550 Hangar Lane, Corpus Christi, Texas. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1) Section 2 is amended to read as follows: "Section 2. Term. The term of the Lease commences upon final approval by the Corpus Christi City Council and execution by the City Manager("Effective Date") and continues on a month-to-month basis for up to 4 years from the Effective Date, unless earlier terminated by one of the parties in accordance with this Agreement. The initial Term shall be extended for two (2)additional consecutive periods of one(1)year each,with priorwritten notice provided by Lessee with at least 60 calendar days prior to the expiration date and agreed by the Director of Aviation. 2) Section 4 is amended to read as follows: "Section 4. Rent. G. In the event that Lessee exercises to extend, the Rent that will be applicable for such Renewal period shall be increased by a 3% escalation without the need of any further notice or communication between Lessee and the City. (Signatures on next page.) City of Corpus Christi Ocean Air Center, LLC By:_ By: Name: Name: Title: Title: Date: Date: Approved as to legal form on: Assistant City Attorney 120'-10" 13'-3" roll-up 11 T-8" shutter door `o 0 am CC PARKING °r 4 A T Storage Stara9a APRON R O N LO e 1 yl j V I I I I I I I I I I LEGEND I I I 0 OF-4 5,032.75 Sq.Ft. PARKING LOT 760.42 Sq.Ft. Category Acreage Square Monthly Feet Rate Annual Total Concrete Apron OF-4(adjacent to Hangar2) 0.113 4902.83 $ 252.50 $ 3,030.00 APRON 4,902.83 Sq.Ft. Parking Lot OF-4(adjacenttoHangar2) 0.017 760.42 $ 29.37 $ 352.44 Storage Associated with OF-4 0.116 5032.75 $1,598.32 $19,179.64 0.246 10696 $1,880.19 $22,562-28 N EXHIBIT B Prepared by: Randy Schumann CC' A OCEAN AIR CENTER LEASED PREMISES W o= E ��A 550 Hangar Lane Approved by: Jeremy Valgardson Corpus Christi s $ International Airport Notto Scale Sheet No.2of2 Date: 07/02/2D25 CCI Corpus Christi International Airport Ocean Air Center, LLC Lease Amendment No. 1 City Council July 22, 2025 CC!MA I � Ocean Air Lease Amendment No. 1 Corpus Christi _ � Internati ono I Rjrport • The lease amendment extends the lease for an additional year with Ocean Air Center, LLC. The amendment also includes two mutual agreed, one-year renewal options. • The Lease amendment includes space for storage, concrete apron and parking lot. • The monthly rent has been adjusted to reflect a 3% escalation bringing the monthly rent to $1,880.19 for an annual revenue of $22,562.28. 120'-10° �,-epp shuUer — PARKING - am ea, Q 4 slarece LOT oNl IZ' APRON t - t , r , t t LEGEND i i 0 OF4 5,032.75 Sq.Ft. . Category Acreage square Monty AnnuaLTotar PARKING LOT 780.42 Sq.Ft. Feet Rate Concrete Apron OF-4(adjacent to Hangar 2) 0,113 4902.93$ 252.50 $ 3,030,00 APRON 4,902.83 Sq.Ft. Parking Lot OF-4(adjacentto Hangar 2) 1037 760.42$ 29.37 $ 352.44 Storage A550Ciaterl with OF-4 O.t1e 5032J5$1,598.32 $19,179.84 0246 1()6961$1,aa0.t9 $12,5a2.2t1 N ■ EXHIBIT B Prepared by: Raney Schumann ` ■ OCEAN AIR CENTER LEASED PREMISES w 1: ��A Approved by: Jeremy Valgardson Corpus Christi 550Hangarlane A 5 * International Airport Not to Scale Sheet No.2 oft Date: 0710212025 SC O� H NoHPOP PT E 1852 AGENDA MEMORANDUM Public Hearing and Action Item for the City Council Meeting of July 22, 2025 DATE: July 22, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikemaa-cctexas.com (361) 886-2601 Public Hearing and Ordinance approving the Fiscal Year 2026 Corpus Christi Crime Control and Prevention District Budget CAPTION: Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2026 with revenues in a total amount of $9,363,764.00 and expenditures in a total amount of $11,245,362.00 to fund 78 authorized Police sworn personnel and nine replacement vehicles, and equipment to support both as adopted by the Corpus Christi Crime Control and Prevention District Board on June 18, 2025; and appropriating $11,245,362.00 in the Crime Control and Prevention District Fund. SUMMARY: The purpose of this ordinance is to hold a public hearing and approve the FY 2026 Crime Control and Prevention District Budget as mandated by the State law governing this type of district. BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for five years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, on April 14, 2007 for ten years and on November 8, 2016 for ten years. This continues the 1/8 cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The proposed $11,245,362.00 budget provides funding for 78 officers, nine replacement vehicles, and equipment to support both. Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on the budget no later than the 451" day before the date each fiscal year begins, and section 363.205(d) requires the governing body of the district approve or reject the budget no later than the 301" day before the date each fiscal year begins. The Crime Control and Prevention District held a public hearing on June 18, 2025 and adopted the budget the same day. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. The FY 2026 Corpus Christi Crime Control and Prevention District Budget includes a $1,881,598.00 intentional drawdown of fund balance. The financial plan is to transition 15 police officer positions to the General Fund over the course of FY 2027 and FY 2028. The Corpus Christi Crime Control and Prevention District is a ten-year voter approved initiative. The current Corpus Christi Crime Control and Prevention District term is set to expire on April 1, 2027. Corpus Christi voters can approve the renewal of the Corpus Christi Crime Control and Prevention District during the November 2026 election. ALTERNATIVES: The alternative is not to approve the approving FY 2026 Corpus Christi Crime Control and Prevention District Budget; however, is it is not approved, the $11,245,362.00 will not be available. As a result, the 78 authorized Police sworn personnel and nine replacement vehicles, and equipment to support both will not be funded. FISCAL IMPACT: This item represents revenues in a total amount of $9,363,764.00 in Fund 9010 - Crime Control and Prevention District for FY 2026 to support $11,245,362.00 in expenditures which will allow for funding of 78 authorized Police sworn personnel, nine replacement vehicles, and equipment to support both. The FY 2026 Corpus Christi Crime Control and Prevention District Budget includes a $1,881,598.00 intentional drawdown of fund balance. The financial plan is to transition 15 police officer positions to the General Fund over the course of FY 2027 and FY 2028. FUNDING DETAIL: Fund: 9010 — Crime Control and Prevention District Organ ization/Activity: 11711 Mission Element: 051 Respond to calls for law enforcement services Project # (CIP Only): N/A Account: Various Amount: $9,745,362.00 Fund: 9010 — Crime Control and Prevention District Organization/Activity: 11717 Mission Element: 051 Respond to calls for law enforcement services Project # (CIP Only): N/A Account: Various Amount: $1,400,000.00 Fund: 9010 — Crime Control and Prevention District Organization/Activity: 80000 Mission Element: 051 Respond to calls for law enforcement services Project # (CIP Only): N/A Account: Various Amount: $100,000.00 RECOMMENDATION: Staff recommends approving the FY 2026 Corpus Christi Crime Control and Prevention District Budget, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Budget adopted by the Crime Control and Prevention District Board of Directors Ordinance approving the Corpus Christi Crime Control District budget for FY 2025-2026 beginning October 1, 2025, and ending September 30, 2026, with revenues in a total amount of $9,363,764.00 and expenditures in a total amount of$11,245,362.00 to fund 78 authorized Police sworn personnel and 9 replacement vehicles, and equipment to support both; and appropriating $11,245,362.00 in the Crime Control and Prevention District Fund. WHEREAS, the Crime Control and Prevention District Board held a public hearing on June 18, 2025, and adopted FY 2025-2026 budget in compliance with all legal requisites including notice of the public hearing published in a newspaper of general circulation in the district not later than 10 days before the hearing; and WHEREAS, a public hearing was held during a meeting of the City Council in compliance with all legal requisites including notice of the public hearing published in a newspaper of general circulation in the district not later than 10 days before the hearing. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2025-2026 budget for the Corpus Christi Crime Control and Prevention District is approved. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CITY OF CORPUS CHRIST[ TEXAS Crime ConttTW and Prrevenfl®n DR'st kt F Y 202S-2026 Adopted Budget C_ORpus C`HtISTI �J 1aOL4A >E DISTRICT Adopted June 18,2025 Crime Control&Prevention District FY 2024-2025 Year End Revenue& Expenditure Estimates Adopted Budget Original Amended Actuals Budget Budget Estimated Adopted Beginning Balance $ 6,953,626 $ 5,059,328 $ 6,529,107 $ 6,529,107 $ 4,010,456 Revenues Sales Tax $ 9,045,482 $ 9,280,101 $ 9,280,101 $ 9,281,841 $ 9,281,841 Interest on Investments 247,630 161,000 161,000 148,870 81,923 Net Inc./Dec.in FV of Investments 67,840 - - - - Sale of Scrap/City Property 5,568 - - - - Transfer from other fund 1,283 - - - - Total Current Revenues $ 9,367,803 $ 9,441,101 $ 9,441,101 $ 9,430,711 $ 9,363,764 Total Funds Available $ 16,321,429 $14,500,429 $ 15,970,208 $ 15,959,818 $ 13,374,219 Expenditures Police Officer Costs $ 9,324,651 $ 9,621,085 $ 9,642,485 $ 9,272,817 $ 9,745,362 Public Safety Vehicles&Equipment 467,671 1,400,000 2,119,242 1,942,695 1,400,000 Police Academy Costs - 750,000 750,000 633,850 - Reserve Appropriation - 100,000 100,000 100,000 100,000 Total Expenditures $ 9,792,322 $11,871,085 $ 12,611,727 $ 11,949,362 $ 11,245,362 Ending Balance $ 6,529,107 $ 2,629,344 $ 3,358,481 $ 4,010,456 $ 2,128,858 i Police Crime Control & Prevention District BudgetAdopted Expenditure Original Amended Actuals Budget Budget Estimated Adopted Salaries and Wages 5,265,765 5,439,260 5,269,145 5,263,621 5,365,299 Overtime 613,814 525,302 525,302 493,329 533,178 Other Pay 261,673 300,000 456,000 502,123 300,000 Retirement 1,506,290 1,502,958 1,502,958 1,488,418 1,472,092 Group Insurance Benefits 655,704 722,112 722,112 657,386 936,000 Other Employee Benefits 40,871 15,096 29,211 15,578 29,952 Clothing 60,699 91,054 91,054 54,838 91,054 Fuel & Lubricants 138,616 159,144 159,144 144,511 159,144 Minor Tools & Equipment 537,189 600,000 621,400 404,993 600,000 Minor Computer Equipment 72 - - 1,744 - Maintenance & Repairs 780 306 306 - 306 Pipe, fittings, drainage - - - 2,861 - Professional Services - 1,030 1,030 - 1,030 Vehicle Repairs 12 309 309 30 309 Rentals 2,036 - - - - Telephone/Telegraph Service 12,958 28,896 28,896 11,028 13,000 Equipment Maintenance - 1,030 1,030 - - Printing advertising & PR 998 - - - - Police Supplemental Insurance 9,438 9,588 9,588 9,360 9,588 Police Vision Insurance 9,842 6,348 6,348 5,929 6,348 Sworn Employee - Dental 27,945 30,444 30,444 28,860 30,444 Travel 734 - - - - Self Insurance Allocation 179,215 188,208 188,208 188,208 197,618 $9,324,651 $9,621,085 $9,642,485 $9,272,817 $ 9,745,362 FTES: FY 2023/2024 - 78 Police Officers FY 2024/2025 - 78 Police Officers FY 2025/2026 - 78 Police Officers General Liability provides funding for insurance that covers vehicles, mobile equipment, property, buildings via general liability &excess liability insurance, fleet catastrophic insurance and auto physical damage insurance. Workers Compensation pays for costs associated with work-related injuries. The program also provides funding to educate the workforce on safe work habits, develop safety programs & initiatives, and provide employees with training on the proper use of equipment &on how to protect themselves while working for the city. Risk Administration costs provide funding for the staff responsible for identifying the risk of loss faced by the City and developing cost effective strategies to avoid, prevent, transfer and finance such losses. The Risk Management Division is responsible for procuring insurance, administering general and auto liability claims, the workers' compensation process and the safety needs of the organization city-wide. Litigation Support costs are based on the salaries of the city attorneys and claim adjusters assigned to perform work on issues &cases associated to the Risk Management Department. Crime Control & Prevention District Public Safety Vehicles & Equipment - 11717 Adopted Original Amended Actuals Budget Budget Estimated Adopted Account Description 1 1 1 1 124-2025 202412025-2026 Minor Tools &Equipment 138,778 500,000 601,415 424,868 500,000 Other Debt Principal 171,445 - - - - Other Debt Interest 29,446 - - - - Vehicle Repairs - - 2,000 2,000 - Vehicles &Machinery 128,002 900,000 1,515,827 1,515,827 900,000 Totals $ 467,671 $1,400,000 $2,119,242 $1,942,695 $ 1,400,000 FY 2023/2024- 8 replacement vehicles FY 2024/2025 - 9 replacement vehicles FY 2025/2026 - 9 replacement vehicles Crime Control & Prevention District CCCCPD Police Academy • Adopted . - . Budget Original Actuals Budget Budget Estimated Adopted Minor Tools & Equipment - 750,000 750,000 633,850 - Totals $ - $ 750,000 $ 750,000 $ 633,850 $ - OriginalCrime Control & Prevention District Reserve Appropriation - 80000 Adopted Expenditure Budget Actuals Budget Budget Estimated Adopted Account Reserve Appropriation - 100,000 100,000 100,000 100,000 Totals $ - $ 100,000 $ 100,000 $ 100,000 $ 100,000 FY 2026 Proposed Budget Crime Control and Prevention District July 22, 2025 History & • On November4, 1997, voters established the Corpus Christi Crime Control and Prevention District (CCCPD) for five years beginning April 1, 1998. • Voters renewed the District on November 6, 2002 for five years • On April 14, 2007, voters renewed the District for ten years • On November 8, 2016, voters renewed the District for ten years • In November of 2026, the voters can approve to renew—CCCPD is set to expire on April 1, 2027 • In general,the District Board shall manage, control, and administer district funds • Not later than the 100th day before FY begins,the District Board shall hold a public hearing • Not later than the 80th day before FY begins,the District Board shall adopt a budget • City Council shall approve or reject the budget submitted by the board. City Council may not amend the budget. If City Council rejects the budget submitted by the board, City Council and the District Board shall meet to amend and approve the budget before the beginning of the fiscal year Budget Summary Revenues: • Crime Control and Prevention District is funded with one- eighth of one percent sales tax Expenditures: • FY 26 Proposed Expenditure Budget funds: 0 78 sworn police officer positions o $7,876 Overtime increase 0 9 marked police package vehicle replacements Budget Overview . AdoptedActuals Amended . Proposed Budget Budget Actuals Budget Beginning Fund Balance 6,953,626 5,059,328 6,529,107 6,529,107 4,010,456 Total Revenue 9,367,803 9,441,101 9,441,101 9,430,711 9,363,764 Total Expenditures 9,792,322 11,871,085 12,611,727 11,949,362 11,245,362 Ending Fund Balance 6,529,107 2,629,344 3,358,481 4,010,456 2,128,858 Revenues 2026 Actuals Adopted Amended roposed . Budget I Budget Budget Sales Tax Revenue 9,045,482 9,280,101 9,280,101 9,281,841 9,281,841 Interest on Investments 247,630 161,000 161,000 148,870 81,923 Net Inc./Dec. in FV of Investments 67,840 - - - - Sale of Scrap/City Property 5,568 - Transfer From Other Funds 1,283 - - - - Total 9,367,803 9,441,101 9,441,101 9,430,711 9,363,764 Expenditures . AdoptedActuals Amended . Proposed Budget Budget Actuals Budget Police Officer Costs 9,324,651 9,621,085 9,642,485 9,272,817 9,745,362 Public Safety Vehicles& Equipment 467,671 1,400,000 2,119,242 1,942,695 1,400,000 Police Academy Costs - 750,000 750,000 633,850 - Reserve Appropriation - 100,000 100,000 100,000 100,000 Total 9,792,322 11,871,085 12,611,727 11,949,362 11,245,362 lr�. FY 2026 Proposed Budget Crime Control and Prevention District Crime Control Board July 22, 2025 se c° H OORPORp11 1852 AGENDA MEMORANDUM Public Hearing/1st Reading Ordinance for the City Council Meeting of July 22, 2025 2nd Reading Ordinance for City Council Meeting July 29, 2025 DATE: July 11 , 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Interim Assistant City Manager danielmc(a)cctexas.com (361) 826-7011 Public Hearing and Ordinance regarding the City of Corpus Christi's FY 2026 Annual Action Plan CAPTION: Ordinance adopting the City Fiscal Year 2026 and U.S. Department of Housing and Urban Development (HUD) Program Year 2025 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of$2,746,956, the Emergency Solutions Grant (ESG) budget in the amount of$233,755, and the HOME Investment Partnerships Program (HOME) budget in the amount of $1,394,561 for a total of $4,375,272 annual HUD funding; authorizing the execution of all necessary documents to submit the AAP; authorizing a staff complement of 17 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary to implement the FY2026 PY 2025 AAP. SUMMARY: Public Hearing and Ordinance to adopt the Fiscal Year FY 2026/PY 2025 AAP, for citizens to provide comments on the proposed plan. The plan is required by HUD and describe the City's proposed activities for how CDBG, ESG, and HOME funds will meet local housing, homeless, and community development priority needs. At the July 22nd City Council Meeting, the Council discussed several options to modify the proposed Annual Action Plan spending among the different entities and programs within the Community Development Block Grant (CDBG). The final request by Councilmember Paxson was to have staff look at options for alternative funding sources for the generator and redirect $250,000 of the $500,000 to Rising Tide Ministries and Habitat for Humanity programs. Staff researched various grant management platforms and found a new state program that may be a good option in the future, but the grant application and eligibility rules have not yet been published. They are expected this year, but no specific date has been announced. Staff, however, identified $160,000 that was donated to the city related to the Fire Station #3 project on Morgan Avenue. The proposed modification to the CDBG spending would move $250,000 of the $500,000 proposed for the Ben Garza generator to the two Rising Tide Ministries programs, totaling $100,000 and $150,000 to Habitat for Humanity for their home repair program. This would leave $250,000 for the Ben Garza Generator within CDBG, with additional funds coming from the donation totaling $410,000. This would allow for the ordering of the generator, which has about a year-long lead time, and allow staff to find additional dollars that may be needed to cover overages. The $500,000 total number had built-in contingencies, so it's possible that the $410,000 could be enough to complete the project. BACKGROUND AND FINDINGS: As a HUD entitlement community, the City is required to submit a Five-year Consolidated Plan (ConPlan), and AAP to HUD. The ConPlan was adopted at the second reading on August 8, 2023. The ConPlan covers the program period of October 1, 2023, through September 30, 2028. The ConPlan components included stakeholder consultation, housing and homeless needs assessment, housing market analysis, local priorities, and the first year AAP covering October 1, 2023, through September 30, 2024. The priority needs for identified through the community outreach for the ConPlan are (in no particular order): ® Increase and Maintain Affordable Housing for Low Income Households through: Housing Repair and Rehabilitation Homebuyer Program and Builder Program New Construction Rental Housing (New Construction and Rehabilitation) Public Facilities/Infrastructure Improvements including: Improvements to Youth Centers Improvements to Neighborhood Facilities Park and Recreation Improvements Accessibility Improvements Curbs/Sidewalks/Street Improvements Addressing Homelessness/At-Risk of Homelessness for Households below 30% AMI Public Services/Programs Related to Healthy Outcomes for low-moderate income (LMI) households and senior services Public Services Related to LMI Households for Job Training and Employment Enhancement Programs Public Services Related to LMI Households for Code Enforcement Program Administration The FY 2026 AAP is the required annual update to the ConPlan that describes how the City will expend the annual allocations from HUD to meet the priority needs identified in the ConPlan. The FY 2026 AAP covering October 1, 2025, through September 30, 2026, is the third AAP in the five-year period. For FY 2026, the CDBG allocation is $2,646,956. Also, program income of $100,000 is available to augment funding levels for the CDBG program allocations for a total funding level of $2,746,956 for affordable housing and community development activities. The ESG program has $233,755 for FY 2026. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid Re-Housing activities. The HOME program will have an allocation amount of $1,144,561 from entitlement funds, with an additional $250,000 generated from program income for a total funding amount of $1,394,561 for affordable housing activities for the FY 2026 budget year. During the development of the FY 2026 AAP, public input opportunities included five public input sessions, one in each Council district, 23 consultations with public and private organizations, departments, and civic groups, a public comment period from June 16, 2025, through July 15, 2025, and a public hearing to be held during the July 22, 2025, regularly scheduled City Council meeting. ALTERNATIVES: Alternatives include not adopting the AAP or changing the project recommendations FISCAL IMPACT: The City is expected to receive $4,375,272 in federal funding for affordable housing, community development and homelessness. Funding Detail: CDBG and ESG Fund: 1059 Organization/Activity: Various Department: 24 Project#(CIP Only): N/A Account: Various HOME Fund: 9045 Organization/Activity: Various Department: 24 Project#(CIP Only): N/A Account: Various RECOMMENDATION: Staff is recommending the adoption and appropriation of the FY 2026 Annual Action Plan and funding allocations. LIST OF SUPPORTING DOCUMENTS: Ordinance FY 2026 Award Matrix FY 2026 Updated Award Matrix for CDBG only FY 2026 Annual Action Plan Presentation Ordinance adopting the City Fiscal Year 2026 and U.S. Department of Housing and Urban Development (HUD) Program Year 2025 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of $2,746,956, the Emergency Solutions Grant (ESG) budget in the amount of $233,755, and the HOME Investment Partnerships Program (HOME) budget in the amount of $1,394,561 for a total of $4,375,272 annual HUD funding; authorizing the execution of all necessary documents to submit the AAP; authorizing a staff complement of 17 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments, environmental review records, and other documents necessary for all departments to implement the FY2026 PY 2025 AAP. Whereas, the City has exceeded HUD regulations by conducting six public meetings during the development of the AAP, the public meetings were held on February 27, 2025, March 3, 2025, March 4, 2025, March 5, 2025, March 6, 2025, March 7, 2025, and March 13, 2025. A public hearing was held on July 22, 2025. All meetings were held at City Hall and at other locations across the City during which all interested persons were allowed to appear and be heard; Whereas, the Planning and Community Development Department sought input from local stakeholders and the general public to determine the community needs for HUD funding in AAP in stakeholder consultations with local groups; Whereas, the City Council has determined that enacting this Ordinance, which adopts the Fiscal Year 2026 AAP and appropriates the CDBG, HOME, and ESG annual allocations, would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY 2026 PY 2025 AAP which was presented to City Council along with this Ordinance is hereby adopted. Section 2. That the FY 2026 PY2025 AAP Allocations are accepted and appropriated: • Community Development Block Grant Fund 1059; $2,746,956 • Emergency Solutions Grant Fund 1059: $233,755 • HOME Investment Partnerships Program Fund 9045; $1,394,561 Section 3. That a staff complement of 17 positions is authorized to carry out the activities in the AAP. Section 4. That the City Manager or his designee is authorized to submit the City's FY 2026 PY2025 AAP to HUD. Section 5. That the City Manager or his designee is authorized to execute all documents, including related to environmental review records, necessary to accept and appropriate upon receipt the funding from HUD into the Grant Fund No. 1059 and Grant Fund No. 9045 for the FY2026 PY2025 AAP. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CITY OF CORPUS CHRISTI FY2026 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2026/PY2025 FY25/PY24 FY26/PY25 FY26/PY25 CDBG Entitlement $2,659,704 $2,646,956 $2,646,956 Reprogrammed Funds $1,810,033 $0 $0 Program Income $300,000 $100,000 $100,000 TOTAL FUNDS AVAILABLE $4,769,737 $2,746,956 $2,746,956 Previous • uested • Proposed 06.03.2025 Allocation Minor Home Repair Grant Program The Minor Home Repair Grant Program assists 35 homeowners with a grant to provide repairs involving the roof, plumbing,electrical, heating, minor structural repairs, and accessible ramps.The applicant must be at $1,143,530 $1,143,530 $889,079 least 62 years old or disabled. The applicant must meet the very low- income limits(50%AMI). 1 1 Program Income: $100,000 Code Enforcement Staffing Funding for five Code Enforcement Officers to complete inspections in low moderate income block groups where the enforcement together with public or private improvements, rehabilitation, or services may be $390,642 $402,361 $402,361 expected to arrest the decline of the area. 2 Neighborhood Cleanups Funding for five to 10 neighborhood cleanup campaigns for low-moderate $65,000 $70,000 $70,000 3 income block groups. Public Facility Projects Primary Public Facilities Project-Ben Garza Generator Construction ($491,519) Alternative Public Facilities Projects-Oak Park Recreation Center Roof and Other Improvements; New Bayview Cemetery Improvements; $1,339,963 $500,000 $500,000 Playground Improvement Design and Construction;Trail Design-, Pool Restoration (See CDBG Attachment) 4 Program Administration This request funds 5 FTEs. 1 Management Analyst at about 50%; 1 Contract Administrator at about 65%; 1 Grant Monitoring Program Coordinator at about 50%; 1 Community Development Program Coordinator at about 36%; 1 Assistant Director at about 45%.These staff are funded predominately from CDBG General Administration.The remaining percentages are funded from other funds. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine $356,785 $356,785 $356,785 funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. 5 1 Previous - • • Proposed 06.03.2025 Allocation Program Delivery This request funds the majority of 6 FTEs. 1 Program Manager at about 50%;2 Rehabilitation Specialists at about 100%; 1 Housing Program Coordinator at about 90%;2 Program Specialists at about 95%.These staff are funded predominately from CDBG Program Delivery.The remaining percentages are funded from other funds.The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Homebuyer Down Payment and Closing Cost Assistance Program, and Mortgage Servicing which manages the servicing of approximately 550 loans provided through the Single Family Rehabilitation Loan Programs. Services include collection of loan $528,731 $528,731 $528,731 payments,escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in-take, loan processing, loan settlement, construction monitoring, project estimating,and development of specifications and drawings. Staff must attend mandatory and required trainings to remain in federal compliance. 6 Rising Tide Ministries-Safe at Home Program Rising Tide Ministries will continue to provide a Minor Home Repair Grant "Safe at Home Program"to assist with a grant to improve aging-in-place outcomes for low-income older adults by making repairs to their home environment to meet their mobility and accessibility needs including $0 $50,000 $0 repairs such as accessible ramps, handrails, bathroom and kitchen modifications.The applicant must be at least 62 years old or disabled. The applicant must meet the very low-income limits(50%AMI). 7 Rising Tide Ministries-Wave Academy Rising Tide Ministries will continue to provide services through the Wave Academy program to offer assistance to low-to moderate residents seeking employment or better employment with Identification cards, $0 $50,000 $0 education, certification or tolls for employment.Through the program, residents will increase their earning potential and qualify of life. 8 Habitat for Humanity Corpus Christi (HFHCC)-Critical Repair Program HFHCC will provide a Critical Repair Program that aims to provide families who earn between 40%-80%of the AMI within the eligible census tract in $0 $150,000 $0 Corpus Christi with specific critical repairs. These include roofing, ramps, and other repairs that improve safety and qualify of life. 9 Corpus Christi Hope House(CCHH)-Facility Improvements CCHH is proposing to rehabilitate facilities at 630 Robinson Street and 658 Robinson Street and 3226 Reid Drive. Replace HVAC units and water heaters for energy efficient, EPA approved equipment.All facilities $0 $171,100 $0 are used to carry out program activities to serve homeless/at-risk of homelessness clients. 10 2 Previous Requested - • • Proposed 06.03.2025 Allocation Mission 911-Public Facility Improvements Mission 911 is proposing to renovate a 5,400 square foot public facility to enhance services for low-to moderate-income individuals and families in crisis.The expanded space will offer case management, emergency financial and rehousing assistance, and wraparound support,while also $0 $300,000 $0 housing a clothing closet and a dedicated community outreach room for gatherings, education, life skills courses and more. 11 HEB Tennis Complex and Pool Park Parking Lot and Improvements $794,386 $0 $0 12 land Other Amenities 13 IThe Salvation Army-Facility Improvements $150,700 $0 $0 TOTAL $4 769 737 $3 722 507 $2 746 956 3 CITY OF CORPUS CHRISTI FY2026 ANNUAL ACTION PRIMARY AND ALTERNATIVE PUBLIC FACILITIES Community Development Block Grant(CDBG) FY2026/PY2025 FY2026 Funds Available $500,000 PROJECT Public Facilities Projects In accordance with HUD technical assistance and written guidance on best practices for the timely expenditure of CDBG funds, Public Facilities are listed in two priority groups. Primary projects and activities have been chosen based on priorities outlined by the Parks & Recreation Master Plan,Area Development Plans, and the ability to expend funds in a timely manner. If Primary projects and activities are determined to be infeasible, ineligible, or untimely, a replacement from the Alternative list will be selected. Primary projects and activities may be reconsidered if project and activity conditions change. Costs presented here are estimated.Actual costs may be higher or lower. Primary Public Facilities Projects A. I Ben Garza Generator Construction for Trailer& Permanent Generator Install $ 500,000 Total Primary Public Facilities Improvements $ 500,000 Alternate Public Facilities Improvements A. Oak Park Recreation Center Roof $ 140,815 B. Westchester Park Playground Construction $ 400,000 C. New Bayview Cemetery Lighting and Other Improvements $ 300,000 D. Garcia Park Phase II Trail Design and Construction $ 500,000 E. Playground Improvements Design $ 200,000 1 Brookdale $ 50,000 2 Dr. H.P. Garcia $ 50,000 3 Wranosky $ 100,000 F. Greenwood Pool Renvovation for Shade, Restrooms, Resurfacing &Other Improvements $ 350,000 G. Chiquito Park Construction $ 350,000 Total Alternate Public Facilities Improvements $ 2,240,815 4 CITY OF CORPUS CHRISTI FY2026 ANNUAL ACTION PLAN Emergency Solutions Grant(ESG) FY2026/PY2025 FY25/PY24 FY26/PY25 FY26/PY25 $234,083 $233,755 $233,755 PROJECT& DESCRIPTIONProposedPrevious Year uested Allocation 06.03.25 Corpus Christi Hope House Hope House provides emergency shelter, homeless prevention assistance, rapid rehousing assistance, and other supportive services to the homeless and at- $116,527 $100,000 $108,112 risk of homelessness individuals in our community. 1 The Salvation Army To provide case management, food, shelter, homeless prevention, rapid rehousing and supportive $100,000 $100,000 $108,112 services to those who are homeless or at-risk of 2 homelessness. Mission 911 To provide homeless prevention, rapid rehousing and street outreach services to individuals and families at $0 $100,000 $0 risk of homelessness. 3 Program Administration Funds about 19%of Community Development $17,566 $17,532 $17,531 4 Coordinator Total $234,093 $317,532 $233,755 5 CITY OF CORPUS CHRISTI FY2026 ANNUAL ACTION PLAN HOME Investment Partnerships Program(HOME) FY2026/PY2025 FY25/PY24 FY26/PY25 FY26/PY25 HOME Entitlement $1,119,386 $1,144,561 $1,144,561 Reprogram $0 $ - $ - Program Income $250,000 $250,000 $250,000 TOTAL FUNDS AVAILABLE $1,369,386 $1,394,561 $1,394,561 PROJECT&DESCRIPTIONProposedPrevious Year uested Allocation 06.03.25 Palo Verde Senior Apartments(Danco) Palo Verde Senior Apartments will be a new construction affordable community for seniors.There will be 75 units in one 3- story elevator serviced building with a unit mix of 1-and 2- bedroom units. Featured amenities include a leasing office, $0 $1,000,000 $1,000,000 community room with pantry,multi-purpose activity room,a laundry facility,mail area,walking path,and dog park. Project 1 dependent on 9%LIHTC funding. Habitat for Humanity-Corpus Christi(HFHCC)(CHDO) Contruction of two single-family homes. HFHCC will select four low-income families who apply for the Program and provide them $0 $660,000 $255,105 with a low-interest mortgage to help applicants achieve 2 homeownership. Program Administration This request funds 1 FTE which is a Management Assistant at about 60%.This staff is funded predominately from HOME General Administration.The remaining percentage is funded from other funds.Administrative funds for staff planning,oversight, coordination,staff supervision,monitoring and evaluation, contracting, recordkeeping/reporting and overall program $136,939 $139,456 $139,456 management.Staff training and administrative expenses are also included in the request. Technical assistance will be provided to enhance the capacity of CHDO's,non-profits,owners/investors of rental property and other organizations that may participate in the program. 3 4 ISingle Family Rehbilitation $344,916 $0 $0 5 TG 110-Palms at Morris $587,531 $0 $0 come dream.come build.Homebuyer Assistance Program $300,000 $0 $0 6 Totals $1,369,386 $1,799,456 $1,394,561 6 CITY OF CORPUS CHRISTI FY2026 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2026/PY2025 FY26/PY25 FY26/PY25 FY26/PYY25 CDBG Entitlement $2,646,966 $2,646,966 $2,646,966 Reprogrammed Funds $0 $0 $0 Program Income $100,000 $100,000 $100,000 TOTAL FUNDS AVAILABLE $2,746,966 $2,746,966 $2,746,966 Proposed 0. Option Minor Home Repair Grant Program The Minor Home Repair Grant Program assists 35 homeowners with a grant to provide repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps. The applicant must be at $1,143,530 $889,079 $889,079 least 62 years old or disabled. The applicant must meet the very low- income limits(50%AMI). 1 Program Income:$100,000 Code Enforcement Staffing Funding for five Code Enforcement Officers to complete inspections in low moderate income block groups where the enforcement together with public $402,361 $402,361 $402,361 or private improvements, rehabilitation, or services may be expected to arrest the decline of the area. 2 Neighborhood Cleanups Funding for five to 10 neighborhood cleanup campaigns for low-moderate $70,000 $70,000 $70,000 income block groups. 3 Public Facility Projects Primary Public Facilities Project-Ben Garza Generator Construction ($491,519) Alternative Public Facilities Projects-Oak Park Recreation Center Roof $500,000 $500,000 $250,000 and Other Improvements; New Bayview Cemetery Improvements; Playground Improvement Design and Construction; Trail Design; Pool 4 Restoration (See CDBG Attachment) Program Administration This request funds 5 FTEs. 1 Management Analyst at about 50%; 1 Contract Administrator at about 65%; 1 Grant Monitoring Program Coordinator at about 50%; 1 Community Development Program Coordinator at about 36%; 1 Assistant Director at about 45%. These staff are funded predominately from CDBG General Administration. The remaining percentages are funded from other funds. Staff interprets CDBG, HOME, and ESG federal regulations,conducts public hearings/meetings, reviews proposed projects and activities to determine $356,785 $356,785 $356,785 funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. 5 Proposed 0. Option Program Delivery This request funds the majority of 6 FTEs. 1 Program Manager at about 50%; 2 Rehabilitation Specialists at about 100%; 1 Housing Program Coordinator at about 90%; 2 Program Specialists at about 95%. These staff are funded predominately from CDBG Program Delivery. The remaining percentages are funded from other funds.The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Homebuyer Down Payment and Closing Cost Assistance Program,and Mortgage Servicing which manages the $528,731 $528,731 $528,731 servicing of approximately 550 loans provided through the Single Family Rehabilitation Loan Programs. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in-take, loan processing, loan settlement, construction monitoring, project estimating, and development of specifications and drawings. Staff must attend mandatory and required trainings to remain in 6 federal compliance. Rising Tide Ministries-Safe at Home Program Rising Tide Ministries will continue to provide a Minor Home Repair Grant "Safe at Home Program"to assist with a grant to improve aging-in-place outcomes for low-income older adults by making repairs to their home environment to meet their mobility and accessibility needs including $50,000 $0 $50,000 repairs such as accessible ramps, handrails, bathroom and kitchen modifications. The applicant must be at least 62 years old or disabled. The applicant must meet the very low-income limits(50%AMI). 7 Rising Tide Ministries-Wave Academy Rising Tide Ministries will continue to provide services through the Wave Academy program to offer assistance to low-to moderate residents seeking employment or better employment with Identification cards, $50,000 $0 $50,000 education, certification or tolls for employment. Through the program, 8 residents will increase their earning potential and qualify of life. Habitat for Humanity Corpus Christi(HFHCC)-Critical Repair Program HFHCC will provide a Critical Repair Program that aims to provide families who earn between 40%-80%of the AMI within the eligible census tract in Corpus Christi with specific critical repairs. These include roofing, ramps, $150,000 $0 $150,000 and other repairs that improve safety and qualify of life. 9 Corpus Christi Hope House(CCHH)-Facility Improvements CCHH is proposing to rehabilitate facilities at 630 Robinson Street and 658 Robinson Street and 3226 Reid Drive. Replace HVAC units and water heaters for energy efficient, EPA approved equipment. All facilities are used to carry out program activities to serve homeless/at-risk of $171,100 $0 $0 homelessness clients. 10 Proposed 0. Option Mission 911-Public Facility Improvements Mission 911 is proposing to renovate a 5,400 square foot public facility to enhance services for low-to moderate-income individuals and families in crisis. The expanded space will offer case management, emergency financial and rehousing assistance, and wraparound support,while also $300,000 $0 $0 housing a clothing closet and a dedicated community outreach room for gatherings, education, life skills courses and more. 11 12 HEB Tennis Complex and Pool Park Parking Lot and Improvements $0 $0 $0 and Other Amenities 13 The Salvation Army-Facility Improvements $0 $0 $0 TOTAL $3,722,507 $2,746,956 $2,746,956 CAP U S Cyr • 4 OM �• ro. • • 7852 •''•8' n� Vol SJ3219' m.& Aida• ?&e € :r NIN _ --. 'hip :✓'iF� AAff Milt" YiY 1 0 ris i Annual Action Plan FY 2O26/PY 2025 October 1, 2025 - September 30, 2026 Executive Summary AP-05 Executive Summary- 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Corpus Christi (City) is a federal entitlement community under the U.S. Department of Housing and Urban Development(HUD).The City receives this designation through the application;administration, execution, and compliance of HUD funded programs by the City's Planning and Community Development Department (PCDD). As a HUD entitlement community, the City is required to prepare an Annual Action Plan (AAP) to implement federal programs that fund housing, community development and economic development. FY2026/PY2025 AAP represents the third year of the City's Five-Year Consolidated Plan for HUD Fiscal Years 2023-2028 as ratified by the City Council and accepted by HUD. The FY2026/PY2025 AAP is the City of Corpus Christi's application to HUD for entitlement grants and identifies the proposed programs and projects to be funded during the City's Fiscal Year (FY) 2025. The following three HUD entitlement grants are covered in the AAP: • Community Development Block Grant (CDBG):The primary objective of the CDBG program is the development of viable urban communities through the provision of improved living environments, expansion of economic opportunity, and suitable housing. Funds are intended to serve low and moderate-income residents and areas. • HOME Investment Partnerships Program (HOME): The HOME program is dedicated to increasing the availability,quality,and access to affordable and decent housing for low-income households. • Emergency Solutions Grant (ESG): The purpose of the ESG program is to assist individuals and families regain both temporary and permanent housing after experiencing a housing crisis or homelessness. The FY2026/PY2025 annual allocations will receive the following for the three grant programs:$2,646,956 in CDBG funds;$1,144,561 in HOME funds;and$233,755 in ESG funds. An additional$100,000 from CDBG Program Income and $250,000 in HOME Program Income is included.The total resources for the 3rd year of the Consolidated Plan are $4,375,272. The City also amended its citizen participation plan to allow for identifying and include backup projects that can be substituted if higher priority projects run into delays. This will streamline the substitution process while giving citizens the opportunity to provide input. This will assist with the City's intent to deobligate funds from a particular project and fund one or more others in its place and minimize the 1 impact of delayed project on the overall timeliness of programs. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment,the housing market analysis or the strategic plan. The Con Plan establishes the goals and objectives of the City's allocations programs. During development of the 2023-2027 Consolidated Plan, the following objectives and outcomes were identified for the strategic plan. The Strategic Plan provides a framework to address the needs of the City for the next five years using approximately$2.6 million in Community Development Block Grant (CDBG)funds, $1.1 million in HOME funds and $233,755 in ESG funds annually.The three overarching objectives guiding the proposed activities are: • Providing Decent Affordable Housing • Creating Suitable Living Environments • Creating Economic Opportunities Outcomes show how programs and activities benefit low-and moderate- income areas of a community or the people served.The three outcomes that will illustrate the benefits of each activity funded by the CDBG program are: • Improve Availability/Accessibility • Improve Affordability • Improve Sustainability Activities funded this year will support at least one objective and one outcome.The City's framework for realizing the objectives and outcomes include the following goals: • Increase and Maintain Affordable Housing for low-income households • Provide a Suitable Living Environment through public facilities and infrastructure improvements • Blight Removal • Provide public services and programs related to healthy outcomes for low-and moderate- income persons and households • Address Homelessness The City of Corpus Christi will allocate funding to meet the goals and objectives outlined in the Consolidated Plan. For PUS, the City will continue to invest entitlement funds to continue supporting the following: 2 1. Increase and Maintain Affordable Housing 2. Public Facilities 3. Code Enforcement 4. Homeless Prevention 5. Planning &Administration 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City continues to make strides towards its housing and community development goals set in the strategic plan and annual action plan. PCDD continues to successfully administer three (3) internal housing programs including: Homebuyer Closing Cost and Down Payment Assistance Program, Minor Home Repair Grant, and Single-Family Rehabilitation Loan Program. PCDD also carries out all monitoring successfully. PY24 projects focused on owner-occupied housing rehabilitation, increasing affordable housing types through new affordable senior housing; homebuyer assistance programs; improvement to public facilities for youth and senior services; neighborhood clean ups; homeless initiatives, and prevention and elimination of slum and blight. The City of Corpus Christi intends to continue funding its legacy projects such as the Minor Home Repair Program(MHRP),code enforcement, public facility improvements, homeless initiatives, multifamily rental affordable housing units and new construction of single-family residential affordable homes as there remains a high demand for those activities. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. A series of Public Meetings and Technical Assistance (TA) workshops for the City's FY2026/PY2025 AAP which include CDBG, ESG,and HOME Programs were conducted on February 27,2025, February 28,2025, March 3, 2025, March 4, 2025 and March 6, 2025. An additional open house meeting was held at City Hall on March 13, 2025 during business hours. TA meetings occurred on May 15, 2025. The purpose of the Public Meetings and TA workshops were to provide program information, receive comments concerning housing and community needs and answer questions regarding request for proposals and the overall application process.All interested persons of low-and moderate-income residing in CDBG eligible areas were invited to attend. A first reading public hearing for the FY2026/PY2025 will be held on July 22, 2025 during the scheduled City Council meeting to receive public comment. 3 Also,the City took part in several measures in an effort to broaden public participation. In addition to the public hearings/meetings, the City conducted several consultations via,one-on-one meetings, emails and calls with local stakeholders including affordable housing agencies, homeless service providers, social service providers, health care and mental health providers, and the Texas Balance of State Continuum of Care. The purpose of the public meetings was to assess needs and to obtain the views and comments of individuals concerning the City's housing and community development needs for the year and align with the 5-Year Con Plan priorities. In efforts to broaden citizen participation efforts, the public meetings and TA schedule was published in the Corpus Christi Caller Times, in both English and Spanish and posted on the City's webpage. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. During the consultation process, individuals representing government and policy makers, nonprofit organizations, affordable housing providers, housing developers, social service agencies, community development organizations, educational institutions, publicly funded institutions, and other interested parties were invited to participate to ensure that as many points-of-view as possible were heard (see attachment 1). FY2026/PY2025 comments will be included after public comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them 7. Summary In summary, the AAP has been developed with extensive community input as noted above and reflects the needs of the City. 4 AP-10 Consultation — 91.100, 91.200(b), 91.215(I) 1. Introduction Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The preparation of the Annual Plan involved outreach to an extensive number of local, regional and state organizations involved in providing housing, community development, economic development, broadband, civic organizations and social services in Corpus Christi. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families,families with children, veterans, and unaccompanied youth)and persons at risk of homelessness. The Homeless Resource Officer works actively with the local homeless coalitions in the Continuum of Care. City staff participate in regularly scheduled meetings and activities. The City often brings CDBG resources to the table to supplement Continuum of Care initiatives and distributes Emergency Solutions Grant funding to the various agencies that make up the Continuum of Care. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS City staff regularly collaborate with the Texas Balance of State Continuum of Care (TX BoS CoC), administered by the Texas Homeless Network (THN), and local service providers to integrate City resources into homeless services and shelter operations through ESG funding. Funding is based on agency needs and available resources. A Notice of Funding Availability(NOFA)was released on May 5,2025,with technical assistance workshops scheduled for May 15, 2025. The City coordinates annually with THN on ESG allocations and follows THN policies for HMIS administration as a member of the TX BoS CoC. The City partnered with THN and local coalitions to implement a Coordinated Entry System (CES), with The Salvation Army serving as the designated entry point for assessing housing and service needs. ESG performance standards and evaluation procedures are in place. City staff use an internal database to track ESG data, reconcile quarterly HMIS reports from funded agencies,and ensure proper data entry into HMIS and SAGE. The INFOR financial system is used to manage ESG budgets, payments, and activity closeouts. Data collected supports CAPER reporting. In PY24,the City updated its ESG Written Standards. 5 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities 6 Table 1—Agencies,groups,organizations who participated 1 Agency/Group/Organization Texas Balance of State Continuum of Care-Texas Homeless Network(THN) Agency/Group/Organization Type Continuum of Care What section of the Plan was addressed Homelessness Strategy by Consultation? Briefly describe how the Consultation was via an email and regularly Agency/Group/Organization was scheduled meetings.The anticipated outcome is to consulted.What are the anticipated gather data and information on the prioritization outcomes of the consultation or areas for standards for CoC programs and referred to Point improved coordination? In Time (PIT) resources and local providers. 2 Agency/Group/Organization CORPUS CHRISTI HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed Public Housing Needs by Consultation? Briefly describe how the Consultation was via an email.The consultation Agency/Group/Organization was provided input on CCHA housing and the ongoing consulted.What are the anticipated partnership with the city to provide affordable outcomes of the consultation or areas for housing.The PHA shared that the preferences for improved coordination? vouchers are being amended to make sure that those with the greatest need are being served. 3 Agency/Group/Organization United Corpus Christi Chamber Agency/Group/Organization Type Regional organization What section of the Plan was addressed Housing Need Assessment by Consultation? Economic Development Briefly describe how the Consultation was done online via email.The Agency/Group/Organization was anticipated outcome include better coordination consulted.What are the anticipated between the City and Civic group for better outcomes of the consultation or areas for understanding of community needs including improved coordination? affordable housing,job training, employment skills, homebuyer programs, and emergency shelter support. 4 Agency/Group/Organization CORPUS CHRISTI HOPE HOUSE, INC. Agency/Group/Organization Type Services-Children Services-Elderly Persons Services-homeless 7 What section of the Plan was addressed Homelessness Strategy by Consultation? Non-Homeless Special Needs Briefly describe how the Consultation was done via email.The anticipated Agency/Group/Organization was outcomes to determine the housing and social consulted.What are the anticipated service needs of homeless persons and better outcomes of the consultation or areas for coordination between the City and CCHH. improved coordination? Collaboration continues to improve. 5 Agency/Group/Organization The Salvation Army Agency/Group/Organization Type Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-homeless Services-Education Services-Employment Regional organization What section of the Plan was addressed Housing Need Assessment by Consultation? Homelessness Strategy Briefly describe how the Consultation was done through virtual meeting. Agency/Group/Organization was The anticipated to determine the housing and consulted.What are the anticipated social service needs of homeless persons and outcomes of the consultation or areas for better coordination between the city and the improved coordination? Salvation Army. The City worked closely with Salvation Army establish a Coordinated Entry System (CES). Collaboration continues to improve. 6 Agency/Group/Organization Family Endeavors Agency/Group/Organization Type Services-Persons with Disabilities Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing What section of the Plan was addressed Homeless Needs-Chronically homeless by Consultation? Homelessness Needs-Veterans Homelessness Strategy 8 Briefly describe how the Consultation was done via email.The anticipated Agency/Group/Organization was outcome includes better coordination with Family consulted.What are the anticipated Endeavors to serve additional Veterans who are outcomes of the consultation or areas for homeless or at risk of homelessness in Corpus improved coordination? Christi with prevention funding to maintain housing or rapid rehousing services to regain housing stability and mental health. 7 Agency/Group/Organization Corpus Christi Metropolitan Planning Organization Agency/Group/Organization Type Transportation What section of the Plan was addressed Homelessness Strategy by Consultation? Non-Homeless Special Needs Briefly describe how the Consultation was done via email.The anticipated Agency/Group/Organization was outcome is to gain a better understanding of consulted.What are the anticipated transportation needs of the low/mod community outcomes of the consultation or areas for and the transportation issues affecting the improved coordination? homeless population and other vulnerable communities in Corpus Christi. 8 Agency/Group/Organization Corpus Christi Independent School District Agency/Group/Organization Type Services-Education What section of the Plan was addressed Housing Need Assessment by Consultation? Homeless Needs- Families with children Homelessness Needs- Unaccompanied youth Briefly describe how the Consultation was done via an email.The Agency/Group/Organization was anticipated outcome is to gain a better consulted.What are the anticipated understanding of housing issues, homeless, outcomes of the consultation or areas for unaccompanied youth, and other needs of improved coordination? students in the Corpus Christi Independent School Districts. 9 Agency/Group/Organization Coastal Bend Wellness Foundation (CBWF) Agency/Group/Organization Type Services-Elderly Persons Services-Victims of Domestic Violence Services-homeless Services-Health Services-Education What section of the Plan was addressed Homelessness Needs- Unaccompanied youth by Consultation? Homelessness Strategy 9 Briefly describe how the Consultation was done via an email.The Agency/Group/Organization was anticipated outcome is to gather input on the consulted.What are the anticipated healthcare, mental health,foster care,victims of outcomes of the consultation or areas for Domestic and sex trafficking needs of the low- improved coordination? income and homeless populations that are served by Coastal bend Wellness Foundation. 10 Agency/Group/Organization Danco Communities, Palo Verde Senior Apartments Agency/Group/Organization Type Affordable Housing Developer What section of the Plan was addressed Housing Need Assessment by Consultation? Briefly describe how the Consultation was done through multiple meetings Agency/Group/Organization was and phone calls.The anticipated outcome is to help consulted.What are the anticipated to identify affordable rental housing needs and outcomes of the consultation or areas for how to help address the needs over the next year. improved coordination? 11 Agency/Group/Organization Corpus Christi Parks& Recreation Department Agency/Group/Organization Type Other government- Local What section of the Plan was addressed Non-Homeless Special Needs by Consultation? Briefly describe how the Consultation was done by in person meetings.The Agency/Group/Organization was anticipated outcome is to help to identify the non- consulted.What are the anticipated housing community development needs in the City outcomes of the consultation or areas for and how to potentially address them over the next improved coordination? year. 12 Agency/Group/Organization Spectrum Agency/Group/Organization Type Services- Broadband Internet Service Providers What section of the Plan was addressed Housing Need Assessment by Consultation? Briefly describe how the Consultation was done via an email and by phone Agency/Group/Organization was call.The anticipated outcome is to help to identify consulted.What are the anticipated the broadband needs of housing occupied by low- outcomes of the consultation or areas for and moderate-income households and how to improved coordination? potentially address them over the next year. 10 13 Agency/Group/Organization The Purple Door Agency/Group/Organization Type Services-Victims of Domestic Violence Services-Victims Non-Profit What section of the Plan was addressed Homeless Needs- Families with children by Consultation? Homelessness Strategy Briefly describe how the Consultation was done by email. The anticipated Agency/Group/Organization was outcome is to identify the needs of affordable consulted.What are the anticipated housing,youth center for violence prevention, outcomes of the consultation or areas for rapid rehousing, emergency shelter operational improved coordination? support, and efforts to develop a comprehensive approach to supporting homeless initiatives. 14 Agency/Group/Organization Corpus Christi Fair Housing (CCFH) Agency/Group/Organization Type Other government- Local What section of the Plan was addressed Housing Need Assessment by Consultation? Barriers to Affordable Housing Briefly describe how the In person consultation. CCHF transitioned open Agency/Group/Organization was Fair Housing to the State of Texas Workforce consulted.What are the anticipated Commission's Civil Rights Division, in the Fair outcomes of the consultation or areas for Housing office in Fort Worth,Texas. The improved coordination? anticipated outcome is to help to identify fair housing needs and how to help address the needs over the next year. 15 Agency/Group/Organization Nueces Center for Mental Health and Intellectual Disabilities Agency/Group/Organization Type Services-Health Non-Profit What section of the Plan was addressed Homelessness Strategy by Consultation? Special Needs Facilities and Services 11 Briefly describe how the Consultation was a phone call.The anticipated Agency/Group/Organization was outcome is to address the needs including consulted.What are the anticipated affordable housing, supportive services, rapid outcomes of the consultation or areas for rehousing, tenant based rental assistance and improved coordination? follow up care. MHID has joined City staff and other partners for weekly street outreach for persons who are homeless. The City has awarded MHID its state allocation of homeless funds to provide services. 16 Agency/Group/Organization City of Corpus Christi Police Department Agency/Group/Organization Type Other government- Local Public Agency Law Enforcement What section of the Plan was addressed Homelessness Strategy by Consultation? Briefly describe how the Consultation was done through a scheduled Agency/Group/Organization was meeting with the department.The anticipated consulted.What are the anticipated outcome is to understand the needs and outcomes of the consultation or areas for supportive services within the community. improved coordination? Specifically, how CCPD can secure support, shelter, and housing to reduce recidivism and have positive outcomes.Access to services such as case management, emergency shelter, mental health treatment, and substance use disorder treatment are important. 17 Agency/Group/Organization Coastal Bend Aging and Disability Resource Center Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities What section of the Plan was addressed Homelessness Strategy by Consultation? Briefly describe how the Consultation was done via email.The anticipated Agency/Group/Organization was outcome is to understand how to better serve consulted.What are the anticipated seniors and those with disabilities. outcomes of the consultation or areas for improved coordination? 18 Agency/Group/Organization Christus Spohn Hospital Corpus Christi-Shoreline Agency/Group/Organization Type Services-Health 12 What section of the Plan was addressed Homelessness Strategy by Consultation? Homeless Needs Assessment Briefly describe how the Consultation was done via an email.The Agency/Group/Organization was anticipated outcome is to provide affordable consulted.What are the anticipated housing, supportive services, street outreach, outcomes of the consultation or areas for transitional housing or hospice, respite care or improved coordination? hospital step-down. 19 Agency/Group/Organization Foster Angels Agency/Group/Organization Type Services-Health Non-Profit What section of the Plan was addressed Homelessness Needs- Unaccompanied youth by Consultation? Homelessness Strategy Briefly describe how the Consultation was done via an email.The Agency/Group/Organization was anticipated outcome is to coordination between consulted.What are the anticipated the City and the agency to establish a partnership outcomes of the consultation or areas for for homeless strategy to assist foster youth aging improved coordination? out of the foster care system and potential funding in the future. 20 Agency/Group/Organization Emergency Operations Center Agency/Group/Organization Type Other government- County Other government- Local Other government- Multi-Jurisdiction What section of the Plan was addressed Housing Need Assessment by Consultation? Hazard Mitigation 13 Briefly describe how the Consultation was done through a phone call. EOC is Agency/Group/Organization was responsible for developing Multi-Jurisdictional consulted.What are the anticipated Hazard Mitigation Action Plan.The Multi- outcomes of the consultation or areas for jurisdictional efforts include participation from City improved coordination? departments, regional and state agencies including Nueces County EOC, and City's EOC, Public Works, Engineering, Corpus Christi Fire Department, Corpus Christi Police Department, National Weather Services and NOAA.The anticipated outcome is to identify hazard issues associated with climate change, significant weather events including areas with increased flood risk. The City is engaged with multiple stakeholders and state and federal agencies about increasing the available water resources to Corpus Christi and hazard mitigation on a monthly basis and performs full scale exercises. 21 Agency/Group/Organization Corpus Christi Regional Economic Development Corporation Agency/Group/Organization Type Regional organization What section of the Plan was addressed Housing Need Assessment by Consultation? Economic Development Briefly describe how the Consultation was done online via email.The Agency/Group/Organization was anticipated outcome includes better coordination consulted.What are the anticipated between the City and Civic group for better outcomes of the consultation or areas for understanding of community needs including improved coordination? economic development opportunities, affordable housing,job training, employment skills, homeless initiatives. 22 Agency/Group/Organization Texas Health and Human Services Agency/Group/Organization Type Other government—State Other government-Publicly Funded Institution 14 What section of the Plan was addressed Services-Elderly Persons Services-Persons with Disabilities by Consultation? Unaccompanied Youth Veterans Foster Care and Other Youth Facilities Mental Health Health Care Facilities Briefly describe how the Consultation was done via email.The anticipated Agency/Group/Organization was outcome includes better coordination between the consulted.What are the anticipated City and publicly funded institutions for better outcomes of the consultation or areas for understanding of community needs including improved coordination? Foster Care, Mental Health and Health Care facilities and systems of care that may discharge persons into homelessness. 23 Agency/Group/Organization Agape Ranch Agency/Group/Organization Type Services-Foster Care Non- Profit What section of the Plan was addressed Services- Foster Care and Other Youth Facilities by Consultation? Services-Aged Out Foster Youth Services-Mental Health Services-Health Care Facilities Briefly describe how the Consultation was done via email.The anticipated Agency/Group/Organization was outcome includes better coordination between the consulted.What are the anticipated City for better understanding of community needs outcomes of the consultation or areas for for Foster Care,Aged out Foster Youth and systems improved coordination? of care that may discharge persons into homelessness. Identify any Agency Types not consulted and provide rationale for not consulting There were not any agencies specifically not consulted.The meetings were an open invitation to any organizations that wish to participate in the consultation process. 15 Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Texas Homeless Funding proposals in the Strategic Plan provide Continuum of Care Network assistance to preserving housing units and preventing homelessness. CC Parks, Recreation, & Strategic Plan goals for improving community Open Spaces Master City of Corpus Christi infrastructure provide assistance to parks& Plan recreational spaces that benefit low to moderate income residence of Corpus Christi. The Citizen Participation Plan was used to help Corpus Christi's Citizen City of Corpus Christi navigate citizen participation throughout the plan Participation Plan in order to gather community input on the goals for the strategic plan. Plan CC Comprehensive All Strategic Plan goals will support the City's Plan 2016 City of Corpus Christi Comprehensive Plan overall long-term community development vision. Nueces County Multi- Corpus Christi Office Strategic Plan goals were influenced by the issues Jurisdictional Hazard of Emergency identified in the Hazard Mitigation Plan. Mitigation Management Table 2—Other local/regional/federal planning efforts Narrative (optional) Internet Service providers participated in a consultation conducted for the AAP. In addition, the City consulted with the local library regarding the utilization of the library mobile hotspots available for checkout.A Federal Communications Commission (FCC) map was used to assess the broadband needs of housing occupied by low-and moderate-income households. The FCC National Broadband Map was provided to show the broadband internet service providers in Corpus Christi and provide data on the number of households with both fixed and mobile broadband internet. 16 AP-12 Participation —91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting A series of Public Meetings and Technical Assistance (TA) workshops for the City's FY2026/PY2025 AAP which include CDBG, ESG, and HOME Programs were conducted on February 27, 2025, March 3, 2025, March 4, 2025, March 5, 2025 and March 6, 2025. An additional open house meeting was held at City Hall on March 13, 2025 during business hours. TA meetings occurred on May 15, 2025. The purpose of the Public Meetings and TA workshops were to provide program information, receive comments concerning housing and community needs and answer questions regarding request for proposals and the overall application process.All interested persons of low-and moderate-income residing in CDBG eligible areas were invited to attend. A first reading public hearing for the FY2026/PY2025 will be held on July 22, 2025, during the scheduled City Council meeting to receive public comment. The City also undertook several measures in an effort to broaden public participation. In addition to the public hearings/meeting, the City conducted several one-on-one meetings, emails and calls with local stakeholders including individuals representing government and policy makers, nonprofit organizations, affordable housing providers, housing developers, social service agencies, community development organizations, educational institutions, publicly funded institutions, and other interested parties were invited to participate to ensure that as many points-of-view as possible were heard. The purpose of these actions was for needs assessment to obtain the views and comments of individuals concerning the City's housing and community development needs for the year and align with the 5-Year Con Plan priorities. 17 Citizen Participation Outreach Sort O Mode of O Target of Outreach Summary of Summary of Summary of URL rder utreach response/ comments (If attendance comments not accepted applicabl received and reasons e) February 27 District 1 (12 attendees), March 3 District Non- Comments 2 (11 attendees), Citizens targeted/broad will be March 4 District provided Public community included 1 3 (10 attendees), input on Meeting after public March 5 District community City Council comment 4 (10 attendees), needs. Districts period. March 6 District 5 (10 attendees), and March 13 (28 attendees) 18 A number of individuals from organizations whose mission involves housing in one facet or another provided feedback. Individuals representing government and policy makers, nonprofit organizations, affordable housing providers, All housing Participants comments developers, provided were community input on accepted. 2 Consultations Stakeholders development community See Citizen organizations, needs and Participation civic organizations, priorities. section for educational summary. institutions, and other interested parties were invited to participate to ensure that as many points-of- view as possible were heard. A complete summary of meeting minutes is included in the Citizen Participation Appendix. 19 Sort O Mode of O Target of Outreach Summary of Summary of Summary of URL rder utreach response/ comments (If attendance comments not accepted applicabl received and reasons e) Comments Comments Public Non- Hearing/First will be will be Public included included 3 targeted/broad Reading of Hearing community Ordinance: after public after public 7/22/2025 comment comment period. period. Comments Comments will be will be Non- Second Reading Council included included 4 targeted/broad of Ordinance: Agenda after public after public community 7/29/2025 comment comment period. period. Table 1—Citizen Participation Outreach 20 Expected Resources AP-15 Expected Resources— 91.220(c)(1,2) Introduction Anticipated Resources 21 Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative of Annual Program Prior Year Total: Amount Description Funds Allocation: Income:$ Resources: $ Available $ $ Remainder of ConPlan CDBG Public- Acquisition $2,646,956 $100,000 $0.00 $2,746,956 $5,332,156 The federal Admin and estimated Planning expected Economic amount Development available Housing for the Public remainder Improvements of the Con Public Plan is Services four times the 2025 annual allocation. Program Source Uses of Funds Annual Program Prior Year Total Expected Uses of of Allocation: Income: Resources:$ Amount Funds Funds $ Available Remainder of ConPlan $ HOME Public- Homeowner $1,144,561 $250,000 $ $ $2,213,597 The federal rehab estimated Multifamily expected rental new amount construction available Multifamily for the rental rehab remainder of the Con Plan is four times the 2025 annual allocation. Program Source Uses of Funds Annual Program Prior Year Total Expected Expected of Allocation: Income: Resources:$ Amount Amount Funds $ Available Available Remainder Year 1 of ConPlan ESG Public- Conversion $233,755 $ $ $233,755 $498,494 The federal and rehab for estimated transitional expected housing amount Financial available 22 Assistance for the Overnight remainder shelter of the Con Rapid re- Plan is housing four times (rental the 2025 assistance) annual Rental allocation. Assistance Services Transitional housing Table 1-Expected Resources—Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City plans to optimize HOME funds to supplement the Texas Department of Housing and Community Affairs' Low-Income Housing Tax Credit (LIHTC) projects, a trend expected to continue into FY2026/PY2025. The City will set aside 15 percent of HOME funds for specific activities to a Community Housing Development Organization (CHDO). The CHDO for FY26/PY25 is Danco Communities-Palo Verde Senior Apartments for the construction of 76-rental unit multifamily apartment community which will be at or below 60%AMI. Of the 76 units,8 units will be at 30%AMI, 16 units at 50%AMI and 51 units at 60% AMI. Out of the 76 units 1 unit will be designated for the manager of the development. The City is also carrying over accumulated HOME match funds from previous years to meet the 25%HOME match requirement. ESG funding will be fully matched (minus administrative costs) by each subgrantee. This year, the City is providing ESG funding to The Salvation Army (TSA) and Corpus Christi Hope House (CCHH). ESG funded agencies will match funds dollar per dollar through donations from private sources and salaries. Additionally, the City augments CDBG funds allocated for park or facility enhancements by allocating general funds towards project expenses or addressing improvements for parks not meeting CDBG criteria. For instance, the Nutrition Education Center, facilitating Meals on Wheels programs and serving as a disaster meal kitchen, receives support and multiple parks. PCDD actively pursues and acquires grants like the Homeless Housing and Services Program (HHSP) available through the State of Texas Department of Housing and Community Affairs (TDHCA). This strategic approach allows staff to leverage additional funding and focus efforts on homeless needs and foster local collaborations with social service agencies, developers, builder associations, private industry, educational institutions, hospitals, and City departments to devise policies aimed at removing barriers. 23 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Discussion The City continues using city-owned land to support affordable housing. In 2023, it sought development partners to revitalize the former Lamar Elementary site and nearby lots. Five developers responded, and with the City's support, Prospera secured tax credits to build 72 affordable senior units.The City also sold vacant lots to four nonprofit and for-profit builders for $10 each, with agreements to build 45-50 affordable homes within three years. Sales prices and rents will stay within HUD limits. The City also waived development fees and hosted outreach events through local venues to involve and inform residents. Additional funding was awarded to Habitat for Humanity and a local housing organization to support these efforts. Building on the success of attracting infill housing development to the former Lamar Elementary School site and vacant single-family lots in the surrounding neighborhood, the City is pursuing similar opportunities for other city-owned properties as well as partnering with other public agencies that own sites appropriate for infill housing development. 24 Annual Goals and Objectives AP-20 Annual Goals and Objectives Goal Summary Information Sort Goal Name Start End Category Geographic Needs Funding Goal Outcome Order Year Year Area Addresse Indicator d 1 Housing Repair 2023 2027 Affordable Citywide Increase CDBG: Homeowner Housing and $889,079.00 Housing Maintain Rehabilitated: Affordable 35 Household Housing Housing Units 2 Homebuyer and 2023 2027 Affordable Citywide Increase HOME: Homeowner Builder Program Housing and $255,105.00 Housing Added:2 Maintain Housing Unit Affordable Housing 3 Increase and Maintain 2023 2027 Affordable Citywide Increase HOME: Rental units Affordable Housing- Housing and $1,000,000.00 constructed:75 New Construction Maintain Household Affordable Housing Unit Housing 4 Public 2023 2027 Public CDBG Public CDBG: Public Facility or Facilities/Infrastructure Facilities Low/Mod Facility $500,000.00 Infrastructure Improvement Tracts Improvement Activities other s than Low/Moderate Income Housing Benefit:3900 Ben Garza Gym persons assisted 5 Homeless Emergency 2023 2027 Homeless Citywide Address ESG: Public service Shelter and Homelessne $216,224.00 activities other Operational Support ss than Low/Moderate Income Housing Benefit: persons assisted Public service activities for Low/Moderate Housing benefit: 88 Households Assisted 6 Code Enforcement 2023 2027 Non-Housing CDBG Increase CDBG: Housing Code Community Low/Mod and $402,361.00 Enforcement Development Tracts Maintain Foreclosed Affordable Property Housing Care:3900 2.Household Housing Unit 7 Senior Services 2023 2027 Non- Citywide Increase CDBG: Public service Homeless and $70,000.00 activities for Special Maintain Low/Moderat Needs Affordable a Income Housing Housing Public Benefit: 50 Services Households Assisted 8 Planning and 2023 2027 Administration Citywide Administratio CDBG: Administration n and $356,785.00 Planning HOME: $139,456.00 ESG: $17,531.00 26 Goal Descriptions 1 Goal Name Housing Repair Goal The Minor Home Repair Grant Program assists 35 homeowners with a grant to Description provide repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps.The applicant must be at least 62 years old or disabled. The applicant must meet the very low-income limits(50%AMI). 2 Goal Name Homebuyer and Builder Program Goal Habitat for Humanity is proposing to build two new single-family residential home Description for a low income family. 3 Goal Name Increase and Maintain Affordable Housing- New Construction Goal Construct 76 units of affordable senior housing at 5501 Huntwick Avenue. Project Description dependent on 9% LIHTC funding. 4 Goal Name Public Facilities/Infrastructure Improvement Goal Public Facilities/Infrastructure Improvement To Assist 3900 Persons. Installation of Description new generator at Ben Garza Gym. Generator is needed for public facilities located in low-to moderate-income block groups to ensure continued operation during power outages.This is essential to meet the needs of the community and to allow the facility to serve as an emergency shelter during severe weather events. 27 5 Goal Name Homeless Emergency Shelter and Operational Support Goal Corpus Christi Hope House (CCHH): $108,112 CCHH will provide emergency Description shelter(ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. CCHH is allocating$64,866 for ES, $25,000 for HP and $18,246 for RRH. Salvation Army$108,112:TSA will provide case management,food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically,TSA is allocating$60,000 for ES, $24,000 for HP and $24,112 for RRH. Approximately$4,000 of$60,000 is for Emergency Shelter Essential Services. ESG Grant Monitoring Admin: $17,531. 6 Goal Name Code Enforcement Goal Code Enforcement's "special effort" mission is to strengthen neighborhoods, by preventing the deterioration of housing and properties in all CDBG eligible areas, Description through the enforcement and abatement of code violations. The CDBG special activity is defined as a more concentrated effort to assist in housing rehabilitation and housing preservation in deteriorating areas, where combined with other public or private improvements, rehabilitation,or services,would be expected to prevent or eliminate slum and blighted conditions within the area. 7 Goal Name Neighborhood Cleanups Goal Neighborhood cleanups will be provided as part of senior services to support the Description preservation and enhancement of affordable housing for older adults. 8 Goal Name Planning and Administration Goal Planning and Administration for the CDBG, HOME,and ESG programs. Description 28 Projects AP-35 Projects— 91.220(d) Introduction The City of Corpus Christi receives funding from three federal grant programs, CDBG Program,the HOME, and the ESG Program.The FY2026/PY2025 annual allocations will receive the following for the three grant programs: $2,646,956 in CDBG funds; $1,144,561 in HOME funds; and $233,755 in ESG funds. An additional $100,000 from CDBG Program Income. Also, $250,000 in HOME Program Income is included. The total resources for the 3rd year of the Consolidated Plan are $4,375,272. Projects # Project Name 1 Grant Monitoring-Minor Home Repair Grant Program 2 Public Facilities-Ben Garza Gym 3 Code Enforcement Program Staffing 4 Neighborhood Cleanups 5 Grant Monitoring-CDBG Program Administration 6 Grant Monitoring-Program Delivery 7 Grant Monitoring- Emergency Solutions Grant (ESG) Program Administration 8 Emergency Solutions Grant- Projects 9 Habitat for Humanity-Single Family New Construction 10 Danco-Palo Verde Senior Apartments 11 HOME Grant Monitoring- Program Administration Table 1-Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The projects outlined above were chosen from a pool of project proposals aligned with the priorities set in the 2023-2028 Five-Year Con Plan.They address the needs identified in the public meetings and were prioritized based on available funding. Additionally, we took into account organizational competencies, favoring those organizations with a proven track record of successful project management when making selections. 29 AP-38 Project Summary Project Summary Information 1 Project Name Grant Monitoring- Minor Home Repair Grant Program Target Area Citywide Goals Supported Housing Rehabilitation Needs Addressed Increase and Maintain Affordable Housing Funding CDBG: $889,079 Description The Minor Home Repair Grant Program assists 35 homeowners with a grant to provide repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps.The applicant must be at least 62 years old or disabled. The applicant must meet the very low-income limits(50%AMI). Target Date 9/30/2026 Estimate the number 35 very low-income households and type of families that will benefit from the proposed activities Location Description Various locations within the city Planned Activities Repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps. 2 Project Name Public Facilities-Ben Garza Gym Target Area Citywide Goals Supported Public Facilities/Infrastructure Improvement Needs Addressed Public Facility Improvements Public Infrastructure Improvements Funding CDBG: $500,000 Description New generator is needed for public facilities located in low-to moderate-income block groups to ensure continued operation during power outages.This is essential to meet the needs of the community and to allow the facility to serve as an emergency shelter during severe weather events. Target Date 9/30/2026 30 Estimate the number The estimate number of people that will benefit from this project is and type of families 3900 persons. that will benefit from the proposed activities Location Description 1815 Howard Street Planned Activities Installation of new generator at Ben Garza gym. Generator is needed for public facilities located in low-to moderate-income block groups to ensure continued operation during power outages. This is essential to meet the needs of the community and to allow the facility to serve as an emergency shelter during severe weather events. 3 Project Name Code Enforcement Target Area Citywide Goals Supported Housing Rehabilitation Needs Addressed Increase and Maintain Affordable Housing Funding CDBG: $402,631 Description This request is to fund full salaries for five Code Enforcement Officers to complete inspections in low-moderate income block groups where the enforcement together with public or private improvements, rehabilitation, or services may be expected to arrest the decline of the area. All CDBG eligible census tracts in the city meet the HUD criteria for a deterioration area and meet the national objective of serving the low-income clients. Code Enforcement's "special effort" mission is to strengthen neighborhoods, by preventing the deterioration of housing and properties in all CDBG eligible areas,through the enforcement and abatement of code violations. The Code Enforcement Division utilizes CDBG funds to provide Code Enforcement activities within designated areas meeting low-income levels identified by HUD.These activities are a "special effort" in addition to the regular Code Enforcement activities provided citywide and funded by the general fund. The CDBG special activity is defined as a more concentrated effort to assist in housing rehabilitation and housing preservation in deteriorating areas,where combined with other public or private improvements, rehabilitation, or services,would be expected to prevent or eliminate slum and blighted conditions within the area. Target Date 9/30/2026 31 Estimate the number The estimated number that will benefit from this activity is 3000 and type of families households. that will benefit from the proposed activities Location Description Citywide Planned Activities Fund full salaries for five full-time employees in the Code Enforcement Division of Development Services 4 Project Name Neighborhood Cleanups Target Area Citywide Goals Supported Senior Services Needs Addressed Public Services Funding CDBG: $70,000 Description One-time or short-term efforts to remove trash and debris from neighborhoods. Examples include neighborhood cleanup campaigns and graffiti removal. Target Date 9/30/2026 Estimate the number 50 very low-income households and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities One-time or short-term efforts to remove trash and debris from neighborhoods. Examples include neighborhood cleanup campaigns and graffiti removal. 5 Project Name Grant Monitoring-CDBG Program Administration Target Area Citywide Goals Supported Planning and Administration Needs Addressed Administration and Planning Funding CDBG: $356,785 32 Description This request funds 5 FTEs. 1 Management Analyst at about 50%; 1 Contract Administrator at about 65%; 1 Grant Monitoring Program Coordinator at about 50%; 1 Community Development Program Coordinator at about 36%; 1 Assistant Director at about 45%.These staff are funded predominately from CDBG General Administration.The remaining percentages are funded from other funds. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. Target Date 9/30/2026 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description 1201 Leopard St. Corpus Christi,Texas 78401 Planned Activities Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME) and Emergency Solutions (HESG) Programs.Staff interprets CDBG, HOME and ESG federal grant regulations,conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon Federal Wage rate requirements. 6 Project Name Grant Monitoring- Program Delivery Target Area Citywide Goals Supported Planning and Administration Needs Addressed Administration and Planning Funding CDBG: $528,731 33 Description This request funds the majority of 6 FTEs. 1 Program Manager at about 50%; 2 Rehabilitation Specialists at about 100%; 1 Housing Program Coordinator at about 90%; 2 Program Specialists at about 95%. These staff are funded predominately from CDBG Program Delivery.The remaining percentages are funded from other funds.The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Homebuyer Down Payment and Closing Cost Assistance Program,and Mortgage Servicing which manages the servicing of approximately 550 loans provided through the Single Family Rehabilitation Loan Programs. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in-take, loan processing, loan settlement, construction monitoring, project estimating, and development of specifications and drawings. Staff must attend mandatory and required trainings to remain in federal compliance. Target Date 9/30/2026 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description 1201 Leopard St. Corpus Christi,Texas 78401 Planned Activities Fund staff 7 Project Name Grant Monitoring- Emergency Solutions Grant (ESG) Program Administration Target Area Citywide Goals Supported Homeless Emergency Shelter and Operational Support Needs Addressed Administration and Planning Funding ESG: $ 17,531 34 Description Corpus Christi Hope House(CCHH): $108,112 CCHH will provide emergency shelter(ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. CCHH is allocating$64,866 for ES, $25,000 for HP and $18,246 for RRH. Salvation Army$108,112:TSA will provide case management,food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically,TSA is allocating$60,000 for ES, $24,000 for HP and $24,112 for RRH. Approximately$4,000 of$60,000 is for Emergency Shelter Essential Services. ESG Grant Monitoring Admin: $17,531 Target Date 9/30/2026 Estimate the number Administration of ESG grant. and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Corpus Christi Hope House (CCHH): $108,112 CCHH will provide emergency shelter (ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. CCHH is allocating $64,866 for ES, $25,000 for HP and $18,246 for RRH. Salvation Army$108,112: TSA will provide case management, food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically, TSA is allocating$60,000 for ES, $24,000 for HP and $24,112 for RRH. Approximately$4,000 of$60,000 is for Emergency Shelter Essential Services. ESG Grant Monitoring Admin: $17,531 $ Project Name Emergency Solutions Grant- Projects Target Area Citywide Goals Supported Homeless Emergency Shelter and Operational Support Needs Addressed Address Homelessness Funding ESG: $ 216,223 35 Description Corpus Christi Hope House(CCHH): $108,112 CCHH will provide emergency shelter(ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. CCHH is allocating$64,866 for ES, $25,000 for HP and $18,246 for RRH. Salvation Army$108,112:TSA will provide case management,food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically,TSA is allocating$60,000 for ES, $24,000 for HP and $24,112 for RRH. Approximately$4,000 of$60,000 is for Emergency Shelter Essential Services. ESG Grant Monitoring Admin: $17,531 Target Date 9/30/2026 Estimate the number Salvation Army-4 very low- income persons and type of families Corpus Christi Hope House-72 very low-income Persons that will benefit from the proposed activities Location Description Citywide Planned Activities Corpus Christi Hope House(CCHH): $108,112 CCHH will provide emergency shelter(ES), homeless prevention assistance (HP), rapid rehousing assistance (RRH), and other supportive services to the homeless and at-risk of homelessness individuals in our community. CCHH is allocating$64,866 for ES, $25,000 for HP and $18,246 for RRH. Salvation Army$108,112:TSA will provide case management,food, shelter, homeless prevention, rapid rehousing and supportive services to those who are homeless or at-risk of homelessness. Specifically,TSA is allocating$60,000 for ES, $24,000 for HP and $24,112 for RRH. Approximately$4,000 of$60,000 is for Emergency Shelter Essential Services. ESG Grant Monitoring Admin: $17,531 Project Name Habitat for Humanity-Single Family New Construction Target Area Citywide Goals Supported Housing Rehabiliation Needs Addressed Increase and Maintain Affordable Housing Funding HOME: $ 255,105 Description Habitat for Humanity,will construct four new single-family affordable homes. HFHCC will select four low-income families who apply for the Program and provide them with a low-interest mortgage to help applicants achieve homeownership. Target Date 9/30/2026 36 Estimate the number 2 Low Income Households and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Construction of four new single-family residential affordable homes for low income families. 10 project Name Palo Verde Senior Apartments (Danco) Target Area Citywide Goals Supported Senior Services Needs Addressed Increase and Maintain Affordable Housing Funding HOME: $1,000,000 Description Construct 76 units of affordable senior housing at 5501 Huntwick Avenue. Out of the 76 units, 1 will be designated to the Manager of the development. Project dependent on 9% LIHTC funding. Target Date 9/30/2026 Estimate the number 75 families. and type of families that will benefit from the proposed activities Location Description 5501 Huntwick Avenue, Corpus Christi,Texas 78413 Planned Activities Construct 76 units of affordable senior housing at 5501 Huntwick Avenue. Out of the 76 units, 1 will be assigned to the Manager of the development. Project dependent on 9% LIHTC funding. 11 project Name HOME Grant Monitoring- Program Administration Target Area Citywide Goals Supported Planning and Administration Needs Addressed Administration and Planning Funding HOME: $ 139,456 Description n/a Target Date 9/30/2026 37 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities This request funds 1 FTE which is a Management Assistant at about 60%. This staff is funded predominately from HOME General Administration.The remaining percentage is funded from other funds. Administrative funds for staff planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in the request. Technical assistance will be provided to enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the program. 38 AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed Funding will be directed to qualified low- and moderate income (LMI) census tracts, in addition to other areas indirectly through assistance to LMI households who are income qualified for program funding. Other assistance for City and homeless facilities also are in the LMI census tracts. All the CDBG funding (100%)will benefit LMI clientele and areas. Geographic Distribution Target Area Percentage of Funds CDBG Low/Mod Tracts 100 Citywide 100 Table 1-Geographic Distribution Rationale for the priorities for allocating investments geographically Federal regulations specify that funds used for area benefit, as opposed to individual benefit, be targeted to census tracts where S1 percent or more of the population earns below 80 percent of the area median income.The target areas include those designated LMI tracts. Discussion The vast majority of the funding allocated to CDBG projects are targeted to the CDBG eligible LMI census tracts, either for parks, accessibility improvements, public service for qualified beneficiaries and new construction for LMI persons.An undetermined amount of funding will be allocated to projects within the CDBG tracts, to benefit and assist individuals/families who qualify for programs based on income. These projects include homebuyer assistance, minor repair, and homeowner rehabilitation. The percentage of CDBG funds which will go towards CDBG LMI census tracts is estimated to be 100%, with the exception of the funds that will go towards administration. It is estimated that all of the ESG funding will be used on projects within qualified CDBG tracts, but the assistance is not directed according to area benefit. 100%of ESG funding will benefit low-income homeless individuals, other than the percentage allowed for administrative funds. Likewise, the HOME funding may benefit the CDBG target area but is not directed according to area benefit. HOME funding will also benefit LMI eligible persons and families for all proposed projects other than administration costs which is 10%. 39 Affordable Housing AP-55 Affordable Housing— 91.220(g) Introduction The City will use its ESG, CDBG, and HOME funds to support rental assistance programs, minor home repairs, construction of new affordable housing, and down payment assistance.The one-year goals for affordable housing in the City for FY2026-PY2025 are as follows: One Year Goals for the Number of Households to be Supported Homeless 44 Non-Homeless 150 Special-Needs 6 Total 200 Table 6-One Yer Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 88 The Production of New Units 77 Rehab of Existing Units 35 n of Existing Units 0 [TEotal 200 Table 7-One Year Goals for Affordable Housing by Support Type Discussion The table describes the one-year goals specifically for the ESG, CDBG, and HOME Program funds as required by 91.220(g): ESG Rapid Rehousing Program: Provide housing relocation, stabilization services and short-and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation for households that are Literally Homeless. at-risk of homelessness. (44 households) ESG Homeless Prevention Program: Provide housing relocation, stabilization services and short-and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation for households At-Risk of Homelessness. (44 40 households) HOME Rental Housing Program—Palo Verde Senior Apartments: New construction of 76-rental unit multifamily apartment community which will be at or below 60%AMI. Of the 76 units, 8 units will be at 30%AMI, 16 units at 50%AMI and 51 units at 60%AMI. Out of the 76 units, 1 unit will be assigned to the manager of the development. (75 households). Habitat for Humanity: Habitat is proposing to construct a new single family residential affordable housing unit. Habitat for Humanity will select a low-income family and provide them with a low-interest mortgage to help applicant achieve ownership. Applicant selected will fall within the 40%-80% AMI bracket. (2 households). CDBG Minor Home Repair Program: Will assist homeowners with a grant to provide repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps. The applicant must be at least 62 years old or disabled. The applicant must be at or below 50% AMI. MHR program estimated beneficiaries for FY26-PY25 (35 households) The City continues using city-owned land to support affordable housing. In 2023, it sought development partners to revitalize the former Lamar Elementary site and nearby lots. Five developers responded, and with the City's support, Prospera secured tax credits to build 72 affordable senior units.The City also sold vacant lots to four nonprofit and for-profit builders for $10 each, with agreements to build 45-50 affordable homes within three years. Sales prices and rents will stay within HUD limits. The City also waived development fees and hosted outreach events through local venues to involve and inform residents. Additional funding was awarded to Habitat for Humanity and a local housing organization to support these efforts. Building on the success of attracting infill housing development to the former Lamar Elementary School site and vacant single-family lots in the surrounding neighborhood, the City is pursuing similar opportunities for other city-owned properties as well as partnering with other public agencies that own sites appropriate for infill housing development. In late 2017, the City of Corpus Christi completed its Assessment of Fair Housing (AFH). The City will continue to use the recommendations from the AFH as a tool for policy decisions. 41 AP-60 Public Housing— 91.220(h) Introduction Corpus Christi Housing Authority converted its units through RAD. Actions planned during the next year to address the needs to public housing Over the next year,the housing authority is addressing several capital needs including replacing HVAC systems, repairing and/or replacing elevators, and finishing construction of a maintenance building for more efficient operations. Actions to encourage public housing residents to become more involved in management and participate in homeownership Corpus Christi Housing Authority(CCHA)through its affiliate Thanksgiving Homes, is building homes below market value located in low-income areas. And the City is providing fee waivers for some of these homes.The CCHA has a Resident Commissioner on their five person Board of Commissioners that governs the CCHA.The Commissioners review legal matters, property matters,financial matters, and personnel matters.The CCHA refers tenants that are interested in homeownership to the Thanksgiving Homes purchase program and the City's downpayment assistance program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion N/A 42 AP-65 Homeless and Other Special Needs Activities—91.220(i) Introduction The City is an active participant in the Homeless Issues Partnership, Inc, (HIP).The Corpus Christi Housing Resource Officers serves as a board member. The City continues to work with HIP to identifying eligible activities for the FY2025-2026 Annual Action Plan. The City is a participating member of the Balance of State Continuum of Care modernization work group partnering with the Texas Homeless Network and other agencies across the state to address homelessness. The special needs population includes individuals having mobility impairments, disabilities,or that require supportive services.Typically,this population has severe or persistent mental illness,development and/or physical disabilities. Several organizations provide facilities and services for special needs populations in Corpus Christi. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Multiple service providers provide street outreach. These include substance use disorder treatment, medical services, day services, transitional housing, shelter, mental health services, etc. The local homeless coalition hosts a resource fairs for unsheltered persons where persons are assessed and signed up for services and programs in the field and appointments are made for follow up services. The City's Homeless Resource Officer conducts street outreach inquiring about the goals of the unsheltered persons and making connections to services like ID recovery, mental health program appointments, VA appointments, etc. Each January,the Homeless Issues Partnership conducts a Point-in-Time(PIT)count of the City's sheltered and unsheltered homeless in coordination with Texas Homeless Network and Balance of State to ascertain the number and characteristics of the homeless population and to assess their needs. CES is designed to account for the diversity of needs of people experiencing homelessness, urgently responds to these needs with permanent housing solutions, and successfully incorporates the housing, healthcare, and employment systems. This community response will ensure an accessible and navigable set of entry points; a universal assessment for all person requesting assistance; and effective and appropriate connections to housing and services for all populations. Addressing the emergency shelter and transitional housing needs of homeless persons The funding requested for FY 2026/PY 2025 will support the programs at Salvation Army that provide emergency shelter, homeless prevention, and rapid re-housing services to the ever-increasing number of 43 homeless, poor, and working poor in the community. The funding requested for Hope House will provide assistance and Emergency Shelter to homeless families, specifically, homeless women with children and provide assistance to keep individuals and families at-risk of homelessness stably housed through Homeless Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance, as well as Case Management. Budgeting classes will also be offered for clients receiving Homeless Prevention and Rapid Rehousing Assistance. Also, the City works with privately funded Good Samaritan Rescue Mission with individual referrals for unsheltered persons needing assistance and emergency shelter during weather emergencies. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Proposed funding for the ESG program includes activities targeting improvements in the areas of rapid rehousing, discharge planning, and homeless prevention. The Salvation Army will continue to provide food, shelter, case management, and supportive services including coordinated entry, homeless prevention, and rapid re-housing to homeless and at-risk individuals, families, and veterans. Funding requested will also support Coordinated Entry. Corpus Christi is a recipient of state Homeless Housing and Services Program funding to serve those literally homeless or at-risk of homelessness. The City, through competitive application process, has awarded these funds to Mission 911. Funds are provided for rental expenses and case management to help people become and stay housed. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The implemented Coordinated Entry System (CES) should assist greatly in identifying issues that impact homelessness and end the "recycling" of persons who are prone to bouts of homelessness. The City also contributes to homeless prevention through the funding of Corpus Christi Hope House and The Salvation 44 Army. Hope House seeks to provide stable housing for individuals at risk of homelessness and transition individuals and families out of homelessness into permanent housing through the rapid rehousing program. The Salvation Army provides emergency shelter support and rapid rehousing as well for homeless individuals and those at risk of homelessness The City collaborates with external agencies to make funding available and establishes partnerships with both public and private local organizations in various sectors, including social services, health, mental health,foster care,youth facilities, and corrections programs to help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families. Homeless Resource Officer closely collaborates with the Crisis Intervention Team and multiple agency partners in coordinated outreach endeavors to assist the most vulnerable population daily. Moreover, the Planning and Community Development Department assists in inclement weather planning by collaborating with CCPD, Animal Care Services, local shelters, hospitals, and mental health institutions to guarantee transportation and shelter availability. 45 AP-75 Barriers to affordable housing— 91.220(j) Introduction: As part of the Consolidated Plan process, barriers identified included inadequate supply of affordable housing, in addition to the high cost of housing in the City - for low-income persons (paying more than 30%of household income for housing), is the major housing problem in the area. These barriers are interconnected. Demand for affordable housing exceeds the supply, insufficient resources are available to increase the supply of affordable housing resulting in renter households carrying a housing cost burden in excess of 30 percent of AMI and/ or living in areas with low access to opportunities and high exposure to adverse community factors. Additionally, The City actively works to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment To encourage lower-cost housing production, the City has identified various incentives for property owners and developers. Among these incentives are modifications to development standards, reduced development fees, expedited permit processing to allow provisions for eligible building code variances and emergency post disaster emergency construction of Minor Home Repair and Single-Family Rehabilitation programs funded by HUD,and incentives for the construction of affordable homes through the City's Infill Housing Incentive Program (IHIP). Over the past few years,the City's Planning and Community Development Department (PCDD) has continued to reduce barriers to affordable housing through several key initiatives: • Leveraged city-owned property by partnering with developers to produce affordable housing. In PY2025,the City awarded local nonprofits, regional developers, and other stakeholders to form a public-private partnership to develop affordable housing at the former Lamar Elementary site and nearby parcels.The City will continue to partner with potential developers to leverage City owned property. • Continued collaboration with the Development Services Department to streamline permitting, allow eligible building code variances, and support post-disaster emergency repairs for HUD- funded Minor Home Repair and Single-Family Rehabilitation programs. • Updated internal housing program policies to align with revised local building codes, including those related to accessory uses, structures, and accessory dwelling units. 46 • Through City Ordinance, Development Services offers nonprofits up to a 50% discount on pre- development permit fees for affordable housing projects. It is important to note that the primary challenges facing jurisdictions in the region, including Corpus Christi, in recent years have been non-governmental barriers—chiefly market-driven factors such as high land and construction costs and elevated housing prices—rather than public policy. While the City has limited capacity to directly address these issues, it does so to the extent possible through housing initiatives outlined in the Annual Action Plan and through its affordable housing goals and policies. Discussion: As part of the 2023-2028 Consolidated Plan, the City will implement the goals and supported strategies identified and update the City's Analysis of Impediments and Fair Housing Action Plan within the next five years to include revised strategies for addressing fair housing challenges. 47 AP-85 Other Actions— 91.220(k) Introduction: The City continues to work toward implementation of the strategic plan included in City's Five-Year Consolidated Plan for HUD Fiscal Years 2023-2028. This section of the AAP describes the City's planned actions to carry out the following strategies outlined in the Strategic Plan: • Foster and maintain affordable housing, • Rehabilitate housing for existing homeowners • New construction of multifamily residential rental units for senior citizens and • Public Facility Improvements • Code Actions planned to address obstacles to meeting underserved needs The City continues to expand its outreach efforts to underserved communities, both through official channels and through partnerships with community organizations. The City is revamped its community engagement process and increased the number of meetings available for citizen participation. A total of six public meetings were held,including an additional open house meeting held at City Hall during business hours. A first reading public hearing for the FY2026/PY2025 will be held on July 22, 2025 during the scheduled City Council meeting to receive public comment as noted in AP-OS. These efforts are aimed at soliciting input from traditionally marginalized groups in Corpus Christi about their needs and community priorities. The City of Corpus Christi intends to continue funding its legacy projects such as the Minor Home Repair Program (MHRP), the Single Family Rehabilitation Loan Program (SFR), code enforcement, public facility improvements, homeless initiatives and multifamily rental affordable housing units and new construction of single-family residential affordable homes as there remains a high demand for those activities as indicated in AP-05. The City will continue those activities to both help public and private housing and social service agencies to better serve Corpus Christi residents. This includes maintaining its current robust network of jurisdictional- and region-wide public and nonprofit services providers. Additionally, this includes understanding and assistance together with the Consolidated Plan Goals and Strategies, the City's competitive application processes and forms, requirements for grant implementation and reporting, and grant close-out and success. Actions planned to foster and maintain affordable housing As stated through this Action Plan and the 2023-2028 Con Plan, housing is a high priority for the City. 48 Accordingly,the City prioritizes the use of CDBG and HOME funding to address homelessness,and for the development of affordable housing that serves low-income households, including preservation, conservations and Tenant Based Rental Assistance. The major City goal is to preserve and expand the supply of affordable housing including new construction of multifamily rental units.The City strongly supports the Low Income Housing Tax Credit applications of affordable developments in the city and uses its HOME allocation for these types of developments to preserve existing market affordable rental housing and construct new committed affordable rental housing. To that end, the City will be providing HOME funds to Danco for the Palo Verde Senior Apartments.The project consists of the new construction of 76-rental unit multifamily apartment community which will be at or below 60%AMI. Of the 76 units, 8 units will be at 30%AMI, 16 units at 50%AMI and 51 units at 60%AMI. Out of the 76 units, 1 unit will be assigned to the manager of the development for a total of 75 units for seniors. The City will also continue provide CDBG funds forthe MHRP and HOME funds to the Habitat for Humanity as listed above as the program remain in high demand. Actions planned to reduce lead-based paint hazards The City addresses the issue of lead-based paint hazards (LBP) hazards by providing notices to the homeowner that participate in the Minor Home Repair Program, and participants in other programs, warning them of the hazards of LBP. The notice is generated by the Neighborly housing software platform where the homeowner acknowledges receipt of the LBP informational pamphlet. All homeowner occupied units that are rehabilitated with CDBG and HOME funds are subject to LBP compliance requirements. Through the creation of new affordable housing units, households reside in LBP free units. The City provides LBP hazard screening on all housing rehabilitation projects funded by CDBG and HOME.The City will continue these efforts during FY2026/PY2025 AAP. Actions planned to reduce the number of poverty-level families The implementation of CDBG activities meeting the goals established in the Five Year 2023-2028 Con Plan and this year's FY2026/PY2025 Annual Action Plan will help to reduce the number of poverty-level families by: • Supporting activities that expand the supply of housing that is affordable to low-and moderate- income households • Supporting activities that preserve the supply of decent housing that is affordable to low-and moderate-income households. • Supporting housing preservation programs that assure low-income households have a safe, 49 decent, and appropriate place to live; and • Supporting new construction of multifamily residential units for senior citizens Actions planned to develop institutional structure Affordable housing activities are administered by PCDD; specifically responsible for coordinating CDBG, and HOME and conducting program compliance. PCDD continues to collaborate with organizations to achieve the outcomes included in the plan. The City amended its citizen participation plan to allow the City to identify and include backup projects that can be substituted if higher priority projects run into delays. This will streamline the substitution process while giving citizens the opportunity to provide input. The will assist with the City's intent to deobligate funds from a particular project and fund one or more others in its place and minimize the impact of delayed project on the overall timeliness of programs. Actions planned to enhance coordination between public and private housing and social service agencies The City has a long track record of successful partnerships among public and private sector entities. The delivery system for the HUD grant programs is no exception. Communication and cooperation between the City's Planning and Community Development Department and the partner agencies and organizations that administer activities is strong. City staff continues to work closely with the other organizations to improve regulatory compliance, monitoring, cooperation and partnerships among agencies and technical capacity of organizations involved in project delivery. To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low-and moderate-income residents in Corpus Christi, particularly the CDBG Target Areas. The City continues to work with potential private nonprofit organizations and for-profit developers to acquire, develop, build, and rehabilitate affordable units by leveraging City owned property. In 2023, it sought development partners to revitalize the former Lamar Elementary site and nearby lots. Five developers responded, and with the City's support, Prospera secured tax credits to build 72 affordable senior units. The City also sold vacant lots to four nonprofit and for-profit builders for $10 each, with agreements to build 45-50 affordable homes within three years. Sales prices and rents will stay within HUD limits. The City also waived development fees and hosted outreach events through local venues to involve and inform residents.Additional funding was awarded to Habitat for Humanity and a local housing organization to support these efforts. Building on the success of attracting infill housing development to the former Lamar Elementary School site and vacant single-family lots in the surrounding neighborhood, the City is pursuing similar 50 opportunities for other city-owned properties as well as partnering with other public agencies that own sites appropriate for infill housing development. The City also relies on nonprofit service sector to provide much of its homeless services, including operation of emergency shelters, safe parking, day services, street outreach, and the provision of rental assistance, legal services, and other supportive services for people experiencing or at-risk of homelessness, all further described in AP-10. Discussion: In the implementation of the FY2026/PY2025 AAP, the City will invest CDBG resources to address obstacles to meeting underserved needs,foster and maintain affordable housing, reduce lead- based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies. 51 Program Specific Requirements AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: Single Family Rehabilitation program applicant(s) will submit a complete application with required program documentation for all household members. Program required documents include the Six consecutive paystubs for adult household members and all other income such as social security income, pension,child support,etc. If a household member over the age of 18 is working and is a full-time student including proof the household member is a full-time student. Proof of Assets: Six months of checking account statements, current Savings account statement and proof of any other assets. Once the application is complete, staff will review the file to determine if the household qualifies for the program. Currently the Single Family Rehabilitation Program application process is closed and we continue to service a waitlist. Danco, Palo Verde Senior Apartments has a tenant selection policy in place including plans and procedures for marketing units, Achieving and Maintaining Full Occupancy, and Meeting Affirmative Fair Housing Marketing Plan Requirements (HUD Form 93S.2. The Agent will advertise units in the local newspapers, distribute flyers, post banners, etc. as needed to meet the needs of the market to sustain maximum occupancy and an adequate waiting list. During the initial lease up of a property, a Multifamily Housing Marketing&Lease up Plan agreed to bythe Ownerwill be put in place to address pre-marketing and other duties and efforts to effectively lease up of the property within timeframes desired by Owner. In the event the application process, screening criteria or other tenant selection criteria during the initial lease up period differs from those set forth in this Management Plan, they will be set forth in the Multifamily Housing Marketing and Lease up Plan. The annual advertising campaign will comply fully with the Affirmative Fair Housing Marketing Plan (AFHMP). Through advertising and other outreach efforts set forth in the AFHMP, Agent will attempt to reach persons who are least likely to apply. By using the outreach efforts outlined in the AFHMP Danco will achieve and maintain the highest level of occupancy reasonably obtainable. Agent's telephone number will be posted on the sign on the premises. Whenever the Agent's telephone number or the project telephone number is given,the State's Relay System telephone number will also be given so that individuals with a hearing impairment can access rental information. The State's Relay System is available 24-hours a day and is free to the public. Additional Marketing will be conducted as needed using any or all of the methods outlined in the AFHMP, or other effective methods including flyers, approved rent incentives, radio, public access television, brochures, etc. All advertising will contain the appropriate Equal Housing Opportunity and handicap accessibility statements or logos and the State's Relay System telephone number. Where a significant number of persons in the area of the rental housing development have limited fluency in English publications and the affirmative marketing will be provided in the appropriate language. Advertising for Elderly projects will be marketed to and advertised as affordable housing for individuals 52 "55 or older". 53 Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $100,000 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: $100,000 Other CDBG Requirements 1.The amount of urgent need activities 0 2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one,two or three years may be used to determine that a minimum overall benefit of 70%of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 75% 54 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City is not using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The City of Corpus Christi uses both resale and recapture provisions in its HOME Homebuyer Assistance Program, in compliance with 24 CFR 92.2S4.The choice between resale or recapture depends on the type of subsidy provided for each HOME-assisted unit. • Resale Provision is required when only a Development Subsidy is used to make the home affordable. ■ A Development Subsidy helps cover costs related to construction or development, without providing direct financial assistance to the homebuyer. ■ Since the homebuyer does not receive direct HOME funding, the property must remain affordable for future income-eligible buyers through resale restrictions to ensure long-term affordability. • Recapture Provision applies when both Development Subsidies and Direct Homebuyer Assistance are provided. ■ A Direct Subsidy includes financial assistance provided on behalf of the homebuyer that enables them to purchase a HOME-assisted unit, such as down payment assistance or closing cost aid. ■ Because the homebuyer benefits from direct HOME funding, the City of Corpus Christi can recapture some or all of the HOME subsidy if the home is sold before the affordability period expires. ■ Recaptured funds will be reinvested into HOME-eligible activities to support affordable housing initiatives. Each Homebuyer Agreement will specify whether resale or recapture provisions apply based on the project's specific funding structure, in accordance with 24 CFR 92.254. 55 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds?See 24 CFR 92.254(a)(4) are as follows: The Homebuyer agrees to comply with all applicable requirements of the HUD Affordable Housing Homeownership statutes and regulations, including but not limited to 24 CFR §92.254, specifically §92.254(a) "Qualification as Affordable Housing: Homeownership," as amended, of the Code of Federal Regulations. The Homebuyer also agrees to follow all federal, state, and local laws, regulations, and requirements related to the HOME Investment Partnerships Program. The housing unit being purchased must be a single-family residential unit,which may include a house, condo,townhome, or manufactured home. Funds will not be provided for properties with multi-units (e.g., duplex, tri-plex, quad-plex, etc.). In accordance with 24 CFR §92.254(a)(2)(iii), the housing must be modest, meaning the maximum sales price cannot exceed 95%of the median purchase price for the area. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: Currently, the City has no projects in this category. 5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(I)(2)(vii)). N/A 6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness)will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(I)(2)(vii)). N/A 7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(I)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a). N/A 56 Emergency Solutions Grant (ESG) Reference 91.220(I)(4) 1. Include written standards for providing ESG assistance (may include as attachment) 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. In the Texas Balance of State Continuum of Care (TX BoS CoC), Coordinated Entry (CE) is managed by multiple parties from the CoC level to the regional level.The CoC level parties include the TX BoS CoC Board,Texas Homeless Network,and the Coordinated Entry Steering Committee.At the regional level, the CE process is supervised by each region's Coordinated Entry Planning Entity. Given its large geographical size, the TX BoS CoC has taken a regional approach to administer Coordinated Entry. By designating regions, local communities are able to play an important role in assessing and communicating their specific needs.This allows the TX BoS CoC to better understand how to best assist every community. Across all 18 designated CE regions, the CE process operates similarly and involves Entry Points, Assessors, and Receiving Agencies. In Corpus Christi,The Salvation Army is the lead Coordinated Entry point. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City makes the ESG allocation available to private nonprofit organizations through a competitive Notice of Funding Availability (NOFA). The NOFA is announced on the website and through a public notice in the local newspaper. The City holds a technical workshop to answer questions about the application and process. The application period is open for at least 30 days. Submitted applications are reviewed for risk, impact, and eligibility. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City requires non-profits participating in the ESG program to have homeless representatives on their boards of directors.This is monitored on an annual basis. 5. Describe performance standards for evaluating ESG. The City evaluates the performance of ESG through the comparison of proposed beneficiaries compared to actual beneficiaries and the compliance with federal, state, and local rules and 57 regulations related to ESG.Sub-grantee evaluation includes monitoring that begins with the attached Agency Monitoring Standards. Based on the questionnaire answers, payment request supporting documentation,and HMIS reporting,the City evaluates the performance and compliance for ESG.(See Citizen Participation Packet appendix) 58 Citizen Participation Plan Appendix LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 4S263-1667 GANNETT AFFIDAVIT OF PUBLICATION_ Leticia Kanmore City of Corpus Christi-Purchasing 1201 Leopard ST Corpus Christi TX 78401-2120 STATE OF WISCONSIN, COUNTY OF BROWN The Corpus Christi Caller-Times, a newspaper published in the city of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas,Bee,Brooks, Duval,Jim Hogg, Jim Wells, Kleberg,Live Oak, Nueces,Refugio,and San Patricio Counties, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 02/16/2025 and that the fees charged are legal. Sworn to and subscribed before on 02/16/2025 (-4 &4 Lega Clerk y — Notary,State of WI,County of Brown r ZS - Z6 My commission expires Publication Cost: $1549.21 Tax Amount: $0.00 Payment Cost: $1549.21 Order No: 11037986 #of Copies: Customer No: 1357156 1 PO#: FY26/PY25 Actionplan THIS IS NOT AN INVOICE! Please do not use this fortn far payment remittance. MARIAH VERHAGEN Notary Public State of Wisconsin Page 1 of 4 59 Page 1 of 3 NOTICE TO THE PUBLIC PLANNING AND COMMU- NITY DEVELOPMENT DEPARTMENT FY26/PY25 ANNUAL ACTION PLAN PUBLIC MEETING ANNOUNCEMENT Notice is hereby given that the City of Corpus Christi, Texas is currently in the process of preparing its FY26/PY25 Annual Action Plan. The Annual Action Plan (AAP) is a requirement for the City's annual funding allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) funds through the U.S. Department of Housing and Urban Devel- opment (HUD). The AAP will serve as a blueprint for the expenditure of these federal funds in the City of Corpus Christi from October 1, 2025, to September 30, 2026. Funding amounts for FY26/PY25 have not been released by HUD at this time. FY25/PY24 HUD funds received were CDBG: $2,659,704, HOME: $1,119,386 and ESG $234,083 but are subject to change in FY26/PY25. Outreach to local housing and community development stakeholders, social service organizations and citizens is a key element to the plan development process. The meetings help to identify housing and community development needs and establish priorities for HUD funding over the next year. In accordance with the City of Corpus Christi's Citizen Participation Plan, the City will hold public meetings at the time and locations noted below. The public meetings are being held to provide all City residents with ample opportunity to attend and comment. District 1: 2/27125 La Retama Central Library- 805 Comanche Street. (6:00 P.m-7:00 P.m.) District 2: 3/3/25 Ben F. McDonald Public Library- 4044 Greenwood Dr. (6:00 P.m-7:00 p.m.) District 3: 3/4/25 Corpus Christi Water Utilities, Choke Canyon Room 2726 Holly Rd. (6:00 P.m-7:00 P.m.) District 4: 3/5/25 Janet F. Harte Public Library- 2629 Waldron Rd. (6:00 P.m-7:00 P.m.) District 5: 3/6/25 Dr. Clotilde P. Garcia Public Library- 5930 Brockhampton (6:00 P.m-7:00 P.m.) If you need accommodations for physical mobility, sensory impairment or language needs to partici- pate in the meeting, please contact the Planning and Community Development Department at(361) 826-3816. Notification 48 hours prior to the meeting will enable the Planning and Community Development Department to make reasonable arrange- ments to ensure accessibility to the meeting. The purpose of the public meetings is to: 1. Obtain the views and comments of individuals and organizations concerning the City's housing and commu- nity development needs. The information gathered will be used in the preparation of the PY26/PY25 AAP. 60 2. Review the City's Commu- nity Development Block Rige 2 of 3 Grant, HOME Investment Partnerships and Emer- gency Solutions Grants Programs and provide an opportunity for the public to comment on program perfor- mance. 3. Summarize the AAP process and obtain the views of citizens, public agencies and others interested in the housing and community development needs of the City. For more information, you may contact Leticia Konmore, Grant Monitoring Manager,at 361.826.3816. The City of Corpus Christi will then present the FY26/PY25 AAP. Public notices will be printed in local newspapers and posted on the City's website at h11ps-1/www.corpuschristitx .go y/d eo4 rime n1-d i rec- torv/planning-community- development/ Any changes to the AAP will be posted online on the City's website at https-://www.carouschristftx .gov/department-diLLL-1tnrv/olannin9-community_ k� gL4P n AVISO AL PUBLICO DEPARTAMENTO DE PLANIFICAC16N Y DESARROLLO COMUN I- TARIO FY26/PY25 PLAN DE ACC16N ANUAL ANUNCIO DE LA REUNI6N P013LICA Par la presence se notifica que la Ciudad de Corpus Christi, Texas, se encuenira actualmente en el proceso de preporar su pr6ximo Plan de Acct6n Anuol (AAP). El AAP es un requisito para to asignacibn anual de fondos de la Ciudad de la Subvenci6n en Bloque Para el Desarrollo Camunitario (CDBG), el Programo de Asociaciones de Inversion HOME (HOME) y la Subvenci6n Para Soluciones de Emergencia (ESG) a craves del Departamento de Viviendo y Desarrollo Urbana de los Estodos Unidos (HUD). El AAP servirb coma un plan Para el gusto de estos fondos federates en to Ciudad de Corpus Christi desde el 1 de octubre de 2025 hosto el 30 de septiembre de 2026. Los montos de financiamiento Para el ano FY26/PY25 no han sido Pubticados par HUD en este momenta. Los fondos FY25/PY24 de HUD recibidos fueron CDBG: $2,659,704, HOME: $1,119,386 y ESG $234,083 Pero esibn suletos a combios en FY26/PY25. El alcance a las partes interesadas locales en vivienda y desarrollo comu- nitario, las organizaciones de servicios sociales y los ciudadonos es un etemento clave Para el Proceso de desarrollo del plan. Las reuniones oyudon a Identi- ficar las necesidades de viviendo y desarrollo comu- nitario y a estabtecer priort- dodes Para et financiamiento de HUD durante et pr6ximo ano. De ocuerdo con el Plan de Participaci6n Ciudodana de la Ciudad de Corpus Christi, to Ciudad Ilevarb a cabo Reuniones POblicas en el momenta y tugares que se indicon a continuaci6n. Las iuntas P6blicas se Ilevan a cabo Para proporcionar a todos los residences de to Ciudad una amplia oportu- 61 nidad de asistir y comentar. Page 3 Of 3 Distrito 1: V27125 Biblioteca Lo Retama Central- 805 Comanche Street. (6:00 p.m-7:00 p.m.) Distrito 2: 3/3/25 Biblioteca Publica Ben F. McDonald- 4044 Greenwood Dr. (6:00 p.m-7:00 p.m.) Distrito 3: 3/4/25 Servicios de agua de Corpus Christi, Choke Canyon Room — 2726 Holly Rd. (6:00 P.m-7:00 P.m.) Distrito 4: 3/5/25 Biblioteca Publica Janet F. Harte-2629 Waldron Rd. (6:00 p.m-7:00 P.m.) Distrito 5: 3/6/25 Biblioteca Publica Dr. Clotilde P. Garcia- 5930 Brockhompton (6:00 P.m-7:00 p.m.) Si necesito adaptaciones Para la movilidad fisica, la discapacidad sensorial o las necesidades lingOisticas Para Participar en la reuni6n, comuniquese con el Departa- mento de Planificaci6n Y Desarrollo Comunitario al (361) 826-3816. Lo notifi- caci6n 48 horas antes de la reuni6n Permitira al Depar- tomento de Plonificocj6n y Desarrollo Comunitario hater arreglos razonables Para garantizar la accesibili- dad a la reuni6n. El prop6sito de las juntas pfiblicas es: 1. Obtener las opiniones Y comentarios de individuos y organizaciones con respecto a las necesidades de vivienda Y desorrollo comu- nitario de la Ciudad. Lo informaci6n que sera colec- tada se utilizard en la preparaci6n del Plan de Acci6n AnuaI FY261PY25. 2. Para revisor los progra- mas de Subvenciones en Bloque Para el Desarrollo Comunitario, Asociaciones de Inversi6n HOME y Subvenciones Para Solu- ciones de Emergencia de to Ciudad Y Para darle la opor- tunidad al p6blico de comen- tar sabre el desempeno del prop ro m a. 3. De resumir el proceso del Plan de Accidn Anual y obtener las opiniones de los ciudadanos, agencias publicas y otras personas interesodas en las necesi- dades de vivienda y desor- rollo comunitario de la Ciudad. Para obtener mds infor- maci6n, puede comunicarse con Leticia Kanmore, Gerente de Monitoreo de Subvenciones,al 361.826.3816. La Ciudad de Corpus Christi presentara el Plan de Acci6n Anual FY26/PY25. Los ovisos publicos se imprimirdn en los peri6dicos locales y se publicar6n en el sitio web de to Ciudad en https://,www.corousch ristitx .gov/department-dlrec- torY/planning-community- development/ Cuolquier cambia en to AAP se Publicard en linen en el sltio web de la Ciudad Vhtt e w c ' p rtment-direc- r I nnin - mm ni v I m 62 4E I SUNDAY,FEBRUARY lb,2025 I CALLER-TIMES Class*1f*1eds T ADVERTISE Visit Our Website: To Advertise,visit our website:Classifieds.caller.com 11DVISA 0 O Classifieds.ealler.eom Public Notices/Legals email:Legals@caller.com Business B Services email:Servicedirectory@calleccom To postjob openings,visit:Caller.cam/jobs Assorted WOMEMM anonrtnni nP«-ev-ih- la WebEx. Please review REUNION PUBLICA the bid Opening connection Par I,Pesenfe,e nodric, NOTICE OF REQUEST FOR PUBLIC COMMENT AND 2 kIUdS Of tI11U'S... tues,,rb regarding this ptions outlined in Me RFB a e ciudnd de Carpus NOTICE OF A PUBLIC MEETING sulicitatian err be directed for Instructions. ehrisfla i,Texas,se uenfrd ON ONE DRAFT TOTAL MAXIMUM DAILY LOAD FOR ® is fre Prac 1 ,ens Depart• Addressetl to:city of all-firs"ie an el hmceso tle INDICATOR BACTERIA IN POENISCH PARK AND ONE men, ate„ uroc Corpus Christi prepay ,u a n.Plan de DRAFT IMPLEMENTATION PLAN FOR SEVEN TOTAL Finance and Procurement 4ccion An-.d%IrA E1 MAXIMUM DAILY LOADS FOR INDICATOR BACTERIA ns/Oerrck Aeddhszak 1ST Floor 41P es un re tint.pnra In household items washer/ m Chief Executive Officer 1201 Leopard Street.Comm, ual it-Ponds IN THE CORPUS CHRISTI REGION dryer calm--hann.[Unenn Christi,TX]SA01 de�g11 jelorr Ci udad tle la AV SO DE SOLICITED DE COMENTARIOS PUBLICOSY to iba etlic altllustable INVITATION FOR BIDS AHn:Le3lie Coreon el Orc.. n Blunnu p "ISO DE REUNION PUBLICA SOBRE UN BORRADOR had$25U.ag Fronk Ryder gab- FOR •I Desarrall, ComunitarYO DE UNA CARGA DIARIA MAXIMA TOTAL PARA Ill Is,save Inessnge BRAKE SYSTEM BUS woe.), el P......h. de MICROORGANISMOS INDICADORES EN POENISCH PARTS SUPPLY 4sacincianes de Inversion PAR,ICY UN PROYECTO DE PLAN DE IMPLLE- ® Cd,Pul h-1,P-OS HOME (HOIAE) V In MENTACIO N PARA SIETE CARGAS DIARIAS At XIMAS The carpus Christi Regional NOTICE TO THE PUBLIC Subvention pnra a,lucianes TOTALES DE MICROORGANISMOS INDICADQRES EN Transpariniion Aunrorifv. PLANNING AND COMMU- tle Emerge"cid (ESG) , LACUENCA HIDROGRAF ICA DE LA REGION DE hereinafter referretl is as the NITY DEVELOPMENT travel del Deprfalthu de CORPUS CHRISTI CCRTA,'e,In be s DEPARTMENT viviendn DesarmilI ,AY Invitotialn fall'Bids IIFBI fall FYWPV25ANNUAL Urban° d,Y In, Esfados T"e Texas Commission a Enviranmenfnl Oucllty(TCEp7 0 Brake System Bus Pnr}s ACTION PLAN Unitlos (HUD). El A4P hall mndeavallnblefruubllc comment one dl'aft Total M,xl- 3' P Iv. The IFB will be PUBLIC MEETING ,ervlyd n urr plan par el mural Call,Land(TIADL)far Indi�afr bacteria I,.P.eni-l. shot,,ble a,,alr otter Febru• ANNOUNCEMENT grit. cde a 'fall tondos park and an,draft Ilnplernenfafio"Plan(I-Plan)far seven v 1h,2h25,et_Ilh Rldhtl Nance I,M1 rebY 9i en iM1at fedr.Ie. en la Ciudad tle TMDL.for indicator bacteria in}he CPrpu,Christi Reath,, Bids the RTA vdebsite: the City of C.rpusv CH risti, corpus Christi desde el 1 de both of the BUVl and E.stuara,Basin within Nueces faulty. htips•//www.eerto org/news Texas is c rrently " the atmiul'e tle'2925 haste el Sri tle The purpose of the meeting is f.Dr,Ade}he public an app,r- rtunitl�eabusines%wl{h- roc s. f u rep its euflernbre de 2t26. Los }unity fa comment an}he tlraft TA I_in ales a,a,drt unit mat FV26/PV25 Annuslrr„Action mortals tle hraneinmitl_ [paerr iseh park 24g1C8-061,and}fre draft I-Plan far's Questions regarding Iris Plan. The Annual Action par el an FY26/PY25 n, pss ,mint units(Blind Osa Ed,(3406_Ul),Osa Bdv(2405_Olr' s.hcitrhdh can be directed Plan[4AP)Is eg irement hands ido rublic,das all HUD VgIi_02 orrd 2a85_a3), Old Creek (2485A_01), Cale Park ``gdlq to}ale Eta curemenl Depart- f r the City's annual funding en esfe momenta.Las fordo, O't a' call a1 all.cnti.n of Community FY25/PY24 de HUD recibidos A TMCp nis)andetailed venter qualify a se)ssment that provides roeuremenlaeerla.or0. Development Black Grant fuer°n CDBG: $2,659,]('4, }ale sc ntific foundation to allocate pollutant loads s/Derrick Iv\n ichsznk (c DSG),HOME Investment HOME: ",119,336 v ESG er}11 body of hunter in order fa restore and intein delta _ Chief Executive Officer Partners M1ips Program $234,p33 perd es}dn suietas a rated use'.The I-Plan,dvelaped by clung)stakeholders, BID NOTICE (HOMF7 and Fmrgencv c n,b ,en FY26/PYu. a fl ibie foal that the gave mental and I.—.v m The City Of Corpus Christ Is Saluiians Gr,ni(ESG7 ands E1 all"', n is portal t.1 arf-ci pants ir1tiletl in TMDL In lementaiion.i11 Ila In currently aCOWting bde IM1raadh Ire U.S.Department inferesadas locales er aide their actions end pr.ctices.The carom r quests of Housing and Urban Deve1- vi-e%. V al-arrolla c Get paid Bash for Used fart °11 g m enf,on each of the rn or components sotaInd TIADL enf (HUD). The AAP niitaria,I,s am,hizd,i.ra de golf bons.Coll,text Or 116 6240 t-aNm C open (p blemdtinifian,endpointaiclenfific,tian,.0 a n,lysi., molt sat(512)4T}]252 S ie Of C rpus Chrlstl `hill se pe -a aided,'tali tar a tales I s linkng nslvsis,m n of safety,.1luiarri load allocation, GOIfBaIlHouseaGmail.Com I t tlenal Alrpsrt Ire fund, hl o treat I.vadan e elan e11, es dal, ialn, ut.1,pdrIici hh.h,, ntl implementation Th RFB d.bl n the federalx funds in the City.f lay el ep sa de and a rensanable assurance) and -Plan "a—lemenl Ci1Y's Supplier Portal a Corpus Christi from October desde roll,a del plate L s 'coal—arts fi,n strat—, antl trucking Pf0}B9310IIBI I, gz5, is Seplembel' 11, reu„ r s Yutlan a taints- sirat—,and communicafan strategy). revievu �hit„:/Avevw r halm/ 2a26. Funding am ants Ea I' fic.en. a -dale. de After the uI-PI n,it a P-lilt TCEOt rn vise}he dr'afI B the FV26/PV25 rave rat been v scrag V d i. e—coma_ TMDL and 1-Plan,it app 1p i.e.The ,oIYTMDL hail)then RF8 a due Feb u y ''de.11l by HUH at this d r a v.e tablet b consider'd by fre cammissi.n far ad.pfian and ire final n del Uf f1QE(jS,. 2•'` �2•'`•by 5:00 PM CT. f me. Yr5/PVr¢ UD funds dad el financ'imnisnta pjan .,III be c n sacred by fre m r n tar ap ray I. ro Bidders'questions,hall he e v d w e CDBG: de HUDdur,nte el Prox ma =adoption and approval,the final TMDL, -Plan Pand a submitted in writing,online g2,659,]04,HOME:g1,119,386 , c an "ems arse to all cammenfs Yec,ived hail)be made available an i,the Ciiv's St.olier Portal and ESG 1234,(33 but a De urd,c I Plan de United .td,e.The TMDL /i11 then be s bin itted I.the using the electronic d !ion subsets fa change in Pa Ci a "n CrPE,Chr de United States Er fwalmenl,I Protection Agency tEPA) feature.specific to this and. F'26/P' la Ciudad Ida Corpus ch risfi, Region 6 ffice for final action.Upon app il vat bV EPA,}Ire acH a local rousing I Ciudad Ilevro c.b, TMDL will be certified a,a update is the State at Texas 2025 at 2:00 PM CT.Bidder andrea munifv development Reu ublic el CALL Bids tl M h 11 stakeholders, s lal service n ent,sv I g a Water ou,lity Management Plan. shall submit !heir iebE. d zafi...and chose„,is Indic hdin a-Las draftPu MDL an and Testimony.The public citing far the TheBB - nstructed the RF Old! a ant s a draft TMDL and -Plan 11111 be heltl }the Dr.CIOHIde P. r key element I.the Ian a ia.Publica se ell van a Garcia Public Library,59M Broekhompton St,Corpus must closing antl d Bill.11s development p aces, The lab. ,ra Pr P.cis r a Chr1811,TX]8414 on March d,R025,of 6:00 p.m. _ will be publicly Owned d 'neetings rile to-rhu"ify ades las dreadentes de u- pl perlodieal lY heck th Prolect webp^ge before the cad I d I dousing and unity Ciudad a ratio ,u rtu- meeting date for related updates: Immediately following the development needs n and 'dad de,si.tir Y cement.r. _ BECAUSE YOU DON'T establish pr'.rifles for'HUD Distrito 1:T/2]/25 Bibllofeea WANT TO DO IT! bid due date and t U: funding a vet the next Year. La Retama Central- 005 Paling this m frog,individuals,hill ra,e the opportunity fa FRANK(361 813-1929 4tltlressed fa: In accordance'n to ire city Comanche Serest. (6:00 ,a-•„1 drat sl.temenA.An agency,tots member vrill give a City of Cr pus Chr'is1l of carpus Chit Citizen -]'00 (361)99-GRILL(994]455) Finrcea Procurement- p' p' bb h`f P'e-e""I. °t iH start all! marlin Ind u111 be pmtalbeMgrilieieanlnp.com Par,tij alias Plan,the City Distrito 2:3/L25 BibliOteea ail.bl yt, a bons before antl i fta .11 oral stag lsi Floor evil)raid P bile meetings 1 P0bliea Ben F.McDonald- dye fs have bear received. 1 zs1 Leapartl, he lime and l.cafi.ns noted 40"Greenwood Dr. (6:00 Written Comments. Please choose a of the methods Your Sau,,c rpus Christi,TX]g4g1 below.The brit me sings p.m-]:00 p.m. ale co Attn:TI'a,,Garza a being held to r.vide n Distrito 3: 3/4MS Servieios %rlvidrd In ubmit Your written menials, Written f i 361-8 2 61 982 City residents evi1H mule tle gVa tle COrPUB Christ, lad }s the draft TMDL ill Plan mo be submit- .Etunifv 1a attend and Choke Canyon Room-2M6 tea f,Wyatt.,TEr Water nOn t.1 Y Planning Division,Texas BID NOTICE °pp commissran an Enviranmeninl duality.MC 203,P.O.Box f. HOIIY Rd. (6:00 P,m-]:00 fall the latest... The City of Corpus Christi is "' 13gg],Austi rr,Texas,]S]11.3h0]at eFaxed in s12-239-1414. ently accepting bias far Disuse. Central 22]ILS DIEF Electronic comments may be submitted 1. R f n Library- Distrito a et F. arte-teca the construction all: Mips:/neea.earnrnenfinpuul,ilt. File s zt resirictimrs rn,by RFB 6299-O.N.Stevens 605 Comanche Street.(6:00 Paldro Janet F.Haste-26z9 reply I. cammenfs su bmitied via ire TClb; Public Water Treatment Plant p• riot P.m. p.m. Rd.(6:00 p.m-]:on Comments system.All whittler comments muse id received DlSirict 2; 3MS Ben F. Dist Chlorine Storage and McDonald Public Library- Distrito 5:3/bOS aiblloteca r TCEQ by midnigm an March 1e,z025 and should cteria in Application has been Handling Facility and 40u Greenwootl Dr. (6:00 POblica Dr. Clotilde P. tarot hloximam oath Loud 6x//wicnror emcreria minis,Pro set No.E10146 Poemh PoM'Primp/emenlofkn PA_Mr$eventr IM_ made with the Texas The RFB Is available o p.m-7:00 p.m. Garcia-5930 Brockhampten m Dui/y Loads hx/2/tl/cahx Bmleriu in Me Co pas Alcoholic Beverage District 3: 3/4/45 Corpus (6:00 p.m-7:00 p.m.) • Christi Wafer Utilities, Si cesd, ,d,pt,,i"e' Fart lu ll,,r in. CammISSIOn for a 1"/"""'`" "'�"`t"`"`""'/ Choke Canyon Room 2726 Par,la Ilidad fi.im,I, Fla further form.fian regarding the draft TMDL and 1- Wine and Malt Bever- nrd� Holly Rd. (6:00 P.m-7:00 di—Paddlad lens n,I a I,s Plan' I -e contact Wv,tf E,snn at A Pre-Bill Conference ill P.M. ,id.de,Iing Oistic,s per, Wyn/LEae.IWceOje__v.The draft TMDL d I-Plan age (BG) Permit by be held WetlnestlaY, be obtained TCEO's evebsite of Pirati's Pizzeria & February 5,of 10:00 AM Disirlet d: 3t5/25 Janet F. Participr e, la curl n, (CT) WebEx.A Mantle- Harte Public Library-2629 c,m n'n ese an el Depa rta• an vIa CD.,LLC dba Pirafi'S tory Sife Visit ill be h Id Waldron Rd.(6:00 p.ma:00 eni,I de Pl.nificacidn persons wim tli3abilitia,U have special communication ar Pizzeria&Ca. to be W dread will P.m. Casa..A. Can,unitaria .I eta„, re y' dry�' DlSiriet 5:3/6/25 Dr,ClOtide 13617 82b3016. La tits• other a madailan neetls evha a planning fa part icipnfe located at 1290 FM 'af z:o3 PfA(Cr). Farther c err }ale meedrrg should crrt„ct vdvnIt Ensarr n, nsimctlans and details a e P.Garcia Public Library- a ,4p IYar..mdiI dp Iry wimp EOsondN[M.le—am, Requesrs sr.ld be rh de 43 a Corpus Christi, hided in the RFB d.cu- 5"0 B oekh pton (6:00 'e tiro I De pa, Ear'I advance a ssi bid.Pam 10 verslim en$MOROI tle p.m-]:00 P.m.) fame"b de Pl"iricacion TX 78mb of said Pas. IEyou need ac madatmns Cal... cmnunimria eatedw enro,vizlfe In9 Member of sold Bid„ tl Wednesd y' tar prvsical m nabllity, bar,, alas nab)-, _ q y P company is Patrick L. M ni9 pis, r a:oo Pad „,:„1 r rneimr I,r,cce.ibiii- arc a aza (CT).Bidders sra11 bmlr senor"y impair Para gay Perales and Joanna Inch bid a3 in3o-petea in}ale language needs ro Prt¢i- dad a la reanrn. RFB. ElElt-1, bids must Pate rn the me frog,please El mpo.ita de Ids tint,. ' PU9a. contact the Planning and Publica.e.: be subrnitled vial iM1e CivCast LA M 4116,1]2g25 Community DevelopMnt 1. Obtener'las a n es V LACDgz¢t g52 site fro lacer than fne dale Deprtmeni It(3617 Brzb3816. enirias de inditviduas v Request for Proposals orrd tune specified.Bidders Nocati.n a8 hours iar is z ale eta tar Monogemenf di Direct Child Care Services System snauld idler submit, bid the meeting ill enable the jeh acid ce.idal- de REP 26-02 Selectronically r subrn it o Planning and Community ends v d-s 'hall nu- The coastal Bend Workforce Devel°rnent Board,dba W°rk- bid Ir sealed rrvelope Development Department to nrfal'i. de la alGiudad oI La free Solution.calm--tat and(WFSC B7 Is eliciting re.on s asked err}he outside with rake r'asanable ar'r' ,e- inUmn-ion ese c.leo from qualified individuals or firms for}he Mnnagemenlsof REQUEST FOR PROPOS- fire bidder's nine,address, minis I.ensure accessibilgity fads se utllizrdra en la Direct Chiltl Cnre Service System for Fiscal Yenr 2 25-26. 4LS FOR WINDSTORA\ and RFB number to City U,fre meeting, epnr ion del Plan de The contract may be hen rvetl for three—1 Yarr 21 a AND HAIL 1NSUR4NCE Hall rrd Ipfer Ihrr the date The purpose .E the public Action Anual FY26/PY25. yea periatls beyond thee,-hr,l acceptance awartl form COVERAGE rrd lime specified.Bid w111 meetings is ta: 2.Para r'vi r l.s pram• fatal not in exceed four(4)Vers. PRONO.:2U25-1-a] be Pab11e1y Opened and rentl 1 Obtain the v l and n.. de eS.IE-r tone. en WFSEB s yes}he eleven 1111 county E-1.1 Bata Rcyi,n The Carpus Chrlstl Regional IOUtl immetliOfelY following calls at individuals and BI.— Para el C-a-11, cons)finycof}he follows ay c unties:Aransas,Bee,Brooks, Trrspor'fafion Authority, the bill due date and time ar an zaIt—e n s the C.munitr'i.' A Duval,Jlrn Well,Kenedy,Kleberg,Live Oak,Nueces,Ref, hereinafter referred fo as the O WebEx.Please W City'sI Housing aondr menu• de Inv�rsi8 HOMEa„vY and San Patrice°.WFSCB is eeking can}ractar knan'I- 'CCRTA,"chill be ih �itl pening a eeetlen niiv development n ds.The Subvencianes„ S. edgeable and evi1H eriences n aliiy ran eat, Request for Pr--tis at linstruction, outlined In the RFB information gatnr'ed will be able,de Em ge red de la ssful pr°gr'an mplemeniaiian,and a piianalgpertary (RFP7 for Wlndsform and 1M f ueti used in the r'e oration .f Ciudad V r ed.r'Ie II,apary man outcomes for ara a its Direct Child Care Services Hail Insurance - Addressed Christi OI the PVx6/PY25 AAP. tan elPP'blica de Pr am which—Play, "clientK nfer'ed'a r ch fa The RFP vkill be voilable h COr^Us Christi 2.Revieeh the City's C.mmu• fa I',.brie el des mpen.�del del 9I'- and that A n ha and iferti. after Februry 17,2U25, Finance fsnftlFl roeurement alit, Development Black Plant'm the child ry ee toner. The It.clol' w111 italic,n an through Planefeids on fre INII Leopard Flo Street- Gant, Hv.ME Invesh—t 3.Ded s el P es°del P lOrarn s ivi'e dell rV sY tem cthat r P'vide dlr ihild -C RTA webst,: Cs pus Christi,Street et- Partnerships and Emer- Plan d u Acc rAn.I care servic s to eligible families in the C,..tat Bend W.rk- rltps:/Arvevvu.ccrta.arg/newso rAttn:Betsy Roque inch Solutions Grants abl n I'is ird s de la, force Development 4m,wing a Case Management Service esaria nifies/business-with- Programs and vide iid.d.n Deliver,Model. / ® rlunifv far ine apubllc to P'blic.a air,,„ ones Th.RFP III be Ilable n Tuesday,February 18,2025 FlErns a gad fa i elf an pr.gram perfm� inferesadas I,. ,ec F at 2:00 Pm Central Time and can be ace led, our evebsite olterrd a re- op...l confer- n e J.des de v en Veitlesarnrkfnrrc.nlniinn�sl,.nrg/nhnnt M map staples street BID NOTICE 3.a Summarize fre AAF ran. nuntt.ria de la us/procurement-,po-artunities r by contacting Nelda kips M enter I.,tad ad bo2 N. The City of Corpus Christi is and obtain the v is Ciudad. 361.Sas.—ar staples sf.,ra pu EYrrisii, currently accepting bids for at ac it"zens, Public a Para abt—, id— A Pre-Proposal Conference will be held On MOndaY,Febru- TX 7— on A1or.a,,Marc Yr he construction of: and diner's infe resfedg I.line uede c a"?A,2025 Of 10:00 am Central Time in the Main Eanfery gzs,at 3 .(CSTI. RFB-7-Calallen Drivehousing and n}ty Letic' a Kan e Room at vJ FSEB's Aahnnili-ive Offices lcaied a1400 Tot n,laic,n RSVP Redbird to Burning Tee devel.Phr— needsm°fu the Geaimnfe de dManit. \rde Mar,street,Suite 5U Corpus Christi,Texas 7-1.The }frroug iP Plrret Bids. The (BOntl 201g), Project NO. CI1Y. Subveneiane.,11361.826o381 b. e of}he meeting Is}p I'eview the RFP requil'ernerrfs e of fYlls rneeflrrg is fo 1Wal F.I'm infr'mail.n,Y La Ciudad de e.I"pas Chl'i.ti IIn,as uesflans related to fre RFP.While this rpevpos CRT4's The RFD Is available a .nt.ct Lellcia - 1 'd I Plan de Acc citing is r n.}vmandatary,attendance sir.ngly recant enf,frC}fris p cite While Civcost: Karma, rart Manital'ing Are,eln FY26/PY25.Las a mended.Parties u,able to attend in an may Participate }kris meeting is rat Inrrda- Manager,at 361.326.3316. ubiic.- -e vien a virtu IIV h'om .mputer tablet,or'sm.si Phone via Zoom: toI'v, firms are strongly The Clfv of Carpus CM'isfi I., P�iodic.sml.c les - Join Zoom Meeting ET" fo aiierrd. re-Bd ConferonGe III will then resent the ubli arson en el situ web de auesflrn], r'eyardiny it b held Wednesd Y, FV26/PV25 AAP, Public Id Ciudad an \niCNFOh?T,y^vrFbSTNdr.1 p P s.liatptirr can be directed February 26,A25,at 0:00 .}ices v,ill be Printed in hXOs://www US To11-Free:BBB 1114 9 to}fre Proc to th ed Deprt- CT) vra WebEx. local neevsp.pe' and asked p prof r Meeting lD:86]5663119b Went aI P'ocu' instructions are r.vided in an the CiIV's evebsite aIP - PI—tle:777808 enf®ccrta.or'y. }he RED document. p P The RFP ur e.....,i}s at}he submission of an Applle^- s/Derrick M,Icnszak Bids are due on Wednesday, - - Cua queer cambia en la AAP flan d Proposal.Applications are due on Monday, chief Executive Officer March 19,20Zr,of 2:00 PM v P v- Publicaro an line,an el Mar ehn17,2025 of 4:00 Pm Central Time and Proposals are (CT). Bidders shall su bmil In—lade 1,Ciudad due on Monday,April 28,2025 of 4:00 pm Central Tlme. INVITATION FOR BIDS }Heir bid as instructed in ine Any changes 1,ire AAP:vil1 Bri hHefttx Responses ,hula be submittal v, email to FOR RFB. El zi-ric bids must be Posted online an ire City's P - - or may be hand deli, SUSPENSION BUS PARTS be su bmitied via the cive.sf bsits at r,p un1W- erect or mat ed to Workforce So ufi.ns C.astal Bend,4ss SUPPLY srfe no Intel'than the dale h([� rp hri fi y I Mann Sireel,Suite goo,Corp s CM1risti,Texas IsirL IFS NO.:202&SP-04 and time specified.Bidders p r Workforce Solutions Coo tat Bend is an Equal Ohp-thily The Coruus Christi Regional should either submit a bid - nlfv- Emplovel lPr'oyr'r'n.Aux illary aids rrd serv'c s r'e av il- Tr,nsporfnfian Authority. eleefrani tally a submit a apnn able u ese to individuals e,ith disabilities. Relay hereinafter referred In a, bid in a sealed n dli Texas:1.844-]35.211(TDD)and 1.840-71 2111.I'711(Valce1 the'CCRTA,"vu ill be issuing marked an the nd,Tdle with AVISO AL POBLICO Hisf.ric.11y Enderutillzed Businesses(HUBS)are incur n Invrt,ti,n far Bids IIFB) ine bidder's n me address DEPARTAMENTO DE me 'gad to.Pal, far Suspension Bus Ph- and RFB mbar to city PLANIFICACI N V Este document°—diene inf.rm.cion int rianfe sabre I., SuuulY. The IFB wi 11 be Hall n.Liar than the date DESARROLLOCOMUNI- -- -- r=u'-itas,las derech.s,I,s deter l-dares Y la,re-pane vIndia, a Hart, y ], and time specified.Bias will TARIO bilidades del access a l.s seI'v,,as del sister,,de 1.fuerz. Ili 1,through Pl,neteid,an be Publicly owned and read FY261P'?�5 PLAN DE I.b.I'.I. Hav di—rible.sere s at,Idi.ma, mi,l.idd Id 63 the CCRTA evebsite: aloud immediately following ACTION ANUAL iitInd,etecion V I,iraduccion cde drument..,sin r—an M}n�/Mwvu�.rta are/nev:o the bill tl_Ve date and time __ANUNCIO PE LA_ cost°Y°soiiritud. Page C3 of 1 do NOTICE TO THE PUBLIC PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FY26/PY25 ANNUAL ACTION PLAN PUBLIC MEETING ANNOUNCEMENT Notice is hereby given that the City of Corpus Christi, Texas is currently in the process of preparing its FY26/PY25 Annual Action Plan. The Annual Action Plan (AAP) is a requirement for the City's annual funding allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) funds through the U.S. Department of Housing and Urban Development (HUD). The AAP will serve as a blueprint for the expenditure of these federal funds in the City of Corpus Christi from October 1, 2025, to September 30, 2026. Funding amounts for FY26/PY25 have not been released by HUD at this time. FY25/PY24 HUD funds received were CDBG: $2,659,704, HOME: $1,119,386 and ESG $234,083 but are subject to change in FY26/PY25. Outreach to local housing and community development stakeholders, social service organizations and citizens is a key element to the plan development process. The meetings help to identify housing and community development needs and establish priorities for HUD funding over the next year. In accordance with the City of Corpus Christi's Citizen Participation Plan, the City will hold public meetings at the time and locations noted below. The public meetings are being held to provide all City residents with ample opportunity to attend and comment. District 1: 2/27/25 La Retama Central Library- 805 Comanche Street. (6:00 p.m-7:00 p.m.) District 2: 3/3/25 Ben F. McDonald Public Library- 4044 Greenwood Dr. (6:00 p.m-7:00 p.m.) District 3: 3/4/25 Corpus Christi Water Utilities, Choke Canyon Room 2726 Holly Rd. (6:00 p.m-7:00 p.m.) District 4: 3/5/25 Janet F. Harte Public Library- 2629 Waldron Rd. (6:00 p.m-7:00 p.m.) District 5: 3/6/25 Dr. Clotilde P. Garcia Public Library- 5930 Brockhampton (6:00 p.m-7:00 p.m.) If you need accommodations for physical mobility, sensory impairment or language needs to participate in the meeting, please contact the Planning and Community Development Department at (361) 826-3816. Notification 48 hours prior to the meeting will enable the Planning and Community Development Department to make reasonable arrangements to ensure accessibility to the meeting. 64 The purpose of the public meetings is to: 1. Obtain the views and comments of individuals and organizations concerning the City's housing and community development needs. The information gathered will be used in the preparation of the PY26/PY25 AAP. 2. Review the City's Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grants Programs and provide an opportunity for the public to comment on program performance. 3. Summarize the AAP process and obtain the views of citizens, public agencies and others interested in the housing and community development needs of the City. For more information, you may contact Leticia Kanmore, Grant Monitoring Manager, at 361.826.3816. The City of Corpus Christi will then present the FY26/PY25 AAP. Public notices will be printed in local newspapers and posted on the City's website at https://www.corpuschristitx.gov/department-directory/planning- community-development/ Any changes to the AAP will be posted online on the City's website at https://www.corpuschristitx.gov/department-directory/planning- community-development/ 65 AVISO AL POBLICO DEPARTAMENTO DE PLANIFICACION Y DESARROLLO COMUNITARIO FY26/PY25 PLAN DE ACCION ANUAL ANUNCIO DE LA REUNION POBLICA Por la presente se notifica que la Ciudad de Corpus Christi, Texas, se encuentra actualmente en el proceso de preparar su pr6ximo Plan de Acci6n Anual (AAP). El AAP es un requisito pars la asignaci6n anual de fondos de la Ciudad de la Subvenci6n en Bloque para el Desarrollo Comunitario (CDBG), el Programa de Asociaciones de Inversi6n HOME (HOME) y la Subvenci6n para Soluciones de Emergencia (ESG) a traves del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). El AAP servir6 como un plan pars el gasto de estos fondos federales en la Ciudad de Corpus Christi desde el 1 de octubre de 2025 hasta el 30 de septiembre de 2026. Los montos de financiamiento para el ano FY26/PY25 no han sido publicados por HUD en este momento. Los fondos FY25/PY24 de HUD recibidos fueron CDBG: $2,659,704, HOME: $1,119,386 y ESG $234,083 pero est6n sujetos a cambios en FY26/PY25. El alcance a las partes interesadas locales en vivienda y desarrollo comunitario, las organizaciones de servicios sociales y los ciudadanos es un elemento clave para el proceso de desarrollo del plan. Las reuniones ayudan a identificar las necesidades de vivienda y desarrollo comunitario y a establecer prioridades para el financiamiento de HUD durante el pr6ximo ano. De acuerdo con el Plan de Participaci6n Ciudadana de la Ciudad de Corpus Christi, la Ciudad Ilevar6 a cabo Reuniones publicas en el momento y lugares que se indican a continuaci6n. Las juntas publicas se Ilevan a Cabo para proporcionar a todos los residentes de la Ciudad una amplia oportunidad de asistir y comentar. Distrito 1: 2/27/25 Biblioteca La Retama Central- 805 Comanche Street. (6:00 p.m-7:00 p.m.) Distrito 2: 3/3/25 Biblioteca POblica Ben F. McDonald- 4044 Greenwood Dr. (6:00 p.m-7:00 p.m.) Distrito 3: 3/4/25 Servicios de agua de Corpus Christi, Choke Canyon Room — 2726 Holly Rd. (6:00 p.m-7:00 p.m.) Distrito 4: 3/5/25 Biblioteca Publica Janet F. Harte- 2629 Waldron Rd. (6:00 p.m-7:00 p.m.) 66 Distrito 5: 3/6/25 Biblioteca Publica Dr. Clotilde P. Garcia- 5930 Brockhampton (6:00 p.m-7:00 p.m.) Si necesita adaptaciones pars la movilidad fisica, la discapacidad sensorial o las necesidades lingufsticas pars participar en la reuni6n, comuniquese con el Departamento de Planificaci6n y Desarrollo Comunitario al (361) 826- 3816. La notificaci6n 48 horas antes de la reuni6n permitira al Departamento de Planificaci6n y Desarrollo Comunitario hacer arreglos razonables pars garantizar la accesibilidad a la reuni6n. El prop6sito de las juntas p6blicas es: 1. Obtener las opiniones y comentarios de individuos y organizaciones con respecto a las necesidades de vivienda y desarrollo comunitario de la Ciudad. La informaci6n que sera colectada se utilizara en la preparaci6n del Plan de Acci6n Anual FY26/PY25. 2. Para revisar los programas de Subvenciones en Bloque pars el Desarrollo Comunitario, Asociaciones de Inversi6n HOME y Subvenciones pars Soluciones de Emergencia de la Ciudad y para darle la oportunidad al publico de comentar sobre el desempeno del programa. 3. De resumir el proceso del Plan de Acci6n Anual y obtener las opiniones de los ciudadanos, agencias publicas y otras personas interesadas en las necesidades de vivienda y desarrollo comunitario de la Ciudad. Para obtener mas informaci6n, puede comunicarse con Leticia Kanmore, Gerente de Monitoreo de Subvenciones, al 361.826.3816. La Ciudad de Corpus Christi presentara el Plan de Acci6n Anual FY26/PY25. Los avisos publicos se imprimiran en los peri6dicos locales y se publicaran en el sitio web de la Ciudad en https://www.corpuschristitx.gov/department-directory/planning- community-development/ Cualquier cambio en la AAP se publicara en Ifnea en el sitio web de la Ciudad https://www.corpuschristitx.-ov/department-directory/planninaL community-development/ 67 ittps://www.curpusch ristitx.gov/department-directory/planning-cum mun ity-development/ IJ PRD_W.r WFM G Google ®CPD Maps Q Adobe Sign ®SpanishDict English... ©Thesaurus com Syn... ®Corpus Christi KIII-T... Home-KRISTV co._ C CNN-Breaking N.... ®Suggested Sites City of Living in Recreation Business Leadership City Corpus Christi Our Community &Culture &Development &Government Departments Public Notices and Documents Department Directory for Public Comment Planning&Community There are none at this time.Please check back again later. Development ■ About US Public Notices View Notices and Documents ■ Community Development ■ Planning ' ■ Sitemap Planning in the Works View Full Menu Learn more about current projects,how to provide input,and con- nect with City staff. _ Director Current Projects Dan McGinn :'Ind Annexations ►� ti Annexation is the legal process that adds land to the corporate ■ limits of a city.Annexation allows formerly unincorporated proper- ' r� ties to receive City services. 4, T� _ Historical and Proposed Annexations ■■ n A-- A � r!Q rll iA 68 I)ttps://www.corpuscl)ri st itx.gov/depa rtment-d i rectory/plan ni ng-co m mun ity-development/co m mu n ity-develop ment/pu bl i c-noti ces-and-docu ments-for-pub I is-co m ment/ Portal L... iJ PRD Info,WFM G Google ®CPD Maps Q Adobe Sign M Spanish Dict English._ Q Thesaurus corn Syn... Corpus Christi KIII-T... Home-KRISTV co... CNN-Breaking Ne... ®Suggested Sites ®Bing City of Living in Recreation Business Leadership City Q Corpus Christi Our Community &Culture &Development &Government Departments About . Development Sitemap ( Home ( Department Directory( Planning&Community Deve... C Community Development (Public Notices and Dccumen... Public Notices and Documents for Public Comment ® ® Department Directory Planning&Community _ FY2026 Annual Action Plan FY2025 Annual Action Plan Development Meetings Substantial Amendment About Us + • Community Development — • Funding Opportunities • Plans and Reports + • Programs + • Public Notices and Documents for Public Comment • Planning + 69 n littps://www.corpuscliristitx.gc)v/media/41xnkkle/fy26-py25-aap-public-meeting-notice.pdf Srants Portal L_ Q PRD_Infor WFM v Google CPD Maps Q Adobe Sign ®SpanishDict English... 13 Thesaurus corn Syn... ®Corpus Christi KIII-T... . Home-KRISTV co._ CNN-Breaking Ne... Draw QT A� a& — + l I❑1 of 4 1 r) I In NOTICE TO THE PUBLIC PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FY26/PY25 ANNUAL ACTION PLAN PUBLIC MEETING ANNOUNCEMENT Notice is hereby given that the City of Corpus Christi, Texas is currently in the process of preparing its FY26/PY25 Annual Action Plan.The Annual Action Plan (AAP) is a requirement for the City's annual funding allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) funds through the U.S. Department of Housing and Urban Development (HUD). The AAP will serve as a blueprint for the expenditure of these federal funds in the City of Corpus Christi from October 1, 2025, to September 30, 2026. Funding amounts for FY26/PY25 have not been released by HUD at this time. FY25/PY24 HUD funds received were CDBG: $2,659,704, HOME: $1,119,386 and ESG $234,083 but are subject to change in FY26/PY25. Outreach to local housing and community development stakeholders, social service organizations and citizens is a key element to the plan development process. The meetings help to identify housing and community development needs and establish priorities for HUD funding over the next year. In accordance with the City of Corpus Christi's Citizen Participation Plan, the City will hold public meetings at the time and locations noted below. The public meetings are being held to provide all City residents with ample opportunity to attend and comment. District 1: 2/27/25 La Retama Central Library-805 Comanche Street. (6:00 p.m-7:00 p.m.) District 2: 3/3/25 Ben F. McDonald Public Library-4044 Greenwood Dr. (6:00 p.m-7:00 p.m.) District 3: 3/4/25 Corpus Christi Water Utilities,Choke Canyon Room 2726 Holly Rd. (6:00 p.m-7:00 p.m.) District 4: 3/5/25 Janet F.Harte Public Library-2629 Waldron Rd. (6:00 p.m-7:00 p.m.) District 5: 3/6/25 Dr. Clotilde P.Garcia Public Library-5930 Brockhampton (6:00 p.m-7:00 p.m.) 70 https://www.corpusch ristitx-gov/mediaj4l xnkkl e/fy26-py25-aa p-public-meeting-notice-pdf ants Portal L_ Q PRD_Infor WFM G Google ®CPD Maps Q Adobe Sign ®SpanishDict English,.. ©Thesaurus corn Syn... ®Corpus Christi KIII-T... .@ Home-KRISTV co... CNN-Breaking Ne... -aw OO R° a&, — + O 1 1T of 4 C� AVISO AL PUBLICO DEPARTAMENTO DE PLANIFICACION Y DESARROLLO COMUNITARIO FY26/PY2S PLAN DE AC90N ANUAL ANUNCIO DE LA REUNION PUBLICA Por 1,preserve se nonfic,que I,Ciudad de Corpus Christi,Texas,se encuen-actua!mente en el ptaceso de ptepatat su ptu-ro Plan de Acciun Anual(AAP),El AAP es un req—,to data a asignacion anual de forces de la Ciudad de la Subvention on elaq—par,el D..arrol!,C,munitar!o(CDBG), el Pragra a de Asaciacianes de Inversion HOMF(HOMF)y la Subvention para Sol clones de Emergencla(E5G) a troves del Departamento de Viv:enda y Desarrollo Urbane de to,Estados Unidos(HUD). El MP se-ra un plan para el east,de esm,fond,,federal,,en la Ciudad de CorpusChnsti de.de el 1 de ocbibre de 2025 bast,el 30 de.ept—bre de 2026.Los t nan m s de ficiamiento para el a-o FY26/PY25 no han side p,blicado,nor HUD a este ento. Las rondo,FY251P 24 de HUD t.cibido'fu.tan CDBGn m$2,659,704,HOME:$1,119,386 y E5G$234,083 Pero estan sujctuI a cambios en FY26/PY15. A a a as part,, intete,ada, locales a ,nda y desarrolla unitarlo,las,rgdnizaci...s de servicios sociales y los cmdadanos es un elemento t!ave para el prates, de desarrolla del plan. Las t - ayudan a identificat]as necesidades de vivienda y desarrolla comunita,i y stable—p-Hdades para el financiamiento de HUD dutante el proximo De acuetdo con el Plan de Partiapacion Ciudadana de Is Ciudad de corpus Christi, la Ciudad Ilevara a caho Reuniones publicas cri el morrert.y ,gates cue se indican a continuation. Las juntas publicas se Ilevan a caho para proporcionar a todos .e esidentes de la Ciudad una ampha op,rtunld,d de asistir y c,mentar. Distrito 1:2/2712S Biblioteca La Retam,Central-805 Comanche Si(6!00 p.m-7:00 p.m.) Distrito 2: 3/3/25 Biblioteca Public. Be. F. McDonald- 4044 Greenwood Dr.(6:00 p.m-7:00 p.m.) Distrito 3: 3/4125 servicios de ague de Corpus Christi,Choke Canyon Room-2726 Holly Rd.(6:00 p.m-7:00 p.m.) Distrito 4:3/S/2S Biblioteca Public.I.net F.Hart,-2629 Waldron Rd. (6:00 p.m-7:00 p.m.) Distrito 5:3/6/25 Biblioteca Publlca Dr.Clotilde P.Garcia-5930 erockbampton(6:00 p.m•7:00 p.m.) 5,n .sits adaptation,para la movilidad fi,ica,!a d-apanded se vial o la,ne...idads,linguistic.,para pattcipat en Is ne ol unique..can el Departamento de Planific,cion y Desarrollo Comuntari,al(361)826 3816. La nabficacion 48 hero, antes de la reunion p—tt,a ej Departamento de Planificacion y Desarrollo Comunitario hacet a regins razonables para gatant.zat la accesibili,M a la reunion. El p,.poI,t.de la,junta,p611ica,eI: 1.Obtenet la,opinione,y c entano,de mdividuos y organization,, n respect,a Is,necesidades tle vivienda y desarrolla comunitano de la S Ciudad. La information que cdeclada Se utilizara en la preparation del Plan de Action AnuaIFY26/PY25. 2.Para re a r los programa, de Subventions en Sloque para el Desarrollo Comunitario, A„.lotion, de Inversion HOME y ®Suo eennciones para Soluciones de EErns,e-a de!a Ciudad y para CL Search 71 r City of Corpus EN#SPAXAL 9h - iQueremos escuchorde usted! Onose a nosotros para compartir sus ideas sobre programas que pueden mejorar nuestra comunidad, incluidas viviendas asequibles, mejoras en las instalaciones publicas, prevencion de la folto de viviendo Y reparocion de viviendas. iSu voz importa! Habra una prresentacibn abierta en coda distrito de la ciudad. El primer evento sera en el Distrito 1 el jueves 27 de febrero de 6:00 a 7:00 p. m. Para ver los proximos eventos, visite: https://cctx. info/3XaSMwm. #CommunityFirst #OpenHouse Desarrollo de la 412-14) Comunidad l 72 O City of Corpus Christi - Government 4h - (S) Join us at one of our upcoming community Development Open Houses! Share your thoughts on programs that can enhance our neighborhood, including affordable housing, public facility improvements, homeless prevention, and home repair, Your voice matters! There will be an open house in each city council district. The first event will be in District 1 on Thursday, February 27, from 6:00 to 7:00 p. m. To view upcoming events, visit: https://cctx.info/3XaSMwm. #CorpusChristi #CommunityFirst #OpenHouse Community e Iii6iP Development �06 73 FY26/PY25 Annual Action Plan-District Public Meeting District 1 -La Retama Central Library Thursday, February 27, 2025 - 6:00 p.m.-7:00 p.m. Print Name Email Phone AC G .C"I 4S 21 (�`�` q S z1 (o z 4 5+ {/L6L�Lt (,JAVZ Cl 3C" x-C{S Aol c�jj~j�GC sT°J jG 9 (��-V` t� . cv�Y !^ I Kra jam^ 10 , 12 c �vt. 'u lr�= Cam' ;. �e( - - 1 [C t" 13 14 15 16 74 FY26f PY25 Annual Action Plan-District Public Meeting District 2 -Ben F. McDonald Public Library Monday, March 3, 2025 - 6:00 p.m.-7:00 p.m. Print Name Email Phone 1 CrIU�L 1��L >v f`dC[epn0 MC, CD-A ( 3 Pt'o 26 a aW,err ,�i- S�' h 3`� j4�K X fie* ,{ Yx� ( �s f_ CQn^ G 1 71 7� K-15�_ V�XO_vf_ CC (0 8 \ J l VV\ J gin � o/ Z2 0 - 3 L- to /A j AILLPA C& o S a LQ o f 11 12 13 14 15 16 75 FY26/PY25 Annual Action Plan-District Public Meeting District 3 -Corpus Christi Water Utilities (Choke Canyon Room) Tuesday, March 4, 2025- 6.00 p.m.-7:00 p.m. Print Name Email Phone 1 \. r_& 1^- 3(0 1 3 y v + }i.,{ A` VI,Wi'C_C._�cl;( (6 l." LI 7 J��c C'-rm�n rd�� oL�Q a c�JG GUn �1- 'Jy - ea Le g ���� W '�S v�"• "�ll'�'r�j%�'��4 i S'�-•� �' V✓'e i �•�9 t"�_ I `' ! � ��I- � 3�` 4 _. 10 ir 11 12 13 14 15 16 76 FY26/PY25 Annual Action Plan-District Public Meeting District 4-Janet F. Harte Public Library Wednesday, March 5, 2024 - 6:00 p.m.-7:00 p.m. Print Name Email Phone 3 `� tea: G ���MG C S —7a 4 v C T' 1 , a A 6 (t�ir ✓ � r� - CL o'k-cu - '3a 7 U 1 oC� �.DtV�O� vo ck 2 3 Ito 5q-4 9 10 11 12 13 14 15 lfi 77 FY26/PY25 Annual Action Plan-District Public Meeting District 5 -Dr. Clotilde P. Garcia Public Library Thursday, March 6, 2025 - 6:00 p.m.-7:00 p.m. Print!Name Email Phone �+ r 1 [yin � ✓ ��✓�.� kick Z n - ' ,fie ,- C — - 3OV 3 �JC7 n,5 f e'1 0,C_6fY! S 12 `�1�U YYIGi,.-L (J ieAmcA/ v 3Ca --CO qc k- l b ):"U('mera sitx' cc a@ Cew 3 -319-0 3 :(�'n � 0 �+ �-� � g� 10 X/YI YLi K/ &_4t�.CAv L o O(/& �(to 11 12 13 14 15 16 78 FY26/PY25 Annual Action Plan-Office Hours Meeting City of Corpus Christi Basement Training Room Thursday, March 13, 2025 - 2:00 p.m.-4:00 p.m. Print Name Email Phone �C7 a t r�J n 30 s 3-1 2 oa c C Ae of_ C �-- 4 sC- Lovy, �'7 5 C� S\A S \G CCA �C c �l �- �'aCct— _ � 6 7 101 K CC 1— —310i 8 VI(CAR t1Y"L1V C .sCr . C4�i'Y� �►�[ry S�t_o- ?UZ6 9 li .� 1. ev w I# C6-,CkJreX06. Co to 11 ` ® cc54 76 12 6){ 13 14 1s 1161 79 FY26/PY25 Annual Action Plan-Office Hours Meeting City of Corpus Christi Basement Training Room Thursday, March 13, 2025 - 2:00 p.m:4:00 p.m. rr Print Name I 'Email Phone itre_.�:eco ?"f3 . �`f 2. /Y) 21.113*e- 3 r 7 } 5 �t�fQ ��0.'� 'I yK-PY 0-q W) 6 .� �� f s r� -,� 7,7 - C 10 lco�� ' " �v, he'L'�Ie- A,1, 64, YL 0:_Lt tit UJU) 12 J 1��� l V t� c __3 7&_511 99 13 14 ;�i r ti�Cui -Lcr�_ hays ' s 5 (_iJ+�J6T-vxctnj � ;'��t� ��,'y� 175 15 04 16 �vt�cst- �k� evkrrf, bkf- ,'P 0 Yr 'Y" a`. 361 793- 9YZ6 80 Loca I Q Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION Leticia Kanmore City of Corpus Christi-Accounts Payable Po Box 9277 Corpus Christi TX 78469-9277 STATE OF WISCONSIN, COUNTY OF BROWN The Corpus Christi Caller-Times, a newspaper published in the city of Corpus Christi, Nueces County. State of Texas, generally circulated in Aransas, Bee,Brooks, Duval, Jim Hogg, Jim Wells, Kleberg,Live Oak, Nueces, Refugio,and San Patricio Counties, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 05/04/2025 and that the fees charged are legal. Sworn to and subscribed before on 05/04/2025 Legal Clerk Notary,State of WI,C f Brown My commission expires Publication Cost: $1353.04 Tax Amount: $0.00 Payment Cost: $1353.04 Order No: 11270015 #of Copies: Customer No: 1356907 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form fnr payment remittance- SPELLER SPELLER Notary Public State of Wisconsin Page 1 of 2 81 NOTICE TO THE PUBLIC CITY OF CORPUS CHRISTI PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RELEASE OF NOTICE OF FUNDINGAVAILABILITY(NOFA) ANNOUNCEMENT OF TECHNICAL ASSISTANCE(TA) WORKSHOP MEETINGS RELATED TO THE CITY'S FY26/PY25 HUD PROGRAMS FOR CDBG/ESG/HOME The City's Planning and Community Development Department (PCDD) is in the process of preparing its FY26/PY25 Annual Action Plan (AAP) for the City's Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and HOME Investment Partnerships (HOME)Programs for submission to the U.S.Department of Housing and Urban Development (HUD) before August 15, 2025. As such all interested Parties shall submit a Notice of Funding Availability(NOFA)for the CDBG,ESG and HOME Programs. This will allow staff to review and screen all pranasols for eligibility and other requirements. One-on-one interviews will he scheduled for ail applicants who have not Previously received CDBG, ESG, and HOME Program funding for a Prolect within the lost year or as deemed necessary, These Interviews will be scheduled with each oroanizatlen. Staff will hold Technical Assistance(TA)workshop meetings for the City of Corpus Christi's FY26/PY25 AAP that include the CDBG, ESG and HOME Programs. The Purpose of the TA workshops is to Provide program information, receive comments concerning housing and community needs and answer questfons regarding NOFAs and the Process- All interested persons are invited to attend any of the following meetings. DATE:May 15,2025 PLACE AND LOCATION: City Hall,1201 Leopard Street,6th Floor Conference Room. MEETING TYPE:TA Workshop TIME!CDBG-9:00 a.m.;ESG-10:00 a.m.:HOME.11:00 a.m. Nonprofit organizations providing services to low- and moderate-Income Individuals are invited to attend any of the above meetings. ADA and Equal Opportunity Compliance Statement If you need accommodations for physical mobility,sen$ory Impairment or lenguage needs to oarliefoote In the meeting, please contact Leticia Kagmare at 361-826-2816. Notification d8 hours Prior to the meeting will enable staff to make reasonable arronsemenis to ensure occessfbilily to the meeting. Staff will release the FY26-PY25 NOFAS an tylQy--S, 202 - NOFA Applications will be available at the above scheduled TA Workshops and the following website hit as:Uwww.corPusehrlst I x.eav/depa rl men I-direr lorel planning community-development/and at PCDD, City Hall, 2nd Floor, 1201 Leopard SL, Corpus Christi, TX. NOFA Applications shall be emailed to IellclokOcctexas.com due no toter than 5:00 p.m. on Tuesday, June 3, 2025. NOFAs received after above due date and time w111 not be considered.For further information,you may contact Leticia Kenmore,Grant Monitoring Manager,at 361.826.3816. Any Changes will be pasted online an the City of Corpus Planning and Community Development Degarlmenl website at ht1ps.1AWww.carqu s_Chrlsll lx.gov/de Part men)-dILctary_/ Plonnina-tern muni tv-deve,l❑nmen tt AVISO AL PUBLICO CIUDAD DE CORPUSCHRISTI DEPARTAMENTO DE PLANIFICACION Y DESARROLLO COMUNITARIO LANZAMIENTO DE AVISO DE DISPONIBILIDAD DE FONDOS(NOFA) ANUNCIO DE LA JUNTA DE ASISTENCIA TECNICA (TA)RELACIONADAS CON LOS PROGRAMAS HUD DE LA CIUDAD PARA EL AAO FISCAL 2026/PY2025 PARA CDBG/ESG/HOME El Departamento de Planiflcaeldn v Desarrollo Comunitario de to Ciudad(PCDD),est6 an at Process de Pre Poror su Plan de Action Anuat (AAP) Para los Programas de Subvention an Bloque Para e1 Desarrollo Comunitario (CDBG), Subvention Para Saluciones de Emergencia (ESG) Y Asociaciones de Inversi6n HOME(HOME)de to Ciudad Para su presentocl6n of Departamento de Vivlendo Y Desarrollo Urbane de los Esiados Unidas (HUD)antes del 15 de agosto de 2025. Como tat, todas las portes interesadas deberon presenter un Aviso de Oi$oonlbliidad de Financiamiento (NOFA) Para los Programas CDBG. ESG Y HOME. Esto Permitira at Personal revisor Y examinar Codas las proPuestas de eleglb111dad y afros requisites.Se Programordn entrevistas individuates Para todas los solicitantes que no hoYan recibldo Previamente fandes del Programa CDBG, ESG Y HOME Para un Prayecto an e1 ultimo ano a segOn se constdcre neceserio. Eslas entrevistas se programar6n con cado arganizackin. El Personal llevora a cabs vna sesi6n de iuntas de Asistencia Tdcnica (TA) Para at AAP FY26 /PY25 de to Ciudad de Corpus Christi que Incluye los progromas CDBG, ESG Y HOME. El Prop6sito de to mencionado as Para proveer informaci6n sabre at Programa, recibir comentarios sabre las necesidades de viviendo v de to camunidad v responder Preguntas sabre los NOFA Y at proceso. Todas leis Personas Interesodas esl6n invltadas a asistir a cualquiera de las slguientes reuniones. FECHA:15 de mavo de 2025 LUGAR Y UBICACION: Ayuntamienta, 1201 Leopard Street, 6"Plonta Sala de conferencias. TIPO DE REUNION:Toiler de asistencia tecnica HORA:CDBG-9:OD a.m.; ESG-10;00 a.m.:HOME-11;00 a.m. Las organizaclones sin fines de lucro que brindon serviclas a Personas de ingrosas bolas Y moderodos eslon Invitados a asistir a cualquiera de leis reuniones anteriares. Declaration de cumpllmiento de to ADA Y to igualdad de oportunidades Si neceslta adoptociones Para to movilidad fisica, discapacidad sensorial a necesidades de leneuaie Para Participor an to reunl6n,comuniquese can Leticia Kannnare at 361-926.3816. La notiflcocl6n 48 hares antes de to reunion Permitird at personal hater arreglos razonables Para garonlizor to accesibilidod a la reunt6n. El Personal Ianzara los NOFA FY26-PY25 el 5 de mavo de 2025. Los solicitudes de NOFA esloron disponibles an las luntas de asistencia t6cnica programados onteriormente Y en at slgulente sitlo web https://www.corpuschristitx.gov/ de Par tment-dIrectorylp)annlno-earn munity-development/Y an PCDD, Avuntomlenta. Oda Pisa, 1201 Leopard St., Corpus Christi.TX, Las solicitudes de NOFA se enviardn Par correo electr6nico a leiIctok®cclexas.cam venceran a mds tardar a las 5:00 P.m. del Mertes 3 de lunlo de 2025. Los NOFA reclbldos desnues de las fechas Y hares de vencimlento onlerlores no serdn conslderados. Para obtener mds informaci6n, Puede comunicarse con Leticia Kenmore, Gerente de Monttorea de Subvenclones.a1 361.826.3816. Cualquier combio se Publicard an Iinea an at sitio web del Departamento de Plonificocidn Y Desarrollo Comunitarlo de 82 to Ciudad de Corpus an hllos://www.corpus ch19EM nov/deoartm e n t-d i rec torv/ol en rt(na•comm u ni 1 v develoomrn 1/ 4E I SUNDAY,MAY 4,2025 1 CALLER-TIMES TO ADVERTISE VisitClass*1f*1eds Our Webslte: TO Advertise,visit our website:Classifieds.caller.eom CM VISA 'iJ Classifieds.caller.com Public Notices/Legal,email:LegalsCacaller.com business&Services email:Servicedirectory a caller.com To postjob openings,visit:Caller.com/jobs Assorted BID NOTICE BID NOTICE 2025,by 2:00Pm CT.Bidder NOTICE TO THE PUBLIC The lit,of[araus Ghrisll is The Gifv a1 Gamus Gh risil is shall submit their bid s CITY OF CORPUS CHRISTI 3 �InUS 01 ihln,_. caudally accepting bids far: currendv accepting bids far: submial g " leciran cBtl II't PLANNING AND COMMUNITY DEVELOPMENT RF8 #6531 - Pd01 N)J RFB 649]-Overhe.d Daar a DEPARTMENT Fitting.,for Wastewater The keptllYI far Fire 1 1,.mI bids roust be subrnitfed vi RELEASE OF RFB is vtlilable an the The RFB is tlr rl I an the the Clfv's Supplier rdfOr. NOTICE OF FUNDING AVAILABILITY(NORA a z Supplier Poridl: Gitv's Supplier P.rtal However, if bitltler prefers ANNOUNCEMENT OF TECHNICAL ASSISTANCE THE NCI (TA wvr cctexas.cam/business/s hitp:lnnrvrIn'.cc Art I comNusi s„timid, a hard r f WORKYM HUD PROGRAMS MSFOR RELATED TO/ESG/H ME P r2lurial ness/suphlie I-Art Inc bid,the submittal pshall FY2NPY25 HUD PROGRAMS FOR CDBG/ESGMOME A Pre-Bitl Conference n'i 11 he A Pre-Bid Conference will he be eturnetl, in setlletl The city', Planning and C mmunity Development Y,eld ur.M.,b,1015,a110:00 held an Mav ], tots, at .utstdepe wtfY�}he abtddelri's Department (PLOD) ,s to the p cuss of p e-l- a ifs (CT] All Bitltlers are 10:30am CT.All bitltler,a FY_PY15 Annual A,,h.h Plan (AAP) fur the�nC ifv's am getl to atfentl by encourdgetl to atfentl via name antl tldress tl RFB community Development Block Grant(CDBG),Emergency WedEx. WebEx. tuber.Bids mygt be tim@ Solufi en,Grant(E5G]and HOME 1--th-It Pdriner hips oucs110ns canccrnin }hc Oudsfians cancer M the stampetl by the elO.ing tlate (HOME)Pragrtlms for sUb1O,hAI to the U.S.Dehtlrt-It of RFB are tlue an Mav 13, RFB are due on niMay ld, and firth:. Bids II be H.,Ing and Urban D i,Lrr lit(HUD)before August IS, 1015.Bltlders'q es110ns shall S,by S:00pm LT.Bidders' PVb"cry OPMed(by WebEz) gals.As such tl interested tlrfies shall submit tl Notice of A' submitted�irAritir,g, questions shall be subrnitfed tl reOtl alOVtl Immetllately Funding AvailabililV(NOFA)far the CDBG,ESG and HOME 1 new Hand,genardfors online".the cliv's Supplier In writing, online . fie toll ' the bid ZV dale Pragrams.This will allow stall fa re and screen all EUlloo P.rfdl u y the eleeiror,ie Gitv's S palter Porfol u and time at City Hall. awls far eI"biliiv tlnd other c wen},,One•onwne r rchpsed 7I 1$l eon each question feature,sdecifir.to the eleriranic .Iest'oi, Addressed to: }epA-,will be scheduled for all d..Iichit,lie blue not obo birry.nzalez®Yah.....m it is bid. feature,speci f is f.this bid. City of Corpus Christi pre auclY r ved CDBG, ESG, tlnd HOME Pragram 361-]]4--A Corpus Christi Bids are due an MAY 28 923, Blds are due an IAA,z8 0z5, Cartraetf n d Prac emenf funding for O ar r,: within the Insf year r s deemed at 1:00 PM CT.Bidder shall by 1:0uhm CT.Bidder shall r r necessary.Theseaiinierviews will be scheduled tlwiih each submit heir bid subm,t heir tiro 1201 Leopard, arganiz an. in irueied in the RFB. If instructed In tie RFB. If Corpus Christi,TX 7e401 Staff will hold Technical Assistance(TA)werkshou meetings birbmitting el 1r.nicellV, ubmOffing etibIn'nicdl a Attn:CYnihi Per r 1,'CDC of Corpus Christy,,FY16/PY25 AAP}hat ii luJe ds must he submitted v, bids must be submitted v, 361-8263162 a 1I,e CDBG,ESG unit HOME Programs.The purpose A the the City', Supplier Parfal. the City', Suppher Parfal. TA workshops is td h av,de prog infdrmmian, (a°1,(gllen,Seed,bins,e1G,. er,a submit btddetl submdfing ifd btddedr cu The City BID NOTICE ems cancer grhdusing and c umN Idedsc and o Corpus Christi is estions nr aiding NOF4s and then --. All o,At the bid,the su bm nat the bid,the s,lbrhilI.I ps all currently eptine bid.far nteresteduI-Ons are invited to attend any of lie fola.m. shall be,',t,hned In eared be 'et,,'ned, n eared the eonsireell,n of: -clings. velape mar- a s the velape a,'ketl a y the RFB 6543-DEAAG NAS-CC DATE:/Aa 15,1a15 Hay for Sol outside v/ith }he bitltler', au}side with }he bidtleri Wastewater LlneB Manhole PLACE AND LOCATION:CIty Hall,12m Leopard Sired},tiff, Sono Ra Bales,[asfal s50 per d address, d RFB d antl tldress A d RFB I p,vement. Protect No. FI Conference R.a,n bale,aehvery available. tuber.Bid-mu-1 and }inn tube,'.Bid-mu-t be fit a 23085.The RFB available MEETING TYPE:TAW'kshop Call 713-562-0601 stamp d bV the closing date stamped by the clos-I dg tldte s Gilydst: TIME:CDBG-9:00 a.m.;ESG-10:00 a.m.;HOME-11:00 a.rr and Ilene. Bids ill be and Ilene.Bids will be publ i- ILHPsWedew.eiveosiusa Non r.fil zdlia viding la low- and Careers pubhclY. ed(bY Webex) c,IIV p,d antl read V, rotas cam der.U,i .me ii,in-,als d,'e invitetl t.atfentl any of the a d read aloud ediately edi,telV ullmvinh the A Pre-Bitl Conference III b.-meetings. for lowi ra the bid due dale bid due date and time at city b held Wed esd c,May ADA and E uo1 Opportunity Compliance Statement 6 g d d time .1 CitY Hall. Hall. 7e2025,at 10:00 AM(T In are If v eed oc ammoddtio-f r Ph -i ldI ability,sea-orgy Addressed to:City of Corpus Addressed to:CirY of Corpus WebEx. Instructions i pairdrent a'I Udg need,to .rti c'ppim n its eetin i2Vr b°IdildaC,,, Christi Christi %ri,d the RFB dpcu- lease contact Leticia K.nmore It 361•B]63616.N.tific.tian Contracts.nd Pmcuremeni- Conirdc}s.nd Pmcuremeni "eat. Bid' due 48 hours Altar to the meeting vuill enable st.fi to make ® is Floor lst Floor Wallin ISM, Y,June d 2s t reasa,able nrr.ngement, IS ensure .ccessibiliiv to the ism Leaudrd,Caruus Christi, llm Leopard,Carpus Christi, 2:00 PM TIT).Bitltlers shall meeting: n TX]84m TX]8401 submit their bid .s Staff will 'ele, fie FVs4-PVsS NOFA,a Affn:A1hne Alvarddo Atfn:Mdr-Lozano nsfrucfetl in}he HIS.Eldc- N,FA Applications will be available at tie°bo d :561-B1b-3163 361-926:19 from must b submit- TA ,bitl, e bmit- TA ..rk we shaps and the foll.vuing bsite feit vd the c dst slid n Mips:/i'n'wvu.corpuschrisfitx.gay/depor}menr direcforV/ BID NOTICE BID NOTICE 11,than the Id.fe and time planning•c.mmunlfv-development/and.t PCDD,City Hall, Prepare accurate& The City of Carpus Christi i. The ClI,of CMPUS Christi is pecifietl. Bitltlers sh.ultl lad Floor, 1z01 Leopard Si., Corpus Christi,TX. NOFA mplaid de,iAIA& went y accepting bids tar C. renfI accepting b(tls either submit a bid elec}rdni- Applications sh.11 be en.11ed f.Ie11G1ak000leza..eOm due calculations to meet hroiect the Con4lrecilon 0l: far• cslly air submit.bid in a a later than 5:00 m an Tuesday,June 3, 0zs.NOFA, s.Telecom h,permlfred RFB #6546 Brass Service RFB 6540-Vault Cleaning sealed envelope m.rkdd on ved after A.- due ddid and time �n'ill of be d For complete lab Water Fiifings 5¢IV the aufsitle"it,the bitltler', onslde,'ed.For Nrfher Infom,aiion,von may can}nct Leticia Udesc,'ipt ion,r atuements The RFB available on}he The RFB available on the name, in in, tl RFB Kinhhh. ,Grant Monitoring Manager,at 361.826.3816. dad 1.dphly,y.to: City,supplier Portal Lhv',wpplier Portal number rd City Hall Ind later A ry ennr,ges n'ill be °sled a,lir,e r,n,e edv at damns mfps:/n<entplG.com/ - ggp:/lwww-a_lez .eombus than}he tlafe and time sped- Planning and C "thin',"' Oepnrfrnenf vuebslte eleeirlcal-er,y,neer-keno 5� iness/wPPlp,rtol fled.Bias will be PUbIIOIY of ,tutuhr gineers-can trucfars-ins A Pre-Bid Conference will A pre-Bid Conference will oPmetl tl d aloud prof,ulna-�nrnrnrn,rrv-n,-v.lnorn.r,1/ c.rpus•christi•ix. be held on May 15,2025,at be held an May 6,2025,at Immetllately following the "ISO AL PU BLICO 10:00 AM (CT) All 11:00am CT.All bidders are bid tlVB data and time via CIUDAD DE CORPUS CHRISTI Professional Bitltlers are etc,u 1 io d c0u ragetl to atfentl virtu- WebEx. ring review the DEPARTAMENTO DE PLANIFICACION Y Due on. by VJebnx r Irv. one bid ,outing connection FB DESARROLLO COTO DE RIO Questions once n e the Questions ernin8 the options,utlinetl in the RFB LANZAMIENTO DE Al re tlue o May 20, RFB ar due May 13, far Instructions. "ISO DE DI SPONIBILIDAD DE FONDOS(NOFA) 2025 by 5:00 PM (CT). 2pTS, by S:pOom CT. Addressed to: ANUNCIO DE LA JUNTA DE ASISTENCIA TECNICA all Uf EE I$... Bitltlers'questions shall be gidtlers' puesiians shall be Cih of Corpyus Christ (TA) RELACIONADAS CppN LOS PROGRAMAS HUD DE ro s,a the etl in writing,online submitted in Arifing,dnllnc Finance dPuoeuremenf LA CIUDAD PARA EL ARO FISCAL 2026/PY2025 PARA via the city',suuhlier Portal 'a the city',�tnpl,,r Parfal list Floor CDBG/ESGMOME using the electronic question is the eleGtr ,puesilan 1201 Leopard Street- El Depari.menfe tle Pldnificaciod v Des.rrollo Comunifario feature,specific to this bid. fenturd,specific fd}his bitl. Corpus ChrMi,TX 7Rp1 tle la Ciudatl 1PCOD).e"i en el lira....tle preps rar su Plan Bid. due June 5, Bids are due May 26, Attn:Betsy Roque de AGCIon Anu.l(AAP)Para los Programas de Subvencion CALL 2025,at 2:So PM CT.Bdtler -r - en BI...Is hard d Did-rroeo Chnn-nano (CD stall submit their bid Subvencion lid soluci HOME ( Emeryen In (E5G1 TILE instructed ir, tie kFB. If As it,nes tle Inversion HOME(HOME),Id Ciudatl liar. ,ubm thing el b,.ilnicolly, suepreseniacion al Oeparia,nento tle Viviena 1 Desorrollo bids roust he subrnitfed 11 BID NOTICE Urbana de los Estotlos Unitlos 1HUD1 antes del 15 de dgosio III, Cdv's Strutter Portal. The CNY,f Corpus ChrSTIT currently accepting bitl,tor: de tots.Cumu ial.}odds Ids a Fes feresddds de rn, However, if bidder prefers RFB RFU is Ma h c Gotha 11 dACC oil r -) r A .de Di.u.nibiliaad de FinanGiamienr. s braining a hard G Y f The RFB is available an the Citv's Supplier Portal: (NOF 47 par has . rdrd CDBG,ESG V HOME.Esfa BECAUSE YOU DON'T o- p}.11tl mortal mitird I per I revisdr Y "am nor Iodds Ids WANT T DO I.1 }i, bid,the sub IOJ shall www M y 7,2025,of 11:00 hint ds de deaibilidad Y ofras requisites.Si,urograrri FRANK(361 813-1929 ie reiurnreod- ,led en - pm(CT)All Bidders a,'e encouraged to offend by WebEx. anirevisias n,hdudles hard Ind-Ids-1-dames A-no (361)lbeGRILL(994-]455] lope rked the Questions neernin.the RFB are tlue an MaY 11,2125. hay. recibido enfe fond,,dal Pmurnm.CDBG, omfalbMOrillelapnin0.e0m tsid and/�addr}he and kFB Bidders'q e tiaras shall be submitted i r,'iting,online v ESG Y HOIAE h ecto a el ultimo. - nam t be the city', Supplier Portal using the n elecironlc questi n co,iodic necesdr.ulEsi.syenirevisms se 'o o Begun se tl Your SOU,,, time idea Eby the closino id.ture,suecit i s fa th is bid crrid-ntendon. prep rdn,drdn con date and time.Bids will be Bld3 are due on May 28,2025,at 2:30 PM CT.Bidder shall El hersondl Ilev.ro a cab.11,lesion he Ill—he A-istenci. f 1 publicly opened (by -tb,nii their bid.s instructed in the RFB.If submitting elec• Tecnic.(TM p el AAP FY16/PY15 de In Ciud.d de Web ex) and d aloud irnh,IIV,bids must be submitted vI,the Cit/'s Supplier Caruus Christi it Ind—los p r s CDBG,E5G Y eue IY following the Portal.However,-f the bidder refers to-ubrnif.I'd"copy HOME. El p osite de I. n c tided fOY the latest... biA dye day and time of f the lid,the,ubm iii.l hall be returned,n o sealed nve- n-r-ion sabre el pro ocibir cos,Itari.,�.br, City Hall. andtusked o the }side with the bidder's n e, ddress, Ids sid.des de d.dVnde I.c uniddd v ponder Atltlressetl fo: ntl kF8 number.BIdB must be tlm&Stomped by the elo.- egumds sabre toe NOFA v el pmcessa T.Gds 11,personas City of COfPas Christi Ina tlafe antl time.Bids will be Publicly opened(by Webez ipnteresddds esidn invitddds a asistir a cudlquierd de Ids Contracts and Procurement ad read aloud Immediately following the bid due dote and 'u, tes ream ones. Application has been 1st Fluor time of City Hall. F ECHA:15 de mdY.de 1025 made With the Texas 1201 Le"ard,Curpus Addressed to:City at Corpus Christi LUGAR V UBICACIO N:Avunidmient.,llm Leopard Street, Alcoholic Beverage Christi,TX 7841 Contracts and Procurement-1st Floor bplon}d Said de...H""cids. Affn:Minerva Alvarado 1201 Leopard,Corpus Christi,TX 784D1 TIP,DE REUNION.Taller de.sistenci°tecnic. Commission for tl 361-826-3163 Attn:Minerva Alvarado HORA:CDBG-9 00 A-;ESG-10 00°.rl HOME-11 00°.m. MB-Mixed Bever- 361-926-3163 LI,mgdni...lanes in finds de tun.A-b,ill se rvid.s d age Permit and dd ingrd�-bdios v moderddo,d�tan invimdd,a p�i�nl".;cadlgmdrd de m�rd-whe,dht,rmrd,. FB-Fbad and Bever- Decl.rdcibn de cumuli mien},de Id ADA Y la igudlddd de age Certificate by SELL IT BUY IT FIND IT .p.rt,nitl°tle, EMPRENDEDORES Si neee-�m adaptdeiane� p I. na ilid.d firma, MEGAFER INC dba di,eap°ddod sun• ioln,Aar�,u aquadeC de ten WINGBAR&GRILLL cars,tickets, rfidpm 1a r Letiea K6 .AI, anti Ues,motorcycle, "1 361•elh3e816.Lay niotificadb.40 h°r.s antes de 1,r to be located at 5017 q Y pe nwo-a aI -s 1 hazer .-Abs„l I-rableseUP a computers,boats, antizar I°accesibilldad a(d re SARATOGA BLVD Ei.p ,dl lanzard has NOFA Fvze-1=vzs el s de-Y.de SUITE 131 CORPUS sports equipment, zazs.e�a:solicitudes de NOFA esinrd„disponrole:e,m: CHRISTI, NUECES instruments,jewelry, asistenda idrniea ra%-,'Zdos dme,iormenfeven 1 Y Ii r menfe ,tiro eb i,rips:/nvv,/,.'.�arpus�msrirx.gov/ COUNTY, TX 78413.said furniture,jobs,your deport,neat•direct.,'v/pl°nningcammunirv-develapmenv v en cMannaompaer of said PCDD,TX Las car.,sda Pis.,Ism Lc.pord St.,camas company is STEPH- _ next pet,collectibles, Christi,Tx.Las solicitudes de NOFA se a„Y'I.rd apI, A. ANTE DANIELLE �,� _-- p garage Ieardnico a IetiaakUcaexas.cam ve„cdi, °m s}ardor a OVsports tickets, ara a ins 5:0n n.ad Mantes 3 di,Ion o de znzs. s t NO SE RGE NT PRESI- sales,new homes and Gidmos pae,ppe,ae Ins ferns:v�nor_de venelm,enm /� u� nsiderndos. P.ro bit,- m DENT/SECRETARY «j P / '� so much more Pnrdran= , Leticia K-m n, OF MENTIONED li,al M.,itarea dr Subvendnnea,Id1361.8z6.3S16. ENTITY.. cua1,,rr,Arrffi,, public 6 cr.lines er,el sh'Io web del May z 4 2925 Check out the classified ads everyday. In El.sae"'T dd.,onlBcdcior,y Dd,arrouo m,I.de LACCO288916 "� SELL YOUR CAR ADOPT A PET . GET A JOB FIND A HOUSE BUY A BOAT FIND A TREASURE GET A MASSAGE MR& A HAIVOYMAN Check out the classified section everyday. @ 83 NOTICE TO THE PUBLIC CITY OF CORPUS CHRISTI PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RELEASE OF NOTICE OF FUNDING AVAILABILITY (NOFA) ANNOUNCEMENT OF TECHNICAL ASSISTANCE (TA) WORKSHOP MEETINGS RELATED TO THE CITY'S FY26/PY25 HUD PROGRAMS FOR CDBG/ESG/HOME The City's Planning and Community Development Department (PCDD) is in the process of preparing its FY26/PY25 Annual Action Plan (AAP) for the City's Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) and HOME Investment Partnerships (HOME) Programs for submission to the U.S. Department of Housing and Urban Development (HUD) before August 15, 2025. As such all interested parties shall submit a Notice of Funding Availability (NOFA) for the CDBG, ESG and HOME Programs. This will allow staff to review and screen all proposals for eligibility and other requirements. One-on-one interviews will be scheduled for all applicants who have not previously received CDBG, ESG, and HOME Program funding for a project within the last year or as deemed necessary. These interviews will be scheduled with each organization. Staff will hold Technical Assistance (TA) workshop meetings for the City of Corpus Christi's FY26/PY25 AAP that include the CDBG, ESG and HOME Programs. The purpose of the TA workshops is to provide program information, receive comments concerning housing and community needs and answer questions regarding NOFAs and the process. All interested persons are invited to attend any of the following meetings. DATE: May 15, 2025 PLACE AND LOCATION: City Hall, 1201 Leopard Street, 61" Floor Conference Room. MEETING TYPE: TA Workshop TIME: CDBG-9:00 a.m.; ESG-10:00 a.m.; HOME-11:00 a.m. Nonprofit organizations providing services to low- and moderate-income individuals are invited to attend any of the above meetings. ADA and Equal Opportunity Compliance Statement If you need accommodations for physical mobility, sensory impairment or language needs to participate in the meeting, please contact Leticia Kanmore at 361-826-3816. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to the meeting. 84 Staff will release the FY26-PY25 NOFAs on May 5, 2025. NOFA Applications will be available at the above scheduled TA Workshops and the following website https://www.corpuschristitx.gov/department-directory/planning- community-development/ and at PCDD, City Hall, 2nd Floor, 1201 Leopard St., Corpus Christi, TX. NOFA Applications shall be emailed to leticiak@cctexas.com due no later than 5:00 p.m. on Tuesday, June 3, 2025. NOFAs received after above due date and time will not be considered. For further information, you may contact Leticia Kanmore, Grant Monitoring Manager, at 361.826.3816. Any changes will be posted online on the City of Corpus Planning and Community Development Department website at https://www.corpuschristitx.gov/department- directory/planning-community-development/ 85 "ISO AL POBLICO CIUDAD DE CORPUS CHRISTI DEPARTAMENTO DE PLANIFICACION Y DESARROLLO COMUNITARIO LANZAMIENTO DE AVISO DE DISPONIBILIDAD DE FONDOS (NOFA) ANUNCIO DE LA JUNTA DE ASISTENCIA TECNICA (TA) RELACIONADAS CON LOS PROGRAMAS HUD DE LA CIUDAD PARA EL AIVO FISCAL 2026/PY2025 PARA CDBG/ESG/HOME El Departamento de Planificaci6n y Desarrollo Comunitario de la Ciudad (PCDD), est6 en el proceso de preparar su Plan de Acci6n Anual (AAP) para los Programas de Subvenci6n en Bloque para el Desarrollo Comunitario (CDBG), Subvenci6n para Soluciones de Emergencia (ESG) y Asociaciones de Inversi6n HOME (HOME) de la Ciudad para su presentaci6n al Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD) antes del 15 de agosto de 2025. Como tal, todas las partes interesadas deberin presenter un Aviso de Disponibilidad de Financiamiento (NOFA) para los Programas CDBG, ESG y HOME. Esto permitir6 al personal revisar y examinar todas las propuestas de elegibilidad y otros requisitos. Se programar6n entrevistas individuales para todos los solicitantes que no hayan recibido previamente fondos del Programa CDBG, ESG y HOME para un proyecto en el ultimo ano o seg6n se considere necesario. Estas entrevistas se programar6n con cads organizaci6n. El personal Ilevar6 a cabo una sesi6n de juntas de Asistencia Tecnica (TA) para el AAP FY26 /PY25 de la Ciudad de Corpus Christi que incluye los programas CDBG, ESG y HOME. El prop6sito de to mencionado es para proveer informaci6n sobre el programs, recibir comentarios sobre las necesidades de vivienda y de la comunidad y responder preguntas sobre los NOFA y el proceso. Todas las personas interesadas est6n invitadas a asistir a cualquiera de las siguientes reuniones. FECHA: 15 de mayo de 2025 LUGAR Y UBICACION: Ayuntamiento, 1201 Leopard Street, 6a planta Sala de conferencias. TIPO DE REUNION: Taller de asistencia tecnica HORA: CDBG-9:00 a.m.; ESG-10:00 a.m.; HOME-11:00 a.m. Las organizaciones sin fines de lucro que brindan servicios a personas de ingresos bajos y moderados est6n invitadas a asistir a cualquiera de las reuniones anteriores. 86 Declaraci6n de cumplimiento de la ADA y la igualdad de oportunidades Si necesita adaptaciones pars la movilidad fisica, discapacidad sensorial o necesidades de lenguaje pars participar en la reuni6n, comuniquese con Leticia Kanmore al 361-826-3816. La notificaci6n 48 horas antes de la reuni6n permitir6 al personal hater arreglos razonables para garantizar la accesibilidad a la reuni6n. El personal lanzar6 los NOFA FY26-PY25 el 5 de mayo de 2025. Las solicitudes de NOFA estar6n disponibles en las juntas de asistencia tecnica programados anteriormente y en el siguiente sitio web https://www.corpuschristitx._oq v/department-directory/planning-community- development/ y en PCDD, Ayuntamiento, 2do Piso, 1201 Leopard St., Corpus Christi, TX. Las solicitudes de NOFA se enviara'n por correo electr6nico a leticiak@cctexas.com vencer6n a m6s tardar a las 5:00 p.m. del Martes 3 de junio de 2025. Los NOFA recibidos despues de las fechas y horas de vencimiento anteriores no serin considerados. Para obtener m6s informaci6n, puede comunicarse con Leticia Kanmore, Gerente de Monitoreo de Subvenciones, al 361.826.3816. Cualquier cambio se publicar6 en linea en el sitio web del Departamento de Planificaci6n y Desarrollo Comunitario de la Ciudad de Corpus en https://www.corpuschristitx.gov/department-di rectory/planning-comm unity- development/ 87 ® Public Nofiaes and Doarnentsfc x + — ri x 8 https://www.corpuschristitx.gov/department-directory/planning-community-development/community-development/public-notices-and-documents-for-public-comment/ A� y� (3 {= sign in •• I] ®CPD Grants Portal L... [J PRD_Infor WPM G Google Q CPD Maps ©Adobe Sign ®Snanishi],English... IY Thesaurus com Syn.. ii Corpus Christi K II-T Home-KRISTV co... CNN-Breaking 1e Suggested Sit- ®Bing ) Otherfavorites Q City of Living in Recreation Business Leadership City Q Corpus Christi Our Community &Culture &Development &Government Departments About Us Planning Community Development Sitemap <Home<Department Directory<Planning&community Deve... <Community Development<Public Noticesand:)ocumen_ Public Notices and Documents for Public Comment ® Department Directory Planning&Community FY2026 Notice of Funding Development Availability About us + • Community Development — • Funding Opportunities • Plans and Reports + • Programs + • Public Notices and Documents for Public Comment • Planning + • Silemap View Full Menu s<hdrau.g:,�/department-directny/Planning-,ommnnay-de�elnpmanvplanning/ � (� ` - ® 2-13PM Q Search � S/5/2o25 88 g https://www.corpuscl,ristitx.gov/media/rngnauSj/fy26-py2S-notice-to-the-public-nofa-final_pdf { 1�= slgnln ... Q J Grants Postal L._ Q PRi WFM G Goog le CPD Maps ©Adobe Sign ®Sp nish Dict English.._ Thesaurus—Syn.. a Carpus Chtsti KIII-T.- @ Home-KR STV ca... ©CNN-Breaking Ne Suggested Sites Binu > Otherfavo,i cl Dew a85 — + L_�] of4 NOTICE TO THE PUBLIC CITY OF CORPUS CHRISTI PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT RELEASE OF NOTICE OF FUNDING AVAILABILITY(NOFA) ANNOUNCEMENT OF TECHNICAL ASSISTANCE(TA)WORKSHOP MEETINGS RELATED TO THE CITY'S FY26/PY25 HUD PROGRAMS FOR CDBG/ESG/HOME The City's Planning and Community Development Department(PCDD) is in the process of preparing its FY26/PY25 Annual Action Plan(AAP)for the City's Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG)and HOME Investment Partnerships(HOME) Programs for submission to the U.S. Department of Housing and Urban Development (HUD) before August 15, 2025. As such all interested parties shall submit a Notice of Funding Availability(NOFA)for the CDBG,ESG and HOME Programs. This will allow staff to review and screen all proposals for eligibility and other requirements. One-on-one interviews will be scheduled for all applicants who have not previously received CDBG, ESG,and HOME Program funding for a project within the last year or as deemed necessary. These interviews will be scheduled with each organization. Staff will hold Technical Assistance(TA)workshop meetings for the City of Corpus Christi's FY26/PY25 AAP that include the CDBG,ESG and HOME Programs. The purpose of the TA workshops is to provide program information,receive comments concerning housing and community needs and answer questions regarding NOFAs and the process. All interested persons are invited to attend any of the following meetings. DATE:May 15,2025 PLACE AND LOCATION:City Hall, 1201 Leopard Street,6th Floor Conference Room. MEETING TYPE:TA workshop TIME:CDBG-9:00 a.m.; ESG-10:00 a.m.;HOME-11:00 a.m. Nonprofit organizations providing services to low- and moderate-income individuals are invited to attend any of the above meetings. ADA and Equal Opportunity Compliance Statement - If You need accommodations for physical mobility, sensory impairment or 44 PM Q Search LA � [� _ 151202255 - - 89 https//www.corpusch,i,titx.gov/media/rngiiau5j/fy26-py25-notice-to-the-pubI.c-nota-tinaI.pdf '`- Sig , A••• o Portal L- O PRD Info,WFM G Google (0 CPD Maps a Adobe Sign ®Spanish Dict English.. 0 Thesaurus com Syn. Corpus Christi KIII-T.. Q Home-KRISTV co... MINN-Breaking Ne.. (a Suggested Sites ©Bing ) CD Other favorites ri Q ❑T A� di5i — + DE of J LB Q ® IT ° Staff will release the FY26-PY25 NOFAs on May 5,202S NOFA Applications will he available at the above scheduled TA Workshops and the following website httos://wvuw.corouschristltx.gov/department-directorv/olanninq- community-development/and at PCDD,City Hall,2otl Floor,1201 Leopard St., Corpus Christi, TX. NOFA Applications shall be emailed to leticiak@cctexas.com due no later than 5:00 p.m.on Tuesday,June 3,2025. NOFAs received after above due date and time will not be considered. For further information, you may contact Leticia Kanmore, Grant Monitoring Manager,at 361.826.3816. Any changes will be posted online on the City of Corpus Planning and Community Development Department website at httrs://www.corpuschristitx.gov/department- directorv/olannina-community-development/ rtmen[-direc[o /I t development/ �MM epa ry panning<ommun,y- �� Q SealCh ` � � — •� . © 2.J5 P. 25 5 90 b https://—,,.mrpusch,i,tilx.g.v/media/rngnau5j/fy26-py25-notice-to-the-public-nofa-flnal.pdf j Cj {`_ (:" .•. O J Grants Portal L.. Q PRD 1Mi,WFM G CPD Maps Q-&he Sign ®SpanlshD a English.. ©Thesaurus cam Syn.. Vd'Curpus Christi KIII T... @ Home KRISTV c� ®CNN Brea<Ing Ne.. Suggested Stes Bing ) C]Other£avorites O Draw ❑O A° a — + O I E erp @ r n 4 4 ® I T 0 Is AVISO AL PUBLICO + CIUDAD DE CORPUS CHRISTI DEPARTAMENTO DE PLANIFICACI6N Y DESARROLLO COMUNITARIO LANZAMIENTO DE AVISO DE DISPONIBILIDAD DE FONDOS(NOFA) ANUNCIO DE LA JUNTA DE ASISTENCIA TECNICA(TA) RELACIONADAS CON LOS PROGRAMAS HUD DE LA CIUDAD PARA EL AWO FISCAL 2026/PY2025 PARA CDBG/ESG/HOME El Departamento de Planificaci6n y Desarrollo Comunitario de la Ciudad (PCDD),esta en el proceso de preparar su Plan de Acci6n Anual(AAP)para los Programas de Subvenci6n en Bloque para el Desarrollo Comunitario (CDBG),Subvenci6n para SOluciones de Emergencia(ESG)y ASOCIaciones de Inversi6n HOME(HOME)de la Ciudad para su presentaci6n al Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos(HUD)antes del 15 de agosto de 2025. Como tal,codas las partes interesadas deberan presentar un Aviso de Disponibilidad de Financiamiento(NOFA)para los Programas CDBG, ESG y HOME. Esto permitira al personal revisar y examinar todas las propuestas de elegibilidad y otros requisitos. Se programaran entrevistas individuales para todos los solicitantes que no hayan recibido previamente fondos del Programa CDBG,ESG y HOME para un proyecto en el ultimo ano o segun se considere necesario. Estas entrevistas se programaran con cada organizac16n. El personal Ilevara a Cabo una sesi6n de juntas de Asistencla Tknica(TA)para el AAP FY26/PY25 de la Ciudad de Corpus Christi que incluye Ins programas CDBG, ESG y HOME. El prop6sito de to mencionado es para proveer informaci6n sobre el programa,recibir comentarios score las necesidades de vivienda y de la comunidad y responder preguntas sobre los NOFA y el proceso. Todas las personas interesadas estan invitadas a asistir a cualquiera de las siguientes reuniones. FECHA: 15 de mayo de 2025 LUGAR Y UBICACION:Ayuntamiento,1201 Leopard Street,63 planta Sala de conferencias. TIPO DE REUNION:Taller de asistencia tecnica HORA:CDBG-9:00 a.m.;ESG-10:00 a.m.;HOME-11:00 a.m. Las organizaciones sin fines de lucro que brindan servicios a personas de ingresos bajos y moderados estan invitadas a asistir a cualquiera de las reuniones anteriores. Q Search { '. i Q z:as Rnl s/52025 91 8 httpsj/wwwmrpuschnstitx.gov/media/, g,,a,6j/fy26-py25-notice-to-the-public-nofa-final.pdf {} (3 I`= (EEO O Grants Portal L. 0PRDInfor wFM GGoogle rPD Maps Adohe S"rgn f]SpanishDict English... 0 Thesaurus coin Sy,_. (CS Corpus Christi KIII-T... @Home-KRISTVco... 0CNN-Breaking Ne,.. Suggested Sites ®Bing ) Other favorites Q Draw Q OO A� I + o ofa ? r Q Q ® I T + Declaration de cumplimiento de la ADA y la igualdad de oportunidades Si necesita adaptaciones para la movilidad fisica, discapacidad sensorial o necesidades de lenguaje para participar en la reunion, comuniquese con Leticia Kanmore al 361-826-3816.La notification 48 horas antes de la reunion permitira al personal hater arreglos razonables para garantizar la accesibilidad a la reunion. El personal lanzara los NOFA FY26-PY25 el 5 de mayo de 2025. Las solicitudes de NOFA estaran disponibles en las juntas de asistencia tecnica programados anteriormente y en el siguiente sitio web htti)s://www.cori)uschristitx.gov/department-di rectory/plan nina-com munity- development/y en PCDD,Ayuntamiento,2do Piso, 1201 Leopard St.,Corpus Christi, TX. Las solicitudes de NOFA se enviaran par correo electronico a leticiak@cctexas.com venceran a mas tardar a las 5:00 p.m.del Martes 3 de junio de 2025. Los NOFA recibidos despues de las fechas y horas de vencimiento anteriores no seran considerados. Para obtener mas information, puede comunicarse con Leticia Kanmore, Gerente de Monitoreo de Subvenciones,al 361.826.3816. Cualquier cambio se publicarA en linea en el sitio web del Departamento de Planificaci6n y Desarrollo Comunitario de la Ciudad de Corpus en httos://www.corouschristitx.aov/deoa rtment-di rectory/plan n i na-com m un ity- develooment/ 00 Q Search �. 'T Q S/52025 92 https�/fwww.corpuscl,ristity.gov/department-directory/planning-community-development/community-development/funding-opportunities/ �,,, { v- Csign In •• 17 Portal L.. Q PRD_I nfor WFM G Google #CPD Maps Q Adohe Sign ®5panish Dict English... ©-hesaurus com Syn... (ICorpus Christ KIII-T... Home-KRISTV co... CNN-Brea<ing Ne... ®Suggested Sates ®Bing (_']Other favorites d. City o` Living in Recreation Business Leadership city Corpus Christi Our Community &Culture &Development &Government Departments Q + About Us Planning Community Development <Home<Department Directory<Planning&Community Deve._ <Community Development<Funding Opportunities Funding Opportunities ® ® Department Directory Planning&Community _ FY2026 CDBG Application FY2026 HOME Application Development About Us + Community Development — nFunding Opportunities Plans and Reports + FY2026 Emergency Solutions Grant Application Pruyrams + Public Notices and DOCulilento for Public Comment Planning + sitemap View Full Menumom t t dlrecto /I t de�elo t/I �epar men- ry p anning-communi y- pmen p anniny/ ® Q Search a Is ® 41 ® © s/S/M25 93 tttps//www_co rpuschristitx.goy/media/cgbghgyf/fy2026-py202S-cdhg-OSOS202S.pdf s—A ^• Q 'artal L. Q PRD InfafbVFM J Google CPn Maps Adohe Sign ®Spanish Jilt English... 13 Theszu cam Sys... S Corpus Christi KIII-T.- @ Home-KRISTV co... ®CNN-S—king N, ®Suggested Sites ®&,q at',favorites i. A� I dA — + KA a of 38 I n C, ® Z C `Is u , Imi EDUAL HOUSING OPPORTUNITY PLANNING&COMMUNITY DEVELOPMENT DEPARTMENT Notice of Funding Availability(NOFA) CDBG COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY2026-PY2025 FUNDING Grant Year Starting October 1,2025,and Ending September 30,2026 FOR CONSTRUCTION NON-CONSTRUCTION PROJECTS Deadline for Submittal: June 3,2025 Limited to Non-Profit and For-Profit Organizations NOFA APPLICATIONS CAN BE ACCESSED THROUGH OUR WEBSITE AT Planning 8 Community Development I City of Corpus Christi.NOFAs SUBMITTED AFTER SUBMITTAL DEADLINE WILL NOT BE ACCEPTED. APPLICATIONS ARE TO BE EMAILED DIRECTLY TO LETICIA KANMORE AT leticiak(dootexas.com.PCDD STAFF WILL CONFIRM RECEIPT OF NOFA APPLICATIONS VIA EMAIL OR CALL. Changes may be made to this NOFA as necessary due to the Federal budget and regulatory environment,please check the PCDD website at https://www.corpischristitx.gov/department-directory/planning-commun itV development/community-development/funding-opportunities/to make sure you have the most recent version of the NOFA. NOFA Version:Original 05.05.2025 For information contact Planning&Community Development Department at 361-826-3010 MM Q Search /202S 94 https://www.corpuschristity.gov/media/4mtpslOp/fy2026-py2025-home-nofa-050S202S,pdf Pcrtal L.. Q PRO;nfor WFM G Google ®CPD Maps ®Adohe Sign ®Spanish Dict English... Q Thesaurus com Sy,-. ( Corpus Christi KIII T. i1m KRIST co... CNN &ea<ing Ne ®Suggest-d Sit=s eing ) Other favorites CJI ❑ IA� las - + o urss r� Q Q PLANNING&COMMUNITY DEVELOPMENT DEPARTMENT Notice of Funding Availability (NOFA) HOME Investment Partnerships Program FY2026-PY2025 FUNDING Grant Year Starting October 1,2025,and Ending September 30,2026 Deadline for Submittal: June 3,2026 NOFA FULL APPLICATIONS CAN BE ACCESSED THROUGH OUR WEBSITE AT Planning & Community Development City of Corpus Christi NOFAs SUBMITTED AFTER SUBMITTAL DEADLINE WILL NOT BE ACCEPTED. APPLICATIONS ARE TO BE EMAILED DIRECTLY TO LETICIA KANMORE AT leticiakralcctexas.coin. PCDD STAFF WILL CONFIRM RECEIPT OF NOFA APPLICATIONS VIA EMAIL OR CALL. Changes may be made to this NOFA as necessary due to the Federal budget and regulatory environment,please check the PCDD website at https://w w.corpuschristitx.goy/department-directoryiplanninq-community- development/community-developmenttfunding-opportunities/to make sure you have the most recent version of the NOFA. NOFA Version:Oriainal 05.05.2025 1 1 Q Search w {a ,� �i •� Q 12 I'm - sr5rzozs 95 https://www.corpus<hristitx.gov/media/pompreS4/fy2026-py202S-esg-nofa-05052025.pdf {} � (j �` �s� •� C Portal L- 0 PRD_Infor WFM G Google ®CPD Maµ; ©Adobe Sign ®Spanish Dict English_. 0 Thesaurus com Syn_ Corpu/s�Chri�iKlll-T_. Hcme-KRISN cp... ©CNN-Breaking Ne_. ®Suggested Sites ®Rung Other favro�ryites QA + I• PLANNING&COMMUNITY DEVELOPMENT DEPARTMENT(PCDD) Notice of Funding Availability (NOFA) ESG EMERGENCY SOLUTIONS GRANT FY2026-PY2025 FUNDING Grant Year Starting October 1,2025,and Ending September 30,2026 Deadline for Submittal: June 3,2025 NOFA FULL APPLICATIONS CAN BE ACCESSED THROUGH OUR WEBSITE AT Planning&Community Development Citv of Corpus Christi.NOFAs SUBMITTED AFTER SUBMITTAL DEADLINE WILL NOT BE ACCEPTED. APPLICATIONS ARE TO BE EMAILED DIRECTLY TO leticiak(a�cctexas.com. PCDD STAFF WILL CONFIRM RECEIPT OF NOFA APPLICATIONS VIA EMAIL OR CALL. Changes may be made to this NOFA as necessary due to the Federal budget and regulatory environment,please check the PCDD website at https://www.co rpusch ristitx.gov/department-d i rectory/planning-co m mu n itv- development/community-development/funding-opportunities/to make sure you have the most recent version of the NO FA. NOFA Version:Original 05,05.2025 ® Q Search 13 � i` •� . Q /aopM - 5/52025 96 FY26/PY25 Annual Action Plan-Notice of Funding Availability (NOFA) Community Development Block Grant (CDBG) Thursday, May 15, 2025 - 9:00 a.m.-10:00 a.m. `Print�fName Email Phone 1 ��V+n �'Vi�Z 4i�i'' A1J��WG CC4gx,;, }!�'P09J9 3 1`e3n } J-' � 7V Y� +1wI�� I ke Gn1�t f / � 2 4 _ .h��.' L4�E,� i ' 5b 1 27 9G 6V+ 2-PT -S CO3 $ r V v.p r a,wc c� % i 12 13 14 15 16 97 FY261PY25 Annual Action Plan-Notice of Funding Availability (NOFA) Emergency Solutions Grant (ESG) Thursday, May 15, 2025 - 10:00 a.m.-11:00 a.m. Print Name Email Phone 1 Y1 �'-�Q . -� �!v,'n ICJ 2 ��, (L� ��,2c'� I�C�v�2ar�' -s s 57, cam , 3 �Q 6rA Ara plyk 4 I ►�1 +'`v� ��1`i� IV� V�iG< 2iLC�T E '12 < fYb�—�J�� `�c��� 3 ( G 3 �.l P.YL,1�65GtS� 11 6 �f �2,4sGs eAss. SalvAflrnalr '�J�D t- � !d 3 �( 3 7 � C, f;Ste.l io 314,3 KSS<Sci vGv�t�,a f .j $ o Yu a.►v C'' e Z u ts. swrtz �-� —� (p 1 - `�!o — 3 9 l4'�ev4v"�- tiiG.tit��L—��{PJCAS L61 —SL\ — Zb 10 11 12 13 14 15 16 98 FY26/PY25 Annual Action Plan-Notice of Funding Availability (NOFA) HOME Investment Partnerships Program (HOME) Thursday, May 15, 2025 - 11:00 a.m.-12:00 p.m. 1 Print Name Email Phone 1 0.4a. L V GlC gktczlewf,G:� 3&-1 3 ;1n 4 �V IM-2 `ElfN�7 v d�� i C kf��s Co", 5 6 7 8 9 10 11 12 13 14 15 16 99 Consultation feedback Individuals representing government and policy makers, nonprofit organizations, affordable housing providers, housing developers, social service agencies, community development organizations, educational institutions, publicly funded institutions, and other interested parties were invited to participate to ensure that as many points-of-view as possible were heard. Feedback emphasized the need for housing repairs, new construction of affordable single- family homes, affordable housing multifamily development, park and youth facility improvements and support for homelessness and victim services aligning with the Five- year Con Plan priorities. 100 f i i. i ■.. i ■ Data As Of Jun 30,2024(latest) `✓ (Last Updated:2/18/25) + Place- Corpus Christi,TX "Y Corpus Christi,TX Fixed Type Residential Technology Any Technology Speed 100120 M b p s or greater Pct.Coverage Threshold �,0 r n II• Mobile fEnvironment Outdoor stationary I Technology Any Technology nr�Ararisar'. - Pct,Coverage Threshold a 0 1 n n rr a, i p I V Map Legend Zoom Level:8.56 Ilex Level:6 „m Fixed Broadband Y Mobile Broadband ®Mapbm@ OpenStreetMap Improve this map Fixed and Mobile Broadband 101 NationalFederal Communications FCC FCc Commission Broadband Home LocationProvider Detail Area Summaty Data Download About Broadband Funding Map Data Download Data Spec.for BDC Public Data DownloadsO BDC Public Data API Specifications Ell Availability Data As Ot Jun 30,2024(latest) Last updated 2I18/25 Summary State Texas Type Fixed Broadband Availability Data Mobile Availability Data by Technology Provider List 8 Technology Technology !i Cable a 3G dj Provider Summary 6y Geography Type® ['� Copper 4G LTE �- ProviderSummary-Fixed Broadband 1110 Fiber to the Premises 5G-NR (�- Provider Summary-Mobile Broadband A !i 102 CORPUS CH RISTI - PLANNING & COMMUNITY DEVELOPMENT ESG WRITTEN STANDARDS 103 City of Corpus Christi Grant Monitoring Division — Planning & Community Development Department ESG Written Standards The following standards were developed for providing assistance with Emergency Solutions Grant (ESG) funds as required by 24 CFR 576.400(e). Overview The City of Corpus Christi (City) has developed written standards for the provision of ESG assistance which includes policies and procedures for evaluating each individual or family's eligibility to obtain ESG assistance.The Emergency Solutions Grant, formerly known as the Emergency Shelter Grant, reflects the change in the program's focus from addressing the needs of homeless people in emergency or transitional shelters to assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. The Emergency Solutions Grants program written standard serves as a guide in administering the City's ESG funds. ESG regulations 24 CFR Part 576, as amended, are clear regarding eligible program uses:street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and data collection through the Homeless Management Information System (HMIS). The City has the discretion of identifying how program funds can best be utilized based on the needs of the homeless in the community. This includes evaluating the amount in administration funds allowable- the statutory cap is 7.5 percent-for subrecipients. The City will continue to refine its written standards through consultation with various service providers and the Continuum of Care. Amendment Request The Subrecipient is allowed a maximum of one (1) amendment request per program year. Any subrecipient making a request must submit a formal timely request on agency letterhead, addressed to the Community Development (CD) Administrator, Grant Monitoring Department (GMD), and provide detailed information as to the reason the amendment is being requested. The GMD has ten (10) business days to respond with its decision. Please note that any amendment request must be authorized by the CD Administrator before a subrecipient can make changes as requested. Client Eligibility Individuals or Families seeking assistance for homeless prevention must be at 30% of the Area Median Income (AMI) or below. In addition, individuals or family requesting services through the ESG program must meet HUD's definition of homelessness or at-risk of homelessness. To determine if an individual or family is income eligible,the subrecipient must examine an individual or family's annual income to ensure that it does not exceed the most current area income limits as posted on. 104 htti3s://www.huduser.p,ov/portal/datasets/il.htm1#2022 data Additionally,below are the different categories clients can qualify for assistance: NOTE: OR signifies either/or category,while AND signifies the client must meet all criteria listed. 1. At-Risk of Homelessness: a. Category 1- Individual or Family i.30%of AMI or below And ii. Insufficient resources or support networks immediately available to prevent household from moving into an emergency shelter, hotel or motel placement or place not fit for human habitation; And iii. Meets one of the following conditions: 1.Two moves in the past 60 days due to economic hardship 2. Living doubled-up due to economic hardship 3. Possess written notice terminating current living situation within 21 days of application 4. Living in hotel or motel paid for by household income 5. Living in crowded conditions: SRO or Efficiency with more than 2 people or larger unit with more than 1.5 people per room 6. Exiting publicly funded institution 7. Living in housing with characteristics associated with instability and increased risk of homelessness b. Category 2—Unaccompanied children and youth A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal statute: i. Runaway and Homeless Youth Act ii. Head Start Act iii. Violence Against Women Act iv. Public Health Service Act V. Food and Nutrition Act vi. Child Nutrition Act C. Category 3-Families with Children and Youth 105 An unaccompanied Youth Who does not qualify as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parents or guardians of that child or youth living with them. 2. Homeless-An individual or family only needs to meet one of the three subcategories to qualify as Homeless Category 1: Literally Homeless a. Category 1-Literally Homeless An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: i. An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground ii. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals) iii. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution b. Category 2-Imminent Risk of Homelessness Individual or family who will imminently lose their primary nighttime residence, provided that: i. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; ii. No subsequent residence has been identified; And iii. The individual or family lacks the resources or support networks, e.g., family friends, faith-based or other social networks, needed to obtain permanent housing. C. Category 3-Homeless under other Federal statute Unaccompanied youth under 25 years of age,or families with children and youth,who do not otherwise qualify homeless under this definition, but who: i. Are defined as homeless under 1. Section 387 of the Runaway and Homeless Youth Act 2. Head Start Act 106 3. Food and Nutrition Act of 2008 4. Section 725 of the McKinney-Vento Homeless Assistance Act ii. Have not had a lease,ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance And iii. Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance d. Category 4-Fleeing/Attempting to flee DV Any individual or family who i. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence ii. Has no other residence And iii. Lacks the resources or support networks, e.g.,family,friends,faith based or other social networks, to obtain other permanent housing Reporting Date 1. Monthly payment requests, expenditure reports, matching funds shall be submitted, in a format prescribed by the City which identify the allowable expenditures incurred under this contract. 2. Quarterly performance reports shall be submitted, in a format prescribed by the City, by the first Wednesday of the month after the quarter end, which identify the activities accomplished under this contract. 3. The City of Corpus Christi program year begins on October 1s'and ends on September 30tn of the following year. At completion of all activities, a contract closeout report must be submitted within 30 days of the end of the contract. The Subrecipient is required to supply such information, in such form and format as the City may require. All records and reports must be made available to any authorized City representative upon request and without prior notice. 4. All ESG Subrecipients must use HMIS to report on clients served by the ESG program. Templates 107 The City will promote efficiency in reporting, promote cost-savings, reduce and simplify paperwork and ensure that applicable laws, statutes, and regulations are applied in the design of newly created standard reporting forms for all subrecipients. Matching Funds The City will meet the required dollar-for-dollar ESG match requirement by requiring subrecipients to match their award dollar-for-dollar with eligible match sources on a monthly basis. The amount will be reported on the subrecipient's monthly report and reimbursement request form. The dollar-for- dollar match from subrecipients can be in cash expended for allowable costs identified by OMB Circular A-87 and A-122. Additionally, program income for the ESG program can also be used as match funds. Further, the value of any real property, equipment, goods, or services can also be used as dollar- for-dollar match. The City will provide its own match for administrative funds allocated to the City from staff salaries used to administer the grant. Eligible Organizations The Subrecipient must be a unit of local government or a private, non-profit organization, as defined by the Internal Revenue Service tax code, evidenced by having a Federal identification number, filed articles of incorporation, and written organizational by-laws. Further, ESG subrecipients must meet the following criteria to become eligible for assistance under one or multiple activities: 1. Street Outreach (24 CFR 576.101) a. Essential Services i. Related to reaching out to unsheltered homeless individuals and families, connecting them with emergency shelter, housing, or critical services, and providing them with urgent, non-facility-based care. Eligible costs include engagement, case management, emergency health and mental health services, transportation, and services for special populations. 2. Emergency Shelter(24 CFR 576.102) Any facility with primary purpose to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements. Any project funded as an emergency shelter. a. Renovation i. Include major rehabilitation or conversion,of building to serve as an emergency shelter. The emergency shelter must be owned by a government entity or private 108 nonprofit organization.The shelter must serve homeless persons for at least 3 or 10 years, depending on the type of renovation and the value of the building. Note: Property acquisition and new construction are ineligible ESG activities. b. Essential Services i. Include case management, childcare, education services, employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations. C. Shelter Operations i. Include maintenance, rent, repair, security, fuel, equipment, insurance, utilities, food, furnishings, and supplies necessary for the operation of the emergency shelter. Where no appropriate emergency shelter is available for a homeless family or individual, eligible costs may also include a hotel or motel voucher for that family or individual. 3. Homeless Prevention(24 CFR 576.103) Housing relocation and stabilization services and short-and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation, or another place described in paragraph (1) of the homeless definition. a. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in their current housing or move into other permanent housing and achieve stability in that housing. Eligible costs include: i. Rental Assistance: rental assistance and rental arrears ii. Financial assistance: rental application fees, security and utility deposits, utility payments, last month's rent, moving costs iii. Services: housing search and placement, housing stability case management, landlord-tenant mediation,tenant legal services, credit repair 4. Rapid Re-Housing(24 CFR 576.104) Housing relocation and stabilization services and/or short-and/or medium-term rental assistance as necessary to help individuals or families living in shelters or in places not meant for human habitation move as quickly as possible into permanent housing and achieve stability in that housing. a. Eligible costs include: i. Rental Assistance: rental assistance and rental arrears ii. Financial assistance: rental application fees, security and utility deposits, utility payments, last month's rent, moving costs iii. Services: housing search and placement, housing stability case management, landlord- tenant mediation, tenant legal services, credit repair 109 5. Data Collection (24 CFR 576.107) a. ESG funds may be used to pay for the costs of participating in and contributing to the HMIS designated by the Continuum of Care for the area. More information about using an HMIS is available on the HMIS page. Ineligible Organizations An organization will not be eligible to apply for ESG funds if it meets the following conditions: 1. Outstanding audit or monitoring finding, unless appropriately addressed by a corrective action plan 2. Current appearance on the List of Suspended and Debarred Contractors 3. Terms and conditions of existing contract are not in full compliance 4. History of non-performance with contracts Written Standards for Provision of ESG Assistance Standard policies and procedures for evaluating individuals'and families'eligibility for Assistance under ESG. Per 24 CFR 576.401 ESG subrecipients must conduct an initial evaluation to determine each individual or family's eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. ESG subrecipients must reevaluate the program participant's eligibility and the types and amounts of assistance the participant needs; not less than once every 3 months for participants who are receiving homelessness prevention assistance and rapid re-housing assistance. At the subrecipient's discretion, reevaluations may be conducted more frequently than required by 24 CFR 576.401 and may also be incorporated into the case management process which must occur not less than monthly for homelessness prevention and rapid re-housing participants—See 24 CFR 576.401 (e) (i). Regardless of which timeframe is used, reevaluations, must at minimum, establish that: The program participant does not have an annual income that exceeds 30 percent of median family income for the area, as determined by HUD; and the program participant lacks sufficient resources and support networks necessary to retain housing without ESG assistance. To determine if an individual or family is income eligible,the subrecipient must examine an individual or family's annual income to ensure that it does not exceed the most current area income limits as posted on: https://www.huduser.gov/portal/datasets/il.html#2022 data When the program participant's income or other circumstances change (e.g., changes in household composition) that affects the program participant's need for assistance under ESG, the subrecipient must reevaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Standards for targeting and providing essential services related to street outreach 110 The City of Corpus Christi does not target ESG funding to any geographic area or client population. ESG subrecipients are selected through a request for proposal process based on service provision. Subrecipients will not duplicate services in the same Corpus Christi area of operation. ESG funding may be used for costs of providing essential services necessary to reach out to unsheltered homeless people; connect them with emergency shelter, housing,or critical services; and provide urgent, non-facility-based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing,or an appropriate health facility. For the purposes of this section,the term "unsheltered homeless people" means individuals and families who qualify as homeless under paragraph (1) (i) of the "homeless" definition under 24 CFR Part 576.2. As outlined in 24 CFR Part 576.101, essential services consist of: i. Engagement; ii. Case management; iii. Emergency health services—only when other appropriate health services are inaccessible or unavailable within the area; iv. Emergency mental health services—only when other appropriate mental health services are inaccessible or unavailable within the area; v.Transportation; and vi. Services for special populations. ESG subrecipients must determine an individual's or family's vulnerability and unwillingness or inability to access emergency shelter, housing, or an appropriate health facility, prior to providing essential services under this component to ensure that ESG funding is used to assist those with the greatest need for street outreach assistance. Policies and procedures for admission,diversion, referral,and discharge by emergency shelters a. Emergency Shelter Definition The term Emergency Shelter was revised by 24 CFR Part 576.2 to mean "any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements. This definition excludes transitional housing. However, projects that were funded as an emergency shelter (shelter operations) under the FY 2010 Emergency Shelter Grants program may continue to be funded under the emergency shelter component under the Emergency Solutions Grants program, regardless of whether the project meets the revised definition. b. Admission,Diversion and Referral Shelter stays should be avoided, if possible, and when not possible, limited to the shortest time necessary to help participants regain permanent housing. Consistent with Section (a) of this document, ESG subrecipients must conduct an initial evaluation of all individuals or families to determine if they should be admitted to an emergency shelter, diverted to a provider of other ESG- ill funded components,such as rapid re-housing or homeless prevention assistance,or referred for other mainstream resources. c. ESG subrecipients must determine that individuals and families meet category (1), (2), (3), or (4) of the Homeless Definitions listed below and rate the individual's or family's vulnerability to ensure that only those individuals or families that have the greatest need for emergency shelter assistance receive ESG funded assistance. Recipients must have written policies and procedures that document homelessness and at risk of homelessness status. Written standards will require: Intake staff to document eligibility at intake/screening Specify the evidence that must be used to establish and verify homeless or at risk status Include standards for documenting due diligence Standards must be consistent with recordkeeping requirements and reflect HUD's preferred order per 24 CFR 576.500 found at: https://files.hudexchange.info/resources/documents/HomelessDefinition Record keepingRequirem entsandCriteria.pdf i.Category 1—Literally Homeless-Per 24 CFR 576.500(b) the procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status as follows: b. Homeless status. The recipient must maintain and follow written intake procedures to ensure compliance with the homeless definition in § 576.2. The procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status. The procedures must establish the order of priority for obtaining evidence as third-party documentation first, intake worker observations second, and certification from the person seeking assistance third. However, lack of third-party documentation must not prevent an individual or family from being immediately admitted to emergency shelter, receiving street outreach services, or being immediately admitted to shelter or receiving services provided by a victim service provider. Records contained in an HMIS or comparable database used by victim service or legal service providers are acceptable evidence of third-party documentation and intake worker observations if the HMIS retains an auditable history of all entries, including the person who entered the data, the date of entry, and the change made; and if the HMIS prevents overrides or changes of the dates on which entries are made. ` If the individual or family qualifies as homeless under paragraph (1)(i) or(ii) of the homeless definition in §576.2, acceptable evidence includes a written observation by an outreach worker of the conditions where the individual or family was living, a written referral by another housing or service provider, or a certification by the individual or head of household seeking assistance. If the individual qualifies as homeless under paragraph (1)(iii) of the homeless definition in § 576.2, because he or she resided in an emergency shelter or place not meant for human habitation and is exiting an institution where he or she resided for 90 days or less, acceptable evidence includes the evidence described in paragraph (b)(1)of this section and one of the following: Discharge paperwork or a written or oral referral from a social worker, case manager,or other appropriate official of the institution, stating the beginning and end dates of the time residing in the institution.All oral statements must be 112 recorded by the intake worker; or (ii)Where the evidence in paragraph (b)(2)(i) of this section is not obtainable, a written record of the intake worker's due diligence in attempting to obtain the evidence described in paragraph (b)(2)(i) and a certification by the individual seeking assistance that states he or she is exiting or has just exited an institution where he or she resided for 90 days or less. ii.Category 2 — Imminent Risk of Homeless Per 24 CFR 576.500(b)(3) the procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status as follows: (3). If the individual or family qualifies as homeless under paragraph (2)of the homeless definition in § 576.2, because the individual or family will imminently lose their housing,the evidence must include: (i) A court order resulting from an eviction action that requires the individual or family to leave their residence within 14 days after the date of their application for homeless assistance;or the equivalent notice under applicable state law, a Notice to Quit,or a Notice to Terminate issued under state law; (B) For individuals and families whose primary nighttime residence is a hotel or motel room not paid for by charitable organizations or federal,state,or local government programs for low-income individuals, evidence that the individual or family lacks the resources necessary to reside there for more than 14 days after the date of application for homeless assistance; or (C)An oral statement by the individual or head of household that the owner or renter of the housing in which they currently reside will not allow them to stay for more than 14 days after the date of application for homeless assistance. The intake worker must record the statement and certify that it was found credible.To be found credible, the oral statement must either: (1) be verified by the owner or renter of the housing in which the individual or family resides at the time of application for homeless assistance and documented by a written certification by the owner or renter or by the intake worker's recording of the owner or renter's oral statement; or(II) if the intake worker is unable to contact the owner or renter, be documented by a written certification by the intake worker of his or her due diligence in attempting to obtain the owner or renter's verification and the written certification by the individual or head of household seeking assistance that his or her statement was true and complete; (ii) Certification by the individual or head of household that no subsequent residence has been identified; and (iii) Certification or other written documentation that the individual or family lacks the resources and support networks needed to obtain other permanent housing. iii. Category 3—Homeless under Other Federal Statutes Per 24 CFR S76.S00(b)(4) the procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status as follows: (4) If the individual or family qualifies as homeless under paragraph (3) of the homeless definition in § 576.2, because the individual or family does not otherwise qualify as homeless under the homeless definition but is an unaccompanied youth under 2S years of age, or homeless family with 113 one or more children or youth, and is defined as homeless under another Federal statute or section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), the evidence must include: (i) For paragraph (3)(i) of the homeless definition in § 576.2, certification of homeless status by the local private nonprofit organization or state or local governmental entity responsible for administering assistance under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e et seq.), section 330 of the Public Health Service Act (42 U.S.C. 254b), the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), or subtitle B of title VII of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq.), as applicable; For paragraph (3)(ii) of the homeless definition in § 576.2, referral by a housing or service provider, written observation by an outreach worker, or certification by the homeless individual or head of household seeking assistance; For paragraph (3)(iii) of the homeless definition in § 576.2, certification by the individual or head of household and any available supporting documentation that the individual or family moved two or more times during the 60-day period immediately preceding the date of application for homeless assistance, including: recorded statements or records obtained from each owner or renter of housing, provider of shelter or housing, or social worker, case worker, or other appropriate official of a hospital or institution in which the individual or family resided; or, where these statements or records are unobtainable, a written record of the intake worker's due diligence in attempting to obtain these statements or records. Where a move was due to the individual or family fleeing domestic violence, dating violence, sexual assault, or stalking, then the intake worker may alternatively obtain a written certification from the individual or head of household seeking assistance that they were fleeing that situation and that they resided at that address; and For paragraph (3)(iv) of the homeless definition in § 576.2, written diagnosis from a professional who is licensed by the state to diagnose and treat that condition (or intake staff-recorded observation of disability that within 45 days of date of the application for assistance is confirmed by a professional who is licensed by the state to diagnose and treat that condition); employment records; department of corrections records; literacy, English proficiency tests; or other reasonable documentation of the conditions required under paragraph (3)(iv) of the homeless definition. iv.Category 4— Fleeing/Attempting to Flee DV Per 24 CFR 576.500(b)(4) the procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status as follows: (5) If the individual or family qualifies under paragraph (4) of the homeless definition in § 576.2, because the individual or family is fleeing domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions related to violence, then acceptable evidence includes an oral statement by the individual or head of household seeking assistance that they are fleeing that situation, that no subsequent residence has been identified and that they lack the resources or support networks, e.g., family, friends, faith-based or other social networks, 114 needed to obtain other housing. If the individual or family is receiving shelter or services provided by a victim service provider, the oral statement must be documented by either a certification by the individual or head of household; or a certification by the intake worker. Otherwise, the oral statement that the individual or head of household seeking assistance has not identified a subsequent residence and lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain housing must be documented by a certification by the individual or head of household that the oral statement is true and complete, and, where the safety of the individual or family would not be jeopardized, the domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening condition must be verified by a written observation by the intake worker or a written referral by a housing or service provider, social worker, legal assistance provider, health-care provider, law enforcement agency, legal assistance provider, pastoral counselor, or any other organization from whom the individual or head of household has sought assistance for domestic violence, dating violence, sexual assault, or stalking. The written referral or observation need only include the minimum amount of information necessary to document that the individual or family is fleeing, or attempting to flee domestic violence, dating violence, sexual assault, and stalking. d. ESG subrecipients must also reassess emergency shelter participants, on an ongoing basis, to help determine the earliest possible time that they can be discharged to permanent housing. All persons discharged from emergency shelters will have their exit status entered into HMIS and will be provided discharge paperwork. e. Safety and Shelter Needs of Special Populations a. ESG funding may be used to provide services for homeless youth,victim services,and services for people living with HIV/AIDS, so long as the costs of providing these services are eligible under the regulations for the emergency shelter component found at 24 CFR Part 576.102. b. Consistent with ESG recordkeeping and reporting requirements found at 24 CFR Part 576.500, ESG subrecipients must develop and apply written policies to ensure the safety of program participants through the following actions: i. All grantees and sub-grantees will take appropriate measures to provide for client confidentiality. Grantees and sub-grantees will develop and implement procedures to guarantee the confidentiality of records concerning program participants. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and receives ESG assistance will be kept secure and confidential. ii. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter, and iii. The address or location of any housing of a program participant, including youth, individuals living with HIV/AIDS, victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing will not be made public,except as provided under a preexisting privacy policy of the subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality 115 c. In addition, ESG subrecipients must adhere to the following ESG shelter and housing standards found at 24 CFR Part 576.403 to ensure that shelter and housing facilities are safe, sanitary, and adequately maintained: 116 i. Lead-Based Paint Requirements. The Lead-Based Paint Poisoning Prevention Act applies to all shelters assisted under ESG program and all housing occupied by program participants.All ESG subrecipients are required to conduct a Lead-Based Paint inspection on all units receiving assistance under the rapid re-housing AND homelessness prevention components if the unit was built before 1978 and a child under age six or a pregnant woman resides in the unit. ii. Structure and Materials. The shelter building should be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. iii. Access. The shelter must be accessible, and there should be a second means of exiting the facility in the case of emergency or fire. iv. Space and Security. Each resident should have adequate space and security for themselves and their belongings. Each resident must have an acceptable place to sleep. v. Interior Air Quality. Each room or space within the shelter/facility must have a natural or mechanical means of ventilation. The interior air should be free of pollutants at a level that might threaten or harm the health of residents. vi. Water Supply.The shelter's water supply should be free of contamination. vii. Sanitary Facilities. Each resident should have access to sanitary facilities that are in proper operating condition.These facilities should be able to be used in privacy and be adequate for personal cleanliness and the disposal of human waste. viii. Thermal Environment. The shelter/facility must have any necessary heating/cooling facilities in proper operating condition. ix. Illumination and Electricity. The shelter/facility should have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There should be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. x. Food Preparation. Food preparation areas, if any, should contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. xi. Sanitary Conditions.The shelter should be maintained in a sanitary condition. xii. Fire Safety-Sleeping Areas.There should be at least one working smoke detector in each occupied unit of the shelter facility. In addition, smoke detectors should be located near sleeping areas where possible. The fire alarm system should be designed for a hearing-impaired resident. xiii. Fire Safety-Common Areas. All public areas of the shelter must have at least one working smoke detector. 117 Policies and procedures for assessing, prioritizing,and reassessing individuals'and families' needs for essential services related to emergency shelter. Eligible recipients and subrecipients shall implement ESG programs in accordance with rules and Regulation requirements 24 CFR Part 91 and 576.The City refers to the Office of Community Planning and Development and HUD Exchange for guidance and updates to 2 CFR Part 91 and 576. Policies and procedures for assessing, prioritizing, and reassessing individual's and families' needs for essential services related to emergency shelter will comply with 2 CFR Part 576.500(b) as follows: Homeless status. The recipient must maintain and follow written intake procedures to ensure compliance with the homeless definition in § 576.2. The procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status. The procedures must establish the order of priority for obtaining evidence as third-party documentation first, intake worker observations second, and certification from the person seeking assistance third. However, lack of third-party documentation must not prevent an individual or family from being immediately admitted to emergency shelter, receiving street outreach services, or being immediately admitted to shelter or receiving services provided by a victim service provider. Records contained in an HMIS or comparable database used by victim service or legal service providers are acceptable evidence of third-party documentation and intake worker observations if the HMIS retains an auditable history of all entries, including the person who entered the data, the date of entry, and the change made; and if the HMIS prevents overrides or changes of the dates on which entries are made. Order of priority: Third party documentation Intake worker observations Self-certification a. City of Corpus Christi will allow agency developed intake and assessment tools and protocols that will be used by all agencies that receive ESG. In addition,the City will continue to collaborate with all CoC partners, including those that exist within the City of Corpus Christi region to share best practices and further develop common tools, including reporting templates, assessment documents, etc. The tools and protocols will create consistency in client intake and assessment and provide basis for appropriate agency referral and to develop targeting and prioritization protocols. b. Upon completion of the common intake and assessment tools and protocols, all ESG subrecipients will use that system to help determine the individual or family need for emergency shelter or other ESG-funded assistance, including essential services related to emergency shelter. c. ESG funding may be used to provide essential services to individuals and families who are in an emergency shelter. Essential services for participants of emergency shelter assistance can include case management, childcare, education services, employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services,transportation, and services for special populations. d. ESG subrecipients are responsible to assess an individual or family's initial need for emergency shelter including the need for essential services for emergency shelter and must re-assess their need on an ongoing basis to ensure that only those individuals or families with the greatest need receive ESG- funded emergency shelter assistance. Shelters that serve families must serve all eligible families and 118 may not refuse services based on the age of children or the size of the family. e. Client re-assessment will take place at the participant level and at the service provider level. Clients meet with case managers throughout their participation in the program, have regular progress evaluations and re-assessment of clients' need for essential services related to emergency shelter. Clients have opportunity to provide feedback and assessment about programs and services as well. Policies and procedures for coordination among emergency shelter providers, essential service providers, homelessness prevention and rapid re-housing assistance providers, other homeless assistance providers,and mainstream service and housing providers. Coordination to assist the homeless and prevent homelessness will come from the leadership of the local Continuum of Care — Homeless Issues Partnership, Inc. Active engagement and membership in the local homeless coalition is strongly encouraged.The CoC will further engage and coordinate resources amongst other entities to improve current programs and funding. Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance. a. ESG-funded agencies will be responsible for ensuring that potential participants are served, with provisions for targeting some services to eligible households who meet prioritization criteria established through the Continuum of Care using coordinated assessment protocols. b. A key component to successful implementation of a coordinated assessment system within the City of Corpus Christi is a common screening and assessment process developed through the COC. 119 Screening and assessment thoroughly explores a family's or individual's situation and pinpoints their unique housing and service needs. Based upon the assessment, families and individuals should be referred to the kinds of housing and services most appropriate to their situations and need. c. The common assessment tool aids matching individuals and families with the most appropriate assistance. Under homelessness prevention, ESG assistance is available to individuals and families below 30%of Area Median Income (AMI) and are homeless or at risk of becoming homeless. d. ESG funds can be used to prevent an individual or family from becoming homeless and regain stability in current housing or other permanent housing. Rapid re-housing funds can be used to assist individuals and families who are literally homeless progress toward permanent housing and achieve housing stability. i. Homeless Prevention Households will be re-certified for continued eligibility every 3 months. ii. Rapid Re-Housing Households will be re-certified annually. Standards for determining the share of rent and utility costs that program participants must pay, if any, while receiving homelessness prevention or rapid re-housing assistance. a. Standards for both homelessness prevention and rapid re-housing for determining the share of rent and utilities costs that each program participant must pay, if any, will be based on the following: i. Rental assistance cannot be provided for a unit unless the rent for that unit is at or below the current Fair Market Rent limit, established by HUD. ii. The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units. See 24 CFR 574.320. iii. The rental unit must meet minimum habitability standards found at 24 CFR 576.403. iv. There must be a rental assistance agreement and lease between the property manager and tenant. V. No rental assistance may be made to an individual or family that is receiving rental assistance from another public source for the same time period. vi. Rental assistance may not be provided to a participant who is currently receiving replacement housing payments under Uniform Relocation Assistance b. Per 24 CFR 576.106 (e), ESG subrecipients may make rental assistance payments only to an owner with whom the subrecipient has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided, including the requirements that apply under this section. The rental assistance agreement must provide that, during the term of the agreement, the owner must give the subrecipient a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. 120 Standards for determining how long a particular program participant will receive rental assistance and whether and how the amount of that assistance will be adjusted over time. a. Subject to the general conditions under 24 CFR 576.103 and 24 CFR Part 576.104, ESG subrecipients may provide a program participant with up to 24 months of rental assistance during any 3-year period. This assistance may be short-term rental assistance, medium-term rental assistance, payment of rental arrears, or any combination of this assistance. i. Short-term rental assistance is assistance for up to 3 months of rent. ii. Medium-term rental assistance is assistance for more than 3 months but not more than 10 months of rent. iii. Payment of rental arrears may consist of a one-time payment for up to 3 months of rent in arrears, including any late fees on those arrears. b. The maximum amount of rental assistance provided, and an individual or family's level of responsibility for rent payments, over time, shall be determined by the ESG subrecipient and shall be reflective of the individual or family's need for rental assistance and the level of financial resources available to the ESG subrecipient. c. Rental assistance will end if and when other subsidy begins,such as Section 8 Housing Choice Voucher, public housing, or project based rental subsidy. d. Guidance from the Texas Homeless Network, through Balance of State, will establish, evaluate and modify rental assistance parameters based on data such as community need, outcomes and available funding within the HUD guidelines. Standards for determining the type, amount, and duration of housing stabilization and relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participants receive assistance;or the maximum number of times the program participants may receive assistance. a. Subject to the general conditions under 24 CFR 576.103 and 24 CFR Part 576.104, subrecipients may use ESG funding to pay housing owners, utility companies, and other third parties for some or all of the following costs, as allowed under 24 CFR 576.105: i. Rental application fees ii. Security deposits iii. Last month's rent iv. Utility deposits V. Utility payments vi. Moving costs,and vii. Some limited services costs b. Consistent with 24 CFR 576.105 (c), ESG subrecipients determine the type, maximum amount and duration of housing stabilization and relocation services for individuals and families who are in need of homeless prevention or rapid re-housing assistance through the initial evaluation, re-evaluation and ongoing case management processes. b. Consistent with 24 CFR 576.105(d), financial assistance for housing stabilization and relocation 121 services cannot be provided to a program participant who is receiving the same type of assistance through other public sources or to a program participant who has been provided with replacement housing payments under the Uniform Relocation Act(URA) during the period of time covered by the URA payments. Monitoring/On-Site Visit The three basic goals for oversight and monitoring of the progress and performance of ESG grantees/recipients include: 1. Ensure that ESG funds are used effectively to assist homeless individuals and families and that the basic ESG program goals are met 2. Ensure compliance with ESG regulations and program requirements in the usage of funds and in carrying out program activities 3. Enhance and develop the management capacity of grantees or recipients Monitoring of subrecipients will be conducted on an annual basis. New subrecipients will be monitored on a quarterly basis and will be provided Technical Assistance on an as needed basis. Monitoring can take a number of forms and can include review of reimbursement requests, monthly reports, performance measures, and on-site assessments. If city representatives have a concern or finding the following will take place; 1. Concern a. A concern is a deficiency in program performance not based on statutory, regulatory,or other program requirement(sanctions or corrective actions are not authorized for concerns). b. City will bring the concern to the attention of the subrecipient via formal letter sent certified mail and by email and recommend actions to address concerns and/or provide technical assistance. C. Concerns do not require a response. 2. Finding a. A finding is a deficiency in a subrecipient's program performance based on material noncompliance with a statutory, regulatory,or program requirement for which sanctions or corrective actions are authorized. b. City of Corpus Christi will provide documentation via formal letter sent certified mail and by email and will include: i. Condition ii. Criteria iii. Cause iv. Effect V. Corrective action 3. The subrecipient must respond to City of Corpus Christi within thirty(30) business days of notification by; a. Concurring and undertaking suggested corrective actions b. Concurring and suggesting alternate corrective actions 122 C. Providing additional information to address the finding Failure to do so may lead to a de-obligation of funds. However, upon receipt of the Notice of De- obligation,the Subrecipient has thirty(30) days to submit a formal letter of appeal. The agency must: 1. Submit the appeal on a formal letterhead, addressed to the PCDD Director. 2. The letter of appeal must be a minimum of 300 words,detailing an explanation and must include an attached budget of proposed spending. Recordkeepine Requirements Financial records, supporting documents, statistical records, and all other records pertinent to an award shall be retained for a period of five years from the date of submission of the final expenditure report or, for awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, as authorized by HUD. General Administrative Requirements for HUD Financial Assistance Awards 5.105 Other Federal requirements. The requirements set forth in this section apply to all HUD programs, except as may be otherwise noted in the respective program regulations in title 24 of the CFR, or unless inconsistent with statutes authorizing certain HUD programs: (a)Nondiscrimination and equal opportunity. The Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 etseq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p.307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107;title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at part 8 of this title; title II of the Americans with Disabilities Act,42 U.S.C. 12101 etseq.; 24 CFR part 8; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625,as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p.616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., P. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise). 7 Equal access to HUD-assisted or-insured housing. A determination of eligibility for housing that is assisted by HUD or subject to a mortgage insured by HUD shall be made in accordance with the eligibility requirements provided for such program by HUD, and such housing shall be made available without regard to actual or perceived sexual orientation,gender identity,or marital status. (b) Disclosure requirements.The disclosure requirements and prohibitions of 31 U.S.C. 1352 and 123 implementing regulations at 24 CFR part 87; and the requirements for funding competitions established by the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531 etseq.). (c) Debarred,suspended, or ineligible contractors and participants.The prohibitions at 2 CFR part 2424 on the use of debarred, suspended, or ineligible contractors and participants. (d) Drug free workplace.The Drug-Free Workplace Act of 1988 (41 U.S.C. 701,etseq.) and HUD's implementing regulations at 2 CFR part 2429. 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs. Applicability. This section applies to assistance provided under Community Planning and Development (CPD) programs, including assistance under the following CPD programs: HOME Investment Partnerships program (24 CFR part 92), Housing Trust Fund program (24 CFR part 93), Community Development Block Grant program (24 CFR part 570), Housing Opportunities for Persons With AIDS program (24 CFR part 574), Emergency Solutions Grants program (24 CFR part 576), Continuum of Care program (24 CFR part 578), or Rural Housing Stability Assistance Program (24 CFR part 579).The requirements of this section apply to recipients and subrecipients, as well as to owners, operators, and managers of shelters and other buildings and facilities and providers of services funded in whole or in part by any CPD program. Equal access in accordance with genderidentity. The admissions, occupancy, and operating policies and procedures of recipients, subrecipients, owners, operators, managers, and providers identified in paragraph (a) of this section, including policies and procedures to protect privacy, health, safety, and security, shall be established or amended, as necessary, and administered in a nondiscriminatory manner to ensure that: Equal access to CPD programs, shelters, other buildings and facilities, benefits, services, and accommodations is provided to an individual in accordance with the individual's gender identity, and in a manner that affords equal access to the individual's family; (2)An individual is placed,served, and accommodated in accordance with the gender identity of the individual; (3)An individual is not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual's gender identity;and (4) Eligibility determinations are made and assisted housing is made available in CPD programs as required by§ 5.105(a)(2). (c) Placement and accommodation in temporary, emergency shelters and other buildings and facilities with shared sleeping quarters or shared bathing facilities — (1)Placement and accommodation. Placement and accommodation of an individual in temporary, emergency shelters and other buildings and facilities with physical limitations or configurations that require and are permitted to have shared sleeping quarters or shared bathing facilities shall be made in accordance with the individual's gender identity. Post-admission accommodations. A recipient, subrecipient, owner, operator, manager, or provider must take nondiscriminatory steps that may be necessary and appropriate to address privacy concerns raised by residents or occupants and, as needed, update its admissions,occupancy, and operating policies and procedures in accordance with paragraph (b) of this section. (d)Documentation and record retention. Providers shall document and maintain records of compliance 124 with the requirements in paragraph (b) of this section for a period of 5 years. 5.107 Audit requirements for non-profit organizations. Non-profit organizations subject to regulations in the part 200 and part 800 series of title 24 of the CFR shall comply with the audit requirements of 2 CFR part 200, subpart F. For HUD programs, a non-profit organization is the mortgagor or owner(as these terms are defined in the regulations in the part 200 and part 800 series) and not a related or affiliated organization or entity. [62 FR 61617, Nov. 18, 1997, as amended at 80 FIR 75934, Dec.7, 2015] 5.109 Equal participation of faith-based organizations in HUD programs and activities. Purpose. Consistent with Executive Order 13279,entitled "Equal Protection of the Laws for Faith-Based and Community Organizations," as amended by Executive Order 13559, entitled "Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations," and as amended by Executive Order 14015, entitled "Establishment of the White House Office of Faith-Based and Neighborhood Partnerships," this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities.These requirements apply to all HUD programs and activities, including all of HUD's Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. Definitions.The following definitions apply to this section: Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider(i.e.,via a contract)or awards funds to that provider to carry out an activity (e.g., via grant, sub-grant, sub-award, or cooperative agreement).The recipients of sub-grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow- through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance. Federal financial assistance means assistance that non-Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption. Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Government-funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher,certificate,or other similar means of Government-funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non-religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance wholly as a result of a genuine and independent private choice of the beneficiary, not a choice of the Government.The availability of adequate secular alternatives is a significant factor in determining whether a program affords true private choice. Intermediary means an entity, including a nongovernmental organization, acting under a contract,grant, or other agreement with the Federal Government or with a State,tribal or local government that accepts 125 Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. Religious exercise has the meaning given to the term in 42 U.S.C. 2000cc-S(7)(A). (c) Equal participation of faith-based organizations in HUD programs and activities. (1) Faith-based organizations are eligible, on the same basis as any other organization,to participate in any HUD program or activity for which they are otherwise eligible. Neither the Federal Government, nor a State,Tribal, or local government, nor any other entity that administers any HUD program or activity, shall discriminate for or against an organization on the basis of the organization's religious character, motives, or affiliation, or lack thereof, or on the basis of conduct that would not be considered grounds to favor or disfavor a similarly situated secular organization. Nothing in this section shall be construed to preclude HUD from making an accommodation, including for religious exercise, with respect to one or more program requirements on a case-by-case basis in accordance with the Constitution and laws of the United States. (3) HUD shall not disqualify an organization from participating in any HUD program for which it is eligible on the basis of the organization's indication that it may request an accommodation with respect to one or more program requirements, unless the organization has made clear that the accommodation is necessary to its participation and, in accordance with the Constitution and laws of the United States, HUD has determined that it would deny the accommodation. In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character,affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding opportunity,grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith-based organizations are eligible for such opportunities. (d) Independence and identity of faith-based organizations. (1)A faith-based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs; provided that, it does not use direct Federal financial assistance, whether received through a prime award or sub-award, to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or prose lytization. A faith-based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship)to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization's name, select its board members on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section, and include religious references in its organization's mission statements and other governing documents. (e) Explicitly religious activities. If an organization engages in explicitly religious activities(including activities that involve overt religious content such as worship, religious instruction, or prose lytization), the 126 explicitly religious activities must be offered separately, in time or location,from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD's authority under applicable Federal law to fund activities,that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs. If an intermediary—acting under a contract,grant,or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance—is given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract,grant, sub-grant, sub-award,or cooperative agreement,the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program's statutory and regulatory provisions. (g) Nondiscrimination and beneficiary notice requirements— (1)Nondiscrimination. Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services supported in whole or in part with Federal financial assistance, or in their outreach activities related to such services, discriminate against a beneficiary or prospective beneficiary on the basis of religion, a religious belief,a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program. (2)Beneficiary notice. (i) An organization providing services under a program supported by direct Federal financial assistance from HUD, or an entity that administers indirect Federal financial assistance from HUD, must give written notice to beneficiaries and prospective beneficiaries of certain protections in a manner and form prescribed by HUD, including by incorporating the notice into materials that are otherwise provided to beneficiaries.The required language for this written notice to beneficiaries is set forth in appendix C to this subpart. For the Housing Choice Voucher (HCV), Project-Based Voucher(PBV), and Section 8 Moderate Rehabilitation programs,the respective recipient(i.e., Public Housing Agency) is required to provide the written beneficiary notice. For the Housing Opportunities for Persons with AIDS(HOPWA) program,the grantee or project sponsor that is responsible for making eligibility determinations is required to provide the written beneficiary notice. For the Continuum of Care (CoQ and Emergency Solutions Grants (ESG) programs,the recipient or subrecipient that is responsible for determining the eligibility of each family or individual is required to provide the written beneficiary notice.The participating or prospective providers (landlords) are not responsible for providing the written beneficiary notice for indirect aid recipients.The notice must include the following information: (A) Nondiscrimination requirements of paragraph (g)(1)of this section; (B) Notification that a beneficiary or prospective beneficiary may report an organization's violation of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint with the Center for Faith-Based and Neighborhood Partnerships or the intermediary that awarded funds to the organization; and (C) For direct Federal financial assistance only, prohibitions with respect to explicitly religious activities as set forth in paragraph (e) of this section. 127 (3) Notice timing. The written notice described in paragraph (g)(2) of this section must be given to a prospective beneficiary prior to the time the prospective beneficiary enrolls in the program or receives services from the program.When the nature of the service provided or exigent circumstances make it impracticable to provide such written notice in advance of the actual service, an organization must advise beneficiaries of their protections at the earliest available opportunity. (4)Alternative option information. HUD may determine that the notice described in paragraph (g)(2) of this section must inform each beneficiary or prospective beneficiary about how to obtain information from HUD,or a State agency or other entity administering the applicable program, about other federally funded service providers in their area that provide the services available under the applicable program. No additional assurances from faith-based organizations. A faith-based organization is not rendered ineligible by its religious nature to access and participate in HUD programs.Absent regulatory or statutory authority, no notice of funding opportunity, grant agreement, cooperative agreement,covenant, memorandum of understanding, policy,or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations.All organizations that participate in HUD programs or activities, including organizations with religious character, motives, or affiliation, must carry out eligible activities in accordance with all program requirements, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities, subject to any accommodations that are granted to organizations on a case-by-case basis in accordance with the Constitution and laws of the United States. No notice of funding opportunity, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith-based organizations from participating in HUD's programs or activities on the basis of the organization's religious character, motives, or affiliation, or lack thereof, or on the basis of conduct that would not be considered grounds to disqualify a similarly situated secular organization. Exemption from Title Vll employment discrimination requirements. A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a)of the Civil Rights Act of 1964(42 U.S.C. 2000e-1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees.Accordingly,grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements. Acquisition, construction, and rehabilitation of structures. Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.Where a structure is used for both eligible and explicitly religious activities(including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acquisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However, acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD- funded faith-based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance. Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. 128 (k) Commingling of Federal and State, tribal, and local funds. If a State,tribal,or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity,the State,tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled,the requirements of this section apply to all of the commingled funds. Further, if a State, tribal,or local government is required to contribute matching funds to supplement direct Federal financial assistance for an activity,the matching funds are considered commingled with the direct Federal financial assistance and,therefore,subject to the requirements of this section. Some HUD programs' requirements govern any activity assisted under those programs.Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements. Tax exempt organizations. In general, HUD does not require that a recipient, including a faith-based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding. Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined,the applicant may do so by any of the following means: (1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2)A statement from a State or other governmental taxing body or the State secretary of State certifying that— (i)The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual; (3)A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant; or (4)Any item described in paragraphs(1)(1)through (3)of this section, if that item applies to a State or national parent organization,together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate. (m) Rule of construction. Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects. 129 City of Corpus Christi HOME INVESTMENT PARTNERSHIP PROGRAM RESALE/RECAPTURE PROVISIONS In compliance with HUD 24 CFR 92.254,the City of Corpus Christi shall require that Resale provisions be used in the event that only a Development Subsidy is used to make the home affordable (i.e. funding construction to the developer). In a project where both Development and Direct subsidies are provided, recapture provisions apply. Resale provisions require the homeowner to sell to another low-income homebuyer if applicable. The resale requirement must ensure that the price at resale provides the original HOME-assisted owner a fair return on investment and ensure that the housing will remain affordable to a reasonable range of low-income homebuyers as defined below: Affordable to range of low-income homebuyers (As it relates to the Resale Provision only): That which is affordable to a family earning 80% AMI and below and that who not pay any more than 35% their gross income for PITI (Principle,Interest, Tax,and Insurance). Fair Return on Investment(As it relates to the Resale Provision only): A Homeowner can sell the home during the affordability period according to the following chart: Years Lower Range Max Limit Year 1-5 of Affordability A Homeowner can sell the Current(as of date of sale) Period home during the affordability Affordable Home Price as period for no more than 15% over established by HUD for the Nueces County Appraisal District HOME Homeownership value appraisal value limits for the City of Corpus Christi Year 6-15 of Affordability No Cap on appreciation rate Current(as of date of sale) Period Affordable Home Price as established by HUD for the HOME Homeownership value limits for the City of Corpus Christi Homeownership projects undertaken using the resale provision shall use deed restrictions, covenants running with land, or other similar mechanisms per 92.254(a)(5)(i)(A) to ensure the resale requirements. The period of affordability specified in the mortgage will be the minimum period for the project as specified above. The period of affordability is based on the total amount of HOME funds invested in the housing. 130 Either recapture or resale provisions must be detailed and outlined in accordance with 24 CFR 92.254 in marketing brochures,written agreements, and all legal documents with HOME funded projects. Either recapture or resale may be used within a project,not both. Combining provisions to create "hybrids"is not allowed. 131 City of Corpus Christi HOME INVESTMENT PARTNERSHIP PROGRAM RECAPTURE PROVISIONS The City of Corpus Christi,HOME Homebuyer Assistance Program in compliance with 24 CFR 92.254 of the HOME rule, has adopted the following recapture policy,using the HUD acceptable recapture model,Reduction (or Forgiveness) During the Affordability Period. The HOME recapture provisions are established in §92.254(a)(5) and permit the original homebuyer to sell the property to any willing buyer within the affordability period,while the City of Corpus Christi is able to recapture all or a portion of the HOME assistance provided to the original homebuyer. The recapture approach requires that all or a portion of the direct subsidy provided to the homebuyer be recaptured from the net proceeds of the sale. Direct HOME Subsidy- the amount of HOME assistance, including any program income that enabled the homebuyer to buy the unit. It includes down payment, closing costs, interest subsidies, or other HOME assistance provided directly to the homebuyer. It also includes any assistance that reduced the purchase price from the fair market value to an affordable price. Furthermore, if HOME funds are used for the cost of developing a property and the unit is sold below fair market value,the difference between the fair market value and the purchase price is considered to be directly attributable to the HOME subsidy. Net Proceeds-the sales price minus the superior loan repayment(other than HOME funds)and any closing costs. The City of Corpus Christi may require full or partial repayment of the direct HOME subsidy when a subsequent sale occurs during the affordability period. If there are no proceeds or insufficient proceeds to recapture the full amount of HOME investment due,the amount subject to recapture must be limited to what is available from the net proceeds. The period of affordability is based upon the total amount of HOME funds subject to recapture,which is based on the amount of HOME assistance that enabled the homebuyer to purchase the home. This may include any HOME assistance that reduced the purchase price from fair market value to an affordable price,but excludes the amount between the cost of producing the unit and the market value of the property, such as the development subsidy. The recaptured funds must be used to carry out HOME eligible activities within the City of Corpus Christi. The period of affordability for the HOME Homebuyer Assistance Program is five(5)or ten(10)years as outlined in table below. As per HUD regulations, the period of affordability does not begin until the activity is shown as completed in HUD's Integrated Disbursement and Information System ("IDIS"). Therefore, the period of affordability may not start until sometime after the actual execution date of the Agreement and related Deed of Trust and Promissory Note. The period of affordability will however begin on the same date as the IDIS activity completion date. The following table outlines the required minimum HOME affordability periods: HOME Investment Per Unit Minimum Period of Affordability $1,000 to $15,000 5 Years $15,001 to $40,000 10 Years 132 Reduction (or Forgiveness)During the Affordability Period: The City of Corpus Christi has chosen to reduce the amount of direct HOME subsidy on a pro-rata basis for the time the homebuyer has owned and occupied the dwelling, measured against the required affordability for its HOME Homebuyer Assistance Program. The HOME Homebuyer Assistance Program will provide a program and income eligible homebuyer with up to $35,000 in HOME assistance. The pro rata amount to be recaptured will be determined by the following formula: # of years in the home x the total direct HOME subsidy=Recapture Amount period of affordability -The number of years the homebuyer occupied the home, divided by the period of affordability; -Multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer If there are insufficient net proceeds available to recapture the full amount pro rata amount due, then it is not required to repay the difference between the prorated direct HOME subsidy due and the amount the City of Corpus Christi is able to recapture from available net proceeds. Recapture Example: A homebuyer receives $5,000 of HOME down payment assistance to purchase a home. The total direct HOME subsidy to the homebuyer is $5,000 and requires a 5 year period of affordability. if the homebuyer sells the home in year 3 of the 5 year affordability period, the City of Corpus Christi would forgive 60 percent of the direct HOME subsidy and recapture 40 percent of the direct HOME subsidy, or$2,000 of the HOME investment, assuming that there are sufficient net proceeds available. In summary: The City of Corpus Christi will ensure that a detailed HOME Homebuyer Assistance Program Agreement and Notice of Period of Affordability Agreement that convey the recapture provisions is executed with the homebuyer to ensure that all parties are aware of the specific HOME requirements applicable to the home, such as the period of affordability, principal residency requirement,terms; and conditions of the recapture requirement. The HOME Homebuyer Assistance Program Agreement is a separate legal document that will comply with 24 CFR 92.254 of the HOME rule. As per accordance with the terms and provisions of the HOME Homebuyer Assistance Program Agreement,the City of Corpus Christi through the Notice of Period of Affordability Agreement will provide the homebuyer with the HUD IDIS activity completion date, which is equal to the beginning date of the Period of Affordability. 133 CONTACT INFORMATION Planning and Community Development Department Jennifer Buxton,Assistant Director 1201 Leopard St. Corpus Christi, TX 78401 361-826-3976 134 Amended: March 2025 CityCorpusof Christi, TX AMENDED CITIZEN PARTICIPATION PLAN AMENDED CITIZEN PARTICIPATION PLAN RELATING TO THE ADMINISTRATION OF THE COMMUNITY PLANNING & DEVELOPMENT PROGRAMS OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 135 Table of Contents A. Introduction........................................................................................................................................................5 1. Purpose.......................................................................................................................................................5 2. Lead Agency and Contact Person................................................................................................................5 3. Effective Date..............................................................................................................................................5 B. Encouragement of Citizen Participation .............................................................................................................5 1. General.......................................................................................................................................................5 2. Non-English Speakers .................................................................................................................................6 3. Persons with Disabilities.............................................................................................................................6 4. Low-and Moderate-Income Persons..........................................................................................................6 S. Organizations and Agencies........................................................................................................................6 6. Local Public Housing Authority...................................................................................................................6 7. Public Notices.............................................................................................................................................6 8. Public Meetings..........................................................................................................................................7 9. Technical Assistance...................................................................................................................................7 10. Online Access..........................................................................................................................................7 11. Other Engagement Techniques..............................................................................................................7 12. City Contact Person.................................................................................................................................7 C.The Citizen Participation Plan.............................................................................................................................7 1. Citizen Participation Plan Development......................................................................................................7 a. Public Review of the Draft CPP...............................................................................................................7 b. Comments Received on Draft Amended CPP..........................................................................................8 C. Public Meeting........................................................................................................................................8 d. City Council Action..................................................................................................................................8 e. Submission to HUD.................................................................................................................................8 2. Amendmentsto the Approved Citizen Participation Plan...........................................................................8 a. Amendment Considerations...................................................................................................................8 b. Draft Amended CPP Review....................................................................................................................8 c. Comments Received on Draft Amended CPP..........................................................................................8 d. Public Meeting........................................................................................................................................9 e. City Council Action..................................................................................................................................9 f. Submission to HUD.................................................................................................................................9 g. Plan Access.............................................................................................................................................9 Citizen Participation Plan 136 h. In the Event of an Emergency.................................................................................................................9 D.The Consolidated Plan (ConPlan)........................................................................................................................9 1. ConPlan Development................................................................................................................................9 a. ConPlan Stakeholder Consultation and Citizen Outreach.......................................................................9 b. ConPlan Public Meetings..................................................................................................................... 10 C. ConPlan Potential Displacement of Persons........................................................................................ 10 d. ConPlan Public Display and Comment Period...................................................................................... 11 e. Draft ConPlan Comments Received..................................................................................................... 11 f. City Council Action on ConPlan............................................................................................................ 11 g. Submission to HUD.............................................................................................................................. 11 2. Revisions to the ConPlan ......................................................................................................................... 11 a. Revision Considerations....................................................................................................................... 11 b. ConPlan Public Display and Comment Period...................................................................................... 12 C. Public Meeting..................................................................................................................................... 12 d. Comments Received on the Draft Revised Consolidated Plan ..............................................................12 e. City Council Action............................................................................................................................... 12 f. Submission to HUD.............................................................................................................................. 13 3. In the Event of a Disaster or Emergency.................................................................................................. 13 a. Public Review....................................................................................................................................... 13 b. Plan Access.......................................................................................................................................... 13 E.The Annual Action Plan (AAP).......................................................................................................................... 13 1. Plan Development ................................................................................................................................... 13 a. Public Meetings................................................................................................................................... 14 b. Public Display and Comment Period.................................................................................................... 14 C. Comments Received on the Draft Annual Action Plan......................................................................... 14 d. City Council Action............................................................................................................................... 14 e. Submission to HUD.............................................................................................................................. 15 2. Revisions to the AAP................................................................................................................................ 15 a. Revision Considerations....................................................................................................................... 15 b. Public Display and Comment Period.................................................................................................... 15 C. Public Meeting..................................................................................................................................... 16 d. Comments Received on the Draft Revised AAP................................................................................... 16 e. City Council Action............................................................................................................................... 16 f. Submission to HUD.............................................................................................................................. 16 3. In the Event of a Disaster or Emergency.................................................................................................. 16 Citizen Participation Plan 137 a. Plan Access.......................................................................................................................................... 16 F. Consolidated Annual Performance and Evaluation Report (CAPER) ................................................................ 17 1. Report Development............................................................................................................................... 17 a. Report Considerations......................................................................................................................... 17 b. Public Display and Comment Period.................................................................................................... 17 C. Comments Received on the Draft CAPER............................................................................................. 17 d. Submission to HUD.............................................................................................................................. 17 e. Plan Access.......................................................................................................................................... 17 G.Section 108 Loan Guarantee Program............................................................................................................. 18 a. Development of Section 108 Loan Guarantee Application.................................................................. 18 b. Public Display and Comment Period.................................................................................................... 18 C. Comments Received on the Proposed Section 108 Application .......................................................... 18 d. Submission to HUD.............................................................................................................................. 18 2. Complaints............................................................................................................................................... 18 Citizen Participation Plan 138 CITIZEN PARTICIPATION PLAN A. Introduction 1. Purpose Pursuant to the citizen participation requirements of 24 CFR Section 91.105 and 24 CFR Part 5,the City of Corpus Christi,TX(referred to as the "City") sets forth the following amended Citizen Participation Plan (the "Plan")as it relates to the administration ofthe Community Planning and Development(CPD)programs funded by the U.S. Department of Housing and Urban Development(HUD). The Plan presents the City's plan for providing for and encouraging all citizens to participate in the development, revision, amendment, adoption, and implementation of the following plans and programs: • The Citizen Participation Plan (CPP) • The Consolidated Plan (ConPlan) • The Annual Action Plan (AAP) • Analysis of Impediments to Fair Housing Choice(AI) • The Consolidated Annual Performance and Evaluation Report(CAPER) • The Section 108 Loan Guarantee Program(Section 108) 2. Lead Agency and Contact Person The Planning and Community Development Department of the City is the lead agency responsible for the administration of the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Program (HOME) and Emergency Solution Grant Program (ESG). All communication regarding the documents covered by this Plan, comments, complaints, reasonable accommodation for disabled persons, translation services,or other elements shall be directed to: Director of Planning and Community Development Planning and Community Development Department City of Corpus Christi 1201 Leopard Street,Corpus Christi,TX 78401 Phone: 316.826.3010 3. Effective Date Subsequent to approval of the CPP by City Council and HUD, this Plan shall be effective until it is amended or otherwise replaced. B. Encouragement of Citizen Participation 1. General The City provides for and encourages citizens to participate in the development, revision, amendment, adoption and implementation of the CPP, the ConPlan, the AAP, the Al, the CAPER, Section 108. The City encourages participation by low- and moderate-income persons, particularly those living in areas designated as revitalization areas or in slum and blighted areas and in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate- income neighborhoods. With respect to the public participation initiatives included in this Plan, the City will take appropriate Citizen Participation Plan 139 actions to encourage the participation of all of its citizens, including minorities, non-English speaking persons, and persons with disabilities, as described below. 2. Non-English Speakers The City has determined that, based on 2021 American Community Survey data, 4.0% percent of residents speak English less than very well. Upon request, materials may be provided in Spanish language. 3. Persons with Disabilities To encourage the participation of persons with disabilities, the City will include the following language in all public meeting notices published in the Caller Times: If you need accommodations for physical mobility, sensory impairment or language needs to participate in the meeting, please contact the Planning and Community Development Department at(316) 826-3010. Notification 48 hours prior to the meeting will enable the Planning and Community Development Department to make reasonable arrangements to ensure accessibility to the meeting. The City will conduct all public meetings in locations that are handicapped-accessible, when available. 4. Low- and Moderate-Income Persons The City will conduct at least one public meeting in a neighborhood that contains at least 51% low- and moderate-income residents, based on current HUD data, during the development of the ConPlan and the AAP. S. Organizations and Agencies The City encourages the participation of local and regional institutions, the Continuum of Care, businesses, developers, nonprofit organizations, philanthropic organizations, and community-based and faith-based organizations in the process of developing, revising, amending, adopting and implementing all documents covered by the CPP.This will be achieved through stakeholder interviews,focus groups and/or public meetings. 6. Local Public Housing Authority The City, in consultation with the Corpus Christi Housing Authority (CCHA), encourages the participation of residents of any public housing developments located within the City in the process of developing, revising, amending, adopting and implementing the documents covered by this Plan. The City will provide information to the Executive Director of CCHA about the ConPlan and subsequent AAP activities related to the public housing developments and communities so that CCHA can make this information available at the annual public meetings required for its Public Housing Authority Agency Plan. 7. Public Notices Public review/comment periods and public meetings held in the process of developing, revising, amending, adopting and implementing the documents covered by the CPP shall be advertised in the Caller Times no less than 10 days prior to when the public meeting is held. Citizen Participation Plan 140 S. Public Meetings All public meetings will be scheduled at times and locations, either in-person and or virtually, that are convenient for potential and actual program beneficiaries, and with accommodation for persons with disabilities and non-English speakers in accordance with the CPP. 9. Technical Assistance The City's Planning and Community Development Department staff are available to assist organizations and other eligible individuals that are interested in submitting a proposal to obtain funding through the CDBG, HOME or ESG programs. All potential applicants are strongly encouraged to contact the Planning and Community Development Department for technical assistance before initiating a funding request application. The Planning and Community Development Department contact information can be obtained at: httos://www.corpuschristitx.gov/department-directory/planning-community-development/. 10.Online Access The City will post draft copies and final copies of all documents covered by the CPP on its website: https://www.corpuschristitx.gov/department-directory/planning-community-development/. 11.Other Engagement Techniques The City's Planning and Community Development Department may, as needed, hold virtual ConPlan and AAP community and stakeholder engagement meetings and or events in order to potentially engage those residents who might not be able to attend such meetings in-person. The CPP may be amended as the City continues to gain access to technology that improves the avenues of participation by its residents. 12.City Contact Person All communication regarding the CPP, ConPlan, AAP, Al, CAPER, project environmental reviews, or public comments or complaints, reasonable accommodation for disabled persons, translation services, or other elements of HUD entitlement programs and activities shall be directed to: the Grant Monitoring Program Manager, City of Corpus Christi 1201 Leopard Street,Corpus Christi,TX 78401. C. The Citizen Participation Plan 1. Citizen Participation Plan Development The City's public review procedure when developing its Citizen Participation Plan(CPP) is as follows: a. Public Review of the Draft CPP The draft CPP will be made available for public review for a 15-day period prior to City Council consideration and adoption and may be done concurrently with the public review and comment process for the ConPlan. Copies of the draft CPP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website athttps://www.corpuschristitx.gov/department-directory/planning- community-development/. • La Retama Library,805 Comanche Street,Corpus Christi,TX 78401 Citizen Participation Plan 141 b. Comments Received on Draft Amended CPP Written comments will be accepted by the City's Director of Planning and Community Development,or a designee, during the 15-day public review period. c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended CPP prior to its approval and submittal to HUD.This public meeting may be held concurrently with the public meeting held in conjunction with the Consolidated Plan. d. City Council Action Following the public meeting, the Plan will be presented to City Council for consideration and formal action. e. Submission to HUD A copy of the CPP, including a summary of all written comments and those received during the public meeting as well as the City's responses and proof of compliance with the minimum 15-day public review and comment period requirement, will be submitted to HUD. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as well. 2. Amendments to the Approved Citizen Participation Plan The City shall follow the following procedure to amend its approved (CPP),as needed. a. Amendment Considerations The City will amend the CPP, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to its federal funding programs.Substantial amendments to the CPP may be required should a provision of the CPP be found by the City to conflict with HUD regulations,or when changes in HUD regulations occur, or based on current HUD guidance. Edits to the CPP that only include updated contact information or editorial changes for clarity will not be released for public review and comment. b. Draft Amended CPP Review The draft amended CPP will be made available for public review for a 15-day period prior to City Council consideration and adoption and may be done concurrently with the public review and comment process for the ConPlan or a AAP. Copies of the draft and final Amended CPP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi,TX 78401. • The City's website at: https://www.corr)uschristitx.gov/department-directory/planning- community-development/. • La Retama Library,805 Comanche Street,Corpus Christi,TX 78401 c. Comments Received on Draft Amended CPP Written comments will be accepted by the Director of Community Development Department, or a designee, during the 15-day public review period. Citizen Participation Plan 142 d. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended CPP prior to its approval and submittal to HUD.This public meeting may be held concurrently with the public meeting held in conjunction with the ConPlan or a AAP. e. City Council Action Following the public meeting, the CPP will be presented to City Council for consideration and formal action. f. Submission to HUD A copy of the Amended CPP, including a summary of all written comments and those received during the public meeting as well as the City's responses and proof of compliance with the minimum 15-day public review and comment period requirement, will be submitted to HUD. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as well. g. Plan Access The approved CPP and any amendments will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: https://www.cori3uschristitx.gov/department-directory/planning- community-development/. Hard copies can be made available to those requesting the CPP by contacting the City's Director of Planning and Community Development,or a designee. h. In the Event of an Emergency In the event of a local, state or federally declared disaster or emergency or pandemic where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to forgo the public meeting for amendments to its CPP. The length of public comment for amendments to the CPP shall be no less than five (5)days. Draft documents for public comment and review will be made available on the City's website at: httos://www.corr)uschristitx..ov/department-directory/plannin.-community-development/. Copies of the draft documents will be mailed or e-mailed upon request, if possible. D. The Consolidated Plan (ConPlan) 1. ConPlan Development The City will follow the process and procedures described below in the development of its ConPlan. a. ConPlan Stakeholder Consultation and Citizen Outreach In the development of the ConPlan, the City will consult with other public and private agencies including, but not limited to,the following: • The Corpus Christi Housing Authority • Other assisted housing providers • Social service providers including those focusing on services to minorities, people with low-and moderate household income, families with children, the elderly, persons with disabilities, persons with HIV/AIDS and their families, homeless persons, and other protected classes • Continuum(s)of Care that serve(s)the jurisdiction • Community-based and regionally based organizations that represent protected class members Citizen Participation Plan 143 and organizations that enforce fair housing laws • Regional government agencies involved in metropolitan-wide planning and transportation responsibilities • Business and civic leaders • Broadband internet service providers and organizations engaged in narrowing the digital divide • Agencies whose primary responsibilities include the management of flood prone areas, public land or water resources • Emergency management agencies. When preparing the portion of the ConPlan concerning lead-based paint hazards,the City shall consult with local or state health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead-poisoned. When preparing the description of priority non-housing community development needs, the City will notify adjacent units of local government, to the extent practicable. This shall involve, at a minimum, the City sending a letter to the chief elected official of each adjacent unit of government notifying them of the draft ConPlan and how to access a copy online for review and comment. A variety of mechanisms may be utilized to solicit input from these persons/service providers /agencies/entities.These include written letters,telephone or in-person interviews, surveys,internet- based feedback and surveys, focus groups, and/or consultation workshops. b. ConPlan Public Meetings The City will conduct at least two public meetings in the development of the ConPlan. The first public meeting will be conducted before the draft ConPlan is published for public comment, during which the City will address housing and community development needs, development of proposed activities,the amount of assistance the City expects to receive(including grant funds and program income),the range of activities that may be undertaken, including the estimated amount that will benefit low- and moderate-income residents, and a review of program performance. The second public meeting will be conducted during or after the 30-day public comment period during which the City will address identified housing and community development needs and proposed eligible activities. The City shall provide meeting notices to local nonprofit agencies, subrecipients, CCHA, and other interested groups and residents (see Section D.1.a above). c. ConPlan Potential Displacement of Persons Although the City does not anticipate any residential displacement to occur in the foreseeable future, it is required to describe its plans to minimize the displacement of persons and to assist any persons displaced. When displacement is unavoidable on a temporary or permanent basis, the City will comply with the federal Uniform Relocation Act. Should displacement of residents be necessary as a result of the use of funds covered by this CPP,the City shall compensate residents who are actually displaced in accordance with HUD Handbook No. 1378, Tenant Assistance, Relocation and Real Property Acquisition. Citizen Participation Plan 144 This resource is accessible online at: httos://www.hud.gov/program offices/administration/hudclips/handbooks/cpd/13780 d. ConPlan Public Display and Comment Period The draft ConPlan will be placed on display for a period of no less than 30 days to encourage public review and comment.The public notice shall include a brief summary and purpose of the ConPlan; the anticipated amounts of funding (including program income, if any); proposed activities likely to result in displacement, if any; plans for minimizing the displacement of persons as a result of CDBG activities, if any; plans to assist persons actually displaced by the project, if any; the dates of the public display and comment period;the locations where copies of the draft ConPlan can be examined; how comments will be accepted;when the document will be considered for action by City Council;and,the anticipated submission date to HUD. Copies of the draft ConPlan will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi,TX 78401. • The City's website at: https://www.corr)uschristitx.gov/department-directory/planning- community-development/ • La Retama Library,805 Comanche Street,Corpus Christi TX 78401 e. Draft ConPlan Comments Received Written comments will be accepted by the Director of the City's Planning and Community Development Department,or a designee,during the 30-day public display and comment period.The City will consider any comments or views of City residents received in writing,or orally at the public meeting,in preparing the final ConPlan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why,will be attached to the final ConPlan for submission to HUD. f. City Council Action on ConPlan Following the public meeting, the ConPlan will be presented to City Council for consideration and formal action. g. Submission to HUD The ConPlan will be submitted to HUD no less than 45 days before the start of the City's five-year program cycle. 2. Revisions to the ConPlan The City shall follow the following procedure to revise its ConPlan, as needed. a. Revision Considerations There are two types of amendments that may occur with the ConPlan: minor amendments and substantial amendments. 1) Minor Amendment • When funds are added to an approved eligible activity that do not exceed $25,000 • When the scope of an approved eligible activity has changed, however the service area, site, accomplishments and or beneficiaries does not change. 2) Substantial Amendment: Citizen Participation Plan 145 An amendment to the approved ConPlan is considered substantial under the following circumstances: • When there is a change to the Priority Needs,Goals,Objectives,and/or Target Geographies/Areas identified in the Strategic Plan • When new entitlement grants are awarded to the City All other changes that do not meet the criteria defined above will be considered minor amendments and can be reviewed and approved by the Director, Planning and Community Development Department and will not be subject to public comments and or a public comment period.These changes will be fully documented and signed-off by the Director, Planning and Community Development Department. The City may choose to submit a copy of each amendment to the ConPlan to HUD as it occurs,or at the end of the program year. Letters transmitting copies of amendments will be signed by the Director, Planning and Community Development Department. b. ConPlan Public Display and Comment Period The draft revised ConPlan will be placed on display for a period of no less than 30 days to encourage public review and comment.The public notice shall include a brief summary of the revisions,the dates of the public display and comment period,the locations where copies of the proposed revised ConPlan can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft revised ConPlan will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi,TX 78401. • The City's website at: https://www.corr)uschristitx.gov/department-directory/planning- community-development/. • La Retama Library,805 Comanche Street,Corpus Christi,TX 78401 c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended ConPlan prior to its approval and submittal to HUD.This public meeting may be held concurrently with the public meeting held in conjunction with the Consolidated Plan and the Annual Action Plan. d. Comments Received on the Draft Revised Consolidated Plan Written comments will be accepted by the City's Director of Planning and Community Development,or a designee, during the 30-day public display and comment period.The City will consider any comments or views of City residents received in writing, or orally at public meetings, in preparing the final Revised ConPlan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final Revised ConPlan for submission to HUD. e. City Council Action Following the public meeting, the revised ConPlan will be presented to City Council for consideration and formal action. Citizen Participation Plan 146 f. Submission to HUD The revised ConPlan/Amendment will be submitted to HUD following the end of the public display and comment period and adoption by City Council. 3. In the Event of a Disaster or Emergency In the event of a local,state or federally declared disaster or emergency where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to conduct public meetings and meetings virtually via conference call or live web-streaming with the ability to provide comment and ask questions and receive a response in a timely manner.Accommodations will be made for persons with disabilities and non-English speaking persons upon request. Documents for public review will be shared via the City's website.This provision shall apply to all documents covered by this CPP. a. Public Review In the event of an emergency,the following alternatives may be instituted by the City: • The length of the public comment and display period for the ConPlan or AAP and Substantial Amendments shall be no less than five (5) days. • Draft documents for public comment and review will be made available on the City's website at: https://www.cori3uschristitx.gov/department-directory/planning-community-development/. Copies of the draft documents will be mailed or e-mailed upon request, if possible. • Public meetings may be held as virtual meetings using local cable access television or other online platforms for public viewing with the option to provide comment and questions ahead of time or during the meeting, and responses will be provided in a timely manner. • The City may opt to hold one public meeting during the ConPlan/AAP process and its second required public meeting during the CAPER process for the same program year. b. Plan Access The revised ConPlan will be kept on file at the Department of Planning and Community Development, City of Corpus Christi website: https://www.cori3uschristitx.gov/department-directory/planning- community-development/. Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. E. The Annual Action Plan (AAP) The Annual Action Plan (AAP) is a component of the ConPlan, and it describes the City's proposed use of available federal and other resources to address the priority needs and specific objectives in the ConPlan for each program year; the City's method for distributing funds to local non-profit organizations; and, the geographic areas of the City to which it will direct assistance. 1. Plan Development The City will follow the process and procedures described below in the development of its AAP. Citizen Participation Plan 147 In preparing the AAP,the City may identify and include backup projects that can be substituted if higher priority projects run into delays. This will streamline the substitution process while giving citizens the opportunity to provide input. This will assist with the City's intent to deobligate funds from a particular project and fund one or more others in its place and minimize the impact of a delayed project on the overall timeliness of programs. Backup projects that may be undertaken will be selected based on priority needs as established by the City's Five Year ConPlan and timely expenditures. Backup projects will be continually vetted for eligibility. Phased projects may be included and funded over several years to include but are not limited to feasibility and/or design portions, property acquisition, and construction. a. Public Meetings The City will conduct at least two public meetings during the development of the AAP. The first public meeting will be conducted before the AAP draft is published for public comment. During the first public meeting, the City will address housing and community development needs, development of proposed activities, the amount of assistance the City expects to receive (including grant funds and program income), the range of activities that may be undertaken, including the estimated amount that will benefit low- and moderate-income residents, and a review of program performance. The second public meeting will be conducted during or after the 30-day public comment period during which the City will address identified housing and community development needs, proposed eligible activities, and proposed strategies and actions for affirmatively furthering fair housing, consistent with the Analysis of Impediments to Fair Housing. Both public meetings conducted for the Year 1 AAP may be conducted concurrently with the required public meetings for the five-year ConPlan. b. Public Display and Comment Period The draft AAP will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the AAP, the anticipated amounts of funding (including program income, if any), the dates of the public display and comment period, the locations where copies of the draft AAP can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft AAP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: httos://www.corr)uschristitx.gov/department-directory/planning- community-development/. • La Retama Library,805 Comanche,Corpus Christi TX 78401 c. Comments Received on the Draft Annual Action Plan Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City Citizen Participation Plan 148 will consider any comments or views of City residents received in writing or orally at the public meetings in preparing the final AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why,will be attached to the final AAP for submission to HUD. d. City Council Action Following the public meeting, the AAP will be presented to City Council for consideration and formal action. Citizen Participation Plan 149 e. Submission to HUD The AAP will be submitted to HUD no less than 45 days before the start of the City's annual program year. 2. Revisions to the AAP The City shall follow the following procedure to revise its AAP, as needed. a. Revision Considerations There are two types of amendments that may occur with the AAP: minor amendments and substantial amendments.An amendment to the approved AAP is considered substantial under the following circumstances: • When there is a change to the Annual Goals, Objectives, and/or Target Geographies/Areas identified in the AAP • When a project previously identified in the AAP is cancelled • When a new project that was not previously identified in the AAP is created • When a significant change occurs in the purpose, locations, or beneficiaries of an activity previously approved. • When a 50 percent change in federal funding occurs where the project is$25,000 or less • When a 25 percent change in federal funding occurs where the project is more than $25,000. All other changes to funding allocations or approved eligible activities that do not meet the criteria defined above will be considered minor amendments, will be reviewed and approved by the City's Director of Planning and Community Development Department and will not be subject to public comments. These changes will be fully documented and signed by the Director of Planning and Community Development. The City may choose to submit a copy of each substantial amendment to the AAP to HUD as it occurs, or at the end of the program year. Letters transmitting copies of amendments will be signed by the Director of Planning and Community Development. b. Public Display and Comment Period The draft Revised AAP will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the revisions, the dates of the public display and comment period, the locations where copies of the draft AAP can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft Revised AAP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: httos://www.corr)uschristitx.gov/department-directory/planning- community-development/ • La Retama Library,805 Comanche Street,Corpus Christi TX 78401 Citizen Participation Plan 150 c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended Plan prior to its approval and submittal to HUD.This public meeting may be held concurrently with the public meeting held in conjunction with the ConPlan. d. Comments Received on the Draft Revised AAP Written comments will be accepted by the City Contact Person,or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing, or orally at public meetings, in preparing the final Revised AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why,will be attached to the final Revised AAP for submission to HUD. e. City Council Action Following the public meeting, the Revised AAP will be presented to City Council for consideration and formal action. f. Submission to HUD The Revised AAP will be submitted to HUD following the end of the public display and comment period. 3. In the Event of a Disaster or Emergency In the event of a local, state or federally declared disaster or emergency where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to conduct public meetings and meetings virtually via conference call or live web- streaming with the ability to ask questions and provide comment in real time where public comment is required to be heard.Accommodations will be made for persons with disabilities and non-English speaking persons upon request. Documents for public review will be shared via the City's website. This provision shall apply to all documents covered by this Plan. • The length of the public comment and display period for the Consolidated Plan or Annual Action Plan and Substantial Amendments shall be no less than five (5) days. • Draft documents for public comment and review will be made available on the City's website at: https://www.cori3uschristitx.gov/department-directory/planning-community-development/ • Copies of the draft documents will be mailed or e-mailed upon request, if possible. • Public meetings may be held as virtual meetings using local cable access television or other online platforms for public viewing with the option to provide comment and questions ahead of time or during the meeting, and responses will be provided in a timely manner. • The City may opt to hold one public meeting during the ConPlan/AAP process and its second required public meeting during the CAPER process for the same program year. a. Plan Access The Revised AAP will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department.The Plan can be accessed online at: https://www.cori3uschristitx.gov/department-directory/planning-community-development/. Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. Citizen Participation Plan 151 F. Consolidated Annual Performance and Evaluation Report (CAPER) 1. Report Development The City shall follow the following procedure in the drafting and adoption of its Consolidated Annual Performance and Evaluation Report (CAPER). a. Report Considerations The Planning and Community Development Department will evaluate and reportthe accomplishments and expenditures of the previous program year for CDBG, HOME, and ESG funds and draft the CAPER in accordance with HUD requirements. b. Public Display and Comment Period The draft CAPER will be placed on display for a period of no less than 15 days to encourage public review and comment. Public notice of the display and comment period will be published in the Caller Times with accommodation for persons with disabilities and non-English Spanish speakers in accordance with this CPP. The public notice shall include a brief summary and purpose of the CAPER, a summary of program expenditures a summary of program performance,the dates of the public display and comment period,the locations where copies of the draft CAPER can be examined, how comments will be accepted, and the anticipated submission date to HUD. Copies of the draft CAPER will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: https://www.corl3uschristitx.pov/department-directory/planning- community-development/ • La Retama Library,805 Comanche Street,Corpus Christi TX 78401 c. Comments Received on the Draft CAPER Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 15-day public display and comment period.The City will consider any comments or views of City residents received in writing in preparing the final CAPER.A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final CAPER for submission to HUD. d. Submission to HUD The CAPER will be submitted to HUD within 90 days following the last day of the City's annual program year. e. Plan Access The CAPER will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: https://www.corpuschristitx.goy/department-directory/planning-community-development/. Citizen Participation Plan 152 Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. G. Section 108 Loan Guarantee Program a. Development of Section 108 Loan Guarantee Application Applications for assistance filed by the City for Section 108 Loan Guarantee assistance authorized under HUD regulation 24 CFR Part 570, Subpart M, are subject to all provisions set forth within this Plan. Such applications for Section 108 assistance may be included as part of the Consolidated Planning process or may be undertaken separately anytime during the City's program year. Before the City submits an application for Section 108 loan guarantee assistance, the City will make available to citizens, public agencies and other interested parties information that includes the amount of assistance the City expects to be made available (including program income), the range of activities that may be undertaken,the estimated amount that will benefit persons of low-and moderate-income,and any activities likely to result in displacement. b. Public Display and Comment Period The City will publish its proposed Section 108 loan application for review and comment. The public notice shall include a summary describing the contents and purpose of the application and listing the locations where the entire application may be examined. An application for Section 108 Loan Guarantee funding shall be made available for public review for a 30-day period prior to consideration and submission to HUD and may be done concurrently with the public review and comment process for the Consolidated Plan. Copies of the proposed Section 108 loan application will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: httr)s://www.corr)uschristitx.gov/department-directory/planning-communit t- development/ • La Retama Library,805 Comanche Street, Corpus Christi TX 78401 c. Comments Received on the Proposed Section 108 Application Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing in preparing the final application.A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why,will be attached to the final application for submission to HUD. d. Submission to HUD The Section 108 Loan Application will be submitted to HUD. 2. Complaints Citizen Participation Plan 153 Residents may register complaints regarding any aspect of the CDBG, HOME and ESG programs by contacting the City's Director of Planning and Community Development,or a designee.All written complaints received will be addressed in writing within 15 days. Residents wishing to object to HUD approval of the final ConPlan, AAP or any other documents identified in this CPP may send written objections to the HUD Field Office at: U.S. Dept of Housing&Urban Development San Antonio Field Office Hipolito Garcia Federal Building 615 East Houston Street,Suite 347 San Antonio,TX 78205-2001 Any written objections should be made within 30 days after the City has submitted any of the documents covered by this CPP to HUD.Any objections made will only be submitted to HUD for the following reasons: The applicant's description of needs and objectives is plainly inconsistent with available facts and data. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant. The application does not comply with the requirements of the CDBG, HOME or ESG programs or other applicable laws. The application's proposed activities which are otherwise ineligible under the program regulations. Objections shall include both an identification of requirements not met and available facts and data. Citizen Participation Plan 154 FY 2026 Annual Action Plan for Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program July 22, 2025 City Council Required Plans • Every 5 years the City must complete a new Consolidated Plan (ConPlan) to set priorities, goals and objectives for the use of federal funds; The current ConPlan is for FY 2024- FY 2028. • Every year the City prepares an Annual Action Plan (AAP) to describe to the public (and HUD) how it intends to spend the annual allocation. This AAP is the third year of the five-year ConPlan. FY 2026 Annual Action Plan • Proposed Activities for October 1, 2025 - September 30, 2026 • Community Development Block Grant (CDBG) Develops viable urban communities for low- and moderate-income persons and supports community development activities to build stronger and more resilient communities • Emergency Solutions Grant (ESG) Focuses on assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness • HOME Investment Partnerships Program (HOME) Creates and maintains affordable housing for low-income households PUS C _T Allocations U y �852 Annual Allocations Two Year Comparison Entitlement FY 2026 FY 2025 Change %Change Community Development Block $2,646,956 $2,659,704 ($12,748) Grant(CDBG) Emergency Solutions $233,755 $234,083 ($328) '. Grant(ESG) HOME Investment $1,144,561 $1,119,386 $25,175 2.25% Partnerships (HOME) Total $4,025,272 $4,013,173 $12,099 `o,�Pus cy9s 4 i �852 Milestones Date Public Input Meetings in Five Council Districts February-March 2025 Additional Public Meeting Open House (Business hours) March 13, 2025 Timeline Technical Assistance Workshops May 5, 2025 Applications Due June 3, 2025 Public Comment Period June 16, 2025—July 15, 2025 15t Reading/Public Hearing July 22, 2025 2"d Reading/Adoption July 29, 2025 Submission to HUD Deadline August 16, 2025 Stakeholder Consultations • Five Council District public meetings in February and March to obtain input from citizens • Added a sixth public meeting during business hours at City Hall • Conducted 23 stakeholder consultations with organizations Five Year Priority Needs • Increase and Maintain Affordable Housing for Low Income Households through: • Housing Repair and Rehabilitation ,, �n� ull s • Homebuyer Program and Builder Program ; , I'•', a •,niVON • New Construction - -- • Rental Housing (New Construction and Rehabilitation) Palms at Blucher Five Year Priority Needs Continued • Public Facilities/Infrastructure Improvements including: • Improvements to Youth Centers • Improvements to Neighborhood Facilities • Park and Recreation Improvements • Accessibility Improvements • Curbs/Sidewalks/Street Improvements • Addressing Homelessness/At-Risk of Homelessness for Households below 30% AM • Public Services/Programs Related to Healthy Outcomes for low- moderate income (LMI) households and senior services • Public Services Related to LMI Households for Job Training and Employment Enhancement Programs • Public Services Related to LMI Households for Code Enforcement GdRe u s cHq'r m J y Examples of Previous Projects 1852 ut Nam'; tP 11JJ11 fine .i I� ria" �]� S FY 2026 Project Recommendations Minor Home Repair Grant Program $889,079 Code Enforcement Staffing $402,361 Neighborhood Cleanups $70,000 Public Facility Projects - Ben Garza Generator $500,000 Program Administration $356,785 Program Delivery $528,731 CDBG Total $2,746,956 ESG Corpus Christi Hope House $108,112 The Salvation Arm $108,112 Program Administration $17,531 ESG Total $233,755 HOME Palo Verde Senior Apartments (Danco) $1,000,000 Habitat for Humanity-Corpus Christi $255,105 Program Administration $139,456 HOME Total $1,394,561 Thank you. Questions? .bus c� G� O� H v NOHPO RRS EO 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police MikeMa(a-)-cctexas.com (361) 886-2601 Sergio Villasana, Director of Finance& Procurement SergioV2a-cctexas.com (361) 826-3227 Purchase of Training Ammunition for the Corpus Christi Police Department CAPTION: Motion authorizing the purchase of training ammunition from GT Distributors, of Pflugerville, Texas, through the BuyBoard Cooperative, to be used for firearms training for all sworn officers and police cadets for the Corpus Christi Police Department in the amount of$130,277.66, with FY 2025 funding in the amount of $80,277.66 from the Crime Control and Prevention District Fund and $50,000.00 from the General Fund. SUMMARY: This motion authorizes the purchase of training ammunition for the City of Corpus Christi Police Department (CCPD). This purchase will supply ammunition for the essential training of CCPD's sworn officers and police cadets so that they can meet annual firearm qualification standards training. BACKGROUND AND PURPOSE: Each year, CCPD purchases ammunition to be used for firearms training and qualifications for its sworn officers and police cadets. The purchase of the 9mm caliber training ammunition will be used to train CCPD police cadets during the Police Training Academy as well as for the Annual Qualification Training and In-service Training for all sworn officers. The purchase of the .223 caliber rifle ammunition will be used for CCPD's SWAT Team during regular firearms training. This item is for a one-time annual purchase of training ammunition. In previous years, CCPD had multi-year agreements for ammunition supplies. However, ammunition vendors are currently not offering multi-year agreements because of the volatility of ammunition supplies and pricing due to the supply and manufacturing disruptions previously caused by COVID-19 as well as on-going international conflicts. This one-time annual purchase will allow CCPD to obtain the ammunition that it needs for firearms training and qualifications in bulk and all at once. Furthermore, this one-time purchase is beneficial to CCPD as compared to a supply agreement due to the fact that it will not be subject to possible ammunition shortages from the vendor over the course of an agreement, which has occurred in the past as a result of supply volatility. This one-time annual purchase of ammunition will allow CCPD to continue its firearms training operations as normal. CCPD has previously purchased ammunition from GT Distributors and was satisfied with the quality of ammunition they provided. CCPD recommends the purchase of this ammunition from GT Distributors. PROCUREMENT DETAIL: This procurement is through the Buyboard Cooperative. Contracts awarded through the Buyboard Cooperative have been competitively procured, in compliance with local and state procurement requirements. Procurement conducted cost a cost comparison between GT Distributors' pricing for the 9mm ammunition and the .223 ammunition on the BuyBoard Cooperative and TXSmartBuy Cooperative. Through the BuyBoard Cooperative, GT Distributors provides the City with savings of 11.53% (or $8,063.40) for the 9mm ammunition and savings of 9.17% (or$6,908.91)for the .223 ammunition as compared to the TXSmartBuy Cooperative's pricing. The table below demonstrates the pricing and savings for 9mm and .223 ammunition from GT Distributors through the BuyBoard Cooperative as compared to the TXSmartBuy Cooperative. Unit of BuyBoard TXSmartBuy Variance Variance Ammo Type Qty Measure Pricing Pricing $ % 9mm FMJ 267 Per 1000 $61,861.23 $69,924.63 -$8,063.40 -11.53% .223 FMJ 137 Per 1000 $68,416.43 $75,325.34 -$6,908.91 -9.17% This item is for a one-time annual purchase of training ammunition. In previous years, CCPD had multi-year agreements for ammunition supplies. However, ammunition vendors are currently not offering multi-year agreements because of the volatility of ammunition supplies and pricing due to the supply and manufacturing disruptions previously caused by COVID-19 as well as on-going international conflicts. This one-time annual purchase will allow CCPD to obtain the ammunition that it needs for firearms training and qualifications in bulk and all at once. Furthermore, this one-time purchase is beneficial to CCPD as compared to a supply agreement due to the fact that it will not be subject to possible ammunition shortages from the vendor over the course of an agreement, which has occurred in the past as a result of supply volatility. This one-time annual purchase of ammunition will allow CCPD to continue its firearms training operations as normal. CCPD has previously purchased ammunition from GT Distributors and was satisfied with the quality of ammunition they provided. CCPD recommends the purchase of this ammunition from GT Distributors. ALTERNATIVES: The alternative is not to approve the purchase of the ammunition. However, if this purchase is not made, there will be insufficient ammunition for SWAT training, police cadet qualifications, or sworn officer's annual qualifications. This will prevent police officers and police cadets from maintaining their firearms certifications and will also result in a shortage of essential firearms training. FISCAL IMPACT: The fiscal impact in FY 2025 is in the amount of$50,000.00 from the General Fund and $80,277.66 from the Crime Control and Prevention District Fund. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11790 Police Training Mission Element: 029 Police Department Project # (CIP Only): N/A Account: 520090 Amount: $50,000.00 Fund: 9010 Organization/Activity: 11711 Crime Control and Prevention District Mission Element: 029 Police Department Project # (CIP Only): N/A Account: 520090 Amount: $80,277.66 RECOMMENDATION: Staff recommends approval of this purchase of training ammunition from GT Distributors, of Pflugerville, Texas, through the BuyBoard Cooperative, for the Corpus Christi Police Department, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Price Sheet Finance & Procurement 9mm& .223 Calib.Ammo Sr. Buyer: Marco Lozano GT Distributors - Pflugervill, Texas BuyBoard Cooperative #698-23 ITEM DESCRIPTION QTY UNIT EXTENDED TOTAL 1 Federal Cartridge 9MM 115 Gr FMJ Box Per 1,000 267 $231.690 $61,861.23 2 Federal Cartridge .223 Rem 55 Gr Fmj Box Per 1,000 137 $499.390 $68,416.43 TOTAL PURCHASE PRICEI $130,277.66 se o° a o� A F U NCOgpOPPT E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WesleyN(a-)cctexas.com (361) 826-3111 Sergio Villasana, Director, Finance & Procurement SergioV2�cctexas.com (361) 826-3227 Purchase of Flygt Pump and Motor Repair for Corpus Christi Water CAPTION: Resolution authorizing a one-year service agreement, with two one-year options, with Xylem Water Solutions USA, Inc., of Carrollton, Texas, with an office in Corpus Christi, in an amount not to exceed $775,000.00, with a potential up to $2,325,000.00 if options are exercised, for the purchase of Flygt pumps, motors, and repairs for Corpus Christi Water, with FY 2025 funding of$193,750.00 from the Wastewater Fund. SUMMARY: This resolution authorizes a one-year agreement, with two one-year options, for Flygt pump and motor purchases and repairs for CCW. BACKGROUND AND FINDINGS: Flygt, a distinguished brand under Xylem, plays a critical role in the city's wastewater infrastructure, supplying approximately 90% of the pumps utilized at CCW lift stations and wastewater treatment facilities. Over the years, Flygt has become the standard for pumping equipment across the city, recognized for its reliability, efficiency, and seamless integration within existing systems. The procurement of new equipment, spare parts, materials, and services is essential to maintaining optimal operational performance and ensuring continuous compliance with Texas Commission on Environmental Quality (TCEQ) regulations. Given the critical nature of wastewater management, the availability of high-quality and precisely engineered pumping solutions is paramount to sustaining functionality and preventing system disruptions. Flygt pump and motor units are uniquely designed with proprietary specifications that necessitate exact compatibility for optimal performance. Unlike alternative pump manufacturers, whose equipment would require extensive modifications including a complete piping system redesign, Flygt's units are engineered for seamless replacement, minimizing unnecessary expenditures and logistical challenges associated with infrastructure alterations. Xylem Water Solutions serves as the exclusive distributor of Flygt submersible pumps, mixers, and spare parts, ensuring direct accessibility to components that integrate effortlessly with existing Flygt equipment. Additionally, Xylem is the sole authorized Flygt vendor providing warranty service in South Texas, offering specialized expertise and manufacturer-backed maintenance solutions. To uphold product longevity and operational integrity, Flygt pumps are warrantied and serviced at their dedicated facility in Corpus Christi, where expert technicians ensure rigorous adherence to quality standards. PROCUREMENT DETAIL: This is a sole-source procurement with Xylem Water Solutions USA, Inc. under the Local Government Code, Section 252.022(a)(2), (a)(7)(A), (a)(7)(D) as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacement parts or components for equipment. The table below is a price comparison from 2021 for labor cost, parts and materials, and shipping allowance, and from 2025. Description 2021 2025 Variance Percentage of Increase Shop Mechanic (per hour rate $135.00 $145.00 $10.00 7% Parts/Material $325,000.00 $600,00.00 $275,000.00 46% Shipping Allowance $15,000.00 $25,000.00 $10,000.00 40% ALTERNATIVES: The alternative is to not enter into an agreement, requiring separate procurements on an as- needed basis. This would increase the time delay due to the procurement process. As a result, longer lead times for needed services could impact the performance levels required by TCEQ regulations. FISCAL IMPACT: The fiscal impact for FY 2025 for CCW is $193,750.00 from the Wastewater Fund. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.58 Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.58 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.58 Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.58 Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.58 Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.58 Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operation & Maintenance Department: 46 Wastewater Project # (CIP Only): N/A Account: 530215 Maintenance and Repairs-contracted Amount: $27,678.52 RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Resolution authorizing a one-year service agreement, with two one- year options, with Xylem Water Solutions USA, Inc., of Carrollton, Texas, with an office in Corpus Christi, in an amount not to exceed $775,000.00, with a potential up to $2,325,000.00 if options are exercised, for the purchase of Flygt pumps, motors, and repairs for Corpus Christi Water, with FY 2025 funding of $193,750.00 from the Wastewater Fund. WHEREAS, Flygt pumps, motors, and repairs to the same, are necessary at the wastewater lift stations, wastewater treatment plants, and storm water pump stations for Corpus Christi Water, such equipment and services being critical to sustaining the Wastewater and Storm Water Divisions' operational reliability for service; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, the City Council finds that there are three statutory exemptions for this procurement in Local Government Code, Sections 252.022(a)(2), (a)(7)(A), and (a)(7)(D), as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute a one-year service agreement, with two one-year options, with Xylem Water Solutions USA, Inc., in an amount not to exceed $775,000.00, with FY 2025 funding of $193,750.00 from the Wastewater Fund. PASSED AND APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ,¢gus c� G° SERVICE AGREEMENT NO. 6533 U Flygt Pump and Motor Repairs NOflPORRE xs�`r THIS Flygt Pump and Motor Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Xylem Water Solutions USA, Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Flygt Pump and Motor Repairs in response to Request for Bid/Proposal No. SS-6533 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, 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 Flygt Pump and Motor Repairs ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 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 $775,000.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, Service Agreement Standard Form-Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 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: Amanda Howard - Contract Funds Administrator Corpus Christi Water Phone: 361-826-1894 Email: AmandacCcctexas.com S. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. Service Agreement Standard Form-Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services 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 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service 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 30t" 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 Service Agreement Standard Form-Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 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 Services 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 performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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 - Contract Funds Administrator Corpus Christi Water 2726 Holly Road, Corpus Christi, Texas 78415 Phone: 361-826-1894 Fax: 361-826-4495 IF TO CONTRACTOR: Xylem Water Solutions USA, Inc Attn: Frank Pardo Sales Engineer- Flygt Products 2029 North Lexington Blvd, Corpus Christi, Texas 78409 Phone: 361-879-0031 Fax: 361-225-2965 Service Agreement Standard Form-Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 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 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. Service Agreement Standard Form-Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 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. 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 I 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. Service Agreement Standard Form-Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form-Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Frank Pardo(May 8,2025 17:07 CDT) Printed Name: Frank Pardo Title: Sales Rep Date: 05/08/2025 CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. SS-6533 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A: Scope of Work A. General Requirements/Background Information The Contractor shall provide pump and motor repairs and sales for all Flygt brand pumps/motors at the City's Wastewater Lift Stations and Wastewater Treatment Plants. B. Scope of work 1 . Repairs a. The City's pump inventory, outlined in Section 4.3, consists of approximately 270 Flygt pump/motor units, with HP range and distribution as follows: HP Range Percentage 2.2 - 25 69% 26- 50 24% 75- 500 7% b. The Contractor's work performance for pump and motor repair shall include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal and submersible pumps and motors from 2 - 500 HP rating. c. Typical repairs may include, but are not limited to: shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o-rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re-oil and/or grease, testing. d. The City staff shall deliver the equipment for repair and pick it up when the repair is complete. e. The Contractor shall provide a repair estimate/quote for each repair, including any noted problems, special conditions, inspection results, and conclusion/recommendations, within 5-15 business days after receipt of the equipment. f. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1 ) Estimated repair time, including delay time for parts/materials. If the repair time is expected to exceed 20 business days, the Contractor shall define the completion time and outline the reason for delay. 2) Shipping costs for parts/materials. 3) Costs to expedite parts/materials, if requested and approved by a City Representative. 4) List of parts/components to be replaced. 5) Parts/materials mark-up. 6) Hourly labor costs, to include regular time and overtime (if approved). 7) Equipment, replacement cost and lead time for new equipment. 1 g. Repairs must be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to the Contractor via email or phone. The Contractor shall notify the City if repairs will exceed 20 business days. h. All parts must be equivalent to or better than original equipment manufacturer (OEM) standards. Parts must be included in the Contractor's or manufacturer's warranty period. Parts under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. i. The Contractor shall reasonably attempt to obtain parts at the lowest possible price. j. All repairs must be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards, and/or OEM specifications. k. General machine work and/or repair must consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of pump/motor. I. After repairs, the pump and/or motor unit must be repainted according to the manufacturer's recommendation and specifications in a color approved by the City's Contract Administrator. m. A City Work Coordinator, Utilities Systems Manager, or Project Manager will email or phone the Contractor with work authorization. n. Overtime hours must be authorized in writing by a City Work Coordinator, or designee. 2. Preventative Maintenance and Inspection a. Using a prioritized list provided by the City, the Contractor shall provide on-site preventative maintenance and evaluation services of pumps, valves, piping, electrical service, and control equipment using the manufacturer's PM Service Checklist. b. The City shall remove the pump from service and return it to service if the evaluation results allow it. c. Should the evaluation reveal a deficiency requiring further repair, the Contractor and the City shall follow the procedures described in Section A. - Repairs. d. The evaluation results must be returned to the City within three business days. e. The Contractor is responsible for wear items, seals, O-rings, fluids, and any other parts that must be replaced during the inspection process. 3. Sales / Purchase a. After a cost analysis of the repair estimate/quote and the replacement cost, the City may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include: model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, voltage, and City Asset Number. 2 4. Other Requirements a. The City may inspect the Contractor's facilities at any time. When deemed appropriate, the City reserves the right to use third-party inspection services at the City's expense. b. The City reserves the right to inspect the pump and/or motor during the repair. c. The Contractor shall be able to provide technical support and on-site training as the City may require. d. The City reserves the right to audit the Contractor's project costs at any time during the contract term. e. The City's equipment in the Contractor's possession must always be appropriately stored and secured. f. The Contractor's personnel shall do the applicable loading/unloading of equipment. C. Work Site Locations Lift Station Name Address # of Pumps HP Airline 3302 Airline 2 20 Airport International Airport 2 47 Anchor Harbor 8102 S.P.I.D. 2 10 Arcadia 2221 S. Staples St. 5 20(2),47(3) Bay Drive 7845 Bay Drive 3 10 Buckingham 7101 S. Staples 2 20 Charlie's Place 5505 McBride Ln. 2 2.4 Cimarron 7401 Cimarron 2 20 Clarkwood North 2001 Clarkwood Road 2 47 Clarkwood South 1025 Clarkwood Road 2 20 Coastal Meadows 6868 Old Brownsville Rd. 2 10 Cole Park 1500 Ocean Drive 2 5 Coopers Alley "L" Head 200 S. Shoreline Blvd. 2 3 & 5 Coquina Bay 13921 Sea Pines Blvd. 2 5 Cumana 15600 Cumana Street 2 5 Cynthia 5210 Cynthia St. 2 3 De Dietrich 150 McKenzie Road 2 10 Flour Bluff 2326 Flour Bluff Dr. 2 20 Gateway Park 1 143 Laguna Shores 2 2.6 Greenfields by the Bay 7310 Canadian Dr. 3 30 Gypsy 15601 Gypsy Street 2 10 Highway Nine 6724 Leopard Street 2 20 Highway 77 3386 County Road 52 2 3 3 Lift Station Name Address # of Pumps HP Jackfish 14124 Jackfish Street 2 20 Jamaica 2902 Jamaica 3 30 JFK Causeway II 13317 S.P.I.D. 2 5 Kennedy Causeway 13301 S.P.I.D. 2 5 Kings Crossing 8401 Cimarron 2 10 Kostoryz 6261 Kostoryz Rd. 3 35 Laguna Shores 2902 Laguna Shores Rd. 4 47 Lake Padre South 14501 Whitecap Blvd. 2 20 Lakes Northwest 3614 Perfection Lake 2 20 Lawrence 400 S Shoreline Blvd. 2 5 Leeward 14865 Running Light Dr. 2 20 Levi County Jail 745 N.P.I.D. 2 7.5 Lexington 5233 Lear St. 2 10 London 1293 Thames Chase Dr 2 20 Morgan 1401 Morgan Ave. 3 25 North Beach "B" 3002 Timon Blvd. 3 30 North Beach "C" 3818 Surfside 3 10 North Beach "D" 4320 Timon Blvd. 2 10 North Beach "E" 702 Enchanted Harbor 2 5 Northwest Crossing 1921 Oregon Trail 3 30 Nueces Acres 1 1501 Haven Dr. 2 10 Nueces Bay 2100 Nueces Bay Blvd. 2 3 Oleander 2900 Ocean Drive 1 3 Oso Creek 2302 CR 43 2 7.5 Packery Pointe 14006 S.P.I.D. 2 3 Park Rd 22 14901 S.P.I.D. 3 34 Padre Island Section 4 14201 Whitecap Blvd. 2 10 Park Road 53 1 1 125 Park Road 53 2 2.2 Pelican Bay 1418 Ennis Joslin 2 5 Peoples St Peoples St. T Head 2 5 Perry Place 7442 Lexington 1 10 Port/Pearse Port/Pearse 6 25(2),75(4) Purdue 630 Purdue 2 7.5 Ramos 4810 Ramos 2 3 Resaca 945 Resaca St. 6 215 Rex 4046 Whitely 2 5 Rhetta Place 2442 Vialoux 2 5 Rincon North "A" Rincon Ind. West of H.W. 181 2 5 Rincon North "B" Rincon Ind. West of H.W. 181 2 5 River Canyon 13842 River Ridge Dr. 2 20 Riviera 138 Riviera 2 18 Rose Acres 2946 FM 763 2 7.5 Sacky 3200 Sacky Street 3 25 4 Lift Station Name Address # of Pumps HP Salinas Park 1354 Airport Rd. 2 11 Sea Pines 14192 Sea Pines Blvd. 2 7.5 Seahorse 14300 Dorsel Street 2 5 Sharpsburg 4412 Sharpsburg Rd. 3 44 Slough 7924 Slough Road 2 7.5 Solar Estates 9201 Moonlight St. 2 5 Starry 7701 Starry Lane 2 47 Station 5 6528 S. Staples 3 45 Stillwell 8150 Stillwell Ln. 1 20 Studebaker 499 Kinney Ave. 2 20 Sugar Tree 8050 S.P.I.D. 2 20 Swordfish 14500 Swordfish Street 2 5 TAMU-CC 6300 Ocean Dr. 2 9.4 Tesoro 13618 Port Royal Ct. 2 5 The Lakes 7335 Everhart Road 3 20 Trojan 1901 Trojan Avenue 2 2.5 Turtle Cove 9547 Blue Jay St. 2 20 Verdemar 14501 Verdemar Street 2 7.5 Waldron 610 Blossum 3 35 Wal-Mart 9441 S.P.I.D. 2 7.5 Webers Glen 4051 Aaron 2 20 West Point Crossing 5605 Old Brownsville Rd. 2 5 West Point Crossing II 518 West Point Crossing 2 60 Williams 6602 Williams Dr. 5 500(4),250(l ) Wood River 4601 Spring Creek Dr. 3 88 Wooldridge 6610 Wooldridge Rd 4 250(3),90(l ) Wooldridge II 8001 Wooldridge Rd. 2 10 Zahn 125 Zahn Rd. 2 23 WWTP Name Address # of Pumps HP (Range) Allison WWTP 4104 Allison Dr. 12 5 - 25 Greenwood WWTP 6541 Greenwood Dr. 9 5 - 25 Laguna Madre WWTP 201 Jester 6 5 - 25 Oso WWTP 601 Nile 21 5 - 25 Whitecap 13409 Whitecap Blvd. 2 5 - 25 Broadway 1402 W. Broadway 4 5 - 25 D. Special Instructions The Contractor's invoice for payment must contain the following information: 1 . Purchase Order (PO) No. or Service Agreement No. 2. Location and Address 5 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (for verification of mark-up %) 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing City representative E. Contractor Quality Control and Superintendence 1 . The Contractor shall ensure that the product and services meet quality standards and are acceptable to the City's Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall also provide supervision of the work to ensure it complies with the contract requirements. 2. The Contractor shall quality inspect pump and motor repairs prior to return to the City. 6 CITY OF CORPUS CHRISTI BID FORM Invitation to quote, FOB Destination, Freight Included, on the following: Item # Description Unit 1 Q ar Unit Price Total Price Parts / Materials Estimated 1 Parts/Materials EA $600,000 $600,000 2 Shipping Allowance for EA $25,000 $25,000 Parts/Materials 3 Environmental Fee Allowance EA $5,000 $5,000 Labor 4 Shop Mechanic (ST) 1000 $145 $145,000 M-F 8:00-5:00 HR TOTAL $775,000 COMPANY: Xylem Water Solutions USA, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Frank Pardo ADDRESS: 2029 N Lexington Blvd CITY / STATE: Corpus Christi, TX PHONE: 361-879-0031 EMAIL: frank.pardo@xylem.com FAX: 361-225-296 DATE: 5/1/25 SIGNAT TITLE: Sales Re THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL BIDS. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE BIDS RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. 7 Attachment C- Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 MOTOR TRUCK CARGO (or) $500,000 Combined Single Limit TRIP TRANSIT (if applicable) BAILEE'S CUSTOMER GOODS $500,000 Per Occurrence RIGGERS' LIABILITY $1,000,000 Per Occurrence if applicable) C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this 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 under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Ins. Req. Exhibit Contracts for General Services— Services Performed Onsite—Bailee's—Rigger's Liability 07/06/2022 Risk Management—Legal Dept. FLY(�rT a xylem brand WARRANTY Xylem Water Solutions USA, Inc. For the period defined, Xylem Water Solutions USA, Inc. offers a commercial warranty to the original End Purchaser against defects in workmanship and material on Flygt Products. Warranty covers Flygt parts and labor as outlined in ADDENDUM—A. COVERAGE: Xylem Water Solutions USA, Inc. will pay the cost of parts and labor during the warranty period, provided that the Flygt product, with cable attached, is returned prepaid to a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt Product repairs. Coverage for Flygt parts and labor will be provided for the period shown in ADDENDUM - A. The warranty period will begin from date of shipment or date of a valid Start-up (For permanently installed pumps only). In cases where the Start-up date is used as the beginning of the warranty on a permanently installed Flygt pump, a Start-up Report completed by an approved service technician from a Xylem Water Solutions USA, Inc. Authorized Service Facility for Flygt products must be received by the Xylem Water Solutions USA, Inc. Area Service Manager for Flygt Products within thirty (30) days of the initial onset of the unit placed into service. If not received, the beginning of the warranty coverage will default to the Flygt product ship date. A Start-up for a permanently installed Flygt pump must occur within one (1) year from the date of shipment from a Xylem Water Solutions USA, Inc. authorized facility for Flygt Products or warranty will automatically default to ship date as start of warranty. (See STORAGE section) When using the start-up date as the beginning of the warranty, a copy of the Start-up Report will be required to support any Warranty Claims. Warranty on Flygt Dewatering pumps will begin with ship date only. No other date on Flygt Dewatering pumps will be considered. Xylem Water Solutions USA, Inc.'s sole obligation under this Warranty for Flygt Products shall be to replace, repair or grant credit for Flygt Products upon Xylem Water Solutions USA, Inc.'s exclusive determination that the Flygt Product does not conform to the above warranty. In the event that the Flygt product is replaced, warranty on the replacement product will be equal to the balance remaining on the original product or ninety (90) days, which ever is greater. MISUSE: This Warranty shall not apply to any Flygt product or part of Flygt product which (i) has been subjected to misuse, misapplication, accident, alteration, neglect, or physical damage (ii) has been installed, operated, used and/or maintained in a manner which is in an application that is contrary to Xylem Water Solutions USA, Inc.'s printed instructions as it pertains to installation, operation and maintenance of Flygt Products, including but without limitation to (iii) operation of equipment without being connected to monitoring devices supplied with specific products for protection; or (iv) damaged due to a defective power supply, improper electrical protection, faulty installation or repair, ordinary wear and tear, corrosion or chemical attack, an act of God, an act of war or by an act of terrorism; or (v) has been damaged resulting from the use of accessory equipment not sold by Xylem Water Solutions USA, Inc. or not approved by Xylem Water Solutions USA, Inc. in connection with Flygt products. WEAR PARTS: This warranty does not cover costs for standard and/or scheduled maintenance performed, nor does it cover Flygt parts that, by virtue of their operation, require replacement through normal wear (aka: Wear Parts), unless a defect in material or workmanship can be determined by Xylem Water Solutions USA, Inc.. Wear Parts are defined as Cutters, Cutting Plates, Impellers, Agitators, Diffusers, Wear Rings (Stationary or Rotating), Volutes (when used in an abrasive environment), oil, grease, cooling fluids and/or any items deemed necessary to perform and meet the requirements of normal maintenance on all Flygt equipment. xylem Lets Solve Water Ver. 12-120312 FLY(�rT a xylem brand WARRANTY Xylem Water Solutions USA, Inc. DISCLAIMERS: (i) Xylem Water Solutions USA, Inc.'s warranties are null and void when Flygt Products are exported outside of the United States of America without the knowledge and written consent of Xylem Water Solutions USA, Inc.; (ii) Xylem Water Solutions USA, Inc. makes no independent warranty or representation with respect to parts or products manufactured by others and provided by Xylem Water Solutions USA, Inc. (however, Xylem Water Solutions USA, Inc. will extend to the Purchaser any warranty received from Xylem Water Solutions USA, Inc.'s supplier for such parts or products). LIMITATIONS: XYLEM WATER SOLUTIONS USA, INC. NEITHER ASSUMES, NOR AUTHORIZES ANY PERSON OR COMPANY TO ASSUME FOR XYLEM WATER SOLUTIONS USA, INC., ANY OTHER OBLIGATION IN CONNECTION WITH THE SALE OF ITS FLYGT EQUIPMENT. ANY ENLARGEMENT OR MODIFICATION OF THIS WARRANTY BY A FLYGT PRODUCT DISTRIBUTOR, OR OTHER SELLING AGENT SHALL BECOME THE EXCLUSIVE RESPONSIBILITY OF SUCH ENTITY. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO FLYGT PRODUCT(S), INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. PURCHASER'S EXCLUSIVE REMEDY AND XYLEM WATER SOLUTIONS USA, INC.'S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES IS LIMITED TO REPAIRING OR REPLACING FLYGT PRODUCTS AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER HEREUNDER. IN NO EVENT IS XYLEM WATER SOLUTIONS USA, INC. LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION. XYLEM WATER SOLUTIONS USA, INC. WILL NOT BE HELD RESPONSIBLE FOR TRAVEL EXPENSES, RENTED EQUIPMENT, OUTSIDE CONTRACTOR'S FEES, OR ANY EXPENSES ASSOCIATED WITH A FLYGT PRODUCT REPAIR SHOP NOT AUTHORIZED BY XYLEM WATER SOLUTIONS USA, INC. U.S.A., INC. REIMBURSEMENT COSTS FOR CRANES AND/OR ANY SPECIAL EQUIPMENT USED IN CONJUNCTION FOR THE REMOVAL AND/OR REINSTALLATION OF ANY FLYGT EQUIPMENT IS NOT COVERED UNDER THIS WARRANTY. ANY UNAUTHORIZED ALTERATIONS TO SUPPLIED FLYGT EQUIPMENT USED WITHOUT XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLE OR CONTROLS WILL NOT BE COVERED UNDER THIS WARRANTY, UNLESS IT CAN BE PROVEN SUCH ANCILLARY EQUIPMENT IS SUITABLE FOR THE PURPOSE AND EQUAL TO XYLEM WATER SOLUTIONS USA, INC. SUPPLIED FLYGT BRAND CABLES OR CONTROLS THAT WOULD ORIGINALLY HAVE BEEN SUPPLIED WITH THE TYPE OF EQUIPMENT IN USE. REQUIREMENTS: A copy of Electrical System Schematics of the Control used (including a Control's Bill of Material) could be required to support a Warranty Claim when a non Flygt Brand Control is used. In addition, a written record, hereby known as "the log", will be associated with each unit serial number and must be maintained by the organization having product maintenance responsibility. The log must record each preventative maintenance activity and any repair activity during the life of the warranty or verification that a Xylem Water Solutions USA, Inc. authorized Service Contract for Flygt Products is in force and must be available for review and/or auditing. Failure to meet these conditions could render this warrant null and void. Such logs could be required to determine warranty coverage. xylem Lets Solve Water Ver. 12-120312 FLY(�rT a xylem brand WARRANTY Xylem Water Solutions USA, Inc. STORAGE: Should a delay occur between ship date and the date of start-up, maintenance as outlined in Xylem Water Solutions USA, Inc.'s Care & Maintenance Manual for Flygt Products must be performed by the "CONTRACTOR"and/or"OWNER" during any such period of storage. Documentation providing proof and outlining what maintenance was performed must be provided to Xylem Water Solutions USA, Inc. or its Flygt Products representative within thirty (30) days of said maintenance, or the Xylem Water Solutions USA, Inc. warranty for Flygt Products could be considered void. CONTROLS: Warranty coverage for permanently installed controls will start for the end purchaser on the date of shipment. This warranty does not apply to controls that have been damaged due to a defective and/or improper input power supply, improper electrical protection, accidental damage, improper or unauthorized installation and/or repair, unauthorized alteration, negligence, environmental corrosion or chemical attack, improper maintenance or storage of control, any act of God, an act of war, an act of terrorism or damage resulting from the use of accessory equipment not approved by Xylem Water Solutions USA, Inc.. Further, this warranty does not apply in the event an adjustment is found to correct the alleged defect. Solid state devices will be covered for a period of one (1) year except in the Flygt Standard Control Panel (FSCP) where the solid state devices will be covered for the full warranty period of the control panel. Electrical control panels containing controllers, PLC's, drives, soft starts, and other computerized equipment will require Transient Voltage Surge Suppression (TVSS) protection in order to satisfy the requirements of this warranty. The protection equipment associated with the control must be kept in working condition during the life of the warranty. Auxiliary equipment supplied with the control (air-conditioners etc.) is limited by the respective original equipment manufacturer's warranty offered. Consumable items such as: light bulbs, fuses, and relays are covered under normal operating conditions. Electrical surges experienced during startups and/or during normal operating use of the control panel will cause the consumable items not to be covered under this warranty policy. Components not supplied by Xylem Water Solutions USA, Inc. will not covered by this warranty. TOP (The Optimum Pump Station) Xylem Water Solutions USA, Inc. will warrant the Flygt TOP pre-engineered fiberglass pump station components against defects in material and workmanship for a period of one (1) year from date of start-up or eighteen (18) months from date of shipment and is valid only to the original owner of the station. Warranty shall cover the cost of labor and materials required to correct any warrantable defect, excluding any removal and reinstallation costs, FOB Xylem Water Solutions USA, Inc.'s authorized warranty service location for Flygt's TOP. Flygt Products contained within a TOP pre-engineered fiberglass pump station will carry the standard Xylem Water Solutions USA, Inc. warranty for Flygt products and/or accessories installed in the TOP pre-engineered fiberglass pump station. All Flygt Product restrictions and/or limitations as outlined and described within the context of this warranty are germane to all sections of this Xylem Water Solutions USA, Inc. Warranty document. Xylem Water Solutions USA, Inc. National Quality Assurance-US Corporate xylem Lets Solve Water Ver. 12-120312 LO CD 0 E & k } \� a) = . \ f m / k § ® 0 m } _ ƒ 2 \ c w 2 m ƒ \ y y ƒ s y % y ) \ CL / ® / \ \ 2 � % % e/JJ e/Je/oa/c ƒ 0 � } \/ / \ \j \ \j / /\ 0 % y 3 / / 2 \ 2 z / j 0 / § Z � ] , � .0 \ « / 0 _ \ ) & \\ E - \ = / 7 E / 2 / a y/ @ - _ § z \ ]_ £ s } / / / § f e® = ƒ 2 5 o 3 ; £) £ Q y _ : ) ¥ z 2 , y f 2 cc $ I L 2 e 2 m ƒ/ ) /\ //0 /// + &$ - ± & _ > ] �� 2 sE= 2 § } ££ m66m ƒ\ = s Re� 7 = Igoe? * _ > / m m i § ��§ ��, 5 G3 ® ° g L) 7// \ ] ° \)® ))® \ ] ) CD / � a) a) ` § ) ! 29 § 2 {222ocacca k 2E E 2 ® / § a mr, U) 2 \j\ \\\ ± I \ 3/ = k ( \ § R m a / \ LL § IL k/ x m _ .g & 0 / 2 } 5 \ 0- (-) � 2 f \ 2 } < / E a C f Q k } } A # \ kLn \ \$ / U ~ _ H ■ 2 \ \ - / J 3) 3 ( E)\ ƒ \ s \ L ~ \2 } \ �i? / 2 $ ) � 2 E . § ; F £/ - - o / E _ E - - m � m - % ) m / § \ / [ \ j / J / 2/ \ } ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at httos://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.odf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical orotherdata, records orother information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. se o° a o� A F U NCOgpOPPT E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure Wesleyn(a-_)cctexas.com (361) 826-3111 Sergio Villasana, Director, Finance & Procurement SergioV2�cctexas.com (361) 826-3227 Preventative Maintenance and Repair Services for Ultraviolet Disinfection System at Broadway Wastewater Treatment Plant CAPTION: Resolution authorizing a four-year service agreement with Xylem Water Solutions USA, Inc., of Charlotte, North Carolina, with a service technician in Corpus Christi, in an amount not to exceed $734,475.60, for preventative maintenance and repair services to the ultraviolet disinfection system at the Broadway Wastewater Treatment Plant for Corpus Christi Water, with FY 2025 funding of $46,000.00 from the Wastewater Fund. SUMMARY: This resolution authorizes a four-year service agreement for preventative maintenance (PM) and repairs of the Ultraviolet (UV) Disinfection System at the Broadway Wastewater Treatment Plant (WWTP). This service is necessary to ensure the system operates as designed, extend the service life, and reduce costs for unplanned work, such as breakdowns. BACKGROUND AND FINDINGS: The Broadway Wastewater Treatment Plant implemented the Ultraviolet (UV) Disinfection System in 2014 to inactivate/destroy disease-causing organisms as part of the wastewater treatment process. UV disinfection is an effective, chemical free, process but requires precise and consistent operating parameters to be effective. The system consists of three UV channels with two banks of lights, with a total of 972 UV lamps. The plant operates this system 24/7 to remain compliant with the Texas Commission on Environmental Quality (TCEQ) permit requirements. This agreement will provide spare parts, preventative maintenance and repair services, and technical support, by phone, with factory-trained UV service technicians as needed. The services in this Agreement require qualified trained factory technicians to perform highly specialized maintenance and troubleshooting beyond the capacity of plant operators. Preventative maintenance is critical to ensure the system is operating at its optimal level. It is economical practice to identify and solve the potential minor issues before they develop into major problems resulting in greater cost for repairs and plant permit violations. PROCUREMENT DETAIL: This is a sole source procurement. Xylem Water Solutions USA, Inc. under the Local Government Code, Section 252.022(a)(2), (a)(7)(A), and (a)(7)(D) as this procurement (i) is necessary to preserve or protect the public health or safety of the municipality's residents, (ii) is available from only one source due to patents, copyrights, secret processes, or natural monopolies, and (iii) consists of captive replacements parts or components for equipment. The comparison table below depicts the price increase from the previous agreement. The PM Site Visits have increased each year but the Parts Allowance was also increased by$100,000.00/year. Description 2021-2025 2025-2029 Variance Percentage of Increase PM Site Visits-3 visits peryear $110,046.00 $134,475.60 $24,429.60 18% Parts Allowance $200,000.00 $600,000.00 $400,000.00 67% ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as-needed basis, potentially reducing the economies of scale pricing secured through a long-term contract, increasing the time delay due to the procurement process, which in turn could increase the system downtime and negatively impact operations, potentially resulting in TCEQ violations. FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 2025 is $46,000.00 from the Wastewater Fund. The remaining amount will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Department: 46 Wastewater Account: 530215 Maint & repairs - contracted Amount: $46,000.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing a four-year service agreement with Xylem Water Solutions, USA, Inc. for preventative maintenance and repairs of the UV System at the Broadway Wastewater Treatment Plant for the Utilities Department as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution Price Sheet Resolution authorizing a four-year service agreement with Xylem Water Solutions USA, Inc., of Charlotte, North Carolina, with a service technician in Corpus Christi, in an amount not to exceed $734,475.60, for preventative maintenance and repair services to the ultraviolet disinfection system at the Broadway Wastewater Treatment Plant for Corpus Christi Water, with FY 2025 funding of $46,000.00 from the Wastewater Fund. WHEREAS, these services are necessary to provide and maintain the optimum level of disinfection of effluent water before it is released into the receiving stream, which is critical in sustaining the department's operational reliability for service; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the municipality's residents; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents, copyrights, special processes, or natural monopolies; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(D), as this procurement consists of captive replacement parts or components for equipment available from only one source. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to secure a service agreement with Xylem Water Solutions USA, Inc., in an amount not to exceed $734,475.60, with FY 2025 funding of $46,000.00 from the Wastewater Fund. PASSED AND APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Broadway WWTP UV System Preventative Maintenance Sole Source Xylem Water Solutions USA, Inc. Charlotte, NC Item Description Qty Unit Unit Price Total Price 1 Year One-PM Site Visits 3 EA $10,400.00 $31 ,200.00 2 Year Two-PM Site Visits 3 EA $10,920.00 $32,760.00 3 Year Three-PM Site Visits 3 EA $11 ,466.00 $34,398.00 4 Year Four-PM Site Visits 3 EA $12,039.20 $36,117.60 5 Parts Allowance 4 YR $150,000.00 $600,000.00 Total $734,475.60 SC O SERVICE AGREEMENT NO. 6577 v Broadway WWTP UV System Preventative Maintenance N�OftpoA iEO 1852 THIS Broadway WWTP UV System Preventative Maintenance Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Xylem Water Solutions USA, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Broadway WWTP UV System Preventative Maintenance in response to Request for Bid/Proposal No. SS-6577 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, 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 Broadway WWTP UV System Preventative Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is four years 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 zero additional zero-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. Service Agreement Standard Form-Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $734,475.60, subject to approved extensions and changes. Payment will be made for Services provided 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: Diana Zertuche-Garza, Contract Funds Administrator Corpus Christi Water Phone: 361-826-1827 Email: dianagCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form-Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services 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 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service 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. Service Agreement Standard Form-Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 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 Services 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 performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Diana Zertuche-Garza, Contract Funds Administrator Corpus Christ Water 2726 Holly Road, Corpus Christi, Texas 78415 Phone: 361-826-1827 Fax: 361-826-4495 IF TO CONTRACTOR: Xylem Water Solutions USA, Inc. Attn: J. Stewart Nix Vice President 4828 Parkway Plaza Blvd., Suite 200, Charlotte, NC 28217 Phone: 704-409-9700 Service Agreement Standard Form-Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: N/a 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 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. Service Agreement Standard Form-Consent Decree Page 5 of 8 Approved as to Legal Form October 29, 2021 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. 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. Service Agreement Standard Form-Consent Decree Page 6 of 8 Approved as to Legal Form October 29, 2021 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form-Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR 46t2w Signature. JAITewartNix(May20,202517:43EDT) Printed Name. J. Stewart Nix Title. Vice President Date: 05/20/2025 CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. SS-6577 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form-Consent Decree Page 8 of 8 Approved as to Legal Form October 29, 2021 ATTACHMENT A- SCOPE OF WORK A. General Requirements The Contractor shall provide its TotalCare Preventative Maintenance Services for the Broadway Wastewater Treatment Plant's Wedeco UV system, which is required to perform 24/7. B. Scope of Work 1 . The Wedeco Total Care Preventative Maintenance Program is outlined in the table below. It also includes unlimited phone support, additional on-site training, and priority in service scheduling. 2. This agreement includes three site visits per year at four eight-hour days per visit, for a total of 12 full-day on-site visits per year. Total Care Activities - Open Channel UV Systems Typical Tasks Duron & TAK Systems System Review Pre-visit: • Identify outstanding issues from prior visits as well as new issues. • Recommend parts required for upcoming work. Onsite: • Review system history and alarm log since last visit- identify key tasks to resolve during visit. Control Cabinets • Inspect cabinets for dust and/or corrosion. Clean as necessary. (Cleaning to be performed by site personnel as needed). • Confirm adequate cooling and or airflow through cabinet. • Check for hot spots that could cause temperature faults. • Replace filters as need from spares stock. • Troubleshoot and resolve faulty ballasts. • Replaced failed ballasts from spares stock as needed. • If indicated, measure incoming, voltage, current, neutral, and ground of supplied system power. Identify deficiencies and diagnostic recommendations. • Validate proper operation and set points of HMI, adjust as needed. • Validate proper operation and set points of internal UV system controllers, adjust as needed. • Validate proper function of all signal isolators. Replace from onsite spares as needed. • Validate proper function of all safety circuits. • Perform basic functional test of AC units if present. • Check remote communications if applicable. Page 1 of 3 Cables & • Examine cables, connectors and Harting hardware for proper Junction Boxes function. Replace faulty hardware with onsite spares. Identify and provide recommendations for unusual wear, rust and/or corrosion of components. Replace as needed from onsite spares. Modules, Lamps, • Identify and provide recommendations for unusual wear, rust Reactor, Sleeves and/or corrosion of components. Replace as needed from & Connectors onsite spares. • Check quartz sleeves for excessive surface abrasions, replace as needed from onsite spares. • Check quartz sleeves for excessive water ingress, replace from onsite spares as needed. Identify and resolve any loose connections. Validate cable connector functionality. Replace O-rings, or connector assembly from onsite spares as needed. • Check intensity sensors for proper operation, clean if needed, replace from onsite spares as necessary. • Examine Intensity sensor cleaning brushes. Replace from onsite spares as needed. • Examine a representative sampling of lamps for signs of excessive aging, replace as needed. Identify source of problem if premature. • Troubleshoot failed components and replace from onsite spares as needed. Control Philosophy . Identify chronic alarms - root cause and resolve. • Validate intensity readings. Root cause and resolve UV intensity issues if system related (doesn't include system cleaning). • Validate incoming flow signal. Identify any inconsistencies. • Validate basic PLC function in Manual, Maintenance and Automatic modes Wiper Cleaning • Repairjunction box, pneumatic line, fitting and wiper Systems module leaks utilizing onsite spares as needed. • Change air compressor filtration desiccant from onsite spares as needed. • Purge system of all water and oil. • Identify airline freezing risks. Make resolution recommendations as needed. • Validate all compressor set points. Fine tune as needed. • Validate operation of wiper modules to specification. Replace from onsite spares as needed. • Validate proper operation of wiper module limit switches. Replace from onsite spares as needed. • Confirm operation of automatic drain valve repair or replace from onsite spare as needed Page 2 of 3 Control • Clean and validate level switches. Instrumentation • Clean and validate proper operation of ultrasonic level/flow measurement system. • Clean & calibrate onsite transmittance monitor. Physical and . Validate proper manual and auto operation of all control Mechanical gates. Adjust set points, torque settings and lubricate Components penstocks as necessary. Validate weir elevation in conjunction with level controls. Identify excessive gate and/or weir leakage if indicated by level control issues (if possible). • Check baffle plate for buildup. Recommend cleaning process as needed. Water Quality . Check fouling of quartz sleeves. Provide instruction and recommendations on cleaning if necessary. Remove excessive debris (algae, trash, etc.) from module and cable assemblies • Identify recommendations for excessive channel fouling, debris buildup and other possible sources of sampling contamination. • Compare effluent transmittance against system design requirements. Identify possible sources of discrepancies. Operational . Provide informal operation, maintenance, and/or safety training as requested. • Identify maintenance and/or operation concerns and associated improvement recommendations Identify spares utilized and recommendations for replacement or adjustments to existing levels. Identify approximate future timeline for consumables (lamps, ballasts, sleeves, wiper rings,etc.) replacement. • Identify operational enhancements (power settings, timer adjustments, etc.). • Review Xylem 24/7 contact information. Page 3 of 3 ATTACHMENT B-QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1. Refer to Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, Contractor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other contractor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Frei ht Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL YEAR ONE PM Site Visits; 3 Visits/Yr, each 3 EA $10,400.00 $31 ,200.00 visit is a 4-day site visit YEAR TWO PM Site Visits; 3 Visits/Yr, 3 EA $10,920.00 $32,760.00 each visit is a 4-day site visit YEAR THREE PM Site Visits; 3 Visits/Yr, 3 EA $11 ,466.00 $34,398.00 each visit is a 4-day site visit YEAR FOUR PM Site Visits; 3 Visits/Yr, 3 EA $12,039.20 $36,1 17.60 each visit is a 4-day site visit Parts Allowance- Based on Size of UV S 4 YR $150,000.00 $600,000.00 System and Past Repair Costs Do Not Exceed $734,475.60 COMPANY: Xylem Water Solutions USA, Inc. NAME OF PERSON AUTHORIZED TO SIGN: J. Stewart Nix ADDRESS: 4828 Parkway Plaza Blvd., Suite 200 CITY /STATE/ZIP Charlotte, NC 28217 PHONE: 704-409-9700 EMAIL: stewart.nix@xylem.com FAX: n/a DATE: SIGNATURE: TITLE: THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES, TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 1 of 1 RFQ Revised 4.19.2019 Attachment C: Insurance & Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. 5. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2024 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2024 Risk Management - Legal Dept. No bond is required for this service agreement. Page 3 of 3 Attachment D - Warranty Requirements xylem Let's Solve Wat— TERMS AND CONDITIONS FOR SERVICES—XYLEM AMERICAS (VI-Effective 11.10.2017) 12. Representation and Warranty. (a) For a period of ninety(90)days from the date of invoice, unless otherwise expressly set forth in the quotation or sales form or order acknowledgment, Service Provider represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement ("Warranty"). (b)The Service Provider shall not be liable for a breach of the Warranty set forth in Section 12(a)unless Customer gives written notice of the defective Services, reasonably described, to Service Provider within thirty(30)days of the time when Customer discovers or reasonably should have discovered that the Services were defective. (c) Subject to Section 12(b), Service Provider shall, in its sole discretion, either: (i)repair or re-perform such Services; or(ii)credit or refund the price of such Services at the pro rata contract rate. (d) THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER'S EXCLUSIVE REMEDY AND SERVICE PROVIDER'S AGGREGATE LIABILITY FOR BREACH OF THE FOREGOING WARRANTY IS LIMITED TO REMEDIES SET FORTH IN SECTION 12(c). Page 1 of 1 ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary Page 1 of 2 city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. Page 2 of 2 se °° a w o H V /MOFP00.p�"�18 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services i effreve(u-)cctexas.com (361) 826-3851 Nicholas Winkelmann, P.E., Director of Water Systems and Support Services nickw(o-)cctexas.com (361) 826-1796 Sergio Villasana Jr, CPA CGFO, CIA, Director of Finance sergiov2(u-)cctexas.com (361) 826-3227 Construction Contract Award and Professional Services Contract Amendment ONSWTP Chlorine System Improvements CAPTION: Motion awarding a construction contract to Reytec Construction Resources, Inc., of Houston, Texas, in an amount up to $100,634,000.00 for the Chlorine System Improvements at O.N. Stevens Water Treatment Plant (ONSWTP) and authorize a professional service contract amendment No. 5 to Hazen and Sawyer, of Corpus Christi Texas in an amount of $1,472,769 with a total contract value not to exceed of$5,890,369 with FY 2025 funding available from the Water Capital Budget Fund. SUMMARY: This motion approves a construction contract for replacing the existing chlorine gas system at O.N. Stevens Water Treatment Plant (ONSWTP) with an onsite chlorine generation system. Providing a significant improvement in the reliability of the disinfection of treated water and the overall resiliency of ONSWTP. The on-site chlorine generation (OSG) system will eliminate health and safety risks associated with potential chlorine gas exposure for staff and the surrounding community. The scope of work also includes demolition of the existing chlorine gas system and the associated railcar infrastructure. BACKGROUND AND FINDINGS: The O.N. Stevens Water Treatment Plant (ONSWTP) currently uses a chlorine gas system for disinfection. The chlorine gas system was originally installed in 1981 and includes the 90-ton railcar storage area, gas measurement building, 1-ton container storage area, chlorine dioxide generation system, and eight (8) injection locations. This existing system is to be replaced due to safety concerns to the community, lack of redundancy, criticality of the process to provide safe drinking water, and operational challenges associated with the use of chlorine gas railcars. The purpose of this project is to replace the existing aging chlorine gas system with a new on- site chlorine generation system which greatly improves a critical process in providing safe drinking water to the community served by Corpus Christi Water. The primary scope of work for this project includes the installation of an onsite sodium hypochlorite generating system with a total capacity of at least 18,000 lbs. per day, sodium hypochlorite feed and storage facility, and chlorine dioxide generators. Associated with the installation of new equipment and infrastructure is the demolition and removal of existing chlorine dioxide and rail car infrastructure. The Texas Commission on Environmental Quality approved this project for construction on May 30, 2025 after the review of the complete set of plans and specifications. This approval was based upon the following scope of work. Installation of one onsite sodium hypochlorite generating system with a total capacity of at least 18,000 pounds per day (PPD), with a capacity of 2,000 PPD per unit, consisting of; • Four 72-ton fiberglass reinforced plastic (FRP) brine saturator tanks, with containment for six brine tanks and each tank has a diameter of 12-ft and a height of 20-ft; • Three brine transfer pumps; • Softener systems including two softener regeneration brine tanks, two trains of softeners, three softened water booster pumps; and • Rectifiers, local control panels, standpipes for releasing hydrogen gas, water chillers, inline water heaters, and hydrogen gas dilution blowers. Sodium hypochlorite feed and storage facilities consisting of: • Thirteen 30,000-gallon FRP sodium hypochlorite bulk storage tanks, with a containment for sixteen bulk tanks; • Eight peristaltic metering pumps, four duty and four standby, to inject chlorine solutions at locations prior to sedimentation basins and the clear wells; and • Blowers at bulk storage tank area, dilution pumps, sodium hypochlorite recirculation pumps, injectors. • Two 3-chemicals chlorine dioxide generators; • Two 10,150-gallon polyethylene hydrochloric acid tanks with containment; and • Two 12,000-gallon FRP sodium chlorite tanks with containment. Associated yard piping, fittings, valves, civil/structural/electrical improvements, reduced pressure backflow prevention assemblies, and appurtenances. Removal and demolition of the existing gas chlorine facility consisting of: • Existing chlorine railcar storage area; • Existing chlorine gas measurement building; • Existing chlorine 1-ton container storage area; and • Existing chlorine yard piping. Removal and demolition of the existing chlorine dioxide facility consisted of: • Existing two-chemical chlorine dioxide generators; • Existing sodium chlorite containment area; • Two existing 9,000-gallons HDPE bulk storage tanks; • Existing 800-gallon HDPE day-storage-tank; • Existing two Bredel Model 50 hose pumps; • Existing eyewash and shower station; and • Miscellaneous mechanical and electrical equipment. The project implementation strategy first included the selection of the chlorine generation system equipment provider. This allowed for the preselection of critical equipment. The construction contractor will install the pre-selected equipment while using the start-up and support services of the equipment provider. Finance & Procurement issued a Request for Proposal (RFP) #5580 to furnish an on-site sodium hypochlorite generation system to be used at the O.N. Stevens Water Treatment Plant. The proposal included both an Equipment Supply Agreement and a Maintenance Service Agreement. Proposal submissions were reviewed and scored according to the criteria published in the RFP. The selection committee was comprised of representatives from Corpus Christi Water and Engineering Services with the Design Engineer (Hazen & Sawyer) and Executive Leadership members serving as Technical Advisors. Evaluations were based on three factors: 1) Firms' Experience, 2) Team Experience, and 3) Understanding Project Scope. The City received two proposal submissions but one was disqualified for failure to meet the minimum criteria including the provision to provide a salt supplier within a 200-mile radius of the plant. This requirement is critical to the operation of this equipment due to the demand for salt to operate the system. Staff in addition to the design engineer (Hazen & Sawyer) performed a full evaluation of PSI Water Technologies proposal and has selected PSI Water Technologies as the sodium hypochlorite generation equipment provider. PSI Technologies Inc. has provided similar installations in other areas and in Texas such as Austin. PSI Water Technologies has sold over 600 Microclor® units within the United States and internationally. In the state of Texas, PSI has 35 Microclor® units installed ranging in capacity of 20lbs per day to 6,OOOlbs per day. This includes installations in Austin, TX. The construction phase of the project will be under one contract with a general contractor and include two phases. Phase 1 is the completion of bulk hypochlorite storage and feed equipment, allowing the plant to operate with 0.8 percent sodium hypochlorite (diluted from 12.5 percent) via truck deliveries. Phase 2 is the completion of the OSG building with sodium hypochlorite generators and ancillary equipment. This project is part of the CCW strategic plan to improve operational resiliency for the O.N. Stevens Water Treatment Plant. If this project did not progress, then a new capital project would have to be developed to include design engineering and construction of required chlorine gas infrastructure upgrades. The budgeted construction cost for these upgrades to the existing chlorine gas system are estimated at$42,500,000. Additional costs to this total would be design and professional service fees. The request for qualifications, design award, and design of this project is estimated to take 2 years. Therefore, the construction estimate would likely increase. Completion of this project is critical to the overall strategic plan for reliability and resiliency for the ONSWTP. This strategic plan developed by CCW provides a sequence for O.N. Stevens capital improvement projects that would address capacity constraints, future flows, and replacements/upgrades of infrastructure and equipment. Together these projects when complete will increase the reliable treatment capacity of the O.N. Stevens Water Treatment Plant from 105 MGD to 135 MGD. This strategic plan for O.N. Stevens includes the projects as shown on the table below. Project Status Estimated Project Completion Date Pre-sedimentation Dredging Construction 2028 Raw Water and Chemical Improvement Construction 2027 Projects Filtration System Hydraulic Improvements Construction 2026 Chlorine System Improvements Pending Council 2029 Approval Flocculator and Basin Improvements Design 2027 Solids Handling Design 2029 PROJECT TIMELINE: 2022 - 2024 2025 2025 • March - December January — July August - January Design Bid/Award Construction Project schedule reflects City Council award in July 2025 with anticipated construction completion by January 2029. COMPETITIVE SOLICITATION PROCESS: On February 02, 2025, the Contracts and Procurement Department issued a Request for Bids (RFB #6299) for the Chlorine Storage and Handling Facility Improvements at O.N. Stevens Water Treatment Plant (ONSWTP) project. On May 7, 2025, the City received one bid. The city analyzed the bid according to the contract documents and determined that Reytec Construction Resources, Inc was the lowest responsive and responsible bidder. As the lowest bid received was within the acceptable range of the Engineer's Opinion of Probable Cost, the city has elected to proceed with the project. A summary of the bid is provided below. BID SUMMARY Contractor Base Bid 1 Alternate 1 Base Bid 1 +Alternate 1 Reytec Construction $100,111,505.00 $522,495.00 $100,634,000.00 Engineer's Opinion of Probable $107,260,000.00 (included in OPCC) $107,260,000.00 Construction Cost Base bid 1 is to bid the project as designed. Alternate 1 is for the construction of concrete paving in the area south of the chlorine handling facilities. Reytec Construction has successfully worked on numerous similar construction projects for the City of Corpus Christi. Listed below are the recent projects that have been completed or under construction: • Raw Water Influent and Chemical Facilities Improvements at ONSWTP in an amount of $86,679,500.00 on March 19, 2024.This project is currently under construction and the city has encountered no issues with the contractor. • Nueces River Raw Water Pump Station Transmission Main in an amount of$7,421,500.00 on March 28, 2023. This project is currently under construction and the city has encountered no issues with the contractor. • O.N. Stevens Clearwell No. 3 in an amount of$3,387,006, subcontractor to CSA. This project is currently under construction and the city has encountered no issues with the contractor. Reytec Construction has also completed additional large plant projects for other municipat entities : • Wastewater Treatment Plant Expansion to 1.5MGD; Fort Bend County Municipal District No. 134E; $26,139,000.00 contract price • John Hargrove Environmental Complex; Pearland, TX; $102,151,000.00 contract price • 1.4 MGD WWTP No.2 Expansion & Lift Station; Montgomery County MUD 199; $17,610,000.00 contract price • Central Pump Station; Corpus Christi, TX; $4,488,589.50 contract price • Thirty-five inch Water Line Placement; Houston, TX; $19,770,848.92 contract price ALTERNATIVES: City Council could choose not to award the construction contract to Reytec Construction Resources, Inc. Without this project, the ONSWTP will continue to utilize the chlorine gas system which includes ongoing risks to treatment plant personnel and the surrounding community. Additionally, the existing chlorine gas infrastructure would require improvements. A new capital project would have to be developed to include design engineering and construction. The budgeted construction cost for these upgrades to the existing chlorine gas system are currently estimated at $42,500,000. Additional costs not included in this total would be the design fees and other professional services. The request for qualifications, design award, and design of this project is estimated to take 2 years. Therefore, the construction estimate would likely increase. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY25 is an amount of $52,250,000.00 for the construction contract and $1,472,769 for the professional service contract amendment with funding available from the Water Capital Fund. The remaining funds will be incurred in FY26, FY27 and FY28 in an amount of $48,384,000.00. The short-range Capital Improvement Plan (CIP) construction budget for this project was set at $80,250,000, resulting in a budget shortfall of $20,384,000.00. Budgetary adjustments will be made as part of the annual capital budget process for FY 2026, FY 2027, and FY 2028 to reflect the new contract costs. Year 1 (FY2025): $53,722,769.00 Year 2 (FY2026): $10,000,000.00 Year 3 (FY2027): $21,000,000.00 Year 4 (FY2028): $17,384,000.00 FUNDING DETAIL: Fund: Water 2023 CIP(Fund 4487) Department: Water(45) Organization: Grants & Capital Projects Funds (89) Project: ONSWTP Chlorine System Improvements (Project 21104) Account: Construction (550910) Activity: 21104 Amount: $13,228,528.28 Fund: Water 2023 CIP(Fund 4487) Department: Water(45) Organization: Grants & Capital Projects Funds (89) Project: ONSWTP Chlorine System Improvements (Project 21104) Account: Outside Consultant (550950) Activity: 21104 Amount: $1,472,769.00 Fund: Water 2025 CIP(Fund 4492) Department: Water(45) Organization: Grants & Capital Projects Funds (89) Project: ONSWTP Chlorine System Improvements (Project 21104) Account: Construction (550910) Activity: 21104 Amount: $39,021,471.72 Total: $53,722,769.00 RECOMMENDATION: Staff recommends awarding the construction contract to Reytec Construction Resources, Inc. of Houston, Texas for the ONSWTP Chlorine System Improvements project in the amount of $100,634,000.00 for Total Base Bid plus selected Alternate 1 and for the professional services design amendment in the amount of $1,472,769. The construction duration is planned for 42 months from issuance of the Notice to Proceed to begin construction in August 2025. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CIP Page Location &Vicinity Maps PowerPoint Presentation COF 00 30 01 BID FORM TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS Tabulated By:Natalia Hoogesteijn,PhD,PE Design Engineer:Hazen and Sawyer(Prime),Ardurra Group,Bath Group Bid Date:May 7,2025 RFB 6299 Reytec Construction Resources,Inc. Project No.E10144 O.N.Stevens Water Treatment Plant Chlorine Storage and Handling Facilities Improvements 1901 Hollister Street BASE BID Houston,TX 77080 Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDEDAMOUNT QUANTITY Part -General(per SECTION 01 2901 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization/Demobilization(5%maximum) LS 1 $ 3,019,020.00 $ 3,019,020.00 A2 Bonds and Insurance LS 1 $ 1,207,608.00 $ 1,207,608.00 A3 Storm Water Pollution Prevention LS 1 $ 40,000.00 $ 40,000.00 A4 Water Line Relocation LS 1 $ 654,000.00 $ 654,000.00 A5 Site Work and Yard Piping Work LS 1 $ 13,521,377.00 $ 13,521,377.00 A6 Electrical Site Work LS 1 $ 7,182,000.00 $ 7,182,000.00 A7 Sodium Hypochlorite Storage Area LS 1 $ 20,620,000.00 $ 20,620,000.00 A8 Sodium Hypochlorite Feed Pump Building LS 1 $ 18,124,000.00 $ 18,124,000.00 A9 Sodium Chlorite and Hydrochloric Acid Storage LS 1 $ 4,895,000.00 $ 4,895,000.00 A10 Sodium Hypochlorite Generation Building LS 1 $ 17,681,000.00 $ 17,681,000.00 All Sodium Hypochlorite Generation Equipment LS 1 $ 11,473,500 $ 11,473,500.00 Al2 Chlorine Storage and Handling Improvements LS 1 $ 350,000.00 $ 350,000.00 A13 Site Restoration LS 1 $ 84,000.00 $ 84,000.00 A14 Unforeseen Conditions AL 1 $ 1,000,000 $ 1,000,000 A15 Permit Fees AL 1 $ 10,000 $ 10,000 A16 Asbestos Remediation and Removal AL 1 $ 150,000 $ 150,000 A17 Relocation of piping in conflict with construction trailers AL 1 $ 100,000 $ 100,000 SUBTOTAL PARTA-GENERAL(Items Al thru A17) $ 100,111,505.00 Part I-ADDITIVE ALTERNATE NO.1 (per SECTION 0123 10 ALTERNATES AND ALLOWANCES) 11 Concrete paving of area south of chlorine handling facilities LS 1 $ 522,495.00 $ 522,495 SUBTOTAL PART I-ADDITIVE ALTERNATE NO.1(11) $ 522,495.00 BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A17) $ 100,111,505.00 TOTAL PROJECT BASE BID(PART A) $ 100,111,505.00 SUBTOTAL PART H-ADDITIVE ALTERNATE NO.1 (Item 11)) $ 522,495.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.1(PART 1) $ 522,495.00 Bid Form 00 30 01-Page 1 of 1 E10144 Chlorine Storage and Handling Facilities Improvements Rev 8/2019 Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# 21104 Project Name ONSWTP Chlorine System Improvements Type Improvement/Additions Department Water Useful Life 40 years Contact Director of Water Utilities Category Water Treatment Priority Priority Level 1 Council District I Status Active Description This project will replace the existing chlorine gas system at O.N. Stevens Water Treatment Plant(ONSWTP)with a safer and more reliable on- site hypochlorite generation(OSG)system.OSG will eliminate the health and safety risks associated with potential chlorine gas exposure for ONSWTP staff and the surrounding community.The scope of work also includes modifications to the existing chlorine dioxide system,as well as demolition of the existing chlorine gas measurement building and chlorine railcar area. Justification Proposed improvements will completely eliminate ONSWTP's dependence on hazardous liquid chlorine for water disinfection thereby reducing health and life risk of ONSWTP staff and surrounding communities. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 17,250,000 35,000,000 15,000,000 13,000,000 80,250,000 Design 4,407,811 4,407,811 Eng,Admin Reimbursements 1,050,000 1,000,000 600,000 500,000 3,150,000 Total 22,707,811 36,000,000 15,600,000 13,500,000 87,807,811 Funding Sources Prior Years 2025 2026 2027 Total Revenue Bonds 22,707,811 36,000,000 15,600,000 13,500,000 87,807,811 Total 22,707,811 36,000,000 15,600,000 13,500,000 87,807,811 Budget Impact/Other 71 This Project should result in increased safety for staff on site and the surrounding community,increasing operational efficiency. 346 FY 26 thru FY 28 ' Capital Improvement Plan Project Pages ; Corpus Christi, Texas ' Project# El01 44/21 1 04 Project Name ONSWTP Chlorine System Improvements Contact Director of Corpus Christi Water Department Water Type Improvement/Additions Category Water Treatment Priority Priority Level 1 Status Active Useful Life 40 years Council District 1 Description This project will replace the existing chlorine gas system at O.N.Stevens Water Treatment Plant(ONSWTP)with a safer and more reliable on-site hypochlorite generation(OSG)system.OSG will eliminate the health and safety risks associated with potential chlorine gas exposure for ONSWTP staff and the surrounding community.The scope of work also includes modifications to the existing chlorine dioxide system,as well as demolition of the existing chlorine gas measurement building and chlorine railcar area. justification The proposed improvements will eliminate ONSWTP's dependence on hazardous liquid chlorine for water disinfection and reduce health and safety risks for plant staff and the surrounding community. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 52,250,000 10,000,000 21,000,000 17,384,000 100,634,000 Eng,Admin Reimbursements 567,442 400,000 600,000 450,000 2,017,442 Design 5,890,369 0 0 0 5,890,369 Total 58,707,811 10,400,000 21,600,000 17,834,000 108,541,811 Funding Sources Prior FY 26 FY 27 FY 28 Total Revenue Bonds 58,707,811 10,400,000 21,600,000 17,834,000 108,541,811 Total 58,707,811 10,400,000 21,600,000 17,834,000 108,541,811 Budget Impact This Project should result in increased safety for staff on site and the surrounding community,increasing operational efficiency. R,� N g acNcs ROAD PROJECT LOCATION W E — A 11- pol �0 5 CORPUS CHRISTI BAY ro rs car,oflo ' s"� Aq Re so mns � � •�; FM 2111 G a� 61 a��FryQq ff LOCATION MAP s ECAP NOT TO SCALE 5� LEOPARD S _ CHLORINE GAS BUILDING p low$ r. .; a . ( RAILCAR AREA _ r OSG FACILITY '1 'qR'yRo O.N. STEVENS WATER TREATMENT PLANT 044 6. � t1r AERIAL MAP ��•i`' • NOT TO SCALE 1 PROJECT NUMBER: E10144 s ONSWTP CHLORINE SYSTEM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES Mad O. N . Stevens Water Treatment Plant Chlorine System Improvements -s 11 1 I - ■ ILIHIws'u.-'� 1 --ice Nicholas Winkelmann, P.E. Director Water Systems and Support Services CCwSCh!qrvzng Corpus July 29, 2025 ith War eBend Background , O.N. Stevens Water Treatment Plant(ONSWTP) =t currently uses a chlorine gas system for water disinfection. Disinfection is critical to provide safe drinking Water. "17 • The chlorine gas system Was originally installed 44 years ago in 1981 �- • While the system is compliant under the law, it would not meet current regulatory requirements if built to the same criteria today • Chlorine gas is supplied to ONSWTP by go-ton rail 4 k E car • Chlorine gas creates safety concerns for the community and City staff • Operational challenges exist due to $ ` dependency on and reliability of the rail cars CCW'2 eProjJect Sco P Due to criticality of chlorine in the water treatment process, safety concerns, and regulatory challenges associated with the use of chlorine gas, this project will replace the existing chlorine gas system at ONSWTP with an operationally safe and more reliable onsite hypochlorite generation (OSG) system. • Existing chlorine dioxide generator system that uses chlorine gas will be replaced with a new three-chemical system that uses sodium hypochlorite, sodium chlorite, and hydrochloric acid • Construction phase of the project will be under one contract with a general contractor and include two phases �. • Phase is Completion of bulk hypochlorite storage and feed equipment V • Phase 2: Completion of the OSG building with sodium hypochlorite generators and ancillary equipment • Existing railcar facility, chlorine gas evaporation and feed equipment, 1-ton chlorine container storage area and associated Austin, Texas site visit piping vciill be demolished CCW'3 1 Operational Considerations Completion of this project is critical to the overall reliability and resiliency strategic plan developed by Corpus Christi Water(CCW) for ONSWTP. This project will also address the health and safety risks associated with chlorine gas exposure for the surrounding community and City staff. The strategic plan for ONSWTP includes the projects below: EstimatedP . CompLetion Date Pre-sedimentation Dredging Construction 2028 Rawl Water and Chemical Improvement Projects Construction 2027 Filtration System Hydraulic Improvements Construction 2026 Chlorine System Improvements Pending Council Approval 2029 Flocculator and Basin Improvements Design 2027 Solids Handling Design 2029 CCW'4 Samples of OSG Installations System Rep Laced Miami-Dade South District WWTP FL 21,000 Chlorine Gas Crescent Water Treatment Plant in Louisville KY 9,000 Chlorine Gas Taylor Water Treatment Plant in Lewisville TX 6,000 Pepcon Mansfield Bud Ervin Water Treatment Plant TX 6,000 Vista Water Treatment Plant in Escondido CA 6,000 Chlorine Gas Chandler Water Treatment Plant AZ 6,000 Meramec Water Treatment Plant MO 5,550 Chlorine Gas Austin Water Treatment Plant #4 TX 4,500 New Plant Blackman Water Treatment Plant in Springfield MO 4,500 Chlorine Gas K.Thomas Hutchinson WTP TN 4,000 New Plant Waxahachie R.W. Sokoll Water Treatment Plant TX 3,000 San Antonio Naco Pump Station TX 2,400 Chlorine Gas CCW'5 Cost Considerations • If project does not progress, a new capital project would have to be developed to include design engineering and construction of required chlorine gas infrastructure upgrades • Estimated construction cost for these upgrades to the existing chlorine gas system are currently estimated at$42,500,000 • Additional costs to this total would be design and professional service fees • Request for qualifications, design contract award, and design of this project is estimated to take 2+years Present Worth Summary OSG 2 BuLk HypochLorite Capital Cost $42.5M3 $101.1M $46.6M3 Yearly Operations and $237K $405K $88K Maintenance Cost Annual Chemical Cost $1.99M (chlorine) $406K(power) $3.55M $1.66M (caustic) $1.14M (salt) 20-year Present Worth $189.6M $145M $170.7M 6 Bid Summary Reytec Construction $100,111,505.00 $522,495.00 $100,634,000.00 Engineer's Opinion of Probable Construction Cost $107,260,000.00 (included in OPCC) $107,260,000.00 Reytec Construction has successfully Worked on other large Water infrastructure projects for the City of Corpus Christi and other municipalities. Fiscal. Impact • The fiscal impact for Corpus Christi Water in FY25 is $52,250,000.00 for the construction contract With funding available from the Water Capital Fund • Remaining funds Will be incurred in FY26, FY27 and FY28 in an amount of$48,384,000.00 • The short-range Capital Improvement Plan (CIP) construction budget for this project Was set at$80,250,000, resulting in a budget shortfall of$20,384,000.00 • Budgetary adjustments Will be made as part of the annual capital budget process for FY 2026, FY 2027,and FY 2028 to reflect new contract costs 7 Project Timeline 122 - 2024 2025 2025 March - December Feb — July August-January Bid'Award Project schedule reflects City Council award in July 2025 With anticipated construction completion by January 2029. Staff Recommendation Staff recommends awarding construction contract to Reytec Construction Resources, Inc. of Houston, Texas for the ONSWTP Chlorine System Improvements project in the amount of$Zoo,634,000.00 for Total Base Bid plus selected Alternate 1. The construction duration is planned for 42 months from issuance of the Notice to Proceed to begin construction in August 2025. CCW-8 Thank you ! Corpus Christi Water- Serving the Coastal Bend se o° a F v AGENDA MEMORANDUM NHPOPPl E Action Item for the City Council Meeting of July 29, 2025 1852 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2@cctexas.com (361) 826-1677 Interlocal Agreement with Port of Corpus Christi Authority Sam Rankin - Port to IH-37 (Bond 2024, Proposition A) CAPTION: Motion authorizing the execution of an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for storm drainage improvements to Sam Rankin Street from Port Avenue to IH-37 in an amount not to exceed $2,500,000.00, located in Council District 1 with FY 2025 funding available from the Street Bond 2024 Funds. SUMMARY: The purpose of this agenda item is to obtain authority to execute an Interlocal agreement (ILA) with the PCCA for the purpose of a joint project to upgrade Sam Rankin Street from Port Avenue to IH-37. PCCA is responsible for the pavement reconstruction, curb and gutter and sidewalk cost. The City is responsible for the storm infrastructure improvements. BACKGROUND AND FINDINGS: On November 5, 2024, voters approved the City of Corpus Christi's Bond 2024 Program for a total of$175 million, encompassing thirty-eight projects. All four propositions passed on election day included projects for streets, parks, public safety, and library improvements. Proposition A included $2.5 million for the construction of storm drainage improvements at Sam Ranking Street — Port to 1 H 37. Sam Rankin Street provides direct access to the heavy cargo dock and supplies at the PCCA. In September 2023, PCCA received approval from the Texas Department of Transportation (TxDOT) under the Seaport Connectivity Program Grant to reconstruct Sam Rankin Street. However, the stormwater infrastructure costs are not covered by the Grant. PCCA agrees to perform the stormwater infrastructure improvements on behalf of the City subject to City's agreement to reimburse PCCA for those costs. PCCA will be responsible for contract execution and administration, including the design, procurement, and construction of the project and the stormwater infrastructure improvements. Prior to soliciting bids and/or proposals for construction, PCCA will furnish the City with a detailed set of plans and construction drawings for the Project for the City's approval. PCCA shall be responsible for all project costs. The City agrees to reimburse PCCA 100% of the stormwater infrastructure improvements costs not covered by the grant up to the maximum amount of$2,500,000. ALTERNATIVES: The alternative is not to execute the ILA with PCCA and lose the grant funds. FISCAL IMPACT: The fiscal impact for FY 2025 is in the amount of$2,500,000 with funding available from the Bond 2024 Funds. Funding Detail: Fund: Streets 2024 GO Bd Prop A (Fund 3564) Department: Streets (33) Org: Grants and Capital Projects (89) Account: Outside Agency Exp (540290) Activity: 25053 Amount $2,500,000.00 Total: $2,500,00.00 RECOMMENDATION: City Staff recommend approval of the Interlocal Cooperation Agreement between the Port of Corpus Christi Authority of Nueces County, Texas and the City of Corpus Christi for reconstruction of Sam Rankin Street from Port Avenue to IH-37. LIST OF SUPPORTING DOCUMENTS: Location Map Interlocal Agreement COF FY 25 thru FY 2714 Capital Improvement Plan Corpus Christi, Texas ! r I Project# 25053 Project Name Sam Rankin St(Port to IH-37) Contact Director of Public Works Department Public Works-Streets Type Rehabilitation Category Street-Rehabilitation Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description Match funds to cover the construction of storm drainage improvements.The project is being leveraged with$8.5 million grant secured by the Port of Corpus Christi. 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 FY 25 FY 26 FY 27 Total Participation Agreement 0 2,500,000 0 0 2,500,000 Total 0 2,500,000 0 0 2,500,000 Funding Sources Prior FY 25 FY 26 FY 27 Total G.O.Bond 2024 0 2,500,000 0 0 2,500,000 Total 0 2,500,000 0 0 2,500,000 Budget Impact 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. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TEXAS FOR THE 2023 SEAPORT CONNECTIVITY PROGRAM GRANT This Interlocal Cooperation Agreement("Agreement")is made by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body,the City Council,and the Port of Corpus Christi Authority of Nueces County, Texas ("PCCA"), acting by and through its governing body, the Port Commission. The City and PCCA are sometimes referred to in this Agreement as "Parties" and individually as a"Parry". WHEREAS,on July 18,2023,PCCA submitted a grant application to the Texas Department of Transportation ("TxDOT")under the Seaport Connectivity Program for the Sam Rankin Street Reconstruction Project, CSJ-9400-00-020 (the "Project"); and WHEREAS, by Minute Order Number 116558 dated September 28, 2023, the Texas Transportation Commission approved State participation in the Project in an amount not to exceed $6,733,044 (the "Grant"); and WHEREAS,the Projectwill improve traffic flow and safety fortrucks moving freightto and from PCCA cargo docks and directly connect Interstate Highway 37 to Cargo Docks 8, 14, and 15; and WEHREAS, a portion of the Project will be performed by PCCA on property owned by the City; and WHEREAS, the proposed Advanced Funding Agreement ("AFA") between PCCA and TxDOT states that if the Project requires the use of real property to which PCCA does not hold title, a separate agreement must be executed prior to the AFA; and WHEREAS,the Parties recognize and agree that replacement of stormwater infrastructure on Sam Rankin Street is essential to completion of the Project,however,stormwater infrastructure costs are not covered by the Grant; and WHEREAS,PCCA agrees to perform the stormwater infrastructure improvements on behalf of the City subject to City's agreement to reimburse PCCA for those costs; and WHEREAS,the purpose of this Agreement is to: (i)authorize PCCA to perform the Project on the City-owned portion of Sam Rankin Street; and (ii) memorialize the Parties' agreement regarding PCCA's construction of the stormwater infrastructure improvements on Sam Rankin Street. 361340v2 1 NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, TEXAS,AND THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS: SECTION 1. WORK ON CITY PROPERTY. 1.1 The City grants PCCA permission to enter onto City property to make permanent public improvements to Sam Rankin Street as described in Exhibit A. In addition, the City authorizes PCCA to enter onto City property to perform the stormwater infrastructure improvements not covered by the Grant as described in Exhibit B. SECTION 2. PROJECT SCOPE. 2.1 Project Scope. A description of the Project scope is attached hereto as Exhibit A. A description of the stormwater infrastructure improvements is attached hereto as Exhibit B. 2.2 Contract Management. PCCA will be responsible for contract execution and administration, including the design, procurement, and construction of the Project and the stormwater infrastructure improvements. Prior to soliciting bids and/or proposals for construction, PCCA will furnish the City with a detailed set of plans and construction drawings for the Project(including the stormwater infrastructure improvements)(collectively,the"Plans")for the City's approval, which approval shall not be unreasonably withheld nor unreasonably delayed. The Plans shall be prepared in a standard engineering format and must be signed and sealed by a Professional Engineer registered in the State of Texas. If the City fails to respond to a request for approval of the Plans within thirty(30)days after submittal,the City will be deemed to have given its written approval of the Plans. Any change orders altering the Plans or the scope of work related to the stormwater infrastructure improvements shall also be furnished to the City for prior approval by the City, which approval shall not be unreasonably withheld nor unreasonably delayed. If the City fails to respond to a request for approval of a change order within five (5) days after submittal, the City will be deemed to have given its written approval of the change order. The Parties agree that no building permit or other authorization by the City shall be required for the Project (including the stormwater infrastructure improvements) other than the approvals as stated in this Section 2.2. 2.3 Grant Terms and Conditions. PCCA will be responsible for ensuring that the Grant terms and conditions and deliverable requirements are met. 2.4 Grant Funding. PCCA shall be the direct recipient of the grant funds and will authorize the use of the funds in compliance with the Grant. 2.5 Payment of Costs. PCCA shall be responsible for all Project costs. The City agrees to reimburse PCCA 100%of the stormwater infrastructure improvements costs not covered by the Grant up to the maximum amount of$2,500,000. As soon as reasonably practicable after PCCA completes the Project,PCCA shall present an invoice to the City for reimbursement 361340v2 2 of 100%of the amount paid for the stormwater infrastructure improvements costs. Copies of the invoices paid by PCCA to PCCA's contractor(s)shall be included with PCCA's invoice to the City and an authorized representative of PCCA shall certify the amount paid by PCCA. PCCA's invoice shall be due and payable by the City within thirty (30) days after the City's receipt of such invoice. PCCA's invoice shall be mailed to the address provided in Section 4.4. 2.6 Maintenance following Construction. Upon completion of the construction of the Project, the City shall assume maintenance of all improvements on City property, including the stormwater infrastructure improvements. SECTION 3. TERM OF AGREEMENT AND TERMINATION. 3.1 Effective Date. The effective date of this Agreement is the date on which all parties have executed this Agreement. 3.2 Term.This Agreement shall be for a term of two years beginning on the Effective Date. The term shall automatically extend year-for-year until the Project is completed. 3.3 Termination. Either party may terminate this Agreement by giving written notice to the other party if the other party("Defaulting Party")materially breaches any term,condition or provision of this Agreement and fails to cure the breach to the satisfaction of the notifying party within thirty(30)days after the Defaulting Party receives a written notice of the breach from the notifying party. SECTION 4. GENERAL PROVISIONS. 4.1 Severabilily. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either PCCA or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. 4.2 Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants,whether written or verbal, antecedent or contemporaneous,with the execution hereof. 4.3 Written Amendment. Unless otherwise provided herein,this Agreement may be amended only by written instrument duly executed on behalf of each party. 4.4 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third(3rd)day following deposit in a United States Postal Service post office or receptacle with proper postage affixed(certified 361340v2 3 mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties,which one party may change by giving written notice of its changed address to the other party, are as follows: Cily PCCA Peter Zanoni Kent A. Britton City Manager Chief Executive Officer City of Corpus Christi Port of Corpus Christi Authority 1201 Leopard, 5t'Floor P. O. Box 1541 Corpus Christi, Texas 78401 Corpus Christi, Texas 78403 4.5 Non-Waiver. Failure of any parry hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy,strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 4.6 Successors. This Agreement shall bind and benefit the parties and their legal successors. 4.7 No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. 4.8 Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 4.9 Relationship of Parties. In performing this Agreement, the City and PCCA shall act in an individual capacity,and not as agents,representatives,employees,employers,partners,joint- venturers,or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 4.10 Disputes. Each party agrees that any dispute between the parties relating to this Agreement will first be submitted in writing to a panel of two senior executives of the City and PCCA, who shall promptly meet and confer in an effort to resolve such dispute through good faith consultation and negotiation. Each parry's executives shall be identified by notice to the other parry,and may be changed at any time thereafter also by notice to the other parry. Any decisions of the executives will be final and binding on the parties, unless approval by the governing bodies of the parties is require by law. In the event the executives are unable to 361340v2 4 resolve any dispute within thirty (30) days after submission to them, either parry may then refer such dispute to mediation. If the parties refer to mediation any controversy or claim arising out of or relating to this Agreement or the existence,validity,breach or termination thereof,whether during or after its term, they shall select a mutually acceptable mediator within forty-five (45) days thereafter. Neither parry shall unreasonably withhold consent to the selection of a mediator. The parties shall share equally the costs of mediation. If the parties agree, they may substitute other forms of alternative dispute resolution. Any mediation shall not extend beyond thirty (30) days after the appointment of the mediator, and should the parties fail to resolve any dispute by mediation within such 30-day period,the parties shall have all rights available at law or in equity. 4.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and it shall be performable in Nueces County, Texas. IN WITNESS WHEREOF,the City and PCCA have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY Director of Engineering Services Date Chief Executive Officer Date ATTEST: City Secretary Date APPROVED AS TO FORM: Assistant City Attorney Date 361340v2 5 EXHIBIT A The Project addresses a three-quarters of a-mile section of Sam Rankin Street (SRS)that directly connects Interstate Highway 37 to the Port of Corpus Christi's Cargo Docks 8, 14, and 15. In addition, the northern part of the Project area connects the Al Speight Military Yard to the cargo docks. Some of the largest military movements occur on this part of SRS several times yearly. SRS requires a full reconstruction because failures have risen through the base and into the subgrade. The pavement distress on the roadway is severe enough to be a safety concern as vehicles often merge onto oncoming traffic lanes to avoid some of the major road failures. Distresses include alligator cracking,block cracking,bumps&sags,depressions,edge cracking,longitudinal cracking,patching, potholes,railroad crossing,rutting,slippage cracking,and raveling. Current sidewalk conditions do not meet ADA standards in any form,with widths under 4',rebar protruding up from the walkway, cross slopes over 2%, and unsafe transitions at intersections. The Project scope generally consists of the reconstruction of SRS from Port Avenue to IH 37. Road reconstruction will include a stabilized subgrade, flexible base, and new 3" asphalt paving with a layer of geogrid to strengthen the roadway for military equipment and other heavy loads coming into the Port of Corpus Christi. The Project will also include the reconstruction of the curb/gutter and sidewalks. This Project provides a needed rebuild of the rail crossing at SRS and Broadway with new concrete rail panels for safety and ease of transition over the tracks. EXHIBIT B The existing storm drainage infrastructure on Sam Rankin Street between Port Avenue to IH 37 will be analyzed for capacity issues and the storm drainage infrastructure will be upgraded as needed. P 7 Project E S Location Map P1 REWSTER �. ► Z 1 . BROADWAY a n yq� ', - yam. • ' -�• ��:. � - N y) �1 � •fit y F �9 .�� `y qA' " _ wER. FRANK /r0oil /�� �i `► 019/ O r` LOBO.~f LOBO Irq�y/�F LAKE N L V oL4t Ld ,� w .,, WINNEBAGO ,nLd -- IH-37 PROJECT NO. 25053 SAM RANKIN STREET CITY COUNCIL EXHIBIT t. (PORT AVENUE TO 1 H-37) CITY OF CORPUS NFER N TEXAS DEPARTMENT OF ENGINEERING SERVICES '�, Corpus I *-. -r si Engineering Sam Rankin - Port to IH-37 (Bond 2024, Proposition A) Interlocal Agreement with Port of Corpus Christi Authority Council Presentation A July 29 2025 #Agikk Project Location C*Ch, Engineering y i - 1 oRWOWnY +�ya Z �A b beo 3 + I � PROJE4T NO.25053 JO& Project Scope *.,Chr�ti Engineering The purpose of this agenda item is to obtain authority to execute an Interlocal agreement (ILA) with the PCCA for the purpose of a joint project to upgrade Sam Rankin Street from Port Avenue to IH-37. PCCA shall be responsible for all Project costs. The City agrees to reimburse PCCA 100% of the stormwater infrastructure improvements costs not covered by the Grant up to the maximum amount of $2,500,000. se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com 361-826-1801 Asset purchase and sale agreement with the City of Rockport for the purchase of the assets of the City of Rockport Natural Gas Utility System CAPTION: Resolution authorizing an asset purchase and sale agreement with the City of Rockport in an amount of$5,500,000.00 for the purchase of the assets of the City of Rockport Natural Gas Utility System with funding available through the 2025 Utility System Revenue Bond. SUMMARY: This resolution authorizes the purchase of all Natural Gas Distribution system assets owned by the City of Rockport which includes approximately 5,445 meters, three City Gates, 189 miles of pipeline, one Compressed Natural Gas Station, and all other related Gas distribution related assets. The City of Rockport's Gas distribution currently serves approximately 4,700 active customers inside their City limits, the towns of Fulton and Lamar, and surrounding areas of Aransas County. BACKGROUND AND FINDINGS: On May 6, 2023, during a special election the voters in Rockport granted their City Council the authority to sell the Natural Gas Distribution System. November of 2024, the City of Rockport started the bid process and invited Corpus Christi Gas Department CCGAS to participate as a potential bidder. On March 28, 2025, CCGAS submitted a proposal in the form of a non-binding Letter of Intent. CCGAS was notified that it was the preferred bidder by April 141"by the City of Rockport. ALTERNATIVES: To not purchase the City of Rockport's Natural Gas Distribution assets increased costs to operate our current system will need to be recovered by more frequent rate increases. FISCAL IMPACT: The purchase of the assets of the City of Rockport Natural Gas Utility System with funding in an amount of$5,500,000.00 available through the 2025 Utility System Revenue Bond. Funding Detail: Fund: 4135 Organization/Activity: 34001 Department: 11 Project # (CIP Only): Account: 550060 RECOMMENDATION: Staff Recommend the approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Purchase and Sale Agreement Presentation Resolution authorizing an asset purchase and sale agreement with the City of Rockport in an amount of $5,500,000.00 for the purchase of the assets of the City of Rockport Natural Gas Utility System with funding available through the 2025 Utility System Revenue Bond. WHEREAS, the City of Rockport operates a natural gas utility system and desires to sell certain assets of the distribution system; and WHEREAS, the City of Corpus Christi desires to acquire additional distribution assets in order to expand its existing operations; and WHEREAS, the asset purchase and sale agreement provides for the purchase and sale of the pipelines, meters, gates and certain other assets of the Rockport natural gas utility system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute the Asset Purchase and Sale Agreement with the City of Rockport for the natural gas utility system in the amount of$5,500,000.00. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ASSET PURCHASE AND SALE AGREEMENT This ASSET PURCHASE AND SALE AGREEMENT (this "Agreement") is made by and between the CITY OF ROCKPORT, TEXAS, a Texas home-rule municipal corporation (the "Seller"), whose address is 2751 State Hwy 35N Bypass, Rockport, Texas 78382, and the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation (the "Buyer"), whose address is 1201 Leopard Street, Corpus Christi, Texas 78401. This Agreement will be effective on the date of the last of the signature by Seller and Buyer below ("Effective Date"). WHEREAS, Seller operates a natural gas distribution system in the City of Rockport, the Town of Fulton and Aransas County providing services for 5,445 active and inactive customers through three City Gates in approximately 189.011 miles of pipelines and related assets (the "Distribution System") and desires to sell certain assets of the Distribution System; WHEREAS, Buyer operates a natural gas utility system in the City of Corpus Christi and adjacent areas and desires to acquire additional distribution assets in order to expand its existing operations, realize additional economies of scale and assist in minimizing the costs of distribution of natural gas to its customers; and WHEREAS, this Agreement provides for the purchase and sale of the pipelines, meters, gates and other assets of the Distribution System and the provision of various services on an interim basis in order for Buyer to integrate the Distribution System into Buyer's existing gas utility and have the customers of the Distribution System enter into new service agreements with Buyer; NOW, THEREFORE, in consideration of the foregoing premises and the agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Agreement to Purchase of Assets. Subject to the terms and conditions set forth in this Agreement and for the consideration identified in Section 2 below, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the assets comprising the Distribution System (the "Purchased Assets") more particularly described on Exhibit A attached. The parties agree that the sale and purchase specifically shall not include those assets identified on Exhibit B attached (the "Excluded Assets"). 2. Purchase Price. Buyer agrees to pay to Seller as the consideration for the acquisition of the Purchased Assets the amount of$5,500,000.00. Such amount includes the estimated amount of$1,965,000.00 required for the defeasance of that portion of Seller's outstanding combination tax and revenue certificates of obligation secured by the revenues of Seller's Distribution System (the "Defeasance Amount") and the estimated amount of$2,140,000.00 required for the payment in full of that portion of Seller's Taxable Direct Pay Qualified Energy Conservation Bonds outstanding allocable to the Distribution System (the "Bond Amount"). Prior to the Closing Date, Seller shall determine the final figures for the Defeasance Amount and the Bond Amount and provide such final figures to Buyer together with wiring instructions for the payment of such funds to the appropriate parties. All of such wiring instructions shall be confirmed telephonically prior to the Closing Date. On the Closing Date, Buyer shall pay the following amounts by wire transfer: The Defeasance Amount to the party specified as the agent for the defeasance; The Bond Amount to the paying agent for such bonds; and The remainder of the Purchase Price to Seller. BUYER ACKNOWLEDGES AND AGREES THAT BUYER'S OBLIGATIONS UNDER THIS AGREEMENT ARE NOT CONTINGENT UPON BUYER'S OBTAINING A LOAN FROM ANY LENDER. ACCORDINGLY, BUYER SHALL BE OBLIGATED TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT WHETHER OR NOT BUYER CAN OBTAIN A LOAN TO FINANCE THE PURCHASE OF THE DISTRIBUTION SYSTEM. 3. Feasibility Period. Buyer has completed its feasibility investigations of the Distribution System prior to the approval of this Agreement. 4. Closing. The closing of the purchase and sale provided in this Agreement shall occur within thirty (30) days of the date of this Agreement on a date set by the parties (the "Closing Date"). At the Closing Date, Seller shall execute and deliver to Buyer a Bill of Sale in the form attached as Exhibit C conveying the Purchased Assets described on Exhibit A, and Buyer shall transfer the Purchase Price to Seller or for the account of Seller as provided above. The closing may occur by electronic transmission of documents and the wire transfer of funds. At the closing, the Purchased Assets shall be conveyed by Seller to Buyer free and clear of any liabilities, indebtedness, liens, mortgages, pledges, security interests, encumbrances, adverse claims, or charges of any kind, and Buyer shall purchase from Seller all of Seller's right, title and interest in, to and under all of the Purchased Assets. Seller shall take all reasonably requisite steps to put Buyer in actual possession and operating control of the Purchased Assets as of the Closing Date. 5. Prorations. All revenues and expenses of the Distribution System shall accrue to Seller up to and including the Closing Date. Seller shall be entitled to all revenues from operations accrued through the Closing Date and shall be responsible for the payment of all expenses. Commencing on the day after the Closing Date, Buyer shall be entitled to all revenues and be responsible for all expenses accruing the Distribution System. The parties each are governmental entities, and no taxes or assessments shall apply to the purchase and sale of the Distribution System. 6. Closing Costs and Expenses. Each party shall be responsible for the payment of its legal fees and expenses in connection with the purchase and sale of the Distribution System together with the costs of all engineers, appraisers, financial advisors and other consultants obtained by such party in connection with this transaction. The parties agree that no brokers or other consultants have been utilized to procure this purchase and sale other than RBC Capital Markets, LLC retained by Seller, and no other brokerage fees or commissions shall be due to any party other than RBC Capital Markets, LLC. 7. Account Management Services After Closing. For a period of up to two years after the Closing Date, Seller agrees to continue managing the customer accounts and payments associated with the Distribution System on behalf of Buyer while Buyer completes the process of transitioning such customers to become customers on Buyer's gas utility system. Seller agrees to continue billing and collecting on the same basis that Seller has done previously. Revenues collected shall be prorated as of the Closing Date as provided above with the amounts accruing through the Closing Date being retained by Seller, and the amounts accruing after the Closing Date being remitted to Buyer. All amounts owing to Buyer shall be remitted to Buyer at least once each month, and Seller may deduct from such remittances a service and handling fee equal to four percent (4%) of the amounts remitted. Promptly after the Closing Date, Seller shall provide Buyer with the account information, including current contact information, for each customer in a mutually-acceptable electronic format so that Buyer can begin the process of setting up new accounts for such customers Buyer shall notify Seller periodically as to which accounts no longer need to be handled by Seller until such time as all accounts have been re-established with Buyer. 2 In the event that Buyer receives any payment for the accounts receivable accruing as of or prior to the Closing Date, Buyer agrees to remit such payments to Seller at least one time each month on the same basis that remittances were handled by Seller. If Buyer receives any payment that is allocable to both Seller and Buyer, Buyer will deposit the entire payment in Buyer's account and remit to Seller its portion as provided above. Each party will provide the other party a detailed accounting of payments collected and distributed as provided above, and the other party may audit, examine, and make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to payments collected by Seller on behalf of Buyer and payments collected by Buyer for the benefit of Seller. As noted on Exhibit B, no accounts receivable of Seller are included with this sale, and such accounts receivable are part of the Excluded Assets. 8. Franchise Agreements. Seller agrees to grant to Buyer a franchise agreement for operations within the corporate limits of Seller with a franchise fee equal to ten percent (10%) of the amount of the monthly meter/service charges (exclusive of commodity/usage charges, purchased gas adjustment charges based on the costs charged for natural gas, late fees, connection fees, line installation fees and other revenues) collected by Buyer within such corporate limits. The franchise agreement shall be approved by Seller and Buyer at or prior to the Closing Date. As part of the Purchased Assets, Seller assigns to Buyer all of Seller's right, title and interest in the franchise agreement covering the Town of Fulton. Seller agrees to execute such additional documents as may be required in connection with such assignment. Seller agrees that no other franchise agreements are necessary for the continued operation of the Distribution System. 9. Lease of Yard. For a period of three (3) years after the Closing Date, Seller agrees to lease to Buyer and Buyer agrees to lease from Seller, Seller's yard and office location at 402 E. Laurel Street and the Gas Warehouse and access to the common areas at 2751 State Hwy 35N Bypass in Rockport, Texas for an annual rent of $10.00 paid in advance pursuant to a Lease Agreement to be prepared and executed on or prior to the Closing Date. 10. Employee Matters. No employees are being transferred or assigned in connection with this Agreement. Seller shall retain responsibility for all of its existing employees working in connection with the Distribution System after the Closing Date. Buyer separately may hire any such employees under separate arrangements between the individual and Buyer. 11. "AS IS" Transaction. Buyer agrees and acknowledges that Buyer is purchasing the Purchased Assets in an "As-Is, Where Is" condition "WITH ALL FAULTS" and specifically and expressly without any warranties, representations or guarantees, either expressed or implied, of any kind, nature, or type whatsoever, from or on behalf of Seller, except as specifically provided in this Agreement. (a) Buyer acknowledges and agrees that Seller has made no warranties or representations, expressed or implied, or arising by operation of law, including, but in no way limited to, the value, physical condition, square footage, environmental condition, zoning, good repair, operability, suitability, merchantability, profitability, marketability, past or present compliance with any rules, regulations, covenants or restrictions, development potential or fitness for a particular use or purpose of the Distribution System or the Purchased Assets, except as specifically provided in this Agreement. (b) Buyer acknowledges that it is Buyer's responsibility to make such legal, factual and other inquiries and investigations, as Buyer deems necessary with respect to the Purchased 3 Assets. Buyer acknowledges that it has executed this Agreement based solely on its own independent due diligence investigations and findings and not in reliance on any information provided by Seller or its affiliates, agents, officers, employees or representatives, except as specifically provided in this Agreement. Buyer acknowledges that Buyer has not relied, and is not relying upon information, document, sales brochures or other literature, maps or sketches, projection, pro forma, representation, guarantee or warranty (whether expressed or implied, oral or written, material or immaterial) that may have been given or made by or on behalf of Seller. (c) Without in any way limiting the generality of the preceding subparagraphs, Buyer specifically acknowledges and agrees that Buyer hereby waives, releases, and discharges any claim it has, might have had or may have against Seller with respect to the condition of the Purchased Assets, either patent or latent. 12. Distribution System Inspection. (a) Buyer is solely responsible to perform all inspections (physical, legal, economic, environmental, or otherwise) on the Distribution System and to be satisfied as to its condition prior to the Closing Date; to review all Distribution System information and due diligence materials; to independently verify any information it deems important including information available in public records; and to inquire of public officials as to the applicability of and compliance with land use and environmental laws, utility codes, and any other local, state or federal laws and regulations. (b) Buyer is responsible for the costs of all inspections, surveys, engineering reports, environmental studies, including, but not limited to, lead-based paint tests, or for any other work performed at Buyer's request, and Buyer shall pay for any damage which occurs to the Distribution System as a result of such activities. Buyer shall not permit any claims or liens of any kind against the Distribution System for inspections, surveys, engineering reports, or for any other work performed on the Distribution System at Buyer's request. Subject to the limitations under applicable law for governmental entities, Buyer agrees to indemnify, protect, and hold Seller harmless against any liability, damage, cost, or expense uncured, directly, or indirectly, by Seller, as a result of Buyer's inspection, examination, or survey of the Distribution System, either prior to, on or after the date hereof. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this section, including Seller's reasonable attorney's fees. Buyer agrees to repair any damage caused by such inspections and to restore the Distribution System to its condition prior to the inspection. This provision shall survive the Closing and any termination of this Agreement. 13. No Assumption of Liabilities. This transaction solely pertains to the purchase and sale of the Purchased Assets. Except as specifically provided herein, Buyer does not assume nor shall Buyer become liable for any accounts payable or other debts, obligations or liabilities of Seller, whether direct or indirect, now existing or hereafter occurred, accrued, contingent or otherwise, including but not limited to, all accounts payable, obligations owing to suppliers or other vendors, penalties incurred and any other liabilities, except the specific obligations of Seller which Buyer expressly agrees to assume pursuant to the written terms of this Agreement. 14. Seller's Representations and Warranties. Seller represents and warrants to Buyer as follows as of the date of this Agreement and as of the Closing Date: (a) Organization of Seller, Power and Authority. Seller is a Texas home-rule municipal 4 corporation duly organized and existing under the laws of the State of Texas and has full power and authority to operate the Distribution System and own and operate the Purchased Assets. Seller has full power and authority to execute and deliver this Agreement and to consummate the transactions contemplated this Agreement. (b) Authorization of Seller. The execution and delivery of this Agreement and the performance by Seller of its obligations hereunder have been duly authorized by all necessary actions in compliance with the Texas Open Meetings Act, and no other act is necessary to authorize the execution, delivery, or performance of this Agreement by Seller. This Agreement has, at the time of such execution and delivery, been duly executed by Seller and constitutes the legal, valid and binding obligations enforceable against Seller in accordance with its terms. (c) No Violation. To the knowledge of Seller, neither the execution and delivery of this Agreement, nor the performance by Seller of its obligations hereunder nor the consummation of this transaction will (a) violate, conflict with, result in any breach of, constitute a default under, or result in the termination or acceleration of any contract, license, obligation or instrument to which any Seller is a party by which any of the Purchased Assets is bound or affected; (b) result in the creation or imposition of any liens of any kind upon any of the Purchased Assets; or (c) violate any law, judgment, decree, order, regulation or rule of any court or governmental authority to which Seller is bound. (d) Financial Information. Seller has disclosed to Buyer all material information relating to the financial condition of the Distribution System, including disclosure of all debts, liabilities or obligations of Seller in connection therewith, true, correct and complete copies of the financial statements with respect to the Distribution System. In all material respects, the financial information is based on the books and records of Seller, which are complete and correct, accurately reflect all transactions of the Distribution System and have been made available to Buyer for examination. In all material respects, the financial information provided fairly presents the financial condition of the Distribution System as of the stated dates thereof. (e) Absence of Changes. Since the respective dates of the financial information provided, (a) there has been no material adverse change in the assets, liabilities, condition (financial or otherwise), or operating results of the Distribution System; and (b) Seller has continued to operate the Distribution System in the ordinary course of business consistent with past custom and practice, and has incurred no material liabilities, other than in the ordinary course of business consistent with past custom and practice, which could have a material and adverse impact upon Buyer or the Purchased Assets. (f) Litigation. There is no action, suit, investigation, claim or proceeding pending or, to the knowledge of Seller, threatened against or affecting Seller, the Distribution System or any Purchased Assets or rights of Seller related thereto, including, without limitation, any court or arbitration proceedings and governmental investigations. (g) Contracts. Seller is not in default, and no event has occurred which with the giving of notice or passage of time or both would constitute a default, under any contract to which Seller is a party with respect to the Distribution System or the Purchased Assets. 15. Buyer's Representations and Warranties. Buyer represents and warrants to Seller as follows as of the date of this Agreement and as of the Closing Date: (a) Organization of Buyer, Power and Authority. Buyer is a Texas home-rule municipal 5 corporation duly organized and existing under the laws of the State of Texas and has full power and authority to acquire the Distribution System and own and operate the Purchased Assets. Buyer has full power and authority to execute and deliver this Agreement and to consummate the transactions contemplated this Agreement. (b) Authorization of Buyer. The execution and delivery of this Agreement and the performance by Buyer of its obligations hereunder have been duly authorized by all necessary actions in compliance with the Texas Open Meetings Act, and no other act is necessary to authorize the execution, delivery, or performance of this Agreement by Buyer. This Agreement has, at the time of such execution and delivery, been duly executed by Buyer and constitutes the legal, valid and binding obligations enforceable against Buyer in accordance with its terms. (c) No Violation. To the knowledge of Buyer, neither the execution and delivery of this Agreement, nor the performance by Buyer of its obligations hereunder nor the consummation of this transaction will (a) violate, conflict with, result in any breach of, constitute a default under, or result in the termination or acceleration of any contract, license, obligation or instrument to which any Buyer is a party; or(b) violate any law,judgment, decree, order, regulation or rule of any court or governmental authority to which Buyer is bound. (d) Litigation. There is no action, suit, investigation, claim or proceeding pending or, to the knowledge of Buyer, threatened against or affecting Buyer or any rights of Buyer under this Agreement, including, without limitation, any court or arbitration proceedings and governmental investigations. 16. Environmental Laws. To the best knowledge and belief of Seller, Seller is and has been in compliance with all Environmental Laws with respect to Hazardous Materials (as defined below) in connection with its operation of the Distribution System. Seller has not received any written notice, report, or information regarding any actual or alleged violation of Environmental Laws. Seller has not received from any governmental authority, with respect to the Distribution System or the Purchased Assets, any written request for information, notice of violation, or other notice of non-compliance pursuant to any applicable Environmental Law. There are no claims, liabilities, investigations, litigation, administrative proceedings, whether pending or, to Seller's knowledge, threatened or judgments or orders under any Environmental Laws relating to the environment or health and human safety with respect to Hazardous Materials or otherwise relating to any Hazardous Materials asserted or threatened against Seller related to the Distribution System. "Environmental Laws" means all Laws, now or hereafter in effect and as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order, consent decree or judgment, (a) relating to pollution (or the cleanup thereof) or the protection of natural resources, endangered or threatened species, human health or safety, or the environment; or (b) concerning the presence of, exposure to, or the management, manufacture, use, containment, storage, recycling, reclamation, reuse, treatment, generation, discharge, release transportation, processing, production, disposal or remediation of any Hazardous Materials, including CERCLA; the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §§ 6901 et seq.; the Clean Water Act, 33 U.S.C. §§ 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Atomic Energy Act, 42 U.S.C. §§ 2011 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; and the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq.; and the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. §§651 et seq.; and any U.S. Virgin Island or local Laws addressing substantially the same 6 subject matter as any of the foregoing. "Hazardous Materials" means any material, substance, chemical, waste, product, derivative, compound, mixture, solid, liquid, mineral or gas, in each case, whether naturally occurring or manmade, that is hazardous, acutely hazardous, toxic, a pollutant, a contaminant, or words of similar import or regulatory effect under Environmental Laws; and (a) petroleum and petroleum products (including crude oil or any fraction thereof), radioactive materials, asbestos- containing materials, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, per- and polyfluoroalkyl substances and radon gas, (b) any other chemicals, materials or substances defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous wastes", "restricted hazardous wastes", "toxic substances", "toxic pollutants", "contaminants" or "pollutants", " or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, reproductive toxicity or "EP toxicity" or words of similar import, under any applicable Environmental Law, and (c) any other chemical, material or substance which is regulated by any Environmental Law. 17. Conditions to Obligations of All Parties. The obligations of each Party to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment, at or prior to the Closing Date, of the condition that no governmental authority shall have enacted, issued, promulgated, enforced or entered any order, writ, judgment, injunction, decree, stipulation, determination or award which is in effect and has the effect of making the transactions contemplated by this Agreement illegal, otherwise restraining or prohibiting consummation of such transactions or causing any of the transactions contemplated hereunder to be rescinded following completion thereof. 18. Seller Default. If Seller defaults in the performance of any of its obligations pursuant to this Agreement, Buyer may terminate this Agreement or seek specific performance of this Agreement. In no event shall Seller be liable for any damages including special, incidental, or consequential damages. 19. Buyer Default. In the event the purchase and sale contemplated in this Agreement is not consummated as a result of Buyer's default, Seller shall have all rights as allowed by law to file for damages, specific performance or cancellation of this transaction. 20. Prevailing Party. In the event of any litigation or other proceedings concerning the enforcement of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. 21. Casualty Loss. Risk of loss due to fire, all other casualty, condemnation, or exercise of the right of eminent domain shall remain with Seller until the Closing Date; thereafter all risk of loss shall be borne by Buyer. If any such loss occurs prior to the Closing Date, Buyer shall have the right and option to either (a) terminate this Agreement, and neither Buyer nor Seller shall have any further liability hereunder, or (b) consummate this transaction and be entitled to all insurance and other proceeds relating such loss, with a credit against the Purchase Price equal to the amount of the deductible applied to any such insurance proceeds. 22. Notices. Any notice, request, instruction, correspondence or other document to be given hereunder by any party hereto to another (a "Notice") shall be in writing and delivered personally, overnight delivery, or mailed by registered or certified mail, postage prepaid and return receipt requested, or by email, as follows: 7 If to Seller: City of Rockport, Texas Attn: Robbie Sorrell 2751 State Hwy 35 Bypass Rockport, Texas 78382 Email:rsorrell@rockporttx.gov With a copies to: RBC Capital Markets, LLC Attn: Tim Williams, Managing Director 200 Vesey Street, 91" Floor New York, NY 10281 Email: tim.williams@rbccm.com If to Buyer: City of Corpus Christi, Texas Attn: Bill Mahaffey 1201 Leopard Street Corpus Christi, Texas 78401 Email: BillM@cctexas.com With a copies to: Trey Youngblood Assistant City Attorney City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Email: francisy2@cctexas.com John D. Bell Wood, Boykin & Wolter 555 North Carancahua Street, Suite 1510 Corpus Christi, Texas 78401 Email: jdbell@wbwpc.com Each of the above addresses for notice purposes may be changed by providing appropriate notice hereunder. Notice given by personal delivery or overnight delivery shall be effective upon actual receipt. Notice given by registered or certified mail shall be effective three days after being sent postage prepaid as provided above. Notice given by email shall be effective upon actual receipt if received during the recipient's normal business hours or at the beginning of the recipient's next normal business day after receipt if not received during the recipient's normal business hours. Anything to the contrary contained herein notwithstanding, notices to any party hereto shall not be deemed effective with respect to such party until such notice would, but for this sentence, be effective both as to such party and as to all other persons to whom copies are provided above to be given. 23. Further Assurances. Each of Seller and Buyer shall, from time to time after the Closing Date, upon the request of other party, perform, execute and deliver, or cause to be performed, executed and delivered, all such further acts and instruments as may be required for the better assigning, transferring, granting, conveying, assuring and confirming to Buyer of the Purchased Assets sold to Buyer pursuant to this Agreement. To the extent not completed prior to the Closing Date, Seller shall provide Buyer with all passwords, authorizations and any other assistance required from that Seller to transfer to Buyer control and operation of all equipment and other assets and intellectual property that are Purchased Assets. 8 24. Governing Law. The provisions of this agreement and the documents delivered pursuant hereto shall be governed by and construed in accordance with the laws of the State of Texas. 25. Dispute Resolution. If the parties should have a dispute arising out of or relating to this Agreement or the parties' respective rights and duties hereunder, then the parties will resolve such dispute in the following manner: (i) any party may at any time deliver to the others a written dispute notice setting forth a brief description of the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; (ii) during the thirty (30) day period following the delivery of such notice, appropriate representatives of the various parties will meet and seek to resolve the disputed issue through negotiation, (iii) if representatives of the parties are unable to resolve the disputed issue through negotiation, then within fifteen (15) days after the period described in subsection (ii) above, the parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in Corpus Christi, Texas in accordance with the then existing rules (the "Rules") of the American Arbitration Association ("AAA"), and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any arbitration pursuant to this Agreement, (i) discovery shall be allowed and governed by the Rules, unless the parties hereto otherwise establish more streamlined rules of discovery, and (ii) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three(3) members, one of whom shall be appointed by each of the respective parties and the third of whom shall be the chair of the panel and be appointed by mutual agreement of said two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within fifteen (15) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the parties agree otherwise in writing, a single arbitrator), an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either party for equitable relief including, without limitation, preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by any court of appropriate jurisdiction; provided, that any party seeking equitable relief may seek such equitable relief in any appropriate court and in any jurisdiction where the party against whom such equitable relief is being sought is subject to personal jurisdiction and where venue is proper. 26. Third Party Beneficiary. Nothing contained herein is intended to confer any benefit or rights to persons not a party to this Agreement. 27. Construction. In this Agreement, unless the context otherwise requires (a) references to "the date hereof' mean as of the date of this Agreement; (b) words expressed in the singular include the plural and vice versa; words expressed in the masculine include the feminine and neuter gender and vice versa; (c) the words "hereto," "herein," "hereof," and "hereunder," and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (d) this "Agreement' or any other agreement or document shall be construed as a reference to this Agreement or, as the case may be, such other agreement or document as the same may have been, or may from time to time be, amended, novated, supplemented or varied; (e) "include," "includes," and "including" are deemed to be followed by the words "without limitation"whether or not they are actually followed by such words or words of similar import; and (f) the provisions of this Agreement shall be construed according to their fair meaning and neither for nor against any party hereto irrespective of which party caused 9 such provisions to be drafted, and no rule of strict construction shall be applied against any party hereto. Each of the parties hereto acknowledges that it has been represented by legal counsel in connection with the preparation, negotiation and execution of this Agreement and the transactions contemplated hereby. 28. Merger Clause. This Agreement and other agreements, instruments or certificates delivered on the Closing Date contain all of the terms and conditions agreed upon by the parties hereto with respect to the subject matter hereof, and no representation or warranty not specifically made, and no covenant or agreement not specifically referred to, herein shall be deemed to exist or to bind any of the parties hereto with respect to the subject matter hereof. This Agreement shall inure to the benefit and be binding upon the parties hereto and any permitted successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties hereto and their respective successors and permitted assigns any right or remedy under or by reason of this Agreement. 29. Amendments. This Agreement may be amended or waived only by written agreement signed by each party to this Agreement. 30. Entire Agreement. This Agreement and the other documents referred to or provided for herein represent the entire agreement among the parties with respect to the purchase and sale of the Distribution System. 31. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and shall become effective when one or more counterparts have been signed by each of the parties hereto and delivered to the other. Signed counterparts of this Agreement may be delivered by facsimile or by portable document format (.pdf) image and shall be deemed originals for all purposes hereunder. [SIGNATURE PAGE TO FOLLOW] 10 IN WITNESS WHEREOF, the parties hereto have caused this Asset Purchase and Sale Agreement to be duly executed as of the date of the last signature below. SELLER: CITY OF ROCKPORT, TEXAS By: Date: , 2025. Vanessa Schrauner City Manager BUYER: CITY OF CORPUS CHRISTI, TEXAS By: Date: , 2025. Name: Title: APPROVED AS TO LEGAL FORM: day of , 2025. Miles Risley, City Attorney Assistant City Attorney F:\2784 City of CC\36 Rockport\25 Asset Purchase Agmt 0725-final.docx 11 EXHIBIT A PURCHASED ASSETS All of the assets of the City of Rockport Natural Gas Distribution System serving the City of Rockport, Town of Fulton and Aransas County (the "Distribution System"), more particularly described below: (a) All customer information for the approximately 5,445 active customers, including 4,964 residential customers and 481 commercial customers. (b) Approximately 191 miles of pipelines comprising the Distribution System and the three (3) City Gates, including the North Gate and West Gate supplying the main integrated distribution system and the Lamar Gate independently serving Lamar. (c) The inventory listed on Exhibit A-1. (d) All odorization equipment used in supplying odorized natural gas. (e) All regulators, pressurization, de-pressurization and similar equipment used in connection with the Distribution System including the CNG Station located at Sonny Watkins Drive, Rockport, Texas. (f) All maps, drawings, plans, specifications and other documents, whether maintained in electronic form or paper form, for the Distribution System. (g) All maintenance records, schedules, reviews and procedures established or otherwise used in connection with the Distribution System. (h) All operating and emergency plans utilized in connection with the Distribution System. (i) All inventory of natural gas in the Distribution System as of the end of the Closing Date, together with all odorants and other supplies used in connection with the Distribution System. (j) All tools, equipment, instruments, and other devices or personal property assets (other than titled motor vehicles) used in connection with the operation and maintenance of the Distribution System. (k) All meters, whether in use or maintained as spares, replacements or for new installations I the Distribution System. (1) All intangible and proprietary rights, including, without limitation, all warranties, operating manuals, guides, copyright rights (and all tangible embodiments of all copyrights), used in connection with the equipment and operation of the Distribution System, except that it shall not include use of Seller's name. (m)All permits and other rights necessary for or associated with the operation of the Distribution System, to the extent assignable or transferable. (n) The Franchise Agreement with the Town of Fulton, all gas purchase agreements, including all rights under that Amendatory Agreement to Gas Sales Contract dated February 1, 1993, between Crosstex Gulf Coast Marketing Ltd. and Aransas Natural Gas Company, and all other assets reasonably necessary for the operation of the Distribution System and owned by Seller. EXHIBIT A-1 CITY OF ROCKPORT UTILITIES DEPARTMENT INVENTORY- Vatural Gas SEPTEMBER 2025 QTY. UNIT DESCRIPTION SIZE NOTES 0 Ea 2 lb Dial Indexes 5 Ea Anodes 9 lb 155 Ea Anodes 11b 14 Ea Anodes 17# 0 Ea Anodless Risers 3/4 Straight 0 Ea Anodless Risers 3/4 Curved 9 Ea Anodless Risers 1" Straight 48 Ea Anodless Risers 1" Curved 3 Ea Anodless Risers 1 1/4" Curved 2 Ea Anodless Risers 211 Curved 3 Ea Anodless Risers 1-1/141' Curved 0 Ea Bolt on Saddle 2x2 Continental 0 Ea Bolt on Saddle x3/4 Continental 0 Combustable Gas Detector TIF8800 0 Ea Completion Fittings Homemade For 3" pipe on F B Rd. 0 Ea Compression Elbow /4" Class 1A 2 Ea Compression Elbow 1" Class 1A 0 Ea Compression Elbow 1 1/4 Class 1A 10 Ea Compression Fitting " Class 1A 18 Ea Com ression Straight /4" Class 1A 59 Ea Compression Straight 1" Class A 11 Ea Compression Straight 11/4" Class A 8 Ea Compression Tees 1" Class 1A 4 Ea Compression Tees /4" Class 1A 0 Ea Compression Tees 1 1/4" Class 1 A 5 Ea Constab Caps 1 1/41' 0 Ea Constab Coupling " 0 Ea Constab Ells 1" 0 Ea Construction Signs 3 Bottles Copper/Sulfate 84 Ea Dial Covers Rockwell 32 Ea Dial Index 5# 275 Meter 3 Ea Dial Index 15# 750 Meter 0 Ea Dial Index # 50 Meter 0 Ea Dial Index(Digital) New 0 Ea Dial Index(Digital) Used 1 Ea Drive in Anodes 11b 0 Ea Duelco Grease 0 Ea Finks Caps Test Station 0 Ea Gas Light Mantles 0 Box/10 Gas Meter Locks 6 Can Grey Paint 15 Ea High Capacity EFV 1 50 cans Krycon Inverted Marking Paint 12 Pcs. Locator Balls 30 to a Box 4 Ea Lockwing Valves 11/2" 2 Ea Lockwing Valves 1 1/4" 47 Ea Lockwing Valves 1" 2 Ea Lockwing Valves " 1 Ea Lockwing Valves /4" 0 Ea Mechanical Chart Drives 2 Ea Medium Capacity EFV 3/4 0 Ea Medium Capacity EFV 1 1 Ea Meter 750 Invensus 0 Ea Meter 1000 Sensus 0 Ea Meter 1000 Sprague 0 Ea Meter 5000 2 Ea Meter 3000 11 Ea Meter 275 0 Ea Meter 400 Schumburger 1 Ea Meter 415 5 Ea Meter 1000 American 5 Ea Meter 250 American 1 Ea Meter 2300 American 6 Ea Meter 425 American 11 Ea Meter 800 American 0 Ea Needle Valve 1/4" 50 Ea Nipple /4"x 6" 0 Ea Pipe Joint Clamps /4'1 Skinner 0 Ea Pipe Joint Clams 1/21' Skinner 0 Ea Pipe Joint Clamps 1 1/41' Skinner 0 Ea Pipe Joint Clams 1 1/2" Skinner 0 Ea Pipe Joint Clamps 211 Skinner 0 Ea Plastic Tap black " x 3/41' Continental 0 Ea Plastic Tap Tee 1 1/2" x 3/4" 49 Ea Plastic Tap Tee 1 1/4" x 1" 0 Ea Plastic Tap Tee 1 1/4" x 3/4" 11 Ea Plastic Tees (SF) 1 1/2" 56 Ea Plug Steel 1" 3 Rolls Protective Tape Wrap 0 Ea Regulator 1/4" Orfice /4 x 3/4 Sensus 22 Ea Regulator 1/41' Orfice 1x1 Sensus 0 Ea Regulator 1/4" Orfice 1/2" 243-B Sensus 0 Ea Regulator 1/4" Orfice /4 x 3/4 American 0 Ea Regulator 3/4" Orfice 1 1/21' Fisher 5202 22 Ea Regulator 1/4" Orfice 1 X 1" 10 Ea Regulator 1/4" Brass Orfice 1 X 1" Yellow S r 4 Ea Regulator 3/8" Orifice 2 X 2" 1 Ea Regulator 3/4" Orfice 1-1/4 X 1/1/4" 1 Ea Regulator 7/8" Orifice 2 X 2" 0 Ea Regulator 5# 1" 0 Ea Regulator 5# 1 1/4 0 Ea Regulator 3/8 9 Ea Repair Clamp 4.00 x 8 SS1 6 Ea Repair Clamp 4.85 x 8 SS1 0 Ea Repair Clam 1 1/21lx6" 0 Ea Repair Clamp Yx611 22 Ea Repair Clamp 1 11x6" 1 Ea Repair Clamp 1 11x3" 12 Ea Repair Clamp /41lx6" 10 Ea Repair Clam /411x3" 0 Ea Repair Clamp 1/211x6" 0 Ea Repair Clam 1/2"x3" 0 Ea Repair Clam 1 1/4x12" 11 Ea Repair Clamp 1 1/4"x6" 0 Ea Repair Clam 1 1/4"x3" 3 Ea SF Elbows 1 Ea SF Reducer 3 x 2 5 Ea SF Tees 40 Ea Slip On Caps 1" Continental 6 Ea Slip On Caps /4 1' Continental 24 Ea Slip On Caps 1/2 0 Ea Slip On Coupling 1 1/4" ontinental 5 Ea Slip On Coupling 1" ontinental 0 Ea Slip On Coupling 1/2" ontinental 0 Ea Slip On Coupling /4"x 1" ontinental 3 Ea Slip on Couplings /4" �ontinental 7 Ea Slip On Tee 1/2" Continental 0 Ea Slip On Tee 1" 0 Ea Slip On Tee /4" 1 Ea Slip On Tee 11/4" 0 Ea SP Reducer " x 3/4" 0 Ea Steel Plus 1 1/2" 37 Ea Steel Plugs 1 1/41 13 Ea Steel Saddle " 0 Ea Steel Saddle " 6 Ea Steel Saddle " 0 Ea Steel Saddle 1 1/4 0 Ea Steel Saddle 1" x 1 1/4" 12 Ea Steel Saddle /4"x 1" 0 Ea Steel Saddle 1 1/2 Skinner 0 Ea Steel Saddle Tap 1/2"x 1/2" 0 Ea Steel Saddle Tap /4"x 3/4" 92 Ea Test Tee 1 x 1/4 x 1 0 Ea Test Tee /4 x 1/4 x 3/4 6 Rolls Tracer Wire 25 Ea Transition Fitting 3/4 18 Ea Transition Fittings 1 1/4" 60 jEa Transition Fittings 1" 8 Ea Transition Fittings " 4 Ea Transition Fittings " 0 Ea Transition Fittings No Threads 1 Ea Transition Flange Fitting 0 Ea Trident Seals 1"Wrap 1/2" 27 Ea. Trident Seals 2"Wrap " 34 Ea. Trident Seals 4"Wrap 2 1/2" 6 Ea Valve Cleaner 2 Ea Valve Flush al-Tex 0 Can Valve Grease #10 Dualco 874 ft. Yellow Pipe " 0 ft. Yellow Pipe 1/2 0 Ea Yellow Pipe Joints 40' " 0 Ea Dial Index 2# 275 0 Ea Steel Saddle 1 X 1" 0 Ea Steel Saddle 2 1/2" 11 Ea Trident Seal 1" 7 Ea Poly Valve R11 78 Ea Plastic Cap 1 1/4 159 Ea Anode Clam 510 ft. Pipe 1" 1787 ft. Pie 1 1/4" EXHIBIT B EXCLUDED ASSETS The following assets are specifically excluded from the purchase and sale transaction: (a) All cash, bank accounts and accounts receivable associated with the operation of the Distribution System through the Closing Date. (b) Any insurance claims, warranty claims or other claims arising or accruing prior to the Closing Date except as may be specifically assigned to Buyer. (c) Any websites, social media assets or similar assets used by Seller in connection with the Distribution System. (d) All motor vehicles with a certificate of title used on connection with the Distribution System. EXHIBIT C FORM OF BILL OF SALE BILL OF SALE Date: 12025. Seller: CITY OF ROCKPORT, TEXAS Buyer: CITY OF CORPUS CHRISTI, TEXAS Buyer's Mailing Address: 1201 Leopard Street Corpus Christi, Texas 78401 Consideration:$10.00 and other good and valuable consideration, the receipt of which is acknowledged. For value received Seller sells and delivers the Purchased Assets more particularly described on Exhibit A attached to Buyer and warrants and agrees to defend title to said Purchased Assets to Buyer and Buyer's successors and assigns, by, through, or under Seller but not otherwise, against all lawful claims. The Purchased Assets are being sold and conveyed on an AS IS and WITH ALL FAULTS basis. The warranties and representations of Seller expressly are limited pursuant to the terms and conditions of an Asset Purchase and Sale Agreement between Seller and Buyer. SELLER: CITY OF ROCKPORT, TEXAS By: Name: Title: STATE OF TEXAS § COUNTY OFARANSAS § This instrument was acknowledged before me on the day of 2025, by , the of the City of Rockport, Texas, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Resolution - Acquisition of Rockport Gas System Assets-7/29/25 • On May 6, 2023 during a special election the voters in Rockport granted their City Council the authority to sell the assets of the Natural Gas Distribution System. • In 2024 RBC Capital Markets, LLC was hired by the City of Rockport to manage the Sale of the of the Natural Gas Franchise and Distribution system. • CCGAS was contacted in November 2024 by RBC as a potential bidder and given access to confidential system information • On March 28, 2024, CCGAS submitted a non-binding indication of interest (proposal). • In late April that CCGAS was notified that they were the preferred bidder for the acquisition of the gas distribution system assets. Rockport Gas System Asset Purchase Overview • 4,700 Active Customers — 120,000 MCF Annual Consumption Lamar • 189 Miles of Pipeline (90% 2" or less, 10% 3"to 4") • 61% Poly • 39% Steel • 1 CNG Station (Similar in size to theme-, CCGAS CNG Station) F°"°° • Service Areas • Rockport `-- • Fulton RDrrport • Lamar • Aransas County OCL Customers V z c � r 5 Assets Rockport Fulton Lamar Gas Lines • CCGAS non-binding offer for the purchase of the Rockport gas distribution system assets. • Purchase Price- $5,500,000 • Ongoing Fee revenue for the Franchise and use of City Right of ways • Franchise Fee- 10% of gross customer meter fee revenue • Estimated Annual Franchise fee revenue • Rockport — $102,000 • Fulton— $17,000 A Franchise Fee is important to ensure that the City of Rockport and towns of Fulton and Lamar cooperate with and benefit from allowing CCGAS to utilize their Right-of-Ways while repairing, replacing, and expanding the gas distribution system. Asset Purchase and Sale Agreement • Purchase Price- $5,500,000 • Acquisition of additional assets to supplement City's existing utility business • "As-is" transaction with no existing liabilities of the seller being assumed . • Seller to continue account management services for a period of up to two years with remittance to buyer • Provides for the lease of an office and yard fora period of 3 years at $10.00 per year • Approval of franchise agreement prior to closing • Closing within 30 days of execution of the agreement Benefits to current CCGAS Customers • Use revenue from new business ventures to support CCGAS business and customers • Estimated Potential Revenue— $3,200,000 • Reduce Future Rate increases for Corpus Christi gas customers by capitalizing on new opportunities like regional expansion • Offset expenditures that correspond with current CCGAS customer rates using economies of scale • Increase profit margins by leveraging an effective workforce to operate smaller gas systems more efficiently • Use Net Revenues to increase funding for • Capital Improvement Projects (replacements and expansion) • Gas Customer Assistance Programs like Plumbers to People and Heat Help • Gas Employee Market Rate increases • Increase in General fund transfer se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Resolution for the City Council Meeting of July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Jeremy Valgardson, Interim Aviation Director Jeremyv2@cctexas.com 361-826-1777 Minimum Revenue Guarantee Funding Agreement — City of Corpus Christi and Visit Corpus Christi CAPTION: Resolution authorizing an Air Service Minimum Revenue Guarantee Agreement with Visit Corpus Christi (VCC) for funds promoting additional tourists to CCIA, in an amount totaling $100,000, with FY 2026 funding of$100,000 from VCC. SUMMARY: An MRG is a contractual agreement where a local entity, such as an airport or an economic development corporation, guarantees an airline a specified amount of revenue from ticket sales for a new service over a defined period. If the airline's actual revenue falls short of this guaranteed minimum, the local entity provides a cash payment to cover the shortfall. This mechanism directly mitigates the financial risk for the airline in launching a new route, making investment more attractive and feasible. Without such guarantees, smaller airports often struggle to compete with larger markets for new services, as airlines are hesitant to enter unproven markets, especially given the significant operational costs involved. This item is one of three items that make up the funding for an MRG for a new airline service to a western destination. This agreement is between the City of Corpus Christi, specifically the Corpus Christi International Airport (CCIA), and Visit Corpus Christi (VCC) in the amount of $100,000 for the community participation portion of the Small Community Air Service Development (SCASD) Grant. BACKGROUND AND FINDINGS: Attracting and maintaining new air service is vital for Corpus Christi's economic health. Minimum Revenue Guarantees (MRGs) are essential for smaller airports like CCIA to compete, as they reduce an airline's financial risk by guaranteeing a specific revenue amount for new service. This funding supports twice-weekly nonstop service to Denver via Frontier Airlines, operating Thursdays and Sundays from October 9th through August 16th, with potential for extension. The maximum liability for revenue shortfalls is $6,568 per departure, reconciled quarterly. The total MRG for this service is approximately $1.2 million. CCIA's initial commitment to this MRG is $787,579. This amount is comprised of a $437,579 federal match from the Small Community Air Service Development (SCASD) Grant and a $350,000 community share. This ordinance specifically appropriates the $100,000 from Visit Corpus Christi, which is a key part of the Airport's community share. The remaining $250,000 of the community share is approved by the Type B Corporation. This initiative is expected to significantly boost local economic development, tourism, and business travel by providing direct access to a major hub. ALTERNATIVES: Should the council not approve these funds, Frontier Airlines may not initiate or sustain the proposed nonstop service between Corpus Christi and Denver. FINANCIAL IMPACT: The financial impact is an amount not to exceed $100,000, to be funded by the Hotel Occupancy Tax (HOT) from Visit Corpus Christi in FY 2026. Funding Detail: Fund: 1055 Organization/Activity: 800070L — MRG Visit Corpus Christi Department: 53 - Aviation Project # (CIP Only): N/A Account: 530125—Airline Reimbursement Amount: $100,000.00 RECOMMENDATION: Staff recommends approval of the agreement between Visit Corpus Christi and the Corpus Christi International Airport for an amount not to exceed $100,000, funded by the Hotel Occupancy Tax (HOT) in FY 2026. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing an Air Service Minimum Revenue Guarantee Agreement with Visit Corpus Christi (VCC) for funds promoting additional tourists to CCIA, in an amount totaling $100,000, with FY 2026 funding of$100,000 from VCC. WHEREAS, on August 3, 2022, the Corpus Christi International Airport (CCIA) was awarded a $437,579 federal match air service development grant from the U.S. Department of Transportation; WHEREAS, the SCASD grant is a federal matching grant in the amount of $437,579, plus a match of $350,000, totaling $787,579. WHEREAS, The SCASD grant aims to ensure a Minimum Revenue Guarantee to provide financial incentives to airline carriers, conduct studies on the possibilities of expanded service, and carry out marketing programs to promote existing local services; WHEREAS, as part of the SCASD grant program, the City will enter into an Air Service Agreement totaling $787,579, with Airline for new air service from Corpus Christi to a Western destination; WHEREAS, this Air Service Agreement between the City and the Airline outlines the commitment of $787,579, towards the Minimum Revenue Guarantee for this new air service to Denver Colorado, and sourced from a $437,579 federal SCASD match grant, a $350,000 community share contribution from Visit Corpus Christi in the amount of $100,000, plus contingent from Type B Corporation Funds in the amount of $250,000-1 WHEREAS, there will also be a Minimum Revenue Guarantee secondary funding contract between Airline and Corpus Christi B Corporation committing $394,747 to the Minimum Revenue Guarantee should the SCASD grant funds be fully utilized; and WHEREAS, this Minimum Revenue Guarantee Agreement with VCC and City will total$100,000, and the agreement term will be from October 9, 2025, to August 16, 2026, funding the business expansion of CCIA with the new transportation system HUB, Frontier Airlines, to bring additional tourists to Corpus Christi pursuant to Texas Tax Code Section 351.101 . Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this minimum revenue guarantee air service agreement with Visit Corpus Christi, totaling $100,000, for a term from October 9, 2025 to August 16, 2026, and subject to appropriation of funds. Section 2. The City Manager, or designee, is authorized to execute all documents necessary for an Air Service Minimum Revenue Guarantee Agreement with Visit Corpus Christi totaling $100,000. PASSED AND APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Resolution #25-1 180 Page 2 of 2 SC 0 v ,NQRPO0.PS EO AGENDA MEMORANDUM x852 Action Item for the City Council Meeting of July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Jeremy Valgardson, Interim Aviation Director Jeremyv2@cctexas.com 361-826-1777 Minimum Revenue Guarantee Funding Agreement — Type B Corporation and City of Corpus Christi CAPTION: Resolution authorizing the execution of a Revenue Guarantee Agreement with Corpus Christi B Corporation as part of the B Corporation's Air Service Minimum Revenue Guarantee Project, in an amount totaling $250,000, with FY 2026 funding of$250,000 from Type B Corporation. SUMMARY: An MRG is a contractual agreement where a local entity, such as an airport or an economic development corporation, guarantees an airline a specified amount of revenue from ticket sales for a new service over a defined period. If the airline's actual revenue falls short of this guaranteed minimum, the local entity provides a cash payment to cover the shortfall. This mechanism directly mitigates the financial risk for the airline in launching a new route, making investment more attractive and feasible. Without such guarantees, smaller airports often struggle to compete with larger markets for new services, as airlines are hesitant to enter unproven markets, especially given the significant operational costs involved. This item is one of three items that make up the funding for an MRG for a new airline service to a western destination. This agreement is between the Type B Corporation and the City of Corpus Christi in the funding amount of $250,000 for the community participation portion of the Small Community Air Service Development (SCASD) Grant. BACKGROUND AND FINDINGS: On July 21, 2025, the Corpus Christi Type B Corporation approved funding for a Minimum Revenue Guarantee program to support crucial new air service at Corpus Christi International Airport (CCIA). This allocation is part of a broader strategy to significantly boost regional air connectivity. Attracting and maintaining new air service is vital for the economic health of communities, especially for small to medium-sized airports like CCIA. To compete in the airline industry, Minimum Revenue Guarantees (MRGs) are essential. An MRG is a contractual agreement where a local entity guarantees an airline a specific amount of revenue for a new service. If actual revenue falls short, the local entity covers the difference, reducing the airline's financial risk. This mechanism is critical for smaller airports to secure new routes against larger markets. This approved funding supports new nonstop service between Corpus Christi and Denver, Colorado, via Frontier Airlines. The service will operate twice weekly, on Thursdays and Sundays, from October 9th through August 16th, with potential for extension. The maximum liability for revenue shortfalls is $6,568.00 per departure, with reconciliations occurring quarterly. The total MRG for this service is approximately $1.2 million. The initial agreement between CCIA and Frontier Airlines commits $787,579.00 towards this MRG. This amount is sourced from a $437,579.00 federal match from the Small Community Air Service Development (SCASD) Grant and a $350,000.00 community share. Of the community share, $250,000.00 will come from Type B sales tax funds. This agreement specifically authorizes the appropriation of $250,000.00 from the Type B Economic Development Fund to CCIA. These funds are a key part of the Airport's community share, enabling CCIA to fulfill its commitment to this vital new air service. This initiative is expected to significantly benefit local economic development, tourism, and business travel by providing direct access to a major hub and extensive connections across the western United States, aligning with our goals for robust transportation infrastructure. ALTERNATIVES: The council could choose not to fund this agreement, resulting in Frontier Airlines not initiating or sustaining the proposed nonstop service between Corpus Christi and Denver, Colorado. FINANCIAL IMPACT: The financial impact is an amount not to exceed $250,000.00 to be funded with the Type B Economic Development Fund in FY 2026. Fund: 1055 Organization/Activity: 800070M — MRG Type B Funding Department: 53 - Aviation Project # (CIP Only): N/A Account: 530125—Airline Reimbursement Amount: $250,000.00 RECOMMENDATION: Staff recommends approval of the agreement between the Corpus Christi B Corporation (Type B) and the Corpus Christi International Airport in an amount not to exceed $250,000.00 to be funded by the Type B Economic Development Fund in FY 2026. LIST OF SUPPORTING DOCUMENTS: Resolution authorizing the execution of a Revenue Guarantee Agreement with Corpus Christi B Corporation as part of the B Corporation's Air Service Minimum Revenue Guarantee Project, in an amount totaling $250,000, with FY 2026 funding of$250,000 from Type B Corporation. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 2, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1 , 2018, to be administered by the Corporation's Board of Directors ("Board"), and allowing for economic development projects that expand business enterprises and create primary jobs; WHEREAS, on August 3, 2022, the Corpus Christi International Airport (CCIA) was awarded a $437,579 federal match air service development grant from the U.S. Department of Transportation; WHEREAS, the SCASD grant is a federal matching grant in the amount of $437,579, plus a match of $350,000, totaling $787,579. WHEREAS, The SCASD grant aims to ensure a Minimum Revenue Guarantee to provide financial incentives to airline carriers, conduct studies on the possibilities of expanded service, and carry out marketing programs to promote existing local services; WHEREAS, as part of the SCASD grant program, the City will enter into an Air Service Agreement totaling $787,579, with Frontier Airline for new air service from Corpus Christi to Denver, Colorado, sourced from a $437,579 federal SCASD match grant, a $350,000 community share contribution from Visit Corpus Christi in the amount of $100,000, plus Type B Corporation Funds in the amount of $250,000 under the B Corporation's Air Service Minimum Revenue Guarantee Project; WHEREAS, there will also be a Minimum Revenue Guarantee secondary funding contract between Frontier Airline and Corpus Christi B Corporation committing $394,747 under the Air Service Minimum Revenue Guarantee project; WHEREAS, this Minimum Revenue Guarantee secondary layered funding source from the Type B Corporation in the amount of $394,747 will be committed through a separate, concurrent agreement, ensuring the full Minimum Revenue Guarantee commitment is met, totaling $1 ,182,326, and committing up to $700,000 in Type B funds for the Air Service Minimum Revenue Guarantee project; and WHEREAS, the Air Service Minimum Revenue Guarantee Project was approved by the Corpus Christi B Corporation Board at a public hearing held on July 21 , 2025, when the B Corporation Board found that the project will stimulate economic growth in offering the City of Corpus Christi a new hub that connects to the Western half of the United States, bringing more travelers to Corpus Christi to use CCIA, and creating or retaining primary jobs pursuant to Texas Local Government Code Section 505.155-1 and WHEREAS, the execution of a Revenue Guarantee Agreement with Corpus Christi B Corporation in an amount totaling $250,000, and for a term from October 9, 2025, to August 16, 2026, will promote business expansion and bring additional tourists to City. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this B Corporation Air Service Minimum Revenue Guarantee Agreement, totaling $250,000, and for a term from October 9, 2025, to August 16, 2026. Section 2. No funds approved by this resolution may be expended until 60 days have passed following the public hearing held at the Corporation's Board meeting on July 21 , 2025, and subject to appropriation. Section 3. The City Manager, or designee, is authorized to execute all documents necessary for an Air Service Minimum Revenue Guarantee Agreement with the Corpus Christi B Corporation totaling $250,000. PASSED AND APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RESOLUTION #25-1 181 Page 2 of 3 RESOLUTION #25-1 181 Page 3 of 3 se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Action Item for the City Council Meeting of July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Jeremy Valgardson, Interim Aviation Director Jeremyv2@cctexas.com 361-826-1777 Minimum Revenue Guarantee Funding Agreement — Type B Corporation and Frontier Airlines CAPTION: Resolution authorizing a secondary Revenue Guarantee Agreement with Frontier Airlines and Corpus Christi B Corporation, as part of the secondary funding source for the Air Service Minimum Revenue Guarantee Project, in an amount totaling $394,747, with FY 2026 funding of$394,747 from Type B Corporation. SUMMARY: An MRG is a contractual agreement where a local entity, such as an airport or an economic development corporation, guarantees an airline a specified amount of revenue from ticket sales for a new service over a defined period. If the airline's actual revenue falls short of this guaranteed minimum, the local entity provides a cash payment to cover the shortfall. This mechanism directly mitigates the financial risk for the airline in launching a new route, making investment more attractive and feasible. Without such guarantees, smaller airports often struggle to compete with larger markets for new services, as airlines are hesitant to enter unproven markets, especially given the significant operational costs involved. This item is one of three items that make up the funding for an MRG for a new airline service to a western destination. This agreement is between the Type B Corporation and the City of Corpus Christi in the funding amount of $250,000 for the community participation portion of the Small Community Air Service Development (SCASD) Grant. BACKGROUND AND FINDINGS: On July 21, 2025, the Corpus Christi Type B Corporation committed up to $700,000 to the Corpus Christi International Airport. This funding will support Frontier Airlines' new nonstop service to Denver, Colorado. The total amount combines a federal Small Community Air Service Development (SCASD) grant with local community funds, including $250,000 from Type B Economic Development Funds, approved via a separate agreement with the Airport. This service, operating twice weekly on Thursdays and Sundays from October 9th to August 16th (with potential extension), will significantly enhance regional air connectivity. Attracting and sustaining new air service is vital for the economic health of communities, especially for small to medium-sized airports. In the highly competitive airline industry, Minimum Revenue Guarantees (MRGs) are essential tools. An MRG is a contractual agreement where a local entity guarantees an airline a specified amount of revenue for a new service over a defined period. If actual revenue falls short, the local entity covers the difference, directly mitigating the airline's financial risk. Without such guarantees, smaller airports often struggle to secure new routes against larger markets due to significant operational costs and airline hesitation to enter unproven markets. This approved funding supports new nonstop service between Corpus Christi and Denver, Colorado, via Frontier Airlines. The service will operate twice weekly, on Thursdays and Sundays, from October 9th through August 16th, with potential for extension. The maximum liability for revenue shortfalls is $6,568.00 per departure, with reconciliations occurring quarterly. The total MRG commitment for this new service is approximately $1.2 million. This commitment is funded through multiple layers: • Initial Layer ($787,579.00): This amount is committed through a separate agreement between the Corpus Christi International Airport (CCIA) and Frontier Airlines. Funding for this layer includes a federal Small Community Air Service Development (SCASD) grant and local community funds, with $250,000.00 from Type B Economic Development Funds approved through a separate agreement with the Airport. • Subsequent Layer ($394,747.00): The Type B Economic Development Funds addressed by this current ordinance will serve as the next layer of funding. These funds will only be utilized after the initial $787,579.00 committed through the separate CCIA-Frontier agreement has been fully expended. This layered funding approach ensures the total MRG commitment is met, securing a vital route anticipated to significantly contribute to local economic development, tourism, and business travel. It provides direct access to a crucial hub with extensive onward connections across the western United States, aligning with our strategic goals to support robust transportation infrastructure. ALTERNATIVES: The Type B Board could choose not to fund this agreement, resulting in Frontier Airlines not initiating or sustaining the proposed nonstop service between Corpus Christi and Denver, Colorado. FINANCIAL IMPACT: The financial impact is an amount not to exceed $394,747 to be funded with the Type B Economic Development Fund in FY 2026. Funding Detail: Fund: 1055 Organization/Activity: 800070M — MRG Type B Funding Department: 53 - Aviation Project # (CIP Only): N/A Account: 530125—Airline Reimbursement Amount: $394,747.00 RECOMMENDATION: Staff recommends approval of the Frontier Airlines agreement in an amount not to exceed $394,747 to be funded by the Corpus Christi B Corporation in FY 2026. LIST OF SUPPORTING DOCUMENTS: Resolution authorizing a secondary Revenue Guarantee Agreement with Frontier Airlines and Corpus Christi B Corporation, as part of the secondary funding source for the Air Service Minimum Revenue Guarantee Project, in an amount totaling $394,747, with FY 2026 funding of$394,747 from Type B Corporation. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 2, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1 , 2018, to be administered by the Corporation's Board of Directors ("Board"), and allowing for economic development projects that expand business enterprises and create primary jobs; WHEREAS, on August 3, 2022, the Corpus Christi International Airport (CCIA) was awarded a $437,579 federal match air service development grant from the U.S. Department of Transportation; WHEREAS, the SCASD grant is a federal matching grant in the amount of $437,579, plus a match of $350,000, totaling $787,579. WHEREAS, The SCASD grant aims to ensure a Minimum Revenue Guarantee to provide financial incentives to airline carriers, conduct studies on the possibilities of expanded service, and carry out marketing programs to promote existing local services; WHEREAS, as part of the SCASD grant program, the City will enter into an Air Service Agreement totaling $787,579, with Frontier Airline for new air service from Corpus Christi to Denver, Colorado, sourced from a $437,579 federal SCASD match grant, a $350,000 community share contribution from Visit Corpus Christi in the amount of $100,000, plus Type B Corporation Funds in the amount of $250,000 under the B Corporation's Air Service Minimum Revenue Guarantee Project; WHEREAS, there will also be a Minimum Revenue Guarantee secondary funding contract between Frontier Airlines and Corpus Christi B Corporation totaling $394,747 under the Air Service Minimum Revenue Guarantee project; WHEREAS, this Minimum Revenue Guarantee secondary layered funding source from the Type B Corporation in the amount of $394,747 will be committed through a separate, concurrent agreement, ensuring the full Minimum Revenue Guarantee commitment is met, totaling $1 ,182,326, and committing up to $700,000 in Type B funds for the Air Service Minimum Revenue Guarantee project; and WHEREAS, the Air Service Minimum Revenue Guarantee Project was approved by the Corpus Christi B Corporation Board at a public hearing held on July 21 , 2025, when the B Corporation Board found that the project will stimulate economic growth in offering the City of Corpus Christi a new hub that connects to the Western half of the United States, bringing more travelers to Corpus Christi to use CCIA, and creating or retaining primary jobs pursuant to Texas Local Government Code Section 505.155; and WHEREAS, the execution of a Secondary Revenue Guarantee Agreement with Corpus Christi B Corporation in an amount totaling $394,747, and for a term from October 9, 2025, to August 16, 2026, will promote business expansion and bring additional tourists to City. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this B Corporation Air Service Minimum Revenue Guarantee Agreement; and hereby authorizes the project agreement with B Corporation and Frontier Airlines totaling $394,747 from Type B Corporation funds, and for a term from October 9, 2025 to August 16, 2026. Section 2. No funds approved by this resolution may be expended until 60 days have passed following the public hearing held at the Corporation's Board meeting on July 21 , 2025, and subject to appropriation. PASSED AND APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RESOLUTION #25-1 181 Page 2 of 2 se GO � O� A H /NCOOPOR AGENDA MEMORANDUM 1852 City Council Meeting of July 29, 2025 DATE: July 24, 2025 TO: Peter Zanoni, City Manager FROM: Brett Van Hazel P.E., Inner Harbor Program Management Office Director brettvh@cctexas.com 361-826-3273 Contract Amendment Inner Harbor Water Treatment Campus Amendment No. 5 - 60% Design and Guaranteed Maximum Price Development CAPTION: Motion authorizing amendment No. 5 to the Design-Build Contract with Kiewit Infrastructure South Co. of Westlake, Texas to continue design development to a 60% design and develop a guaranteed maximum price proposal for the Inner Harbor Water Treatment Campus (IHWTC) Project, on a cost reimbursable basis for a not to exceed amount of $50,000,000.00, for a total contract price up to $97,635,177.98, located in Council District 1, with FY 2025 funding available from the Water Capital Fund. SUMMARY: Kiewit Infrastructure South Co. Inc. originally planned on submitting amendment No. 5 as a lump sum proposal but have since agreed to executing the amendment on a cost reimbursable basis for a not to exceed amount of $50,000,000. Kiewit Infrastructure South Co. Inc. and City staff believe a cost reimbursable amendment provides for the highest-level transparency for the design development process and provides increased accountability for all design expenses. This amendment authorizes additional funding for Kiewit Infrastructure South Co. Inc. to continue design development to a 60% design and development of a detailed guaranteed maximum price (GMP)(i.e. a not to exceed price) based on the completed 60% design. The GMP would be presented at City Council for a vote to commit to project construction in December 2025. BACKGROUND AND FINDINGS: On June 25, 2024 City Council approved Resolution 033396 authorizing the execution of a contract and subsequent amendment(s), following the Request for Proposals (RFP), with the selected design-build firm for design services for the Inner Harbor Seawater Desalination Treatment Plant Project in the estimated amount of $68,000,000, authorizing execution of Phase 1A, Phase 1 B, and early work packages in the estimated amount of $69,250,000, and authorizing funds for the acquisition of property in the estimated amount up to $5,000,000, for a total amount not to exceed $138,000,000; and determining all cost attributable to Raw Water; with funding available from the State Water Implementation Fun for Texas (SWIFT). In addition, on June 25, 2024, City Council approved an ordinance authorizing amendment number three to the Master Services Agreement (MSA) with Freese and Nichols in an amount up to $12,000,000 for to the Inner Harbor Seawater Desalination Treatment Plant Project for Procurement Support Services for a total amount of $21,033,994. This approved MSA amendment authorized efforts for preconstruction phase services. On December 2, 2024, the City executed an agreement with Kiewit Infrastructure South Co. Inc., naming them the Design-Builder for the IHWTC. As the Design-Builder they shall perform all design and construction services, and provide all material, equipment, tools and labor necessary to complete work as specified or indicated in the Contract Documents. The project scope is broken up into three phases, Phase 1(A and B): 1A- Planning, Pilot Protocol, and Basis of Design and 1 B — Design (10 — 60%), Early Works, and GMP, Phase 2: Construction and Final Design (60— 100%), and Phase 3: Operation and Maintenance (1 Year). As part of Phase 1 the Design- Builder shall submit design documents at the 10%, 30%, 60% and final construction document intervals. On June 24, 2025 City Council authorized an amendment to Resolution 033396 instructing the City Manager to follow normal procurement procedures for all future purchases, contracts, and amendments for the Inner Harbor Desalination Treatment Plant Project. The intent of this amendment is to require that all future contracts and amendments exceeding $50,000 be brought back to City Council for authorization prior to execution. Previously executed amendments include: • Amendment No. 1: Main process technology supplier support, medium voltage transformer support and hold, GHD intake and discharge modeling • Amendment No. 2: Demonstration Construction and Operation • Amendment No. 3: Critical Procurement Development • Amendment No. 4: Design Development Time and Material Future amendments requiring City Council authorization include: • Amendment No. 5: Design Development (up to 60% Design + GMP) • Amendment No. 6: Utility Relocation/Demolition Early Work Package • Amendment No. 7: Site Grading Early Work Package • Amendment No. 8: Underground Utilities Early Work Package • Amendment No. 9: Foundations/Pipeline Early Work Package PROJECT TIMELINE: Amendment No. 5 adds 169 calendar days to the contract duration. The new Phase 1 contract completion date is January 16, 2026. ALTERNATIVES: In lieu of an amendment authorizing additional funding for Kiewit Infrastructure South Co. Inc. to continue design development to a 60% design and development of a detailed GMP, a new amendment authorizing Kiewit Infrastructure South Co. Inc. to continue design development to a 30% design is an option for City Council for consideration and approval. The estimated not to exceed value of the 30% design amendment is between $20,000,000 and $25,000,000. If approved, City staff would return to City Council after completion of the 30% design with a request for authorization to continue the design development to a 60% design and development of a detailed GMP. The estimated not to exceed value of the 60% design amendment is between 2 $25,000,000 and $30,000,000. If this alternative option is selected the combined total of both amendments will not exceed $50,000,000. Another alternative is that the City Council could choose not to approve the Amendment No. 5 to Kiewit Infrastructure South Co. Inc. and pursue no further design development efforts. Not approving the amendment or alternative amendment options will require the City to notify Kiewit Infrastructure South Co. Inc. and Freese and Nichols (City owner's agent) of the City's intent to terminate their contracts. The City will identify all work that has already commenced and needs to be completed prior to the effective date of termination. Both Kiewit Infrastructure South Co. Inc. and Freese and Nichols would submit a final invoice for work performed within 45 days of notice of termination. A total of$757,000,000 in low interest loans from the Texas Water Development Board (TWDB) through the State Water Implementation Fund for Texas (SWIFT) program has been committed to the City for the IHWTC, of which $232,000,000 in bonds has been sold. If the project is cancelled the City would be responsible for approximately $72,500,000 in interest payments until the outstanding bonds could be called at 10 years. The City would also need to pay back all principal already spent, which is approximately $40,000,000. At the 10-year call date, the City would pay back the unspent funding, or defease, the bonds. The total unspent funding that would be paid back is approximately $192,000,000 ($232,000,000 sold bonds minus the $40,000,000 already spent). In summary, cancelling the project now would cost the City a total of$112,500,000 over the next 10 years in interest payment plus the principal already spent. A legal consideration is the Internal Revenue Service (IRS) has "spend down" requirements for tax-exempt bonds. If no spending is reported, the city would be subject to an audit and non- compliant with state and federal tax laws related to the bonds. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2025 is $50,000,000, with funding available from the Water Capital Fund. The utilization of TWDB low-interest loans is projected to save approximately $130,000,000 in debt repayment over the 30-year loan period. These loans are not transferable to other City projects, according to TWDB. In 2018, the City Council approved the implementation of the Voluntary Drought Surcharge Exemption Fee that is charged to Large Volume Users at a rate of $0.31 per 1,000 gallons. To date, the fee has generated over $30,000,000 and is projected to generate an additional $180,000,000 over the next 30 years, which will be utilized for the debt repayment. This fee was designed to pay for the development of a drought-proof supply and cannot be used to pay for water leases or take-or-pay contracts. All TWDB Loan applications are competitive and not guaranteed. To receive a SWIFT loan, the applicant must first submit an Abridged (or preliminary) application to be eligible to apply for the funding. If the applicant is selected, they are then invited to submit a full application. The City has been selected and invited to apply for all loan requests. For SWIFT III, the City competed against dozens of cities around Texas and was ultimately awarded the loan. The same process was followed for SWIFT I and SWIFT II. TWDB could have loaned these funds to other projects across the State of Texas. The City Council has received presentations and taken affirmative votes to apply for permits, execute contracts, and issue debt related to the desalination project. 3 FUNDING DETAIL: Fund: Water CIP SWIFT Loan 2 (Fund 4488) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Inner Harbor Water Treatment Campus (Project E15117) Account: Outside Consultant (550950) Activity: E1 51 1 701 4488EXP Amount: $50,000,000 RECOMMENDATION: Staff recommends approval of Amendment No. 5 in a not to exceed amount of$50,000,000 with Kiewit Infrastructure South Co. Inc., of Westlake, Texas, for the Inner Harbor Water Treatment Campus (IHWTC) Project. LIST OF SUPPORTING DOCUMENTS: Amendment No. 5 Design Proposal COF - Inner Water Treatment Campus Amendment No. 5 Contract Amendment No. 5 4 Attachment A -Inner Harbor Water Treatment Campus Amendment Phase 18 Step 5 Amendment Summary: Time and Material Design Phase Services Summary This amendment continues the design services initiated in the executed Step 4 amendment, authorizing Kiewit to progress from 10%to 60%design on a time and material basis with a Not to Exceed amount of $50,000,000. Major deliverables include a 30%design package, cost model update, demonstration plant engineering support, 60% design package, and a detailed guaranteed maximum price (GMP) proposal. The contract duration will be extended by 169 calendar days, with a new completion date of January 16, 2026. Time and Material Process Design services will be invoiced monthly based on actual hours worked at established billable rates plus a 17%fee. The total cost shall not exceed $50,000,000. This process ensures transparency and aligns with planning and budgeting needs. Meeting Structure Meetings are structured across daily, weekly, monthly, quarterly, and workshop formats. These include internal discipline task force meetings, client progress meetings, risk reviews, model walks, Texas Water Development Board and Texas Commission on Environmental Quality meetings, and city council preparatory sessions. Workshops will focus on cost model updates, GMP reviews, and design decision meetings. Vendor/Subcontractor Inclusion Vendors and subcontractors are integrated into procurement and design processes. Technical bid assessments and recommendations will be issued for key work packages. Vendor drawing coordination and collaboration ensures alignment with construction and fabrication details. Cost Model and GMP Development A 30%cost model update and project cost check-in will precede the GMP proposal.The GMP will include a cost estimate breakdown, baseline schedule, and geotechnical reports. The Phase 3 maintenance and operation estimate will also be included. Deliverables and Dates Key deliverables and tentative dates include: • 30% Design Package: September 6, 2025 • 30%Cost Model Update: September 6, 2025 • 60% Design Package: November 1, 2025 • GMP Proposal: November 1, 2025 • Phase 2 -Construction Schedule: November 15, 2025 • Phase 3 - Maintenance and Operations Proposal: November 15, 2025 1 End Goal: Cost Certainty by Year-End The ultimate objective is to deliver a GMP package by the end of the year, ensuring cost certainty for the project. All design, procurement, and planning efforts are aligned to support this goal. 2 SC 00 � 0� � H U "OR Pon Al 1852 00 52 26A DESIGN-BUILD AGREEMENT - PHASE 1B STEP 5 AMENDMENT This Amendment for the Project is between the City of Corpus Christi (Owner) and Kiewit Infrastructure South Company (Design-Builder). Owner and Design/Builder agree as follows: Original Contract December 2, 2024 Resolution 033396 $9,245,347.00 Phase 1B Step 1 Amendment April 15, 2025 Resolution 033396 $4,708,860.39 Phase 1B Step 2 Amendment June 30, 2025 Resolution 033396 $12,000,000.00 Phase 1B Step 3 Amendment June 5, 2025 Resolution 033396 $1,680,970.59 Phase 1B Step 4 Amendment June 12, 2025 Resolution 033396 $20,000,000.00 In the original Contract, Section 00 52 26 Agreement, is amended as follows: ARTICLE 5—PHASE 113—DESIGN SERVICES 5.02 Contract Price A. Owner will pay Design-Builder in accordance with the Contract Documents an amount not to exceed $50,000,000.00, for a total Contract Price not to exceed $97,635,177.98, as full and total compensation, including all expenses for the Phase 1B Step 5 Scope of Work attached as Attachment A. B. Submit invoices monthly, as shown in Exhibit G of the Contract Documents,with a statement detailing Work performed, actual number of hours worked at established billable rates, detailed expenses with receipts attached and an estimate of the proportion of Phase 1B services completed at the time of billing. 5.03 Contract Time A. Phase 1B Step 5 is required to be completed by January 16, 2026. Owner may, in its sole discretion, elect to: 1. Extend the time for the provision and completion of Phase 1B Step 5; or 2. Terminate this Agreement pursuant to Article 9 of this Agreement. Design/Build Agreement—Phase 1B Step 5 Amendment 00 52 26- 1 Inner Harbor Seawater Desalination Treatment Plant(E15117) Rev 10/2024 CONTRACT DOCUMENT SIGNATURES CITY OF CORPUS CHRISTI KIEWIT INFRASTRUCTURE SOUTH CO. Jeff H. Edmonds, P.E. Tony Joyce Director of Engineering Services Senior Vice President APPROVED AS TO LEGAL FORM: Design/Build Agreement—Phase 1B Step 5 Amendment 00 52 26- 2 Inner Harbor Seawater Desalination Treatment Plant(E15117) Rev 10/2024 Aw- ccw Inner Harbor Water Treatment Campus Contract Amendment No . 5 Agenda Item No . 25- 1175 City Council Presentation July 29, 2025 Project Update Demonstration Plant Update: Overall Construction is 20% complete Discharge water line 90% complete Plant site prep is 90% complete U.S. Department of Housing and Urban Development has issued a letter notifying the City that all complaints on the Inner Harbor Water Treatment Campus (IHWTC) filed under Title VIII, Title VI, and Section 109 in this matter will be administratively closed Contract Spend Update: Kiewit spent to date - $17.7M Freese and Nichols spent to date - $11.8M Total spent to date - $29.5M Total encumbered to date - $47.6M Amendment SummaryP . This item considers approval to execute contract amendment No. 5 to the Design-Build Contract with Kiewit Infrastructure South Co. Inc. (Kiewit), for the IHWTC Project, on a cost reimbursable basis for a not to exceed amount of $50,000,000 for a total contract price up to $97,635,178 The project is currently at a 10% design development stage. Execution of this amendment allows Kiewit to continue design development to a 60% design and develop a detailed guaranteed maximum price (GMP) Amendment Backround g Ph,_. --I • On December 2, 2024, the City executed an agreement with Kiewit, naming them the Design-Builder for the IHWTC • Project scope is broken up into three phases, with Phase 1 including planning, design (0 - 60%), early work packages, and the cost model • As part of Phase 1 Kiewit is responsible for submitting design deliverables at set intervals to include: a basis of design report (10% design), 30% design, and a 60% design Amendment Scope • Project is currently at 10% design development stage • Execution of this amendment allows Kiewit to continue design development to a 60% design and develop a detailed GMP Design deliverables: 30% Design + Cost Model Update 60% Design + GMP Value: $50,000,000 (Not to Exceed) Execution Method: Cost Reimbursable Design Timeline August September October November December 30% Design Development 60% Design Development+GM Review and Present at City Council Alternative No. 1 ,-00 -1 In lieu of an amendment authorizing Kiewit to continue design development to a 60% design and development of a detailed GMP, a new amendment authorizing Kiewit to continue design development to a 30% design can be considered by City Council for approval Design deliverables: 30% Design + Cost Model Update Value: $20,000,000 - $25,000,000 (Not to Exceed) Execution Method: Cost Reimbursable A future amendment to authorize Kiewit to continue design development to a 60% design and develop a detailed GMP would be presented to Council at a future date and is valued between $25,000,000 and $30,000,000. Both amendments will not exceed $50,000,000. E Alternative No . 1 Timeline August September October November December Review and Review and Present at 30% Design Development Present at City 60% Design Development+GMP City Council Council Alternative No. 2 City Council could choose not to approve the Amendment No. 5 to Kiewit or Alternative No. 1 and pursue no further design development efforts Next Steps: • Immediate issuance of an intent to terminate to Kiewit and Freese and Nichols • Determine total financial liabilities (State Water Implementation Fund for Texas (SWIFT) loan interest + principal spent to date) • Evaluate impact to Voluntary Drought Surcharge Exemption Fee • Evaluate IRS "spend down" requirements and potential impact to City • Notify the Texas Water Development Board of our intent to cancel the project and no longer utilize the balance of the approved low interest loans QUESTIONS ? Se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Miles Risley, City Attorney milesr@cctexas.com (361) 826-3361 Discussion of consequences in response to violations of the rules of decorum CAPTION: Discuss potential consequences to be utilized in response to violations of the rules of decorum by the public during the City Council meetings. SUMMARY: Discuss violations of the rules of decorum. BACKGROUND AND FINDINGS: Violations of the rules of decorum may be addressed with sanctions ranging from admonishment to termination of comment to removal from the meeting, depending on the severity and type of violation. ALTERNATIVES: City Council could choose not to change the rules of decorum. FISCAL IMPACT: There is no fiscal impact from this action. RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, July 29, 2025 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. President Everett Roy calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Officers Everett Roy, President Peter Zanoni, General Manager Roland Barrera, Vice President Heather Hurlbert, Asst. General Manager Sylvia Campos Rebecca Huerta, Secretary Eric Cantu Stephanie Box, Asst. Secretary Paulette Guajardo Julie Sandoval, Treasurer Gil Hernandez Judy Villalon, Asst. Treasurer Kaylynn Paxson Mark Scott Carolyn Vaughn 3. PUBLIC COMMENT Members of the audience will be provided with an opportunity to speak at the Corporation meeting. A recording is made at these meetings. Hence, when addressing the Corporation, please give your name and the city in which you live and state your point as briefly as possible. Each speaker is limited to a total of no more than three minutes. Please be advised that the Open Meetings Act prohibits the board members from responding to or discussing your comments at length. The law only authorizes them to do the following: 1) Make a statement of factual information; 2) Recite an existing policy in response to the inquiry; or 3) Advise the citizen that this subject will be placed on an agenda at a later date. 4. Approve minutes of June 17, 2025 Board meeting 5. Motion authorizing the General Manager to solicit proposals from qualified firms, execute a contract in an amount not to exceed $150,000.00, enter into a Cooperation Agreement with the Corpus Christi Housing Authority, and expend up to $75,000 from Corpus Christi Housing Finance Corporation funds to develop a Housing Needs Assessment and Housing Toolkit that identifies Corpus Christi's current and future housing needs. 6. Resolution authorizing the sale of the Costa Tarragona I and Costa Tarragona II Apartments to HKSK Corp. (or its permitted assigns), consenting to the assignment of the respective ground leases for such apartments, and approving various other matters required in connection with such sale. 7. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL BOARD MEETING June 17,2025 PRESENT Board of Directors Officers Everett Roy, President Peter Zanoni, General Manager Roland Barrera, Vice President Heather Hurlbert, Asst. General Manager Sylvia Campos Rebecca Huerta, Secretary Eric Cantu Stephanie Box, Asst. Secretary Paulette Guajardo Julie Sandoval, Treasurer Gil Hernandez Judy Villalon,Asst. Treasurer Kaylynn Paxson Mark Scott Carolyn Vaughn President Roy called the meeting to order in the Council Chambers of City Hall at 6:40 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting. President Roy referred to Item 3 and called for public comment. There were no comments from the public. President Roy referred to Item 4 and called for approval of the minutes of the January 28, 2025, Board meeting. Board Member Barrera moved to approve the minutes as presented, seconded by Board Member Campos and passed unanimously. President Roy referred to Item 5. Director of Finance Sergio Villasana stated the policy is required to be read annually. The biggest change is to extend the investment portfolio from one to two years with staff's recommendation. Board Member Barrera moved to approve Item 5, seconded by Board Member Cantu and passed unanimously. President Roy referred to Item 6. Director of Planning and Community Development Dan McGinn presented information on the following topics: scope of analysis; and methodology. Board Members and Director McGinn discussed the following topics: to include trends of the homeless population in stakeholder input; to ensure resources are available to stay competitive in the professional market; and this process is a nine-month timeline once the consultant is hired. There being no further business to come before the Corpus Christi Housing Finance Corporation, President Roy adjourned the meeting at 6:48 p.m. Se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Corpus Christi Housing Finance Corporation Meeting July 29, 2025 DATE: July 29, 2025 TO: President and Board of Directors Corpus Christi Housing Finance Corporation THROUGH: Peter Zanoni, General Manager FROM: Daniel McGinn, AICP, Interim Assistant City Manager DanielMc�cctexas.com (361) 826-7011 Corpus Christi Housing Needs Assessment and Toolkit CAPTION: Motion authorizing the General Manager to solicit proposals from qualified firms, execute a contract in an amount not to exceed $150,000.00, enter into a Cooperation Agreement with the Corpus Christi Housing Authority, and expend up to $75,000 from Corpus Christi Housing Finance Corporation funds to develop a Housing Needs Assessment and Housing Toolkit that identifies Corpus Christi's current and future housing needs. SUMMARY: This motion authorizes the General Manager to solicit proposals from qualified firms, execute a contract with the highest scoring firm, and enter into a Cooperation Agreement with the Corpus Christi Housing Authority (CCHA) to develop a Housing Needs Assessment and Toolkit. The CCHA adopted a resolution on June 17, 2025 approving entering into a Cooperation Agreement to share half of an estimated $150,000 cost for this study. The Corpus Christi Finance Corporation (CCHFC) will be responsible for the other 50 percent of the cost, up to $75,000.00. Completion of the Housing Needs Assessment and Toolkit is anticipated within eight months of contract execution with the selected firm. BACKGROUND AND FINDINGS: Through the Corpus Christi Housing Finance Corporation, proposals from qualified firms would be solicited for the completion of a Housing Needs Assessment and Toolkit that will identify current and projected gaps between demand for and supply of housing within the city limits at various household income levels and housing types. Based on the findings of the Housing Needs Assessment, the consultant team will prepare a Toolkit of recommended policies and programs to address the current and projected gaps in housing availability and establish a roadmap for maximizing the potential for development of affordable housing. While the focus of the analysis is on affordable housing needs, a comprehensive investigation across all incomes and housing types is necessary because of the market pressures on lower-income households. Both the Needs Assessment and Toolkit documents will establish quantitative metrics that will permit the City to measure progress over time. At June 30, 2025 the CCHFC Restricted Fund Balance was $559,166. Loc. Gov't § 394.032 grants housing finance corporations the power to plan, research, study, develop, and promote the establishment of residential development. ALTERNATIVES: The CCHFC may elect to approve the solicitation for proposals and execution of the Cooperation Agreement with the CCHA, and direct staff to return at a later date to the CCHFC with a motion to approve a contract with the selected firm. The CCHFC may also disapprove the solicitation of proposals for qualified firms to develop a Housing Needs Assessment and Toolkit. Staff would continue to bring project proposals forward for consideration of the CCHFA without specific and prioritized housing needs and target performance metrics. FISCAL IMPACT: The fiscal impact to the CCHFC fund would be an expense not to exceed $75,000.00 in FY 2025 rolling over into FY 2026. Funding Detail: Fund: 1020 Organization/Activity: 48001 Department: Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends approval of the motion authorizing the General Manager to solicit proposals from qualified firms and execute a contract to develop a Housing Needs Assessment and Toolkit. LIST OF SUPPORTING DOCUMENTS: Presentation — Housing Needs Assessment and Toolkit Scope of Work Housing Needs Assessment and Toolkit _rt_ Corpus Christi Housing � V Finance Corporation July 29, 2025 Scope of ✓ Housing Needs Assessment will identify current and projected gaps between demand and supply of housing at various household income levels within the city limits. ✓ The toolkit will present prioritized policy and programs to the address the current and projects gap in housing availability. ✓ Assessment and Toolkit will establish quantitative metrics to measure progress. Methodology ❑ Primary data sources: stakeholder input from local housing development and management representatives (market-rate and affordable), real estate professionals, housing finance and insurance sectors. ❑ Secondary data sources: U.S. Census Bureau; Texas Demographic Center; Nueces County Appraisal District; City data resources; Texas A&M Real Estate Center; Corpus Christi Association of Realtors; Commercial Real Estate data sources (ex. CoStar). ❑ Toolkit will address housing gaps and barriers identified. Cost Estimate ❑ Total cost estimated at $150k ❑ Housing Authority adopted resolution authorizing a Cooperation Agreement to "share costs for a Comprehensive Housing Study. Such study to identify current and future housing needs for the entire community at an estimated cost of $150,000, half of which to be shared by each party." ❑ CCHFC share of cost not to exceed $75k Recommendation Staff Recommends motion authorizing the City Manager to: 1. solicit proposals from qualified firms, 2. execute a contract in an amount not to exceed $150,000.00, 3. and enter into a Cooperation Agreement with the Corpus Christi Housing Authority to develop a Housing Needs Assessment and Housing Toolkit that identifies Corpus Christi's current and future housing needs. Housing Needs Assessment and Toolkit RFP Scope of Work The Corpus Christi Housing Finance Corporation is seeking proposals from qualified consultant teams to prepare a Housing Needs Assessment that will identify current and projected gaps between demand for and supply of housing within the city limits at all household income levels and housing types. The Housing Needs assessment will provide a critical review of the community's housing ecosystem, including demographic and housing data trends and projections, as well as current and anticipated future financial and policy barriers/challenges. While the focus of the analysis is on affordable housing needs, a comprehensive investigation across all incomes and housing types is necessary because of the market pressures on lower-income households. Based on the findings of the Housing Needs Assessment,the consultant team will prepare a Toolkit with recommended policy and programs to address the current and projected gap in housing availability at all income levels and housing types. Both the Housing Needs Assessment and Toolkit documents will establish quantitative metrics that will permit the City to measure progress over time. The selected consultant team should have demonstrated experience with demographic and housing data analysis from secondary sources. Such sources should include but are not limited to U.S. Decennial Census and American Community Survey, HUD CHAS dataset,Texas Demographic Center, local appraisal district datasets, local and state real estate research centers such as the Texas A&M Real Estate Center and local Realtor associations, as well as private-sector real estate data sources. In addition, the consultant team should have experience with GIS and data visualization software to be able to communicate key findings that emerge from the data analysis, including geographic distribution of housing needs and opportunities. The Housing Needs Assessment should also include a financial feasibility analysis that evaluates financing gaps related to housing development costs compared to sales prices for ownership, operating costs for multifamily, and available financing tools for types of housing needed as indicated by the demographic and housing data analysis, such as single-family, duplex, triplex, and multifamily projects. The intention of the financial feasibility analysis is to identify barriers to housing development within City limits. This portion of the scope of work should incorporate stakeholder input from local housing developers and real estate, finance, and insurance professionals to explore regulatory, permitting, and financial barriers that impact local housing delivery. Guided by the findings of the Housing Needs Assessment, the consultant team will develop a Housing Toolkit with recommended policy and program initiatives that will address the specific and measurable current and projected housing gaps and barriers identified. The Housing Toolkit should include production targets of housing over time, detailed by household income category and housing type. Proposals are encouraged to detail data sources and analysis techniques in the scope of work as well as highlight activities within the scope that will require city staff involvement, such as stakeholder identification. In addition, the consultant team is encouraged to include team bios that highlight relevant past project experience of team members as well as inclusion of up to one recent similar project with their proposal. If consultant team consists of more than one firm, up to two project samples may be included that reflect the relevant skill sets of the team. Proposals are required to include a scope of work with detailed tasks/subtasks, deliverables, and fee per task.Task 1 is the Housing Needs Assessment and Task 2 is the Housing Toolkit. Detailed subtasks within each category with defined deliverables and fees are strongly encouraged, as invoicing will be contingent on task/subtask completion. se GO � O� A H AGENDA MEMORANDUM "CORPOR^`E° Action Item for the Corpus Christi Housing Finance Corporation Meeting 1852 July 29, 2025 DATE: July 29, 2025 TO: President and Board of Directors Corpus Christi Housing Finance Corporation THROUGH: Peter Zanoni, General Manager FROM: Daniel McGinn, AICP, Interim Assistant City Manager Dan ielMc(a-)cctexas.com (361) 826-7011 Authorize the Sale of Costa Tarragona I and II CAPTION: Resolution authorizing the sale of the Costa Tarragona I and Costa Tarragona II Apartments to HKSK Corp. (or its permitted assigns), consenting to the assignment of the respective ground leases for such apartments, and approving various other matters required in connection with such sale. SUMMARY: The Corpus Christi Housing Finance Corporation (CCHFC) needs to consider approval of the terms of the sale of the Costa Tarragona Apartments Phase I and Phase II to HKSK Corp. for a total sales price of$17.1 million. Approval would authorize proceeding with a Letter of Intent, the execution of Purchase and Sale Agreements for the two projects, assignment of the Ground Lease Agreements, and closing the transactions. The buyer has indicated that it will be setting up new entities in which the CCHFC will be asked to participate in order to continue the affordability of the apartments and the existing property tax exemptions. The terms and conditions of that participation will be the subject of a future meeting of the CCHFC once other due diligence requirements have been satisfied by the buyer. BACKGROUND AND FINDINGS: The CCHFC participated in the development and construction of the Costa Tarragona Apartments Phase I in 2005 and Phase 11 in 2011. The apartments are located at 2240 N. Padre Island Drive at the interchange with 1-37. In each case, the CCHFC owns the land which is leased to a limited partnership under a Ground Lease Agreement. The general partner of each entity is solely controlled by the CCHFC. The limited partners include the tax credit investors and NRP Group, which was the developer and operator of the apartments. This structure permitted the apartments to qualify for a property tax exemption, and as a result they never have been on the property tax rolls since the original development. All of the apartment units (100%) are restricted to being leased to persons who make below 60% of Area Median Income (AMI). Costa Tarragona I has 250 units, and Costa Tarragona II has 96 units. They have been managed jointly as a single project, but due to the different development dates and tax credit investors, they have to comply with separate affordability covenants and timetables. Although the tax credit periods have expired, both projects are subject to affordability covenants requiring that all of the units continue to be reserved for low-income tenants. The tax credit investor for Costa Tarragona I has triggered the requirement under the limited partnership agreement that the property be sold. Due to the relationships of the two Phases in Costa Tarragona, both projects should be sold in the same transaction. The NRP Group has been the managing agent for both Costa Tarragona I and Costa Tarragona II and assisted the CCHFC in retaining Berkadia Real Estate Advisors, LLC as a real estate broker with experience in marketing apartments subject to low-income housing affordability restrictions. After listing both apartment projects for sale and soliciting proposals from over thirty qualified buyers, more than five proposals were received. Best and final offers were requested from three firms, and the proposal from HKSK Corp. was determined to be the best proposal offering $17.1 million for both properties, to be divided with $13.3 million for the Costa Tarragona I Apartments and $3.8 million for the Costa Tarragona II Apartments. These amounts will provide for the payment of outstanding bond and other indebtedness remaining from the construction of the apartments and should net the CCHFC at least $1 million. The final net proceeds will need to be determined based on finalization of the defeasance of the 2005 revenue bonds and payment of all outstanding obligations. In order to proceed with the sale as proposed, the CCHFC needs to authorize the approval of a Letter of Intent for the sale and purchase, the respective Purchase and Sale Agreements for Costa Tarragona I Apartments and Costa Tarragona II Apartments, the completion of the required due diligence by the buyer as well as obtaining various required regulatory approvals, and upon the conclusion of the same the closing of the sale of such apartment projects according to the approved terms. The Resolution provided incorporates the above approvals needed. Based on the approval by the Board of Directors at the January meeting to proceed with soliciting offers of sale with the continued involvement of the CCHFC as the ground lessor and participant in the purchasing entities, the buyer will finalize its plans for the structure of the new entity or entities. Once those plans are finalized, another CCHFC meeting will be scheduled to consider approval of the terms and conditions of the CCHFC's participation in the new entity or entities formed by the buyer. ALTERNATIVES: The CCHFC may decline to accept the offer from HKSK Corp. and seek other options for the disposition of the properties. FISCAL IMPACT: There is no current-year fiscal impact for this item. Funding Detail: Fund: NA Organization/Activity: NA Department: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommends the approval of the Resolution authorizing the sale of Costa Tarragona I and 11. LIST OF SUPPORTING DOCUMENTS: Resolution Letter of Intent from HKSK Corp. Purchase and Sale Agreement for the sale of Costa Tarragona I Purchase and Sale Agreement for the sale of Costa Tarragona 11 RESOLUTION AUTHORIZING THE SALE OF THE COSTA TARRAGONA I AND COSTA TARRAGONA II APARTMENTS TO HKSK CORP. (OR ITS PERMITTED ASSIGNS), CONSENTING TO THE ASSIGNMENT OF THE RESPECTIVE GROUND LEASES FOR SUCH APARTMENTS, AND APPROVING VARIOUS OTHER MATTERS REQUIRED IN CONNECTION WITH SUCH SALE WHEREAS, in 2005 the Corpus Christi Housing Finance Corporation (the"Corporation") authorized the creation of Costa Tarragona I,Ltd., a Texas limited partnership,with CCHFC Costa Tarragona I, LLC, a Texas limited liability company, as its general partner, in order to develop the Costa Tarragona I Apartments(the"Costa Tarragona I Apartments")at 2240 N. Padre Island Drive on land leased from the Corporation under a low-income housing tax credit program in which all of the apartments are subject to restrictions for tenants making less than the Area Median Income; and WHEREAS, in 2011 the Corporation authorized the creation of Costa Tarragona 11, Ltd., a Texas limited partnership, with CCHFC Costa Tarragona 11, LLC, a Texas limited liability company, as its general partner,in order to develop the Costa Tarragona II Apartments (the"Costa Tarragona II Apartments") at 2240 N. Padre Island Drive on land leased from the Corporation under a low-income housing tax credit program in which all of the apartments are subject to restrictions for tenants making less than the Area Median Income; and WHEREAS, the tax credit periods under federal law have expired for both the Costa Tarragona I Apartments and the Costa Tarragona II Apartments, but both apartment projects remain subject to various restrictive covenants requiring that the apartments continue to be subject to restrictions on affordability for all of the apartments; and WHEREAS, the tax credit investor for the Costa Tarragona I Apartments has given notice requiring the sale of the apartments in order to terminate the limited partnership in which the tax credit investor has invested, and the best economic feasibility for both projects is that they be sold together to a single purchaser; and WHEREAS, the NRP Group has been the managing agent for both Costa Tarragona I Apartments and Costa Tarragona II Apartments and assisted the Corporation in retaining Berkadia Real Estate Advisors, LLC as a real estate broker with experience in marketing apartments subject to low-income housing affordability restrictions; and WHEREAS, after listing both apartment projects for sale and soliciting proposals from over thirty qualified buyers,more than five proposals were received with the proposal from HKSK Corp. being determined as the best proposal offering $17.1 million for both properties, to be divided with $13.3 million for the Costa Tarragona I Apartments and $3.8 million for the Costa Tarragona II Apartments, subject to the payment of outstanding bond and other indebtedness remaining from the construction of such apartments; and F:\2705\32-1 Sale Documents\25 Reso Authorizing Sale 0716-11-15.docx WHEREAS, in order to proceed with the sale as proposed, the Corporation is required to authorize the approval of a Letter of Intent for such sale and purchase,the respective Purchase and Sale Agreements for Costa Tarragona I Apartments and Costa Tarragona II Apartments, the completion of the required due diligence by the purchaser as well as obtaining various required regulatory approvals, and upon the conclusion of the same the closing of the sale of such apartment projects according to the approved terms; and WHEREAS, both the Costa Tarragona I Apartments and Costa Tarragona II Apartments shall remain upon and subject to the terms and conditions of the Ground Lease Agreements by the Corporation with the respective entities; and WHEREAS,the Corporation anticipates that it may participate in a new entity to be created by the buyer of the apartment projects in order to continue the affordability covenants and the exemption from property taxation that has been provided to the apartment projects from the time(s) of their construction under terms and conditions that may be considered at a future meeting; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. Approval of Letter of Intent. The Corporation hereby approves the terms and conditions of the Letter of Intent from HKSK Corp. dated June 16, 2025, a copy of which has been furnished to the Board prior to the date of this Resolution, and the officers of the Corporation are authorized, on behalf of the Corporation acting as the sole member of the general partners of each of Costa Tarragona I, Ltd. and Costa Tarragona II, Ltd., to accept such Letter of Intent. Section 2. Authorization of Sale of Costa Tarragona I Apartments. The Corporation hereby approves the terms and conditions of a Purchase and Sale Agreement between Costa Tarragona I, Ltd., as the seller, and HKSK Corp., as the buyer, a copy of the substantial form of which has been furnished to the Board prior to the date of this Resolution for the sales price of $13.3 million, and the officers of the Corporation are authorized, on behalf of the Corporation acting as the sole member of the general partner of Costa Tarragona I, Ltd. to executed the final form of such Purchase and Sale Agreement. Section 3. Authorization of Sale of Costa Tarragona II Apartments. The Corporation hereby approves the terms and conditions of a Purchase and Sale Agreement between Costa Tarragona II, Ltd., as the seller, and HKSK Corp., as the buyer, a copy of the substantial form of which has been furnished to the Board prior to the date of this Resolution, for the sales price of $3.8 million, and the officers of the Corporation are authorized,on behalf of the Corporation acting as the sole member of the general partner of Costa Tarragona II, Ltd. to executed the final form of such Purchase and Sale Agreement. Section 4. Completion of Due Diligence and NecessM Approvals. The Corporation hereby authorizes and directs its officers, attorneys and agents to cooperate with the buyer of the Costa Tarragona I Apartments and the Costa Tarragona 11 Apartments to complete its required due diligence and obtain all regulatory approvals necessary in connection with the sale of such 2 apartment projects according to the terms and conditions of the respective Purchase and Sale Agreements. Section 5. Approval of Assignment of Ground Leases. The Corporation hereby authorizes the assignment of the respective Ground Leases for the Costa Tarragona I Apartments and the Costa Tarragona II Apartments to the buyer under the respective Purchase and Sale Agreements provided above, and the officers of the Corporation are authorized to execute such consents, approvals or other documents as may be required in connection with such assignments. Section 6. Closing the Sales. Upon the completion of the due diligence by the buyer and obtaining all of the necessary regulatory approvals as provided above, the officers, attorneys and agents of the Corporation are authorized to close the sale of the Costa Tarragona I Apartments and Costa Tarragona II Apartments according to the terms and conditions of their respective Purchase and Sale Agreements and execute and deliver such assignments,bills of sale, certificates and other documents as may be required in connection with the closing of such sales. Section 7. Any Further Participation With Buyerject to Future Approval. Aside from the approval of assignment of the Ground Leases as provided above, nothing herein shall be construed as the authorization of the Corporation to participate in any new entity or entities to be formed by the buyer of the Costa Tarragona I Apartments and Costa Tarragona II Apartments. Such participation shall be the subject of a future meeting of the Board of Directors and approval of same at such meeting. DULY PASSED AND ADOPTED this day of July, 2025. CORPUS CHRISTI HOUSING ATTEST: FINANCE CORPORATION By: By: Rebecca Huerta, Secretary Everett Roy, President 3 HKSK CORP. 420 Central Avenue Cedarhurst,NY 11516 June 16, 2025 Mike Terry mike.terry@berkadia.com Re: Letter of Intent/Offer to Purchase Costa Tarragona Apartment Homes I & II 2240 N. Padre Island Dr. Corpus Christi, TX 78408 Dear Mr. Terry, This letter will serve as a Letter of Intent, on behalf of a to be formed Limited Liability Company, to purchase the 346 units of apartment properties known as Costa Tarragona Apartment Homes I& II on the following terms & conditions: I. Total Consideration - The total consideration of$17,100,000 to be paid as follows: a) $17,100,000 cash at closing. Price allocation: • $13,300,000 - Phase I • $3,800,000 -Phase 11 II. Transaction Conditional -In addition, this transaction is conditional upon and subject to: a) Buyer's receipt and approval of: a title binder/policy, receipt and review of all signed and pending leases, review of income and operating expenses, as-built plans (if available; recent site inspection, engineering inspection of property; and recent environmental report. Buyer has option to perform its own engineering and environmental inspections at its own cost.) Seller shall make available all necessary books and records and other pertinent information and to allow Buyer access to property so that Buyer may properly perform all due diligence. Buyer shall complete such due diligence on or before 30 days following the execution of Purchase and Sale Agreement. b) Seller delivering marketable and insurable title to the property. c) The property maintaining existing occupancy, rent roll and collections levels at least at its current level. d) All autos/vans/golf carts, office equipment, paintings/ artwork, apartment furnishings, clubhouse furnishings, fitness equipment, landscaping, tools and equipment, marketing materials, computers, printers, operating software, and any other personal and/or real property utilized in the operation of the property are to be transferred hereunder. Seller shall also transfer the use of the name "Costa Tarragona Apartment Homes I& I1" any existing websites, website domain names, original art work contained therein, and property telephone numbers. e) All outstanding management/employment contracts, leases and/or service contracts are to be cancelled as of closing, at Buyer's option. Any costs of such termination shall be borne by Seller. f) The sale will be subject to both parties entering into a mutually acceptable and definitive Purchase and Sale Agreement within 10 days of the execution of this Letter of Intent by Seller. This Letter of Intent does not constitute a final offer, nor does it purport to include all final terms. This letter of intent shall not be deemed an offer to purchase, nor shall it be binding upon the parties (other than Section V. below)unless and until the Purchase and Sale Agreement referenced in the prior sentence is fully executed by Buyer and Seller. g) The Sale Will be contingent on receiving approval from municipal and government agencies. III. Closing Costs - Seller will pay all standard closing costs, including, but not limited to, transfer taxes and fees. Buyer and Seller will each pay his own legal fees. Buyer will pay its lender's title insurance fee. Allocation of pro-rata income and expenses shall be as of the day of closing. Tenant security deposits, including any pet fees (refundable or non-refundable), to be transferred to Buyer or credited to purchase price. IV. Real Estate Commissions - Seller to pay all real estate commissions. V. Agreement Binding on Parties - Your execution of this Letter of Intent signifies that you will not accept any other offer for, this property as long as this Letter of Intent is in force. VI. Initial Deposit- The Contract shall provide for an initial deposit of One Hundred and Fifty Thousand ($150,000)Dollars upon execution Purchase and Sale Agreement. Said funds will be placed with a mutually agreeable escrow agent, to be held subject to the inspection period in II(a) above, and subject to successful closing of title. VII. Closing Date—Closing will take place on or before 30 days following the conclusion of the Due Diligence period. At the option of buyer, the closing may be postponed until 30 days following the conclusion of the Due Diligence period, in which case buyer will deposit an additional Fifty Thousand ($50,000)Dollars into escrow. This Letter of Intent is subject to approval by the Texas Housing. At the option of Buyer, this Letter of Intent will be null and void if not accepted by the closing of business on June 26, 2025. Very truly yours, 7 By: Raymond Katz, Pres. RK Via E Mail: Agreed to and Accepted: Costa Tarragona I, Ltd. and Costa Tarragona II, Ltd. By: CCHFC Costa Tarragona I, LLC and CCCHFC Costa Tarragona II, LLC, respectively By: Dated: An authorized officer of the Corpus Christi Housing Finance Corporation, acting as the sole member of such limited liabilty companies PURCHASE AND SALE AGREEMENT (Costa Tarragona Apartment Homes I, Corpus Christi, Texas) THIS PURCHASE AND SALE AGREEMENT(this"Agreement")is dated and entered into as of , 2025 (the "Effective Date"), by and between COSTA TARRAGONA I, LTD., a Texas limited partnership, as seller ("Seller"), and HKSK CORP., a New York corporation, or its assigns, as purchaser ("Buyer" and, together with Seller, the "Parties" and each a"Party"). RECITALS: WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, all of Seller's right, title and interest in and to the Project (as defined below), subject to and in accordance with the terms and provisions hereinafter set forth. NOW, THEREFORE, Seller and Buyer, in consideration of the foregoing Recitals (which are incorporated herein by this reference), and in consideration of the keeping and performing by the respective Parties of their respective obligations as hereinafter set forth, as well as for Ten and No/100 Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, hereby agree as follows: 1. THE TRANSACTION. (a) The Project. Upon the terms and provisions and subject to the conditions of this Agreement, Seller agrees to sell and convey to Buyer, on the Closing Date (hereinafter defined), and Buyer agrees to purchase from Seller, for the Purchase Price herein set forth, all of Seller's right, title and interest, if any, in and to the following (collectively, the "Project"): (i) All of Seller's right, title and interest in and to that certain Ground Lease between CORPUS CHRISTI HOUSING FINANCE CORPORATION, a Texas housing finance corporation ("CCHFC"), as landlord, and Seller, as tenant, dated as of November 15, 2005, as amended by that certain Amendment to Ground Lease between CCHFC and Seller, dated as of January 1, 2008 (the "Ground Lease"), pursuant to which Ground Lease that certain real property located in the City of Corpus Christi, County of Nueces, State of Texas, as more particularly described on Exhibit"A"attached hereto and made a part hereof(the"Land")and all of the buildings, structures, fixtures, parking areas, other building and site improvements on the Land and appurtenances and access thereto (the "Improvements" and, together with the Land, the "Property") are leased by CCHFC to Seller, and which Property is commonly known as Costa Tarragona Apartment Homes I located at a portion of 2240 N. Padre Island Dr. Corpus Christi, TX 78408; (ii) the Leases (as defined in Section 4(c) below), including all refundable security and other deposits and guaranties, as listed on the rent roll attached hereto as Exhibit "B" and made a part hereof("Rent Roll"); 15967192 v5 (iii) to the extent any such items exist and are assignable and transferable by Seller to Buyer at no cost to Seller: any fixtures, machinery, equipment, furnishings,tangible items of personal property and other tangible property, if any, located on or about the Property and used exclusively in connection with the Project and owned by Seller as of the Closing Date (the "Tangible Personal Property"), which Tangible Personal Property existing as of the Effective Date, if any, is listed on Exhibit "C" attached hereto and made a part hereof, and which Tangible Personal Property specifically excludes: (A) software; (B) cash, bank accounts, certificates of deposit, or other similar income other than refundable security and other deposits of tenants; and (C) any equipment, machinery, computers or other tangible items of personal property owned or leased by the Property's management company or any other third parties. Notwithstanding the foregoing or any contrary provision contained herein, due to the administrative difficulty of transferring equipment leases for printers and copiers, (1) Buyer shall not have the right or option to assume any contracts or equipment leases related to printers or copiers, including without limitation any contracts with Canon or Ricoh, (2) Seller shall have no obligation to terminate those contracts and/or to transfer or assign the same to Buyer, and (3) Seller shall have the right to remove such equipment from the Property; (iv) to the extent assignable and transferable by Seller to Buyer, and subject to Section 3(g) hereof, all contracts entered into by Seller which are applicable to the operation of the Project(the"Service Contracts"), which Service Contracts existing as of the Effective Date,if any,are listed on Exhibit"I"attached hereto and made a part hereof, and (v) to the extent assignable and transferable by Seller to Buyer at no cost to Seller: (A) any licenses, permits, consents, authorizations, approvals, registrations and certificates issued by any governmental authority which are currently held by Seller with respect to the Project, if any (the "Licenses and Permits"); and (B) intangible personal property owned by Seller with respect to the Project, if any, including the name "Costa Tarragona Apartment Homes P' and the name"Costa Tarragona Apartment Homes I&II" (collectively,the"Intangible Personal Property" and, together with the Licenses and Permits and Tangible Personal Property, the "Personal Property"), which Intangible Personal Property shall expressly exclude any name,license,permits,logo, sign,trademark,telephone listing or numbers of any member of Seller and of, or containing, the name"NRP" or any deviation or derivation thereof. (b) Intentionally Omitted. (c) Required Consents. (i) Buyer shall use commercially reasonable efforts to obtain all required consents of the Consent Parties (hereinafter defined) for the purchase and sale of the Project contemplated by this Agreement at or prior to Closing (collectively, the "Required Consents") and shall timely provide all required notices to such Consent Parties. Buyer will submit notice of the transaction 2 contemplated by this Agreement and the initial application to the applicable Consent Parties for the Required Consents, with a copy to Seller, no later than ten (10) days after the Effective Date (the "Application Submission Deadline"). Buyer shall have until the date that is first to occur of the date that is forty-five(45) days after the Application Submission Deadline or forty-five (45) days after Buyer's submission of the initial application to the Consent Parties (the "Contingency Consent Date") to receive the Required Consents. Buyer shall be solely responsible for all costs of the Required Consents, and Seller shall have no liability therefor. If the Required Consents have not been received on or prior to the Contingency Consent Date, then Buyer may terminate this Agreement upon written notice to the Seller delivered by no later than the Contingency Consent Date, whereupon the Deposit shall be returned to Buyer (less any costs related to the Title Commitment and any escrow fees), this Agreement shall be terminated and the Parties shall have no further obligations to or recourse against each other except as to matters which, by the terms of this Agreement, expressly survive the termination hereof. Except as expressly provided by the preceding sentence, in no event shall Buyer have any right to terminate this Agreement due to any failure to obtain one or more of the Required Consents. As used in this Agreement, the "Consent Parties" shall mean: (A) Texas Department of Housing and Community Affairs ("TDHCA") under that certain Declaration of Land Use Restrictive Covenants/Land Use Restriction Agreement for Low-Income Housing Credits dated November 15, 2006 between Seller and TDHCA (the "LURA") and that certain Land Use Restriction Agreement by and between Seller and TDHCA dated July 28, 2006 (the "Initial LURA") and that certain Joinder of Owner of Fee Title in HTF Land Use Restriction Agreement by and between CCHFC, Seller, and TDHCA dated July 28, 2006 (the "Joinder LURA"); (B) CCHFC under the Ground Lease and under that certain Regulatory Agreement and Declaration of Restrictive Covenants by and among CCHFC, J.P. Morgan Trust Company, National Association, as Trustee, and Seller dated November 1, 2005 (the "RADRC"); and (C) Corpus Christi Community Improvement Corporation ("CCCIC")under that certain Declaration of Restrictive Covenant of Affordability dated November 14, 2006 (the"DRCA"). (ii) Buyer and Seller shall deliver to any Consent Party any required notices prior to, upon and after Closing and, if required by the Regulatory Agreements (hereinafter defined), Buyer shall submit a copy of all closing documents for the transaction contemplated by this Agreement not later than the thirtieth(30th)day following the Closing or such shorter period as may be required by the applicable Regulatory Agreement. As used in this Agreement, the "Regulatory Agreements" shall mean that certain Declaration of Restrictive Covenant of Affordability dated November 14, 2005 executed by Seller (as amended), the LURA, the Initial LURA, RADRC, the Joinder LURA, and the DRCA. (iii) As a condition precedent to Seller being obligated to proceed to Closing, (I) Buyer shall procure the Required Consents and deliver such Required Consents to Seller by not later than five (5) business days before the Closing Date (the "Consent Deadline"), and (11) Seller shall receive approval from Seller's 3 investors, to the extent necessary, for the transaction contemplated by this Agreement (the "Investor Consent") by the Consent Deadline. If, despite using commercially reasonable efforts,Buyer cannot obtain the Required Consents by the Consent Deadline or Seller cannot obtain Investor Consent by the Consent Deadline, then Seller may elect in its sole and absolute discretion to either (A) terminate this Agreement, in which event Buyer shall be entitled to the return of the Deposit and neither party shall have any further rights or obligations under this Agreement, other than those that expressly survive a termination hereof, or (B) extend the Closing Date in accordance with Section 3(a) of this Agreement. 2. PURCHASE PRICE; DEPOSIT. (a) The purchase price for the Project shall be Thirteen Million Three Hundred Thousand and 00/100 Dollars($13,300,000.00) (the"Purchase Price"),payable by Buyer to Seller as hereinafter provided. (b) Within two (2) business days after the Effective Date, Buyer shall deposit with Stewart Title Guaranty Company ("Escrow Agent"), whose address is listed in Section 11 below, a good faith earnest money deposit in immediately available funds in the amount of One Hundred Twelve Thousand Five Hundred and 00/100 Dollars ($112,500.00)("Initial Deposit"). As used herein,the term"Deposit"means, collectively, the Initial Deposit, the Extension Deposit (as defined below), and any interest accruing thereon. The Deposit shall be held by Escrow Agent pursuant to Section 13 below. At Closing, the Deposit shall be paid to Seller and applied to the Purchase Price. After the end of the Inspection Period, the Deposit will be non-refundable to Buyer except as may otherwise be expressly provided in this Agreement. (c) Upon the Closing,the Purchase Price shall be paid to, or for the account of, Seller in immediately available funds by wire transfer in an amount equal to the Purchase Price less the amount of the Deposit,plus or minus any closing adjustments to which either Buyer or Seller are entitled pursuant to this Agreement. (d) Intentionally Omitted. (e) Notwithstanding anything to the contrary herein, a portion of the Deposit equal to One Hundred and No/100 Dollars ($100.00) (the"Independent Consideration") shall be paid to Seller, which Independent Consideration Seller and Buyer have bargained for and agreed to as independent and sufficient consideration for Seller's execution and delivery of this Agreement and the grant of the Inspection Period. 3. CLOSING AND RELATED MATTERS. (a) The delivery of the Ground Lease Assignment (hereinafter defined) and other documents provided in this Section 3, and other acts necessary to complete the transactions provided for in this Agreement, all as subject to the terms and conditions of this Agreement, shall be referred to herein as the "Closing." Subject to the provisions of this Section 3(a) and the provisions of Section 17(a)below,the Closing shall take place by no later than 3:00 PM (Eastern Time) on the date that is ten (10) days following the later 4 of: (i) thirty (30) days after the expiration of the Inspection Period, and (ii) receipt of the Required Consents or upon such other date as Buyer and Seller may agree in writing (the "Closing Date"), but in no event later than ninety (90) days after the Effective Date (the "Outside Closing Date"). (i) Buyer acknowledges and agrees that Seller may need to undertake a defeasance or swap termination (or similar transaction) with respect to the transaction contemplated by this Agreement or by one or more of the Related Agreements (hereinafter defined) in order to effectuate the Closing. Buyer agrees to cooperate with Seller in effectuating such defeasance or swap termination and to promptly provide Seller with such documentation or information as Seller may request in connection therewith. (ii) Notwithstanding anything in this Agreement to the contrary, if Buyer has not obtained the Required Consents prior to the then-scheduled Closing Date, then Buyer shall have the one-time right, by written notice to Seller and Escrow Agent delivered not less than two (2) business days prior to the then- scheduled Closing Date (the "Extension Notice"), to extend the Closing Date for up to, but not more than, thirty (30) additional days, but in no event later than the Outside Closing Date. The Extension Notice shall specify the date to which the Closing Date shall be extended, and if no such date is specified in the Extension Notice, then the Closing Date shall be the date that is the earlier of. (i) thirty (30) days after the originally scheduled Closing Date, and(ii)the Outside Closing Date. The Extension Notice shall not be effective unless, concurrent with the delivery of the Extension Notice, Buyer wire transfers to Escrow Agent an additional deposit (the "Extension Deposit") in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00), which Extension Deposit shall be non-refundable to Buyer but shall be applicable to the Purchase Price at Closing if Closing occurs. Notwithstanding the foregoing or anything to the contrary in this Agreement, Seller shall have the right to extend the Closing Date for up to three (3)additional periods of up to thirty (30) days each by providing Buyer as to each such extension at least two (2) days before the then-scheduled Closing Date, if Seller reasonably determines that additional time is required to secure the Required Consents. (iii) The Closing shall be held through an escrow closing arrangement effected via a "mail away" closing (i.e., in which funds are sent via wire transfer and closing documents are delivered via overnight delivery or courier delivery service to the Escrow Agent). (b) At Closing, Seller shall execute and deliver to the Escrow Agent the following (collectively, "Seller's Closing Deliveries"): (i) executed counterpart of an assignment of the Ground Lease substantially in the form of Exhibit "D" attached hereto (the "Ground Lease Assignment"); (ii) a title affidavit substantially in the form of Exhibit "E" attached hereto; 5 (iii) a certification from Seller as required by the Foreign Investment in Real Property Tax Act (Section 1445 of the Internal Revenue Code of 1986, as amended); (iv) executed counterpart of a Bill of Sale, Assignment and Assumption substantially in the form of Exhibit "F" attached hereto covering the Personal Property ("Bill of Sale and Assignment"); (v) to the extent in Seller's possession or control, originals or copies of Leases maintained in the Property's management office, which shall be deemed delivered in accordance with this Agreement if left in the Property's management office at Closing; (vi) one (1) executed counterpart to the tenant notice letter to Tenants notifying them of the change in ownership of the Project, substantially in the form of Exhibit"G" attached hereto and made a part hereof("Tenant Notice Letters"); (vii) certificates or resolutions of Seller authorizing the sale of the Ground Lease and Project pursuant to this Agreement and the authority of the officer executing the closing documents on behalf of Seller; (viii) a settlement statement with respect to the Closing; (ix) an Agreement Prohibiting Condominium Conversion substantially in the form of Exhibit "J" attached hereto ("Condo Prohibition Agreement"), executed in counterpart by Seller; and (x) if required by any Consent Parry, counterparts of an assignment and assumption of the applicable Regulatory Agreement (an "Assignment of Regulatory Agreement"). To the extent not attached as an exhibit to this Agreement, all of the foregoing conveyance documents shall be on Seller's form documents for similar transactions. (c) Seller shall have access to the Property for a period of three (3) business days following the Closing Date for the purpose of removing Seller's proprietary property (e.g., marketing and other signage of Seller or any affiliate of Seller) and otherwise removing items at the Property identifying Seller or any affiliate of Seller. The provisions of this Section 3(c) shall survive the Closing. (d) At Closing, Buyer shall execute and deliver to the Escrow Agent the following (collectively, "Buyer's Closing Deliveries"): (i) the Purchase Price as specified in Section 2 hereof, (ii) signed counterparts of the Ground Lease Assignment, the Bill of Sale and Assignment, the Tenant Notice Letters and the Condo Prohibition Agreement; 6 (iii) a settlement statement with respect to the Closing; (iv) if required by any Consent Party, counterparts of an Assignment of Regulatory Agreement; (v) any documents that Buyer is required to execute as a condition to the effectiveness of the Required Consents; and (vi) such other closing documents as may be reasonably necessary to consummate the transactions contemplated herein, including, but not limited to appropriate entity resolutions and approvals. (e) At Closing, the Escrow Agent shall: (i) deliver the Ground Lease Assignment to Buyer by filing the Ground Lease Assignment for record in the public records for the jurisdiction in which the Property is located; (ii) immediately following the recordation of the Ground Lease Assignment, prior to causing the recordation of any other documents or instruments, cause the Condo Prohibition Agreement to be filed for record in the public records for the jurisdiction in which the Property is located; (iii) pay to Seller the Purchase Price less any credits to which Buyer is entitled,plus any credits to which Seller is entitled and charge Seller and Buyer for the closing costs as set forth in Section 4 below, and disburse the Deposit to Seller, all in accordance with the agreed upon settlement statement; and (iv) cause the Title Company to issue the Title Policy. (f) Within three (3) days following the Closing Date, Buyer or Escrow Agent, at Buyer's option, cost and expense, shall assemble fully executed versions of the Tenant Notice Letters and deliver them to the tenants pursuant to the Leases. Copies of the fully executed Tenant Notice Letters,together with evidence of their delivery, shall be provided to each of Buyer and Seller promptly following delivery to the tenants. The provisions of this Section 3(f) shall survive Closing. (g) Prior to the expiration of the Inspection Period, Buyer shall review the Service Contracts to determine whether Buyer desires to assume any of such Service Contracts. Not later than the expiration of the Inspection Period, Buyer shall deliver a notice to Seller setting forth which of such Service Contracts, if any, that Buyer elects to assume (the "Service Contract Notice"). If Buyer fails to deliver timely the Service Contract Notice, then Buyer shall be deemed to have elected not to assume any such Service Contracts. Notwithstanding the foregoing or anything to the contrary in this Agreement, Buyer shall be obligated to assume the following Service Contracts as of the Closing Date (the"Required Service Contracts"): (i)that certain Lease Agreement dated as of between Costa Tarragona LLP and Web Intelligent Laundry Systems, and (ii) that certain Service and Marketing Agreement TWC System Install (Existing Property) dated as of March 6, 2015 between Seller and Time Warner Cable Enterprises LLC. For the Required Service Contracts and any other Service Contracts that Buyer has properly elected to assume pursuant to this Section 3(g)(such Service Contracts, together with the Required Service Contracts, being the "Assumed Service Contracts"), pursuant to the Bill of Sale and Assignment to be executed as of the Closing Date, Seller shall assign to Buyer and Buyer shall assume, at Buyer's sole cost and expense, such Assumed Service Contracts; provided, however, that if and to the extent any Assumed Service Contract requires a different form of assignment instrument, any modifications to the Bill of Sale and Assignment with respect to such Assumed Service Contract or grants any third party approval rights over the provisions of such assignment instrument,then and to such extent, as applicable, Buyer and Seller shall use such different form, make such modifications or make such revisions to the Bill of Sale and Assignment as may be reasonably requested by such third party. Except for the Assumed Service Contracts, Seller shall, at or prior to Closing, terminate all Service Contracts with respect to the Property at Seller's sole cost and expense. Notwithstanding the foregoing provisions of this Section 3(g) or anything to the contrary in this Agreement, in no event shall Buyer be permitted to assume any Service Contracts that affect both the Property and any other properties owned by any affiliates of Seller. (h) Covenants of Seller Pending Closing. Between the Effective Date and the Closing Date, Seller covenants and agrees that: (i) Seller will continue to operate, maintain and insure the Project in substantially the same manner as Seller has operated, maintained and insured the Project prior to the Effective Date; (ii) Seller will not sell, transfer or convey Seller's interest in or title to the Project, other than entering into Leases in the ordinary course of business; (iii) Seller shall not initiate, grant or consent to any zoning changes on or about the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed; (iv) following the expiration of the Inspection Period, Seller will not enter into any new material contracts applicable to the operation of the Project after Closing without Buyer's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Seller may enter into, modify and/or terminate Leases and Service Contracts in the ordinary course of business; (v) Seller shall have the exclusive right, in Seller's ordinary course of business,to enter into Leases, evict any Tenants for non-payment of rent, enter into new Leases and/or modify any existing Leases, with all new Leases to be on the form of Lease then being used by Seller or Seller's property manager and to have a term of no longer than one (1)year; (vi) Seller shall perform its material obligations under the Leases, including,but not limited to, delivering all lease renewal notices in a timely manner 8 and shall use commercially reasonable efforts to effectuate renewals in Seller's ordinary course of business; (vii) Seller shall not permit any material alteration, structural modification or additions to the Property, except in the nature of ordinary maintenance,repair and replacement; (viii) no portion of any Tenant's security deposit shall be applied against the Rents except in Seller's ordinary course of business; and (ix) Seller shall perform its material obligations under the Regulatory Agreements. 4. CLOSING COSTS AND PROBATIONS. (a) Property Taxes. (i) Seller shall pay real estate taxes and assessments, both general and special (collectively, "Taxes") for the Property due and owing for calendar years prior to the calendar year in which the Closing takes place. Taxes for the calendar year in which the Closing takes place ("Closing Year Taxes") will be prorated at Closing based on the most recent available tax duplicate for the Property. Seller shall be responsible for Closing Year Taxes attributable to the period until (but not including)the Closing Date, and Buyer shall be responsible for Closing Year Taxes attributable to the period from and including the Closing Date. (ii) Notwithstanding the foregoing, any real estate tax refunds or rebates that apply to periods before the Closing Date shall remain the property of Seller, and Seller shall have the right to file and pursue any appeals with respect to tax assessments for the Property attributable to Seller's period of ownership of its interest in the Ground Lease. If Seller is successful in any such tax appeal related to Closing Year Taxes, or if Buyer is successful in any tax appeal related to Closing Year Taxes, then: (A) Buyer and Seller shall share in the cost of any such appeal and rebates or refunds in the same proportion as the proration of Closing Year Taxes set forth on the settlement statement executed by the parties at Closing; and (B)Buyer or Seller, as applicable,shall promptly remit any balance due to the other Party. (b) Operating Expenses. Except as provided in this Section 4(b), all utility charges and other operating expenses attributable to the Property, if any (collectively, the "Operating Expenses"), shall be prorated as of the Closing Date. Seller shall be responsible for all Operating Expenses attributable to the period prior to(but not including) the Closing Date, and Buyer shall be responsible for all Operating Expenses attributable to the Property from and after the Closing Date. Seller agrees to use commercially reasonable efforts to cause all meters for all public utilities being used on the Property to be read on the Closing Date or as close thereto as reasonably practicable. Buyer shall arrange with the applicable utility providers to have accounts opened in Buyer's name beginning at 12:01 AM on the Closing Date. To the extent that the amount of actual consumption of 9 any utility service is not determined prior to the Closing Date, a proration shall be made at Closing based on the last available reading for such utility service. Notwithstanding anything to the contrary in this Section 4(b), in no event shall the proration of Operating Expenses hereunder include any deposits that Seller has with any of the utility services or companies servicing the Property (collectively, the "Retained Deposits"), it being understood and agreed that Seller shall be entitled to retain all such Retained Deposits. (c) Tenant Provisions. The Property is occupied by tenants (collectively, the "Tenants") pursuant to leases to which Seller's ground leasehold interest in the Property is subject(collectively, the"Leases") (i) Rents. Fixed rents and all other charges identified on an updated Rent Roll assessed against and collected from the Tenants under the Leases (collectively, "Rents") for the month of Closing shall be prorated between Seller and Buyer as of the Closing Date such that Seller shall be deemed the tenant under the Ground Lease for the day prior to the Closing Date and Buyer shall be deemed the tenant under the Ground Lease commencing as of the Closing Date. All uncollected Rents attributable to the period of time prior to Closing (the "Delinquent Rents") shall not be prorated as of Closing. All Rent collected by Buyer or Seller from each Tenant from and after Closing will be applied as follows: (a)first,to payment of the current Rent then due for the month in which the Closing Date occurs,which amount shall be apportioned between Buyer and Seller as of the Closing Date as set forth in Section 4(c) hereof(with Seller's portion thereof to be delivered to Seller); (b) second, to Delinquent Rents which were due and payable as of Closing but not collected by Seller as of Closing, which amount shall be delivered to Seller; and (c) third, to Rent first coming due after Closing and applicable to the period of time after Closing, which amount shall be retained by Buyer. Prepaid Rents attributable to any period after the month in which Closing occurs,if any, shall be credited to Buyer at Closing. (ii) Security Deposits and Tenant Fees. Seller shall retain the refundable security and pet deposits received from Tenants under the Leases, and shall credit to Buyer, at Closing, an amount equal to the refundable security and pet deposits held by Seller under the Leases as of the Closing Date,if any(to the extent such security and pet deposits have not been applied against delinquent rents or otherwise as provided in the Leases). Seller shall retain all nonrefundable tenant fees under the Leases, and Buyer shall not be entitled to any credit therefor. Buyer is accepting the Property at Closing subject to the Leases and without any credit at Closing for the security deposits other than as expressly set forth herein. (iii) Utility Pam. Seller shall be entitled to the amount of all Utility Payments (hereinafter defined) collected by Buyer after Closing. Within five (5) business days after Seller's written notice to Buyer delivered to Buyer not more than one hundred twenty (120) days after the Closing Date, Buyer shall deliver to Seller a statement(the"Utility Statement") of the amounts that Tenants have paid to Buyer in connection with the Property's utility expenses that are attributable to the period prior to Closing ("Utility Payments"), whether such Utility Payments were made as part of Rents or otherwise. The Utility Statement shall include 10 calculations for each Tenant and such invoice back-up documentation as Seller may request. Within the five (5)business day period following Buyer's delivery of the Utility Statement to Seller, Seller and Buyer shall work in good faith to resolve any issues with respect to the Utility Statement. Within the five(5)business day period following approval of the Utility Statement by Buyer and Seller, Buyer shall remit the amount of the agreed-upon Utility Payments to Seller. (iv) Final Prorations. Other than the Utility Payments described above, all of the prorations under this Agreement shall be calculated as of the Closing Date and shall be final as of Closing. (d) Buyer's Closing Costs. At Closing, Buyer shall pay or be charged with the following costs in connection with the Closing: (i) any financing costs, including any mortgage recording fees or taxes and any costs associated with Buyer's loan policy of title insurance; (ii) all costs associated with the Title Policy (hereinafter defined) in excess of the standard base premium, including all endorsements thereto; (iii) the cost of any tax and/or lien searches; (iv) the cost of the Survey; (v) all costs, expenses and charges in connection with Buyer's due diligence and Inspections (hereinafter defined); (vi) one-half(1/2) of the escrow fees and charges; (vii) all costs of the Required Consents; and (viii) the cost of Buyer's counsel. (e) Seller's Closing Costs. At Closing, Seller shall pay the following costs in connection with the Closing: (i) the cost of recording the Ground Lease Assignment; (ii) the standard premium for the Title Policy (hereinafter defined); (iii) the cost of any documentary stamps and transfer taxes which are required to be affixed to or paid in connection with the Ground Lease Assignment, if any; (iv) the commission owed to the Broker (hereinafter defined) pursuant to the Brokerage Agreement(hereinafter defined); (v) leasing commissions owed pursuant to Section 12 of this Agreement, if any; 11 (vi) one-half(1/2) of the escrow fees and charges; and (vii) the cost of Seller's counsel. (f) Survival. This Section 4 shall survive the Closing. 5. INSPECTION PERIOD. (a) Within five (5) business days after the Effective Date, to the extent not previously delivered by or on behalf of Seller prior to the Effective Date,Seller shall deliver or make available to Buyer the due diligence materials listed on Exhibit "H" attached hereto("Deliveries"),to the extent such Deliveries are in the possession or control of Seller as of the Effective Date and can be delivered or made available within such five (5) business day period. Seller shall have no obligation or liability with respect to any of the Deliveries and Seller shall not be required to update the Deliveries. (b) Commencing upon the Effective Date and ending at 5:00 p.m. (Eastern Time) on the date which is thirty (30) days after the Effective Date (the "Inspection Period"), Buyer shall have the right, at Buyer's sole expense, to make or cause to be made by any agent, contractor, engineer, consultant, representative, independent contractor or other third party hired by Buyer (collectively, the "Buyer Parties") any non-invasive investigations and inspections regarding the Property which Buyer deems necessary or desirable in its sole and absolute discretion (collectively, "Inspections"); provided, however,that Buyer: (i) agrees to immediately repair any damage to the Property resulting from any Inspections and to restore the Property to the same or better condition as that which existed prior to such damage; and (ii) shall not cause or permit to be caused any unreasonable interference with any Tenant's occupancy and/or Seller's operations at the Property. Buyer acknowledges and agrees that Buyer will inspect and investigate the Project and engage such qualified Buyer Parties as Buyer deems necessary to make all appropriate inquiry regarding the condition of the Project that Buyer desires to make during the Inspection Period. Seller hereby reserves the right to have a representative present at the time of making any such Inspections on the Property and Buyer shall notify Seller not less than two (2) business days in advance of making any such Inspections. Such notification may be by electronic mail to Zac Metter at zmelter@nrpgroup.com, copy to Noam Magence at nmagence@nrpgroup.com. Buyer agrees that Buyer shall not contact or interview any Tenant of the Property. If Buyer intends to carry out any invasive Inspection (e.g., involving the physical disturbance of any portion of the Property), Buyer shall give Seller at least five (5) business days' prior written notice of such intention; provided, however, that in no event shall Buyer be permitted to perform soil borings,wall or roof penetration or other invasive or intrusive tests on the Property, including (without limitation) any Phase 11 environmental investigations, without Seller's prior written consent, which consent may be withheld by Seller in Seller's sole and absolute discretion. All Inspections shall be conducted on business days, between 10:00 a.m. and 5:00 p.m. (local time). Buyer's right to perform the Inspections shall be subject to the rights of Tenants, guests and customers at the Project. (c) Each of the Buyer Parties performing Inspections at the Property shall be properly licensed and maintain liability insurance in an amount not less than Two Million 12 Dollars ($2,000,000) per occurrence, workers compensation insurance in statutory limits and employers liability insurance with limits not less than One Million Dollars ($1,000,000). Such insurance policies shall: (i) be primary and non-contributory to any insurance maintained by Seller; (ii) be issued by an insurer with a Best's rating of no less than A-NIII and licensed to write insurance and do business in the state where the Property is located; and(iii)include Seller as an additional insured thereunder. Buyer shall provide Seller with a certificate of insurance from Buyer and the applicable Buyer Parties satisfying the above-listed requirements prior to any entry onto the Property by Buyer or any Buyer Party. (d) If Buyer, in its sole and absolute discretion, desires not to proceed with the transaction contemplated by this Agreement, then Buyer shall so notify Seller in writing (such notification, a "Termination Notice") prior to the expiration of the Inspection Period, in which event the Deposit shall be returned to Buyer (less any costs related to the Title Commitment and any escrow fees),this Agreement shall be terminated and the Parties shall have no further obligations to or recourse against each other except as to matters which,by the terms of this Agreement, expressly survive the termination hereof. If Buyer fails to timely deliver the Termination Notice in accordance with the preceding sentence, then Buyer shall be deemed to have waived its right to terminate this Agreement, this Agreement shall continue in effect, the Deposit shall be non-refundable to Buyer (except as expressly set forth in this Agreement) and Buyer shall be obligated to purchase the Project in accordance with and subject to the provisions of this Agreement. (e) Buyer will not permit any mechanics' lien or liens to be placed upon the Property (including, without limitation, Seller's leasehold interest in the Property pursuant to the Ground Lease) relating to or arising out of the Inspections or Buyer's or a Buyer Party's activities. Buyer hereby agrees to indemnify, defend and hold Seller and Seller's agents, employees, contractors, shareholders, officers, directors, managers, members, partners, consultants, representatives, and attorneys (collectively herein referred to as the "Seller Parties") harmless from and against any and all liens for any materials or services furnished to the Property (including with respect to Seller's leasehold interest in the Property pursuant to the Ground Lease) by, or on behalf of, Buyer. If any lien is claimed against the Property (including, without limitation, Seller's leasehold interest in the Property pursuant to the Ground Lease)for services or materials provided at the request of, or for the benefit of, Buyer, then Buyer shall, at its sole cost and expense, promptly take whatever action is necessary to release and remove such lien as soon as possible, but not later than ten (10) days after the date the lien was filed. If such lien has not been removed within such ten (10) day period, Seller may take whatever actions that Seller, in its sole discretion and at Buyer's sole cost and expense, deems reasonably necessary or appropriate to release and remove the lien. (f) Notwithstanding anything contained herein to the contrary, Buyer covenants and agrees to indemnify, defend and hold Seller harmless from and against any and all losses, liabilities, damages, costs and expenses (collectively, "Costs") incurred by Seller as a result of Inspections; provided, however, the foregoing indemnity shall not be applicable to any claims, damages or losses arising out of the gross negligence or willful misconduct of Seller or Seller Parties. In conducting any Inspections,Buyer and the Buyer Parties shall: (i) not damage any part of the Property nor conduct any activities precluded 13 by this Agreement; (ii) not injure or otherwise cause bodily harm to any one or more individuals; and(iii)promptly pay when due the costs of all Inspections. (g) Buyer acknowledges that the Deliveries are being delivered to Buyer as an accommodation only and Seller does not represent or warrant the truth, accuracy, completeness or correctness of any such Deliveries or any other information delivered to Buyer from any broker on Seller's behalf, except as otherwise expressly provided in this Agreement. Buyer acknowledges and agrees that, except as otherwise expressly provided in this Agreement, any reliance on or use of such Deliveries by Buyer shall be at the sole risk of Buyer. Further,if Buyer terminates this Agreement or the transactions contemplated by this Agreement do not close for any reason whatsoever, Buyer shall deliver to Seller, promptly upon Seller's request, a copy of all third party reports obtained by or prepared by or on behalf of Buyer, or delivered to Buyer or Buyer's Agents (hereinafter defined) (but expressly excluding any such reports or other materials which Buyer is lawfully obligated to keep confidential from Seller and/or which are protected by the attorney-client privilege or other similar relationship), provided such materials shall be delivered without representation or warranty as to accuracy or completeness thereof. If this Agreement is terminated for any reason, then Buyer shall promptly return to Seller the Deliveries via overnight mail to Seller or,to the extent any Deliveries were provided electronically,Buyer shall permanently delete such Deliveries within two (2)business days after the termination of this Agreement. (h) Subject to the terms and conditions of this Section 5(h), Buyer acknowledges and agrees to keep confidential (A) all of the Deliveries other than information that(i)is or becomes generally available to the public other than as a result of a disclosure by Buyer,Buyer's Parties or Buyer's Agents; (ii)was or becomes available on a non-confidential basis from a source other than Buyer,Buyer's Parties or Buyer's Agents; or (iii) is independently developed from a non-confidential source by Buyer, Buyer's Parties or Buyer's Agents, and (B) any other information in any form whatsoever (including, but not limited to, any verbal information) received or obtained by Buyer, Buyer's Parties or Buyer's Agents regarding the Property or the Ground Lease as a result of Inspections (collectively, "Confidential Information"). Buyer further agrees and acknowledges that, except as expressly permitted by this Section 5(h), if any such Confidential Information is disclosed to any third parties, to Seller's employees or Seller's Tenants, Seller will suffer damages and irreparable harm. Buyer expressly acknowledges, covenants and agrees that (a) Buyer shall not make any press release or other public disclosure concerning this Agreement or the transaction contemplated by this Agreement and Buyer shall not disclose any Confidential Information to any parry, other than the Buyer Parties and Buyer's attorneys, accountants, employees, professional firms performing Inspections, investors and prospective lenders (collectively, "Buyer's Agents") to the extent reasonably necessary in connection with performing Inspections; and(b)prior to making any disclosure of Confidential Information as permitted hereunder, Buyer shall contractually obligate Buyer's Agents and Buyer's Parties to keep the confidentiality of such Confidential Information and shall advise Buyer's Agents and Buyer's Parties of the potential of damage to Seller and the liability of Buyer, Buyer's Parties and Buyer's Agents as a result of any disclosure of such Confidential Information not permitted hereunder. Buyer expressly acknowledges and agrees that Buyer shall be responsible for the compliance of Buyer's Agents and Buyer's Parties with the terms and 14 conditions of this Section 5(h) and shall be liable to Seller for any and all Costs and/or damages incurred by Seller arising out of any violation of this Section 5(h) by Buyer, Buyer's Parties or Buyer's Agents. (i) Buyer,on behalf of itself and its affiliates,hereby waives and releases Seller from any claims arising out of the environmental condition of the Property and all claims under any Environmental Laws (hereinafter defined). 0) The terms of this Section 5 shall survive any termination of this Agreement or the Closing. 6. TITLE TO PROPERTY. (a) Status of Title. At Closing, Seller shall convey Seller's interest in the Ground Lease to Buyer by means of the Ground Lease Assignment, free and clear of all claims, liens, and encumbrances except for the following items (collectively, the "Permitted Exceptions"): (i) real estate taxes and assessments, both general and special, for the calendar year in which the Closing occurs and subsequent years which are not yet due and payable; (ii) assessments and special district levies, if any, which are not yet due and payable; (iii) zoning, building and other laws and ordinances affecting the Property; (iv) easements, declarations, conditions, reservations, charges, covenants, restrictions, rights of way and other matters of record;(v)matters that would be disclosed by an accurate survey of the Property; (vi) rights of Tenants in possession as tenants only; (vii) the Regulatory Agreements; and (viii)the Condo Prohibition Agreement. (b) Title Evidence. Within one (1) business day following the Effective Date, Buyer shall order at its cost: (i) a title insurance commitment (the "Title Commitment") for an ALTA Leasehold Policy of title insurance (or for a Texas standard form Commitment for Title Insurance for a Leasehold policy of title insurance)issued by Stewart Title Guaranty Company ("Title Company") in the amount of the Purchase Price for purposes of insuring Buyer's leasehold interest in the Property pursuant to the Ground Lease (the "Title Policy"), and (ii) a survey of the Property to be made by a registered professional surveyor licensed to practice in the state where the Property is located and to be certified to Seller, Buyer, any lender of Buyer and the Title Company (such updated or new survey, the "Survey"). The Survey shall be in the form and substance sufficient to delete the standard survey exception from the Title Policy. The Survey shall be delivered to Seller promptly but not later than five (5)business days after Buyer's receipt thereof. (c) Defects and Cure. Buyer shall, no later than five (5)business days prior to the expiration of the Inspection Period, notify Seller in writing(the"Title Defect Notice") of any objections pertaining, respectively, to the Title Commitment and Survey (collectively "Title Defects") other than the Permitted Exceptions. If Buyer fails to provide a Title Defect Notice within such time period, then Buyer shall be deemed to have accepted all matters shown on the Title Commitment and Survey, and such matters shall be deemed Permitted Exceptions hereunder. If Buyer timely delivers the Title Defect Notice, then Seller shall within three (3) business days after Seller's receipt of the Title Defect Notice provide Buyer with written notice("Seller's Response")indicating whether Seller elects, in its sole discretion with respect to each of the Title Defects,to: (i)cure such 15 Title Defects on or prior to the Closing Date; or (ii) not cure such Title Defects. If Seller fails to provide Seller's Response, then Seller shall be deemed to have elected not to cure such Title Defects. If Seller elects or is deemed to have elected not to attempt to cure any of Title Defects,then Buyer shall,by not later than the expiration of the Inspection Period, deliver written notice to Seller ("Buyer's Election") indicating Buyer's election to (A) terminate this Agreement and receive a refund of the Deposit, or (B) proceed to close without any reduction in the Purchase Price,in which event any such Title Defects shall be deemed Permitted Exceptions. If Buyer fails to timely provide Buyer's Election, then Buyer shall be deemed to have elected to proceed under subsection (B) above. (d) Mandatory Cure Items. Notwithstanding anything contained herein to the contrary, Seller shall be affirmatively obligated to pay and remove prior to Closing, at Seller's sole cost and expense,the following(collectively,the"Mandatory Cure Items"): (i) all ad valorem taxes for years prior to the year of Closing; (ii) liens securing repayment of any loans or financings incurred by Seller, except for any Regulatory Agreements and (iii) any mechanics' liens, judgment liens or similar liens incurred by Seller that can be removed or discharged through the payment of a sum certain. For the avoidance of doubt, in no event shall the Mandatory Cure Items include the Regulatory Agreements, or any matters or liens arising by, through or under Buyer or Buyer's agents and contractors. (e) Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Property or the Ground Lease, and any liens or encumbrances affecting the Property or the Ground Lease, Buyer acknowledges and agrees that it is relying upon the Title Policy.If Buyer has a claim under the Title Policy and the subject matter of that claim also constitutes the breach of any representation, warranty or covenant made by Seller in this Agreement or the Ground Lease Assignment, Buyer agrees that it will look first to the Title Policy for recovery of such claim, and Buyer shall only assert any claim against Seller for recovery of such claim after all remedies available to Buyer under the Title Policy are exhausted and any recovery from Seller hereunder shall be in excess of remedies received by Buyer under the Title Policy. This Subsection shall survive Closing and delivery of the Ground Lease Assignment. 7. REPRESENTATIONS AND WARRANTIES. (a) Except as set forth on Schedule "7(a)" attached hereto and made a part hereof, Seller hereby represents and warrants to Buyer that the following are true and correct in all material respects as of the Effective Date: (i) Subject to receipt of the Required Consents and the receipt of permission to prepay or defease Seller's existing financing and final approval from Seller's limited partner investors (collectively, the "Investors"), Seller has the full right, power and authority to enter into this Agreement and to sell and convey Seller's interest in the Ground Lease and the Project to Buyer as provided herein and to carry out Seller's obligations hereunder. This Agreement constitutes and, when so executed and delivered,the other agreements and instruments delivered by Seller under or in connection with this Agreement will constitute, the legal, valid 16 and binding obligations of Seller, enforceable against Seller in accordance with their respective terms. (ii) Subject to receipt of the Required Consents and the receipt of permission to prepay or defease Seller's existing financing and final approval from the Investors,none of the execution, delivery or performance of this Agreement by Seller does or will, with or without the giving of notice, lapse of time or both, violate, conflict with or constitute a default under(A)the organizational documents of Seller or, to Seller's knowledge, any material agreement, instrument or other document to which Seller is a party directly or by assumption, or (B) to Seller's knowledge, any judgment, decree, order or injunction of a governmental unit against Seller or the Property. (iii) Within the twelve (12) month period preceding the Effective Date, Seller has not received written notice of any eminent domain or private purchase in lieu of such proceeding that would affect the Property in any material adverse manner. (iv) Within the twelve (12) month period preceding the Effective Date, Seller has not received written notice of any action, suit or proceeding (including but not limited to bankruptcy proceedings)pending or threatened in writing against Seller or the Property that would affect Seller's ability to perform its obligations under this Agreement in any material adverse manner. (v) To Seller's knowledge, the Rent Roll attached hereto as Exhibit "B"accurately reflects the Rent Roll as maintained in Seller's files, and is the same rent roll used by Seller in the operation of the Property. To Seller's knowledge, there are no Leases,tenants or lessees of the Property, except for the Ground Lease, as set forth on the Rent Roll or as may be indicated by the Title Commitment or Deliveries. (vi) Seller has not made a general assignment for the benefit of creditors, filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, suffered the appointment of a receiver to take possession of substantially all of Seller's assets, suffered the attachment or other judicial seizure of substantially all of Seller's assets, admitted in a legal proceeding Seller's inability to pay Seller's debts as they come due, or made an offer of settlement, extension or composition to Seller's creditors generally. (vii) Seller has not entered into any agreements currently in effect pursuant to which Seller has granted any rights of first refusal to purchase all or any part of Seller's interest in the Ground Lease, options to purchase all or any part of Seller's interest in the Ground Lease or other rights whereby any individual or entity has the right to purchase all or any part of Seller's interest in the Ground Lease. (viii) Within the twelve (12) month period preceding the Effective Date, Seller has not received any written notice of any pending material claims or 17 complaints against Seller with respect to any violation of any Environmental Law, any releases of Hazardous Materials or with respect to any corrective or remedial action for, or cleanup of, the Property or any portion thereof. For purposes of this Agreement,the term"Hazardous Materials" shall mean any chemical, compound, material, mixture or substance that is now or hereafter listed in any Environmental Laws as a "hazardous substance", "toxic substance", or the like, or any petroleum product or related byproduct, hydrocarbon, radon, asbestos, urea formaldehyde, polychlorinated biphenyl compounds,underground storage tanks,medical waste or radioactive or nuclear material. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act(42 U.S.C. § 6901 et seq.), as amended from time to time, and any similar applicable federal, state and local statutes, laws and ordinances and the regulations implementing such statutes, laws and ordinances. (ix) Except for the Brokerage Agreement (hereinafter defined), to Seller's knowledge, there are no exclusive or continuing brokerage agreements as to the sale of Seller's interest in the Ground Lease, or the sale or lease of any of the space at the Property, entered into by Seller that will remain in effect after Closing. (x) To Seller's knowledge, there are no employees of Seller or at the Property for which Buyer will be responsible after Closing (unless Buyer elects to employ any such employees). (xi) Seller is not a "foreign person," as that term is used and defined in the Internal Revenue Code, Section 1445, as amended. Seller is not a Prohibited Person (hereinafter defined), nor is Seller a "foreign corporation", "foreign partnership" or"foreign estate" as those terms are defined in the Internal Revenue Code of 1986, as amended. (xii) Within the twelve (12) month period preceding the Effective Date, Seller has not received any written notice of any material violation of any Regulatory Agreement that has not been cured. Whenever reference is made in this Agreement to the knowledge of Seller, or to Seller receiving notice, or to any phrase of similar meaning to either of the foregoing, such references shall be deemed limited to the actual, conscious awareness of facts and not the implied or imputed knowledge of Jerel Klue (the "Knowledge Party"), without any investigation or inquiry. There shall be no personal liability on the part of the Knowledge Party arising out of this Agreement. (b) Buyer hereby represents and warrants to Seller that: (i) Buyer has the full right, power and authority to enter into, perform and execute this Agreement and to purchase Seller's interest in the Ground Lease as provided in this Agreement and to carry out its obligations under this Agreement. 18 (ii) None of the execution, delivery or performance of this Agreement by Buyer does or will, with or without the giving of notice, lapse of time or both: (A) violate, conflict with or constitute a default under (I) the organizational documents of Buyer or any agreement, instrument or other document to which Buyer is a party or by which it is bound, or(II)any judgment, decree, order, statute, injunction, law, rule or regulation of a governmental or quasi-governmental authority; or (B) require the approval or waiver of or filing with any person (including,without limitation, any governmental or quasi-governmental authority). (iii) None of the funds to be used for payment by Buyer of the Purchase Price will be subject to 18 U.S.C. §§ 1956-1957 (Laundering of Money Instruments), 18 U.S.C. §§ 981-986 (Federal Asset Forfeiture), 18 U.S.C. §§ 881 (Drug Property Seizure), Executive Order Number 13224 on Terrorism Financing, effective September 24, 2001, or the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (the "USA Patriot Act"), and Buyer is not, and will not become, a person or entity with whom U.S. persons are restricted from doing business with under the regulations of the Office of Foreign Asset Control ("OFAC") of the Department of Treasury (including those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), the USA Patriot Act, or other governmental or quasi- governmental action (each such person or entity, a"Prohibited Person"). (iv) This Agreement constitutes and, when so executed and delivered, the other agreements and instruments delivered by Buyer under or in connection with this Agreement will constitute, the legal, valid and binding obligations of Buyer, enforceable against Buyer in accordance with their respective terms. (v) Buyer has experience in financial and business matters that enable it to evaluate the risks and merits of the transaction contemplated by this Agreement. (vi) Buyer has adequate financial resources to purchase the Property. (vii) Buyer is not an employee pension benefit plan or government plan within the meaning of the Employee Retirement Income Security Act of 1974, as amended. (viii) Buyer does not intend to convert the Property,the use thereof,or the ownership of the Ground Lease to any form of condominium ownership, cooperative housing corporation or stock corporation. (c) If either Party discovers and provides written notice to the other Party,prior to or at the Closing, that any representation or warranty of the other is false, misleading or inaccurate in any material respect (a "Rep Objection Notice"), then the breaching Party shall have thirty (30) days (the "Rep Cure Period") to cure the matters set forth in such 19 Rep Objection Notice(with the Closing being extended as necessary to allow for such Rep Cure Period); provided, however, that if the matters set forth in the Rep Objection Notice cannot be cured prior to the expiration of the Rep Cure Period,then Buyer and Seller shall each have the right to terminate this Agreement by providing written notice to the other Party, whereupon: (i) if the applicable Rep Objection Notice related to a breach of one or more of Seller's representations and warranties contained in Section 7(a) above, then the Deposit shall be refunded to Buyer; (ii)if the applicable Rep Objection Notice related to a breach of one or more of Buyer's representations and warranties contained in Section 7(b) above, then the Deposit shall be promptly remitted to Seller; and (iii) thereafter this Agreement shall terminate and the Parties shall have no further obligations hereunder except for those obligations that survive the termination hereof. Notwithstanding the foregoing, in no event shall Buyer have the right to provide a Rep Objection Notice with respect to any Buyer Knowledge Matter (hereinafter defined) or to terminate this Agreement pursuant to this Section 7(c) due to any Buyer Knowledge Matter causing any representation or warranty of Seller to be false, misleading or inaccurate. As used herein, "Buyer Knowledge Matter" shall mean any matter disclosed by any Inspections, the Deliveries,the Title Commitment,the Survey and all other written reports, documents and agreements received by Buyer in connection with this Agreement prior to the expiration of the Inspection Period. (d) If Buyer proceeds to Closing with knowledge of any untruth, inaccuracy or breach of any warranty or representation of Seller set forth in this Agreement, then Buyer shall be deemed to have waived all claims with respect to each such warranty or representation. Each of Seller's representations and warranties contained in this Agreement shall automatically be deemed modified to reflect all information known to Buyer as of the Closing Date. For purposes of this Section 7(d), if Buyer proceeds to Closing, then Buyer shall be deemed to have actual knowledge of all matters disclosed by any Inspections, the Deliveries, the Title Commitment, the Survey and all other written reports, documents and agreements received by Buyer in connection with this Agreement prior to Closing. (e) Each of the representations and warranties of Seller and Buyer contained in this Section 7 shall survive the Closing until the date that is ninety (90) days after the Closing Date (the "Warranty Expiration Date"). Any valid claim after Closing that a Party (the "Claiming Party") may have at any time against the other Parry (the "Breaching Party") for a breach of any such representation or warranty, whether known or unknown, which is not asserted by notice from such Claiming Party to such Breaching Party on or before the Warranty Expiration Date shall not be valid or effective, shall be void ab initio and the Breaching Parry shall have no liability with respect thereto. Notwithstanding anything to the contrary in this Agreement, Buyer hereby agrees that the maximum aggregate liability of Seller in connection with, arising out of or in any way related to a breach by Seller under this Agreement and any document delivered in connection with the transactions contemplated by this Agreement shall be an amount equal to one percent (1%) of the Purchase Price (the "Cap"). In addition, Seller shall have no liability to Buyer for a breach of any representation or warranty unless and until the valid claims for all such breaches collectively aggregate to more than one-half of one percent (0.5%) of the Purchase Price(the"Floor"), in which event Seller shall be liable for the full amount of such claims (subject to the limitations set forth in this Agreement, including, 20 without limitation, the Cap). Buyer hereby waives for itself and anyone who may claim by, through or under Buyer any and all rights to sue or recover from Seller any amount greater than the Cap. Furthermore, Seller's liability under this Agreement is explicitly limited to Seller's interest in the Ground Lease and the Project, including any proceeds thereof. Buyer acknowledges that (a) the direct and indirect shareholders, partners, members,trustees, officers, directors, employees, agents and security holders of the parties are not assuming any, and shall have no,personal liability for any obligations of the parties hereto under this Agreement and (b) in no event shall Seller be liable to Buyer for lost profits, diminution in value, incidental or punitive damages of any kind, or consequential damages. 8. RISK OF LOSS AND CONDEMNATION. (a) In the event of casualty at the Property, and the cost for repair of such casualty is reasonably estimated by Seller to exceed five percent(5%)of the Purchase Price (the "Damage Threshold Amount"), and such casualty was not in any way caused by Buyer or Buyer's Agents, then Seller shall provide Buyer with written notice of such casualty promptly upon Seller obtaining knowledge of same and Buyer may, at its sole option to be exercised by written notice to Seller delivered by the earlier of five(5)business days after the date of delivery of Seller's notice or the Closing Date, either (i) terminate this Agreement, in which case the Escrow Agent shall return the Deposit to Buyer and no Party shall have any further liability or obligation to any other Party under this Agreement, except with respect to obligations that expressly survive the termination hereof, or(ii)elect to proceed with the Closing,in which case Seller shall assign all rights to receive insurance proceeds for such casualty to Buyer and pay or credit to Buyer the amount of any applicable deductible(except to the extent(a)required to reimburse Seller's collection costs or applied to repairs by Seller prior to the Closing Date, or(b) attributable to lost rents or other items applicable to any period prior to the Closing). Buyer's failure to timely make an election under the preceding sentence shall be deemed an election under clause(ii)of the preceding sentence. (b) Buyer is bound to purchase Seller's interest in the Ground Lease as required by the terms of this Agreement without regard to the occurrence or effect of any damage to or destruction of the Property,provided that the occurrence of any damage or destruction to the Property involves repair costs equal to or less than the Damage Threshold Amount and in such event Seller shall assign all rights to receive insurance proceeds for such casualty to Buyer and pay or credit to Buyer the amount of any applicable deductible (except to the extent(a)required to reimburse Seller's collection costs or applied to repairs by Seller prior to the Closing Date, or(b) attributable to lost rents or other items applicable to any period prior to the Closing). (c) If, after the Effective Date and prior to the Closing, all or a portion of the Property,the taking of which would cause a Material Taking Loss (hereinafter defined), is taken by eminent domain or condemnation, Seller shall promptly notify Buyer in writing and Buyer may, at its sole option to be exercised by written notice to Seller delivered by the earlier of five (5) business days after the date of delivery of Seller's notice or the Closing Date,give written notice to Seller electing to terminate this Agreement prior to the Closing in which event both Parties shall be relieved and released of and from any further 21 liability hereunder, except as set forth herein, the Deposit shall forthwith be returned to Buyer by Escrow Agent, and thereupon this Agreement shall become null and void and be considered canceled. If Buyer fails to timely make such election,then this Agreement shall remain in full force and effect and the sale and purchase contemplated herein, excluding any interest taken by eminent domain or condemnation, shall be effected with no further adjustment, and,upon the Closing, Seller shall assign,transfer, and set over to Buyer all of the right, title and interest of Seller in and to any awards that have been or that may thereafter be made for such taking. As used herein, a"Material Taking Loss" shall mean the loss of any rental units, parking spaces or means of access having an aggregate value of five percent(5%) or more of the Purchase Price. 9. DEFAULT. (a) Seller's Default. If Seller is in default under or in breach of any of the terms, covenants, conditions or obligations hereunder in any material respect and such default or breach is not cured (without application of any other cure period provided for in this Agreement) within ten (10) business days after written notice from Buyer to Seller (a "Seller Default"), then Buyer may, at its option and as its sole and exclusive remedy to be exercised by written notice to Seller (a "Seller Default Notice") not later than five (5) business days after the expiration of such ten(10)business day period, either: (i)terminate this Agreement and receive a full and immediate refund of the Deposit held by Escrow Agent, whereupon Seller shall reimburse Buyer for documented third party out-of-pocket expenses incurred by Buyer in connection with this Agreement and the transaction contemplated herein, including non-refundable lender fees, up to a maximum aggregate total amount of Fifty Thousand and 00/100 Dollars ($50,000.00) (the "Expense Reimbursement Cap") and thereafter the Parties shall be relieved and released from all other and further obligations under this Agreement except for the obligations which expressly survive the termination of this Agreement; or (ii) enforce specific performance of this Agreement. If Buyer fails to timely deliver a Seller Default Notice,then Buyer shall be deemed to have elected under clause (i) of the preceding sentence. As a condition precedent to Buyer exercising any right it may have to bring an action for specific performance hereunder, Buyer must commence such action for specific performance within thirty(30)days after the date Buyer discovered the applicable Seller Default. Buyer agrees that its failure to timely commence such an action for specific performance shall be deemed Buyer's waiver of its right to commence an action for specific performance. Buyer hereby expressly waives any right to seek damages against Seller except as otherwise expressly provided herein. In no event shall any member, officer, director, agent or employee of Seller or its partners be personally liable for any of Seller's obligations under this Agreement or the documents to be delivered at the Closing. For all purposes hereof, Buyer waives its right to seek, plead or obtain any judgment for any remedies or damages not specifically contained herein, including, without limitation, consequential, compensatory and punitive damages. (b) Buyer's Default. If Buyer is in default under or in breach of any of the terms, covenants, conditions,or obligations hereunder,which default or breach is not cured within five (5) business days after written notice from Seller (provided that the foregoing notice and five (5) business day cure period shall not be applicable to Buyer's default in delivering the Initial Deposit or consummating the Closing), then Seller, as Seller's sole 22 and exclusive remedy,shall be entitled to terminate this Agreement and receive the Deposit held by Escrow Agent, and the Deposit shall become the property of Seller,such sum being agreed upon as fair and equitable liquidated damages due in part to the difficulty, inconvenience and uncertainty of ascertaining actual damages,whereupon the Parties shall be relieved and released from all other and further obligations under this Agreement except for the obligations which expressly survive the termination of this Agreement. 10. TAX DISCLOSURE. BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO CLOSING. A CHANGE OF OWNERSHIP OR IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 11. NOTICES. Any notice, consent, approval or communication given pursuant to the provisions of this Agreement shall (except where otherwise expressly permitted by this Agreement) be in writing, addressed as described below, and shall be: (a) delivered by a nationally recognized overnight courier which delivers only upon signed receipt of the addressee, in which case notice shall be deemed delivered one (1) business day following the date such notice is deposited with such courier; or(b)by email, in which case notice shall be deemed delivered when sent, provided that email notice shall not be effective unless a copy of such notice is concurrently sent in accordance with clause (a) of this sentence. Such notices shall be given to the Parties at the following addresses: If to Seller: COSTA TARRAGONA I, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Zac Melter Email: zmelter@nrpgroup.com Copy to: COSTA TARRAGONA I, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Noam Magence, Esq., General Counsel Email: nmagence@nrpgroup.com And copy to: Benesch, Friedlander, Coplan& Aronoff LLP 127 Public Square, Suite 4900 Cleveland, Ohio 44114 Attn: Jeffrey J. Wild, Esq. and Barry J. Guttman, Esq. Email:jwild@beneschlaw.com; bguttman@beneschlaw.com 23 And copy to: COSTA TARRAGONA I, LTD. c/o Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Jennifer Buxton Email:jenniferb6@cctexas.com And copy to: Wood, Boykin & Wolter 555 N. Carancahua St, Ste 1510 Corpus Christi, Texas 78401 Attn: John D. Bell Email:jdbell@wbwpc.com If to Buyer: HKSK CORP. 420 Central Avenue Cedarhurst,NY 11516 Attention: Raymond Katz, President Email: Copy to: Attention: Email: If to Escrow Agent: Stewart Title Guaranty Company 5600 Clearfork Main Street, Suite 120 Fort Worth, Texas 76109, Attention: Drex Baker, Director of Commercial Operations Email: dbaker@stewart.com Any Party may, by giving five (5) business days prior written notice to the other Party given in accordance with this Section, designate any other address in substitution of the foregoing address to which notice shall be given. The attorney for a Party has the authority to send and receive notices on behalf of such Party. 12. BROKERS. Each Party warrants to the other that no brokers have been engaged or consulted by the warranting Party or any affiliated person or entity of such Party or are in any way entitled to compensation as a consequence of the sale of Seller's interest in the Ground Lease or the Project to Buyer other than Berkadia Real Estate Advisors LLC ("Broker"). Seller shall be responsible for the commission owed to Broker pursuant to separate agreement (the "Brokerage Agreement"). Each of Buyer and Seller agrees to indemnify and hold harmless the other Parry from and against any and all claims and expenses, including reasonable attorneys' fees, for any brokerage or agent commission or fee arising out of this transaction by any broker or agent with whom the indemnifying Party has dealt, other than Broker. Both Parties shall have the right, 24 however, to participate in the defense of any action brought by such agent or broker. The provisions of this Section shall survive the Closing. 13. ESCROW AGENT. (a) The Parties designate the Escrow Agent as the escrow agent in connection with this transaction. This Agreement shall serve as escrow instructions and shall be subject to the usual conditions of acceptance of the Escrow Agent, insofar as the same are not inconsistent with any of the terms hereof. The Deposit shall be held as a deposit under this Agreement in an interest bearing account,and shall be: (a)applied against the Purchase Price if Closing occurs; or(b) delivered to Seller or Buyer, in accordance with the terms of this Agreement,if Closing does not occur. Interest on the Deposit shall be paid to the Party entitled to receive the Deposit pursuant to this Agreement. (b) Seller and Buyer acknowledge that Escrow Agent is serving solely as an accommodation to the Parties, and except for the gross negligence or willful misconduct of the Escrow Agent, the Escrow Agent shall have no liability of any kind whatsoever arising out of or in connection with its activity as Escrow Agent. Except as set forth above, Seller and Buyer shall jointly and severally indemnify and hold harmless Escrow Agent from all suits, actions, loss, costs, claims, damages, liabilities, and expenses (including, without limitation,reasonable attorneys' fees and disbursements), incurred by reason of its acting as Escrow Agent. In no event shall the Escrow Agent be liable for any lost profits or for any incidental, special,consequential or punitive damages whether or not the Escrow Agent knew of the possibility or likelihood of such damages. 14. AS-IS CONDITION OF PROPERTY. (a) EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT, THE SALE OF SELLER'S INTEREST IN THE GROUND LEASE AND THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN"AS IS, WHERE-IS" CONDITION AND BASIS WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED BY BUYER) WITH RESPECT TO THE GROUND LEASE, THE PROPERTY, THE PROPERTY'S CONDITION AND THE CONSTRUCTION, PROSPECTS, OPERATIONS AND RESULTS OF OPERATIONS OF THE PROPERTY. THE DISCLAIMERS HEREOF SPECIFICALLY EXTEND TO, WITHOUT LIMITATION, (1) MATTERS RELATING TO HAZARDOUS MATERIALS AND COMPLIANCE WITH ENVIRONMENTAL LAWS, (2) GEOLOGICAL CONDITIONS, INCLUDING SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND STREAMS AND RESERVOIRS AND OTHER UNDERGROUND WATER CONDITIONS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER, EARTHQUAKE FAULTS, AND MATTERS RELATING TO FLOOD PRONE AREAS, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARDS, (3) DRAINAGE, (4) SOIL CONDITIONS,INCLUDING THE EXISTENCE OF INSTABILITY,CONDITIONS OF 25 SOIL FILL,SUSCEPTIBILITY TO LANDSLIDES,AND THE SUFFICIENCY OF ANY UNDERSHORING, (5) ZONING AND SUBDIVISION AND COMPLIANCE WITH ZONING AND SUBDIVISION LAWS, (6) THE VALUE AND PROFIT POTENTIAL OF THE PROPERTY AND (7) DESIGN, QUALITY, SUITABILITY, STRUCTURAL INTEGRITY AND PHYSICAL CONDITION OF THE PROPERTY AND COMPLIANCE OF THE PROPERTY WITH ANY LAWS (INCLUDING, WITHOUT LIMITATION, BUILDING CODES AND SIMILAR LAWS, THE AMERICANS WITH DISABILITIES ACT OF 1990 AND THE FAIR HOUSING AMENDMENTS ACT OF 1988). BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED BUYER OF REAL ESTATE. BUYER ACKNOWLEDGES THAT, EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN THIS AGREEMENT, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY STATEMENT OF SELLER OR ANY OF ITS AFFILIATES OR ANY OF THE SELLER PARTIES OR OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES. BUYER ACKNOWLEDGES THAT IT HAS CONDUCTED OR WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS AS TO THE CONDITION OF THE PROPERTY,THE GROUND LEASE,AND ALL MATTERS BEARING UPON THE PROPERTY AND THE CONSTRUCTION, PROSPECTS, OPERATIONS AND RESULTS OF OPERATIONS OF THE PROPERTY AS IT DEEMS NECESSARY TO PROTECT ITS INTERESTS. UPON CLOSING, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BUYER WILL ACCEPT SELLER'S INTEREST IN THE GROUND LEASE AND THE PROPERTY SUBJECT TO ALL ADVERSE STRUCTURAL, PHYSICAL, ECONOMIC OR ENVIRONMENTAL CONDITIONS THAT MAY THEN EXIST AND THAT WERE OR MAY NOT HAVE BEEN REVEALED BY THE INSPECTIONS AND INVESTIGATIONS CONDUCTED BY BUYER AND, EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT, BUYER SPECIFICALLY WAIVES AND RELEASES (1) ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED BY SELLER) WITH RESPECT TO THE GROUND LEASE, THE PROPERTY OR ITS CONDITION OR THE CONSTRUCTION, PROSPECTS, OPERATIONS OR RESULTS OF OPERATIONS OF THE PROPERTY AND (2) ALL RIGHTS, REMEDIES, RECOURSE OR OTHER BASIS FOR RECOVERY (INCLUDING ANY RIGHTS, REMEDIES, RECOURSE OR BASIS FOR RECOVERY BASED ON NEGLIGENCE OR STRICT LIABILITY) THAT BUYER WOULD OTHERWISE HAVE AGAINST SELLER OR ANY OF ITS AFFILIATES OR ANY OF THE SELLER PARTIES, ANY PERSON WHO HOLDS A DIRECT OR INDIRECT OWNERSHIP INTEREST IN SELLER OR ANY SUCH AFFILIATE AND THE RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, AGENTS, EMPLOYEES, BROKERS AND ATTORNEYS OF EACH SUCH PERSON IN RESPECT OF THE CONDITION OF THE PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS, WAIVERS AND RELEASES SET FORTH HEREIN ARE AN INTEGRAL PART OF THIS AGREEMENT AND THAT SELLER WOULD NOT HAVE AGREED TO COMPLETE THE SALE ON THE TERMS PROVIDED IN THIS 26 AGREEMENT WITHOUT THE DISCLAIMERS, WAIVERS AND RELEASES SET FORTH HEREIN. (b) BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY,INCLUDING BUT NOT LIMITED TO,THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF,AS BUYER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. (c) AS A MATERIAL PART OF THE CONSIDERATION TO SELLER FOR THE SALE OF THE PROPERTY, BUYER, ON BEHALF OF ITSELF, AND ITS SUCCESSORS AND ASSIGNS, FROM AND AFTER CLOSING PURSUANT TO THE AGREEMENT,HEREBY IRREVOCABLY WAIVES,AND RELEASES SELLER AND THE SELLER PARTIES FROM, ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, DAMAGES, CAUSES OF ACTION AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, OTHER THAN THOSE FOR BREACH OF SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT,THAT ARE BASED DIRECTLY OR INDIRECTLY ON,ARISE FROM OR IN CONNECTION WITH, OR ARE RELATED TO: (i) ANY PAST, PRESENT OR FUTURE CONDITION OF THE GROUND LEASE OR THE PROPERTY; (ii) ANY AND ALL STATEMENTS, REPRESENTATIONS, WARRANTIES, DETERMINATIONS, CONCLUSIONS, ASSESSMENTS, ASSERTIONS OR ANY OTHER INFORMATION CONTAINED IN ANY OF THE DOCUMENTS DELIVERED TO BUYER IN CONNECTION HEREWITH (BUT SPECIFICALLY EXCLUDING ANY REPRESENTATIONS OR WARRANTIES MADE BY SELLER IN THIS AGREEMENT), OR ANY MISREPRESENTATION OR FAILURE TO DISCLOSE INFORMATION RELATING TO THE GROUND LEASE, THE PROPERTY OR THE DOCUMENTS DELIVERED TO BUYER IN CONNECTION HEREWITH; OR (iii) ANY DEFECT, INACCURACY OR INADEQUACY IN THE CONDITION OF TITLE TO THE GROUND LEASE OR THE PROPERTY, LEGAL DESCRIPTION OF THE PROPERTY, OR COVENANTS, RESTRICTIONS, ENCUMBRANCES OR ENCROACHMENTS WHICH AFFECT THE GROUND LEASE OR THE PROPERTY. (d) BUYER HEREBY ACKNOWLEDGES AND AGREES THAT (i) BUYER MAY HEREAFTER DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE NOW (OR AS OF THE CLOSING) KNOWN OR BELIEVED TO BE TRUE REGARDING THE GROUND LEASE OR THE PROPERTY AND/OR THE DOCUMENTS DELIVERED TO BUYER IN CONNECTION HEREWITH, (ii) BUYER'S AGREEMENT TO RELEASE, ACQUIT AND DISCHARGE SELLER AS SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT, NOTWITHSTANDING THE EXISTENCE OR DISCOVERY OF ANY SUCH DIFFERENT OR ADDITIONAL FACTS, AND (iii) BUYER KNOWINGLY AND 27 VOLUNTARILY WAIVES ANY AND ALL RIGHTS, BENEFITS AND PRIVILEGES TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY FEDERAL, STATE, LOCAL, OR OTHER LAWS WHICH DO OR WOULD NEGATIVELY AFFECT VALIDITY OR ENFORCEABILITY OF ALL OR PART OF THE RELEASES SET FORTH IN THIS AGREEMENT. (e) TO THE EXTENT PERMITTED BY LAW, BUYER AGREES NEVER TO COMMENCE OR PROSECUTE, OR CONSPIRE OR COLLUDE WITH OTHERS TO COMMENCE OR PROSECUTE,AGAINST THE SELLER,AND/OR ANY OF THE SELLER PARTIES, ANY ACTION OR OTHER PROCEEDING BASED UPON ANY CLAIM SPECIFICALLY RELEASED IN THIS SECTION 14. THIS RELEASE SHALL BE DEEMED REAFFIRMED AT THE CLOSING. (f) FOLLOWING THE CLOSING, AND DURING THE PERIOD OF OPERATION OF ALL OR ANY PORTION OF THE PROPERTY BY BUYER OR ANY OF ITS AFFILIATES TO WHOM BUYER TRANSFERS THE PROPERTY (THE "OWNERSHIP PERIOD"),BUYER MAY CAUSE OR PERMIT THE PROPERTY OR THE GROUND LEASE TO BE CONVERTED TO CONDOMINIUM OWNERSHIP IF AND ONLY IF BUYER SHALL, AND DOES HEREBY AGREE IN THE EVENT OF ANY SUCH CONVERSION TO, INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER AND ALL OF THE SELLER PARTIES FROM ANY AND ALL DEMANDS, CLAIMS, INCLUDING CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, LEGAL OR ADMINISTRATIVE PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, PENALTIES, FINES, JUDGMENTS, COSTS OR EXPENSES WHATSOEVER, WHETHER IN TORT, CONTRACT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES AND DISBURSEMENTS) (COLLECTIVELY, "CLAIMS"), MADE OR BROUGHT BY ANY PARTY OR PARTIES WHO ACQUIRE OR CONTRACT TO ACQUIRE ANY OWNERSHIP INTEREST IN A CONDOMINIUM APARTMENT OR UNIT ON THE PROPERTY FOLLOWING THE DATE OF BUYER'S ACQUISITION OF SELLER'S INTEREST IN THE GROUND LEASE, ARISING OUT OF CONSTRUCTION DEFECTS, WHETHER LATENT OR PATENT, IN THE IMPROVEMENTS OR IN ANY MECHANICAL, ELECTRICAL, PLUMBING, SEWAGE, HEATING, VENTILATING, AIR CONDITIONING AND OTHER SYSTEMS THEREIN OR THEREON. THE INDEMNITY PROVIDED FOR IN THIS SECTION 14(F) SHALL SURVIVE THE CLOSING FOR A PERIOD EXPIRING ON THE EARLIER TO OCCUR OF THE END OF THE OWNERSHIP PERIOD OR THE EXPIRATION OF ANY STATUTE OF LIMITATIONS APPLICABLE TO THE CLAIMS AGAINST SELLER AND THE SELLER PARTIES. FOR THE PURPOSES OF THIS SECTION 14(F), "AFFILIATE" SHALL MEAN ANY ENTITY: (I) CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH BUYER;AND/OR(II) PARTIALLY OR WHOLLY OWNED BY, OWNING OR HAVING ANY OWNERSHIP INTEREST IN BUYER, WHETHER DIRECTLY OR INDIRECTLY, OR IN WHICH BUYER HAS ANY DIRECT OR INDIRECT OWNERSHIP INTEREST. BUYER'S OBLIGATIONS AND SELLER'S RIGHTS UNDER THIS SECTION 14(F) SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, BUYER'S OBLIGATIONS AND SELLER'S RIGHTS UNDER THE CONDO PROHIBITION AGREEMENT. 28 (g) THE PROVISIONS OF THIS SECTION 14 SHALL SURVIVE CLOSING OR ANY TERMINATION OF THIS AGREEMENT. 15. GENERAL PROVISIONS. (a) Governing Law. This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the state where the Property is located. (b) Severability. In the event any term or provision of this Agreement shall be held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. (c) Binding Effect, Entire Agreement, Modification. This Agreement shall be binding upon, and shall inure to the benefit of, the heirs, representatives, successors and permitted assigns of the Parties. This Agreement embodies the entire contract between the Parties with respect to the Ground Lease and the Property and supersedes any and all prior agreements and understandings, written or oral, formal or informal including, without limitation, any letter of intent relating to a sale of Seller's interest in the Ground Lease.No modifications or amendments to this Agreement, of any kind whatsoever, shall be made or claimed by Seller or Buyer, and no notices of any extension, change, modification or amendment made or claimed by Seller or Buyer shall have any force or effect whatsoever unless the same shall be endorsed in writing and fully signed by Seller and Buyer. (d) Time of Essence. Time shall be of the essence of this Agreement. (e) Captions. Captions and Article headings contained in this Agreement are for convenience of reference only and in no way define, describe, extend or limit the scope or intent of this Agreement nor the intent of any provision hereof. (f) Assignment. This Agreement is not assignable by Buyer other than to an entity controlling, controlled by, or under common control with, Buyer ("Permitted Assignment"). Notwithstanding the foregoing, (i) a Permitted Assignment shall not relieve Buyer of its obligations hereunder; (ii)Buyer and such assignee shall remain jointly and severally liable for all obligations of Buyer hereunder; and (iii) Buyer will provide written notice to Seller of any Permitted Assignment at least five (5)business days prior to Closing. All representations and warranties of Buyer under this Agreement shall be deemed remade and as if first made on and as of the date of such Permitted Assignment. (g) Waiver. No delay or omission in the exercise of any right or remedy accruing to either Party upon any breach by the other Party under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. Except as expressly provided in this Agreement, no waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against whom it is asserted and any such written waiver shall only be applicable to the 29 specific instance to which it relates and shall not be deemed to be a continuing or future waiver. (h) Recordation of Agreement. Neither this Agreement nor any memorandum thereof or reference thereto may be recorded in any Public Records in any state, including the state where the Property is located. (i) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. Copies of this Agreement bearing the signatures of the Parties shall be as binding as originals. 0) Interpretation. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the Party causing this Agreement or any part thereof to be drafted. Unless this Agreement expressly or necessarily requires otherwise, any time period measured in "days" means consecutive calendar days, except that the expiration of any time period measured in days that expires on a Saturday, Sunday or legal holiday automatically will be extended to the next day that is not a Saturday, Sunday or legal holiday. As used in this Agreement, "business day" means any day that is not a Saturday, Sunday or legal holiday. (k) Lead-Based Paint Disclosure. EVERY BUYER OF ANY INTEREST IN RESIDENTIAL REAL PROPERTY ON WHICH A RESIDENTIAL DWELLING WAS BUILT PRIOR TO 1978 IS NOTIFIED THAT SUCH PROPERTY MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL DAMAGE, INCLUDING LEARNING DISABILITIES, REDUCED INTELLIGENCE QUOTIENT, BEHAVIORAL PROBLEMS,AND IMPAIRED MEMORY. LEAD POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. THE SELLER OF ANY INTEREST IN RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY INFORMATION ON LEAD-BASED PAINT HAZARDS FROM RISK ASSESSMENTS OR INSPECTIONS IN THE SELLER'S POSSESSION AND NOTIFY THE BUYER OF ANY KNOWN LEAD-BASED PAINT HAZARDS. A RISK ASSESSMENT OR INSPECTION FOR POSSIBLE LEAD-BASED PAINT HAZARDS IS RECOMMENDED PRIOR TO PURCHASE. By its execution of this Agreement, Buyer acknowledges that it has (a) read and understands the foregoing Lead Warning Statement, (b) reviewed, or during the Inspection Period will review, any documents concerning lead-based paint or lead-based paint hazards located on the Property or otherwise provided for review by or on behalf of Seller, and (c) independently obtained a lead hazard information pamphlet in the form prescribed by the Environmental Protection Agency under Section 406 of the Toxic Substances Control Act. Buyer shall conduct such studies and tests for lead-based paint during the Inspection Period as Buyer deems appropriate. 30 (1) Facsimile, Electronic Signature. This Agreement may be executed in handwriting and delivered by facsimile or electronic delivery. Any such delivery shall be treated as an original signature for all purposes. (m) Advice of Counsel. Each Party acknowledges that it has been advised, or has had the opportunity to be advised, by its own counsel with respect to the transaction governed by this Agreement. (n) JURISDICTION, JURY TRIAL WAIVER. ALL DISPUTES BETWEEN BUYER AND SELLER ARISING UNDER OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT OR EQUITY OR OTHERWISE, SHALL BE RESOLVED ONLY IN THE FEDERAL OR STATE COURTS SITUATED IN NUECES COUNTY, TEXAS; AND EACH PARTY HERETO SUBMITS TO THE JURISDICTION OF SUCH COURTS AND WAIVES ANY OBJECTION TO THE VENUE AND JURISDICTION OF SUCH COURTS. BUYER AND SELLER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. BUYER ACKNOWLEDGES THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO SELLER IN ENTERING INTO THIS AGREEMENT AND THAT BUYER HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. (o) Survival. Except as otherwise expressly provided in this Agreement, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. The delivery of the Ground Lease Assignment to Buyer shall be deemed to be a full performance of Seller under this Agreement and discharge of every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which by the terms of this Agreement expressly survive the Closing. (p) No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. (q) Withdrawal of Offer.Until this Agreement is fully executed by both Parties, Seller reserves the right to withdraw its offer to sell its interest in the Ground Lease to Buyer pursuant to the terms of this Agreement. (r) Confidentiality. Without the prior written consent of the other Party,neither Seller nor Buyer will disclose to any person, other than their legal counsel or a proposed lender, either the fact that this Agreement has been entered into or any of the terms, 31 conditions or other facts with respect thereto, including the status thereof, provided, however, that either Party may make such disclosure if compelled by court order or to comply with the requirements of any law, governmental order or regulation. This Section 15(r) shall survive the Closing or earlier termination of this Agreement. (s) Oil and Gas Rights Disclosure. Oil and gas rights can be severed from the title to real property by conveyance of the oil and gas rights from the owner or by reservation of the oil and gas rights by the owner. If oil and gas rights are or will be severed from the Property, the owner of those rights may have the perpetual right to drill, mine, explore, and remove any of the subsurface oil or gas resources on or from the Property either directly from the surface of the property or from a nearby location. With regard to the severance of oil and gas rights, Seller makes no disclosure,representation or warranty. (t) 1031 Exchange. If requested by any Party (the "Requesting Party"), the other Party (the "Responding Party") will reasonably cooperate in structuring and completing the transactions contemplated by this Agreement for the Requesting Parry so as to effect a like kind exchange ("Exchange") pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended (the "Code"). In particular, such Responding Party will consent to the assignment by the Requesting Party prior to the Closing of the Requesting Parry's rights under this Agreement to a"qualified intermediary" or other third party in order to effectuate such Exchange. The foregoing notwithstanding, in connection with any such Exchange, no Responding Parry shall have any obligation to acquire title to any real property nor to enter into any contract: (i) that may create or impose upon such Party any non-monetary obligation or negative covenant; (ii)that does not provide that the sole and exclusive remedy of any seller for a breach shall be to retain as liquidated damages the deposit paid to said seller; or (iii) that requires such Responding Party to execute any mortgage, deed of trust or similar financing instrument. It is further agreed that: (1) no Party shall assume any responsibility for the tax consequences to any other Parry arising out of any Exchange; (2)the Requesting Party shall reimburse the Responding Party for all additional costs and expenses (including reasonable attorney's fees) incurred by such Responding Parry in connection with any such Exchange; (3) the Requesting Party shall indemnify and hold the Responding Parry harmless from and against any and all loss, cost, damage, expense or other liability (including reasonable attorneys' fees) that such Responding Party may incur or suffer in the performance of such Responding Party's obligations under this Section 15(t); and(4)the Responding Party makes no representation or warranty with respect to any tax treatment of any Exchange undertaken by the Requesting Party, it being understood and agreed that such Exchange shall be undertaken at the sole risk of the Requesting Parry. The provisions of this Section 15(t) shall survive the Closing. 16. TAX CREDIT PROVISIONS. (a) Tax Credits. Buyer acknowledges and agrees that Seller has operated the Property as a project intended to generate low-income housing tax credits("Tax Credits") under Section 42 of the Code. To that end,the Property is subject to and operated pursuant to the Regulatory Agreements (the "Tax Credit Documents"). Buyer acknowledges and agrees that any conveyance of Seller's interest in the Ground Lease is subject to the Regulatory Agreements, Section 42 of the Code (including applicable treasury 32 regulations), and the rules, practices and regulations of the TDHCA and CCHFA (the "Agency Rules"); provided, however, that the covenants contained in the Regulatory Agreements, the requirements of Section 42 of the Code (including applicable treasury regulations) and the obligations of Agency Rules shall survive and be effective regardless of whether any instrument conveying Seller's interest in the Ground Lease provides that such conveyance is subject to the Regulatory Agreements, Section 42 of the Code (including applicable treasury regulations) and/or the Agency Rules. Buyer covenants and agrees that the Project will continue to be operated and maintained in strict compliance with all Applicable Requirements (hereinafter defined) after Closing. Buyer shall assume in writing the Regulatory Agreements, and shall be responsible for any compliance monitoring or other fees attributable to the period of time from and after the Closing Date. As used herein, the "Applicable Requirements" shall mean all applicable restrictions, procedures, regulations, guidelines and reporting requirements under (i) Section 42 of the Code, (ii)the Regulatory Agreements, (iii)the Agency Rules, and (iv) all other applicable federal, state or local laws relating thereto. Buyer agrees to operate and maintain the Project in compliance with all such Applicable Requirements and shall engage a property management firm with experience in operating affordable housing projects to operate the Project in compliance with such Applicable Requirements. (b) Termination of Agreements. Following the Closing, nothing contained in this Agreement shall prohibit,restrict or hinder Buyer from seeking to have the Regulatory Agreements terminated, rescinded or voided either by agreement of TDHCA or under any provisions of applicable law; provided, however, that such termination shall not have any adverse effect on Seller. (c) Regulatory Agreement Indemnification. Buyer agrees to protect, indemnify, defend and hold harmless Seller(and its affiliates, partners, owners,members, directors, officers, employees, agents and representatives) from and against any and all Costs, claims and lawsuits (including, without limitation, reasonable attorneys' fees and litigation expenses) arising from or related to any claims asserted against Buyer or Seller under the Regulatory Agreements for events occurring or obligations arising under the Regulatory Agreements on or after the Closing Date or due to any act or omission on the part of Buyer on or after the Closing Date. (d) Investor Requirements. Promptly after Seller's request therefor, Buyer shall deliver to Seller all documents and information reasonably requested or required by any one or more of the Investors, including (without limitation) any notice of the transfer contemplated by this Agreement, any assumption of Seller's obligations with respect to the Project or the operation thereof and any information related to any new property management company for the Project. To the extent any of the foregoing are necessary to effectuate the Closing, Buyer shall deliver the same to Seller or the Escrow Agent not less than three (3) business days prior to the Closing Date. (e) Survival. The provisions of this Section 16 shall survive the Closing. 33 17. SPECIAL PROVISIONS' (a) Defeasance. Buyer acknowledges and agrees that Seller will be causing certain bonds (the "Bonds")to be defeased or redeemed at Closing and that the applicable bond trustee (the "Bond Trustee") must receive its wire prior to 1:00 p.m. EDT on the Closing Date (the "Bond Trustee Deadline"). Accordingly, notwithstanding anything to the contrary in this Agreement, Buyer shall cause all of Buyer's Closing Deliveries to be deposited into escrow with the Escrow Agent by no later than one (1)business day before the Closing Date. If the Bond Trustee does not receive its wire by the Bond Trustee Deadline and Seller is unable to cause the defeasance or redemption of the Bonds on the Closing Date,then: (i)such events shall not constitute a Seller Default; and(ii)Buyer shall be responsible for any and all additional costs, fees and expenses imposed as a result of such non-receipt of the Bond Trustee's wire; and (iii) Seller and Buyer agree to use commercially reasonable efforts to effectuate the Closing as contemplated by this Agreement. Seller will use commercially reasonable efforts to make arrangements for the redemption and/or defeasance of the Bonds to occur with Closing. Without limiting the generality of the foregoing, to the extent an opinion of bond counsel is required in connection with any such approval, Seller shall arrange to provide any such opinion at its sole cost and expense. Buyer shall cooperate with Seller's efforts to have such Bonds defeased or redeemed at Closing, including supplying an enforceability opinion with respect to the enforceability of any Regulatory Agreements, at Buyer's expense (which shall be deemed costs of the Required Consents for all purposes under this Agreement). (b) Additional Texas Provisions. (i) DTPA WAIVER OF CONSUMER RIGHTS. BUYER AND SELLER ACKNOWLEDGE THAT THE TEXAS DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION ACT (SECTION 17.41 ET SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE), A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS (THE "TEXAS ACT"),DOES NOT APPLY TO THE SALE OF SELLER'S INTEREST IN THE GROUND LEASE CONTEMPLATED BY THIS AGREEMENT BECAUSE THE CONSIDERATION FOR SELLER'S INTEREST IN THE GROUND LEASE IS GREATER THAN FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00), AND PURSUANT TO SECTION 17.42 OF THE TEXAS ACT, BUYER HEREBY VOLUNTARILY WAIVES ANY RIGHTS THAT IT MAY HAVE UNDER THE TEXAS ACT AFTER CONSULTING WITH LEGAL COUNSEL OF ITS OWN SELECTION. (ii) NOTICE UNDER TEXAS REAL ESTATE LICENSE ACT, DEED RESTRICTIONS. The Texas Real Estate License Act requires written notice to Buyer that it should have an attorney examine an abstract of title to a Texas property or obtain a title insurance policy. Notice to that effect is,therefore, hereby given to Buyer with respect to this transaction. Seller hereby advises Buyer to review carefully all deed restrictions and similar encumbrances affecting the ' NTD: This section may be supplemented after full review of the ground lease, financing documentation, and regulatory documentation. 34 Property that are indicated by the Title Commitment as obtained by Buyer. The parties further agree that if the Property is located in a city, county or other governmental unit which by law or ordinance requires a closing document listing all deed restrictions and/or similar encumbrances affecting the Property, then at Closing, Buyer and Seller shall execute, acknowledge and record such prescribed closing document. (iii) NOTICE REGARDING TEXAS PROPERTY IN UNINCORPORATED AREA. Pursuant to the requirements of Section 5.011 of the Texas Property Code, Seller hereby notifies Buyer that if the Property related to this Agreement is located outside the limits of a municipality, such Property may now or later be included within the extra-territorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extra-territorial jurisdiction. To determine if such Property is located within a municipality's extra- territorial jurisdiction, contact all municipalities located in the general proximity of such Property for further information. (iv) TEXAS MUNICIPAL UTILITIES DISTRICT NOTICE. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage or flood control facilities and services, the Texas Water Code requires Seller to deliver and Buyer to sign and acknowledge, at the closing, the statutory notice relating to the tax rate, bonded indebtedness or standby fee of the district. Such notice shall be recorded in the real property (deed) records of the county in which such Property is located. (v) NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES. If, for the current ad valorem tax year, the taxable value of the Property is determined by a special appraisal method that allows for appraisal of the Property at less than its market value, then the person or entity to whom the Property is transferred may not be allowed to qualify the Property for that special appraisal in a subsequent tax year and the Property may then be appraised at its full market value. In addition, the transfer of the Property or a subsequent change in the use of the Property may result in the imposition of an additional tax plus interest as a penalty for the transfer or change in the use of the Property. The taxable value of the Property and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the Property is located. (vi) NOTICE TO BUYER REGARDING RESTRICTIVE COVENANTS. If the Property is located in a municipality that has required any person who sells or conveys restricted property located inside the boundaries of the municipality to first give to the buyer written notice of the restrictions and notice of the municipality's right to enforce compliance,then at Closing, Seller and Buyer shall execute, acknowledge and cause to be recorded in the real property records of the county in which the Property is located the notice required by Section 212.155 of the Texas Local Government Code. 35 (vii) THE WATERS. Seller hereby notifies Buyer pursuant to Section 33.135 of the Texas Natural Resources Code that if the Property adjoins or abuts tidally influenced waters, then the following notice shall be applicable: (a) The Property adjoins and shares a common boundary with the tidally influenced submerged lands of the state. The boundary is subject to change and can be determined accurately only by a survey on the ground made by a licensed state land surveyor in accordance with the original grant from the sovereign. The owner of the Property may gain or lose portions of the tract because of changes in the boundary. (b) The seller, transferor or grantor has no knowledge of any prior fill as it relates to the Property. (c) State law prohibits the use, encumbrance, construction, or placing of any structure in, on, or over state-owned submerged lands below the applicable tide line,without proper permission. (d) Buyer is hereby advised to seek the advice of an attorney or other qualified person as to the legal nature and effect of the facts set forth in this notice on the Property. Information regarding the location of the applicable tide line as to the Property may be obtained from the surveying division of the General Land Office in Austin. (viii) NOTICE TO PURCHASER OF PROPERTY LOCATED IN CERTAIN ANNEXED WATER DISTRICTS. If the Property is situated in a water or sanitary sewer district which entered into a contract with a city with a population of 1.8 million or less that allows the city to set rates in the district after annexation which are different from rates charged to other residents of the city,then at Closing Seller shall issue to Buyer and Buyer shall acknowledge receipt of the notice required by Section 54,016(h)(4)(A) of the Texas Water Code. (ix) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER. If the Property is located in a certified water or sewer service area, then Seller hereby notifies Buyer as follows, as is contemplated in Section 13.257 of the Texas Water Code: The Property that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your Property is located in a certificated area,then there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the 36 foregoing notice at or before the execution of a binding Agreement for the purchase of the Property or at Closing of purchase of the Property. (x) PUBLIC IMPROVEMENT DISTRICTS. As a courtesy to Buyer, Seller hereby notifies Buyer as follows: If the property is located in a public improvement district, then as a purchaser of the Property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372 of the Texas Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Buyer's failure to pay the assessments could result in a lien on and the foreclosure of your Property. (xi) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT. Buyer should contact the Texas Department of Agriculture to determine whether the Property is located in a Texas Agricultural Development District. (xii) NOTICE OF UNDERGROUND OR ABOVEGROUND STORAGE TANKS. Notice of Underground or Aboveground Storage Tanks. If the Property includes the sale or conveyance of a tank (or tank system) which is designed or intended to be installed as an underground storage tank or an above ground storage tank, then at Closing, Seller shall issue to Buyer and Buyer shall acknowledge receipt of the notice required by Section 334.9 of the Texas Administrative Code. (xiii) NOTICE OF LOCATION OF PROPERTY IN THE AREA OF THE ALIGNMENT OF A TRANSPORTATION PROJECT. As a courtesy to Buyer, Seller hereby notifies Buyer as follows: The Property may be located within the area of the alignment of a transportation project as shown on a final environmental decision document that is applicable to the future transportation corridor identified in an agreement between the Texas Department of Transportation and the county in which the Property is located under Section 201.619 of the Texas Transportation Code. (c) Simultaneous Closing and Cross-Conditioning of Related Agreements. Concurrently herewith, Buyer (or one or more affiliates of Buyer, as applicable, the "Related Buyers") and certain affiliates of Sellers (the "Seller Affiliates") have entered into the Purchase and Sale Agreements dated as of even date herewith (the "Related Agreements"), which Related Agreements are more particularly described on Schedule "17 c " attached hereto and made a part hereof. Pursuant to the Related Agreements, the Seller Affiliates will sell and the Related Buyers will buy certain interests of the Seller Affiliates (collectively, the "Related Interests"). Notwithstanding anything to the 37 contrary in this Agreement or in the Related Agreements, Sellers and Buyer hereby acknowledge and agree that the following provisions shall apply: (i) The transactions contemplated by this Agreement are expressly contingent and conditioned upon the consummation of each and all of the transactions provided for under the Related Agreements and are further expressly contingent and conditioned upon the simultaneous closing of the acquisition of the Related Interests by Related Buyers from the Seller Affiliates pursuant to the Related Agreements. (ii) The Closing under this Agreement shall occur simultaneously with the closings under the Related Agreements. (iii) If any of the transactions contemplated under the Related Agreements fail to occur for any reason, then none of the transactions under this Agreement shall be consummated. (iv) Provided that any required notice is timely given and that any applicable deposit is made: (A) an extension of any time period as expressly provided for and/or permitted under this Agreement shall be deemed to be an extension of the corresponding period of time under the Related Agreements, and (B) an extension of any time period as expressly provided for and permitted under a Related Agreement shall be deemed to be an extension of the corresponding period of time under this Agreement. For the avoidance of doubt, Buyer's exercise or waiver of any closing extension option under this Agreement, if any, shall be deemed the Related Buyers' exercise or waiver of the corresponding rights as set forth in the Related Agreements, if any (such that, when this Agreement and the Related Agreements are taken together collectively as a single transaction, Buyer and the Related Buyers are not deemed to have more than one(1)extension period), provided that Buyer shall, as a condition to exercising any closing extension option under this Agreement, be obligated to make or cause the Related Buyers to make the corresponding deposits required to extend Closing as set forth in the Related Agreements concurrently with Buyer making the Extension Deposit under this Agreement, as applicable. (v) If any Related Buyer or any Seller Affiliate properly terminates any Related Agreement in accordance with the terms and conditions of such Related Agreement and pursuant to a termination right expressly granted in such Related Agreement,then unless otherwise expressly agreed in writing by Buyer and Sellers to the contrary: (A) this Agreement shall concurrently terminate; (B) the Deposit under this Agreement shall be disbursed(x)to Buyer,if a Related Buyer is entitled to the corresponding deposit under such Related Agreement, or (y) to Sellers, if a Seller Affiliate is entitled to the corresponding deposit under such Related Agreement; and (C) neither of the parties hereto shall have any further rights or obligations hereunder except for any obligation or liability that is expressly stated in this Agreement to survive termination of this Agreement. 38 [Remainder of this page intentionally left blank; signatures follow] 39 The Parties have executed this Agreement on the respective dates indicated below. SELLER: COSTA TARRAGONA I,LTD. A Texas limited partnership By: CCHFC Costa Tarragona I, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: (Seller's Signature Page to Purchase and Sale Agreement) [signatures continue on the following pages] The Parties have executed this Agreement on the respective dates indicated below. BUYER: HKSK CORP., A New York corporation By: Name: Title: (Buyer's Signature Page to Purchase and Sale Agreement) [signatures continue on the following page] JOINDER BY ESCROW AGENT Stewart Title Guaranty Company,referred to in this Agreement as"Escrow Agent,"hereby acknowledges that it received this Agreement executed by Seller and Buyer as of 2025, and accepts the obligations of Escrow Agent as set forth herein. ESCROW AGENT: STEWART TITLE GUARANTY COMPANY By: Name: Title: (Escrow Agent's Signature Page to Purchase and Sale Agreement) LIST OF SCHEDULES AND EXHIBITS Exhibit"A" —Legal Description of the Property Exhibit"B" —Rent Roll Exhibit"C" — Tangible Personal Property Exhibit"D" —Form of Ground Lease Assignment Exhibit"E" —Form of Title Affidavit Exhibit"F" —Form of Bill of Sale, Assignment and Assumption Exhibit"G" —Form of Tenant Notice Letter Exhibit"H" —Deliveries Exhibit"I" — Service Contracts Exhibit"Y —Form of Condo Prohibition Agreement Schedule "7(a)" —Exceptions to Seller's Representations and Warranties Schedule "17(b)" —Related Agreements EXHIBIT "A" LEGAL DESCRIPTION All of Lot Two(2),Block One(1), WEST PARK ADDITION, a subdivision of the City of Corpus Christi,Nueces County, Texas, according to the map or plat thereof recorded in Volume 65,Pages I 1-12,Map Records of Nueces County, Texas. Exhibit"A"—Page 1 of 1 EXHIBIT `B" RENT ROLL See attached. [to be attached] Exhibit`B"—Page 1 of 1 EXHIBIT "C" TANGIBLE PERSONAL PROPERTY LISTING See attached. [to be attached] Exhibit"C—Page 1 of 1 EXHIBIT "D" FORM OF GROUND LEASE ASSIGNMENT [INSERT FORM OF GROUND LEASE ASSIGNMENT BASED ON JURISDICTION WHERE PROPERTY IS LOCATED] Exhibit"D"—Page 1 of 1 EXHIBIT "E" TITLE AFFIDAVIT STATE OF TEXAS ) )SS. COUNTY OF NUECES ) The undersigned, COSTA TARRAGONA I, LTD., a Texas limited partnership, acting by its general partner, CCHFC Costa Tarragona I, LLC, a Texas limited liability company (referred to herein as "Owner"), being duly sworn according to law, deposes and states that: I. Reference is hereby made to the leasehold interest in the real property located in City of Corpus Christi, County of Nueces, State of Texas, commonly known as 2240 N. Padre Island Drive, Corpus Christi, Texas, and more particularly described in Exhibit A to [ ] (the "Title Company") Commitment No. (the "Property"). This Affidavit is being executed by , the , of the Corpus Christi Housing Finance Corporation, the sole member of the general partner of Owner. 2. Owner is authorized to execute this affidavit and has the ability to execute all instruments necessary to convey the Property pursuant to authority under the applicable organizational and governance documents of Owner. 3. Owner is in good standing in its state of formation. 4. To Owner's actual knowledge, without investigation or inquiry, there are no unrecorded documents affecting title to the Property entered into by Owner and no other person or entity that has a legal or equitable right to the Property, in each case other than (a) any matters contained in the real property records of the county in which the Property is located,(b)any matters set forth in the leases or other occupancy agreements with the parties identified on the Rent Roll for the Property dated , which has been disclosed to the Title Company, and (c) [none if blank]. 5. To Owner's actual knowledge, without investigation or inquiry, Owner has received no actual, written notice of any taxes and/or special assessments affecting the Property other than those shown on the title commitment and as disclosed in the tax assessor's records. 6. To Owner's actual knowledge,without investigation or inquiry,there are no unpaid bills or claims for labor or services performed or materials furnished or delivered during the last three (3) months for alterations, repair, work, or new construction on the Property by Owner that have not been paid in full other than [none if blank]. 7. To Owner's actual knowledge, without investigation or inquiry, no proceeding in bankruptcy has been instituted within the past three (3)years by or against Owner, nor has Owner made any assignment for the benefit of creditors within the past three (3)years. 8. To Owner's actual knowledge, without investigation or inquiry, there is no action or proceeding asserted against Owner relating to the Property in any state or federal court in the United States,nor are there any state or federal judgments or any federal liens of any kind or nature whatsoever which now constitutes a lien or charge upon the Property. Exhibit'F"—Page 1 of 3 9. This affidavit is given to induce the Title Company to issue that certain title policy in favor of ,pursuant to its Commitment No. , with full knowledge that it will be relying upon the accuracy of same. [Remainder of this page intentionally left blank; signatures and acknowledgments follow] Exhibit"F"—Page 2 of 3 OWNER: COSTA TARRAGONA I,LTD. A Texas limited partnership By: CCHFC Costa Tarragona I, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: Date: , 2025 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of )2025, by ,the of the Corpus Christi Housing Finance Corporation, acting as the sole member of CCHFC Costa Tarragona I, LLC, a Texas limited liability company, acting as the general partner of COSTA TARRAGONA I, LTD., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas (Signature Page to Title Affidavit) Exhibit"F"—Page 3 of 3 EXHIBIT "F" BILL OF SALE,ASSIGNMENT AND ASSUMPTION (Costa Tarragona I Apartments, Corpus Christi, Texas) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned,COSTA TARRAGONA I,LTD.,a Texas limited partnership("Seller"),hereby sells, transfers, assigns and conveys to [ , a ] ("Buyer"), with respect to Seller's leasehold interest in the Property (as hereinafter defined) pursuant to the "Ground Lease" (as hereinafter defined), the following as of 2025 (the "Effective Date"): 1. Tangible Personal Property. All right, title and interest of Seller in and to the "Tangible Personal Property" (as hereinafter defined). 2. Leases. All right, title and interest of Seller in and to the "Leases" (as hereinafter defined). 3. Assumed Service Contracts. All right, title and interest of Seller in and to the "Assumed Service Contracts" (as hereinafter defined)with respect to the Property. 4. Intangible Personal Property. All right, title and interest of Seller, to the extent assignable, in and to any other"Intangible Personal Property" (as hereinafter defined). This Bill of Sale, Assignment and Assumption is given pursuant to that certain Purchase Agreement dated as of , 2025 (as the same may have been amended, modified and/or assigned, the "Purchase Agreement"), by and between Seller and HKSK Corp., as Buyer (as predecessor-in-interest to Buyer), providing for the sale of Seller's interest in the Ground Lease. The covenants, agreements, and limitations (including,but not limited to, the limitations provided in Sections 7 and 14 of the Purchase Agreement)provided in the Purchase Agreement with respect to the property conveyed hereunder are hereby incorporated herein by this reference as if herein set out in full. Buyer hereby accepts the foregoing assignment and agrees to assume and discharge, in accordance with the terms thereof, (1) all of the obligations of Seller under the Leases and Assumed Service Contracts,to the extent the same arise on or after the Effective Date, and(2) the obligation to pay all unpaid payments that are credited to Buyer under the proration provisions of the Purchase Agreement(including all prepaid rentals and tenants' cash security deposits relating to any period prior to the Closing Date that are credited to Buyer). This Bill of Sale, Assignment and Assumption shall inure to the benefit of and shall be binding upon Seller and Buyer, and their respective successors and assigns. The Assumed Service Contracts, Intangible Personal Property and Leases are each being conveyed "as is" without warranty or representation of any kind, except as expressly set forth in the Purchase Agreement and subject to the limitations set forth in the Purchase Agreement, including (without limitation) the Floor, Cap and Warranty Expiration Date. As used herein, the"Assumed Service Contracts", "Closing Date", "Ground Lease", "Intangible Personal Property", "Leases", "Property", and "Tangible Personal Property" shall have the respective meanings set forth for the same in the Purchase Agreement. Exhibit"G"—Page 1 of 4 This Bill of Sale, Assignment and Assumption may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. [Remainder of this page intentionally left blank;signatures and acknowledgments follow] Exhibit"G"—Page 2 of 4 The parties hereto have executed this Bill of Sale, Assignment and Assumption as of the Effective Date. SELLER: COSTA TARRAGONA I,LTD. A Texas limited partnership By: CCHFC Costa Tarragona I, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of ,2025, by ,the of the Corpus Christi Housing Finance Corporation, acting as the sole member of CCHFC Costa Tarragona I, LLC, a Texas limited liability company, acting as the general partner of COSTA TARRAGONA I, LTD., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas (Seller's Signature Page to Bill of Sale,Assignment and Assumption) Exhibit"G"—Page 3 of 4 The parties hereto have executed this Bill of Sale, Assignment and Assumption as of the Effective Date. BUYER: a/n By: Print: Title: Date: , 202 STATE OF § COUNTY OF § Before me, a Notary Public in and for said County and State, personally appeared [ 1, the [ 1 of [ 1, a/n [ 11 on behalf of such entity, and that the same is his/her free act and deed and the free act and deed of said entity. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this day of 202 Notary Public My commission expires: (Buyer's Signature Page to Bill of Sale,Assignment and Assumption) Exhibit"G"—Page 4 of 4 EXHIBIT "G" TENANT NOTIFICATION LETTER 202 Tenants of[ ] Please be advised that: 1. , a/n ("Buyer"), has purchased the captioned property (the "Property")from [ ], a/n [ ] ("Seller"). 2. In connection with such purchase, Seller has transferred your Lease, including the security deposit as specified in your lease (less any portion thereof previously applied by Seller pursuant to your lease) (the "Security Deposit") to Buyer. Buyer specifically acknowledges the receipt of and sole responsibility for the return of the Security Deposit. 3. All rental and other payments that become due subsequent to the date hereof should be payable to Buyer and should be delivered to the on-site manager of the Property unless you are otherwise notified by Buyer in writing. [Remainder of this page intentionally left blank; signatures to follow] Exhibit"G"—Page 1 of 3 SELLER: COSTA TARRAGONA I,LTD. A Texas limited partnership By: CCHFC Costa Tarragona I, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: (Seller's Signature Page to Tenant Notice Letter) Exhibit"G"—Page 2 of 3 BUYER: a/n By: Name: Title: Date: , 202 (Buyer's Signature Page to Tenant Notice Letter) Exhibit"G"—Page 3 of 3 EXHIBIT "H" DELIVERIES See attached. [NRP TO PROVIDE] Exhibit"H"—Page 1 of 1 EXHIBIT "I" SERVICE CONTRACTS See attached. [NRP TO PROVIDE] Exhibit"H"—Page 1 of 1 EXHIBIT "J" FORM OF CONDO PROHIBITION AGREEMENT AGREEMENT PROHIBITING CONDOMINIUM CONVERSION THIS AGREEMENT PROHIBITING CONDOMINIUM CONVERSION ("Agreement") is made and entered into as of ,2025 (the"Effective Date"),by and between COSTA TARRAGONA I, LTD., a Texas limited partnership ("Seller"), and , a/n (collectively, together with its successors and assigns, "Purchaser"). WITNESSETH : WHEREAS, Seller and Purchaser have entered into that certain Purchase and Sale Agreement dated as of , 2025 (as the same may have been amended, modified and/or assigned,the"PSA")relating to the sale by Seller to Purchaser of that parcel of real property located in Nueces County, Texas, and more particularly described on Exhibit"A" attached hereto (the "Lance'), together with certain apartment buildings and related personal property and other rights located thereon and relating thereto (the "Improvements" and the Land and the Improvements collectively referred to herein as the "Property"). WHEREAS, as a condition to Seller conveying the Property to Purchaser and in consideration of Seller accepting the purchase price and conveying the Property as set forth in the PSA to Purchaser, Purchaser has agreed with Seller to execute and record this Agreement providing for certain restrictions relating to the future use of the Property for a period of time after the date of this Agreement as more fully set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration,the receipt and sufficiency of which hereby are acknowledged, Seller and Purchaser hereby agree as follows: Section 1. Definitions and Interpretation. The following terms shall have the following meanings: "Condominium Conversion" shall mean the filing or recording of any document providing for the conversion of the Property to a form of condominium ownership under any state or local statute or ordinance. "County" shall mean the county in which the Land is located. "Event of Defaulf' shall have the meaning set forth in Section 8(a)below. "Mortgage" shall mean any bona-fide unpaid and outstanding mortgage or deed of trust on the Property or other instrument creating a valid security interest against the Property. "Mortgagee" shall mean the holder of any Mortgage. Exhibit"A"—Page 1 of 10 "Purchaser" shall have the meaning set forth in the Preamble hereof, provided, however, that if more than one person and/or entity executes this Agreement as Purchaser, then each such person and/or entity that comprises Purchaser under this Agreement shall be jointly and severally liable for all of the obligations, covenants, liabilities and indemnifications of the Purchaser under this Agreement. "Term" shall have the meaning set forth in Section 3 below. "Transferee" shall have the meaning set forth in Section 4 below. "Units" shall mean any portion of the Property created in connection with any Condominium Conversion. Section 2. Prohibition Against Condominium Conversion. The Purchaser hereby acknowledges, covenants and agrees that during the Term of this Agreement: (a) The Property shall not be subject to any Condominium Conversion and neither shall any portion of the Property be converted to Units for sale in connection with a Condominium Conversion nor shall the title to any such Units be transferred to any party. For the avoidance of doubt, in no event shall Purchaser undertake or permit to be undertaken any Condominium Conversion, and any attempted Condominium Conversion shall be void ab initio. (b) No part of the Property will at any time be owned or used as a cooperative housing corporation or stock corporation. Section 3. Term. This Agreement and all and several of the terms hereof shall become effective upon the Effective Date and shall remain in full force and effect until [insert date that is 20 years after the Effective Date] (the"Term"), whereupon this Agreement shall terminate and be of no further force and effect and the Property will be free of the restrictions contained in this Agreement without the need for any additional action. Section 4. Covenants to Run With the Land. The Purchaser and Seller hereby subject the Property to the covenants, reservations and restrictions set forth in this Agreement. The Purchaser and the Seller hereby declare their express intent that the covenants, obligations, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Purchaser's successors in title to the Property. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, obligations, reservations and restrictions, regardless of whether such covenants, obligations, reservations and restrictions are set forth in such contract, deed or other instrument. The acceptance by any person, entity or other owner ("Transferee") of any deed to the Property or any portion thereof or interest therein from Purchaser or any prior Transferee to shall be deemed the accepting Transferee's assumption, on a joint and several basis with all other Transferees, of the Purchaser's covenants, obligations, reservations and restrictions under this Agreement, including (without limitation) such accepting Transferee's agreement to be subject to Seller's remedies set forth in Sections 8(a), 8(b) and 8(c)below. Exhibit"A"—Page 2 of 10 Section 5. Burden and Benefit. The Purchaser and Seller hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the Land in that the Purchaser's legal interest in the Property is rendered less valuable thereby. The Purchaser and Seller hereby further declare their understanding and intent that the benefit of such covenants touch and concern the Land by enhancing and increasing the enjoyment and use of the Property by persons entitled to rent the apartments contained therein. Section 6. Uniformity: Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Property in order to establish and carry out a common plan for the use of the Property. Section 7. Consideration. In consideration of the Seller's acceptance of the purchase price for the Property from Purchaser, Purchaser has entered into this Agreement and has agreed to restrict the uses to which the Property can be put on the terms and conditions set forth herein. Section 8. Remedies; Enforcement. (a) If the Purchaser fails to fully perform or observe any covenant, agreement or obligation of the Purchaser and/or its successors or assigns set forth in this Agreement (such failure, an "Event of Default"), then Seller shall have all rights and remedies available under this Agreement, at law or in equity, including (without limitation) injunctive relief and specific performance. By its execution of this Agreement, Purchaser on behalf of itself and its successors and assigns waives any requirement for the securing or posting of any bond in connection with any such remedy. All rights and remedies as set forth herein shall be cumulative and non-exclusive to the extent permitted by law. (b) Upon the Seller learning of an Event of Default, without limiting the rights or remedies of the Seller under Section 8(a) above, the Seller (or any party acting by, through or on behalf of Seller) may provide Purchaser written notice and thirty (30) days opportunity to cure such Event of Default and, if Purchaser has not cured such Event of Default upon the expiration of such thirty (30) day period, Seller may, at Seller's option, take any one or more of the following steps: (i) by mandamus or other suit, action or proceeding at law or in equity, to require the Purchaser to perform the Purchaser's obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the Seller hereunder; or(ii)take such other action at law or in equity as may, in Seller's sole discretion, appear necessary or desirable to enforce the obligations, covenants and agreements of the Purchaser hereunder. (c) Without limiting the rights or remedies of the Seller under Section 8(a) above, Purchaser shall indemnify, defend and hold harmless the Seller, and each of its members,partners, officers, directors, trustees, affiliates, parents, subsidiaries, shareholders, managers, beneficiaries, employees and agents (collectively,the"Indemnified Parties")from any and all demands, claims, including claims for personal injury, property damage or death, legal or administrative proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever, whether in tort, contract or otherwise (including without limitation, court costs and reasonable attorneys' fees and disbursements) arising out of or incurred by any one or more Indemnified Parties due to such Event of Default. Exhibit"A"—Page 3 of 10 Section 9. Recording and Filing. This Agreement and all amendments and supplements hereto and thereto, will be recorded and filed in the real property records of the County. Seller shall pay the fees and costs of recording. Section 10. Attorneys' Fees. If a party to this Agreement brings an action against any other party to this Agreement by reason of the breach of any condition or covenant,representation or warranty in this Agreement,or otherwise arising out of this Agreement,then the prevailing party in such action shall be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which shall render a judgment, as well as the costs of suit. Section 11. Governing Law. This Agreement shall be governed by the laws of the State in which the Land is located. Section 12. Amendments. This Agreement shall be amended only with the express written consent of the Seller by a written instrument executed by Seller and Purchaser and duly recorded in the real property records of the County. Section 13. Notice. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail,postage prepaid,return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto: If to Seller: COSTA TARRAGONA I, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Zac Melter Email: zmelter@nrpgroup.com Copy to: COSTA TARRAGONA I, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Noam Magence, Esq., General Counsel Email: nmagence@nrpgroup.com And copy to: Benesch, Friedlander, Coplan& Aronoff LLP 127 Public Square, Suite 4900 Cleveland, Ohio 44114 Attn: Jeffrey J. Wild, Esq. and Barry J. Guttman, Esq. Email:jwild@beneschlaw.com; bguttman@beneschlaw.com Exhibit"A"—Page 4 of 10 And copy to: COSTA TARRAGONA I, LTD. c/o Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Jennifer Buxton Email:jenniferb6@cctexas.com And copy to: Wood, Boykin & Wolter 555 N. Carancahua St, Ste 1510 Corpus Christi, Texas 78401 Attn: John D. Bell Email:jdbell@wbwpc.com If to Buyer: HKSK CORP. 420 Central Avenue Cedarhurst,NY 11516 Attention: Raymond Katz, President Email: Copy to: Attention: Email: Notice shall be deemed given three business days after the date of mailing, by certified mail, postage prepaid, return receipt requested, or, if personally delivered, when received. Section 14. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, then the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Section 15. Multiple Counterparts. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. Copies of this Agreement bearing the signatures of Purchaser and Seller shall be as binding as originals. Section 16. Mortgagee Provisions. A "Foreclosure Purchaser" as used herein is collectively (i) a Mortgagee, (ii) an affiliate of a Mortgagee, (iii) a purchaser at a foreclosure sale, or(iv) any transferee of a Mortgagee or affiliate of a Mortgagee acquiring title to the Property via a sale, transfer or other disposition of the Property, including but not limited to a conveyance pursuant to a deed-in-lieu of foreclosure or the sale of the Property at a foreclosure. Nothing in this Agreement shall be deemed to negate or make unenforceable any other covenant of this Agreement against a Foreclosure Purchaser, including but not limited to the restrictions contained in Section 2, and said Foreclosure Purchaser by taking title to the Property agrees that it has assumed and shall be bound by said restrictions in Section 2,and the other applicable terms hereof, in connection with any subsequent sale or transfer of the Property. Exhibit"A"—Page 5 of 10 Section 17. Joint and Several Liability of Purchaser. If more than one person and/or entity executes this Agreement as Purchaser,then each such person and/or entity which comprises Purchaser under this Agreement shall be jointly and severally liable for all of the obligations, covenants,liabilities and indemnifications of the Purchaser under this Agreement. [remainder of this page intentionally left blank; signature pages follow] Exhibit"A"—Page 6 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. SELLER: COSTA TARRAGONA I,LTD. A Texas limited partnership By: CCHFC Costa Tarragona I, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 52025, by ,the of the Corpus Christi Housing Finance Corporation, acting as the sole member of CCHFC Costa Tarragona I, LLC, a Texas limited liability company, acting as the general partner of COSTA TARRAGONA I, LTD., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas Exhibit"A"—Page 7 of 10 (Seller's Signature Page to Agreement Prohibiting Condominium Conversion) Exhibit"A"—Page 8 of 10 PURCHASER: a/n By: Print: Title: Date: , 202 STATE OF § COUNTY OF § Before me, a Notary Public in and for said County and State, personally appeared [ ], the [ ] of [ ], a/n [ ], on behalf of such entity, and that the same is his/her free act and deed and the free act and deed of said entity. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this day of 202 Notary Public My commission expires: (Purchaser's Signature Page to Agreement Prohibiting Condominium Conversion) Exhibit"A"—Page 9 of 10 EXHIBIT A Legal Description of the Property All of Lot Two(2),Block One(1), WEST PARK ADDITION, a subdivision of the City of Corpus Christi,Nueces County, Texas, according to the map or plat thereof recorded in Volume 65,Pages I 1-12,Map Records of Nueces County, Texas. Exhibit"A"—Page 10 of 10 SCHEDULE "7(A)" EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES [To be inserted] Schedule"7(a)"—Page 1 of 1 SCHEDULE "17(B)" RELATED AGREEMENTS [to be inserted for Phase II and the unimproved land.] PURCHASE AND SALE AGREEMENT (Costa Tarragona Apartment Homes 11, Corpus Christi, Texas) THIS PURCHASE AND SALE AGREEMENT(this"Agreement")is dated and entered into as of , 2025 (the "Effective Date"), by and between COSTA TARRAGONA 11, LTD., a Texas limited partnership, as seller ("Seller"), and HKSK CORP., a New York corporation, or its assigns, as purchaser ("Buyer" and, together with Seller, the "Parties" and each a"Party"). RECITALS: WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, all of Seller's right, title and interest in and to the Project (as defined below), subject to and in accordance with the terms and provisions hereinafter set forth. NOW, THEREFORE, Seller and Buyer, in consideration of the foregoing Recitals (which are incorporated herein by this reference), and in consideration of the keeping and performing by the respective Parties of their respective obligations as hereinafter set forth, as well as for Ten and No/100 Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, hereby agree as follows: 1. THE TRANSACTION. (a) The Project. Upon the terms and provisions and subject to the conditions of this Agreement, Seller agrees to sell and convey to Buyer, on the Closing Date (hereinafter defined), and Buyer agrees to purchase from Seller, for the Purchase Price herein set forth, all of Seller's right, title and interest, if any, in and to the following (collectively, the "Project"): (i) All of Seller's right, title and interest in and to that certain Ground Lease between CORPUS CHRISTI HOUSING FINANCE CORPORATION, a Texas housing finance corporation ("CCHFC"), as landlord, and Seller, as tenant, dated as of May 18, 2011 (the"Ground Lease"), pursuant to which Ground Lease that certain real property located in the City of Corpus Christi, County of Nueces, State of Texas, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Land") and all of the buildings, structures, fixtures, parking areas, other building and site improvements on the Land and appurtenances and access thereto (the "Improvements" and, together with the Land, the "Property") are leased by CCHFC to Seller, and which Property is commonly known as Costa Tarragona Apartment Homes II located at a portion of 2240 N. Padre Island Dr. Corpus Christi, TX 78408; (ii) the Leases (as defined in Section 4(c) below), including all refundable security and other deposits and guaranties, as listed on the rent roll attached hereto as Exhibit "B" and made a part hereof("Rent Roll"); (iii) to the extent any such items exist and are assignable and transferable by Seller to Buyer at no cost to Seller: any fixtures, machinery, equipment, 15967192 v5 furnishings,tangible items of personal property and other tangible property, if any, located on or about the Property and used exclusively in connection with the Project and owned by Seller as of the Closing Date (the "Tangible Personal Property"), which Tangible Personal Property existing as of the Effective Date, if any, is listed on Exhibit "C" attached hereto and made a part hereof, and which Tangible Personal Property specifically excludes: (A) software; (B) cash, bank accounts, certificates of deposit, or other similar income other than refundable security and other deposits of tenants; and (C) any equipment, machinery, computers or other tangible items of personal property owned or leased by the Property's management company or any other third parties. Notwithstanding the foregoing or any contrary provision contained herein, due to the administrative difficulty of transferring equipment leases for printers and copiers, (1) Buyer shall not have the right or option to assume any contracts or equipment leases related to printers or copiers, including without limitation any contracts with Canon or Ricoh, (2) Seller shall have no obligation to terminate those contracts and/or to transfer or assign the same to Buyer, and (3) Seller shall have the right to remove such equipment from the Property; (iv) to the extent assignable and transferable by Seller to Buyer, and subject to Section 3(g) hereof, all contracts entered into by Seller which are applicable to the operation of the Project(the"Service Contracts"), which Service Contracts existing as of the Effective Date,if any,are listed on Exhibit"I"attached hereto and made a part hereof, and (v) to the extent assignable and transferable by Seller to Buyer at no cost to Seller: (A) any licenses, permits, consents, authorizations, approvals, registrations and certificates issued by any governmental authority which are currently held by Seller with respect to the Project, if any (the "Licenses and Permits"); and (B) intangible personal property owned by Seller with respect to the Project, if any, including the name "Costa Tarragona Apartment Homes P' and the name"Costa Tarragona Apartment Homes I&II" (collectively,the"Intangible Personal Property" and, together with the Licenses and Permits and Tangible Personal Property, the "Personal Property"), which Intangible Personal Property shall expressly exclude any name,license,permits,logo, sign,trademark,telephone listing or numbers of any member of Seller and of, or containing, the name"NRP" or any deviation or derivation thereof. (b) Intentionally Omitted. (c) Required Consents. (i) Buyer shall use commercially reasonable efforts to obtain all required consents of the Consent Parties (hereinafter defined) for the purchase and sale of the Project contemplated by this Agreement at or prior to Closing (collectively, the "Required Consents") and shall timely provide all required notices to such Consent Parties. Buyer will submit notice of the transaction contemplated by this Agreement and the initial application to the applicable Consent Parties for the Required Consents, with a copy to Seller, no later than ten 2 (10) days after the Effective Date (the "Application Submission Deadline"). Buyer shall have until the date that is first to occur of the date that is forty-five(45) days after the Application Submission Deadline or forty-five (45) days after Buyer's submission of the initial application to the Consent Parties (the "Contingency Consent Date") to receive the Required Consents. Buyer shall be solely responsible for all costs of the Required Consents, and Seller shall have no liability therefor. If the Required Consents have not been received on or prior to the Contingency Consent Date, then Buyer may terminate this Agreement upon written notice to the Seller delivered by no later than the Contingency Consent Date, whereupon the Deposit shall be returned to Buyer (less any costs related to the Title Commitment and any escrow fees), this Agreement shall be terminated and the Parties shall have no further obligations to or recourse against each other except as to matters which, by the terms of this Agreement, expressly survive the termination hereof. Except as expressly provided by the preceding sentence, in no event shall Buyer have any right to terminate this Agreement due to any failure to obtain one or more of the Required Consents. As used in this Agreement, the "Consent Parties" shall mean: (A) Texas Department of Housing and Community Affairs ("TDHCA") under that certain Declaration of Land Use Restrictive Covenants/Land Use Restriction Agreement for Low-Income Housing Credits dated August 6, 2012, between Seller and TDHCA (the "LURA"); (B) CCHFC under the Ground Lease, and (C) Corpus Christi Community Improvement Corporation ("CCCIC") under that certain Declaration of Restrictive Covenant of Affordability dated August 6, 2012 (the "DRCA"). (ii) Buyer and Seller shall deliver to any Consent Party any required notices prior to, upon and after Closing and, if required by the Regulatory Agreements (hereinafter defined), Buyer shall submit a copy of all closing documents for the transaction contemplated by this Agreement not later than the thirtieth(30th)day following the Closing or such shorter period as may be required by the applicable Regulatory Agreement. As used in this Agreement, the "Regulatory Agreements" shall mean LURA and the DRCA. (iii) As a condition precedent to Seller being obligated to proceed to Closing, (I) Buyer shall procure the Required Consents and deliver such Required Consents to Seller by not later than five (5) business days before the Closing Date (the "Consent Deadline"), and (11) Seller shall receive approval from Seller's investors, to the extent necessary, for the transaction contemplated by this Agreement (the "Investor Consent") by the Consent Deadline. If, despite using commercially reasonable efforts,Buyer cannot obtain the Required Consents by the Consent Deadline or Seller cannot obtain Investor Consent by the Consent Deadline, then Seller may elect in its sole and absolute discretion to either (A) terminate this Agreement, in which event Buyer shall be entitled to the return of the Deposit and neither party shall have any further rights or obligations under this Agreement, other than those that expressly survive a termination hereof, or (B) extend the Closing Date in accordance with Section 3(a) of this Agreement. 3 2. PURCHASE PRICE; DEPOSIT. (a) The purchase price for the Project shall be Three Million Eight Hundred Thousand and 00/100 Dollars ($3,800,000.00) (the "Purchase Price"), payable by Buyer to Seller as hereinafter provided. (b) Within two (2) business days after the Effective Date, Buyer shall deposit with Stewart Title Guaranty Company ("Escrow Agent"), whose address is listed in Section 11 below, a good faith earnest money deposit in immediately available funds in the amount of Thirty-Seven Thousand Five Hundred and 00/100 Dollars ($37,500.00) ("Initial Deposit"). As used herein, the term "Deposit" means, collectively, the Initial Deposit,the Extension Deposit(as defined below), and any interest accruing thereon. The Deposit shall be held by Escrow Agent pursuant to Section 13 below. At Closing, the Deposit shall be paid to Seller and applied to the Purchase Price. After the end of the Inspection Period, the Deposit will be non-refundable to Buyer except as may otherwise be expressly provided in this Agreement. (c) Upon the Closing,the Purchase Price shall be paid to, or for the account of, Seller in immediately available funds by wire transfer in an amount equal to the Purchase Price less the amount of the Deposit,plus or minus any closing adjustments to which either Buyer or Seller are entitled pursuant to this Agreement. (d) Intentionally Omitted. (e) Notwithstanding anything to the contrary herein, a portion of the Deposit equal to One Hundred and No/100 Dollars ($100.00) (the"Independent Consideration") shall be paid to Seller, which Independent Consideration Seller and Buyer have bargained for and agreed to as independent and sufficient consideration for Seller's execution and delivery of this Agreement and the grant of the Inspection Period. 3. CLOSING AND RELATED MATTERS. (a) The delivery of the Ground Lease Assignment (hereinafter defined) and other documents provided in this Section 3, and other acts necessary to complete the transactions provided for in this Agreement, all as subject to the terms and conditions of this Agreement, shall be referred to herein as the "Closing." Subject to the provisions of this Section 3(a) and the provisions of Section 17(a)below,the Closing shall take place by no later than 3:00 PM (Eastern Time) on the date that is ten (10) days following the later of: (i) thirty (30) days after the expiration of the Inspection Period, and (ii) receipt of the Required Consents or upon such other date as Buyer and Seller may agree in writing (the "Closing Date"), but in no event later than ninety (90) days after the Effective Date (the "Outside Closing Date"). (i) Buyer acknowledges and agrees that Seller may need to undertake a defeasance or swap termination (or similar transaction) with respect to the transaction contemplated by this Agreement or by one or more of the Related Agreements (hereinafter defined) in order to effectuate the Closing. Buyer agrees to cooperate with Seller in effectuating such defeasance or swap termination and to 4 promptly provide Seller with such documentation or information as Seller may request in connection therewith. (ii) Notwithstanding anything in this Agreement to the contrary, if Buyer has not obtained the Required Consents prior to the then-scheduled Closing Date, then Buyer shall have the one-time right, by written notice to Seller and Escrow Agent delivered not less than two (2) business days prior to the then- scheduled Closing Date (the "Extension Notice"), to extend the Closing Date for up to, but not more than, thirty (30) additional days, but in no event later than the Outside Closing Date. The Extension Notice shall specify the date to which the Closing Date shall be extended, and if no such date is specified in the Extension Notice, then the Closing Date shall be the date that is the earlier of. (i) thirty (30) days after the originally scheduled Closing Date, and(ii)the Outside Closing Date. The Extension Notice shall not be effective unless, concurrent with the delivery of the Extension Notice, Buyer wire transfers to Escrow Agent an additional deposit (the "Extension Deposit") in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00), which Extension Deposit shall be non-refundable to Buyer but shall be applicable to the Purchase Price at Closing if Closing occurs. Notwithstanding the foregoing or anything to the contrary in this Agreement, Seller shall have the right to extend the Closing Date for up to three (3)additional periods of up to thirty (30) days each by providing Buyer as to each such extension at least two (2) days before the then-scheduled Closing Date, if Seller reasonably determines that additional time is required to secure the Required Consents. (iii) The Closing shall be held through an escrow closing arrangement effected via a "mail away" closing (i.e., in which funds are sent via wire transfer and closing documents are delivered via overnight delivery or courier delivery service to the Escrow Agent). (b) At Closing, Seller shall execute and deliver to the Escrow Agent the following (collectively, "Seller's Closing Deliveries"): (i) executed counterpart of an assignment of the Ground Lease substantially in the form of Exhibit "D" attached hereto (the "Ground Lease Assignment"); (ii) a title affidavit substantially in the form of Exhibit "E" attached hereto; (iii) a certification from Seller as required by the Foreign Investment in Real Property Tax Act (Section 1445 of the Internal Revenue Code of 1986, as amended); (iv) executed counterpart of a Bill of Sale, Assignment and Assumption substantially in the form of Exhibit "F" attached hereto covering the Personal Property ("Bill of Sale and Assignment"); 5 (v) to the extent in Seller's possession or control, originals or copies of Leases maintained in the Property's management office, which shall be deemed delivered in accordance with this Agreement if left in the Property's management office at Closing; (vi) one (1) executed counterpart to the tenant notice letter to Tenants notifying them of the change in ownership of the Project, substantially in the form of Exhibit"G" attached hereto and made a part hereof("Tenant Notice Letters"); (vii) certificates or resolutions of Seller authorizing the sale of the Ground Lease and Project pursuant to this Agreement and the authority of the officer executing the closing documents on behalf of Seller; (viii) a settlement statement with respect to the Closing; (ix) an Agreement Prohibiting Condominium Conversion substantially in the form of Exhibit "J" attached hereto ("Condo Prohibition Agreement"), executed in counterpart by Seller; and (x) if required by any Consent Party, counterparts of an assignment and assumption of the applicable Regulatory Agreement (an "Assignment of Regulatory Agreement"). To the extent not attached as an exhibit to this Agreement, all of the foregoing conveyance documents shall be on Seller's form documents for similar transactions. (c) Seller shall have access to the Property for a period of three (3) business days following the Closing Date for the purpose of removing Seller's proprietary property (e.g., marketing and other signage of Seller or any affiliate of Seller) and otherwise removing items at the Property identifying Seller or any affiliate of Seller. The provisions of this Section 3(c) shall survive the Closing. (d) At Closing, Buyer shall execute and deliver to the Escrow Agent the following (collectively, "Buyer's Closing Deliveries"): (i) the Purchase Price as specified in Section 2 hereof, (ii) signed counterparts of the Ground Lease Assignment, the Bill of Sale and Assignment, the Tenant Notice Letters and the Condo Prohibition Agreement; (iii) a settlement statement with respect to the Closing; (iv) if required by any Consent Parry, counterparts of an Assignment of Regulatory Agreement; (v) any documents that Buyer is required to execute as a condition to the effectiveness of the Required Consents; and 6 (vi) such other closing documents as may be reasonably necessary to consummate the transactions contemplated herein, including, but not limited to appropriate entity resolutions and approvals. (e) At Closing, the Escrow Agent shall: (i) deliver the Ground Lease Assignment to Buyer by filing the Ground Lease Assignment for record in the public records for the jurisdiction in which the Property is located; (ii) immediately following the recordation of the Ground Lease Assignment, prior to causing the recordation of any other documents or instruments, cause the Condo Prohibition Agreement to be filed for record in the public records for the jurisdiction in which the Property is located; (iii) pay to Seller the Purchase Price less any credits to which Buyer is entitled,plus any credits to which Seller is entitled and charge Seller and Buyer for the closing costs as set forth in Section 4 below, and disburse the Deposit to Seller, all in accordance with the agreed upon settlement statement; and (iv) cause the Title Company to issue the Title Policy. (f) Within three (3) days following the Closing Date, Buyer or Escrow Agent, at Buyer's option, cost and expense, shall assemble fully executed versions of the Tenant Notice Letters and deliver them to the tenants pursuant to the Leases. Copies of the fully executed Tenant Notice Letters,together with evidence of their delivery, shall be provided to each of Buyer and Seller promptly following delivery to the tenants. The provisions of this Section 3(f) shall survive Closing. (g) Prior to the expiration of the Inspection Period, Buyer shall review the Service Contracts to determine whether Buyer desires to assume any of such Service Contracts. Not later than the expiration of the Inspection Period, Buyer shall deliver a notice to Seller setting forth which of such Service Contracts, if any, that Buyer elects to assume (the "Service Contract Notice"). If Buyer fails to deliver timely the Service Contract Notice, then Buyer shall be deemed to have elected not to assume any such Service Contracts. Notwithstanding the foregoing or anything to the contrary in this Agreement, Buyer shall be obligated to assume the following Service Contracts as of the Closing Date (the"Required Service Contracts"): (i)that certain Lease Agreement dated as of November 8, 2006 between Costa Tarragona LLP and Web Intelligent Laundry Systems, and (ii) that certain Service and Marketing Agreement TWC System Install (Existing Property) dated as of March 6, 2015 between Seller and Time Warner Cable Enterprises LLC. For the Required Service Contracts and any other Service Contracts that Buyer has properly elected to assume pursuant to this Section 3(g)(such Service Contracts, together with the Required Service Contracts, being the "Assumed Service Contracts"), pursuant to the Bill of Sale and Assignment to be executed as of the Closing Date, Seller shall assign to Buyer and Buyer shall assume, at Buyer's sole cost and expense, such Assumed Service Contracts; provided, however, that if and to the extent any Assumed Service Contract requires a different form of assignment instrument, any modifications to 7 the Bill of Sale and Assignment with respect to such Assumed Service Contract or grants any third party approval rights over the provisions of such assignment instrument,then and to such extent, as applicable, Buyer and Seller shall use such different form, make such modifications or make such revisions to the Bill of Sale and Assignment as may be reasonably requested by such third party. Except for the Assumed Service Contracts, Seller shall, at or prior to Closing, terminate all Service Contracts with respect to the Property at Seller's sole cost and expense. Notwithstanding the foregoing provisions of this Section 3(g) or anything to the contrary in this Agreement, in no event shall Buyer be permitted to assume any Service Contracts that affect both the Property and any other properties owned by any affiliates of Seller. (h) Covenants of Seller Pending Closing. Between the Effective Date and the Closing Date, Seller covenants and agrees that: (i) Seller will continue to operate, maintain and insure the Project in substantially the same manner as Seller has operated, maintained and insured the Project prior to the Effective Date; (ii) Seller will not sell, transfer or convey Seller's interest in or title to the Project, other than entering into Leases in the ordinary course of business; (iii) Seller shall not initiate, grant or consent to any zoning changes on or about the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed; (iv) following the expiration of the Inspection Period, Seller will not enter into any new material contracts applicable to the operation of the Project after Closing without Buyer's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Seller may enter into, modify and/or terminate Leases and Service Contracts in the ordinary course of business; (v) Seller shall have the exclusive right, in Seller's ordinary course of business,to enter into Leases, evict any Tenants for non-payment of rent, enter into new Leases and/or modify any existing Leases, with all new Leases to be on the form of Lease then being used by Seller or Seller's property manager and to have a term of no longer than one (1)year; (vi) Seller shall perform its material obligations under the Leases, including,but not limited to, delivering all lease renewal notices in a timely manner and shall use commercially reasonable efforts to effectuate renewals in Seller's ordinary course of business; (vii) Seller shall not permit any material alteration, structural modification or additions to the Property, except in the nature of ordinary maintenance, repair and replacement; (viii) no portion of any Tenant's security deposit shall be applied against the Rents except in Seller's ordinary course of business; and 8 (ix) Seller shall perform its material obligations under the Regulatory Agreements. 4. CLOSING COSTS AND PRORATIONS. (a) Properly Taxes. (i) Seller shall pay real estate taxes and assessments, both general and special (collectively, "Taxes") for the Property due and owing for calendar years prior to the calendar year in which the Closing takes place. Taxes for the calendar year in which the Closing takes place ("Closing Year Taxes") will be prorated at Closing based on the most recent available tax duplicate for the Property. Seller shall be responsible for Closing Year Taxes attributable to the period until (but not including)the Closing Date,and Buyer shall be responsible for Closing Year Taxes attributable to the period from and including the Closing Date. (ii) Notwithstanding the foregoing, any real estate tax refunds or rebates that apply to periods before the Closing Date shall remain the property of Seller, and Seller shall have the right to file and pursue any appeals with respect to tax assessments for the Property attributable to Seller's period of ownership of its interest in the Ground Lease. If Seller is successful in any such tax appeal related to Closing Year Taxes, or if Buyer is successful in any tax appeal related to Closing Year Taxes, then: (A) Buyer and Seller shall share in the cost of any such appeal and rebates or refunds in the same proportion as the proration of Closing Year Taxes set forth on the settlement statement executed by the parties at Closing; and (B)Buyer or Seller, as applicable, shall promptly remit any balance due to the other Party. (b) Operating Expenses. Except as provided in this Section 4(b), all utility charges and other operating expenses attributable to the Property, if any (collectively, the "Operating Expenses"), shall be prorated as of the Closing Date. Seller shall be responsible for all Operating Expenses attributable to the period prior to(but not including) the Closing Date, and Buyer shall be responsible for all Operating Expenses attributable to the Property from and after the Closing Date. Seller agrees to use commercially reasonable efforts to cause all meters for all public utilities being used on the Property to be read on the Closing Date or as close thereto as reasonably practicable. Buyer shall arrange with the applicable utility providers to have accounts opened in Buyer's name beginning at 12:01 AM on the Closing Date. To the extent that the amount of actual consumption of any utility service is not determined prior to the Closing Date, a proration shall be made at Closing based on the last available reading for such utility service. Notwithstanding anything to the contrary in this Section 4(b), in no event shall the proration of Operating Expenses hereunder include any deposits that Seller has with any of the utility services or companies servicing the Property (collectively, the "Retained Deposits"), it being understood and agreed that Seller shall be entitled to retain all such Retained Deposits. (c) Tenant Provisions. The Property is occupied by tenants (collectively, the "Tenants") pursuant to leases to which Seller's ground leasehold interest in the Property is subject(collectively, the"Leases") 9 (i) Rents. Fixed rents and all other charges identified on an updated Rent Roll assessed against and collected from the Tenants under the Leases (collectively, "Rents") for the month of Closing shall be prorated between Seller and Buyer as of the Closing Date such that Seller shall be deemed the tenant under the Ground Lease for the day prior to the Closing Date and Buyer shall be deemed the tenant under the Ground Lease commencing as of the Closing Date. All uncollected Rents attributable to the period of time prior to Closing (the "Delinquent Rents") shall not be prorated as of Closing. All Rent collected by Buyer or Seller from each Tenant from and after Closing will be applied as follows: (a)first,to payment of the current Rent then due for the month in which the Closing Date occurs,which amount shall be apportioned between Buyer and Seller as of the Closing Date as set forth in Section 4(c) hereof(with Seller's portion thereof to be delivered to Seller); (b) second, to Delinquent Rents which were due and payable as of Closing but not collected by Seller as of Closing, which amount shall be delivered to Seller; and (c) third, to Rent first coming due after Closing and applicable to the period of time after Closing, which amount shall be retained by Buyer. Prepaid Rents attributable to any period after the month in which Closing occurs, if any, shall be credited to Buyer at Closing. (ii) Security Deposits and Tenant Fees. Seller shall retain the refundable security and pet deposits received from Tenants under the Leases, and shall credit to Buyer, at Closing, an amount equal to the refundable security and pet deposits held by Seller under the Leases as of the Closing Date, if any (to the extent such security and pet deposits have not been applied against delinquent rents or otherwise as provided in the Leases). Seller shall retain all nonrefundable tenant fees under the Leases, and Buyer shall not be entitled to any credit therefor. Buyer is accepting the Property at Closing subject to the Leases and without any credit at Closing for the security deposits other than as expressly set forth herein. (iii) Utility Pam. Seller shall be entitled to the amount of all Utility Payments (hereinafter defined) collected by Buyer after Closing. Within five (5) business days after Seller's written notice to Buyer delivered to Buyer not more than one hundred twenty (120) days after the Closing Date, Buyer shall deliver to Seller a statement(the"Utility Statement") of the amounts that Tenants have paid to Buyer in connection with the Property's utility expenses that are attributable to the period prior to Closing ("Utility Payments"), whether such Utility Payments were made as part of Rents or otherwise. The Utility Statement shall include calculations for each Tenant and such invoice back-up documentation as Seller may request. Within the five (5)business day period following Buyer's delivery of the Utility Statement to Seller, Seller and Buyer shall work in good faith to resolve any issues with respect to the Utility Statement. Within the five(5)business day period following approval of the Utility Statement by Buyer and Seller, Buyer shall remit the amount of the agreed-upon Utility Payments to Seller. (iv) Final Prorations. Other than the Utility Payments described above, all of the prorations under this Agreement shall be calculated as of the Closing Date and shall be final as of Closing. 10 (d) Buyer's Closing Costs. At Closing, Buyer shall pay or be charged with the following costs in connection with the Closing: (i) any financing costs, including any mortgage recording fees or taxes and any costs associated with Buyer's loan policy of title insurance; (ii) all costs associated with the Title Policy (hereinafter defined) in excess of the standard base premium, including all endorsements thereto; (iii) the cost of any tax and/or lien searches; (iv) the cost of the Survey; (v) all costs, expenses and charges in connection with Buyer's due diligence and Inspections (hereinafter defined); (vi) one-half(1/2) of the escrow fees and charges; (vii) all costs of the Required Consents; and (viii) the cost of Buyer's counsel. (e) Seller's Closing Costs. At Closing, Seller shall pay the following costs in connection with the Closing: (i) the cost of recording the Ground Lease Assignment; (ii) the standard premium for the Title Policy (hereinafter defined); (iii) the cost of any documentary stamps and transfer taxes which are required to be affixed to or paid in connection with the Ground Lease Assignment, if any; (iv) the commission owed to the Broker (hereinafter defined) pursuant to the Brokerage Agreement(hereinafter defined); (v) leasing commissions owed pursuant to Section 12 of this Agreement, if any; (vi) one-half(1/2) of the escrow fees and charges; and (vii) the cost of Seller's counsel. (f) Survival. This Section 4 shall survive the Closing. 5. INSPECTION PERIOD. (a) Within five (5) business days after the Effective Date, to the extent not previously delivered by or on behalf of Seller prior to the Effective Date,Seller shall deliver or make available to Buyer the due diligence materials listed on Exhibit "H" attached 11 hereto("Deliveries"),to the extent such Deliveries are in the possession or control of Seller as of the Effective Date and can be delivered or made available within such five (5) business day period. Seller shall have no obligation or liability with respect to any of the Deliveries and Seller shall not be required to update the Deliveries. (b) Commencing upon the Effective Date and ending at 5:00 p.m. (Eastern Time) on the date which is thirty (30) days after the Effective Date (the "Inspection Period"), Buyer shall have the right, at Buyer's sole expense, to make or cause to be made by any agent, contractor, engineer, consultant, representative, independent contractor or other third party hired by Buyer (collectively, the "Buyer Parties") any non-invasive investigations and inspections regarding the Property which Buyer deems necessary or desirable in its sole and absolute discretion (collectively, "Inspections"); provided, however,that Buyer: (i) agrees to immediately repair any damage to the Property resulting from any Inspections and to restore the Property to the same or better condition as that which existed prior to such damage; and (ii) shall not cause or permit to be caused any unreasonable interference with any Tenant's occupancy and/or Seller's operations at the Property. Buyer acknowledges and agrees that Buyer will inspect and investigate the Project and engage such qualified Buyer Parties as Buyer deems necessary to make all appropriate inquiry regarding the condition of the Project that Buyer desires to make during the Inspection Period. Seller hereby reserves the right to have a representative present at the time of making any such Inspections on the Property and Buyer shall notify Seller not less than two (2) business days in advance of making any such Inspections. Such notification may be by electronic mail to Zac Metter at zmelter@nrpgroup.com, copy to Noam Magence at nmagence@nrpgroup.com. Buyer agrees that Buyer shall not contact or interview any Tenant of the Property. If Buyer intends to carry out any invasive Inspection (e.g., involving the physical disturbance of any portion of the Property), Buyer shall give Seller at least five (5) business days' prior written notice of such intention; provided, however, that in no event shall Buyer be permitted to perform soil borings, wall or roof penetration or other invasive or intrusive tests on the Property, including (without limitation) any Phase 11 environmental investigations, without Seller's prior written consent, which consent may be withheld by Seller in Seller's sole and absolute discretion. All Inspections shall be conducted on business days, between 10:00 a.m. and 5:00 p.m. (local time). Buyer's right to perform the Inspections shall be subject to the rights of Tenants, guests and customers at the Project. (c) Each of the Buyer Parties performing Inspections at the Property shall be properly licensed and maintain liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence, workers compensation insurance in statutory limits and employers liability insurance with limits not less than One Million Dollars ($1,000,000). Such insurance policies shall: (i) be primary and non-contributory to any insurance maintained by Seller; (ii) be issued by an insurer with a Best's rating of no less than A-NIII and licensed to write insurance and do business in the state where the Property is located; and(iii)include Seller as an additional insured thereunder. Buyer shall provide Seller with a certificate of insurance from Buyer and the applicable Buyer Parties satisfying the above-listed requirements prior to any entry onto the Property by Buyer or any Buyer Party. 12 (d) If Buyer, in its sole and absolute discretion, desires not to proceed with the transaction contemplated by this Agreement, then Buyer shall so notify Seller in writing (such notification, a "Termination Notice") prior to the expiration of the Inspection Period, in which event the Deposit shall be returned to Buyer (less any costs related to the Title Commitment and any escrow fees),this Agreement shall be terminated and the Parties shall have no further obligations to or recourse against each other except as to matters which,by the terms of this Agreement, expressly survive the termination hereof. If Buyer fails to timely deliver the Termination Notice in accordance with the preceding sentence, then Buyer shall be deemed to have waived its right to terminate this Agreement, this Agreement shall continue in effect, the Deposit shall be non-refundable to Buyer (except as expressly set forth in this Agreement) and Buyer shall be obligated to purchase the Project in accordance with and subject to the provisions of this Agreement. (e) Buyer will not permit any mechanics' lien or liens to be placed upon the Property (including, without limitation, Seller's leasehold interest in the Property pursuant to the Ground Lease) relating to or arising out of the Inspections or Buyer's or a Buyer Party's activities. Buyer hereby agrees to indemnify, defend and hold Seller and Seller's agents, employees, contractors, shareholders, officers, directors, managers, members, partners, consultants, representatives, and attorneys (collectively herein referred to as the "Seller Parties") harmless from and against any and all liens for any materials or services furnished to the Property (including with respect to Seller's leasehold interest in the Property pursuant to the Ground Lease) by, or on behalf of, Buyer. If any lien is claimed against the Property (including, without limitation, Seller's leasehold interest in the Property pursuant to the Ground Lease)for services or materials provided at the request of, or for the benefit of, Buyer, then Buyer shall, at its sole cost and expense, promptly take whatever action is necessary to release and remove such lien as soon as possible, but not later than ten (10) days after the date the lien was filed. If such lien has not been removed within such ten (10) day period, Seller may take whatever actions that Seller, in its sole discretion and at Buyer's sole cost and expense, deems reasonably necessary or appropriate to release and remove the lien. (f) Notwithstanding anything contained herein to the contrary, Buyer covenants and agrees to indemnify, defend and hold Seller harmless from and against any and all losses, liabilities, damages, costs and expenses (collectively, "Costs") incurred by Seller as a result of Inspections; provided, however, the foregoing indemnity shall not be applicable to any claims, damages or losses arising out of the gross negligence or willful misconduct of Seller or Seller Parties. In conducting any Inspections,Buyer and the Buyer Parties shall: (i) not damage any part of the Property nor conduct any activities precluded by this Agreement; (ii) not injure or otherwise cause bodily harm to any one or more individuals; and(iii)promptly pay when due the costs of all Inspections. (g) Buyer acknowledges that the Deliveries are being delivered to Buyer as an accommodation only and Seller does not represent or warrant the truth, accuracy, completeness or correctness of any such Deliveries or any other information delivered to Buyer from any broker on Seller's behalf, except as otherwise expressly provided in this Agreement. Buyer acknowledges and agrees that, except as otherwise expressly provided in this Agreement, any reliance on or use of such Deliveries by Buyer shall be at the sole risk of Buyer. Further,if Buyer terminates this Agreement or the transactions contemplated 13 by this Agreement do not close for any reason whatsoever, Buyer shall deliver to Seller, promptly upon Seller's request, a copy of all third party reports obtained by or prepared by or on behalf of Buyer, or delivered to Buyer or Buyer's Agents (hereinafter defined) (but expressly excluding any such reports or other materials which Buyer is lawfully obligated to keep confidential from Seller and/or which are protected by the attorney-client privilege or other similar relationship), provided such materials shall be delivered without representation or warranty as to accuracy or completeness thereof. If this Agreement is terminated for any reason, then Buyer shall promptly return to Seller the Deliveries via overnight mail to Seller or,to the extent any Deliveries were provided electronically,Buyer shall permanently delete such Deliveries within two (2)business days after the termination of this Agreement. (h) Subject to the terms and conditions of this Section 5(h), Buyer acknowledges and agrees to keep confidential (A) all of the Deliveries other than information that(i)is or becomes generally available to the public other than as a result of a disclosure by Buyer,Buyer's Parties or Buyer's Agents; (ii)was or becomes available on a non-confidential basis from a source other than Buyer,Buyer's Parties or Buyer's Agents; or (iii) is independently developed from a non-confidential source by Buyer, Buyer's Parties or Buyer's Agents, and (B) any other information in any form whatsoever (including, but not limited to, any verbal information) received or obtained by Buyer, Buyer's Parties or Buyer's Agents regarding the Property or the Ground Lease as a result of Inspections (collectively, "Confidential Information"). Buyer further agrees and acknowledges that, except as expressly permitted by this Section 5(h), if any such Confidential Information is disclosed to any third parties, to Seller's employees or Seller's Tenants, Seller will suffer damages and irreparable harm. Buyer expressly acknowledges, covenants and agrees that (a) Buyer shall not make any press release or other public disclosure concerning this Agreement or the transaction contemplated by this Agreement and Buyer shall not disclose any Confidential Information to any parry, other than the Buyer Parties and Buyer's attorneys, accountants, employees, professional firms performing Inspections, investors and prospective lenders (collectively, "Buyer's Agents") to the extent reasonably necessary in connection with performing Inspections; and(b)prior to making any disclosure of Confidential Information as permitted hereunder, Buyer shall contractually obligate Buyer's Agents and Buyer's Parties to keep the confidentiality of such Confidential Information and shall advise Buyer's Agents and Buyer's Parties of the potential of damage to Seller and the liability of Buyer, Buyer's Parties and Buyer's Agents as a result of any disclosure of such Confidential Information not permitted hereunder. Buyer expressly acknowledges and agrees that Buyer shall be responsible for the compliance of Buyer's Agents and Buyer's Parties with the terms and conditions of this Section 5(h) and shall be liable to Seller for any and all Costs and/or damages incurred by Seller arising out of any violation of this Section 5(h) by Buyer, Buyer's Parties or Buyer's Agents. (i) Buyer,on behalf of itself and its affiliates,hereby waives and releases Seller from any claims arising out of the environmental condition of the Property and all claims under any Environmental Laws (hereinafter defined). 0) The terms of this Section 5 shall survive any termination of this Agreement or the Closing. 14 6. TITLE TO PROPERTY. (a) Status of Title. At Closing, Seller shall convey Seller's interest in the Ground Lease to Buyer by means of the Ground Lease Assignment, free and clear of all claims, liens, and encumbrances except for the following items (collectively, the "Permitted Exceptions"): (i) real estate taxes and assessments, both general and special, for the calendar year in which the Closing occurs and subsequent years which are not yet due and payable; (ii) assessments and special district levies, if any, which are not yet due and payable; (iii) zoning, building and other laws and ordinances affecting the Property; (iv) easements, declarations, conditions, reservations, charges, covenants, restrictions, rights of way and other matters of record;(v)matters that would be disclosed by an accurate survey of the Property; (vi) rights of Tenants in possession as tenants only; (vii) the Regulatory Agreements; and (viii)the Condo Prohibition Agreement. (b) Title Evidence. Within one (1) business day following the Effective Date, Buyer shall order at its cost: (i) a title insurance commitment (the "Title Commitment") for an ALTA Leasehold Policy of title insurance (or for a Texas standard form Commitment for Title Insurance for a Leasehold policy of title insurance)issued by Stewart Title Guaranty Company ("Title Company") in the amount of the Purchase Price for purposes of insuring Buyer's leasehold interest in the Property pursuant to the Ground Lease (the "Title Policy"), and (ii) a survey of the Property to be made by a registered professional surveyor licensed to practice in the state where the Property is located and to be certified to Seller, Buyer, any lender of Buyer and the Title Company (such updated or new survey, the "Survey"). The Survey shall be in the form and substance sufficient to delete the standard survey exception from the Title Policy. The Survey shall be delivered to Seller promptly but not later than five (5)business days after Buyer's receipt thereof. (c) Defects and Cure. Buyer shall, no later than five (5)business days prior to the expiration of the Inspection Period, notify Seller in writing(the"Title Defect Notice") of any objections pertaining, respectively, to the Title Commitment and Survey (collectively "Title Defects") other than the Permitted Exceptions. If Buyer fails to provide a Title Defect Notice within such time period,then Buyer shall be deemed to have accepted all matters shown on the Title Commitment and Survey, and such matters shall be deemed Permitted Exceptions hereunder. If Buyer timely delivers the Title Defect Notice, then Seller shall within three (3) business days after Seller's receipt of the Title Defect Notice provide Buyer with written notice("Seller's Response")indicating whether Seller elects,in its sole discretion with respect to each of the Title Defects,to: (i)cure such Title Defects on or prior to the Closing Date; or (ii) not cure such Title Defects. If Seller fails to provide Seller's Response, then Seller shall be deemed to have elected not to cure such Title Defects. If Seller elects or is deemed to have elected not to attempt to cure any of Title Defects,then Buyer shall,by not later than the expiration of the Inspection Period, deliver written notice to Seller ("Buyer's Election") indicating Buyer's election to (A) terminate this Agreement and receive a refund of the Deposit, or (B) proceed to close without any reduction in the Purchase Price,in which event any such Title Defects shall be deemed Permitted Exceptions. If Buyer fails to timely provide Buyer's Election, then Buyer shall be deemed to have elected to proceed under subsection (B) above. 15 (d) Mandatory Cure Items. Notwithstanding anything contained herein to the contrary, Seller shall be affirmatively obligated to pay and remove prior to Closing, at Seller's sole cost and expense,the following(collectively,the"Mandatory Cure Items"): (i) all ad valorem taxes for years prior to the year of Closing; (ii) liens securing repayment of any loans or financings incurred by Seller, except for any Regulatory Agreements and (iii) any mechanics' liens, judgment liens or similar liens incurred by Seller that can be removed or discharged through the payment of a sum certain. For the avoidance of doubt, in no event shall the Mandatory Cure Items include the Regulatory Agreements, or any matters or liens arising by, through or under Buyer or Buyer's agents and contractors. (e) Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Property or the Ground Lease, and any liens or encumbrances affecting the Property or the Ground Lease, Buyer acknowledges and agrees that it is relying upon the Title Policy. If Buyer has a claim under the Title Policy and the subject matter of that claim also constitutes the breach of any representation,warranty or covenant made by Seller in this Agreement or the Ground Lease Assignment, Buyer agrees that it will look first to the Title Policy for recovery of such claim, and Buyer shall only assert any claim against Seller for recovery of such claim after all remedies available to Buyer under the Title Policy are exhausted and any recovery from Seller hereunder shall be in excess of remedies received by Buyer under the Title Policy. This Subsection shall survive Closing and delivery of the Ground Lease Assignment. 7. REPRESENTATIONS AND WARRANTIES. (a) Except as set forth on Schedule "7(a)" attached hereto and made a part hereof, Seller hereby represents and warrants to Buyer that the following are true and correct in all material respects as of the Effective Date: (i) Subject to receipt of the Required Consents and the receipt of permission to prepay or defease Seller's existing financing and final approval from Seller's limited partner investors (collectively, the "Investors"), Seller has the full right, power and authority to enter into this Agreement and to sell and convey Seller's interest in the Ground Lease and the Project to Buyer as provided herein and to carry out Seller's obligations hereunder. This Agreement constitutes and, when so executed and delivered,the other agreements and instruments delivered by Seller under or in connection with this Agreement will constitute, the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms. (ii) Subject to receipt of the Required Consents and the receipt of permission to prepay or defease Seller's existing financing and final approval from the Investors,none of the execution, delivery or performance of this Agreement by Seller does or will, with or without the giving of notice, lapse of time or both, violate, conflict with or constitute a default under(A)the organizational documents of Seller or, to Seller's knowledge, any material agreement, instrument or other document to which Seller is a party directly or by assumption, or (B) to Seller's 16 knowledge, any judgment, decree, order or injunction of a governmental unit against Seller or the Property. (iii) Within the twelve (12) month period preceding the Effective Date, Seller has not received written notice of any eminent domain or private purchase in lieu of such proceeding that would affect the Property in any material adverse manner. (iv) Within the twelve (12) month period preceding the Effective Date, Seller has not received written notice of any action, suit or proceeding (including but not limited to bankruptcy proceedings)pending or threatened in writing against Seller or the Property that would affect Seller's ability to perform its obligations under this Agreement in any material adverse manner. (v) To Seller's knowledge, the Rent Roll attached hereto as Exhibit "B"accurately reflects the Rent Roll as maintained in Seller's files, and is the same rent roll used by Seller in the operation of the Property. To Seller's knowledge, there are no Leases,tenants or lessees of the Property, except for the Ground Lease, as set forth on the Rent Roll or as may be indicated by the Title Commitment or Deliveries. (vi) Seller has not made a general assignment for the benefit of creditors, filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors, suffered the appointment of a receiver to take possession of substantially all of Seller's assets, suffered the attachment or other judicial seizure of substantially all of Seller's assets, admitted in a legal proceeding Seller's inability to pay Seller's debts as they come due, or made an offer of settlement, extension or composition to Seller's creditors generally. (vii) Seller has not entered into any agreements currently in effect pursuant to which Seller has granted any rights of first refusal to purchase all or any part of Seller's interest in the Ground Lease, options to purchase all or any part of Seller's interest in the Ground Lease or other rights whereby any individual or entity has the right to purchase all or any part of Seller's interest in the Ground Lease. (viii) Within the twelve (12) month period preceding the Effective Date, Seller has not received any written notice of any pending material claims or complaints against Seller with respect to any violation of any Environmental Law, any releases of Hazardous Materials or with respect to any corrective or remedial action for, or cleanup of, the Property or any portion thereof. For purposes of this Agreement,the term"Hazardous Materials" shall mean any chemical, compound, material, mixture or substance that is now or hereafter listed in any Environmental Laws as a "hazardous substance", "toxic substance", or the like, or any petroleum product or related byproduct, hydrocarbon, radon, asbestos, urea formaldehyde, polychlorinated biphenyl compounds,underground storage tanks,medical waste or radioactive or nuclear material. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, 17 Compensation and Liability Act (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act(42 U.S.C. § 6901 et seq.), as amended from time to time, and any similar applicable federal, state and local statutes, laws and ordinances and the regulations implementing such statutes, laws and ordinances. (ix) Except for the Brokerage Agreement (hereinafter defined), to Seller's knowledge, there are no exclusive or continuing brokerage agreements as to the sale of Seller's interest in the Ground Lease, or the sale or lease of any of the space at the Property, entered into by Seller that will remain in effect after Closing. (x) To Seller's knowledge, there are no employees of Seller or at the Property for which Buyer will be responsible after Closing (unless Buyer elects to employ any such employees). (xi) Seller is not a "foreign person," as that term is used and defined in the Internal Revenue Code, Section 1445, as amended. Seller is not a Prohibited Person (hereinafter defined), nor is Seller a "foreign corporation", "foreign partnership" or"foreign estate" as those terms are defined in the Internal Revenue Code of 1986, as amended. (xii) Within the twelve (12) month period preceding the Effective Date, Seller has not received any written notice of any material violation of any Regulatory Agreement that has not been cured. Whenever reference is made in this Agreement to the knowledge of Seller, or to Seller receiving notice, or to any phrase of similar meaning to either of the foregoing, such references shall be deemed limited to the actual, conscious awareness of facts and not the implied or imputed knowledge of Jerel Klue (the "Knowledge Party"), without any investigation or inquiry. There shall be no personal liability on the part of the Knowledge Party arising out of this Agreement. (b) Buyer hereby represents and warrants to Seller that: (i) Buyer has the full right, power and authority to enter into, perform and execute this Agreement and to purchase Seller's interest in the Ground Lease as provided in this Agreement and to carry out its obligations under this Agreement. (ii) None of the execution, delivery or performance of this Agreement by Buyer does or will, with or without the giving of notice, lapse of time or both: (A) violate, conflict with or constitute a default under (I) the organizational documents of Buyer or any agreement, instrument or other document to which Buyer is a party or by which it is bound, or(II)any judgment, decree, order, statute, injunction, law, rule or regulation of a governmental or quasi-governmental authority; or (B) require the approval or waiver of or filing with any person (including,without limitation, any governmental or quasi-governmental authority). (iii) None of the funds to be used for payment by Buyer of the Purchase Price will be subject to 18 U.S.C. §§ 1956-1957 (Laundering of Money Instruments), 18 U.S.C. §§ 981-986 (Federal Asset Forfeiture), 18 U.S.C. §§ 881 18 (Drug Property Seizure), Executive Order Number 13224 on Terrorism Financing, effective September 24, 2001, or the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (the "USA Patriot Act"), and Buyer is not, and will not become, a person or entity with whom U.S. persons are restricted from doing business with under the regulations of the Office of Foreign Asset Control ("OFAC") of the Department of Treasury (including those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), the USA Patriot Act, or other governmental or quasi- governmental action (each such person or entity, a"Prohibited Person"). (iv) This Agreement constitutes and, when so executed and delivered, the other agreements and instruments delivered by Buyer under or in connection with this Agreement will constitute, the legal, valid and binding obligations of Buyer, enforceable against Buyer in accordance with their respective terms. (v) Buyer has experience in financial and business matters that enable it to evaluate the risks and merits of the transaction contemplated by this Agreement. (vi) Buyer has adequate financial resources to purchase the Property. (vii) Buyer is not an employee pension benefit plan or government plan within the meaning of the Employee Retirement Income Security Act of 1974, as amended. (viii) Buyer does not intend to convert the Property,the use thereof,or the ownership of the Ground Lease to any form of condominium ownership, cooperative housing corporation or stock corporation. (c) If either Party discovers and provides written notice to the other Party,prior to or at the Closing, that any representation or warranty of the other is false, misleading or inaccurate in any material respect (a "Rep Objection Notice"), then the breaching Party shall have thirty (30) days (the "Rep Cure Period") to cure the matters set forth in such Rep Objection Notice(with the Closing being extended as necessary to allow for such Rep Cure Period); provided, however, that if the matters set forth in the Rep Objection Notice cannot be cured prior to the expiration of the Rep Cure Period,then Buyer and Seller shall each have the right to terminate this Agreement by providing written notice to the other Party, whereupon: (i) if the applicable Rep Objection Notice related to a breach of one or more of Seller's representations and warranties contained in Section 7(a) above, then the Deposit shall be refunded to Buyer; (ii) if the applicable Rep Objection Notice related to a breach of one or more of Buyer's representations and warranties contained in Section 7(b) above, then the Deposit shall be promptly remitted to Seller; and (iii) thereafter this Agreement shall terminate and the Parties shall have no further obligations hereunder except for those obligations that survive the termination hereof. Notwithstanding the foregoing, in no event shall Buyer have the right to provide a Rep Objection Notice with 19 respect to any Buyer Knowledge Matter (hereinafter defined) or to terminate this Agreement pursuant to this Section 7(c) due to any Buyer Knowledge Matter causing any representation or warranty of Seller to be false, misleading or inaccurate. As used herein, "Buyer Knowledge Matter" shall mean any matter disclosed by any Inspections, the Deliveries,the Title Commitment,the Survey and all other written reports, documents and agreements received by Buyer in connection with this Agreement prior to the expiration of the Inspection Period. (d) If Buyer proceeds to Closing with knowledge of any untruth, inaccuracy or breach of any warranty or representation of Seller set forth in this Agreement, then Buyer shall be deemed to have waived all claims with respect to each such warranty or representation. Each of Seller's representations and warranties contained in this Agreement shall automatically be deemed modified to reflect all information known to Buyer as of the Closing Date. For purposes of this Section 7(d), if Buyer proceeds to Closing, then Buyer shall be deemed to have actual knowledge of all matters disclosed by any Inspections, the Deliveries, the Title Commitment, the Survey and all other written reports, documents and agreements received by Buyer in connection with this Agreement prior to Closing. (e) Each of the representations and warranties of Seller and Buyer contained in this Section 7 shall survive the Closing until the date that is ninety (90) days after the Closing Date (the "Warranty Expiration Date"). Any valid claim after Closing that a Party (the "Claiming Party") may have at any time against the other Parry (the "Breaching Party") for a breach of any such representation or warranty, whether known or unknown, which is not asserted by notice from such Claiming Party to such Breaching Party on or before the Warranty Expiration Date shall not be valid or effective, shall be void ab initio and the Breaching Party shall have no liability with respect thereto. Notwithstanding anything to the contrary in this Agreement, Buyer hereby agrees that the maximum aggregate liability of Seller in connection with, arising out of or in any way related to a breach by Seller under this Agreement and any document delivered in connection with the transactions contemplated by this Agreement shall be an amount equal to one percent (1%) of the Purchase Price (the "Cap"). In addition, Seller shall have no liability to Buyer for a breach of any representation or warranty unless and until the valid claims for all such breaches collectively aggregate to more than one-half of one percent (0.5%) of the Purchase Price(the"Floor"), in which event Seller shall be liable for the full amount of such claims (subject to the limitations set forth in this Agreement, including, without limitation, the Cap). Buyer hereby waives for itself and anyone who may claim by, through or under Buyer any and all rights to sue or recover from Seller any amount greater than the Cap. Furthermore, Seller's liability under this Agreement is explicitly limited to Seller's interest in the Ground Lease and the Project, including any proceeds thereof. Buyer acknowledges that (a) the direct and indirect shareholders, partners, members,trustees, officers,directors, employees, agents and security holders of the parties are not assuming any, and shall have no,personal liability for any obligations of the parties hereto under this Agreement and (b) in no event shall Seller be liable to Buyer for lost profits, diminution in value, incidental or punitive damages of any kind, or consequential damages. 20 8. RISK OF LOSS AND CONDEMNATION. (a) In the event of casualty at the Property, and the cost for repair of such casualty is reasonably estimated by Seller to exceed five percent(5%)of the Purchase Price (the "Damage Threshold Amount"), and such casualty was not in any way caused by Buyer or Buyer's Agents, then Seller shall provide Buyer with written notice of such casualty promptly upon Seller obtaining knowledge of same and Buyer may, at its sole option to be exercised by written notice to Seller delivered by the earlier of five(5)business days after the date of delivery of Seller's notice or the Closing Date, either (i) terminate this Agreement, in which case the Escrow Agent shall return the Deposit to Buyer and no Party shall have any further liability or obligation to any other Party under this Agreement, except with respect to obligations that expressly survive the termination hereof, or(ii)elect to proceed with the Closing,in which case Seller shall assign all rights to receive insurance proceeds for such casualty to Buyer and pay or credit to Buyer the amount of any applicable deductible(except to the extent(a)required to reimburse Seller's collection costs or applied to repairs by Seller prior to the Closing Date, or(b) attributable to lost rents or other items applicable to any period prior to the Closing). Buyer's failure to timely make an election under the preceding sentence shall be deemed an election under clause(ii)of the preceding sentence. (b) Buyer is bound to purchase Seller's interest in the Ground Lease as required by the terms of this Agreement without regard to the occurrence or effect of any damage to or destruction of the Property,provided that the occurrence of any damage or destruction to the Property involves repair costs equal to or less than the Damage Threshold Amount and in such event Seller shall assign all rights to receive insurance proceeds for such casualty to Buyer and pay or credit to Buyer the amount of any applicable deductible (except to the extent(a)required to reimburse Seller's collection costs or applied to repairs by Seller prior to the Closing Date, or(b) attributable to lost rents or other items applicable to any period prior to the Closing). (c) If, after the Effective Date and prior to the Closing, all or a portion of the Property,the taking of which would cause a Material Taking Loss (hereinafter defined), is taken by eminent domain or condemnation, Seller shall promptly notify Buyer in writing and Buyer may, at its sole option to be exercised by written notice to Seller delivered by the earlier of five (5) business days after the date of delivery of Seller's notice or the Closing Date,give written notice to Seller electing to terminate this Agreement prior to the Closing in which event both Parties shall be relieved and released of and from any further liability hereunder, except as set forth herein, the Deposit shall forthwith be returned to Buyer by Escrow Agent, and thereupon this Agreement shall become null and void and be considered canceled. If Buyer fails to timely make such election,then this Agreement shall remain in full force and effect and the sale and purchase contemplated herein, excluding any interest taken by eminent domain or condemnation, shall be effected with no further adjustment, and,upon the Closing, Seller shall assign,transfer, and set over to Buyer all of the right, title and interest of Seller in and to any awards that have been or that may thereafter be made for such taking. As used herein, a"Material Taking Loss" shall mean the loss of any rental units, parking spaces or means of access having an aggregate value of five percent(5%) or more of the Purchase Price. 21 9. DEFAULT. (a) Seller's Default. If Seller is in default under or in breach of any of the terms, covenants, conditions or obligations hereunder in any material respect and such default or breach is not cured (without application of any other cure period provided for in this Agreement) within ten (10) business days after written notice from Buyer to Seller (a "Seller Default"), then Buyer may, at its option and as its sole and exclusive remedy to be exercised by written notice to Seller (a "Seller Default Notice") not later than five (5) business days after the expiration of such ten(10)business day period, either: (i)terminate this Agreement and receive a full and immediate refund of the Deposit held by Escrow Agent, whereupon Seller shall reimburse Buyer for documented third party out-of-pocket expenses incurred by Buyer in connection with this Agreement and the transaction contemplated herein, including non-refundable lender fees, up to a maximum aggregate total amount of Fifty Thousand and 00/100 Dollars ($50,000.00) (the "Expense Reimbursement Cap") and thereafter the Parties shall be relieved and released from all other and further obligations under this Agreement except for the obligations which expressly survive the termination of this Agreement; or (ii) enforce specific performance of this Agreement. If Buyer fails to timely deliver a Seller Default Notice,then Buyer shall be deemed to have elected under clause (i) of the preceding sentence. As a condition precedent to Buyer exercising any right it may have to bring an action for specific performance hereunder, Buyer must commence such action for specific performance within thirty(30)days after the date Buyer discovered the applicable Seller Default. Buyer agrees that its failure to timely commence such an action for specific performance shall be deemed Buyer's waiver of its right to commence an action for specific performance. Buyer hereby expressly waives any right to seek damages against Seller except as otherwise expressly provided herein. In no event shall any member, officer, director, agent or employee of Seller or its partners be personally liable for any of Seller's obligations under this Agreement or the documents to be delivered at the Closing. For all purposes hereof, Buyer waives its right to seek,plead or obtain any judgment for any remedies or damages not specifically contained herein, including, without limitation, consequential, compensatory and punitive damages. (b) Buyer's Default. If Buyer is in default under or in breach of any of the terms, covenants, conditions,or obligations hereunder,which default or breach is not cured within five (5) business days after written notice from Seller (provided that the foregoing notice and five (5) business day cure period shall not be applicable to Buyer's default in delivering the Initial Deposit or consummating the Closing), then Seller, as Seller's sole and exclusive remedy,shall be entitled to terminate this Agreement and receive the Deposit held by Escrow Agent, and the Deposit shall become the property of Seller,such sum being agreed upon as fair and equitable liquidated damages due in part to the difficulty, inconvenience and uncertainty of ascertaining actual damages,whereupon the Parties shall be relieved and released from all other and further obligations under this Agreement except for the obligations which expressly survive the termination of this Agreement. 10. TAX DISCLOSURE. BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED 22 TO PAY IN THE YEAR SUBSEQUENT TO CLOSING. A CHANGE OF OWNERSHIP OR IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 11. NOTICES. Any notice, consent, approval or communication given pursuant to the provisions of this Agreement shall (except where otherwise expressly permitted by this Agreement) be in writing, addressed as described below, and shall be: (a) delivered by a nationally recognized overnight courier which delivers only upon signed receipt of the addressee, in which case notice shall be deemed delivered one (1) business day following the date such notice is deposited with such courier; or(b)by email, in which case notice shall be deemed delivered when sent,provided that email notice shall not be effective unless a copy of such notice is concurrently sent in accordance with clause (a) of this sentence. Such notices shall be given to the Parties at the following addresses: If to Seller: COSTA TARRAGONA II, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Zac Metter Email: zmelter@nrpgroup.com Copy to: COSTA TARRAGONA II, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Noam Magence, Esq., General Counsel Email: nmagence@nrpgroup.com And copy to: Benesch, Friedlander, Coplan& Aronoff LLP 127 Public Square, Suite 4900 Cleveland, Ohio 44114 Attn: Jeffrey J. Wild, Esq. and Barry J. Guttman, Esq. Email:jwild@beneschlaw.com; bguttman@beneschlaw.com And copy to: COSTA TARRAGONA II, LTD. c/o Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Jennifer Buxton Email:jenniferb6@cctexas.com 23 And copy to: Wood, Boykin & Wolter 555 N. Carancahua St, Ste 1510 Corpus Christi, Texas 78401 Attn: John D. Bell Email:jdbell@wbwpc.com If to Buyer: HKSK CORP. 420 Central Avenue Cedarhurst,NY 11516 Attention: Raymond Katz, President Email: Copy to: Attention: Email: If to Escrow Agent: Stewart Title Guaranty Company 5600 Clearfork Main Street, Suite 120 Fort Worth, Texas 76109, Attention: Drex Baker, Director of Commercial Operations Email: dbaker@stewart.com Any Party may, by giving five (5) business days prior written notice to the other Party given in accordance with this Section, designate any other address in substitution of the foregoing address to which notice shall be given. The attorney for a Party has the authority to send and receive notices on behalf of such Party. 12. BROKERS. Each Party warrants to the other that no brokers have been engaged or consulted by the warranting Party or any affiliated person or entity of such Party or are in any way entitled to compensation as a consequence of the sale of Seller's interest in the Ground Lease or the Project to Buyer other than Berkadia Real Estate Advisors LLC ("Broker"). Seller shall be responsible for the commission owed to Broker pursuant to separate agreement (the "Brokerage Agreement"). Each of Buyer and Seller agrees to indemnify and hold harmless the other Party from and against any and all claims and expenses, including reasonable attorneys' fees, for any brokerage or agent commission or fee arising out of this transaction by any broker or agent with whom the indemnifying Party has dealt, other than Broker. Both Parties shall have the right, however, to participate in the defense of any action brought by such agent or broker. The provisions of this Section shall survive the Closing. 13. ESCROW AGENT. (a) The Parties designate the Escrow Agent as the escrow agent in connection with this transaction. This Agreement shall serve as escrow instructions and shall be subject to the usual conditions of acceptance of the Escrow Agent, insofar as the same are 24 not inconsistent with any of the terms hereof. The Deposit shall be held as a deposit under this Agreement in an interest bearing account,and shall be: (a)applied against the Purchase Price if Closing occurs; or(b) delivered to Seller or Buyer,in accordance with the terms of this Agreement,if Closing does not occur. Interest on the Deposit shall be paid to the Party entitled to receive the Deposit pursuant to this Agreement. (b) Seller and Buyer acknowledge that Escrow Agent is serving solely as an accommodation to the Parties, and except for the gross negligence or willful misconduct of the Escrow Agent, the Escrow Agent shall have no liability of any kind whatsoever arising out of or in connection with its activity as Escrow Agent. Except as set forth above, Seller and Buyer shall jointly and severally indemnify and hold harmless Escrow Agent from all suits, actions, loss, costs, claims, damages, liabilities, and expenses (including, without limitation,reasonable attorneys' fees and disbursements), incurred by reason of its acting as Escrow Agent. In no event shall the Escrow Agent be liable for any lost profits or for any incidental, special, consequential or punitive damages whether or not the Escrow Agent knew of the possibility or likelihood of such damages. 14. AS-IS CONDITION OF PROPERTY. (a) EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT, THE SALE OF SELLER'S INTEREST IN THE GROUND LEASE AND THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN"AS IS, WHERE-IS" CONDITION AND BASIS WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED BY BUYER) WITH RESPECT TO THE GROUND LEASE, THE PROPERTY, THE PROPERTY'S CONDITION AND THE CONSTRUCTION, PROSPECTS, OPERATIONS AND RESULTS OF OPERATIONS OF THE PROPERTY. THE DISCLAIMERS HEREOF SPECIFICALLY EXTEND TO, WITHOUT LIMITATION, (1) MATTERS RELATING TO HAZARDOUS MATERIALS AND COMPLIANCE WITH ENVIRONMENTAL LAWS, (2) GEOLOGICAL CONDITIONS, INCLUDING SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND STREAMS AND RESERVOIRS AND OTHER UNDERGROUND WATER CONDITIONS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER, EARTHQUAKE FAULTS, AND MATTERS RELATING TO FLOOD PRONE AREAS, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARDS, (3) DRAINAGE, (4) SOIL CONDITIONS, INCLUDING THE EXISTENCE OF INSTABILITY,CONDITIONS OF SOIL FILL,SUSCEPTIBILITY TO LANDSLIDES,AND THE SUFFICIENCY OF ANY UNDERSHORING, (5) ZONING AND SUBDIVISION AND COMPLIANCE WITH ZONING AND SUBDIVISION LAWS, (6) THE VALUE AND PROFIT POTENTIAL OF THE PROPERTY AND (7) DESIGN, QUALITY, SUITABILITY, STRUCTURAL INTEGRITY AND PHYSICAL CONDITION OF THE PROPERTY AND COMPLIANCE OF THE PROPERTY WITH ANY LAWS (INCLUDING, WITHOUT LIMITATION, BUILDING CODES AND SIMILAR LAWS, THE AMERICANS WITH DISABILITIES ACT OF 1990 AND THE FAIR HOUSING AMENDMENTS ACT OF 25 1988). BUYER REPRESENTS AND WARRANTS TO SELLER THAT BUYER IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED BUYER OF REAL ESTATE. BUYER ACKNOWLEDGES THAT, EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES MADE BY SELLER IN THIS AGREEMENT, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY STATEMENT OF SELLER OR ANY OF ITS AFFILIATES OR ANY OF THE SELLER PARTIES OR OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES. BUYER ACKNOWLEDGES THAT IT HAS CONDUCTED OR WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS AS TO THE CONDITION OF THE PROPERTY,THE GROUND LEASE,AND ALL MATTERS BEARING UPON THE PROPERTY AND THE CONSTRUCTION, PROSPECTS, OPERATIONS AND RESULTS OF OPERATIONS OF THE PROPERTY AS IT DEEMS NECESSARY TO PROTECT ITS INTERESTS. UPON CLOSING, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BUYER WILL ACCEPT SELLER'S INTEREST IN THE GROUND LEASE AND THE PROPERTY SUBJECT TO ALL ADVERSE STRUCTURAL, PHYSICAL, ECONOMIC OR ENVIRONMENTAL CONDITIONS THAT MAY THEN EXIST AND THAT WERE OR MAY NOT HAVE BEEN REVEALED BY THE INSPECTIONS AND INVESTIGATIONS CONDUCTED BY BUYER AND, EXCEPT FOR THE SPECIFIC COVENANTS, REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT, BUYER SPECIFICALLY WAIVES AND RELEASES (1) ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR USE OR ACCEPTABILITY FOR THE PURPOSE INTENDED BY SELLER) WITH RESPECT TO THE GROUND LEASE, THE PROPERTY OR ITS CONDITION OR THE CONSTRUCTION, PROSPECTS, OPERATIONS OR RESULTS OF OPERATIONS OF THE PROPERTY AND (2) ALL RIGHTS, REMEDIES, RECOURSE OR OTHER BASIS FOR RECOVERY (INCLUDING ANY RIGHTS,REMEDIES, RECOURSE OR BASIS FOR RECOVERY BASED ON NEGLIGENCE OR STRICT LIABILITY) THAT BUYER WOULD OTHERWISE HAVE AGAINST SELLER OR ANY OF ITS AFFILIATES OR ANY OF THE SELLER PARTIES, ANY PERSON WHO HOLDS A DIRECT OR INDIRECT OWNERSHIP INTEREST IN SELLER OR ANY SUCH AFFILIATE AND THE RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, AGENTS, EMPLOYEES, BROKERS AND ATTORNEYS OF EACH SUCH PERSON IN RESPECT OF THE CONDITION OF THE PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS,WAIVERS AND RELEASES SET FORTH HEREIN ARE AN INTEGRAL PART OF THIS AGREEMENT AND THAT SELLER WOULD NOT HAVE AGREED TO COMPLETE THE SALE ON THE TERMS PROVIDED IN THIS AGREEMENT WITHOUT THE DISCLAIMERS, WAIVERS AND RELEASES SET FORTH HEREIN. (b) BUYER REPRESENTS TO SELLER THAT BUYER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY,INCLUDING BUT NOT LIMITED TO,THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF,AS BUYER DEEMS NECESSARY OR DESIRABLE TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE 26 ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO. (c) AS A MATERIAL PART OF THE CONSIDERATION TO SELLER FOR THE SALE OF THE PROPERTY, BUYER, ON BEHALF OF ITSELF, AND ITS SUCCESSORS AND ASSIGNS, FROM AND AFTER CLOSING PURSUANT TO THE AGREEMENT,HEREBY IRREVOCABLY WAIVES,AND RELEASES SELLER AND THE SELLER PARTIES FROM, ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, DAMAGES, CAUSES OF ACTION AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, OTHER THAN THOSE FOR BREACH OF SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT,THAT ARE BASED DIRECTLY OR INDIRECTLY ON,ARISE FROM OR IN CONNECTION WITH, OR ARE RELATED TO: (i) ANY PAST,PRESENT OR FUTURE CONDITION OF THE GROUND LEASE OR THE PROPERTY; (ii) ANY AND ALL STATEMENTS, REPRESENTATIONS, WARRANTIES, DETERMINATIONS, CONCLUSIONS, ASSESSMENTS, ASSERTIONS OR ANY OTHER INFORMATION CONTAINED IN ANY OF THE DOCUMENTS DELIVERED TO BUYER IN CONNECTION HEREWITH (BUT SPECIFICALLY EXCLUDING ANY REPRESENTATIONS OR WARRANTIES MADE BY SELLER IN THIS AGREEMENT), OR ANY MISREPRESENTATION OR FAILURE TO DISCLOSE INFORMATION RELATING TO THE GROUND LEASE, THE PROPERTY OR THE DOCUMENTS DELIVERED TO BUYER IN CONNECTION HEREWITH; OR (iii) ANY DEFECT, INACCURACY OR INADEQUACY IN THE CONDITION OF TITLE TO THE GROUND LEASE OR THE PROPERTY, LEGAL DESCRIPTION OF THE PROPERTY, OR COVENANTS, RESTRICTIONS, ENCUMBRANCES OR ENCROACHMENTS WHICH AFFECT THE GROUND LEASE OR THE PROPERTY. (d) BUYER HEREBY ACKNOWLEDGES AND AGREES THAT (i) BUYER MAY HEREAFTER DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE NOW (OR AS OF THE CLOSING) KNOWN OR BELIEVED TO BE TRUE REGARDING THE GROUND LEASE OR THE PROPERTY AND/OR THE DOCUMENTS DELIVERED TO BUYER IN CONNECTION HEREWITH, (ii) BUYER'S AGREEMENT TO RELEASE, ACQUIT AND DISCHARGE SELLER AS SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT, NOTWITHSTANDING THE EXISTENCE OR DISCOVERY OF ANY SUCH DIFFERENT OR ADDITIONAL FACTS, AND (iii) BUYER KNOWINGLY AND VOLUNTARILY WAIVES ANY AND ALL RIGHTS, BENEFITS AND PRIVILEGES TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY FEDERAL, STATE, LOCAL, OR OTHER LAWS WHICH DO OR WOULD NEGATIVELY AFFECT VALIDITY OR ENFORCEABILITY OF ALL OR PART OF THE RELEASES SET FORTH IN THIS AGREEMENT. (e) TO THE EXTENT PERMITTED BY LAW, BUYER AGREES NEVER TO COMMENCE OR PROSECUTE, OR CONSPIRE OR COLLUDE WITH OTHERS TO COMMENCE OR PROSECUTE,AGAINST THE SELLER,AND/OR ANY OF THE 27 SELLER PARTIES, ANY ACTION OR OTHER PROCEEDING BASED UPON ANY CLAIM SPECIFICALLY RELEASED IN THIS SECTION 14. THIS RELEASE SHALL BE DEEMED REAFFIRMED AT THE CLOSING. (f) FOLLOWING THE CLOSING, AND DURING THE PERIOD OF OPERATION OF ALL OR ANY PORTION OF THE PROPERTY BY BUYER OR ANY OF ITS AFFILIATES TO WHOM BUYER TRANSFERS THE PROPERTY (THE "OWNERSHIP PERIOD"),BUYER MAY CAUSE OR PERMIT THE PROPERTY OR THE GROUND LEASE TO BE CONVERTED TO CONDOMINIUM OWNERSHIP IF AND ONLY IF BUYER SHALL, AND DOES HEREBY AGREE IN THE EVENT OF ANY SUCH CONVERSION TO, INDEMNIFY, DEFEND AND HOLD HARMLESS SELLER AND ALL OF THE SELLER PARTIES FROM ANY AND ALL DEMANDS, CLAIMS, INCLUDING CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, LEGAL OR ADMINISTRATIVE PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, PENALTIES, FINES, JUDGMENTS, COSTS OR EXPENSES WHATSOEVER, WHETHER IN TORT, CONTRACT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES AND DISBURSEMENTS) (COLLECTIVELY, "CLAIMS"), MADE OR BROUGHT BY ANY PARTY OR PARTIES WHO ACQUIRE OR CONTRACT TO ACQUIRE ANY OWNERSHIP INTEREST IN A CONDOMINIUM APARTMENT OR UNIT ON THE PROPERTY FOLLOWING THE DATE OF BUYER'S ACQUISITION OF SELLER'S INTEREST IN THE GROUND LEASE, ARISING OUT OF CONSTRUCTION DEFECTS, WHETHER LATENT OR PATENT, IN THE IMPROVEMENTS OR IN ANY MECHANICAL, ELECTRICAL, PLUMBING, SEWAGE, HEATING, VENTILATING, AIR CONDITIONING AND OTHER SYSTEMS THEREIN OR THEREON. THE INDEMNITY PROVIDED FOR IN THIS SECTION 14(F) SHALL SURVIVE THE CLOSING FOR A PERIOD EXPIRING ON THE EARLIER TO OCCUR OF THE END OF THE OWNERSHIP PERIOD OR THE EXPIRATION OF ANY STATUTE OF LIMITATIONS APPLICABLE TO THE CLAIMS AGAINST SELLER AND THE SELLER PARTIES. FOR THE PURPOSES OF THIS SECTION 14(F), "AFFILIATE" SHALL MEAN ANY ENTITY: (I) CONTROLLING, CONTROLLED BY, OR UNDER COMMON CONTROL WITH BUYER;AND/OR(II) PARTIALLY OR WHOLLY OWNED BY, OWNING OR HAVING ANY OWNERSHIP INTEREST IN BUYER, WHETHER DIRECTLY OR INDIRECTLY, OR IN WHICH BUYER HAS ANY DIRECT OR INDIRECT OWNERSHIP INTEREST. BUYER'S OBLIGATIONS AND SELLER'S RIGHTS UNDER THIS SECTION 14(F) SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, BUYER'S OBLIGATIONS AND SELLER'S RIGHTS UNDER THE CONDO PROHIBITION AGREEMENT. (g) THE PROVISIONS OF THIS SECTION 14 SHALL SURVIVE CLOSING OR ANY TERMINATION OF THIS AGREEMENT. 15. GENERAL PROVISIONS. (a) Governing Law. This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies arising hereunder, shall be governed by the applicable statutory and common law of the state where the Property is located. 28 (b) Severabilily. In the event any term or provision of this Agreement shall be held illegal, unenforceable or inoperative as a matter of law, the remaining terms and provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. (c) Binding Effect, Entire Agreement, Modification. This Agreement shall be binding upon, and shall inure to the benefit of, the heirs, representatives, successors and permitted assigns of the Parties. This Agreement embodies the entire contract between the Parties with respect to the Ground Lease and the Property and supersedes any and all prior agreements and understandings, written or oral, formal or informal including, without limitation, any letter of intent relating to a sale of Seller's interest in the Ground Lease.No modifications or amendments to this Agreement, of any kind whatsoever, shall be made or claimed by Seller or Buyer, and no notices of any extension, change, modification or amendment made or claimed by Seller or Buyer shall have any force or effect whatsoever unless the same shall be endorsed in writing and fully signed by Seller and Buyer. (d) Time of Essence. Time shall be of the essence of this Agreement. (e) Captions. Captions and Article headings contained in this Agreement are for convenience of reference only and in no way define, describe, extend or limit the scope or intent of this Agreement nor the intent of any provision hereof. (f) Assi ng ment. This Agreement is not assignable by Buyer other than to an entity controlling, controlled by, or under common control with, Buyer ("Permitted Assignment"). Notwithstanding the foregoing, (i) a Permitted Assignment shall not relieve Buyer of its obligations hereunder; (ii)Buyer and such assignee shall remain jointly and severally liable for all obligations of Buyer hereunder; and (iii) Buyer will provide written notice to Seller of any Permitted Assignment at least five (5)business days prior to Closing. All representations and warranties of Buyer under this Agreement shall be deemed remade and as if first made on and as of the date of such Permitted Assignment. (g) Waiver. No delay or omission in the exercise of any right or remedy accruing to either Party upon any breach by the other Party under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. Except as expressly provided in this Agreement, no waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the Party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. (h) Recordation of Agreement. Neither this Agreement nor any memorandum thereof or reference thereto may be recorded in any Public Records in any state, including the state where the Property is located. (i) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. Copies of this Agreement bearing the signatures of the Parties shall be as binding as originals. 29 0) Interpretation. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. This Agreement shall be interpreted without regard to any presumption or other rule requiring interpretation against the Party causing this Agreement or any part thereof to be drafted. Unless this Agreement expressly or necessarily requires otherwise, any time period measured in "days" means consecutive calendar days, except that the expiration of any time period measured in days that expires on a Saturday, Sunday or legal holiday automatically will be extended to the next day that is not a Saturday, Sunday or legal holiday. As used in this Agreement, "business day" means any day that is not a Saturday, Sunday or legal holiday. (k) Lead-Based Paint Disclosure. EVERY BUYER OF ANY INTEREST IN RESIDENTIAL REAL PROPERTY ON WHICH A RESIDENTIAL DWELLING WAS BUILT PRIOR TO 1978 IS NOTIFIED THAT SUCH PROPERTY MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL DAMAGE, INCLUDING LEARNING DISABILITIES, REDUCED INTELLIGENCE QUOTIENT, BEHAVIORAL PROBLEMS,AND IMPAIRED MEMORY. LEAD POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. THE SELLER OF ANY INTEREST IN RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY INFORMATION ON LEAD-BASED PAINT HAZARDS FROM RISK ASSESSMENTS OR INSPECTIONS IN THE SELLER'S POSSESSION AND NOTIFY THE BUYER OF ANY KNOWN LEAD-BASED PAINT HAZARDS. A RISK ASSESSMENT OR INSPECTION FOR POSSIBLE LEAD-BASED PAINT HAZARDS IS RECOMMENDED PRIOR TO PURCHASE. By its execution of this Agreement, Buyer acknowledges that it has (a) read and understands the foregoing Lead Warning Statement, (b) reviewed, or during the Inspection Period will review, any documents concerning lead-based paint or lead-based paint hazards located on the Property or otherwise provided for review by or on behalf of Seller, and (c) independently obtained a lead hazard information pamphlet in the form prescribed by the Environmental Protection Agency under Section 406 of the Toxic Substances Control Act. Buyer shall conduct such studies and tests for lead-based paint during the Inspection Period as Buyer deems appropriate. (1) Facsimile, Electronic Signature. This Agreement may be executed in handwriting and delivered by facsimile or electronic delivery. Any such delivery shall be treated as an original signature for all purposes. (m) Advice of Counsel. Each Parry acknowledges that it has been advised, or has had the opportunity to be advised, by its own counsel with respect to the transaction governed by this Agreement. (n) JURISDICTION, JURY TRIAL WAIVER. ALL DISPUTES BETWEEN BUYER AND SELLER ARISING UNDER OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT OR EQUITY OR OTHERWISE, SHALL BE RESOLVED ONLY IN THE FEDERAL OR STATE COURTS SITUATED IN NUECES COUNTY, TEXAS; AND EACH 30 PARTY HERETO SUBMITS TO THE JURISDICTION OF SUCH COURTS AND WAIVES ANY OBJECTION TO THE VENUE AND JURISDICTION OF SUCH COURTS. BUYER AND SELLER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. BUYER ACKNOWLEDGES THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO SELLER IN ENTERING INTO THIS AGREEMENT AND THAT BUYER HAS BEEN REPRESENTED BY AN ATTORNEY OR HAS HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS JURY TRIAL WAIVER AND UNDERSTANDS THE LEGAL EFFECT OF THIS WAIVER. (o) Survival. Except as otherwise expressly provided in this Agreement, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. The delivery of the Ground Lease Assignment to Buyer shall be deemed to be a full performance of Seller under this Agreement and discharge of every agreement and obligation on the part of Seller to be performed pursuant to the provisions of this Agreement, except those which by the terms of this Agreement expressly survive the Closing. (p) No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. (q) Withdrawal of Offer.Until this Agreement is fully executed by both Parties, Seller reserves the right to withdraw its offer to sell its interest in the Ground Lease to Buyer pursuant to the terms of this Agreement. (r) Confidentiality. Without the prior written consent of the other Parry,neither Seller nor Buyer will disclose to any person, other than their legal counsel or a proposed lender, either the fact that this Agreement has been entered into or any of the terms, conditions or other facts with respect thereto, including the status thereof, provided, however, that either Party may make such disclosure if compelled by court order or to comply with the requirements of any law, governmental order or regulation. This Section 15(r) shall survive the Closing or earlier termination of this Agreement. (s) Oil and Gas Rights Disclosure. Oil and gas rights can be severed from the title to real property by conveyance of the oil and gas rights from the owner or by reservation of the oil and gas rights by the owner. If oil and gas rights are or will be severed from the Property, the owner of those rights may have the perpetual right to drill, mine, explore, and remove any of the subsurface oil or gas resources on or from the Property either directly from the surface of the property or from a nearby location. With regard to the severance of oil and gas rights, Seller makes no disclosure,representation or warranty. 31 (t) 1031 Exchange. If requested by any Party (the "Requesting Party"), the other Party (the "Responding Party") will reasonably cooperate in structuring and completing the transactions contemplated by this Agreement for the Requesting Parry so as to effect a like kind exchange ("Exchange") pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended (the "Code"). In particular, such Responding Party will consent to the assignment by the Requesting Party prior to the Closing of the Requesting Party's rights under this Agreement to a"qualified intermediary" or other third party in order to effectuate such Exchange. The foregoing notwithstanding, in connection with any such Exchange, no Responding Parry shall have any obligation to acquire title to any real property nor to enter into any contract: (i) that may create or impose upon such Party any non-monetary obligation or negative covenant; (ii)that does not provide that the sole and exclusive remedy of any seller for a breach shall be to retain as liquidated damages the deposit paid to said seller; or (iii) that requires such Responding Party to execute any mortgage, deed of trust or similar financing instrument. It is further agreed that: (1) no Party shall assume any responsibility for the tax consequences to any other Party arising out of any Exchange; (2)the Requesting Party shall reimburse the Responding Party for all additional costs and expenses (including reasonable attorney's fees) incurred by such Responding Parry in connection with any such Exchange; (3) the Requesting Parry shall indemnify and hold the Responding Parry harmless from and against any and all loss,cost, damage, expense or other liability (including reasonable attorneys' fees) that such Responding Party may incur or suffer in the performance of such Responding Party's obligations under this Section 15(t); and(4)the Responding Parry makes no representation or warranty with respect to any tax treatment of any Exchange undertaken by the Requesting Party, it being understood and agreed that such Exchange shall be undertaken at the sole risk of the Requesting Parry. The provisions of this Section 15(t) shall survive the Closing. 16. TAX CREDIT PROVISIONS. (a) Tax Credits. Buyer acknowledges and agrees that Seller has operated the Property as a project intended to generate low-income housing tax credits("Tax Credits") under Section 42 of the Code. To that end,the Property is subject to and operated pursuant to the Regulatory Agreements (the "Tax Credit Documents"). Buyer acknowledges and agrees that any conveyance of Seller's interest in the Ground Lease is subject to the Regulatory Agreements, Section 42 of the Code (including applicable treasury regulations), and the rules, practices and regulations of the TDHCA and CCHFA (the "Agency Rules"); provided, however, that the covenants contained in the Regulatory Agreements, the requirements of Section 42 of the Code (including applicable treasury regulations) and the obligations of Agency Rules shall survive and be effective regardless of whether any instrument conveying Seller's interest in the Ground Lease provides that such conveyance is subject to the Regulatory Agreements, Section 42 of the Code (including applicable treasury regulations) and/or the Agency Rules. Buyer covenants and agrees that the Project will continue to be operated and maintained in strict compliance with all Applicable Requirements (hereinafter defined) after Closing. Buyer shall assume in writing the Regulatory Agreements, and shall be responsible for any compliance monitoring or other fees attributable to the period of time from and after the Closing Date. As used herein, the "Applicable Requirements" shall mean all applicable restrictions, procedures, regulations, guidelines and reporting requirements under (i) Section 42 of the 32 Code, (ii)the Regulatory Agreements, (iii)the Agency Rules, and (iv) all other applicable federal, state or local laws relating thereto. Buyer agrees to operate and maintain the Project in compliance with all such Applicable Requirements and shall engage a property management firm with experience in operating affordable housing projects to operate the Project in compliance with such Applicable Requirements. (b) Termination of Agreements. Following the Closing, nothing contained in this Agreement shall prohibit,restrict or hinder Buyer from seeking to have the Regulatory Agreements terminated, rescinded or voided either by agreement of TDHCA or under any provisions of applicable law; provided, however, that such termination shall not have any adverse effect on Seller. (c) Re ug latory Agreement Indemnification. Buyer agrees to protect, indemnify, defend and hold harmless Seller(and its affiliates, partners, owners, members, directors, officers, employees, agents and representatives) from and against any and all Costs, claims and lawsuits (including, without limitation, reasonable attorneys' fees and litigation expenses) arising from or related to any claims asserted against Buyer or Seller under the Regulatory Agreements for events occurring or obligations arising under the Regulatory Agreements on or after the Closing Date or due to any act or omission on the part of Buyer on or after the Closing Date. (d) Investor Requirements. Promptly after Seller's request therefor, Buyer shall deliver to Seller all documents and information reasonably requested or required by any one or more of the Investors, including (without limitation) any notice of the transfer contemplated by this Agreement, any assumption of Seller's obligations with respect to the Project or the operation thereof and any information related to any new property management company for the Project. To the extent any of the foregoing are necessary to effectuate the Closing,Buyer shall deliver the same to Seller or the Escrow Agent not less than three (3) business days prior to the Closing Date. (e) Survival. The provisions of this Section 16 shall survive the Closing. 17. SPECIAL PROVISIONS' (a) Defeasance. Buyer acknowledges and agrees that Seller will be causing certain bonds (the "Bonds")to be defeased or redeemed at Closing and that the applicable bond trustee (the "Bond Trustee") must receive its wire prior to 1:00 p.m. EDT on the Closing Date (the "Bond Trustee Deadline"). Accordingly, notwithstanding anything to the contrary in this Agreement, Buyer shall cause all of Buyer's Closing Deliveries to be deposited into escrow with the Escrow Agent by no later than one (1)business day before the Closing Date. If the Bond Trustee does not receive its wire by the Bond Trustee Deadline and Seller is unable to cause the defeasance or redemption of the Bonds on the Closing Date,then: (i)such events shall not constitute a Seller Default; and(ii)Buyer shall be responsible for any and all additional costs, fees and expenses imposed as a result of such non-receipt of the Bond Trustee's wire; and (iii) Seller and Buyer agree to use commercially reasonable efforts to effectuate the Closing as contemplated by this ' NTD: This section may be supplemented after full review of the ground lease, financing documentation, and regulatory documentation. 33 Agreement. Seller will use commercially reasonable efforts to make arrangements for the redemption and/or defeasance of the Bonds to occur with Closing. Without limiting the generality of the foregoing, to the extent an opinion of bond counsel is required in connection with any such approval, Seller shall arrange to provide any such opinion at its sole cost and expense. Buyer shall cooperate with Seller's efforts to have such Bonds defeased or redeemed at Closing, including supplying an enforceability opinion with respect to the enforceability of any Regulatory Agreements, at Buyer's expense (which shall be deemed costs of the Required Consents for all purposes under this Agreement). (b) Additional Texas Provisions. (i) DTPA WAIVER OF CONSUMER RIGHTS. BUYER AND SELLER ACKNOWLEDGE THAT THE TEXAS DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION ACT (SECTION 17.41 ET SEQ. OF THE TEXAS BUSINESS AND COMMERCE CODE), A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS (THE "TEXAS ACT"),DOES NOT APPLY TO THE SALE OF SELLER'S INTEREST IN THE GROUND LEASE CONTEMPLATED BY THIS AGREEMENT BECAUSE THE CONSIDERATION FOR SELLER'S INTEREST IN THE GROUND LEASE IS GREATER THAN FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00), AND PURSUANT TO SECTION 17.42 OF THE TEXAS ACT, BUYER HEREBY VOLUNTARILY WAIVES ANY RIGHTS THAT IT MAY HAVE UNDER THE TEXAS ACT AFTER CONSULTING WITH LEGAL COUNSEL OF ITS OWN SELECTION. (ii) NOTICE UNDER TEXAS REAL ESTATE LICENSE ACT, DEED RESTRICTIONS. The Texas Real Estate License Act requires written notice to Buyer that it should have an attorney examine an abstract of title to a Texas property or obtain a title insurance policy. Notice to that effect is,therefore, hereby given to Buyer with respect to this transaction. Seller hereby advises Buyer to review carefully all deed restrictions and similar encumbrances affecting the Property that are indicated by the Title Commitment as obtained by Buyer. The parties further agree that if the Property is located in a city, county or other governmental unit which by law or ordinance requires a closing document listing all deed restrictions and/or similar encumbrances affecting the Property, then at Closing, Buyer and Seller shall execute, acknowledge and record such prescribed closing document. (iii) NOTICE REGARDING TEXAS PROPERTY IN UNINCORPORATED AREA. Pursuant to the requirements of Section 5.011 of the Texas Property Code, Seller hereby notifies Buyer that if the Property related to this Agreement is located outside the limits of a municipality, such Property may now or later be included within the extra-territorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extra-territorial jurisdiction. To determine if such Property is located within a municipality's extra- territorial jurisdiction, contact all municipalities located in the general proximity of such Property for further information. 34 (iv) TEXAS MUNICIPAL UTILITIES DISTRICT NOTICE. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage or flood control facilities and services, the Texas Water Code requires Seller to deliver and Buyer to sign and acknowledge, at the closing, the statutory notice relating to the tax rate, bonded indebtedness or standby fee of the district. Such notice shall be recorded in the real property (deed) records of the county in which such Property is located. (v) NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES. If, for the current ad valorem tax year, the taxable value of the Property is determined by a special appraisal method that allows for appraisal of the Property at less than its market value, then the person or entity to whom the Property is transferred may not be allowed to qualify the Property for that special appraisal in a subsequent tax year and the Property may then be appraised at its full market value. In addition, the transfer of the Property or a subsequent change in the use of the Property may result in the imposition of an additional tax plus interest as a penalty for the transfer or change in the use of the Property. The taxable value of the Property and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the Property is located. (vi) NOTICE TO BUYER REGARDING RESTRICTIVE COVENANTS. If the Property is located in a municipality that has required any person who sells or conveys restricted property located inside the boundaries of the municipality to first give to the buyer written notice of the restrictions and notice of the municipality's right to enforce compliance,then at Closing, Seller and Buyer shall execute, acknowledge and cause to be recorded in the real property records of the county in which the Property is located the notice required by Section 212.155 of the Texas Local Government Code. (vii) THE WATERS. Seller hereby notifies Buyer pursuant to Section 33.135 of the Texas Natural Resources Code that if the Property adjoins or abuts tidally influenced waters, then the following notice shall be applicable: (a) The Property adjoins and shares a common boundary with the tidally influenced submerged lands of the state. The boundary is subject to change and can be determined accurately only by a survey on the ground made by a licensed state land surveyor in accordance with the original grant from the sovereign. The owner of the Property may gain or lose portions of the tract because of changes in the boundary. (b) The seller, transferor or grantor has no knowledge of any prior fill as it relates to the Property. (c) State law prohibits the use, encumbrance, construction, or placing of any structure in, on, or over state-owned submerged lands below the applicable tide line,without proper permission. 35 (d) Buyer is hereby advised to seek the advice of an attorney or other qualified person as to the legal nature and effect of the facts set forth in this notice on the Property. Information regarding the location of the applicable tide line as to the Property may be obtained from the surveying division of the General Land Office in Austin. (viii) NOTICE TO PURCHASER OF PROPERTY LOCATED IN CERTAIN ANNEXED WATER DISTRICTS. If the Property is situated in a water or sanitary sewer district which entered into a contract with a city with a population of 1.8 million or less that allows the city to set rates in the district after annexation which are different from rates charged to other residents of the city,then at Closing Seller shall issue to Buyer and Buyer shall acknowledge receipt of the notice required by Section 54.016(h)(4)(A) of the Texas Water Code. (ix) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER. If the Property is located in a certified water or sewer service area, then Seller hereby notifies Buyer as follows, as is contemplated in Section 13.257 of the Texas Water Code: The Property that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your Property is located in a certificated area,then there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding Agreement for the purchase of the Property or at Closing of purchase of the Property. (x) PUBLIC IMPROVEMENT DISTRICTS. As a courtesy to Buyer, Seller hereby notifies Buyer as follows: If the property is located in a public improvement district, then as a purchaser of the Property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372 of the Texas Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Buyer's failure to pay the assessments could result in a lien on and the foreclosure of your Property. 36 (xi) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT. Buyer should contact the Texas Department of Agriculture to determine whether the Property is located in a Texas Agricultural Development District. (xii) NOTICE OF UNDERGROUND OR ABOVEGROUND STORAGE TANKS. Notice of Underground or Aboveground Storage Tanks. If the Property includes the sale or conveyance of a tank (or tank system) which is designed or intended to be installed as an underground storage tank or an above ground storage tank, then at Closing, Seller shall issue to Buyer and Buyer shall acknowledge receipt of the notice required by Section 334.9 of the Texas Administrative Code. (xiii) NOTICE OF LOCATION OF PROPERTY IN THE AREA OF THE ALIGNMENT OF A TRANSPORTATION PROJECT. As a courtesy to Buyer, Seller hereby notifies Buyer as follows: The Property may be located within the area of the alignment of a transportation project as shown on a final environmental decision document that is applicable to the future transportation corridor identified in an agreement between the Texas Department of Transportation and the county in which the Property is located under Section 201.619 of the Texas Transportation Code. (c) Simultaneous Closing and Cross-Conditioning of Related Agreements. Concurrently herewith, Buyer (or one or more affiliates of Buyer, as applicable, the "Related Buyers") and certain affiliates of Sellers (the "Seller Affiliates") have entered into the Purchase and Sale Agreements dated as of even date herewith (the "Related Agreements"), which Related Agreements are more particularly described on Schedule "17 c " attached hereto and made a part hereof. Pursuant to the Related Agreements, the Seller Affiliates will sell and the Related Buyers will buy certain interests of the Seller Affiliates (collectively, the "Related Interests"). Notwithstanding anything to the contrary in this Agreement or in the Related Agreements, Sellers and Buyer hereby acknowledge and agree that the following provisions shall apply: (i) The transactions contemplated by this Agreement are expressly contingent and conditioned upon the consummation of each and all of the transactions provided for under the Related Agreements and are further expressly contingent and conditioned upon the simultaneous closing of the acquisition of the Related Interests by Related Buyers from the Seller Affiliates pursuant to the Related Agreements. (ii) The Closing under this Agreement shall occur simultaneously with the closings under the Related Agreements. (iii) If any of the transactions contemplated under the Related Agreements fail to occur for any reason, then none of the transactions under this Agreement shall be consummated. 37 (iv) Provided that any required notice is timely given and that any applicable deposit is made: (A) an extension of any time period as expressly provided for and/or permitted under this Agreement shall be deemed to be an extension of the corresponding period of time under the Related Agreements, and (B) an extension of any time period as expressly provided for and permitted under a Related Agreement shall be deemed to be an extension of the corresponding period of time under this Agreement. For the avoidance of doubt, Buyer's exercise or waiver of any closing extension option under this Agreement, if any, shall be deemed the Related Buyers' exercise or waiver of the corresponding rights as set forth in the Related Agreements, if any (such that, when this Agreement and the Related Agreements are taken together collectively as a single transaction, Buyer and the Related Buyers are not deemed to have more than one(1)extension period), provided that Buyer shall, as a condition to exercising any closing extension option under this Agreement, be obligated to make or cause the Related Buyers to make the corresponding deposits required to extend Closing as set forth in the Related Agreements concurrently with Buyer making the Extension Deposit under this Agreement, as applicable. (v) If any Related Buyer or any Seller Affiliate properly terminates any Related Agreement in accordance with the terms and conditions of such Related Agreement and pursuant to a termination right expressly granted in such Related Agreement,then unless otherwise expressly agreed in writing by Buyer and Sellers to the contrary: (A) this Agreement shall concurrently terminate; (B) the Deposit under this Agreement shall be disbursed(x)to Buyer, if a Related Buyer is entitled to the corresponding deposit under such Related Agreement, or (y) to Sellers, if a Seller Affiliate is entitled to the corresponding deposit under such Related Agreement; and (C) neither of the parties hereto shall have any further rights or obligations hereunder except for any obligation or liability that is expressly stated in this Agreement to survive termination of this Agreement. [Remainder of this page intentionally left blank;signatures follow] 38 The Parties have executed this Agreement on the respective dates indicated below. SELLER: COSTA TARRAGONA II,LTD. A Texas limited partnership By: CCHFC Costa Tarragona II, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: (Seller's Signature Page to Purchase and Sale Agreement) [signatures continue on the following pages] The Parties have executed this Agreement on the respective dates indicated below. BUYER: HKSK CORP., A New York corporation By: Name: Title: (Buyer's Signature Page to Purchase and Sale Agreement) [signatures continue on the following page] JOINDER BY ESCROW AGENT Stewart Title Guaranty Company,referred to in this Agreement as"Escrow Agent,"hereby acknowledges that it received this Agreement executed by Seller and Buyer as of 2025, and accepts the obligations of Escrow Agent as set forth herein. ESCROW AGENT: STEWART TITLE GUARANTY COMPANY By: Name: Title: (Escrow Agent's Signature Page to Purchase and Sale Agreement) LIST OF SCHEDULES AND EXHIBITS Exhibit"A" —Legal Description of the Property Exhibit"B" —Rent Roll Exhibit"C" — Tangible Personal Property Exhibit"D" —Form of Ground Lease Assignment Exhibit"E" —Form of Title Affidavit Exhibit"F" —Form of Bill of Sale, Assignment and Assumption Exhibit"G" —Form of Tenant Notice Letter Exhibit"H" —Deliveries Exhibit"I" — Service Contracts Exhibit"Y —Form of Condo Prohibition Agreement Schedule "7(a)" —Exceptions to Seller's Representations and Warranties Schedule "17(b)" —Related Agreements EXHIBIT "A" LEGAL DESCRIPTION All of Lot Three A(3A),Block One(1),WEST PARK ADDITION LOTS 3A&3B,the amending plat of a subdivision of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 67, Page 494,Map Records of Nueces County, Texas. Exhibit"A"—Page 1 of 1 EXHIBIT `B" RENT ROLL See attached. [to be attached] Exhibit`B"—Page 1 of 1 EXHIBIT "C" TANGIBLE PERSONAL PROPERTY LISTING See attached. [to be attached] Exhibit"C—Page 1 of 1 EXHIBIT "D" FORM OF GROUND LEASE ASSIGNMENT [INSERT FORM OF GROUND LEASE ASSIGNMENT BASED ON JURISDICTION WHERE PROPERTY IS LOCATED] Exhibit"D"—Page 1 of 1 EXHIBIT "E" TITLE AFFIDAVIT STATE OF TEXAS ) )SS. COUNTY OF NUECES ) The undersigned, COSTA TARRAGONA II, LTD., a Texas limited partnership, acting by its general partner, CCHFC Costa Tarragona II, LLC, a Texas limited liability company (referred to herein as "Owner"), being duly sworn according to law, deposes and states that: I. Reference is hereby made to the leasehold interest in the real property located in City of Corpus Christi, County of Nueces, State of Texas, commonly known as 2240 N. Padre Island Drive, Corpus Christi, Texas, and more particularly described in Exhibit A to [ ] (the "Title Company") Commitment No. (the "Property"). This Affidavit is being executed by , the , of the Corpus Christi Housing Finance Corporation, the sole member of the general partner of Owner. 2. Owner is authorized to execute this affidavit and has the ability to execute all instruments necessary to convey the Property pursuant to authority under the applicable organizational and governance documents of Owner. 3. Owner is in good standing in its state of formation. 4. To Owner's actual knowledge, without investigation or inquiry, there are no unrecorded documents affecting title to the Property entered into by Owner and no other person or entity that has a legal or equitable right to the Property, in each case other than (a) any matters contained in the real property records of the county in which the Property is located,(b)any matters set forth in the leases or other occupancy agreements with the parties identified on the Rent Roll for the Property dated , which has been disclosed to the Title Company, and (c) [none if blank]. 5. To Owner's actual knowledge, without investigation or inquiry, Owner has received no actual, written notice of any taxes and/or special assessments affecting the Property other than those shown on the title commitment and as disclosed in the tax assessor's records. 6. To Owner's actual knowledge,without investigation or inquiry,there are no unpaid bills or claims for labor or services performed or materials furnished or delivered during the last three (3) months for alterations, repair, work, or new construction on the Property by Owner that have not been paid in full other than [none if blank]. 7. To Owner's actual knowledge, without investigation or inquiry, no proceeding in bankruptcy has been instituted within the past three (3)years by or against Owner, nor has Owner made any assignment for the benefit of creditors within the past three (3)years. 8. To Owner's actual knowledge, without investigation or inquiry, there is no action or proceeding asserted against Owner relating to the Property in any state or federal court in the United States,nor are there any state or federal judgments or any federal liens of any kind or nature whatsoever which now constitutes a lien or charge upon the Property. Exhibit'F"—Page 1 of 3 9. This affidavit is given to induce the Title Company to issue that certain title policy in favor of ,pursuant to its Commitment No. , with full knowledge that it will be relying upon the accuracy of same. [Remainder of this page intentionally left blank; signatures and acknowledgments follow] Exhibit"F"—Page 2 of 3 OWNER: COSTA TARRAGONA II,LTD. A Texas limited partnership By: CCHFC Costa Tarragona II, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: Date: , 2025 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of )2025, by ,the of the Corpus Christi Housing Finance Corporation, acting as the sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company, acting as the general partner of COSTA TARRAGONA II, LTD., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas (Signature Page to Title Affidavit) Exhibit"F"—Page 3 of 3 EXHIBIT "F" BILL OF SALE,ASSIGNMENT AND ASSUMPTION (Costa Tarragona HApartments, Corpus Christi, Texas) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, COSTA TARRAGONA II, LTD., a Texas limited partnership ("Seller"), hereby sells, transfers, assigns and conveys to [ , a ] ("Buyer"), with respect to Seller's leasehold interest in the Property (as hereinafter defined) pursuant to the"Ground Lease" (as hereinafter defined), the following as of 2025 (the "Effective Date"): 1. Tangible Personal Property. All right, title and interest of Seller in and to the "Tangible Personal Property" (as hereinafter defined). 2. Leases. All right, title and interest of Seller in and to the "Leases" (as hereinafter defined). 3. Assumed Service Contracts. All right, title and interest of Seller in and to the "Assumed Service Contracts" (as hereinafter defined)with respect to the Property. 4. Intangible Personal Property. All right, title and interest of Seller, to the extent assignable, in and to any other"Intangible Personal Property" (as hereinafter defined). This Bill of Sale, Assignment and Assumption is given pursuant to that certain Purchase Agreement dated as of , 2025 (as the same may have been amended, modified and/or assigned, the "Purchase Agreement"), by and between Seller and HKSK Corp., as Buyer (as predecessor-in-interest to Buyer), providing for the sale of Seller's interest in the Ground Lease. The covenants, agreements, and limitations (including,but not limited to, the limitations provided in Sections 7 and 14 of the Purchase Agreement)provided in the Purchase Agreement with respect to the property conveyed hereunder are hereby incorporated herein by this reference as if herein set out in full. Buyer hereby accepts the foregoing assignment and agrees to assume and discharge, in accordance with the terms thereof, (1) all of the obligations of Seller under the Leases and Assumed Service Contracts,to the extent the same arise on or after the Effective Date, and(2) the obligation to pay all unpaid payments that are credited to Buyer under the proration provisions of the Purchase Agreement(including all prepaid rentals and tenants' cash security deposits relating to any period prior to the Closing Date that are credited to Buyer). This Bill of Sale, Assignment and Assumption shall inure to the benefit of and shall be binding upon Seller and Buyer, and their respective successors and assigns. The Assumed Service Contracts, Intangible Personal Property and Leases are each being conveyed "as is" without warranty or representation of any kind, except as expressly set forth in the Purchase Agreement and subject to the limitations set forth in the Purchase Agreement, including (without limitation) the Floor, Cap and Warranty Expiration Date. As used herein, the "Assumed Service Contracts", "Closing Date", "Ground Lease", "Intangible Personal Property", "Leases", "Property", and "Tangible Personal Property" shall have the respective meanings set forth for the same in the Purchase Agreement. Exhibit"G"—Page 1 of 4 This Bill of Sale, Assignment and Assumption may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. [Remainder of this page intentionally left blank;signatures and acknowledgments follow] Exhibit"G"—Page 2 of 4 The parties hereto have executed this Bill of Sale, Assignment and Assumption as of the Effective Date. SELLER: COSTA TARRAGONA II,LTD. A Texas limited partnership By: CCHFC Costa Tarragona II, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of ,2025, by ,the of the Corpus Christi Housing Finance Corporation, acting as the sole member of CCHFC Costa Tarragona II,LLC, a Texas limited liability company, acting as the general partner of COSTA TARRAGONA II, LTD., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas (Seller's Signature Page to Bill of Sale,Assignment and Assumption) Exhibit"G"—Page 3 of 4 The parties hereto have executed this Bill of Sale, Assignment and Assumption as of the Effective Date. BUYER: a/n By: Print: Title: Date: , 202 STATE OF § COUNTY OF § Before me, a Notary Public in and for said County and State, personally appeared [ 1, the [ 1 of [ 1, a/n [ 11 on behalf of such entity, and that the same is his/her free act and deed and the free act and deed of said entity. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this day of 202 Notary Public My commission expires: (Buyer's Signature Page to Bill of Sale,Assignment and Assumption) Exhibit"G"—Page 4 of 4 EXHIBIT "G" TENANT NOTIFICATION LETTER 202 Tenants of[ ] Please be advised that: 1. , a/n ("Buyer"), has purchased the captioned property (the "Property")from [ ], a/n [ ] ("Seller"). 2. In connection with such purchase, Seller has transferred your Lease, including the security deposit as specified in your lease (less any portion thereof previously applied by Seller pursuant to your lease) (the "Security Deposit") to Buyer. Buyer specifically acknowledges the receipt of and sole responsibility for the return of the Security Deposit. 3. All rental and other payments that become due subsequent to the date hereof should be payable to Buyer and should be delivered to the on-site manager of the Property unless you are otherwise notified by Buyer in writing. [Remainder of this page intentionally left blank; signatures to follow] Exhibit"G"—Page 1 of 3 SELLER: COSTA TARRAGONA II,LTD. A Texas limited partnership By: CCHFC Costa Tarragona II, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: (Seller's Signature Page to Tenant Notice Letter) Exhibit"G"—Page 2 of 3 BUYER: a/n By: Name: Title: Date: , 202 (Buyer's Signature Page to Tenant Notice Letter) Exhibit"G"—Page 3 of 3 EXHIBIT "H" DELIVERIES See attached. [NRP TO PROVIDE] Exhibit"H"—Page 1 of 1 EXHIBIT "I" SERVICE CONTRACTS See attached. [NRP TO PROVIDE] Exhibit"H"—Page 1 of 1 EXHIBIT "J" FORM OF CONDO PROHIBITION AGREEMENT AGREEMENT PROHIBITING CONDOMINIUM CONVERSION THIS AGREEMENT PROHIBITING CONDOMINIUM CONVERSION ("Agreement') is made and entered into as of 52025 (the"Effective Date"),by and between COSTA TARRAGONA 11, LTD., a Texas limited partnership ("Seller"), and , a/n (collectively, together with its successors and assigns, "Purchaser"). WITNESSETH : WHEREAS, Seller and Purchaser have entered into that certain Purchase and Sale Agreement dated as of , 2025 (as the same may have been amended, modified and/or assigned,the"PSA")relating to the sale by Seller to Purchaser of that parcel of real property located in Nueces County, Texas, and more particularly described on Exhibit"A" attached hereto (the "Lance'), together with certain apartment buildings and related personal property and other rights located thereon and relating thereto (the "Improvements" and the Land and the Improvements collectively referred to herein as the "Property"). WHEREAS, as a condition to Seller conveying the Property to Purchaser and in consideration of Seller accepting the purchase price and conveying the Property as set forth in the PSA to Purchaser, Purchaser has agreed with Seller to execute and record this Agreement providing for certain restrictions relating to the future use of the Property for a period of time after the date of this Agreement as more fully set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration,the receipt and sufficiency of which hereby are acknowledged, Seller and Purchaser hereby agree as follows: Section 1. Definitions and Interpretation. The following terms shall have the following meanings: "Condominium Conversion" shall mean the filing or recording of any document providing for the conversion of the Property to a form of condominium ownership under any state or local statute or ordinance. "County" shall mean the county in which the Land is located. "Event of Defaulf' shall have the meaning set forth in Section 8(a)below. "Mortgage" shall mean any bona-fide unpaid and outstanding mortgage or deed of trust on the Property or other instrument creating a valid security interest against the Property. "Mortgagee" shall mean the holder of any Mortgage. Exhibit"A"—Page 1 of 10 "Purchaser" shall have the meaning set forth in the Preamble hereof, provided, however, that if more than one person and/or entity executes this Agreement as Purchaser, then each such person and/or entity that comprises Purchaser under this Agreement shall be jointly and severally liable for all of the obligations, covenants, liabilities and indemnifications of the Purchaser under this Agreement. "Term" shall have the meaning set forth in Section 3 below. "Transferee" shall have the meaning set forth in Section 4 below. "Units" shall mean any portion of the Property created in connection with any Condominium Conversion. Section 2. Prohibition Against Condominium Conversion. The Purchaser hereby acknowledges, covenants and agrees that during the Term of this Agreement: (a) The Property shall not be subject to any Condominium Conversion and neither shall any portion of the Property be converted to Units for sale in connection with a Condominium Conversion nor shall the title to any such Units be transferred to any party. For the avoidance of doubt, in no event shall Purchaser undertake or permit to be undertaken any Condominium Conversion, and any attempted Condominium Conversion shall be void ab initio. (b) No part of the Property will at any time be owned or used as a cooperative housing corporation or stock corporation. Section 3. Term. This Agreement and all and several of the terms hereof shall become effective upon the Effective Date and shall remain in full force and effect until [insert date that is 20 years after the Effective Date] (the"Term"), whereupon this Agreement shall terminate and be of no further force and effect and the Property will be free of the restrictions contained in this Agreement without the need for any additional action. Section 4. Covenants to Run With the Land. The Purchaser and Seller hereby subject the Property to the covenants, reservations and restrictions set forth in this Agreement. The Purchaser and the Seller hereby declare their express intent that the covenants, obligations, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Purchaser's successors in title to the Property. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, obligations, reservations and restrictions, regardless of whether such covenants, obligations, reservations and restrictions are set forth in such contract, deed or other instrument. The acceptance by any person, entity or other owner ("Transferee") of any deed to the Property or any portion thereof or interest therein from Purchaser or any prior Transferee to shall be deemed the accepting Transferee's assumption, on a joint and several basis with all other Transferees, of the Purchaser's covenants, obligations, reservations and restrictions under this Agreement, including (without limitation) such accepting Transferee's agreement to be subject to Seller's remedies set forth in Sections 8(a), 8(b) and 8(c)below. Exhibit"A"—Page 2 of 10 Section 5. Burden and Benefit. The Purchaser and Seller hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the Land in that the Purchaser's legal interest in the Property is rendered less valuable thereby. The Purchaser and Seller hereby further declare their understanding and intent that the benefit of such covenants touch and concern the Land by enhancing and increasing the enjoyment and use of the Property by persons entitled to rent the apartments contained therein. Section 6. Uniformity: Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Property in order to establish and carry out a common plan for the use of the Property. Section 7. Consideration. In consideration of the Seller's acceptance of the purchase price for the Property from Purchaser, Purchaser has entered into this Agreement and has agreed to restrict the uses to which the Property can be put on the terms and conditions set forth herein. Section 8. Remedies; Enforcement. (a) If the Purchaser fails to fully perform or observe any covenant, agreement or obligation of the Purchaser and/or its successors or assigns set forth in this Agreement (such failure, an "Event of Default"), then Seller shall have all rights and remedies available under this Agreement, at law or in equity, including (without limitation) injunctive relief and specific performance. By its execution of this Agreement, Purchaser on behalf of itself and its successors and assigns waives any requirement for the securing or posting of any bond in connection with any such remedy. All rights and remedies as set forth herein shall be cumulative and non-exclusive to the extent permitted by law. (b) Upon the Seller learning of an Event of Default, without limiting the rights or remedies of the Seller under Section 8(a) above, the Seller (or any party acting by, through or on behalf of Seller) may provide Purchaser written notice and thirty (30) days opportunity to cure such Event of Default and, if Purchaser has not cured such Event of Default upon the expiration of such thirty (30) day period, Seller may, at Seller's option, take any one or more of the following steps: (i) by mandamus or other suit, action or proceeding at law or in equity, to require the Purchaser to perform the Purchaser's obligations and covenants hereunder or enjoin any acts or things which may be unlawful or in violation of the rights of the Seller hereunder; or(ii)take such other action at law or in equity as may, in Seller's sole discretion, appear necessary or desirable to enforce the obligations, covenants and agreements of the Purchaser hereunder. (c) Without limiting the rights or remedies of the Seller under Section 8(a) above, Purchaser shall indemnify, defend and hold harmless the Seller, and each of its members,partners, officers, directors, trustees, affiliates, parents, subsidiaries, shareholders, managers, beneficiaries, employees and agents (collectively,the"Indemnified Parties")from any and all demands, claims, including claims for personal injury, property damage or death, legal or administrative proceedings, losses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever, whether in tort, contract or otherwise (including without limitation, court costs and reasonable attorneys' fees and disbursements) arising out of or incurred by any one or more Indemnified Parties due to such Event of Default. Exhibit"A"—Page 3 of 10 Section 9. Recording and Filing. This Agreement and all amendments and supplements hereto and thereto, will be recorded and filed in the real property records of the County. Seller shall pay the fees and costs of recording. Section 10. Attorneys' Fees. If a party to this Agreement brings an action against any other party to this Agreement by reason of the breach of any condition or covenant,representation or warranty in this Agreement,or otherwise arising out of this Agreement,then the prevailing party in such action shall be entitled to recover from the other reasonable attorneys' fees to be fixed by the court which shall render a judgment, as well as the costs of suit. Section 11. Governing Law. This Agreement shall be governed by the laws of the State in which the Land is located. Section 12. Amendments. This Agreement shall be amended only with the express written consent of the Seller by a written instrument executed by Seller and Purchaser and duly recorded in the real property records of the County. Section 13. Notice. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail,postage prepaid,return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto: If to Seller: COSTA TARRAGONA 11, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Zac Melter Email: zmelter@nrpgroup.com Copy to: COSTA TARRAGONA II, LTD. c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Attn: Noam Magence, Esq., General Counsel Email: nmagence@nrpgroup.com And copy to: Benesch, Friedlander, Coplan& Aronoff LLP 127 Public Square, Suite 4900 Cleveland, Ohio 44114 Attn: Jeffrey J. Wild, Esq. and Barry J. Guttman, Esq. Email:jwild@beneschlaw.com; bguttman@beneschlaw.com Exhibit"A"—Page 4 of 10 And copy to: COSTA TARRAGONA II, LTD. c/o Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi, Texas 78401 Attn: Jennifer Buxton Email:jenniferb6@cctexas.com And copy to: Wood, Boykin & Wolter 555 N. Carancahua St, Ste 1510 Corpus Christi, Texas 78401 Attn: John D. Bell Email:jdbell@wbwpc.com If to Buyer: HKSK CORP. 420 Central Avenue Cedarhurst,NY 11516 Attention: Raymond Katz, President Email: Copy to: Attention: Email: Notice shall be deemed given three business days after the date of mailing, by certified mail, postage prepaid, return receipt requested, or, if personally delivered, when received. Section 14. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, then the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Section 15. Multiple Counterparts. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. Copies of this Agreement bearing the signatures of Purchaser and Seller shall be as binding as originals. Section 16. Mortgagee Provisions. A "Foreclosure Purchaser" as used herein is collectively (i) a Mortgagee, (ii) an affiliate of a Mortgagee, (iii) a purchaser at a foreclosure sale, or(iv) any transferee of a Mortgagee or affiliate of a Mortgagee acquiring title to the Property via a sale, transfer or other disposition of the Property, including but not limited to a conveyance pursuant to a deed-in-lieu of foreclosure or the sale of the Property at a foreclosure. Nothing in this Agreement shall be deemed to negate or make unenforceable any other covenant of this Agreement against a Foreclosure Purchaser, including but not limited to the restrictions contained in Section 2, and said Foreclosure Purchaser by taking title to the Property agrees that it has assumed and shall be bound by said restrictions in Section 2, and the other applicable terms hereof, in connection with any subsequent sale or transfer of the Property. Exhibit"A"—Page 5 of 10 Section 17. Joint and Several Liability of Purchaser. If more than one person and/or entity executes this Agreement as Purchaser,then each such person and/or entity which comprises Purchaser under this Agreement shall be jointly and severally liable for all of the obligations, covenants,liabilities and indemnifications of the Purchaser under this Agreement. [remainder of this page intentionally left blank; signature pages follow] Exhibit"A"—Page 6 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. SELLER: COSTA TARRAGONA II,LTD. A Texas limited partnership By: CCHFC Costa Tarragona II, LLC A Texas limited liability company Its General Partner By: Corpus Christi Housing Finance Corporation A Texas housing finance corporation Its Sole Member By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 52025, by ,the of the Corpus Christi Housing Finance Corporation, acting as the sole member of CCHFC Costa Tarragona II,LLC, a Texas limited liability company, acting as the general partner of COSTA TARRAGONA II, LTD., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas Exhibit"A"—Page 7 of 10 (Seller's Signature Page to Agreement Prohibiting Condominium Conversion) Exhibit"A"—Page 8 of 10 PURCHASER: a/n By: Print: Title: Date: , 202 STATE OF § COUNTY OF § Before me, a Notary Public in and for said County and State, personally appeared [ ], the [ ] of [ ], a/n [ ], on behalf of such entity, and that the same is his/her free act and deed and the free act and deed of said entity. This is an acknowledgment certificate; no oath or affirmation was administered to the signer with regard to this notarial act. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this day of 202 Notary Public My commission expires: (Purchaser's Signature Page to Agreement Prohibiting Condominium Conversion) Exhibit"A"—Page 9 of 10 EXHIBIT A Legal Description of the Property All of Lot Three A(3A),Block One(1),WEST PARK ADDITION LOTS 3A&3B,the amending plat of a subdivision of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof recorded in Volume 67, Page 494, Map Records of Nueces County, Texas. Exhibit"A"—Page 10 of 10 SCHEDULE "7(A)" EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES [To be inserted] Schedule"7(a)"—Page 1 of 1 SCHEDULE "17(B)" RELATED AGREEMENTS [to be inserted for Phase II and the unimproved land.] so GO O� F U NOORPORA�E AGENDA MEMORANDUM 1852 City Council Meeting of July 29, 2025 DATE: July 29, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief Brandonw�cctexas.com (361) 826-3935 Presentation by the Fire Department on Fire Statistics STAFF PRESENTER(S): Name Title/Position Department 1. Brandon Wade Chief of Fire Fire BACKGROUND: Fire statistics briefing for the City Council Meeting on July 29, 2025 LIST OF SUPPORTING DOCUMENTS: PowerPoint— Fire Statistics Yw .P 4 � opus CHRj � ''^ ��,y�,. ,• Tyr a ��,,,.�` A _ (1 CORPUS CHRISTI GO STD FIRE RESCUE oil > �y +i f!m L-7 o+ia ■ I - Department Corpus Christi Fire De Council Presentation p p July 29, 2025 Operations Resources • 18 Fire Stations - 14 with medic units • 22 Frontline apparatuses • 15 Engines • 5 Aerials • Technical Rescue & Hazardous Materials Units • 14 Medic units with 1 peak demand unit • 6 Brush Units — 3 Type 5 and 3 Type 7 UTVs • 1 Shift Commander (Asst. Chief) & 4 Battalion Chiefs • 1 Field Medical Officer Fire Station Map CCFD Fire Station Locations i 0 00 Fire Stations No Ambulance ' - h_-:i Citylimits i t0 25 5 7.5 i70 125 15 mi 70/09/20241 K,.—m,r,hc,I osm-,—lord i5mo6 ■ Fire Department Responses Estimated Number of structure fire calls 320 266 296 339 Number of EMS calls 421467 45,595 471792 47,913 Number of Transports 25,218 271774 29,081 29,554 Total Calls 56,175 60,223 62,010 63,156 Total Unit Responses 104,972 109,773 109,724 113,641 ■ Fire Department Responses - FY25 YTD a-District 1 District 3 District 4 District 5 Number of structure fire calls 64 70 65 49 33 Number of EMS calls 10,712 9,026 8,783 4,571 41170 Number of Transports 6,916 5,565 5,839 2,679 2,856 Total Calls 141417 111777 11,691 6,841 5,618 Performance Measures Estimated Fires confined to room of origin 45% 43% 47% 45% Return of spontaneous circulation 37% 32% 21% 23% Responses < 8 minutes for fire calls 89% 90% 86% 87% Responses < 8 minutes for EMS calls 85% 84% 84% 87% Fire Prevention Number of inspections completed 5038 3916 4040 2299 Number of arson cases 30 14 84 40 Number of arrests made 8 3 9 17 Fire fatalities 1 3 6 2 Injuries 3 4 14 13 Fire Prevention • Special Events where Fire Prevention checks egress, fire lanes, food trucks, and life safety concerns. — Art walk events (1st Friday of the month) — Buc Days - Parade (last two years) — Buc Days - Carnival (emergency access) — Buc Days - Crawfish & BBQ Cookoff Event — Juneteenth Festival — Big Bang 4' of July • Smoke Detector Drive and Installation Program Emergency Management • EOC Activations, 5 • Hurricane Preparedness Presentations, 17 • General Meetings, 57 • School Safety & Security Meetings, 11 • Committee Meetings, 33 • Committee / Working Groups, 19 • Emergency Plan Reviews: City Departments/Business/Nursing Homes/Assisted Living/Group Homes, 18 Deployments • CCFD had 58 members deployed to 10 different events in FY25 — AHIMT Wildfire Support — EMTF State Coordination — Wildfires — EMTF State Wildfires — Multiple locations - Fort Stockton, Merkel, Alice, Kerrville, San Antonio, Brownwood, Pampa, Fredericksburg, Willow City, Panhandle, Marble Falls, College Station — Hurricane Milton — EMTF TACMED Austin —Election Day Ops — California Wildfires — Hill Country and Central Texas Floods Corpus Christi Fire Department QUESTIONS ? CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER TO: Peter Zanoni, City Manager FROM: Drew Molly,P.E., Chief Operating Officer LJ4.JaA -T/X/4�,r COPY: Mayor&City Council DATE: July 25,2025 SUBJECT: Water Supply Projects Update Corpus Christi Water (CCW) continues to evaluate the four major alternative water supply projects,which include the Nueces River Groundwater Wells Project,the Evangeline Groundwater Project,the South Texas Water Authority(STWA),and the EV Ranch Groundwater Project.These are in addition to the Inner Harbor Water Treatment Campus, which is currently progressing with design under the City Council (Council) approved design-build contract with Kiewit. Inner Harbor Water Treatment Campus (IHWTC) The construction project consists of three phases, with Phase 1 consisting of two parts (A and B). Phase lA of the project was completed on June 1, 2025, and included planning, initiation of the Basis of Design Report, and development of the pilot plant protocol. Phase 1B began in April 2025 and will include multiple "Steps" (contract amendments). To date, four steps have been executed,totaling $38.3M. The demonstration plant construction is approximately 20% complete. All equipment utilized for this effort will be rental equipment and returned to the vendor after the demonstration plant is decommissioned. Additionally,Phase 1 B Step 5 will be presented to Council on July 29, which will include design advancement to 60% and development of a guaranteed maximum price (GMP). Total Phase 1 spent to date (Through June 2025) includes: • Freese and Nichols (FNI) - $3,540,200 • Kiewit- $17,617,948 Attached to this memorandum is a budget and progress-status of each work activity by Kiewit and FNI, as well as an expenditure summary by month. To date, the City has not purchased any equipment for the Inner Harbor Project. The city has executed an amendment to allow Kiewit to secure a place in line for long lead medium voltage transformers and to receive design services from that vendor. No transformers have been purchased, which will come during the construction phase. Water Supply Projects Update Page 2 U.S. Department of Housing&Urban Development HUD Complaint—Administratively Closed On July 21, HUD closed the housing discrimination complaint filed against the City by the Hillcrest Residents Association and Citizens Alliance for Fairness and Progress (the complainants).The City's legal team was notified of this close-out on July 23 (see attached letters). Nueces River Groundwater Wells Project Phase 1 —Groundwater Well Implementation for Diversions to Nueces River Phase 1 consists of obtaining the necessary Texas Commission on Environmental Quality(TCEQ) Bed and Banks permit to discharge up to 15,680 acre-feet per year (approximately 14 MGD) of groundwater into the Nueces River. As of today, the current expenditure for this project is $14,503,362. A summary of the activities includes: • Well Field 1 (Eastern Well Field) o Completion of Well No. 1 o Completion of Well No. 2 o Completion of Well No. 3 o Completion of Well No. 4 o Delivery of the generator is expected next week for Well No. 5 ■ City staff anticipate the well to be operable by the end of July o Installation of the permanent pump is complete on Well No. 6 ■ City staff anticipate the well to be operable next week. o Completion of Well No. 7 expected the week of August 11. a Drilling is continuing on Well No. 8. ■ City staff anticipate the well to be operable by the end of August. On June 11, 2025, the TCEQ declared the permit to be administratively complete. The City then started to discharge groundwater into the Nueces River in accordance with the approved monitoring plan and in compliance with all State and Federal laws. As the project continues to develop, the City has coordinated closely with TCEQ and other water users downstream by supplementing approximately 5 million gallons per day (MG) of groundwater into the river. Phase 2A&2B—Proposed Future Brackish Reverse Osmosis (RO) Treatment Plant Phase 2A of the Nueces River Groundwater Project will utilize groundwater from the eight new wells (Eastern Well Field) as a source of water for a future brackish groundwater plant. The City has estimated that the eight groundwater wells will provide approximately 11 MGD of drinking water to its current supply. Preliminary and conceptual design work has commenced for the development of a future plant and is included in the Region N Water Plan. Phase 2B of the Nueces River Groundwater Project will utilize groundwater from the 251-acre Sutherland tract (Western Well Field) purchased by the City. City staff anticipate developing additional groundwater wells at this location. Water Supply Projects Update Page 3 Evangeline Groundwater Project City leadership team met with Evangeline on July 23 and presented a counteroffer based on a broker's price opinion by a third-party consultant team. The City sent the formal counteroffer on July 24 and will update the Council at the scheduled executive session on July 29. South Texas Water Authority (STWA) On July 22, the Council postponed a target date of August 24, 2025 to have a negotiated contract in place with STWA for 28 MGD. This postponement was based on STWA and their legal representation's assertions made multiple times during a July 17 meeting that a contract could not be achieved by August 24. City staff will continue to work with STWA to confirm costs,timeline of delivery, and terms of the contract. EV Ranch Groundwater Project There is no update to add regarding the EV Ranch Groundwater Project for this week. CC Polymers Seawater Desalination Treatment Plant On July 24,a City Council member introduced a newly proposed project concept during a meeting with several leaders from CC Polymer and City management. The potential terms of the project, which includes a potential real estate transaction,will be discussed in executive session at the July 29 City Council meeting. Reclaimed Water Infrastructure Project On April 8, the Council approved a professional services contract with Garver to provide the preliminary design services for this project. Garver received the executed contract on June 20 which includes evaluating alternative water reclamation and reuse applications that would add a new water supply for the City. The main tasks associated with this project include: • Develop a Reuse Alternatives Summary • Develop a 12-month source water characterization report at Greenwood and Oso WWTP. • Develop pilot study protocol documents, as required by TCEQ, which will serve as the basis for a future pilot plant design. Groundwater Supply Assessment City staff were directed by City Council on April 15 to hire a third-party consultant to help evaluate groundwater supply alternatives. Garver was selected to conduct the assessment to evaluate the Nueces River Groundwater Wells Project, Evangeline Groundwater Project, EV Ranch Groundwater Project, and STWA's Project. A summary of their assessment will be presented at the July 29 City Council meeting. Attachment: IHWTC Total Cost Breakdown Attachment: Signed RP Closure Letter—Hillcrest v Corpus IIIWTC Total Cost Breakdown r"^ose1R-K;ev:it S2A52.0118cc S1.E73.536.00 Si.535.r58.CC Si,754,383.03 $140?_=35.cc S3550o0.C3 S-9C.CCti..03 Phase 1 B,Step I- Kiev it 5468.000.00 $1,050,410.79 S5,635,486.61 Ptmse 1 C S!eC 2- {e,it Most-IB,Step 3- Kiewit SI.680,970.59 R.we 18 Step 4. K e-::,t rrwSe t-F--m Fi y,.Gn,..�^^'^ :53^v',^iv v'v ECvv v�+n1^tin. ^ :nti nn^n^ (nVnt ., L5^-2 =^ .. CY 3 SYb 031110: �il,r.YYY.�.J `3V3 c^,0,v ont`s+lw Cos! S2.313,108.C3 S2,i73.536.C3 S2 3:5 S2.554 3S.v.^, S2.2o9 425.X^ S3 586= .3E Sv.,25.4S6.6- Cumulative Cost $2.313.108.00 S4.486,644 $6,822,402.00 S9,376,785.00 $11.646,220-00 $15.032,661.38 $21,158,147.99 rgtM£NroFy6c U.S. Department of Housing and Urban Development * *S Fort Worth Regional Office,Region VI Office of Fair Housing& Equal Opportunity 9B7 OR 307 W. 7th Street Suite 1000 N DEYEV � Fort Worth, TX 76102 Phone 1-888-560-8913 Fax 202-485-9115 July 21,2025 Janet Whitehead City Attorney's Office 1201 Leopard St. Corpus Christi, TX 78401 Subject: Housing Discrimination Complaint Hillcrest Residents Association and CAFP vs. City of Corpus Christi, et al. Inquiry No. 707553 HUD Case No. 06-23-5804-8 (Title VIII) HUD Case No. 06-23-4011-6 (Title VI) HUD Case No. 06-23-4011-9 (Section 109) Dear Representative of the City of Corpus Christi: Attached is a copy of a closure document sent to your client,relating to the subject housing discrimination complaint. Sincerely, Christina Lewis,Director Fort Worth Regional Office of Fair Housing and Equal Opportunity Region VI Enclosures � ,jeAe"TOctia U.S. Department of Housing and Urban Development Fort Worth Regional Office,Region VI o*iiiii *� Office of Fair Housing& Equal Opportunity G9�9NDEVe 307 W. 7th Street, Suite 1000 Fort Worth, TX 76102 Phone 1-888-560-8913 Fax 202-485-9115 July 21,2025 City of Corpus Christi c/o Peter Zanoni, City Manager 1201 Leopard St Corpus Christi, TX 78401 Dear Respondent: Subject: Housing Discrimination Complaint Hillcrest Residents Association and CAFP vs. City of Corpus Christi, et al. Inquiry No. 707553 HUD Case No. 06-23-5804-8 (Title VIR) HUD Case No. 06-23-4011-6(Title VI) HUD Case No. 06-23-4011-9 (Section 109) Dear Respondent: On July17, 2025,the complainants submitted a Withdrawal Without Resolution of Complaint form to the U.S. Department of Housing and Urban Development("Department") withdrawing the above-referenced housing discrimination complaint filed with the Department. Therefore, by this letter,we are administratively closing the complaints filed under Title VIII, Title VI, and Section 109 in this matter. For further information,please contact Christina Lewis, Director, FHEO Region VI, at Christina.Lewis�hud.gov. Sincerely, �,-'`` I'll,.==_-• �.-_....�__. --^- `� Christina Lewis, Director Fort Worth Regional Office of Fair Housing and Equal Opportunity Region VI Enclosures Cc: Janet Whitehead City Attorney's Office 1201 Leopard St Corpus Christi,TX 78401