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Agenda Packet City Council - 01/27/2026
Cityof Corpus Christi 1pus Leopard Street F' Corpus Christi,TX 78401 corpuschristitx.gov Meeting Agenda Final-revised City Council Tuesday,January 27,2026 11:30 AM Council Chambers 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 Rick Barrera with Summit Church Texas. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Sophia Alonso Cantu, senior at Roy Miller High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 26-0111 Texas Commission on Environmental Quality (TCEQ) TOP recognition award to Corpus Christi Water. City of Corpus Christi Page 1 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a City-related matter or agenda item, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at https://www.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. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 2) 2. 26-0105 Corpus Christi Aquifer Storage and Recovery Conservation District Reinvestment Zone No. 7 (London) Board H. 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. I. CONSENT AGENDA: (ITEM 3 - 24) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 26-0079 Approval of the January 13, 2026 Regular Meeting Minutes Sponsors: City Secretary's Office Consent- Second Reading Ordinances 4. 25-2021 Ordinance authorizing an agreement for the Provision and Sale of Recycled Water from the Greenwood Wastewater Treatment Plant to Valero Refining - Texas, L.P. Sponsors: Corpus Christi Water 5. 25-1807 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $252,720.00 with MPM Development, LP to construct a water arterial transmission & grid City of Corpus Christi Page 2 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 main related to King's Landing Unit 12 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $252,720.00 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 6. 25-1809 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $62,040.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 13 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $62,040.00 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 7. 25-2008 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $380,460.00 with MPM Development, LP to construct a 12-inch water arterial transmission grid main line for a proposed Phase-11 residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $380,460.00 to reimburse the developer in accordance with the agreement. (District 5). Sponsors: Development Services 8. 25-1812 Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $227,100.00 with MPM Development to construct an off-site sanitary sewer improvement for a proposed Phase-11 residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3 and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to the $227,100.00 to reimburse the developer in accordance with the agreement. (District 5). Sponsors: Development Services 9. 25-2009 Ordinance authorizing an amended Affordable Housing Project Loan Agreement between the Corpus Christi B Corporation and Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments, in the amount of$1,000,000 for the development of 75 affordable senior rental housing units located at 5501 Huntwick Avenue; appropriating $1,000,000 from the Type B Affordable Housing Fund; and amending the FY 2026 Operating Budget. Sponsors: Planning and Economic Development Department 10. 25-1983 Ordinance approving an amendment to the Tax Increment Reinvestment Zone No. 2 ("TIRZ #2") Operating Budget by authorizing City of Corpus Christi Page 3 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 the transfer of$2,100,166.00, from CIP reserve to the TIRZ #2 Operating Fund for the Briscoe King Pavilion Project; increasing funds in the amount of$2,100,166.00, for needed improvements and renovation to the Briscoe King Pavilion Project; appropriating $2,100,166.00, from the unreserved fund balance of the Reinvestment Zone No. 2 Fund; and amending the FY 2026 operating budget adopted by Ordinance No. 033730 by increasing expenditures by $2,100,166.00, for payment to Nueces County for the Briscoe King Pavilion Project. Sponsors: Planning and Economic Development Department Consent- Contracts and Procurement 11. 25-1904 Motion authorizing execution of a one-year supply agreement, with one one-year option, with Brenntag Southwest, Inc., of Lancaster, Texas, in the amount of$1,887,360.00 with a potential up to $3,774,720.00 if the option is exercised, to purchase liquid chlorine delivered by rail car for the treatment of processed water at the O.N. Stevens Water Treatment Plant for Corpus Christi Water, with FY 2026 funding of$1,415,520.00 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 12. 25-1777 Motion authorizing execution of a 10-year service agreement with an option to purchase and a license agreement for Backup Generator Power and Energy Management Services at the O.N. Stevens Water Treatment Plant with Exergy Energy, LLC (Contractor No. 1), and EE ON Stevens, LLC (Contractor No. 2), both of Berkeley, California, in an amount not to exceed $27,700,000.00, of which no funding in FY 2026 is required, with monthly payments of$230,833.00 to Contractor No. 2 once the generators are operational, subject to sufficient future appropriations; providing an option to extend power management services with Contractor No. 1 for an additional 10-year term, with payment of$100.00 per month; authorizing participation in Ancillary Electric Grid Services managed by Contractor No. 1 with participation payments to the City in the amount of 85% of the net revenue during the initial 10-year term and 100% during the optional term. Sponsors: Corpus Christi Water and Finance &Procurement 13. 26-0112 Resolution authorizing a three-year Treated Water Supply contract with the Nueces County Water Control and Improvement District No. 3 (District) to supply District up to three million gallons per day (mgd) and provide interconnection reimbursement up to $1,736,000.00 and authorizing a Water Rights Lease agreement for five mgd of District's water rights to City. Sponsors: Corpus Christi Water 14. 25-1152 Resolution authorizing a three-year service agreement with TDW (US), Inc., of Tulsa, Oklahoma, in an amount not to exceed $328,015.10 for overhaul maintenance of TDW equipment for the Gas Operations City of Corpus Christi Page 4 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 Department, with FY 2026 funding of$91,115.30 from the Gas Fund. Sponsors: Gas Department and Finance &Procurement Consent- Capital Projects 15. 25-1966 Motion awarding a construction contract to Associated Construction Partners, Ltd, of Boerne, TX for the Citywide Lift Station Repair FY 2019-2020 project in an amount not to exceed $16,811,532.00 for the rehabilitation or replacement of eleven lift stations located citywide, with FY 2026 funding available from the Wastewater Capital Fund. Sponsors: Corpus Christi Water, Engineering Services and Finance & Procurement 16. 26-0076 Motion awarding a construction contract to Mako Contracting of Corpus Christi, Texas, for improvements to the stormwater drainage system at the Hilliard Convention Center garage and loading dock, located on the west side of the convention center, in an amount not to exceed $1,363,685.05, located in Council District 1, with FY 2026 funding available from Convention Center CIP Funds. Sponsors: Engineering Services, Economic Development and Finance & Procurement 17. 25-1965 Resolution awarding a construction contract to B.E. Beecroft Company, Inc. of Corpus Christi for the Coopers Boaters Facility and Parking Lot Resurfacing - L Head project in an amount up to $6,601,560.20 for construction of a new boater's facility, demolition of the existing one, and resurfacing the L-Head parking lot located in Council District 1, with FY 2026 funding available from the Type A Sales Tax fund. Sponsors: Parks and Recreation Department, Engineering Services and Finance & Procurement General Consent Items 18. 25-1972 Resolution authorizing submission of a grant application for $107,728.00 to the Texas Department of Transportation with a cash match of $30,105.23 under the FY 2027 Selective Traffic Enforcement Program for overtime and fringe benefits for DWI and speed enforcement for the Corpus Christi Police Department. Sponsors: Police Department 19. 25-1981 Resolution authorizing submission of a grant application to the Texas Parks & Wildlife Department under its Recreational Trails Grant Program in the amount of$300,000.00, with a required cash match of 20% of the total project costs, not to exceed $75,000.00, for trail connectivity improvements to the Bill Witt Park. Sponsors: Parks and Recreation Department 20. 25-1995 Resolution authorizing the submission of a grant application to the Texas Parks & Wildlife Department under its Boating Access Grant Program in the amount of$250,000.00 with a required City match of City of Corpus Christi Page 5 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 25% of total project costs, not to exceed $83,333.00, for Packery Channel Boat Ramp renovations and a new, permanent restroom facility. Sponsors: Parks and Recreation Department 21. 26-0085 Motion authorizing subrecipient grant awards for$52,308.00 each to The Salvation Army; Dismas Charities, Inc Recovery Resource Center; Mother Teresa Shelter; and 911 Park Place dba Mission 911 from the City of Corpus Christi's State funded Homeless Housing and Services Program (HHSP) general set-aside allocation to provide services to individuals who are homeless, or at risk of being homeless for Fiscal Year 2025-2026; and authorizing subrecipient grants for$18,457.00 each to 911 Park Place dba Mission 911; Council on Alcohol and Drug Abuse - Coastal Bend; and Coastal Bend Center for Independent Living from the City of Corpus Christi's State funded HHSP youth set-aside allocation to provide services to youth who are homeless for Fiscal Year 2025-2026. Sponsors: Planning and Economic Development Department Consent-First Reading Ordinances 22. 26-0113 Ordinance authorizing the City Manager, or designee, to execute a 5-year Reclaimed Water Supply Agreement and associated License for Use of Premises with Flint Hills Resources Corpus Christi, LLC, for the sale and delivery of up to 2 million gallons per day of reclaimed water from the Allison Wastewater Treatment Plant, and providing for related fees, responsibilities, and terms, with option to renew for additional 5-year term. Sponsors: Corpus Christi Water 23. 25-2022 One-Reading ordinance authorizing acceptance of three grants from the Office of the Governor, Homeland Security Division, under the FY 2025 State and Local Cybersecurity Grant Program, in the amount of $406,345.24 to purchase training and equipment for the Information Technology Department; and appropriating $406,345.24 in the IT Grants Fund with a cash match of$81,269.05 from FY 26 Operating Budget. Sponsors: Information Technology Services and Finance &Procurement 24. 26-0138 One Reading ordinance amending a portion of TIRZ #2 Capital Improvement Projects (CIP) to fully fund the North Padre Island Seawall CIP Project, including the transfer of$2,100,000.00 from the Sand Dollar CIP Project, $300,000.00 from the Crowsnest CIP Project, $2,700,000.00 from the Packery Channel Capital Repairs CIP Project, $300,000.00 from the Packery Channel TDEM CIP Project, $900,000.00 from the Whitecap Effluent Waterline CIP Project, and $4,800,000.00 from the CIP reserves for a total amount of$11,100,000.00 reallocated City of Corpus Christi Page 6 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 to the North Padre Island Seawall CIP Project; and amending the FY 2026 Capital Budget. Sponsors: Economic Development and Finance &Procurement J. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K. PUBLIC HEARINGS: (ITEMS 25 - 26) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 25. 25-2012 Zoning Case No. ZN8987, Clint and Catherine Tucker (District 4). Ordinance rezoning a property at or near 1730 and 1738 Ramfield Road from the "FR/APZ-1" Farm Rural District within the Accident Potential Zone-1 (APZ-1) to the "RS-1 5/APZ-1" Single-Family 15 District within the Accident Potential Zone-1 (APZ-1); providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors: Development Services 26. 25-2026 Ordinance annexing a 109.109-acre tract of land located along the south side of FM 2444 (Staples St.), east of CR 43 (Chuck Cazales Blvd.), and west of CR 41 (Gilead Rd.) upon petition by the landowner ZBK, LLC, for the development of a single-family subdivision; approving the related service plan; adding the annexed area to City Council District 5; and rezoning 53.211 acres of the annexed area from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District and establishing the "FR" Farm Rural District on the remaining acreage; providing for a penalty not to exceed $2,000 and publication. Sponsors: Planning and Economic Development Department L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 30) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 27. 26-0061 Consideration and discussion of whether Ordinance No. 033350 (File No. 24-0256), relating to the Type B economic development agreement with Elevate QOF, LLC, was adopted in compliance with the City Charter, City Code, and Council procedural requirements, including but not limited to: 1. Whether the ordinance received two valid readings on separate dates as required, given passage on first reading on February 20, 2024, withdrawal from the February 27, 2024, agenda, and adoption on April 23, 2024; 2. Whether substantive changes to the ordinance caption, stated purpose, and funding justification between the first and second readings City of Corpus Christi Page 7 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 constituted amendments requiring a formal Council vote prior to final adoption; and 3. Whether the absence of a voted amendment affects the validity of the April 23, 2024, adoption. Receive a written legal and procedural analysis from Scott, Ray, Pemberton, & Goll, PLLC Attorneys at Law, followed by Council discussion and direction, including whether reconsideration, ratification, amendment, or other corrective action is required to ensure procedural compliance, as requested by Council Members Carolyn Vaughn, Sylvia Campos, and Gil Hernandez. 28. 26-0057 Discuss and consider possible action to eliminate Drought Exemption Fee, as requested by Council Members Sylvia Campos, Carolyn Vaughn, and Eric Cantu. 29. 26-0139 Motion to Discuss and act on approving and adopting the Padre/Mustang Island Mobility Plan as an element of Corpus Christi's Comprehensive Plan - Plan CC, as requested by Council Members Kaylynn Paxson, Eric Cantu, and Gil Hernandez. 30. 26-0141 Motion to Discuss and act on passing a council resolution in support of the MPO project CSJ 0617-02-073 corridor upgrade for pedestrian and access management improvements without adding capacity, as requested by Council Members Kaylynn Paxson, Eric Cantu, and Gil Hernandez. M. BRIEFINGS: (ITEMS 31 - 32) 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. 31. 26-0137 Presentation by Corpus Christi Police Department on findings of Homewood Suites Investigation. Sponsors: Police Department 32. 26-0106 Animal Care Services Operational Briefing. Sponsors: Animal Care Services N. EXECUTIVE SESSION: (ITEMS 33 -36) 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 City of Corpus Christi Page 8 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 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. 33. 25-1977 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 rules and regulations of state of Texas, EPA, TCEQ, TWDB, Texas Railroad Commission, San Patricio County Groundwater Conservation District, and legal rights, property rights, and/or contracts related to purchase and/or sale of groundwater, including water rights in property accessing the Evangeline Aquifer in San Patricio County adjacent and/or near US Highway 181, US Highway 77, US Highway 77 Business, Highway 89, and/or the Aransas River, 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 limited to, potential consideration of authorization to enter agreement(s) for professionals for services related to these property rights, interlocal agreements and other agreements with government entities near the aforementioned property(ies) and/or the purchase of the property or property(ies) at and/or adjacent to locations (if any) described herein, including potential authorization of Option Agreement(s) with Purchase Obligations with the owners of Li Ranch for the purchase of groundwater rights on similar terms as previously-authorized purchase(s) of groundwater rights in San Patricio County, in a total amount not to exceed $315,400 annually for said options, with option amounts credited against the purchase price. 34. 26-0117 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 rules and regulations of the State of Texas and federal government, U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Water Development Board, the Corpus Christi Aquifer Storage and Recovery Conservation District, other regulatory entities, and legal rights, property rights, and contracts related to potential purchase and value of property rights to land at/near the Nueces River and/or Cayamon Creek, and Texas Government Code § 551.072 to discuss and deliberate the purchase and/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 property rights at or adjacent to locations (if any) described herein and City of Corpus Christi Page 9 Printed on 1/26/2026 City Council Meeting Agenda-Final-revised January 27, 2026 related agreements for professional and other services related to the aforesaid purchase. 35. 26-0108 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 Type B Corporation Business Incentive Agreement(s) and related documents with Next Sports Company, LLC for Development of a Recreational Sports Complex, allegations against owners and contractors thereof, performance of work for said entities, City ordinances and state statutes related to allegations concerning the aforementioned entities, and enforcement thereof against other entities, including, but not limited to, alleged violations of Texas Penal Code 28.03 (criminal mischief including diversion of or installation of device on public water supply), unauthorized watering, and use of untested and unregistered backflow device. 36. 26-0116 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 agreements for retention of and/or other actions related to legal counsel, settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and other motions and actions related to the aforementioned case, including potential ratification, repeal, rescission and/or other action regarding City Ordinance 033350 aka Legistar File # 24-0256 originally approved on April 23, 2024. O. ADJOURNMENT City of Corpus Christi Page 10 Printed on 1/26/2026 CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Three(3)vacancies with terms ending 12-31-2029.Per Resolution 033786,approved 10-21-2025,City Council will appoint two non-city staff member to the board of directors of the Corpus Christi Aquifer Storage and Recovery Conservation District upon expiration of the terms of the next two directors. Duties The Corpus Christi Aquifer Storage and Recovery Conservation District develops and protects municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. Composition Five(5)directors appointed by the City Council to serve four-year staggered terms.If a vacancy occurs on the board,the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed bythe City Council.The initial directors shall draw lots to determine which three(3)directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act,and which two directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the Act. Creation/Authority H.B.3513 effective 6/18/05.Chapter 8811,Texas Special District Local Law Code. Meets Member size Term Length/Limit Staff Liaison On call 5 4 years/N/A Maria Corona Name Term Appt.date End date Appointing Authority Position Status Nick Winkelmann 1 12/12/2023 12/31/2025 City Council Eligible for reappointment Jeffrey Edmonds 1 2/26/2019 12/31/2025 City Council Secretary Eligible for reappointment Ryan Skrobarczyk Partial 7/17/2025 12/31/2025 City Council Eligible for reappointment Dan McGinn 3 7/9/2015 12/31/2027 City Council President Active Bill Mahaffey Partial 10/15/2025 12/31/2027 City Council Active 1-27-2026 CORPUS CHRISTI AQUIFER STORAGE&RECOVERY CONSERVATION DISTRICT BOARD Applicant List Name District Status Patricia G.Anderson District 2 Applied Brad Bartilson District 5 Applied Jeffrey H. Edmonds District 5 Seeking reappointment Brandon W. Garis District Applied Jason R. Hale District 2 Applied David D. Harvey District 4 Applied Gabriel Hinojosa District 5 Applied Kyle Hooper District 1 Applied John D. McMullan District 5 Applied John Michael District 4 Applied Justin M.Tyson District 2 Applied John Weber Other/ Non-Resident jApplied CITY OF CORPUS CHRISTI Submit Date: Dec 13, 2025 Application for a City Board, Commission, Committee or Corporation Profile Ms. Patricia G _ Anderson Prefix First Name Middle Last Name Initial Email Address Street Address Corus Christi TX 78411 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 60+ AG CM Inc. Owner _ Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number P.O. Box 2682 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78403 Work Phone 361-816-6937 Ms. Patricia G Anderson Work E-mail address pga@agcm.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Capital Improvements Advisory Committee- unofficially ended Education, Professional and/or Community Activity (Present) Bachelors of Science in Engineering Previously a Registered Professional Engineer 28 years experience in Petroleum Engineering including Reservoirs/Aquifers Why are you interested in serving on a City board, commission or committee? To utilize my education and skills sets to help my community Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? e. Yes t- No Are you a current candidate in an election for a non-city public office? (-- Yes r No Ms. Patricia G Anderson Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA Demographics Gender rJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? f- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I'm a partial owner of AGICM Inc. and I know we have contracts with the City, but I'm retired and do participate in day-to-day operations. Ms. Patricia G Anderson Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Ms. Patricia G Anderson City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ms. Patricia G Anderson P. Gail Anderson AGICM Inc. 9.1 10 Years with Firm PROFESSIONAL EXPERIENCE Registration AGICM,Inc. Professional Engineer,Texas (2006 to 2016) Chief Executive Officer of AGICM,Inc. employing professional No. 58399 engineering knowledge and expertise plus visionary planning and resource management skills to advance the Company's growth in the future. Specifically Education her unique perspective and problem solving skills will facilitate AGICM in Bachelor of Science, Civil penetrating and establishing itself in new markets throughout Texas and the Engineering, Texas A&M southwestern states. Ms.Anderson has been an active member of the AGICM University, 1978 Board since the firm was established in 1999 and is familiar with all aspects of its operations. She will oversee and promote the firms daily operations and long Associations term goals. Coastal Bend Emmaus, Board of Directors El Paso Exploration & Production Company, (formerly Coastal O&G) First Christian Church, Corpus Christi,TX Permanent Endowment (1996 to 2006) Senior Engineer/Consultant for Jeffress and Monte Christo field Board,Elder,Ministry areas with 400 wells producing 250 MMCFD and 3500 BOPD having a daily Council production value of$1.5 million. Responsible for and supervised completion of Metro Ministries,Board of all new drill wells,workovers and management of all associated resources. The Directors discovery of new sand under her direction led to offset acreage acquisitions for CASA Guardian Ad Litem future production. Ms.Anderson also directed the implementation of innovative Child Evangelism Fellowship completion improvements for casing design,coil tubing heads,perforating and NCRP Precinct Chair fracture stimulation. Acock Engineering&Associates,Inc. Corpus Christi, TX (1992 to 1996) Professional Engineering Consultant for independent oil and gas companies,financial institutions, accounting and law firms. Perform highly successful in-house engineering and on-site work-over supervision thus establishing her reputation for technical and managerial excellence. Exxon Company,U.S.A. (1978-1992) Ms. Anderson was one of the early recruits for Exxon's "best and brightest"program when the Company began to actively recruit young women. The program provided training and exposure in all aspects of oil/gas including Civil Engineering,Drilling, Subsurface,Reservoir and Production Engineering. She mastered all the technical and managerial aspects of drilling oil/gas wells, re-completions/stimulations and reservoir management. Positions of responsible charge include Head of the Regional Quality Control Task Force and Manager of fifty four(54) annual contracts. Ms.Anderson later managed three separate fields culminating with the assignment to the regions largest field having a daily production of 31 million CFD and 300 BOPD. Her innovative well plugging procedures resulted in a savings of$1.6 billion for 300 wells. Her achievements resulted in the additional assignment as Wellbore Risk Management Supervisor In 1992,Ms.Anderson became an independent oil and gas consultant when Exxon closed their regional offices in Corpus Christi. CITY OF CORPUS CHRISTI Submit Date: Nov 21, 2025 Application for a City Board, Commission, Committee or Corporation Profile Brad Bartilson First Name Last Name Email Address 7- Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 9 Photon8, Inc. President & CEO entrepreneur Employer Job Title Occupation Work Address - Street Address and Suite Number 7205 Spanish Wood Dr. Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78414 Work Phone 956-525-2902 Brad Bartilson Work E-mail address bartilson@photon8.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: na Education, Professional and/or Community Activity (Present) MSME, BSME, PE (formerly licensed in MN & WI). Technology professional, highly experienced in computation modeling. Founder and Leader of Photon8, Inc., a biotech company (in Corpus Christi, TX). Active in church activities, serving the homeless and prison ministry (Kairos). If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) na Why are you interested in serving on a City board, commission or committee? concerned about water resourcing. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r•° No Brad Bartilson Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Brad Bartilson If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. na Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Brad Bartilson City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Brad Bartilson Brad https://www.Iinkedin.com/in/brad-bartiIson-7aO94a1 7205 Spanishwood Dr. Bartilson Corpus Christi, TX 78414 956-525-2902 --------------------------------------------------------------------- PERSONAL PROFILE Business Leader. Entrepreneurial business leader(large corporate to startup venture)with university experience. Demonstrated success building and expanding businesses spanning the biotech, supercomputing, semiconductor, energy, communications, and defense contracting sectors. Mentored and advanced in leadership roles in large corporations, proven leadership and team skills in volatile startup challenges. "Hired Gun" to bring technology out of the lab, into the market. EXPERTISE ❑ Leadership: Strategic to Tactical: Business & Marketing plans, Implementation, Corporate Finance, Partnerships, Investments ❑ Product and Project Management(w/finance responsibility) ❑ Securing Investment: Business Plans, Pitches, Mastery of Investor Relations ❑ University: Joint Development Agreements/Research Projects, Teaching ❑ Entrepreneurship: Lecturer/Coaching/Business Incubator: founding& leading, Community Involvement PROFESSIONAL EXPERIENCE Unmanned Research Laboratories, LLC 2020-Present President and CEO of startup venture developing UUV (Unmanned Underwater Vehicle) technologies (attachment, mapping, machine learning, artificial intelligence, fiber and free-space optics,jet ablation) addressing commercial vessel hull cleaning and inspection, and defense opportunities arising from the capabilities presented with the new technology set. Core technology demonstrated. Engaged with 3 universities on collaborative research (grant) programs, and presented to private investors and defense leaders. Patent applied for. Teamed with Southwest Sciences on Navy SBIR. Secured team. University of Maryland 2018-2020 TechPort Business Incubator DIRECTOR Stood-up a unique UAS (Unmanned Aviation Systems)-focused business incubator. Developed and instituted foundational procedures (requirements for entry/preliminary business plan evaluation/on-boarding), marketing and business plans, hired staff. Constructed a novel sustainable business plan for the incubator, leveraging both public, university and personal investor network options. Led entrepreneur educational lectures and events, including a first 3D Printing Fair. Initiated InventorFabric. and InventorMusclesm, SharkEvaluation.teams and mechanisms involving the local high schools and the larger community to inspire invention and entrepreneurship. Results: expanding client base received national attention. Brad W. Bartilson --------------------------------------------------------------------- PHOTON8, INC., EFFICIENT SYSTEMS, LLC 2006-Present Leader of 2 ventures in biotech, renewable energy and energy storage. Photon8: As CEO, grew 18 person venture in algae products on the basis of market analysis and techno-economic modeling. Created technology solutions, built team, boards and partnerships with major nutraceutical and oil corporations (Shell Oil), universities (Texas A&M, LSU, Rutgers and the University of Texas), and the Brownsville community. Secured $2M in funding, first revenue. Assisted universities with in-class speeches on entrepreneurship and business. Efficient Systems: Developed high efficiency energy storage (4 patents) and vehicle technologies, engaged university (University of Missouri), industry and the Detroit enterprise zone resources in bringing a new car company to Detroit. Secured GM's Design Director as partner. Led Sr. Design Project class. BREWER SCIENCE, INC. ROLLA, MO 2004 -2006 Semiconductor process & equipment (photolithography) BUSINESS UNIT MANAGER Business leader with P & L responsibility. Mandate to build and spin-off a new semiconductor process/equipment business. Identified technical impediments, redirected strategy. Redirected market focus of technology product having no sales in 4 years. Wrote and implemented the business plan. Secured first product order in 4 months. Product placed on ITRS (semiconductor industry)roadmap for 45nm. Developed strategic partnerships with highly-regarded design- and-manufacturing firms, strengthening the marketability of this revolutionary product. Established accounts with the leading semiconductor device fabrication companies in the US, Europe and Asia. Nurtured supplier-partner relationship ($913 conglomerate), captured spin-out investment offer. SEAKR ENGINEERING, CENTENNIAL, CO 2003-2004 Defense Contractor-Memory Systems PROGRAM MANAGER: SPACE-BASED RADAR Led the successful capture of Phase II Space-based Radar program with Lockheed-Martin. Defined the design and specifications for the memory and VO system. Led the team and business interface with the partner and the defense customer. ZOLO TECHNOLOGIES, INC. BOULDER, CO 2001 —2003 Optical networking system manufacturer(C-Round Startup) DIRECTOR OF PRODUCT MANAGEMENT, MARKETING & SALES Recruited to lead product management and marketing, stepped-forward to lead the reorganization, sales and marketing areas. Refocused, streamlined the product lineup. Engaged tier-1 telecom equipment manufacturer. Brad W. Bartilson --------------------------------------------------------------------- LIGHTCHIP, INC., SALEM, NH 2O00—2001 Optical networking system manufacturer(B-Round Startup) MARKET DEVELOPMENT MANAGER/SR. PRODUCT MANAGER Recruited to lead product management for this startup with DWDM and wavelength monitoring products, later asked to lead business development as well. Developed and wrote the commercialization plan. Re-aligned the strategy onto cable network 200GHz channel layout. Cultivated a strong relationship with Antec/Arris, AT&T (cable-MSO equipment provider). Secured and negotiated the companies first contract for $25M. Hailed as "company herd' by capturing lost sales accounts on the west coast. RAYTHEON, ANDOVER, MA 1998 - 2000 Microwave communications PROGRAM MANAGER Initially recruited as Section Manager of Advanced Electronic Packaging for the Teledesic Program, later pitched for and received leadership for new business unit. Identifying a strong opportunity for the group's technology in a new sector, developed and presented the case to the senior team. Received the promotion and charge to build and lead the new business unit(P & L responsibility), with responsibility for engineering, manufacturing (offshore), marketing, sales, and finance.Worked the first contract($6M)into a volume purchase order, funding R& D through payment on alpha and beta units. CRAY RESEARCH, INC. CHIPPEWA FALLS, WI Supercomputer manufacturer EMBEDDED SUPERCOMPUTER PROJECT MANAGER Early career responsibility for direction of"special" government systems, later leading a team in advancements in electronics packaging for high performance computing. Years of innovation and funded technology development culminated our unit's "mobile supercomputing" offering in the space, defense, oil, and mining industries, $100M first year. In the funding void created during an extended acquisition and reorganization, secured longstanding, independent R&D support for the 20-person, $2M/year budget group from NSA, DARPA, BMDO, and NASA. Assembled a world-class research team, cultivated a highly invigorating environment resulting in advances in signal modeling and propagation, heat transfer, and new interconnect structures. Brad W. Bartilson --------------------------------------------------------------------- EDUCATION& ADDITIONAL QUALIFICATIONS Master of Science, ME, University of Minnesota: Coursework major supporting advancement in computer technology: Engineering Management, Computer Architecture, Solid State Physics, Switch-mode Power Supplies, and Heat Transfer. Degree via online UNITE program. Bachelor of Science, ME, University of Wisconsin—Madison Business and Marketing: Developed and executed successful marketing and business plans for corporations and startups, ($37M total funding, international basis). Technical Expertise: Exceptional thermal/structure/fluids FEA modeling expertise, demonstrated in electronic, display, wireless, and photonic structures and products Intellectual Property: Inventor,Author, IP strategist: 11 patents in advanced electronics, 4- energy storage/conversion & advanced vehicle technologies, 6-biofuels production, 1-target shooting, 1-underwater vehicle Professional Certifications: Licensed Professional Engineer- Wisconsin & Minnesota Societies Participation: MBIA, OSA, SPIE, ASME, ISHM, (Mensa qualified) Office Systems: Responsible for ERP, MRP, PDM component integrations at 2 startups SELECTED PAPERS, PRESS RELEASES • "Why Fundraising is like Fishing" TechPort 2019 • "Rethinking Algae: Beyond Biofuels" Sustainable America 2014 • "Photon8-Green Supplements, Fuel and Feed from Algae" RGVision Magazine 2013 • "Photon8 Reports Productivity Milestone: Algae Industry Magazine 2011 • "Techno-Economic Modeling: Profitability & Physics Constrained Algae Biofuels Solution: ABO Conference 2010 • "Techno-Economic Modeling: An Invaluable Too for Invention and Investment", Algae Industry Magazine, 2010 • "Flat is Where it's At" SemiCon West 2005 • "Telecom Optical Switch Market Analysis" (contracted study) 2001 • "Thermal Management Approach for a Scalable, MCM-based System" 1996 • "Thermal Stress Modeling of a Diamond/Aniso/PCB Laminated Structure" 1993 • "Control of Blistering of Sputtered/Plated Metallization on Diamond Wafers" 1992 • "Air Jet Impingement on a Miniature Pin-Fin Heat Sink" ASME WAM 1991 Awards: "Cray Innovation Award", UW Engineering Merit Award, Listed in"Who's Who in Technology" Leadership Trainings: Leadership (management selected): Cray Research, Raytheon Operations Trainings: Six Sigma, Lean Management-Raytheon, Contracts-Koch Hands-on Leadership: While in management positions at 3 startups, assisted the technology teams in solving critical technical problems, enabling product to achieve specifications. Fitness, Supplements, and Exercise Equipment Expertise: • Avid personal fitness : 7-day/week routine: running, weightlifting • Health Supplements: Omega3 Market, Market Development, Partnerships, Product Development. Long history of personal supplement use/evaluation. • Diet and Health Study: Weight Loss/Control, Hormones, General Nutrition Brad W. Bartilson --------------------------------------------------------------------- Faith,Activities: Christ believer, follower. Practice: Regular(every Sunday) church attendee, daily bible reading, study, and prayer. Leadership: roles in Sunday School teaching, Men's bible studies, stewardship committee, deacons, building and grounds, and finance. CITY OF CORPUS CHRISTI Submit Date: Nov 07, 2025 Application for a City Board, Commission, Committee or Corporation Profile Jeffrey H. _ Edmonds P.E. First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 19 Director of Engineering City of Corpus Christi Services _ Civil Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 1201 Leopard Street, 3rd Floor Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Work Phone 361-826-3851 Jeffrey H. Edmonds P.E. Work E-mail address jeffreye@corpuschristitx.gov Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Corpus Christi Aquifer Storage and Recovery Conservation District Education, Professional and/or Community Activity (Present) MBA - Management, University of North Carolina at Charlotte Master of Engineering, North Carolina State University BS Civil Engineering, North Carolina State University Registered Professional Engineer since 1991 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Aquifer Storage and Recovery Conservation District Why are you interested in serving on a City board, commission or committee? I am an incumbent director of the Corpus Christi Aquifer Storage and Recovery Conservation District Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes � No Jeffrey H. Edmonds P.E. Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Jeffrey H. Edmonds P.E. Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Jeffrey H. Edmonds P.E. Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jeffrey H. Edmonds P.E. Jeff Edmonds, P.E. Bio and Resume Jeff Edmonds, P.E., has managed the city's Department of Engineering Services since 2015. This is the department charged with implementation of the city's capital improvement plan. Since 2015, Edmonds has managed the construction of nearly $213 worth of city infrastructure. About half of that value was for water and wastewater construction. Edmonds has nearly 35 years of work experience as a registered professional engineer. He holds a BS in Civil Engineering from North Carolina State University and an MBA from University of North Carolina at Charlotte. He also has a Master of Engineering degree with a Water Resources concentration from NCSU. As a registered professional engineer, Mr. Edmonds is obligated to protect the health, safety, property, and welfare of the public in the practice of his profession. Mr. Edmonds spent the decade of the 90's as a municipal engineer with two different cities in NC. For 8 years he was a Public Works Director where his responsibilities included managing the operation of the water and wastewater utility. The utility operated two reservoirs, two water treatment plants, a wastewater treatment plant as well as 300 miles of distribution and collection systems. During 2000 and 2001, Mr. Edmonds worked in South America with a Spanish-owned private utility operator. This included work throughout the Caribbean region involving infrastructure construction, operations, maintenance and commercial management of water utilities. From 2001-2015, Mr. Edmonds was with URS Corporation, then the largest AE firm in the country. With URS, Mr. Edmonds managed and supported water and wastewater projects for several Texas clients including the City of Corpus Christi. In one assignment for the Brownsville Public Utility Board, Edmonds was the project manger Seawater Desalination Feasibility Study. He also provided water and wastewater engineering services for military clients in Texas, Oklahoma, Louisiana, Arkansas, New Mexico and Utah. Mr. Edmonds served on the city's Water Resource Advisory Committee as the residential representative from 2008-2015 and chaired that committee for six years. In 2019, Edmonds was first appointed to the board of the Corpus Christi Aquifer Storage and Recovery Conservation District. During his tenure, he has not had any unexcused absences from board meetings. Jeffrey H. Edmonds, P.E. Expertise Experience • Program Management Mr. Edmonds is currently the Director of Engineering Services at the • Infrastructure Planning City of Corpus Christi. He has spent most of his career helping public • Civil Engineering Design entities bring their infrastructure plans into reality. His 30-plus years • Municipal Utilities of work experience includes 18 years in local government at three • Operations Management different cities, as a City Engineer and Public Works Director. The • Risk-based Decision Making other half of Mr. Edmonds' experience includes 13 years with an • Construction Management ENR Top 5 engineering firm. Mr. Edmonds has also worked with an international contract utility operator and an ENR Top 10 general Education construction contractor. Experience working as an owner, consulting engineer and general contractor provides Mr. Edmonds a unique Master of Business perspective and understanding of capital project delivery. Administration, 1999, University of North Carolina Selected Experience and Projects at Charlotte,NC Master of Engineering, 1993, • City of Corpus Christi, Director of Engineering Services, North Carolina State Corpus Christi, TX. Director responsible for managing the University,Raleigh,NC design and construction of the city's Capital Improvements B.S., 1986,Civil Engineering, Program for over a decade. Managed the delivery of over $213 North Carolina State worth of construction. The city's CIP portfolio included water, University,Raleigh,NC wastewater, drainage, public facilities, and transportation infrastructure projects. The CIP execution required managing Registrations over 60 simultaneous construction projects with average contract PMI Risk Management value of nearly$1 OM and ranging to over$100M. Professional,#1791464,2015 . Lower Rio Grande Valley Disaster Recovery Housing Registered Professional Engineer, Program,Weslaco, TX. Program Manager for a$IOOM CDBG Texas,License # 88933,2001 disaster recovery housing program. URS was the prime Registered Professional Engineer, contractor under the grant administration contract. Mr. Edmonds North Carolina,License # served as URS' Program Manager for an end-to-end service 17606, 1991 (inactive) offering extending from eligibility determinations through Professional History construction oversight to project closeout. The program replaced or repaired nearly 800 housing units in Cameron, Hidalgo and Director of Engineering Services, Willacy Counties using CGBG-DR funding. City of Corpus Christi,2015- Present • Water CIP Program Management, Corpus Christi, TX. Senior Project Manager,URS Program Manager for a portfolio of water treatment plant capital Corporation/AECOM,Austin improvements projects at the O.N. Stevens WTP. The projects &Corpus Christi,Texas, included in the water program included a new high service 2001-2015 pumping station, a new raw water pumping station and a new Project Director, Sociedad de solids management and disposal facility. URS functioned as an Acueducto,Alcantarillado y extension of the City of Corpus Christi staff to enhance Aseo, S.A.,Barranquilla, alignment and control of water projects. Colombia,2000-2001 Public Works Director,City of • Cayo del Oso Water Line, Corpus Christi, TX. Project Lexington,NC, 1992-2000 Manager for the design of a 16" water line serving the Texas A&M Corpus Christi campus. The new line was installed Jeffrey H. Edmonds, P.E. Professional History cont. through environmentally sensitive wetlands by horizontal directional drilling. The project included USACE 404 permitting Project Engineer,Town of Cary, and preparation of a TXGLO Miscellaneous Easement to cross NC, 1989-1992 state submerged lands. Associate Engineer,Ragsdale Consultants, Smithfield,NC, . Boat Ramp Replacement & Site Development, Corpus 1988-1989 Christi, TX. Project Manager for the design of two new public Project Engineer,Metric boat ramps at the JFK Causeway. The project included civil Constructors,Atlanta, GA, engineering design, permitting, procurement support and 1987-1988 19 Dept. of construction phase services. The project required three Engineering Intern, nationwide and one individual USACE 404 permits. The project Transportation, 86 also included close coordination with TXGLO as the primary stakeholder for the improvements. The project was funded TXDOT Precertifications through federal boating access grants, in kind services, and private contributions. 3.1.1,4.1.1, 7.1.1, 8.1.1 • Sanitary Sewer I&I Elimination Study, Project Manager, Awards Laughlin Air Force Base, TX. The project consisted of a sanitary sewer condition assessment covering the entire base in TSPE Nueces Chapter—2017 an effort to eliminate inflow, infiltration and cross connections. Engineer of the Year Inspections were completed using smoke testing, dye testing, ACEC Environmental Project flow monitoring and CCTV inspection. URS provided Silver Medal Design georeferenced CCTV logs and inspection reports that were Excellence Award—2007 incorporated into the LAFB geodatabase. The project outlined a El Paso Corporation—2007 program of capital improvements to address condition Environmental Remediation deficiencies that were identified using the CCTV technology. Safety Award • Mabel Davis Park Remediation, City of Austin, TX. Design Task Leader. The 50-acre park is a former landfill site that was Training operated during the 1940's and 50's. Remedial activities as part of the Texas Voluntary Cleanup Program addressed pesticide Texas Land Law for Civil and lead contamination as well as streambank restoration, Engineers erosion/ sediment controls, a pond outlet structure, hike & bike HAZWOPER 40-hour trails, utility relocations, stormwater management plans, and Certification landscaping improvements. Management of Hazardous Waste in Texas . Roadway and Access Improvements, Randolph Air Force DOT Hazardous Materials Base, TX and Vance Air Force Base, OK, Civil Design Lead Management for Anti-terrorism and Force Protection Improvements at two air Pumping Station Design by force bases. The designs included new roadways,road widening, Robert L Sanks,PhD. additional turn lanes, traffic control, truck holding areas, Industrial Pump System deployable denial barriers, overwatch positions, traffic queuing Efficiency-DOE Pumping improvements, new gatehouses, a new visitor center and site Systems Analysis Tool utilities. The Vance AFB improvements included the design of a FEMA Community Rating 3,000 LF of roadway on new alignment. The Randolph AFB System project included improvements at all three main gates including significant roadway realignment at the main West Gate intersection with FM 78. Jeffrey H. Edmonds, P.E. Publications • Elementis Industrial WWTP, Corpus Christi, TX. O&M Task Leader.Mr. Edmonds managed a staff of three technicians "How Local Governments Can dedicated to the operation and maintenance of groundwater Make Better Organizational extraction and treatment systems at the site of a significant Decisions" (American City benzene and hexavalent chromium release. Groundwater and County,2021) extraction and treatment systems were required to operate around the clock to prevent the contamination plume from "Decision Making in the Face of impacting surface water. A system of wells recovered Risk and Uncertainty"(Texas groundwater and phase-separated hydrocarbon. The on-site Chemical Council treatment system separated LNAPL, treated impacted Environmental,Health& groundwater and destroyed vapor phase emissions. Project Safety Seminar 2012) tasking included development of the site SPCC Plan, development of new recovery wells, pipeline construction, "Simplified Safety Evaluations hazardous waste management, design and construction of a new for Environmental WWTP, design and construction of a soil vapor extraction and Remediation Systems" (El recovery system. Paso Corporation Internal, 2009) • Laughlin AFB Flooding Abatement Program, Del Rio, TX. Program Manager. Mr. Edmonds managed the design of two "Lower Rio Grande Valley projects intended to correct legacy flooding problems in the Seawater Desalination LAFB flightline, aircraft parking apron and airfield. The project Feasibility Study" had a total estimated construction value of $15M. The project (Proceedings-Texas Water involved replacing culverts under several key roadway 2006) connectors and coordinating construction to have minimum impact to base operations.The project also involved constructing "TOCDF Hydrolysate Disposal a major storm sewer between the parking apron and the flightline Alternatives Analysis" requiring significant phasing and utility coordination. Another (EG&G Defense Materials, notable aspect of the project was the design of a 600' tunnel 2005) under a new maintenance apron and taxiway. • Laughlin Air Force Base Water Distribution System Hydraulic Study,Del Rio,TX.Project Manager for a condition assessment, hydraulic model and capital improvements plan for the water distribution system at Laughlin Air Force Base. A hydraulic model was developed using InfoWater software and conceptual designs and cost estimates were produced for the necessary improvements required to ensure adequate fire protection. • Hurricane Katrina Recovery, New Orleans, LA, FEMA Project Officer.URS staff managed a task force supporting the Sewerage and Water Board of New Orleans as part of the Hurricane Katrina recovery efforts. Mr. Edmonds was one of the Project Officers charged with inspecting and preparing disaster relief claims for approximately 80 wastewater and 30 drainage pumping stations that suffered damage ranging from moderate to catastrophic. The wastewater pumping stations were of various designs ranging in capacity from I to 250 MGD. Jeffrey H. Edmonds, P.E. • Laughlin AFB IDIQ A/E Services, Del Rio, TX. Program Manager. Since 2002, URS has provided a wide range of A/E support to Laughlin AFB through two 5-year indefinite quantity contracts. Mr. Edmonds managed both of those IDIQ contracts as well as about a third of the delivery orders. The Scopes of Work that URS has executed at Laughlin AFB have included civil engineering, electrical engineering, mechanical engineering, architectural services, planning, and construction oversight. Task orders have required studies, investigations, preparation of technical statements of work for design-build proposals, 100% designs and Title II construction oversight services. The total professional fees for 37 delivery orders under this program is $4.6M. • Interim Corrective Measures Workplan, Little Rock Air Force Base,AR. Project Manager for development of an interim corrective measures workplan that included evaluation, removal and replacement of wastewater pretreatment units and the remediation of any encountered contamination releases from 25 oil/water separators. The project also included conducting a loading study to determine the fate of heavy metals released during aircraft washing operations in order to ensure continued compliance with wastewater discharge limitations. • El Paso Water Utilities NE Master Plan, El Paso, TX, Lead Engineer. EPWU required planning assistance for the implementation of 15,000-acre master plan on utility-owned property. URS provided recommendations for a phased development that would reflect market demands and capture rates. Mr. Edmonds assisted planning, scheduling and budgeting for required improvements to roadways, drainage, water and wastewater systems. The roadway planning included the development of typical cross sections for new roadways and widening for existing roadways. The project required the planning and programming for approximately $15M of roadway improvements. • Fuel Spill Protection Measures, Holloman Air Force Base, NM, Project Manager. The project consisted of designing of fuel spill protection measures for four sites at Holloman Air Force Base in Alamogordo, NM. The systems consisted of reinforced concrete containment structures with drains to allow for the manual discharge of stormwater. The structures were designed to accommodate the loads and movements of refueling tankers. Jeffrey H. Edmonds, P.E. • Cary Parkway Lane Additions, Cary, NC. Lead Designer. Mr. Edmonds was the lead designer for a project to widen 2.5 miles of 2-lane roadway into a 4-lane median divided arterial. Scope items included roadway design, traffic signal upgrades, drainage design, erosion control, pavement design, utility relocations and traffic control. The project was completed on schedule and within the engineer's construction budget. • City of Laredo Integrated Water and Wastewater Master Plan, Project Principal. Provided technical oversight, client communication and work planning support for the development of a 50-year, comprehensive water and wastewater capital improvements plan. As one of the fastest growing communities in the nation, Laredo experiences tremendous demands on their infrastructure due to growth pressure. The Master Plan provides a 50-year investment program that identifies the required improvements to ensure that the systems can meet citizen expectations and comply with TCEQ required levels of infrastructure. • Comprehensive Water System Assessment, Maracaibo, Venezuela, Project Director. The project consisted or a comprehensive assessment of the water and wastewater service delivery in the state of Zulia, Venezuela. Zulia has a population of 3.2 million including the capital city of Maracaibo with a metropolitan population of 1.7 million. The project evaluated the water supply, potable water and sanitary sewer infrastructure, the system's operation and the commercial management. The final report outlined the steps necessary to bring the state-run utility into financial self-sufficiency. • LRGV Seawater Desalination Feasibility Study, Brownsville, TX. Project Manager The study examined the alternatives available to provide potable water from seawater and selected the best options for intake, pretreatment, treatment, solids handling, concentrate disposal and finished water transmission. Conceptual design data were used to develop detailed cost estimates for an evaluation of the project's financial feasibility. • El Paso Water Utilities NE Master Plan, El Paso, TX, Lead Engineer. EPWU required planning assistance for the implementation of 15,000-acre master plan on utility-owned property. URS provided recommendations for a phased development that would reflect market demands and capture rates. Mr. Edmonds assisted planning, scheduling and budgeting for required improvements to roadways, drainage, water and wastewater systems. • Water Franchise Consultant,Ascension Parish,LA. Provided technical advice to Ascension Parish for the development of a Jeffrey H. Edmonds, P.E. water franchise agreement with a private water distribution company. Work was performed under a contract with the USACE New Orleans District. The objective was to develop an agreement for the operation of the water system that would protect the citizen's interests.Ascension Parish was experiencing very rapid growth and many areas of the parish had been developed with substandard water service. The franchise agreement established terms for how the water company would address existing system deficiencies and recover those costs. • Mabel Davis Park Remediation, City of Austin, TX. Design Task Leader. The 50-acre park is a former landfill site that was operated in the operated during the 1940's and 50's. Remedial activities as part of the Texas Voluntary Cleanup Program addressed pesticide and lead contamination as well as streambank restoration, erosion/sediment controls, a pond outlet structure, hike & bike trails, utility relocations, stormwater management plans, and landscaping improvements. The project received the Silver Medal Design Excellence Award from the Texas Council of Engineering Companies. • Tooele Chemical Demilitarization Facility (TOCDF),Tooele, UT. Lead Engineer for a Mustard Agent Rinsate Pre-Treatment System. The project involved planning and design for a system to destroy the chemical agent in rinsate from washing out bulk containers of mustard agent. The project included risk assessment, process, electrical, mechanical, I&C and civil design. Task Manager for rinsate disposal alternatives analysis. The project also included an alternatives analysis exercise using Monte Carlo simulation and an expert panel. • Tooele Chemical Demilitarization Facility, Stockton, UT. Task Manager for hydrolysate disposal alternatives analysis.The assignment involved developing a framework for selecting among various alternatives for disposal of a hazardous wastewater resulting from the destruction of chemical weapons material. The decision involved selecting among competing alternatives in an environment with deep uncertainty surrounding several potential outcome scenarios. A framework was developed to analyze and appropriately weigh risk factors in the decision analysis. The effort used an expert panel and Monte Carlo simulation to develop recommendations for treatment and disposal alternatives. • Lexington Business Center, Lexington, NC, Project Manager. Project Manager for the development of a 207-acre, city-owned industrial park. Responsible for planning and directing the design, permitting and construction of all civil infrastructure including roadways, storm drainage, water distribution, wastewater collection and a wastewater pump Jeffrey H. Edmonds, P.E. station. Roadway design included 1,500 LF of roadway on new location, the realignment of 1,000 LF of existing frontage road and improvements to an existing interchange. • Uptown Streetscape Project, Lexington, NC, Program Manager. The project consisted of the placement of conduit and relocation of all overhead utilities, construction of architecturally finished concrete sidewalks,new mast arm traffic signals, and the installation of street trees with decorative castings for a six-block downtown area. • Street Rehabilitation Program, Lexington, NC, Project Manager. Project Manager for a bond program to rehabilitate and resurface 25 miles of roadway, replace 5 miles of curb & gutter and 3 miles of sidewalk. The work included planning, contracting and construction oversight for a multi-year street improvement program. Resurfacing activities were coordinated with the maintenance needs of underground utilities to preclude damage to new pavement.A comprehensive pavement condition rating system was used to prioritize the road resurfacing projects. • Floodplain Administrator, Lexington, NC. As the City Engineer, Mr. Edmonds was designated city's floodplain administrator. This included implementation of the NFIP Community Rating System and review of all new development for compliance with the NFIP. Mr. Edmonds also designed and implemented projects to reduce flooding risk such as improvements to culverts, storm sewers and channels. • Town of Cary, NC Lift Station Removal Project, Project Engineer. The Town of Cary had experienced a period of very rapid growth and development. As a result, many lift stations were installed due to the remoteness of downstream sewer facilities or geographical barriers. This project combined six pump station removal projects. Removals were accomplished by sewer extensions, highway tunnels and the attachment of a gravity sewer line inside a DOT highway culvert. The project included development of plans& specifications and construction oversight. • Water Treatment Plant Improvements Project, Lexington, NC. Project Engineer for efficiency and reliability upgrades to the two Lexington water treatment plants. The projects included a I MG clearwell rehabilitation using shotcrete technology, interconnecting the clearwells of the contiguous plants, pipe gallery rehabilitation, high service pump replacement, new drying beds, a changeover from chlorine gas to sodium hypochlorite disinfection, and an emergency interconnection with the rural water authority for backup supply. Jeffrey H. Edmonds, P.E. • Spray Irrigation Pilot Project, Project Manager, Lexington, NC. Designed, permitted, and installed a 20,000 GPD, pilot spray irrigation project at the Lexington Regional Wastewater Treatment Plant. The project was intended to determine if spray irrigation was a viable method to extend the capacity of the W WTP. • Master Wastewater Improvements Plan, Project Manager, Lexington, NC. Developed a master wastewater plan for a 3,850-acre annexation area. The master plan included preliminary design and budget preparation for 100,000 linear feet of sewer, 12 pumping stations and 16,000 linear feet of force main. • Water Infrastructure Master Plan, Project Engineer, Smithfield, NC. Lead engineer and hydraulic modeler for a Master Water Facilities Plan for Johnston County,NC. The plan was developed to address potable water needs in the rapidly developing rural areas of Johnston County. The project included extensive hydraulic modeling, planning for new transmission mains, elevated tanks and pumping stations. The planning effort also included making revenue projections to determine the economic feasibility and timing for improvements. CITY OF CORPUS CHRISTI Submit Date: Dec 12, 2025 Application for a City Board, Commission, Committee or Corporation Profile Mr Brandon W _ Garis Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 25 AguariusVita CEO _ AWG Distribution Employer Job Title Occupation Work Address - Street Address and Suite Number 15717 Gypsy St Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78418 Work Phone 3615001814 Mr Brandon W Garis Work E-mail address Brandon@AquariusVita.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA Communications TAMUCC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Water Why are you interested in serving on a City board, commission or committee? I'd like to help advise the City on developing Atmospheric Water Generation as a new water source to further diversify the City's water supply. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes c No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? (.- Yes C No Mr Brandon W Garis Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Mr Brandon W Garis If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Mr Brandon W Garis City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr Brandon W Garis Brandon Garis Corpus Christi, TX +1 361 500 1814 Work Experience Owner/Operator Aransas Pass RV-Aransas Pass, TX January 2019 to Present Design and built a small 12 unit RV park. Over see property managers day to day operations, property maintenance and general repairs. Create and review new rental listings. Certified Sales Consultant Mike Shaw Toyota-Corpus Christi, TX January 2015 to January 2019 Toyota Master Caertified Sales Consultant Toyota Gold Sales Society Truck Master In the top 1% of Toyota New Car Sales. District Manager Teph Seal, Auto Appearance-Corpus Christi, TX July 2014 to January 2015 Responsibilities Manage, hire and train detailers forthe Make Ready departments exclusively for dealerships in the Corpus Christi area including; Mike Shaw Toyota, Mercedes, Infinity, Nissan, and Love's. Accomplishments Manage the successful opening and logistics of new locations while overseeing the continued growth of current locations. Skills Used Strong ability for positive conflict resolution to problems with a keen ability to attention to details for automotive appearance. Executive Service Manager Brake Check-Corpus Christi, TX January 2007 to June 2014 Responsibilities Manage front office sales and repair shop. Interviewed, hired and trained new automotive technicians, store managers and service managers. Diagnosed problems with customer vehicles, explain services needed for repair to customers on a needed and recommended basis with accurate and competitive service repair pricing, locate parts to complete repairs, make needed repairs and oversaw repairs by my technicians, set budget for daily, weekly and period sales goals, managed online customer appointments for services, oversaw and managed all aspects of a successful fast paced automotive service center at several locations throughout Texas. Accomplishments Lead the company in sales with highest production of bottom line profits by successfully managing operating cost with high sales, low parts cost and labor. Skills Used Basic computer skills, Word, Excel, Power Point, Mitchell, Delfi, SnapOn scan tool equipment, Hunter alignment machine, lathe machines bench and on the car lathes, complete roll round box of tools to make all needed automotive repairs, if it rolls on four wheels I can fix it! Vehicle Exchange Specialist Mike Shaw Toyota-Corpus Christi, TX January 2015 Responsibilities Vehicle Exchange Specialist: appraise vehicles in for service for trade in for a new vehicle. Help customers upgrade to a newer vehicle with similar payment range. Automotive sales through generating leads from cold calling perspective customers that showed interest online, fallow up calls from missed appointments and curtesy calls to previous customers. Accomplishments Top 100 Toyota Salesmen in the nation. #1 New Car Salemen multiple months in a row with 20+ vehicles a month on average with highest Customer Service rating at Mike Shaw Toyota and Gold Master Certified Salesmen of the year for Toyota Motor Company. Skills Used Listen to customers main concern and provide a truly exceptional experience. Education Bachelors in Communications/Marketing Texas A&M University - Corpus Christi, TX 2001 to 2011 Skills • Powerpoint • Marketing • Customer Service • CRM • Sales CITY OF CORPUS CHRISTI Submit Date: Dec 17, 2025 Application for a City Board, Commission, Committee or Corporation Profile Jason R _ Hale First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78411 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 14 Product Designer/ Self-employed Sole Proprietor _ Manufacturer Employer Job Title Occupation Work Address - Street Address and Suite Number 3918 WOW Rd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 Work Phone 3613894699 Jason R Hale Work E-mail address jason@3dwaves.net Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am hoping to serve on the City's Far Field Advisory Committee in 2026. Education, Professional and/or Community Activity (Present) B.S. in engineering, member of the Coastal Bend Sierra Club Group, engaged in community efforts to raise awareness on local water issues, extensive knowledge in water planning, water use, and water related TCEQ and State laws. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Thr Far Field Advisory Committee is my preferred board to serve on. I believe the CCASRCD is an entity separate from the City and therefore I would be able to serve on both, if that is incorrect then I would like to withdraw my application for the CCASRCD. If an applicant for this board does not serve on a City committee, please consider them before me. Why are you interested in serving on a City board, commission or committee? I am interested in serving on the CCASRCD board because I believe the current board is not abiding by its own rules. I believe it is important for all ASR and Groundwater conservation districts to manage their resources responsibly and in a manner that provides the maximum benefit to public good. I wish to aid in that effort in unbiased way which is currently not happening due to the board being comprised solely of City staff. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes (.- No Jason R Hale No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A n/a Demographics Gender V Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Jason R Hale Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Verification Jason R Hale City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jason R Hale Jason Hale Jason Hale Design Engineer 4421 Hamlin Dr Corpus Christi TX 78411 361.389.4699 About Me Product designerwith 10+years of experience in parametric modeling, prototyping,production and machine maintenance.Possess a B.S.in Chemical Engineering from Texas A&M Kingsville and an EIT certification (#60772).Looking to learn new skills and apply my engineering knowledge towards projects that help communities become more water resilient. Education TexasA&M University/Chemical Engineering(BS) August 2015-May 2017, Kingsville,TX Del Mar College/Mechanical Engineering(AS) August 2012-May 2015, Corpus Christi,TX Skills Fusion 360(an Autodesk product) • 3D Parametric Modeling • 2D Drafting Design For Manufacturing • Sheet metal • Additive manufacturing(FDM,SLA) • Subtractive manufacturing(CNC) Other • MS Word, Excel, PowerPoint, Project and Outlook • TCEQ SWQMS Data • The Meadows Center Stream Team Certification Experience 3DWaves/Sole Proprietor July 2017-PRESENT,Corpus Christi,TX Design and produce accessories for music production equipment. Responsible for the production of over 2,000 units per year,running and maintaining a 3D printing farm consisting of over twenty 3D printers,a CNC and various woodworking equipment.Other responsibilities include accounting,marketing,customer service,task systemization,and economic evaluation. CITY OF CORPUS CHRISTI Submit Date: Nov 18, 2025 Application for a City Board, Commission, Committee or Corporation Profile David D _ Harvey First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 65 Multiple - see resume Retired _ Retired Employer Job Title Occupation Work Address - Street Address and Suite Number N/A Work Address - City N/A Work Address - State N/A Work Address - Zip Code N/A Work Phone N/A David D Harvey Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) See attached resume. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? To assist in the decision making process. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? i- Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? � Yes t- No Are you a current candidate in an election for a non-city public office? x Yes r No David D Harvey Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rj Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A David D Harvey Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree David D Harvey City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree David D Harvey David DeWitt Harvey 562 Poenisch Drive Corpus Christi, Texas 78412-3173 (361) 244-8487 Qualifications Extensive practical experience provides a detailed working knowledge and proficiency in these key areas: • Project Management • Environmental Permitting and Compliance •Audit Procedures • Strategic Planning Technical Writing • Excellent Communication and Computer Skills Professional Experience October 2002 —October 2023 Equistar Chemicals, LP—Corpus Christi Complex, Corpus Christi, Texas Principal Environmental Engineer; duties include oversight of a major petrochemical manufacturing facility to maintain compliance with all applicable Federal, State, and local environmental permits and regulations; development and implementation of environmental plans and procedures; provide consultation to plant engineers and management in regard to environmental affairs; act as liaison between the facility and State and Federal regulatory agencies; conduct incident investigations utilizing root cause analysis methodologies; provide supervision and oversight of contractors, consultants, and facility personnel regarding HSE-related activities; mentoring of newly hired HSE staff and interns; development and tracking of the departmental budget Major Accomplishments with Equistar Chemicals: • reduced operating costs by developing compliant and cost effective environmental policies and procedures • increased plant environmental compliance through constant research, planning, project implementation, and subsequent communication and training • successfully served as Health, Safety, Environmental, and Security Lead for the 2015-2016 olefins plant expansion and turnaround, a one billion dollar, nine million work hour project involving approximately 3500 construction personnel May 2000—October 2002 Occidental Chemical Corporation - Ingleside Plant, Ingleside, Texas Environmental Engineer; duties included oversight of a major chlor-alkali and vinyl chloride manufacturing facility to maintain compliance with all applicable State and Federal environmental regulations including RCRA, TSCA, SDWA, CAA, SARA, CERCLA, and CWA; also assisted in ensuring compliance with Dept. of Transportation standards and safety regulations Major Accomplishments with Occidental Chemical Corporation: • successfully implemented the Hazardous Waste Combustors MACT upgrade of two on-site incinerators, a $19 million equipment upgrade; involved working closely with a team of engineers, consultants, contractors, and regulators; the project was completed on time, safely, and within budget • successfully completed the RCRA Facility Investigation • earned two promotions with increasing levels of responsibilities 1990 - 2000 Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality) - Region 14 Office, Corpus Christi, Texas Senior Environmental Investigator; duties included performance of compliance evaluation inspections and oversight of regulated entities in the areas of solid waste, water, and air; also participated in: surface water quality assessment and monitoring; TNRCC policy and rule development; public education and community outreach; compliance assistance to the regulated community, enforcement case development; interaction with the news media, provided assistance to the TNRCC Central Office, state legislators, and the Texas Attorney Generals' staff as required Major Accomplishments with the TNRCC: • increased compliance with TNRCC and EPA regulations throughout the Region 14 area • promoted voluntary compliance through community outreach • successfully negotiated issues involving complex environmental rule interpretation with industry and business executives as well as other state and federal regulatory agencies • fostered a spirit of cooperation between the regulated community and the TNRCC through open dialogue • earned four promotions with increasing levels of responsibility; eventually promoted to Gulf Coast Aquifer Specialist with the TNRCC Field Operations Division August 1988 - Heldenfels Brothers Inc. - Prestressed Concrete Division, September 1989 Corpus Christi, Texas Draftsman; duties included: production of shop drawings for precast concrete structures according to designs submitted by staff engineers April 1986 - Professional Service Industries, Inc. August 1988 Corpus Christi, Texas Geologist; duties included: field drilling assistance including descriptive borehole logging, ground water monitor well installation and subsequent development; soil testing according to ASTM specifications; soil classification using the Unified Soil Classification System; construction of subsurface profiles involving stratigraphic correlation; provided geological consultation for staff engineers; assisted in final report preparation Academic Achievements Bachelor of Science degree in Geology - August 1985 Trinity University, San Antonio, Texas Master of Science degree in Environmental Science - December 1997 Texas A & M University - Corpus Christi, Corpus Christi, Texas; G.P.A. 4.0 Honors/Activities • Licensed Professional Geoscientist with the Texas State Board of Professional Geoscientists; License No. 59 • Certified Professional Geologist with the American Institute of Professional Geologists; Certification no. CP- 10295 • Founder and past chairman - Corpus Christi Geological Society - Environmental Section • Awarded State RCRA Inspector Award for Excellence from the U.S. Environmental Protection Agency Region VI Office in 1996 • Sixth Degree Black Belt in traditional Tae Kwon-Do— Certified Master Instructor with the Chin Mu Kwan Tae Kwon-Do Federation (certificate #A-6-41) Personal Data married; language skills in Spanish References Available upon request CITY OF CORPUS CHRISTI Submit Date: Nov 26, 2025 Application for a City Board, Commission, Committee or Corporation Profile Gabriel Hinojosa First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes �- No If yes, how many years? 43 I&I Engineering Owner Civil Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 6837 Sir Moses Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78414 Work Phone 3618772944 Gabriel Hinojosa Work E-mail address gabriel@iiengtx.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? I am interested in serving on a City board because I want to contribute to decisions that directly shape our community. I believe that local government is most effective when residents are actively involved, and I want to bring my skills, experience, and perspective to help address the needs and priorities of our city. Serving on this board is an opportunity to give back, support transparent decision-making, and help create long-term solutions that improve the quality of life for everyone Are you an ex-Off icio member of a City Board, commission or committee? r Yes f: No Are you a current candidate in an election for a non-city public office? r- Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Code of Ethics - Rules of Conduct/Conflicts of Interest Gabriel Hinojosa Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Gabriel Hinojosa Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Gabriel Hinojosa Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Gabriel Hinojosa CITY OF CORPUS CHRISTI Submit Date: Dec 02, 2025 Application for a City Board, Commission, Committee or Corporation Profile Kyle Hooper PE First Name Last Name _.. Email Address 7- 1 Street Address Corpus Christi TX 78410 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 36 Pillar Engineering, LLC Principal Professional Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 701 Park Avenue Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Work Phone 361-428-1500 Kyle Hooper PE Work E-mail address kyle@pillarengineers.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: DSTAG committee member Education, Professional and/or Community Activity (Present) Leadership Corpus Christi Class 54 (current) - United Chamber of Commerce Registered Professional Engineer in the State of Texas, licensed by the Texas Board of Professional Engineers and Land Surveyors (TBPELS) Why are you interested in serving on a City board, commission or committee? I am seeking to serve on the Conservation District to help our community navigate a critical moment with clarity, collaboration, and responsible leadership. As an engineer and business owner, I bring a solutions-focused mindset grounded in data, logic, and long-term planning rather than politics. Our region's drought challenges require steady decision-making and a commitment to both conservation and sustainable growth. I want to contribute an objective, technically informed perspective to support transparent policy, strengthen public trust, and help ensure the long-term resilience of Corpus Christi's water resources. My goal is to serve in a way that elevates the conversation, unites stakeholders, and keeps the focus on what is best for our community's future. Are you an ex-Off icio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r° No Kyle Hooper PE Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Kyle Hooper PE If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Kyle Hooper PE City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Kyle Hooper PE CITY OF CORPUS CHRISTI Submit Date: Jan 03, 2026 Application for a City Board, Commission, Committee or Corporation Profile John D _ McMullan PE First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 29 DCCM Senior Protect Manager _ Professional Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 2725 Swantner Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Work Phone 854-3101 John D McMullan PE Work E-mail address dmcmullan@dccm.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Engineering in Civil Engineering, licensed professional engineer in Texas, 29 years of experience in the water, wastewater and stormwater industry in Texas. Experience as a technician early in my career under the direction of professional staff provided me with general knowledge of groundwater from water supply to contaminant hydrogeology. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am currently interested in the aquifer storage and recovery conservation district board. Why are you interested in serving on a City board, commission or committee? I have served on city boards in the past and found it to be a rewarding experience. As a water professional I am specifically interested in the aquifer storage and recovery conservation district board. I would like to help the city set/enforce policy to protect their current resources and to assist in finding solutions to the current water supply problems. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (.- No John D McMullan PE Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. As an employee of a local civil engineering firm, I manage several engineering contracts between my company and the city's engineering services department. Board-specific questions (if applicable) John D McMullan PE Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree John D McMullan PE Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree John D McMullan PE CITY OF CORPUS CHRISTI Submit Date: Dec 17, 2025 Application for a City Board, Commission, Committee or Corporation Profile john michael First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78418 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 44 Hanson Professional Services Senior VP civil Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 4501 Gollihar rd Work Address - City Corpus christi Work Address - State texas Work Address - Zip Code 78411 Work Phone 3618163700 john michael Work E-mail address jmichael@hanson-inc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Civil Engineering Texas A&M 1981 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) na Why are you interested in serving on a City board, commission or committee? educational and work experience can add value to Committee Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes c- No Are you a current candidate in an election for a non-city public office? r Yes r No john michael Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A Corpus Christi Demographics Gender rJ Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? f- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. My employer provides engineering services to the City john michael Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree john michael City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree john michael CITY OF CORPUS CHRISTI Submit Date: Dec 01, 2025 Application for a City Board, Commission, Committee or Corporation Profile Justin M _ Tyson First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? r Yes r• No If yes, how many years? 1 Urban DCCM _ Project Manager _ Civil Professional Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 2725 Swantner Land Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Work E-mail address jtyson@dccm.com Justin M Tyson Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) ME undergrad, Civil Engineering PE in with concentration in Environmental Engineering & Stormwater Management. Previous Vice Chair and board member of the Wyoming County United Way Board of Directors, Chairman of the Allocation Committee. (Attached resume has not been updated with current address or current employer.) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Aquifer Storage & Recovery Groundwater Conservation District Why are you interested in serving on a City board, commission or committee? The drought and water conservation effort is important to me and a worthy cause for volunteering. I believe my previous board experience combined with my professional experience is a good fit for this board. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes (- No Are you a current candidate in an election for a non-city public office? r, Yes r No Justin M Tyson Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rJ Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I work for a civil engineering firm (Urban DCCM) that does work for Corpus Christi. Justin M Tyson Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Justin M Tyson City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Justin M Tyson Justin Tyson P.E. ❖ (570) 606 7065 ❖ 24015 Bridge Way Spring TX, 77389 RELEVANT EXPERIENCE September 2019—Present Conroe, TX Cellar Tech Products - Director/Sales Applications Engineer ❖ Lead a team of 12 professionals including managers, engineers, & salesmen providing custom steel onshore wellhead cellars ❖ Focus on leadership EQ, business development strategy, eight figure annual revenue P&L management, and building out a custom CRM system ❖ Facilitate well cellar design and site installation for oil& gas operators ❖ Routinely conduct Ansys FEA analysis including soils testing soil cement strong back design certifying drilling rig on soil surcharge loading ❖ Facilitate civil site layout of upstream production facilities including well cellars March 2022—Present Spring, TX Tyson Engineering PLLC—Principal Civil Engineer(Part Time Off Hours) ❖ Design oil & gas infrastructure projects with pre-to-post stormwater controls including permit packages in Civil 3D ❖ Design commercial land development projects September 2011 — September 2019 Spring, TX& Tunkhannock PA Southwestern Energy—Senior Civil Engineer& Multiple Petroleum Engineering Roles ❖ Managed Southwestern Energy's upstream infrastructure projects through the land development process including design review and regulatory approvals ❖ Led a team of up to seven civil firms through over 150 constructed infrastructure projects including well pads, fresh& wastewater impoundments, water extraction points, and communication towers ❖ Sized production facility equipment to accommodate 2 & 3 phase hydrocarbon flow ❖ AMD wastewater effluent treatment design for reuse during hydraulic fracturing August 2010—September 2011 New Milford,PA Joe Hunt&Associates—Civil Engineering Project Leader for Southwestern Energy ❖ Managed, designed, and sealed 17 Oil& Gas facility infrastructure projects in Northeast Pennsylvania ❖ Refined Autodesk Civil 3D proficiency and managed and obtained PADEP and PADOT permitting approvals December 2005 -August 2010 Harleysville,PA Richard C. Mast Associates—Civil Engineering Project Manager ❖ Managed and designed commercial, residential, and industrial land development projects in Southeast Pennsylvania ❖ Achieved proficiency in Autodesk Civil 3D ❖ Obtained PADEP, Montgomery &Bucks County Conservation District, Municipal, and PA DOT approvals and Presented projects at public meetings including Planning Commission &Zoning Heading Boards EDUCATION&LICENSURE University of Pittsburgh 2001-2005 ❖ Bachelor of Science in Mechanical Engineering P.E. Civil Engineering Texas,Pennsylvania, &West Virginia ❖ Specialty in Water Resources&Environmental Engineering SKILLS AND INVOLVEMENT ❖ Wyoming County United Way Board of Directors Vice Chairman 2012—2015 • Director of the Marcellus Open and Children's Charity Classic golf tournaments raising over$400,000 cumulatively • Facilitated funding the Seven Loaves Soup Kitchen's new commercial appliances CITY OF CORPUS CHRISTI Submit Date: Dec 22, 2025 Application for a City Board, Commission, Committee or Corporation Profile John Weber First Name Last Name Email Address Street Address Fair Oaks CA 95628 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W Other/ Non-Resident Current resident of the City of Corpus Christi? r Yes � No Not employed Prior manager Prior automotive repair Employer Job Title Oc—p—On Work Address - Street Address and Suite Number NA Work Address - City NA Work Address - State NA Work Address - Zip Code NA Work Phone NA Work E-mail address NA John Weber Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? (- Yes r= No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) AA degree, studied areas include, accounting, finance, economics, logic and creative problem solving. Have taken a deep dive into Corpus Christi city government and water issues over the past 4-5 years. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applied for one board. Why are you interested in serving on a City board, commission or committee? I am interested in serving on this board because I have read all the board minutes since the foundation of the board in 2006. 1 have read the rules of the board and the groundwater management plan. I understand the history of the board and the purpose of this board that was authorized by SB 1831. 1 have attended all recent meetings of the board. I wish to help the board accomplish its mission and to move forward with aquifer storage and recovery. This will benefit the Coast Bend region during times of drought. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r- No Are you a current candidate in an election for a non-city public office? ;- Yes (. No John Weber Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA Demographics Gender rj Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No John Weber If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Note, regarding the following question regarding residency requirement. I had to check "I Agree" to continue. I do not agree, as I am currently not a resident. This is a generic form for city boards. The board I am applying to is not a city board. According to the Rules and Regulations of the Board, there are no residency requirements. Per the 2023 May 31 minutes, Aimee Alcorn-Reed (Assistant City Attorney) stated "This is not a City board". Per the 2025 Sept. 10 minutes, discussion per Lisa Aguilar (City Attorney's Office, " It was noted that we are a stand-alone entity and, therefore, will have our own information separate from the City." Board-specific questions (if applicable) Verification John Weber City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree John Weber REINVESTMENT ZONE NO.7(LONDON)BOARD Seven(7)vacancies with the terms ending 12-13-2026,representing the following category:7-City.Nueces County may appoint 5 members to the board with City Council confirmation.Nueces County appointed the following:Jimmy Dodson,Joe A.Gonzalez,John Marez,Mike Pusley,and Connie Scott.Council shall appoint one member of the Board to serve as chairman for a term of one year that begins on January 1,2026. Duties The Board shall make recommendations to the City Council concerning the administration,management,and operation of the Zone.The Board shall prepare or cause to be prepared and adopt a project plan and a reinvestment zone financing plan for the Zone(hereinafter referred to as the"Project and Finance Plan")as required by the Act,and shall submit the Project and Finance Plan to the City Council for approval.The Board shall consider amendments to the Project and Finance Plan on its own initiative or upon submission by the City Council,but amendments considered by Board shall not take effect unless and until adopted by City Council. Composition The City Council hereby creates a board of directors for the Zone(hereinafter referred to as the"Board").The Mayor and Council Members may serve as Board members.The board of directors for the Zone may consist of up to 15 members.The Board shall be appointed as follows:(a)Under Section 311.009(a),Texas Tax Code,the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone.Each governing body may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within 30 days of receiving written notice of its right to appoint.The remaining members of the Board are appointed bythe City Council of the City.The City Council that designated the zone may appoint not more than 10 directors to the board;except that if there are fewer than five directors appointed bytaxing units,the City Council may appoint more than 10 members as long as the total membership of the board does not exceed 15.Terms of Board members are two years.Terms must be staggered,with the first term of 8 City Council appointees beingfor one year. Officers must be appointed as provided in the Act.The Board members appointed to the Board shall be eligible to serve on the Board if that person is at least 18 years of age.Each year the City shall appoint one member of the Board to serve as chairman for a term of one year that begins on January 1 of the year. Creation/Authority Meets Member size Term length/limit Staff liaison Ord 033830,1-13-2026 TBD 15 2 years/N/A Joe Escobar Name Term Appt.date End date Appointing Authority Position Status Category Vacant 1 1/27/2026 12/13/2026 City Council Active City Vacant 1 1/27/2026 12/13/2026 City Council Active City Vacant 1 1/27/2026 12/13/2026 City Council Active City Vacant 1 1/27/2026 12/13/2026 City Council Active City Vacant 1 1/27/2026 12/13/2026 City Council Active City Vacant 1 1/27/2026 12/13/2026 City Council Active City Vacant 11 1/27/2026 12/13/2026 1 City Council lActive lCity Jimmy Dodson 11 1/14/2026 12/13/2027 1 City Council Confirmation I JActive I Nueces County 1-27-2026 Name Term Appt.date End date Appointing Authority Position Status Category Joe A.Gonzalez 1 1/14/2026 12/13/2027 City Council Confirmation Active Nueces County John Marez 1 1/14/2026 12/13/2027 City Council Confirmation Active Nueces County Mike Pusley 1 1/14/2026 12/13/2027 City Council Confirmation Active Nueces County Connie Scott 1 1/14/2026 12/13/2027 City Council Confirmation Active Nueces County Vacant 1 1/27/2026 12/13/2027 Del Mar College Active Del Mar College Vacant 1 1/27/2026 12/13/2027 City Council Confirmation Active Del Mar College Vacant 11 1/27/2026 12/13/2026 1 City Council I lActive I Development Representative 1-27-2026 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 corpuschristitx.gov o Meeting Minutes City Council Tuesday,January 13,2026 11:30 AM Council Chambers A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:35 a.m. B. Invocation to be given by Joshua Fraedrick. Joshua Fraedrick gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by William Pyle, senior at Richard King High School. William Pyle, senior at Richard King High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gilbert Hernandez,Council Member Sylvia Campos,Mayor Paulette Guajardo,Council Member Eric Cantu,Council Member Mark Scott,Council Member Kaylynn Paxson, and Council Member Everett Roy E CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 26-0011 Policy Items for 2nd Quarter of Fiscal Year 2026. City Manager Peter Zanoni presented information on the Policy Items for 2nd Quarter of Fiscal Year 2026 as follows: Bond 2026; FY 2027 budget; process crime control and prevention district renewal; food service permit fee (SB 1008); residential streets funding; beach permit ILA agreement; amendments on impact fees/trust funds; TIRZ No. 7 creation; TIRZ creation policy; sales tax implementation plan; project finance zone for Hilliard Center; housing needs assessment; water supply projects (Inner Harbor); Far Field; level 1 water emergency; and policy items for 2nd quarter FY 2026. City Manager Zanoni responded to Council questions. City of Corpus Christi Pagel Printed on 111512026 City Council Meeting Minutes January 13, 2026 F. PUBLIC COMMENT G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 2) 2. 25-2020 Island Strategic Action Committee Landmark Commission Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Island Strategic Action Committee: Appointed: Terry J. Brown and Natalia Muse Landmark Commission: This board appointment was tabled to seek further applications. H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 3 - 14) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 5, 6, and 11 were pulled for individual consideration. Council Member Campos moved to approve the consent agenda with the exception of Items 5, 6, and 11, seconded by Council Member Vaughn. The motion carried by the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 3. 25-1969 Approval of the December 16, 2025 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 4. 25-1779 Ordinance authorizing the acceptance of two grant awards for a total amount of $12,906.00 from the Department of State Health Services through the Emergency Medical Services County Regional Advisory Council Grant Program City of Corpus Christi Page 2 Printed on 111512026 City Council Meeting Minutes January 13, 2026 for funding for emergency medical service supplies and equipment, education, and training for the Corpus Christi Fire Department; and appropriating $12,906.00 into the Fire Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033828 5. 25-1815 Ordinance authorizing the B Corporation's Texas State Aquarium ("TSA") Parking Lot Project, totaling up to $2,000,000.00, from the B Corporation for TSA visitor parking lot infrastructure improvements; accepting and appropriating funding for the project totaling $2,000,000.00, from the B Corporation unreserved fund and amending the FY 2025-26 budget. City Manager Peter Zanoni, Interim Assistant City Manager Dan McGinn, City Attorney Miles Risley, and President and Chief Executive Officer of the Texas State Aquarium Jesse Gilbert responded to Council questions. 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: 8- Council Member Barrera, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Vaughn Abstained: 0 Enactment No: 033829 6. 25-1820 Ordinance of the City Council of the City of Corpus Christi, Texas, designating a contiguous geographic area within the extraterritorial jurisdictional limits of the city as a Tax Increment Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code, to be known as Reinvestment Zone Number Seven, City of Corpus Christi; Describing the boundaries of the zone; Creating a board of directors for the zone; Creating subzones within the zone; Establishing a tax increment fund for the zone; Containing findings related to the creation of the zone; Providing a date for the termination of the zone; Providing that the zone take effect immediately upon passage of the ordinance; Providing a severability clause; and Providing an effective date. Interim Assistant City Manager Dan McGinn responded to Council questions. Council Member Barrera 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 3 Printed on 111512026 City Council Meeting Minutes January 13, 2026 Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Campos Abstained: 0 Enactment No: 033830 7. 25-1799 Ordinance accepting a grant of$7,000.00 from the Can'D Aid Foundation to support recycling and community engagement at large local events; and appropriating the amount in the FY 2026 Solid Waste Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033831 8. 25-1836 Zoning Case No. ZN8885, Andrea and Daovone Xayasene (District 3). Ordinance rezoning a property at or near 5113 Larcade Drive from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033832 9. 25-1837 Zoning Case No. ZN8910, Paul and Melba Savoy (District 1). Ordinance rezoning a property at or near 3202 East Causeway Boulevard from the "CR-1" Resort Commercial District to the "RM-AT" Multifamily Apartment Tourist District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033833 Consent- Contracts and Procurement 10. 25-1829 Resolution authorizing execution of a three-year supply agreement with two one-year option periods, with Hach Company, of Loveland, Colorado, in the amount of$2,700,000.00 to purchase necessary instruments, components, and reagent consumables to meet operational needs of Corpus Christi Water, with FY 2026 funding of$445,000.00 from the Water Fund and $210,000.00 from the Wastewater Fund, for a combined total of$655,000.00. This Resolution was passed on the consent agenda. Enactment No: 033834 Consent-First Reading Ordinances City of Corpus Christi Page 4 Printed on 111512026 City Council Meeting Minutes January 13, 2026 General Consent Items 11. 25-1934 One-reading emergency ordinance approving the twelfth amendment to the Tax Increment Reinvestment Zone (TIRZ) #3 Project & Financing Plan to allow reimbursement, not to exceed $2,000,000.00, to government agencies that participate in the TIRZ #3 for demolition of publicly-owned buildings as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas, on January 13, 2026. Mayor Guajardo opened public comment. Rachel Caballero, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. City Manager Peter Zanoni and Executive Director of Corpus Christi Downtown Management District Arlene Medrano responded to Council questions. Council Member Barrera moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Campos Abstained: 0 Enactment No: 033835 12. 25-2009 Ordinance authorizing an amended Affordable Housing Project Loan Agreement between the Corpus Christi B Corporation and Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments, in the amount of $1,000,000 for the development of 75 affordable senior rental housing units located at 5501 Huntwick Avenue; appropriating $1,000,000 from the Type B Affordable Housing Fund; and amending the FY 2026 Operating Budget. This Ordinance was passed on first reading on the consent agenda. 13. 25-1983 Ordinance approving an amendment to the Tax Increment Reinvestment Zone No. 2 ("TIRZ #2") Operating Budget by authorizing the transfer of$2,100,166.00, from CIP reserve to the TIRZ#2 Operating Fund for the Briscoe King Pavilion Project; increasing funds in the amount of$2,100,166.00, for needed improvements and renovation to the Briscoe King Pavilion Project; appropriating $2,100,166.00, from the unreserved fund balance of the Reinvestment Zone No. City of Corpus Christi Page 5 Printed on 111512026 City Council Meeting Minutes January 13, 2026 2 Fund; and amending the FY 2026 operating budget adopted by Ordinance No. 033730 by increasing expenditures by $2,100,166.00, for payment to Nueces County for the Briscoe King Pavilion Project. This Ordinance was passed on first reading on the consent agenda. 14. 26-0075 Resolution of commitment to the Coastal Bend Water Alliance declaring unified commitment to the development of regional water supplies. This Resolution was passed on the consent agenda. Enactment No: 033836 J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:30 p.m. Executive Session Items 29-33 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:29 p.m. K. PUBLIC HEARINGS: (ITEMS 15 - 18) 15. 25-1807 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $252,720.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 12 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $252,720.00 to reimburse the developer in accordance with the agreement. (District 3). Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve Items 15-18, seconded by Council Member Cantu. These Ordinances were passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 16. 25-1809 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $62,040.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 13 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and City of Corpus Christi Page 6 Printed on 111512026 City Council Meeting Minutes January 13, 2026 Wastewater Trust Fund revenue up to $62,040.00 to reimburse the developer in accordance with the agreement. (District 3). See Item 15. Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 17. 25-2008 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $380,460.00 with MPM Development, LP to construct a 12-inch water arterial transmission grid main line for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $380,460.00 to reimburse the developer in accordance with the agreement. (District 5). See Item 15. Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 18. 25-1812 Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $227,100.00 with MPM Development to construct an off-site sanitary sewer improvement for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3 and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to the $227,100.00 to reimburse the developer in accordance with the agreement. (District 5). See Item 15. Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 26) 19. 25-2021 Ordinance authorizing an agreement for the Provision and Sale of Recycled Water from the Greenwood Wastewater Treatment Plant to Valero Refining - Texas, L.P. Interim Chief Operating Officer of Corpus Christi Water Nick Winkelmann provided an overview of the agreement. City of Corpus Christi Page 7 Printed on 111512026 City Council Meeting Minutes January 13, 2026 City Manager Peter Zanoni and COO Winkelmann responded to Council questions. Mayor Guajardo opened public comment. Jason Hale, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, Susie Luna Saldana, Corpus Christi, TX, Michael Miller, Corpus Christi, TX, and Jim Klein, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 20. 26-0056 Discuss and consider possible action to require General Public Comment to begin at 12:00 pm exactly and allow all registered speakers three (3) minutes to speak during Public Comment, regardless of residency effective January 27, 2026, as requested by Council Members Eric Cantu, Carolyn Vaughn, and Sylvia Campos. Council Members shared their desires and suggestions regarding the public comment period. Mayor Guajardo opened public comment. Susie Luna Saldana, Corpus Christi, TX, Scott Roslin, Nueces County, TX, Chris Cuellar, Nueces County, TX, Jason Hale, Corpus Christi, TX, Matthew Rankin, Corpus Christi, TX, Marilena Garza, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, Robin Cox, Corpus Christi, TX, Joshua Fraedrick, Corpus Christi, TX, and Melanie Sanchez, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. Council Member Cantu moved to amend the motion to require General Public Comment to begin at 12:00 p.m. and allow all in person registered speakers three minutes to speak during public comment regardless of residency effective January 27, 2026, seconded by Council Member Barrera. This Motion was passed as amended and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy City of Corpus Christi Page 8 Printed on 111512026 City Council Meeting Minutes January 13, 2026 Abstained: 0 Enactment No: M2026-001 21. 26-0057 Discuss and consider possible action to eliminate Drought Exemption Fee, as requested by Council Members Sylvia Campos, Carolyn Vaughn, and Eric Cantu. This Item was postponed until January 27, 2026. 22. 26-0059 Discussion and possible action regarding the Type B Corporation Business Incentive Agreement with Next Sports Company, LLC, including related operational issues, actions involving utilities access, and the filing of criminal charges, and to provide direction to City Staff, as requested by Council Members Eric Cantu, Sylvia Campos, and Carolyn Vaughn. City Manager Peter Zanoni, Interim Assistant City Manager Dan McGinn, and City Attorney Miles Risley responded to Council questions. Mayor Guajardo opened public comment. Robin Cox, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, and Eran Hami, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. No action was taken. 23. 26-0054 Discuss and consider possible action to receive a comprehensive report from Corpus Christi Animal Care Services on daily operations, staffing levels, intake and outcome data, and current challenges. Also an update on the timeline and process for filing the Animal Care Services Director position, with clarification on leadership continuity during the transition, as requested by Council Members Eric Cantu, Carolyn Vaughn, and Kaylynn Paxson. City Manager Peter Zanoni, Assistant City Manager Sony Peronel, Director of Animal Care Services Kathleen Chapa, and Assistant Director of Animal Care Services Cynthia Martinez responded to Council questions. No action was taken. 24. 26-0058 Discuss and consider possible action to adopt a zero-tolerance policy stating that the euthanization of healthy or treatable animals at Corpus Christi Animal Care Services for space, capacity, or operation reasons is strictly forbidden, will not be authorized, and will not be justified under any circumstances, with mandatory reporting and oversight to ensure compliance, as requested by Council Members Eric Cantu, Carolyn Vaughn, and Kaylynn Paxson. City of Corpus Christi Page 9 Printed on 111512026 City Council Meeting Minutes January 13, 2026 City Manager Peter Zanoni, Assistant City Manager Sony Peronel, Director of Animal Care Services Kathleen Chapa, and Assistant Director of Animal Care Services Cynthia Martinez responded to Council questions. Mayor Guajardo opened public comment. Rene Hammock, Corpus Christi, TX, Elizabeth Lily, Corpus Christi, TX, Melissa Nucete, Corpus Christi, TX, Carrie Morales, Corpus Christi, TX, Roland Rodriguez, Corpus Christi, TX, Veronica Lankford, Corpus Christi, TX, and Kelly Segura, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. Council Member Cantu moved to approve the motion, seconded by Council Member Vaughn. The Motion failed with the following vote: Aye: 3- Council Member Vaughn, Council Member Hernandez and Council Member Cantu Nay: 4- Council Member Barrera, Council Member Campos, Mayor Guajardo and Council Member Scott Absent: 1 - Council Member Paxson Abstained: 1 - Council Member Roy Enactment No: 25. 26-0061 Consideration and discussion of whether Ordinance No. 033350 (File No. 24-0256), relating to the Type B economic development agreement with Elevate QOF, LLC, was adopted in compliance with the City Charter, City Code, and Council procedural requirements, including but not limited to: 1. Whether the ordinance received two valid readings on separate dates as required, given passage on first reading on February 20, 2024, withdrawal from the February 27, 2024, agenda, and adoption on April 23, 2024; 2. Whether substantive changes to the ordinance caption, stated purpose, and funding justification between the first and second readings constituted amendments requiring a formal Council vote prior to final adoption; and 3. Whether the absence of a voted amendment affects the validity of the April 23, 2024, adoption. Receive a written legal and procedural analysis from Scott, Ray, Pemberton, & Goll, PLLC Attorneys at Law, followed by Council discussion and direction, including whether reconsideration, ratification, amendment, or other corrective action is required to ensure procedural compliance, as requested by Council Members Carolyn Vaughn, Sylvia Campos, and Gil Hernandez. City of Corpus Christi Page 10 Printed on 111512026 City Council Meeting Minutes January 13, 2026 This Item was postponed until January 27, 2026. 26. 26-0060 Discuss and consider possible action pertaining to the disclosing of information from an Executive Session and consequences if any, as requested by Council Members Carolyn Vaughn, Gil Hernandez, and Sylvia Campos. City Attorney Miles Risley and City Manager Peter Zanoni responded to Council questions. No action was taken. M. BRIEFINGS: (ITEMS 27 -28) 27. 26-0009 Corpus Christi Water Update on Water Supply with a focus on the Evangeline Project. Interim Chief Operating Officer Nick Winkelmann and Director of Water Supply Management Brett Van Hazel presented information on the following topics: discussion topics; National Weather Service Update-seasonal temp/precip outlook; 7-day streamflow anomaly; climatological precipitation; water supply dashboard; Lake Texana; Evangeline Groundwater Project-project overview; upcoming actions; Nueces Groundwater Program; Well Field Monitoring Program; Inner Harbor Seawater Desalination Project; Far Field Advisory Process; Far Field Advisory Committee; Far Field Model Limits; Far Field Modeling Timeline; Reclaimed Water Infrastructure; Water Conservation Plan; Water Conservation Plan Advisory Committee; and Water Supply Project website. Interim COO Winkelmann and Director Van Hazel responded to Council questions. 28. 26-0010 Update on the City's Consent Decree with the United States Environmental Protection Agency, Texas Commission on Environmental Quality, and the United States Department of Justice. This Item was postponed until January 27, 2026. N. EXECUTIVE SESSION: (ITEMS 29 -33) 29. 25-2027 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 rules and regulations of state of Texas, EPA, TCEQ, TWDB, Corpus Christi Aquifer Storage and Recovery Conservation District, water wells, Special District Local Laws Code § 8811.001, et. Seq., Texas Water Code § 36.001, et. Seq., 31 TAC Chapter 356 and other regulations related to groundwater management, and Texas Gov't Code § 551.074 (personnel matters) to deliberate the potential appointment of a member to the Board of Directors of the Corpus Christi Aquifer Storage and Recovery Conservation District City of Corpus Christi Page 11 Printed on 111512026 City Council Meeting Minutes January 13, 2026 This E-Session Item was discussed in executive session. 30. 25-1976 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 rules and regulations of state of Texas, EPA, TCEQ, TWDB, Texas Railroad Commission, San Patricio County Groundwater Conservation District, and legal rights, property rights, and/or contracts related to purchase and/or sale of groundwater, including water rights in property accessing the Evangeline Aquifer in San Patricio County adjacent and/or near US Highway 181, US Highway 77, US Highway 77 Business, Highway 89, and/or the Aransas River, 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 limited to, potential consideration of authorization to enter agreement(s) for professionals for services related to these property rights, interlocal agreements and other agreements with government entities near the aforementioned property(ies) and/or 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. 31. 26-0008 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 rules and regulations of the State of Texas and federal government, U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Water Development Board, the Corpus Christi Aquifer Storage and Recovery Conservation District, other regulatory entities, and legal rights, property rights, and contracts related to potential purchase and value of property rights to land at/near the Nueces River and/or Cayamon Creek, and Texas Government Code § 551.072 to discuss and deliberate the purchase and/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 property rights at or adjacent to locations (if any) described herein. This E-Session Item was discussed in executive session. 32. 26-0012 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 Chapter 351 of the Texas Tax Code, Chapter 372 of the Texas Local Government Code, statutes and regulations related to hotel occupancy taxes and audits and other collection activities related to hotel occupancy taxes. City of Corpus Christi Page 12 Printed on 111512026 City Council Meeting Minutes January 13, 2026 This E-Session Item was discussed in executive session. 33. 26-0020 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 claim against the City by Raul A/onso, Jr. for personal injuries related to a motor vehicle accident, potential litigation concerning said claim, updates on litigation in other cases, and potential consideration of settlement(s) related to the aforesaid claim and/or lawsuit. This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the City Manager or designee to execute all documents necessary to settle all claims for which the City may be liable to Raul Alonso or related beneficiaries, in an amount not to exceed $250,000. Council Member Barrera moved to approve the motion, seconded by Council Member Scott and passed with the following vote: Aye: 7- Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott and Council Member Roy Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Paxson Abstained: 0 Enactment No: M2026-002 O. GENERAL PUBLIC COMMENT Mayor Guajardo opened public comment. The following individuals spoke: Marilena Garza, Corpus Christi, TX, Jeff Lehrman, Corpus Christi, TX, Whitney Chapman, Corpus Christi, TX, Susie Luna Saldana, Corpus Christi, TX, Robin Cox, Corpus Christi, TX, Melanie Sanchez, Corpus Christi, TX, Trian Serbu, Corpus Christi, TX, Elizabeth Pena, Corpus Christi, TX, Melissa Nucete, Corpus Christi, TX, Saskia Murray, Corpus Christi, TX, Matthew Rankin, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, Jason Hale, Corpus Christi, TX, Monna Lytle, Corpus Christi, TX, and Carina Libretto, Corpus Christi, TX. The following individual submitted a written public comment which is attached to the minutes: Janet Newcomb, Corpus Christi, TX. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 9:15 p.m. City of Corpus Christi Page 13 Printed on 111512026 Monday,January 12, 2026 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,January 13,2026 Name Janet Newcomb Address 1314/Meadowlane Dr Corpus Christi,TX,78412 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 Fix the Drought exemption fee Agenda Item Number 21 Comment My name is Janet Newcomb, and I'm fed up. I use under 3,000 gallons a month—short showers, recycle water, ripped out my pool to save every drop in this drought.Yet my rates have increased. That's real sacrifice. We're in Stage 3,reservoirs at 10%,emergency cuts looming—because residents like me have cut back hard. Big industry guzzles —60%of our water—more than all households—and gets a voluntary exemption giveaway on surcharges the city never enforces. This fee is cheap insurance for them: millions for drought-proof projects we need, but scrapping it guts revenue and slaps higher rates on low-usage families who've sacrificed plenty. Stop protecting big industry at our expense. Don't eliminate it—fix it: Make heavy users pay mandatorily,tie exemptions to real conservation,force them to cut like us. No more shifting pain to families. Residents bleed conservation; industry rides free. End it. Demand shared sacrifice—now—for our water survival. 7 Provide an email to receive a copy of tropwatch36@yahoo.com your submission. 2 CITY OF CORPUS CH RISTI AGENDA MEMORANDUM Action Item for the City Council Meeting January 13, 2026 Second Reading January 27, 2026 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Nicholas J. Winkelmann P.E. Interim Chief Operating Officer NickWa-corpuschristitx.gov 361-826-1796 Ordinance authorizing an agreement for the Provision and Sale of Recycled Water from the Greenwood Wastewater Treatment Plant to Valero Refining — Texas, L.P. CAPTION: Ordinance authorizing the City Manager to execute a 30-year Agreement for the Provision and Sale of Recycled Water between the City of Corpus Christi and Valero Refining —Texas, L.P., establishing delivery rights, pricing, infrastructure responsibilities, and regulatory compliance requirements for the provision of up to 8 million gallons per day of Type II reclaimed water from the Greenwood Wastewater Treatment Plant. SUMMARY: Valero Refining is undertaking significant capital improvements to enable long-term use of recycled wastewater for industrial cooling operations. This agreement formalizes the City's commitment to deliver reclaimed water from the Greenwood Wastewater Treatment Plant (GWWTP), supporting industrial water conservation, reducing demand on potable and raw water supplies, and advancing regional water-supply resiliency. BACKGROUND AND FINDINGS: The City of Corpus Christi holds TCEQ Authorization No. R10401003, which permits the production and delivery of Type II reclaimed water for industrial uses, including cooling tower operations. Valero has reviewed the authorization and intends to transition a significant portion of its industrial water demand to recycled wastewater, reducing reliance on potable and raw water supplies. This shift supports long-term regional water-supply resiliency and aligns with the City's strategic goals for conservation and sustainable industrial growth. Under the proposed agreement, the City will initially make available up to 3 million gallons per day (mgd) of recycled water from the Greenwood Wastewater Treatment Plant (GWWTP), with the ability to supplement flows using treated effluent transported from the Oso Wastewater Treatment Plant. Valero plans to expand its use to 8 mgd ("Phase II Quantity") following completion of major infrastructure investments. The City will use commercially reasonable efforts to make the Phase II Quantity available within five years. If the expanded volume is not available within that timeframe, the agreement provides for a prorated monthly credit to Valero, capped at $5 million, reflecting Valero's substantial capital investment. Valero will design, construct, and fund a 24-inch transmission pipeline, a 10-million-gallon storage tank at GWWTP, and associated right-of-way withing three years of signing this agreement. Upon completion, these assets will be dedicated to the City, expanding the City's long-term recycled-water delivery capacity. In recognition of this contribution, the standard reservation fee for securing recycled-water capacity is waived for three years, with extensions available if construction timelines are mutually adjusted. Valero will pay the City's raw water cost adjustment rate for metered recycled water, consistent with City ordinance, and will reimburse the City for chemicals, electricity, and mutually agreed-upon treatment processes associated with producing and delivering the water. Valero will also pay its proportional share of operation and maintenance costs for shared delivery infrastructure, with annual itemized reporting and audit rights. The agreement establishes priority rights for Valero due to the economic importance of its refinery operations and its investment in City-owned infrastructure. If recycled-water supplies are constrained, the City must curtail other recycled-water users before reducing Valero's allocation, except for irrigation necessary to maintain City assets. The agreement also clarifies that recycled-water use by industrial customers reduces demand on potable and raw water supplies, providing drought-resiliency benefits. Accordingly, Valero's recycled-water use will be fully exempt from treated-water restrictions under the City's drought contingency plan permitted by law. Recycled water delivered under the agreement must meet Type II quality standards, and the City will pursue additional performance targets for phosphates, turbidity, and chlorine using treatment processes funded by Valero. The agreement includes provisions for sampling, quality verification, suspension of service if minimum standards cannot be met, and cooperative problem-solving if influent conditions change. The agreement term is 30 years from the Delivery Commencement Date, with mutual extension options and five-year compliance reviews to ensure alignment with evolving regulatory requirements. ALTERNATIVES: The alternative would be for the city not to enter into an agreement with Valero Refining-Texas, L.P. and continue selling just treated water. FISCAL IMPACT: There is no fiscal impact to Corpus Christi Water in FY 2026. Under the terms of the agreement, reclaimed water deliveries to Valero are expected to begin within three years. The projected initial transition from 3 mgd of treated water sales to recycled water sales, based on the current rate structure, would result in an estimated revenue loss of approximately $4,752,300. If this transition were to occur today, the corresponding effect on customer bills would be an estimated monthly increase of $0.30 for an average Inside City Limit Residential customer using 6,000 gallons a month, $0.12 for an Inside City Limit Commercial customer using a 2" meter and 20,000 gallons a month, and $47,700 for an Outside City Limit Large Volume customer using a 10" meter and 90,000,000 gallons a month. The phase II transition of up to 8 mgd of treated water sales to recycled water sales, based on current rate structure would result in an estimated revenue loss of approximately $12,672,800. If this transition were to occur today, the corresponding effect on customer bills would be an estimated monthly increase of $0.80 for an average Inside City Limit Residential customer using 6,000 gallons a month, $0.32 for an Inside City Limit Commercial customer using a 2" meter and 20,000 gallons a month, and $127,200 for an Outside City Limit Large Volume customer using a 10" meter and 90,000,000 gallons a month. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends the approval of the ordinance to authorizing an agreement for the Provision and Sale of Recycled Water from the Greenwood Wastewater Treatment Plant to Valero Refining —Texas, L.P. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement for the Provision and Sale of Recycled Ordinance authorizing the City Manager to execute a 30-year Agreement for the Provision and Sale of Recycled Water between the City of Corpus Christi and Valero Refining — Texas, L.P., establishing delivery rights, pricing, infrastructure responsibilities, and regulatory compliance requirements for the provision of up to 8 million gallons per day of Type II reclaimed water from the Greenwood Wastewater Treatment Plant. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee Chief Operating Officer is authorized to execute a 30-year Agreement for the Provision and Sale of Recycled Water between the City of Corpus Christi and Valero Refining — Texas, L.P., establishing delivery rights, pricing, infrastructure responsibilities, and regulatory compliance requirements for the provision of up to 8 million gallons per day of Type I I reclaimed water from the Greenwood Wastewater Treatment Plant. A copy of the executed Agreement will be filed in the Office of the City Secretary. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Agreement for the Delivery of Recycled Water Between Valero Refining—Texas,L.P. and City of Corpus Christi This Agreement for the Delivery of Recycled Water (the "Agreement") is made by and between The City of Corpus Christi (the "City") and Valero Refining — Texas, L.P. ("Valero"). Valero and the City may hereinafter be referred to as a"Party" or collectively as the "Parties". WHEREAS, Valero operates two petroleum refineries located near Corpus Christi, Texas; WHEREAS, City and Valero would like to enter into an agreement for the delivery of treated wastewater effluent("Recycled Water") from the Greenwood Wastewater Treatment Plant("GWWTP"); WHEREAS, the Parties agree and acknowledge that City has received Authorization No. R10401003 issued by the Texas Commission on Environmental Quality("TCEQ")which approves City's transmission of Type 11 reclaimed water for, among other matters, industrial use for cooling towers, in compliance with a series of conditions/restrictions and Chapter 210 of the Texas Administrative Code (Chapter 210); WHEREAS, Valero has received and reviewed a copy of Authorization No. R10401003; WHEREAS, the Parties acknowledge and agree that Valero will be required to make a substantial capital investment on infrastructure necessary to insure that Recycled Water supplied by the City can be used for Valero's industrial purposes; WHEREAS, the Parties agree and acknowledge that this Agreement and any future agreements shall require compliance with the City's Code of Ordinances, specifically including the City's recently adopted Ordinance for Recycled Water under Article XIX of Chapter 55 (the "Code"); WHEREAS, the Parties acknowledge that City Ordinance No. 033742 amended Section 55-594 of the City Code to establish that the rate for recycled/reclaimed water service is the same as the City's raw water cost adjustment rate; and WHEREAS, the Parties further acknowledge that City Ordinance No. 033736 amended Section 55-50(b)(17) of the City Code to set the raw water cost adjustment rate and related provisions, both ordinances being effective January 1, 2026; NOW, THEREFORE, for and in consideration of mutual covenants herein contained, and other good and valuable consideration, it is agreed by and between the Parties as follows: I. Reserved. IL Quantity. A. Basic Quantity. The City agrees to deliver to Valero Recycled Water produced at the GWWTP during the 30-year term. Subject to the City's existing irrigation demands being met, Valero shall have the exclusive right up to three (3) mgd of Recycled Water produced at the GWWTP. The term"deliver" shall mean and require all commercially reasonable efforts to assure that the quality 1 and quantities of Recycled Water provided for in this Agreement are available to Valero at the Delivery Point (as that term is defined in Section III.A. of this Agreement) pursuant to the terms of this Agreement. For purposes of this Agreement,the quantity of Recycled Water delivered shall be that as measured by the City at the Delivery Point. The source of the Recycled Water will be the GWWTP and may also include Recycled Water transported to GWWTP from the Oso Wastewater Treatment Plant ("Oso WWTP"); however, the City may, at its option and sole discretion, substitute or include water from sources other than the GWWTP such as the Oso Wastewater Treatment Plant in order to perform its obligations hereunder,if such water otherwise meets the quantity and quality requirements of this Agreement. Notwithstanding any other provision in this Agreement, the City has no obligation or liability whatsoever to make up for any insufficiency in the quality or quantity of Recycled Water it is able to provide to Valero when using commercially reasonable efforts and Valero has no obligation or liability whatsoever to take or pay for any Recycled Water not made available by the City and/or not meeting the quality requirements set forth in this Agreement. B. Delivery Quantities. The Parties understand and agree that Valero may, in its sole discretion, elect not to take delivery of Recycled Water. Valero shall provide ten (10) days written notice to the City if Valero elects to not take delivery or to suspend delivery of Recycled Water. If Valero elects to take delivery of Recycled Water, then on or before the 20th day of each month, Valero shall notify the City of the amount of Recycled Water the City shall deliver to Valero the following month and the delivery schedule for such Recycled Water. The City shall deliver such amounts to Valero in accordance with the notifications. In addition to other remedies provided by this Agreement,if the City fails to provide the required quantity and quality of Recycled Water,Valero need not make the payment for that month and Valero shall have no obligation to make further payments until water is being provided in the required quality and quantity. The City acknowledges and agrees that Valero may transfer the Recycled Water to affiliated entities and/or third parties for use in Valero's refinery operations at terms solely within Valero's discretion. If the City knows that it will be unable to deliver the required quantities of Recycled Water or an alternate supply,then the City shall provide Valero with no less than ten(10)business days written notice; provided however, that if maintenance is required to be scheduled and conducted on less than 10 business days notice, then the City shall give Valero immediate verbal notice and written notice as soon as practicable. C. Right to Additional Recycled Water. The Parties acknowledge that Valero intends to increase its maximum daily delivery amount to 8 mgd ("Phase II Quantity")upon completion of necessary infrastructure. The City shall use commercially reasonable efforts to make the Phase II Quantity available within 5 years of the Effective Date. If the Phase II Quantity is not available within such five-year period, Valero shall be entitled to a monthly credit, applied to its Monthly Payments, equal to a prorated portion of Valero's capital costs allocated over the remaining term of this Agreement (Prorated Monthly Credit = Total Capital Costs/180 months), not to exceed an aggregate total of $5 million. Such credits shall accrue only until the earlier of (a) the date the Phase II Quantity becomes available for delivery and Valero commences taking such quantity, or (b)the date the$5,000,000 aggregate cap is reached.Upon commencement of delivery of the Phase II Quantity, no further credits shall apply. As used in this Agreement, "available for delivery" means that (a) construction and installation of all infrastructure necessary to deliver Recycled Water under this Agreement has been completed, and (b) Recycled Water meeting the quantity 2 and quality specifications set forth in this Agreement can be delivered to the delivery point(s) designated herein. D. Metering. 1. The Parties agree that metering facilities are necessary to measure the quantities of the flow of all Recycled Water delivered to Valero. 2. Valero shall install a flow meter at the Delivery Point (the "Delivery Point Meter"). The flow meter at the Delivery Point shall be owned solely by Valero. The City shall install a meter at the GWWTP at the point at which the Recycled Water enters the pipeline delivery system for delivery to the Valero refineries (the "GWWTP Delivery Meter"). The City shall install a meter for the GWWTP discharge to measure the City's discharge (the "GWWTP Discharge Meter"). The City shall be responsible for the maintenance and repair of all City metering facilities required by this Agreement. The City shall permit Valero's employees or agents to enter upon the City's premises at reasonable times for the purpose of reading, inspecting or testing the accuracy of the metering equipment. 3. The City shall inspect, test, and calibrate the metering facilities at least once a year and any inaccuracy discovered by such test shall be promptly corrected by the City. Valero shall provide the City access to the Delivery Point at reasonable times to conduct the necessary inspections, testing, and calibrations of the metering facilities. Either Party shall have the right to have any meter tested at any time at its expense. An authorized representative of each Party shall be afforded a reasonable opportunity to be present at all meter inspections and tests. If at any time a meter is found inaccurate by more than 2%, an adjustment shall be made to compensate for the effect of such inaccuracy back to the last meter calibration. For example, if the meter is determined to be reading high by 5%, then the metered amount shall be adjusted down by 5% back to the last meter calibration, unless the Parties agree on a different period based on available data evidencing when the meter's accuracy changed. 4. If at any time a meter should fail to register or its registration should be so erratic as to be meaningless, the quantities such meter was intended to record shall be determined first by difference or balance, if possible, or if not, based on the previous representative monthly average usage per day for the pertinent meter. The Parties may also make metering and measurement adjustments based on a mutually agreed upon methodology. III. Delivery and Warranty of Title A. Delivery. The City shall deliver to Valero the Recycled Water sold by the City under this Agreement, at the meter to be located at one of the Valero Corpus Christi Refineries(the"Delivery Point"). See Exhibit I hereto for the location of the metering station. Title to such Recycled Water shall pass to Valero at the Delivery Point. B. Warranty of Title. The City warrants full, clear and complete title to all Recycled Water delivered and conveyed by the City hereunder. In the event that(a)the pendency of any unresolved 3 proceeding involving issues of title significantly impairs Valero's use of Recycled Water under this Agreement, or(b)there is a nonappealable Order or Judgment that the City does not have full, clear and complete title, then, in addition to any other remedies Valero may have under this Agreement, at law or in equity,Valero need make no further payments under this Agreement. IV. Cost. A. Monthly Payments. Except to the extent limited or provided elsewhere in this Agreement, Valero shall make payments to the City for Recycled Water as follows: (i) Valero shall make a payment each month ("Monthly Payment") to the City for Valero's metered usage of Recycled Water, as measured at the Delivery Point. For Recycled Water as measured at the Delivery Point, Valero will pay at the City's then-current raw water cost adjustment rate established by City ordinance pursuant to Section 55-50(b)(17) of the City Code, as amended from time to time, together with any applicable changes required by law, together with any applicable raw water supply development fee and other charges required by law, as such rates and fees may be amended from time to time and incorporated into the approved rate base for residential and industrial users. The parties acknowledge and agree that these rates and fees are established by ordinance and apply uniformly to all customers except as expressly exempted by ordinance. In addition to the applicable water rate,Valero shall reimburse the City for(i)the actual cost of coagulant and bleach used at GWWTP and at Oso WWTP in connection with the Recycled Water delivered to Valero, and(ii)the actual costs of any mutually agreed upon treatment processes (including chemicals) or equipment utilized at GWWTP and at Oso WWTP in connection with such delivery and (iii) the actual electricity costs incurred to pump the Recycled Water to the Delivery Point. In the event of a line break or major leak, the Parties will negotiate an adjustment to the Monthly Payment expeditiously and in good faith. (ii) Prior to the availability of the Phase 11 Quantity (as defined below), if Valero, in its sole discretion, elects to take delivery of less than 3 mgd of Recycled Water, and provided that Recycled Water meeting the quality standards set forth in this Agreement is available for delivery, then it will pay the City at the rate described above for undelivered Recycled Water actually produced at the GWWTP, up to 3 mgd (the "Minimum Daily Delivery Amount" or the "take-or-pay quantity"). Upon the Phase II Quantity becoming available for delivery and Valero commencing receipt of such quantity, the Minimum Daily Delivery Amount and "take-or-pay quantity" shall automatically increase to 8 mgd, and Valero shall pay the City at the rate described above for any shortfall below 8 mgd, subject to the same quality requirements. (iii)Valero shall become obligated for these payments beginning on the Delivery Commencement Date. (iv) Valero shall make the Monthly Payment to the City within forty-five (45) days of the end of each month. The"Delivery Commencement Date"means the date that delivery of Recycled Water to Valero begins. B. Reservation Fee Waiver. The Parties acknowledge that the standard reservation fee, equal to fifty percent (50%) of the take-or-pay quantity, for securing Recycled Water capacity is waived for three (3) years in full in consideration of Valero's commitment to upsize the pipeline to 24 inches, construct the 10,000,000 gallon storage tank at GWWTP, and dedicate the pipeline,tank, and associated right-of-way to the City. If the Parties mutually agree in writing to extend the construction completion deadline under Section X, the waiver period shall be extended for the same duration. The requirement to pay the standard reservation fee ceases upon construction completion of the upsized pipeline,tank, and formal dedication to the City,regardless of whether 4 such completion occurs after the original three-year period, provided the delay is due to circumstances permitted under Section X or agreed extensions. C. Full and Fair Compensation. Except as otherwise expressly provided herein, all costs of operating and maintaining the GWWTP, and any treatment facilities, including chemicals and additives, required to achieve the minimum quality standards set forth in Section IX.A. of this Agreement shall be borne solely by the City. The Parties acknowledge and agree that the rates agreed to in Section IV.A., together with any future cost adjustments to the raw water cost adjustment rate as established by City ordinance, constitute full and fair compensation for Recycled Water that meets the quality requirements set forth in Section IX.A. of this Agreement. No additional charges shall be imposed on Valero for the City's compliance with its obligations under Section IX.A, except as specifically provided in Section IV.A. D. Shared O&M Costs. Valero shall pay its pro rata share of the costs for operation and maintenance of the shared delivery infrastructure,including but not limited to the pipeline,pumps, electrical systems, and cathodic protection ("O&M Costs"). Valero's share shall be calculated based on the ratio of the volume of Recycled Water delivered to Valero through the shared infrastructure to the total volume of Recycled Water delivered through such infrastructure to all users during the applicable billing period. The City shall provide Valero with an annual itemized statement detailing total O&M costs,total volume delivered, and Valero's calculated share. Valero shall have audit rights to verify the accuracy of such calculations. E. Reserved. F. Valero Remedies for Non-Delivery Due to Force Majeure. If the City is unable to deliver Recycled Water, in whole or in part, due to Force Majeure, the City shall provide Valero with an alternate water supply in the same quantity and at the same quality,including potable or raw water, at the City's then-current rate for the type of water provided until Recycled Water delivery resumes. G. Valero Remedies for Non-Delivery Due to Reasons Other Than Force Majeure. The Parties acknowledge that delivery of Recycled Water at the City's then current raw water cost adjustment rate is a material obligation of this Agreement, given Valero's substantial capital investment in infrastructure constructed for and conveyed to the City. Monetary damages alone would be inadequate to compensate Valero for the City's failure to perform. Accordingly, Valero shall be entitled to seek and obtain specific performance of the City's delivery obligations and recover all damages allowed under law resulting from such failure,without limitation to the pursuit of specific performance, after notice and opportunity to cure. V. Effective Date and Term. A. Effective Date. The Effective Date of this Agreement is the date upon which it is approved by the City. B. Term. This term of this Agreement shall commence on the Effective Date and shall continue for thirty (30) years after the Delivery Commencement Date. Valero and the City shall mutually 5 agree in writing on the Delivery Commencement Date, which shall be the date that all facilities necessary for delivery are operational and delivery has commenced. . C. Five Year Compliance Review. This Agreement will be reviewed by the Parties every five years after the Delivery Commencement Date and revised to be fully compliant with all TCEQ permits and regulatory requirements. D. Mutual Extension. The Parties may mutually agree in writing to extend the term of this Agreement beyond the initial term. Any such extension shall be on terms and conditions agreed to by the Parties in good faith, including but not limited to delivery volumes, pricing, and infrastructure responsibilities. E. Right ofFirst Refusal. At the end of the initial term of this Agreement, and provided that the Parties have not reached agreement on an extension, if the City has received a more favorable offer for the same volume of Recycled Water from a third party, then the City shall provide Valero written notice of such third-party terms. Said notice shall be provided no less than forty-five (45) days before the expiration of the term of the Agreement. Valero shall have thirty (30) days to provide written notice to the City that it will exercise a right of first refusal. If Valero will meet the Recycled Water price terms of the third-party offer, then the Parties shall negotiate the terms of a new Recycled Water delivery agreement in good faith. VI. Compliance with the Law. A. Valero. Valero agrees to use Recycled Water as authorized by applicable laws. Valero further agrees that Recycled Water shall not be used for potable water purposes, including drinking, food preparation, and human consumption. B. The City. The City shall comply with all laws and regulations applicable to its performance under this Agreement, including those governing the delivery of the Recycled Water. C. Cooperation. Each Party will cooperate and use reasonable diligence to assist the other in meeting the requirements and obligations of the respective Parties under water and other permits necessary to perform this Agreement, including regulatory and reporting requirements. The Parties shall determine what modifications, if any, are necessary under existing permits or prior adjudications in order to carry out this Agreement. D. Permits. The City agrees that it will take all necessary and appropriate action to the extent the same is within its control, to fulfill the requirements and obligations of the City's water permits. The City shall be responsible for obtaining all permits and approvals necessary to the performance of its obligations under this Agreement. The City shall assist and support Valero in connection with any approvals or permits sought by Valero which are not inconsistent with the City's own interests. Valero shall assist and support the City in connection with any approvals or permits sought by the City which are not inconsistent with Valero's own interests. 6 VIL Priority of Rights It is understood and agreed by the parties that this Section VII does not conflict with Section 55- 570, of the Code. It is understood and agreed by both Parties to this Agreement that the delivery of Recycled Water pursuant to this Agreement is of vital importance to the Corpus Christi area because the Valero Corpus Christi Refineries represents a significant economic engine for the community and its residents. Additionally, Valero is bearing a significant share of the cost for the infrastructure to deliver the Recycled Water. The City recognizes that curtailment of Valero's use of the Recycled Water during the term of this Agreement would lead to substantial harm to Valero. There shall be no restrictions on Valero's exclusive rights to the quantity of Recycled Water provided for under this Agreement. If the City is unable to deliver the full quantity of Recycled Water the City is required to deliver to Valero under this Agreement, the City shall prioritize delivery to Valero over all other Recycled Water customers or users at GWWTP, except for irrigation necessary to maintain City-owned infrastructure. The City shall not initiate new deliveries to additional Recycled Water users until such time as the deficiency is cured. The City shall notify Valero in writing of its problems or concerns as to the ability to deliver the quantities of Recycled Water to which Valero is entitled. In the event the City makes such notification, Valero shall in good faith attempt to cooperate with the City to adjust the dates and times of delivery of Recycled Water in order to accommodate the ability of the City to supply its other users, as long as such good faith attempts to cooperate with the City do not, in Valero's sole discretion, unreasonably interfere with Valero's operations or result in increased costs to Valero. In marketing and furnishing Recycled Water to other customers at GWWTP, the City shall make provision for the protection of Valero's exclusive rights to the quantities of Recycled Water provided for under this Agreement. The City may make and include explicit provisions with subsequent users and purchasers that their rights to Recycled Water acquired from the City are subordinate and junior to Recycled Water amounts to which Valero is entitled under this Agreement. Regardless, nothing in any such subsequent agreement shall create or confer rights that are inconsistent with Valero's priority rights as set forth herein. Should any order of a court of competent jurisdiction, any federal, state or local laws, the rules, regulations, or orders of any federal or state agency or department,the EPA, TCEQ, or the United States Department of Justice require return or environmental flows ("Required Environmental Flows")that results in a need for the City to increase return flows or reduce the amount of surface water that the City receives or uses, the City shall curtail all other Recycled Water users or customers prior to any curtailment of the Recycled Water amounts to which Valero is entitled under this Agreement. If after the City has curtailed Recycled Water deliveries to all other Recycled Water customers or users, the City determines that it cannot comply with Required Environmental Flows, the City shall work cooperatively with Valero and all of the City's customers and users,whether for potable water, raw water, or Recycled Water,to develop a waste use and return flow plan to ensure there are adequate environmental flows considering, among other things: curtailment of nonessential residential and municipal uses, return flows from industrial users, and return flows from Recycled Water from all of the City's wastewater treatment plants. All users shall participate equitably in efforts to maintain Required Environmental Flows, including through adjustments to usage, infrastructure, or discharge practices, as reasonably necessary to comply with applicable law. In order to minimize harm to the local economy and 7 possible curtailment of industrial production,the plan should give preference to industrial users of Recycled Water over other uses of Recycled Water, such as for irrigation and recreational purposes. The City agrees that the discretionary authority to discontinue service under Section 55-570 of the Code shall not override the express terms of this Agreement. Any exercise of such authority must comply with the procedural and substantive safeguards set forth in Section XII(C) of this Agreement. The Parties acknowledge that this Agreement constitutes a binding contractual obligation that supersedes general discretionary provisions of the Code to the extent permitted by law. VIIL Priority of Rights and Drought Contingency. This Section VIII supplements and does not limit the priority provisions set forth in Section VII. A. Priority of Valero's Rights. The City recognizes that curtailment of Valero's use of the Recycled Water during the Term would lead to substantial harm to Valero. Except as provided in this Section, there shall be no restrictions on Valero's rights to the quantity of Recycled Water provided for under this Agreement. B. Cooperation. The City shall notify Valero in writing of its problems or concerns as to the ability to deliver the quantities of Recycled Water to which Valero is entitled. In the event the City makes such notification, Valero shall cooperate with the City to adjust the dates and times of delivery of Recycled Water;provided,however,that Valero shall not be required to take any action which it determines not to be in the best interests of the operation of the refinery. C. Reserved. D. Water Use Restrictions. The City recognizes that having water users opt to use Recycled Water rather than raw or potable water reduces demand for the City's raw and potable water supplies. This reduced need for raw and potable water not only increases the availability of raw and potable water for other users but substitutes a supply that will be available without regard to drought or weather conditions. In recognition of the benefits attributable to Valero's use of treated wastewater, the City agrees that should the City opt to implement treated water use restrictions pursuant to the City's drought contingency plan, or similar water use reduction plan, Valero's use of Recycled Water shall, to the fullest extent permitted by law, be exempt from any such reductions. IX. Quality. A. State Standards. The City shall deliver Recycled Water that meets the quality requirements specified in its then-current permits for the delivery of Recycled Water, and at no time shall such water be of less than Type II quality as defined by the TCEQ at the time of delivery. If federal, state, or local laws, regulations, or permit conditions impose more stringent contaminant limits or other quality requirements for Recycled Water after the Effective Date,the City shall comply with such requirements, and those standards shall automatically become the applicable quality 8 requirements under this Agreement, all subject to City receipt of an updated permit from the TCEQ imposing such requirements. B. Additional Industrial Quality Assurances. The City agrees, through operation of the GWWTP and Oso WWTP and additional treatment for phosphates using chemicals and equipment approved by and paid for by Valero,to use commercially reasonable efforts to provide Recycled Water with concentrations of the following parameters intended not to exceed the concentration listed below in (mg/1): Parameter Concentration ( Phosphate phosphorus (PO4—P) <2.0 Turbidity <5.0 Free Chlorine 0.5-3.0 These concentrations are performance targets and do not constitute guaranteed levels. Failure to meet these targets shall not constitute a breach, provided the City continues to meet the minimum Type II quality standard. All costs of chemicals, equipment, and treatments necessary in order to meet these additional performance targets shall be paid by Valero. If the City is unable to meet these targets due to changes in influent water quality, the Parties shall cooperate in good faith to identify and implement an appropriate remedy, with all associated costs borne by Valero. C. Sampling. 1. City. The City shall perform sampling solely as required to comply with its permit obligations and shall share all resulting sampling data with Valero. No additional sampling shall be required. 2. Valero. Valero reserves the right to conduct its own sampling of the quality of the Recycled Water. For sampling conducted to determine compliance with the quality standards set forth in this Agreement ("Compliance Sampling"), samples will be collected and preserved in a reasonable manner generally accepted in the industry. The Compliance Sample shall be analyzed by Valero at Valero's cost. If Valero's sampling results differ significantly from the City's reported results under Section IX.C.1., the Parties shall promptly meet and confer in good faith to review the data, cooperate in investigating the discrepancy, and work together to develop and implement an appropriate resolution. D. Suspension of Service. If the City is unable to provide Recycled Water that meets the quality requirements of Section IX. A. of this Agreement or an alternate supply that meets the quality requirements of Section IX. A. of this Agreement for any length of time, Valero has the right to require the City to suspend delivery of Recycled Water until such time as the City can deliver Recycled Water or an alternate supply that meets the quality requirements of Section IX. A. of this Agreement. Valero shall have no obligation to pay the Monthly Payment for the period of time that the City is unable to deliver Recycled Water or an alternate supply that meets the quality requirements set forth in Section IX. A. of this Agreement. 9 E.Alternate Supply. The City will provide Recycled Water which meets the quality requirements set forth in Sections IX.A. of this Agreement; however, if necessary to perform its obligations under this Agreement,the City may substitute water from sources other than the GWWTP, if such water otherwise meets the quantity and quality requirements of this Agreement. Such alternate supply shall be provided at the City's then-current rate for the type of water delivered (potable or raw), and Valero shall have not obligation to accept water that does not meet the minimum Type II quality standard. F. Cooperation. The Parties will cooperate with each other in the development of the contingency plan required by 30 TAC, Chapter 210 for the remedy of system failures,unauthorized discharges, or upsets. The contingency plan will include, among other things, measures to prevent the suspension of delivery of Recycled Water to Valero. X. Construction and Maintenance of Recycled Water Delivery System A. ROWAcquisition and Construction Period. The delivery and receipt of Recycled Water under this Agreement is pre-conditioned upon: (i) obtaining from the City and all relevant third parties real estate rights sufficient to install the new pipeline and other infrastructure, and (ii) obtaining all necessary permits to construct and operate the infrastructure necessary for the delivery of Recycled Water ("Real Estate Rights Acquisition" or "RERA"). If the RERA is not completed by the first anniversary of the Effective Date (the "Real Estate Rights Acquisition Deadline" or "RERA Deadline"), then this Agreement shall terminate as of the RERA Deadline unless the Parties have mutually agreed to extend the RERA Deadline in writing; provided, however, that if either party requests an extension of the RERA Deadline, the other party shall not unreasonably withhold, condition, or delay its consent to such extension. Construction of the pipeline and related infrastructure shall be completed no later than the later of(a) two years after the RERA Deadline or (b) three years after the Effective Date, unless the Parties have mutually agreed to extend these dates in writing. Construction of the 10,000,000 gallon storage tank shall be completed within the same timeframe applicable to pipeline and infrastructure completion, subject to any mutually agreed extensions under this Section. B. Valero's Acquisition ofRights. Valero will use commercially reasonable efforts to achieve the RERA before the RERA Deadline. The RERA will be at Valero's sole cost. If Valero determines that it will not be possible to acquire the real estate rights for the new pipeline and infrastructure, it shall have the right to terminate this Agreement upon written notice to the City prior to the RERA Deadline. C. Progress Updates, Design Commencement, and Termination Obligations. (1) Progress Updates and Design Commencement. Valero shall (a)keep the City reasonably apprised of its progress in obtaining all necessary rights-of-way, easements, and other real estate rights required for construction of the delivery infrastructure,including periodic written updates upon reasonable request by the City; and(b)commence design of the 10,000,000-gallon storage tank immediately upon execution of this Agreement, and diligently pursue completion in accordance with this Section X. (2) Termination by Valero for Convenience. If Valero elects to terminate this Agreement for any reason other than termination pursuant to Section XILA.1- 3, Valero shall: (a)pay the City a termination fee equal to $54,750 per month for each month, 10 full or partial,from the Effective Date through the effective date of termination; and(b)deliver to the City, at no additional cost, all engineering work product completed as of the termination date,including but not limited to drawings, designs, and specifications for the storage tank and related infrastructure. (3) Clarification of Applicability. The obligations set forth in this subsection,including payment of the termination fee and delivery of engineering work product, shall apply only if Valero elects to terminate this Agreement for convenience or fails to acquire the permits, easement, rights of ways, or other property or facilities necessary for the construction of the facilities as contemplated in Section X.J. These obligations shall not apply to any termination by Valero under Section XII.A.1-3 (failure to deliver, material breach, or City insolvency) or any termination by the City. However, notwithstanding the foregoing sentence,these obligations shall apply if the City terminates this Agreement pursuant to Section X.J due to construction of the infrastructure not commencing within five (5)years from the Effective Date. D. Permits. The City shall apply for and Valero shall assist in obtaining such permits from appropriate entities and agencies, including without limitation the Texas Commission on Environmental Quality (TCEQ), as may be necessary for construction of the delivery facilities more particularly described in Exhibit 2. The cost of permits and any applications for the delivery of Recycled Water pursuant to this Agreement, if any, shall be reimbursed by Valero. The City shall assist and support Valero in connection with any approvals or permits sought by Valero which are not inconsistent with the City's interests, including any approvals or permits required by the Texas Department of Transportation(TxDOT). Valero shall assist and support the City in connection with any approvals or permits sought by the City which are not inconsistent with Valero's own interests. All direct, out-of-pocket costs incurred by the City in connection with the foregoing shall be reimbursed by Valero, including the reasonable fees of any professional consulting services provided for the City. E. Design and Construction of Infrastructure. Valero shall be responsible for the design and construction,in consultation with the City, of the infrastructure for delivery of Recycled Water to Valero, as more particularly described in Exhibit 2. Once constructed, the City shall own, operate and maintain the infrastructure up to the Delivery Point. The infrastructure shall be designed and constructed in accordance with any applicable laws, rules, regulations and ordinances and in a recognized and generally accepted good engineering and workmanlike manner and with the same degree of care, skill and diligence as is customary in the industry for similar jobs or projects. Once Valero completes the RERA, it will diligently pursue the construction of all infrastructure, at its sole cost and expense, and it will provide at least 30 days' notice prior to the anticipated infrastructure completion date. Valero shall provide a dedicated Recycled Water delivery main where the pipeline connects to Valero's onsite storage and/or process equipment at the Refinery. All equipment at the Refinery connecting into the pipeline will comply with all applicable laws relating to cross connections and backflow, including but not limited to 30 TAC Chapter 210. The City shall grant Valero, its employees, agents, representatives, and contractors reasonable access to all City-owned or controlled property, licenses, easements, and rights-of-way as necessary for Valero to perform its obligations under this Agreement, including but not limited to the design, construction, installation, modification of existing equipment, inspection, maintenance, and operation of delivery infrastructure. Such access shall be provided at no cost to Valero and shall include the right to enter upon such property at reasonable times and upon reasonable notice, subject to 11 applicable safety and security protocols. The City shall cooperate in good faith to facilitate timely access and shall not unreasonably withhold, condition, or delay such access. E City Review. The City shall be entitled to review, approve and inspect the design and construction of all infrastructure for compliance with applicable City ordinances and for the purpose of finding it acceptable for purposes of assuming the operation and maintenance of same, such approval not to be unreasonably withheld, conditioned or delayed. Valero's design and construction activities shall at all times, and upon reasonable advance notice,be available to City for inspection;provided,that City shall have no obligation to inspect except as may be its obligation according to otherwise applicable laws or permits. G. Reimbursement by Valero for City Expenses. Valero will reimburse the City as provided in this Agreement, as and when invoiced by the City. Such payment for charges approved in invoices by Valero shall occur within thirty (30) calendar days after such invoice is received by Valero. If Valero determines that any such charges are not agreed upon, Valero shall provide to the City a reasonably detailed explanation within ten (10) calendar days of having received the related invoice as to such determination. However, Valero shall pay the portion of the invoice not in question within the agreed time. The Parties will seek to resolve all such disputes expeditiously and in good faith. H. Transfer of Ownership. Upon completion of construction of the pipeline and all associated delivery infrastructure necessary to convey Recycled Water from the GWWTP to the Valero Corpus Christi Refineries,including but not limited to 10,000,000 gallon storage tank,pumps, flow equalization tanks, electrical systems, pipeline and cathodic protection systems, Valero shall transfer ownership of such infrastructure to the City. For purposes of this Agreement, "completion of construction"means that all infrastructure necessary to deliver Recycled Water under this Agreement has been installed and successfully passed all required commissioning activities, including piping hydrostatic tests, valve actuation tests, and motor function tests. Prior to transfer of ownership of the conveyed infrastructure to the City, Valero shall verify that the system is capable of delivering Recycled Water to the Delivery Point. The transfer shall include all associated real property interests, including easements and rights-of-way acquired by Valero for the purpose of constructing and operating the delivery infrastructure. Valero shall execute all necessary instruments of conveyance, including deeds, easement assignments, and bills of sale, in a form reasonably acceptable to the City, to effectuate the transfer of ownership and property rights. For clarity, nothing in this Agreement shall be construed to transfer ownership, control, or any property interest in infrastructure located beyond the Delivery Point, including any facilities, pipelines, or systems located within the Valero Corpus Christi Refineries. Upon transfer, the City shall assume full responsibility for the operation, maintenance, and repair of the infrastructure in accordance with the standards set forth in this Agreement. Upon transfer of ownership of the pipeline, storage tank, and all other infrastructure conveyed to the City under this Agreement (collectively, the "Conveyed Infrastructure"), such Conveyed Infrastructure shall be delivered AS IS, WHERE IS,WITH ALL FAULTS, and without any representation or warranty of any kind, express or implied, including any warranty of condition, fitness for a particular purpose, or merchantability. The City acknowledges and agrees that Valero, its parent companies, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, employees, and agents (collectively, the "Valero Released 12 Parties") shall have no liability or obligation whatsoever for any claims, demands, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or related to the ownership, operation, maintenance, repair, replacement, or failure of the Conveyed Infrastructure after the transfer of ownership. The City hereby releases, acquits,and forever discharges the Valero Released Parties from any and all such claims, whether known or unknown, contingent or fixed, in law or equity, that may arise after the transfer date, except for claims arising from fraud or intentional misconduct by Valero prior to the transfer. I. Operation and Maintenance Standards. The City shall operate and maintain all delivery infrastructure,including but not limited to the pipeline,pumps,electrical systems,and cathodic protection systems, in a manner consistent with Good Utility Practice. For purposes of this Agreement, "Good Utility Practice" means any of the practices, methods, and acts engaged in or approved by a significant portion of the water utility industry during the relevant time period, or any of the practices, methods, and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety, and expedition. The City shall perform routine inspections, preventative maintenance, and timely repairs to ensure reliable delivery of Recycled Water in the quality and quantity required under this Agreement. The City shall maintain records of all maintenance activities and make such records available to Valero upon reasonable request. J Termination. If either Party is unable to obtain any of the permits, easement, rights of ways, or other property or facilities necessary for the construction of the facilities contemplated in this Agreement or to operate as required to perform the obligations of this Agreement by the RERA Deadline the Agreement may be voided by either Party upon not less than sixty (60) days written notice. Further, if for any reason construction of the infrastructure does not commence within five (5)years from the Effective Date,the Agreement may be terminated by either Parry upon not less than sixty (60) days written notice. XI. Audit Each Party to this Agreement shall have the right at all reasonable times to examine, at its expense, the books and records of the other Party to the extent necessary to verify the accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement, to verify the quality of water delivered to Valero pursuant to this Agreement, to verify the price charged to other City customers, to verify the Recycled Water production of the GWWTP, or the quantities of Recycled Water delivered or discharged under this Agreement or the amount of Recycled Water provided by the City among its customers, or with regard to the performance of any other duty or obligation of either Party related to this Agreement. Valero's and the City's books shall be retained and available for examination for as long as necessary to make any adjustments or corrections provided herein. Any statement shall be final as to both parties unless questioned within three (3)years after the statement has been provided. 13 XII. Termination of Service. A. Valero. 1. Amount and Quality of Water. Valero may terminate this Agreement by giving the City ninety (90) days written notice of intent to terminate the Agreement based on either a failure to deliver Recycled Water or alternate supply in the amounts required by this Agreement for thirty (30) days or for the inability to deliver Recycled Water that meets the quality requirements of this Agreement for thirty (30) days. 2. Material Breach. Valero may terminate this Agreement for a material breach of the Agreement by the City provided Valero has provided the City with ninety (90)days written notice and an opportunity to cure the alleged breach within the 90-day notice period. Examples of a material breach include,but are not limited to: (1)the City fails to maintain the facilities as set forth in Section XLB.1 and (2) the City fails to comply with the terms of Section VII. 3. Insolvency. If the City becomes insolvent, enters bankruptcy, receivership or other like proceeding (voluntarily or involuntarily), or makes an assignment for the benefit of creditors,Valero shall have the right, in addition to any other rights it may have hereunder or by law,to terminate this Agreement by giving the City written notice;whereupon Valero shall be relieved of all further obligations hereunder, except to pay the reasonable value of the City's prior performance, but not more than the Agreement price. 4. Refinery Closure. If Valero decides, in its sole discretion, to close either or both of its Corpus Christi refineries, then upon six months' notice, Valero shall have the right to terminate this Agreement. At the end of the six-month notice period, Valero shall have no further obligation to pay for Recycled Water. B. City. Notwithstanding Sections 55-570(a) — (c) of the Code, the City may only terminate this Agreement or suspend delivery of Recycled Water pursuant to the terms of this Agreement. The Parties understand and agree that the items enumerated in Section 55-570(c) of the Code do not each represent material breaches of this Agreement. For example, a violation of the terms of this Agreement does not provide the City the right to terminate this Agreement or suspend delivery of Recycled Water unless the violated term is a material term. The Parties understand and agree that the following paragraphs of Section 55.570(c) constitute a material breach of this Agreement: (1)paragraph(c)(4)relating to cross-connection of Recycled Water to potable water sources and(2)paragraph (c)(2)relating to nonpayment of water bills. In the event Valero fails to timely pay for Recycled Water, the City may interrupt service under this Agreement or terminate this Agreement following sixty (60) calendar days written notice to Valero and an opportunity to cure by Valero paying uncontested amounts within the 60-day notice period. Valero has the right to dispute invoices and this Agreement may not be terminated and neither will service be interrupted for failing to pay an amount contested in good faith. In the event of any other material breach of this Agreement by Valero, the City may terminate this Agreement or interrupt service provided the City has provided Valero with ninety (90)days written notice and an opportunity to cure the alleged breach within the 90-day notice period. 14 C. Limitations on City's Right to Discontinue Service. Notwithstanding anything in Section 55- 570 of the Code or any other provision of law, rule, or regulation, the City agrees that it shall not discontinue or suspend delivery of Recycled Water to Valero except as expressly permitted under this Agreement. The Parties acknowledge and agree that the discretionary authority granted to the City under Section 55-570(a) and (b) of the Code shall not apply to Valero's service under this Agreement unless and until the City has: (i) provided Valero with written notice detailing the specific legal basis for discontinuance, including citation to the applicable law,rule,regulation, or order; (ii) demonstrated that all other Recycled Water users have been curtailed or suspended prior to any curtailment of Valero's service; (iii) engaged in good faith consultation with Valero to explore alternatives to discontinuance, including adjustments to delivery schedules,alternate sources,or infrastructure modifications; (iv)provided Valero with a minimum of ninety (90) days written notice prior to any proposed discontinuance, unless immediate suspension is required by law and cannot be avoided through reasonable mitigation efforts. The City further agrees that any determination under Section 55-570(b) shall be made in consultation with Valero and supported by written findings from the City Manager, including an explanation of why continued service to Valero would compromise the City's legal compliance and why no alternative exists. XIII. Force Majeure Each Party shall be excused from performance(except for payment obligations), and shall incur no liability for any loss or damage due to any delay or failure to perform its obligations under this Agreement when caused by occurrences beyond the reasonable control of such Parry, to include, but not be limited to, acts of governmental authority(other than those of a Party to this Agreement), acts of God (including, without limitation, unusually severe weather conditions, but excluding reasonably foreseeable weather conditions); strikes or other concerted acts of workmen; unavailability of labor or materials; failure or breakdown of equipment arising from causes beyond a Party's reasonable control (and expressly excluding breakdown caused by improper maintenance or operation);fires and explosions(except to the extent caused by the negligence of a Party or those under its control); riots; war; rebellion and sabotage (each of the foregoing, an event of"Force Majeure." A Party seeking to be excused from performance hereunder due to the occurrence of a Force Majeure event must notify the other Party orally or by facsimile or email as soon as reasonably possible (but in all events within five business days) after the occurrence of the Force Majeure event, with a separate formal notice to follow within a reasonable time in accordance with the notice provisions hereof, specifying the nature and extent of the Force Majeure event, the anticipated duration of such Party's inability to fully perform hereunder as a result of such Force Majeure event, and the efforts such Party is undertaking to mitigate the impact of the Force Majeure event. A Party whose performance hereunder is impacted by a Force Majeure event must undertake diligent efforts to minimize the impact of such Force Majeure event on its performance. The Parties agree that the City shall not be entitled to claim Force Majeure based on any ordinance, resolution,administrative action, or other act initiated or adopted by the City or its governing body, unless such action is mandated by a state or federal authority having jurisdiction and is not within the City's control and is not something advocated for by the City. The City further agrees that it 15 shall not take any legislative or administrative action that would impair its ability to perform under this Agreement without first consulting with Valero and exploring all reasonable alternatives to avoid such impairment. XIV. Notices Any notice provided for in this Agreement and any other notice, demand or communication which any Party may wish to send to any other Parry relating to the subject matter of this Agreement shall be in writing and either delivered by recognized national overnight courier delivery service such as Federal Express, UPS or DHL, hand-delivered, or sent by regular U.S. postage prepaid, and addressed to the Party for which such notice,demand,or communication is intended at such Party's address as provided below. If to Valero: Valero Refining—Texas, L.P. 1147 Cantwell Lane Corpus Christi, TX 78407-1001 Attn: Health Safety & Environmental Director Telephone: 361-289-3328 Facsimile: 361-289-3126 If to the City: City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Attn. Director of Wastewater Operations Telephone: (361) 857-1800 Any Party may change its address for notice hereunder to any other address by giving written notice of such new address to the other Party in accordance with this Section. Any notice,demand, or other communication shall be in English, and shall be deemed given and effective as of the date of delivery. The inability to deliver because of a changed address of which proper notice was not given, or rejection or other refusal to accept any notice, demand or other communication, shall be deemed to be the receipt of the applicable notice, demand or other communication as of the date of such inability to deliver or rejection or refusal to accept. The effective date of the notice shall be the date it is received by the addressee or the office of the addressee,whichever is earlier. XV. Miscellaneous Provisions A. Complete Agreement. This Agreement embodies the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes and replaces in their entirety all prior understandings and agreements relating to the subject matter hereof. B. Severability. Should any provision of this Agreement or portion hereof be declared invalid, void or unenforceable, it shall not affect the validity or enforcement of the remaining provisions or portion hereof which shall remain in full force and effect as if the Agreement had been executed without such invalid, void or unenforceable provision or portion hereof having been included. 16 C. Assignment. The City may not assign the Agreement without the written consent of Valero. Valero may assign the Agreement to any parry that is acquiring all or substantially all of either or both of the Valero Corpus Christi Refineries. In the event that the City outsources or privatizes operation of its wastewater treatment facilities, the City shall advise, in writing, to such proposed third-party operator or owner of the facilities of the existence of this Agreement and the City shall require any such operator or owner to agree to assume all of the City's rights and obligations under this Agreement. D. Modification and Waiver. This Agreement may not be modified or amended except by an instrument in writing duly executed by both Parties. Either Party hereto may, by an instrument in writing, waive compliance with or breach of any term or provision of the Agreement by the other Party. The waiver by any Party hereto of compliance with or breach of any term or provision of the Agreement shall not be construed as a waiver of subsequent compliance or of any subsequent breach. E. Authority. Each person executing the Agreement represents that he or she has been duly authorized to do so by the Party on whose behalf he or she is signing, and that in so doing he or she shall bind such Party to all of the terms hereof. F. Counterparts. The Parties may execute this Agreement in identical multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but a single instrument. G. Review. Each Party hereto acknowledges that it had ample opportunity to review this Agreement with an attorney of its choice prior to execution, and that it fully understands all of the terms and provisions hereof. Accordingly, both Parties waive the application of any rule or principle of law which would require any provision of this Agreement to be interpreted in the light most favorable to the non-drafting Party or in the light least favorable to the drafting Party. H. Choice of Law; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas (excluding any conflicts of law principles thereof) and applicable federal laws. Prior to initiating any lawsuit,legal action, or other formal proceeding arising out of or relating to this Agreement (each, a "Dispute"), excluding actions seeking injunctive or other equitable relief, the Parties shall first attempt to resolve the Dispute through good faith discussions between senior executives of each Parry. Such meeting shall occur within thirty (30) days after written notice of the Dispute is provided by one Party to the other, unless otherwise agreed. The meeting may be held in person or by video conference. If the Dispute is not resolved through executive discussions,then the Parties agree that the Dispute shall be exclusively brought in a business court that is nearest in geographical proximity to Corpus Christi, Texas (the "Business Court"),if the Dispute meets the jurisdictional requirements of such Business Court and that Business Court is accepting new case filings. If the Dispute does not meet the jurisdictional requirements of that Business Court or the Business Court is not accepting new case filings, then the Dispute must be brought in a Texas state district court or federal district court of Nueces County, Texas. If only some claims of the Parties giving rise to a Dispute are subject to the jurisdiction of the Business Court,the Parties agree that any other claims that form part of the same 17 case or controversy shall also be brought in the Business Court under the Business Court's authority to exercise supplemental jurisdiction over such claims. [Signatures of the Parties on Next Page] 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon signature by the City's authorized representative identified below. VALERO: CITY: VALERO REFINING—TEXAS, L.P., BY CITY OF CORPUS CHRISTI VALERO TEJAS COMPANY LLC, ITS GENERAL PARTNER By: By: Name: Peter Zanoni Name: R. Lane Riggs Title: City Manager Title: CEO and President Date: Date: 19 EXHIBIT 1 Planned Delivery Flow Meter Location 714 4 f r� Delivery Meter WNW V L arm � 20 EXHIBIT 2 Greenwood Wastewater Treatment Plant Infrastructure • Coagulant storage and injection system for Phosphate phosphorus(PO4—P)precipitation targeting <2 mg/l residual in the effluent • Flocculant injection ahead of existing WWTP filters to improve suspended solids removal (under evaluation) • Repair/revamp of existing WWTP effluent filters as needed • Bleach storage and injection system for supplemental disinfection and NH3 removal • 10,000,000 gallon storage tank • Sump pumps (size To Be Determined (TBD)) from effluent sump (new or existing modified as needed) • Piping (size TBD) from sump pumps to new 10,000,000 gallon storage tank • Pipeline pump station (size TBD) from storage tank to pipeline • Electrical system upgrades as needed to supply electric power to sump and pipeline pump stations Pipeline between Greenwood WWTP and the Valero Corpus Christi Refinery West Plant • Approximately 9-mile buried pipeline sized at 24 inches diameter to convey up to 18,000,000 gallons per day of effluent to the Valero Corpus Christi Refinery West Plant property line. The preliminary pipeline routing is provided below. • 24-inch tie point outside but in proximity to the Valero property line for future connections • Custod meterin facili at the Valero refine 110 IX m ee Cr e J ee 9 1 � — 1• j 1 1s.:.35B M 1 i 119 s - - i; 286 21 Agreement for the Provision and Sale of Recycled Water Nicholas J. Winkelmann, P.E. Interim Chief Operating Officer - Corpus Christi Water January 13, 2026 AN" CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER Overview Ordinance authorizing an agreement for the Provision and Sale of Recycled Water to Valero Refining - Texas, L.P. • Agreement is for 30 years • Provide 3 MGD (Up to 8 MGD) of reclaimed water from Greenwood Wastewater Treatment Plant • Valero to design, construct, and fund: V. • 24-inch transmission pipeline • 10-million-gallon storage tank at GWWTP • Pump Station "' I coo; 0005-0064 • Associated right-of-way © 000 .., ...{ • Valero to purchase effluent water at the Council approved Raw Water Rate • Valero to reimburse the City for its proportional share of operation and maintenance costs, including chemicals, electricity, and mutually agreed-upon treatment process CITY 6F C[➢RPUS CH R I S T I wf CORPUS CHRISTI 2 WATER CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 01/13/2026 Second Reading Ordinance for 01/27/2026 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a)cctexas.com (361) 826-3596 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for King's Landing Unit 12 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $252,720.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 12 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $252,720.00 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 38.07 acres of single-family residential homes with approximately 155 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $252,720.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 38.07 acres subdivision named King's Landing Unit 12 subdivision located north of Lady Claudia Street and west of London Pirate Road. The plat was approved by the Planning Commission on July 23, 2025. The water improvements consist of 1 ,140 linear feet of 12" PVC pipe. The allowable reimbursement amount is $252,720.00. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new King's Landing Unit 12 subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $252,720.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager for the FY2026 budget up to $252,720.00 to reimburse the developer in accordance with the agreement. CCW Transferred $9,190,356.00 into the FY25 Trust Fund Budget to address the ongoing deficit Trust Fund balance. Since then, there have been 8 additional agreements with an additional commitment of$1 ,991,301 .60 to be paid out of the Trust Fund, thereby bringing the balance, as of November 30, 2025 to -$1 ,099,460.98. There are (4) agreements scheduled for today, which include the following: 1 . King's Landing Unit 12 (Water Arterial Transmission & Grid Main): $252,720.00 2. King's Landing Unit 13 (Water Arterial Transmission & Grid Main): $62,040.00 3. Oso Creek Corner Unit 3 (Water Arterial Transmission & Grid Main): $380,460.00 4. Oso Creek Corner Unit 3 (Wastewater Collection Line): $227,100.00 If all (4) are approved, that would be an additional $922,320.00 to the previously approved obligations to developers with a new proposed Trust Fund balance of -$2,021 ,780.98. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Department: 46 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Department: 46 Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $252,720.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 12 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $252,720.00 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on July 23, 2025, to develop a tract of land, approximately 38.07 acres known as King's Landing Unit 12 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings and recitations set out in the preambles to this Ordinance are found to be true and correct, and they are hereby adopted by the City Council of the City of Corpus Christi and made a part of this Ordinance for all purposes. SECTION 2. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 12-inch water line, including all related appurtenances, for the development of King's Landing Subdivision, Corpus Christi, Nueces County, Texas. SECTION 3. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 4. Funding in the amount of $252,720.00 is appropriated from No. 4030-21805- 777 Water Arterial Transmission & Grid Main Trust fund to reimburse the Developer for the construction of a water arterial transmission & grid main line, and improvements in accordance with the Agreement. SECTION 5. The future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund until $252,720.00 is appropriated in accordance with this ordinance. SECTION 6. The City Manager or designee is authorized to appropriate $252,720.00 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement. SECTION 7. This ordinance takes effect upon passage. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on July 23, 2025 to develop a tract of land, to wit: approximately 38.07 acres known as King's Landing Unit 12 subdivision located north of Lady Alexa Dr and Lady Claudia Street. as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Kings Landing Unit 12-Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1140 LF 120.00 136,800.00 2 12"CROSS 4 EA 3,750.00 15,000.00 3 12"GATE VALVE WITH BOX 4 EA 5,550.00 22,200.00 4 6"GATE VALVE 8 EA 2,000.00 16,000.00 5 12"CAP W/2"RISER 1 EA 1,100.00 1,100.00 6 CONNECTION TO EXISTING WATERLINE 1 EA 2,500.00 2,500.00 7 FIRE HYDRANTS 2 EA 8,500.00 17,000.00 SUBTOTAL $210,600.00 ENGINEERING, SURVEYING, &TESTING(11%) $23,166.00 CONTINGENCY(7%) 14,742.00 BOND(2%) 4,212.00 TOTAL $252,720.00 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 2 of 12 3. REIMBURSEMENT a. The cost for the Water Improvement is $252,720.00. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $252,720.00, as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 12 §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of 120 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 S I TE' ——————————— ————————————— I E s 03 4 S a 929T.55TW S"T,I'll 11, 1513 G4 E SSE N-00 23'W 5612.99 .1ni 151 Soo ENGINEERING 1� EN1111111-111. 111LIGIN111 PLAT .N',LENSING. IEI 1�1-1 01M. Y TYPICAL STREET SECTION 50'ROW 11111T 111TICOl xww 60,ROW TYPICAL STREET SECTION ecxG759ROW ew No me �C Qieggi J�i F, SpD,�E��,MI�MELREEA,�E,NNDE " N,E o.pF N.�N M DITI"H N SF EC�RN�—"5,2,1TI-NFT IRDBN E,, F S PUIRIE1 —11 ENRINEE11- I—Ey IPI N� NEEN�'E�M IN�LR Fl EL 'N47'NT IF 11—FRNIINI, CORPUS CHRISTI RIFECES COUNTI TO EXHIBIT 2 r Reimbursement Agreement ::�rw a Application lHil4nTl0 MHi 5 MEMBER 2406 Leopard St. Corpus Christi,TX 78408 1 Phone:361.826.3240 I Fax:361,826.4375 1 contracts andagreementsQacctexas.com Date of Application: October 13, 2025 Approved Plat Name: Kings Landing Unit 12 Public Improvements Deferred: Water Reimbursement Approved Public Improvement Plans: Y V N Cost Estimate for Deferred Public Improvements $ 252,720.00 Ownership and authorized signatories to enter into the agreement: MPM Development, LP/Moses Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email !V Phone Other If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature& Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St,Suite 100 Carpus Christi,Texas 78403 City of Corpus Christi I Farm No:DSD-3016 Rev.12120221 Page 1 of 2 EXHIBIT 3 ROADWAY AND WATERLINE IMPROVEMENTS TO SERVE KINGS LANDING UNIT 12 DESIGN MEMORANDUM SEPTEMBER 2025 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY GABRIEL HINOJOSA, P.E. 106057 September 24, 2025 Prepared by: Gabriel Hinojosa, P.E. ENGINEERING CIVIL-WINDSTORM-CONSULTING F-198N Table of Contents EXECUTIVE SUMMARY SECTION I Introduction SECTION II Proposed Improvements SECTION III Roadway Alignment SECTION IV Waterline Alignment SECTION V Roadway Design SECTION VI Utility Design SECTION VII Work Plan SECTION VIII Construction Requirements EXHIBITS: A. Site Location B. Master Plan Map C. Development Exhibit Design Memorandum Page 11 Executive Summary The following is the Executive Summary for the plan submission for the Kings Landing Unit 12 Roadway and Waterline Improvements. This project involves the construction of a section of Castle Black Rd., a Master Plan collector street and a 12" water grid main. There is a proposed single family residential development located approximately 1 mile north of FM 43 (See Exhibit A). Currently there is one section of the collector constructed with Unit 11. Our intention is to continue Castle Black Rd. per the master plan east through the proposed development to eventually intersect County Road 33. The proposed development includes approximately 33 acres of single-family residential homes with approximately 196 lots. The design of the roadway will follow criteria established by the Infrastructure Design Manual. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). The proposed extension of Castle Black Rd. will be within a 75' right-of way and contain a 50-foot back of curb to back of curb concrete road section. It will also contain 4' sidewalks on both sides. Along roadway, a water line needs to be installed to serve the proposed development. The proposed waterline will start at a stub-out on Castle Black Rd. at the end of Unit 11. The total length for the 12-inch waterline installation is 1,140 linear feet. Fire hydrants shall be installed on the 12- inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct a section of Castle Black Rd. and waterline to serve a proposed development. The proposed roadway infrastructure includes a concrete street section, drainage infrastructure, waterlines, sanitary sewer and sidewalks. There is a proposed development for a tract of land, project name Kings Landing Unit 12, 1 mile north of FM 43. Currently there is a section of Castle Black constructed from Unit 11. This section is approximately 1,140 linear feet. There currently is an adopted Roadway Master Plan for this area (Exhibit B: City of Corpus Christi Roadway Master Plan, London, Service Area 15). As part of the master plan there is a proposed collector section. As part of the proposed improvements, a segment of the collector will be constructed. The collector section will begin at the end of Unit 13 and extend east approximately 1,140 feet. The proposed waterline will start at a stub-out on Castle Black Rd. at the east end of Unit 13 Blvd from a previously constructed 12" waterline along the proposed section of the collector. The total length for the 12-inch waterline installation is 1,140 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. The proposed improvements as part of this project will provide vehicular, water and sanitary sewer connectivity to future sections of Castle Black Rd. to the east including intersection at County Road 33. Design Memorandum Page 13 SECTION II — Proposed Improvements A. Castle Black Roadway 1. 75' Right of Way 2. 50' Back to Back Concrete Pavement Section • 8" Thick Concrete Pavement • 12" Lime/Cement Stabilized subgrade 3. Drainage Infrastructure 4. 4' wide Sidewalk sections B. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. SECTION III - Roadway Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. The proposed section will begin at the east end of Unit 13 and continue east along the same bearing for approximately 1,140 feet. SECTION V — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed waterline will start at a stub-out on Castle Black Rd. at the east end of Unit 13 Blvd from a previously constructed 12" waterline and will extend from that point east. This line will be installed inside the right of way on the south side of Castle Black Road. B. Crossings The future 12-inch waterline will cross the following: Utilities a. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will be a crossing of proposed sewer lines, which will be designed per TCEQ & City Standards. Design Memorandum Page 14 We do not anticipate the following crossings: b. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there should not be any crossing of existing petroleum or petrochemical lines. SECTION IV — Roadway Design A. Pavement Design 1. The design of the roadway will follow criteria established by the Infrastructure Design Manual. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). 2. A Geotechnical Report has been conducted for this area. SECTION VII — Design Flow for Sanitary Sewer and Water A. Design Flow for Water Line 1. Service Area The proposed sanitary sewer system is designed to serve approximately 33 acres of land that includes multi-family, single-family, schools and commercial. There will be approximately 140 lots for the entire proposed development. 2. Design Flow The updated design flow from the proposed development was calculated as follows: 350 GPD/LOT AVG. DAILY Total Lots= 196 Total Average Daily= 68,600 GPD Therefore, the expected water demand for the proposed development is calculated to be 68,600 GPD Design Memorandum Page 15 SECTION V — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All plan and profile sheets will be arranged as to read from left to right with the project beginning at Mapache Pass. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Design Memorandum Page 16 SECTION VI — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. Design Memorandum Page 17 EXHlBrrA yy I KINGS LANDING DEVELOPMENT— As, a � V 1 / 401 1►" I I T I t TM c ate-. ra r y 1'2 L 9„ ,— �r Googg,Earth -- - _= -- - • `^ Service Area Location Map s 1 a� i n 3 4 $ E /T MA 6 5 w 7 9 ��' r,E��T^oeq✓ •, 18 � 11 10 S� 11n5 12 16 19 14 1 13 20 e . 1`L `�5 z1 �'°�✓ la EXHIBIT B ` Y r, 15—V w w o a Sf o 15—U _ xPo US,U, — p9 � / if 15—B 15 A GeH° 15—C 15—D — r PC __X _ 15—F 15—L 15—H 15—G w o' �'i _J Legend Service Area 5 Corpus Christi City Limits Service Area 6 Widening Projects Service Area ---- New Projects N Service Area 9 _Non Impact Fee Study Eligible Transportation Plan Service Area 11 Intersection Improvements Service Area 12 Service Area 13 o 1,wo 3,000 Service Area 15 EET LONDON (SERVICE AREA 1§1 PAPE-DAWSON A-2023 �� Ts oJU �w ENGINEERS CORPUS CHRISTI,TEXAS 1.0 IMPACT FEE STUDY °'NN" eR°° TE�ENGINEERING FIRM R 0 ��' 1037E900 - m� E IIIr I m. 4 �m j _•�F r.��s�. �/s.�i..:.la al.x.�l6 � �® IiI�3 � W',. Ip Y r. I;L� :I I lap x�,Y" CIE i• .I I:IY� 41 I i_ I �IjY I '" I'Ii; Y '1 J _ I b Y®,�;. �qa i nG � ®s•$ � w6 r. a. la k.x� i-®YI '. m I .;.,Il li J 6 'y- 1p 3�'Ile r. r. ! Apb Y d 9Y x III 00 p r. A R .8. I ^�• 3 k i. I .S. d b .o I i. i Yn�' I II� z F X W "_1 •I` L s. °I�-r6 °"-®L "__�%.a, 1®'I^ L-o._m1-7.9 o'Ie U W Y O a P��RAP s REE sEw on- ow EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 9/12/2025 Kings Landing Unit 12- Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1140 LF 120.00 136,800.00 2 12"CROSS 4 EA 3,750.00 15,000.00 3 12"GATE VALVE WITH BOX 4 EA 5,550.00 22,200.00 4 6"GATE VALVE 8 1 EA 1 2,000.00 16,000.00 5 12"CAP W/2"RISER 1 EA 1,100.00 1,100.00 6 CONNECTION TO EXISTING WATERLINE 1 EA 2,500.00 2,500.00 7 FIRE HYDRANTS 2 EA 8,500.00 17,000.00 SUBTOTAL $ 210,600.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 23,166.00 CONTINGENCY(7%) 14,742.00 BOND(2%) 4,212.00 TOTAL $ 252,720.00 Page 1 of 1 EXHIBIT 5 City of CITY OF CORPUS CHRIST] Corpus Chnsti DISCLOSURE OF INTEREST Corpus Christi Code 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer wit "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: MPM Development, LP STREET ADDRESS: 2301 Airline Rd Ste 209 P.O.BOX: 331308 CITY: Corpus Christi STATE: Texas Zip: 78463 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner ❑ 4 Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Mossa (Moses) Mostaghasi Board, Commission or Committee - Capital Improvement Advisory Commity 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Mossa (Moses) Mostaghasi Title- General Partner Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city- b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,Assistant City Managers, Department and Division Leads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, prcxies, or special terms of venture or partnership agreements. g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Go�Qus Cy, s km REIMBURSEMENT AGREEMENT - u M P M DEVELOPMENT, LP - FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION s_ FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION REIMBURSEMENT AGREEMENT Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $252,720.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 12 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $252,720.00 to reimburse the developer in accordance with the agreement. (District 3). FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION LOCATION MAP N Legend Subdivisiion i 0 500 1000 US Feet Location Map �°E� • Kings Landing-Unit 12-13 u' Corpus Christi TX F— . 3 City of Corpus Christi - — - FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TOTAL COST ESTIMATE Kings Landing Unit 12 - Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNITCOST TOTAL 1 12" PVC PIPE 1140 LF 120.00 136,800.00 2 12" CROSS 4 EA 3,750.00 15,000.00 3 12" GATE VALVE WITH BOX 4 EA 5,550.00 22,200.00 4 6" GATE VALVE 8 EA 2,000.00 16,000.00 5 12" CAP W/ 2" RISER 1 EA 1,100.00 1,100.00 6 CONNECTION TO EXISTING WATERLINE 1 EA 2,500.00 2,500.00 7 FIRE HYDRANTS 2 EA 8,500.00 17,000.00 SUBTOTAL $ 210,600.00 ENGINEERING, SURVEYING, &TESTING (11%) $ 23,166.00 CONTINGENCY(7%) 14,742.00 BOND (2%) 4,212.00 TOTAL $ 252,720.00 4 City of Corpus Christi FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TIMELINE OF TRUST FUND BALANCE FY24-FY25 Available Combined Trust balance as of 11/30/2025 -$1,099,460.98 FY 2024 - 18 projects -$14,912,540.24 Ending Cash Balance $3,738,843.04 End of FY 2024 Balance -$11,184,923.57 CCW Transfer - Wastewater $7,384,800.00 Water $1,805,556.00 Total: -$1,994,567.57 FY25 - 7 projects -$1,597,005.60 FY26 - 1 project -$394,296.00 *As of 11/30/25 Balance is Total: -$1,099,460.98 -� *Note: Balance reflects progress payments made on projects as well as deposits made into the Trust Fund Accounts. "= 5 City of Corpus Christi FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TRUST FUND BALANCE City Council has approved 8 requests in FY25 & FY26 resulting in the Trust Fund to be overcommitted again, as of November 30, 2025 by: -$1,099,460.98 1. Westwood Heights Unit 4 (Devonshire Custom Homes, Inc) $14,476.00 (Wastewater: Collection Line) FY25 2. King's Landing Unit 6 (MPM Development, LP) $440,829.12 (Wastewater: Trunk) FY25 3. King's Landing Unit 9 (MPM Development, LP) $14,685.78 (Wastewater: Trunk) FY25 4. Waldron (Horizon Land Properties) $524,660.00 (Water: Water Arterial Transmission&Grid Main) FY25 5. King's Landing Unit 10 (MPM Development, LP) $114,240.00 (Water: Water Arterial Transmission&Grid Main) FY25 6. King's Landing Unit 10 (MPM Development, LP) $102,830.40 (Wastewater: Trunk) FY25 �y 1 7. King's Landing Unit 8 (MPM Development, LP) $322,684.80 (Wastewater: Trunk) FY25 S. King's Landing Unit 11 (MPM Development, LP) $394,296.00 (Water:Water Arterial Transmission&Grid Main) FY26 FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TRUST FUND BALANCE AS OF NOVEMBER 30, 2025 Available Combined Trust balance as of 11/30/2025 as reported by Finance is: -$1,099,460.98 Individual Trust Fund balance break down (including Cash Management): -$1,165,318.21 $65,857.23 Developer Project Water Wastewater Total: $ (1,165,318.21) $ 65,857.23 $(1,099,460.98) MPM Development, LP Kin 's Landing U12 $ 252,720.00 $ 252,720.00 Balance: $(1,352,180.98) MPM Development, LP King's Landing U13 $ 62,040.001 $ 62,040.00 Balance: $(1,414,220.98) MPM Development, LP Oso Creek Corner(Water) $ 380,460.00 1 $ 380,460.00 Balance: $(1,794,680.98) MPM Development, LP Oso Creek Corner(Wastewater) $ 227'100.00 $ 227,100.00 Balance: $(2,021,780.98) 7 City of Corpus Christi 0@: FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION RECOMMENDATION • Staff recommends approval of the • The request is in accordance with UDC reimbursement agreement with MPM Section 8.5 Trust Fund Policy. Development, LP to reimburse the developer up to $252,720.00 for the City's share of the cost to construct the water infrastructure improvements. CITY OF 4- 1-11 � ti. � CORPUS CHRISTI GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! � f 4 II Y: UNIT 13 UNIf 12 1• ++ Legend Subdivision 0 500 1000 US Feet Location Map PROJECT LOCATION Kings Landing - Unit 12 -13 Corpus Christi TX •� � s o F PA School DATE CREATED 11/10/2025 CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 01/13/2026 Second Reading Ordinance for 01/27/2026 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a)cctexas.com (361) 826-3596 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for King's Landing Unit 13 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $62,040.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 13 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $62,040.00 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 38.07 acres of single-family residential homes with approximately 155 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $62,040.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 38.07 acres subdivision named King's Landing Unit 13 subdivision located north of Lady Claudia Street and west of London Pirate Road. The plat was approved by the Planning Commission on July 23, 2025. The water improvements consist of 290 linear feet of 12" PVC pipe. The allowable reimbursement amount is $62,040.00. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new King's Landing Unit 13 subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $62,040.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager for the FY2026 budget up to $62,040.00 to reimburse the developer in accordance with the agreement. CCW Transferred $9,190,356.00 into the FY25 Trust Fund Budget to address the ongoing deficit Trust Fund balance. Since then, there have been 8 additional agreements with an additional commitment of$1 ,991,301 .60 to be paid out of the Trust Fund, thereby bringing the balance, as of November 30, 2025 to -$1 ,099,460.98. There are (4) agreements scheduled for today, which include the following: 1 . King's Landing Unit 12 (Water Arterial Transmission & Grid Main): $252,720.00 2. King's Landing Unit 13 (Water Arterial Transmission & Grid Main): $62,040.00 3. Oso Creek Corner Unit 3 (Water Arterial Transmission & Grid Main): $380,460.00 4. Oso Creek Corner Unit 3 (Wastewater Collection Line): $227,100.00 If all (4) are approved, that would be an additional $922,320.00 to the previously approved obligations to developers with a new proposed Trust Fund balance of -$2,021 ,780.98. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Department: 46 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Department: 46 Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $62,040.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 13 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $62,040.00 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on July 23, 2025, to develop a tract of land, approximately 38.07 acres known as King's Landing Unit 13 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings and recitations set out in the preambles to this Ordinance are found to be true and correct, and they are hereby adopted by the City Council of the City of Corpus Christi and made a part of this Ordinance for all purposes. SECTION 2. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 12-inch water line, including all related appurtenances, for the development of King's Landing Subdivision, Corpus Christi, Nueces County, Texas. SECTION 3. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 4. Funding in the amount of$62,040.00 is appropriated from No. 4030-21805-777 Water Arterial Transmission & Grid Main Trust fund to reimburse the Developer for the construction of a water arterial transmission & grid main line, and improvements in accordance with the Agreement. SECTION 5. The future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund until $62,040.00 is appropriated in accordance with this ordinance. SECTION 6. The City Manager or designee is authorized to appropriate $62,040.00 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement. SECTION 7. This ordinance takes effect upon passage. Introduced and voted on the day of 12026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on July 23, 2025 to develop a tract of land, to wit: approximately 38.07 acres known as King's Landing Unit 13 subdivision located north of Lady Alexa Dr and Lady Claudia Street. as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Kings Landing Unit 13 -Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 290 LF $120.00 $34,800.00 2 12" CROSS 1 EA 3,750.00 $3,750.00 3 12" GATE VALVE WITH BOX 1 EA 5,550.00 $5,550.00 4 6" GATE VALVE 2 EA 2,000.00 $4,000.00 5 12" CAP W/2" RISER 1 EA 1,100.00 $1,100.00 6 CONNECTION TO EXISTING WATERLINE 1 EA 2,500.00 $2,500.00 SUBTOTAL $51,700.00 ENGINEERING, SURVEYING, &TESTING (11%) $5,687.00 CONTINGENCY (7%) $3,619.00 BOND 2% $1,034.00 TOTAL $62,040.00 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 12 3. REIMBURSEMENT a. The cost for the Water Improvement is $62,040.00. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $62,040.00, as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 12 §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of 120 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 S I TE' ——————————— ————————————— I E s 03 4 S a 929T.55TW S"T,I'll 11, 1513 G4 E SSE N-00 23'W 5612.99 .1ni 151 Soo ENGINEERING 1� EN1111111-111. 111LIGIN111 PLAT .N',LENSING. IEI 1�1-1 01M. Y TYPICAL STREET SECTION 50'ROW 11111T 111TICOl xww 60,ROW TYPICAL STREET SECTION ecxG759ROW ew No me �C Qieggi J�i F, SpD,�E��,MI�MELREEA,�E,NNDE " N,E o.pF N.�N M DITI"H N SF EC�RN�—"5,2,1TI-NFT IRDBN E,, F S PUIRIE1 —11 ENRINEE11- I—Ey IPI N� NEEN�'E�M IN�LR Fl EL 'N47'NT IF 11—FRNIINI, CORPUS CHRISTI RIFECES COUNTI TO EXHIBIT 2 r Reimbursement Agreement ::�rw a Application lHil4nTl0 MHi 5 MEMBER 2406 Leopard St. Corpus Christi,TX 78408 1 Phone:361.826.3240 I Fax:361,826.4375 i contracts andagreementsQacctexas.com Date of Application: October 13, 2025 Approved Plat Name: Kings Landing Unit 13 Public Improvements Deferred: Water Reimbursement Approved Public Improvement Plans: Y `/ N Cost Estimate for Deferred Public Improvements $ 62,040.00 Ownership and authorized signatories to enter into the agreement: MPM Development, LP / Moses Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email V Phone Other If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature& Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St,Suite 100 Carpus Christi,Texas 78403 City of Corpus Christi I Farm No:DSD-3016 Rev.12120221 Page 1 of 2 EXHIBIT 3 ROADWAY AND WATERLINE IMPROVEMENTS TO SERVE KINGS LANDING UNIT 13 DESIGN MEMORANDUM SEPTEMBER 2025 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY GABRIEL HINOJOSA, P.E. 106057 September 24, 2025 Prepared by: Gabriel Hinojosa, P.E. ENGINEERING CIVIL-WINDSTORM-CONSULTING F•198r9 Table of Contents EXECUTIVE SUMMARY SECTION I Introduction SECTION II Proposed Improvements SECTION III Roadway Alignment SECTION IV Waterline Alignment SECTION V Roadway Design SECTION VI Utility Design SECTION VII Work Plan SECTION VIII Construction Requirements EXHIBITS: A. Site Location B. Master Plan Map C. Development Exhibit Design Memorandum Page 11 Executive Summary The following is the Executive Summary for the plan submission for the Kings Landing Unit 13 Roadway and Waterline Improvements. This project involves the construction of a section of Castle Black Rd., a Master Plan collector street and a 12" water grid main. There is a proposed single family residential development located approximately 1 mile north of FM 43 (See Exhibit A). Currently there is one section of the collector constructed with Unit 11. Our intention is to continue Castle Black Rd. per the master plan east through the proposed development to eventually intersect County Road 33. The proposed development includes approximately 31 acres of single-family residential homes with approximately 140 lots. The design of the roadway will follow criteria established by the Infrastructure Design Manual. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). The proposed extension of Castle Black Rd. will be within a 75' right-of way and contain a 50-foot back of curb to back of curb concrete road section. It will also contain 4' sidewalks on both sides. Along roadway, a water line needs to be installed to serve the proposed development. The proposed waterline will start at a stub-out on Castle Black Rd. at the end of Unit 11. The total length for the 12-inch waterline installation is 290 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet.The waterline design will follow criteria established by the IDM. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct a section of Castle Black Rd. and waterline to serve a proposed development. The proposed roadway infrastructure includes a concrete street section, drainage infrastructure, waterlines, sanitary sewer and sidewalks. There is a proposed development for a tract of land, project name Kings Landing Unit 13, 1 mile north of FM 43. Currently there is a section of Castle Black constructed from Unit 11. This section is approximately 290 linear feet. There currently is an adopted Roadway Master Plan for this area (Exhibit B: City of Corpus Christi Roadway Master Plan, London, Service Area 15). As part of the master plan there is a proposed collector section. As part of the proposed improvements, a segment of the collector will be constructed. The collector section will begin at the end of Unit 11 and extend east approximately 290 feet. The proposed waterline will start at a stub-out on Castle Black Rd. at the east end of Unit 11 Blvd from a previously constructed 12" waterline along the proposed section of the collector. The total length for the 12-inch waterline installation is 290 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. The proposed improvements as part of this project will provide vehicular, water and sanitary sewer connectivity to future sections of Castle Black Rd. to the east including intersection at County Road 33. Design Memorandum Page 13 SECTION II — Proposed Improvements A. Castle Black Roadway 1. 75' Right of Way 2. 50' Back to Back Concrete Pavement Section • 8" Thick Concrete Pavement • 12" Lime/Cement Stabilized subgrade 3. Drainage Infrastructure 4. 4' wide Sidewalk sections B. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. SECTION III - Roadway Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. The proposed section will begin at the east end of Unit 11 and continue east along the same bearing for approximately 290 feet. SECTION V — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed waterline will start at a stub-out on Castle Black Rd. at the east end of Unit 11 Blvd from a previously constructed 12" waterline and will extend from that point east. This line will be installed inside the right of way on the south side of Castle Black Road. B. Crossings The future 12-inch waterline will cross the following: Utilities a. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will be a crossing of proposed sewer lines, which will be designed per TCEQ & City Standards. Design Memorandum Page 14 We do not anticipate the following crossings: b. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there should not be any crossing of existing petroleum or petrochemical lines. SECTION IV — Roadway Design A. Pavement Design 1. The design of the roadway will follow criteria established by the Infrastructure Design Manual. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). 2. A Geotechnical Report has been conducted for this area. SECTION VII — Design Flow for Sanitary Sewer and Water A. Design Flow for Water Line 1. Service Area The proposed sanitary sewer system is designed to serve approximately 31 acres of land that includes multi-family, single-family, schools and commercial. There will be approximately 140 lots for the entire proposed development. 2. Design Flow The updated design flow from the proposed development was calculated as follows: 350 GPD/LOT AVG. DAILY Total Lots= 140 Total Average Daily= 49,000 GPD Therefore, the expected water demand for the proposed development is calculated to be 49,000 GPD Design Memorandum Page 15 SECTION V — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All plan and profile sheets will be arranged as to read from left to right with the project beginning at Mapache Pass. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Design Memorandum Page 16 SECTION VI — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. Design Memorandum Page 17 EXHlBrrA yy I KINGS LANDING DEVELOPMENT— As, a � V 1 / 401 1►" I I T I t TM c ate-. ra r y 1'2 L 9„ ,— �r Googg,Earth -- - _= -- - • `^ Service Area Location Map s 1 a� i n 3 4 $ E /T MA 6 5 w 7 9 ��' r,E��T^oeq✓ •, 18 � 11 10 S� 11n5 12 16 19 14 1 13 20 e . 1`L `�5 z1 �'°�✓ la EXHIBIT B ` Y r, 15—V w w o a Sf o 15—U _ xPo US,U, — p9 � / if 15—B 15 A GeH° 15—C 15—D — r PC __X _ 15—F 15—L 15—H 15—G w o' �'i _J Legend Service Area 5 Corpus Christi City Limits Service Area 6 Widening Projects Service Area ---- New Projects N Service Area 9 _Non Impact Fee Study Eligible Transportation Plan Service Area 11 Intersection Improvements Service Area 12 Service Area 13 o 1,wo 3,000 Service Area 15 EET LONDON (SERVICE AREA 1§1 PAPE-DAWSON A-2023 �� Ts oJU �w ENGINEERS CORPUS CHRISTI,TEXAS 1.0 IMPACT FEE STUDY °'NN" eR°° TE�ENGINEERING FIRM R 0 ��' 1037E900 sOv 9� e 9 nm 0 7 O t � . 91 ,_ gi U W �neo + ,ao Z_ _ o^L MJ �a. Z a onramsn o°xsrwn°ix.waa°xonw°eoiws orTYPICAL PCCP�57REET SECTION—JS'Row EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 9/12/2025 Kings Landing Unit 13- Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 290 LF 120.00 34,800.00 2 12"CROSS 1 EA 3,750.00 3,750.00 3 12"GATE VALVE WITH BOX 1 EA 5,550.00 5,550.00 4 6"GATE VALVE 2 1 EA 1 2,000.00 4,000.00 5 12"CAP W/2"RISER 1 1 EA 1 1,100.001 1,100.00 6 1CONNECTION TO EXISTING WATERLINE 1 1 EA 1 2,500.001 2,500.00 SUBTOTAL $ 51,700.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 5,687.00 CONTINGENCY(7%) 3,619.00 BOND(2%) 1,034.00 TOTAL $ 62,040.00 Page 1 of 1 EXHIBIT 5 City of CITY OF CORPUS CHRIST] Corpus Chnsti DISCLOSURE OF INTEREST Corpus Christi Code 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer wit "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: MPM Development, LP STREET ADDRESS: 2301 Airline Rd Ste 209 P.O.BOX: 331308 CITY: Corpus Christi STATE: Texas Zip: 78463 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner ❑ 4 Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Mossa (Moses) Mostaghasi Board, Commission or Committee - Capital Improvement Advisory Commity 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Mossa (Moses) Mostaghasi Title- General Partner Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city- b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,Assistant City Managers, Department and Division Leads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, prcxies, or special terms of venture or partnership agreements. g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Go�Qus Cy, s km REIMBURSEMENT AGREEMENT - u M P M DEVELOPMENT, LP - FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION s_ FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION REIMBURSEMENT AGREEMENT Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $62,040.00 with MPM Development, LP to construct a water arterial transmission & grid main related to King's Landing Unit 13 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $62,040.00 to reimburse the developer in accordance with the agreement. (District 3). FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION LOCATION MAP • �L,'�,F. ' N - 5 s i Legend � Water Mains u � Subdivision �� eoundary '. 0 500 1000 US Feet Location Mapes Kings Landing-Unit 11 Corpus Christi TX 3 City of Corpus Christi FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TOTAL COST ESTIMATE Kings Landing Unit 13 -Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 290 LF $120.00 $34,800.00 2 12" CROSS 1 EA $3,750.00 $3,750.00 3 12" GATE VALVE WITH BOX 1 EA $5,550.00 $5,550.00 4 6" GATE VALVE 2 EA $2,000.00 $4,000.00 5 12" CAP W/2" RISER 1 EA $1,100.00 $1,100.00 6 CONNECTION TO EXISTING 1 EA $2,500.00 $2,500.00 WATERLINE SUBTOTAL $51,700.00 ENGINEERING,SURVEYING,&TESTING(11%) $5,687.00 CONTINGENCY(7%) $3,619.00 BOND (2%) $1,034.00 TOTAL $62,040.00 4 City of Corpus Christi FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TIMELINE OF TRUST FUND BALANCE FY24-FY25 Available Combined Trust balance as of 11/30/2025 -$1,099,460.98 FY 2024 - 18 projects -$14,912,540.24 Ending Cash Balance $3,738,843.04 End of FY 2024 Balance -$11,184,923.57 CCW Transfer - Wastewater $7,384,800.00 Water $1,805,556.00 Total: -$1,994,567.57 FY25 - 7 projects -$1,597,005.60 FY26 - 1 project -$394,296.00 *As of 11/30/25 Balance is Total: -$1,099,460.98 -� *Note: Balance reflects progress payments made on projects as well as deposits made into the Trust Fund Accounts. "= 5 City of Corpus Christi FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TRUST FUND BALANCE City Council has approved 8 requests in FY25 & FY26 resulting in the Trust Fund to be overcommitted again, as of November 30, 2025 by: -$1,099,460.98 1. Westwood Heights Unit 4 (Devonshire Custom Homes, Inc) $14,476.00 (Wastewater: Collection Line) FY25 2. King's Landing Unit 6 (MPM Development, LP) $440,829.12 (Wastewater: Trunk) FY25 3. King's Landing Unit 9 (MPM Development, LP) $14,685.78 (Wastewater: Trunk) FY25 4. Waldron (Horizon Land Properties) $524,660.00 (Water: Water Arterial Transmission&Grid Main) FY25 5. King's Landing Unit 10 (MPM Development, LP) $114,240.00 (Water: Water Arterial Transmission&Grid Main) FY25 6. King's Landing Unit 10 (MPM Development, LP) $102,830.40 (Wastewater: Trunk) FY25 �y 1 7. King's Landing Unit 8 (MPM Development, LP) $322,684.80 (Wastewater: Trunk) FY25 S. King's Landing Unit 11 (MPM Development, LP) $394,296.00 (Water:Water Arterial Transmission&Grid Main) FY26 FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TRUST FUND BALANCE AS OF NOVEMBER 30, 2025 Available Combined Trust balance as of 11/30/2025 as reported by Finance is: -$1,099,460.98 Individual Trust Fund balance break down (including Cash Management): -$1,165,318.21 $65,857.23 Developer Project Water Wastewater Total: $ (1,165,318.21) $ 65,857.23 $(1,099,460.98) MPM Development, LP Kin 's Landing U12 $ 252,720.00 $ 252,720.00 Balance: $(1,352,180.98) MPM Development, LP King's Landing U13 $ 62,040.001 $ 62,040.00 Balance: $(1,414,220.98) MPM Development, LP Oso Creek Corner(Water) $ 380,460.00 1 $ 380,460.00 Balance: $(1,794,680.98) MPM Development, LP Oso Creek Corner(Wastewater) $ 227'100.00 $ 227,100.00 Balance: $(2,021,780.98) 7 City of Corpus Christi 0@: FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION RECOMMENDATION • Staff recommends approval of the • The request is in accordance with UDC reimbursement agreement with MPM Section 8.5 Trust Fund Policy. Development, LP to reimburse the developer up to $62,040.00 for the City's share of the cost to construct the water infrastructure improvements. CITY OF 4- 1-11 � ti. � CORPUS CHRISTI GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! � f 4 II Y: UNIT 13 UNIf 12 1• ++ Legend Subdivision 0 500 1000 US Feet Location Map PROJECT LOCATION Kings Landing - Unit 12 -13 Corpus Christi TX •� � s o F PA School DATE CREATED 11/10/2025 CITY OF . ) CORPUS CHRISTI AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 01/13/26 Second Reading Ordinance for 01/27/26 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a)cctexas.com (361) 826-3596 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development for water improvements for Phase-II subdivision known as Oso Creek Corner Unit 3 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to$380,460.00 with MPM Development, LP to construct a 12-inch water arterial transmission grid main line for a proposed Phase-ll residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $380,460.00 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, LP is developing approximately 20 acres for 100 homes and is requesting funds to construct a new water arterial transmission and grid main improvements associated with the development. The estimated one-time cost of the improvements is $380,460.00. BACKGROUND AND FINDINGS: The Developer, MPM Development, LP, has requested reimbursement through a reimbursement agreement for the 20-acre subdivision named Oso Creek Corner, located off Yorktown Dr., southeast of Starry Rd. Oso Creek Corner Master Preliminary Plat was approved by the Planning Commission on October 5, 2022. The development, located off Yorktown St., southeast of Starry Rd, plans on 269.95 acres including street dedications in the Flour Bluff and Encinal Farm and Garden Tracts. Construction consists of installing 1,300 liner feet of 12-inch PVC water line to supply water to the proposed development. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Gris Main Trust Construction Standards. Project is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust per UDC Section 8.5.1.C. ALTERNATIVES: This project will improve and facilitate development of Phase-II of the Oso Creek Corner Subdivision. An alternative to utilizing trust funds to construct the water transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $380,460.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager for the FY2026 budget up to$380,460.00 to reimburse the developer in accordance with the agreement. CCW Transferred $9,190,356.00 into the FY25 Trust Fund Budget to address the ongoing deficit Trust Fund balance. Since then, there have been 8 additional agreements with an additional commitment of$1,991,301.60 to be paid out of the Trust Fund, thereby bringing the balance, as of November 30, 2025 to -$1,099,460.98. There are (4) agreements scheduled for today, which include the following: 1. King's Landing Unit 12 (Water Arterial Transmission & Grid Main): $252,720.00 2. King's Landing Unit 13 (Water Arterial Transmission & Grid Main): $62,040.00 3. Oso Creek Corner Unit 3 (Water Arterial Transmission & Grid Main): $380,460.00 4. Oso Creek Corner Unit 3 (Wastewater Collection Line): $227,100.00 If all (4) are approved, that would be an additional $922,320.00 to the previously approved obligations to developers with a new proposed Trust Fund balance of-$2,021,780.98. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Department: 46 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Department: 46 Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $380,460.00 to construct a 12-inch water arterial transmission grid main line for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $380,460.00 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 5, 2022, to develop a tract of land, approximately 269.95 acres known as Oso Creek Corner; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings and recitations set out in the preambles to this Ordinance are found to be true and correct, and they are hereby adopted by the City Council of the City of Corpus Christi and made a part of this Ordinance for all purposes. SECTION 2. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 12-inch water line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 3. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 4. Funding in the amount of $380,460.00 is appropriated from 4030-21805-45 Water Arterial Transmission & Grid Main Trust fund to reimburse the Developer for the construction of a water arterial transmission & grid main line, and improvements in accordance with the Agreement. SECTION 5. The future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the 4030-21805-45 Water Arterial Transmission & Grid Main Trust Fund until $380,460.00 is appropriated in accordance with Section 3 of this ordinance. SECTION 6. The City Manager or designee is authorized to appropriate $380,460.00 from the 4030-21805-45 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement. SECTION 7. This ordinance takes effect upon passage. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a master preliminary plat, approved by the Planning Commission on October 5, 2022 to develop a tract of land, to wit: approximately 269.95 acres known as Oso Creek Corner located in Flour Bluff and Encinal Farm and Garden Tracts as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 13 becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Oso Corner Unit 3-Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12"PVC PIPE 1,300 LA $120.00 $156,000.00 2 12"CROSS 1 EA $3,750.00 $3,750.00 3 12"TEE 2 EA $2,250.00 $4,500.00 4 12"GATE VALVE WITH BOX 4 EA $5,550.00 $22,200.00 5 6"GATE VALVE WITH BOX 3 EA $2,000.00 $6,000.00 6 12"CAP W/2"RISER 1 EA $1,100.00 $1,100.00 7 CONNECTION TO EXISTING WATERLINE 1 EA $2,500.00 $2,500.00 8 FIRE HYDRANTS 2 EA $8,500.00 $17,000.00 9 DE-WATERING FOR WATERLINE 1,300 LF $80.00 $104,000.00 SUBTOTAL $317,050.00 ENGINEERING,SURVEYING,&TESTING(11%) $34,875.50 CONTINGENCY 7% $22,193.50 BOND(2%) $6,341.00 TOTAL $380,460.00 b. The plan must be in compliance with the City's master plans. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 13 c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements is $380,460.00. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $380,460.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 13 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 13 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 13 a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of $100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 13 (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof fora period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 13 the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.hftps://www.ethics.state.tx.us/IegaI/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 13 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 120 by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 13 of 13 EXHIBIT 1 CIVIL ENGINEER&LaNe SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY OSO CREEK CORNER op®eL§�k4io:e aN%.2 i°e�`5a�:�o®�u� A 269.947 ACRE TRACT OF LAND,BEING PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ s+hglxp mrvTAcr.TrocA.Troabnagn,aPLs 3,OAND50F SECT ON 35,FLOUR BLUFF AND ENCNAL FARM R AND GARDEN TRACTS,IN VOLUME"A",PAGES 41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a DATE OF PRINT:Sep2mbu 21,2022 ° INDEX MAP yC.pLE.i s/r£� 11I „w YDRKT—N AIR Ws xwp I, ��-- -------- -_-- ---__ -_--.--------- O LOCATION I1 3000P LOT 1 L- 20.025 AC LOT 2 ffi2,296 SF 2).889AC t J E- ¢ 1,214,846 SF o El o W EWVD 1111111A—El ECTFIC - GO DRa NncE oIREC3oN190.451 AC oeo cREErc 5,682,466 SF nwnrva Docgzo11oz Tzze �I o PHASE _ ELSE OS REEK' EXPECTED COMPLETION I FILE rorvF- wo'TnEPEON A AGREEJ� BY MAY 20211RE DIN AS T"SCOOR EM l PS,ry mrvas 0PUS Y D LIFT cNRl22i — LOT4 -= L NE PR NA N THLE E PPLYTHU lrvE Do�p2e»o ED o P,1 -- 39..1 AC 1,—,046 SF neaeOry Aae rvavo ee oATum,as oLTeamlrvco O IRS OBSERIATION GRANTEE.LISA ANNLAN,Eks SHEET 9 D N2oPre4rvcsi T�oeArvo lsspa,eCTTO owrvae,vsTReiOrvlrva MA9 ALPITTERAREA CONTAIN-2 asaACP6OI LAND lrvcwDlrva OA 1,2021 A POTION TMDTRACTIs LONE IrviONEA AND, E AiNAcegeoW 3s�6ae j� e eds"Al PHASE2 rvALww,TarvL�Irvverv,ORx.POhrvTwL OF CORPUS CNR 154,90)SF / ( 1EXPECTED COMPLETI ON LoeT/aaraaearvo PARK ress�wLLwePalo Paloa 0o N2o pT0oa355e S BY MAY Z(125) I =UMEN T,HALL BE/j WlINI DEs�sl THE�PMENNA TUi-DAD[eula2o Top2 corv2 sM ENT crvT LOT LPLAT us. VILLA MANAGEMENT 90.991 ACAIR¢P 1,929,ffiJ SF ------ sIF(:FUD rvn LOT 3ITF OOCN20Ri02i 29i i 130.951 AC ---- .ropcjiLroacos<a ooc(u/cav s uaro Tx 5 6ffi 466 SF ADD. �$ i cOnce)u 12 /pEIA'e s _11--_ _ - rvFIEE reao zL 51 Zoning Table - —-FEA—c Al—NI Existing Zoning Lotl Farm Rural District , Lott Fann Rural District ES(CALLED) ot3 oral Distritt I� Dee IREER Farm m Rural District asideni al Estate mitt LA D0112002PV212292 Loth a Ura l District 1 Pr pposed Zoning ` General ommerdN .. HRIS icASLLL e) Lott General Commertlal AlAlTIAENT wLL E— Single Family Residential DOCN202i0o OFS / 5l ngie Family Residential "' Lots Si ngie Family Residential - Lot6 5i ngle Family Res.dential C Pro used Phas'n Summa sg Phase Acres An[ici0a[ed Start Date Antici0ated ComDle[ion Date Land Use -" 1 303.236 5e tember-2 1 Ma 2023 GC/RS SEE SHEET 13 FOR LINE 2 1 16E.626 May 2023 May 2025 RS AND CURVE TABLES Si�ET7 Q�CI CIVIL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -Ivv OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves Troobnogn,aais 3,OAND 5OF—ON 35,FLOUR SLUFFAND ENCNALFARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP A \ RECORDS NUECES COUNTY,TEXAS,CORPUS CiRISTI,TEXAS —— ode UtTny \ DATE OF PRINT:Sep—b,21,2022 15— c mg2o06ot ss�9. — SIT£L� }_ - =VORKTO jN BLVD aw � � — � ✓ Tccei ,� �3, Y-E c _ eb COKRAtt)-- 1�I SHEET 1 SHEEP SHEET LOCATION 3000 o�Wezooa0iz 1�orJ I� �'g .q Ih Da m2'0'0615 PR — O 0,P R,B cieoissi9. w veer \ e veer N y ' o i\ \� s PROPD D STORM sEwER T, f ElIT11 oR I ----� �v1 FE HE EE_',A%ELEITIII HE L RE ro�ro III ED — ✓ 'E Ao°3;A �v �s �PRO�INETME���TOF�� aMTEM'p�Iw�TM�E��P ��E —— / PPLYTMECMRIN DEED D ; NEIaRbBYIPSOBSERIAION b � b�=aR�p�IR o�NE�N�EI �aN0E TCDEaNbl==U�ERTON�E�TME=ONIN�Ma� LGT2 CNTaIN=ET=a56 01L-DIN�DINI FR(GG 01, \FR(GL) 1,2021 a POTION 111 TRacI LOCATED Irv—EsnE ✓ ✓ rvab wETtarvas lrvv[rvTORv,aoTErvTwb TT-w TE OET/na EaHEnrvo H—PEsswueE-D PRIOR To RE EN TND E RE ED WITHOh3eE1PT�TFRH cOry LpRO aEOOTOG[ECLNO EN ENT RD"Uh to ✓ [ELEGEtlQ`o5R NI'l"lll 1-1 r o- $ c E R,°Pv=�E� Ro`o,"imP�s,MP�o„ a m — - _ 21 N RON ,E s C o T\ - - - b� EENEM 7 j s \ ✓I C LOS CH%C OS JP, _ >smra rc„e is -v evriss w ssa» _ FR(RIP A SEE SHEET 13 FOR LINE 64SFl2 OFx9 AND CURVE TABLES CI AL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —100 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14 AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves T.00bnogn,aaLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENONAL FARM v ANDGARDENTRACT$IN VOLUME P ES41 MAP RECORD COUNT Y,T CORPUSCHRISTI,TEAS DATE OF PRINT:Sep2mber 21,2022 ° e2 — m006011 519. — — MEET SIlE� P J_,� L VORKTWN BL\VDfl11J —T\ ZI - —E SHEET MEET C— \ LOCATION MAP r 3 000 SHEET 7 EET SHEET 6 a SHEET LF / � , EWER1111111P—El �TRI� SHEETEET1 SHEET 13 F'E_Eo�R'CA% M KEY mnR lz — N o of °�,`�``ow°hE Eory �.NElrva°aE,,>_ EM I—)I 1'rv6s°Pus V 'EaEOrvaaErva�°aaD-M,IoIERMNE° OT3 Tm°Earv°IssuaEcr To awrvsEumEmrvirvsrvia IR[RS) CHEA-�TL PI LOT2STR s,2021PoPw I.NIIIi A`ris�s°a°EErvTw°°irvs OR(PC) / o°irvsuaarvcEaaTEmaa,aary EL aesssa54E I i _ °MPTMOA' aow °EMS `oEo ;Eo`aP='°PAa'Aa E.rvaLPaT ULQ ao=,M `33IMEF�A =Ea IRE°TOaECOrvI TENT ° ---- � PIN a°6,E s \� — -°aa—E 1E0Ew i o Ell N 6„9s5 w.6a,e Lora `@ FR(RS) f ® 38 6: SEE SHEET 13 FOR LINE E &LEE70 OF 13 AND CURVE TABLES CI AL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14L AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a v#^ S+hglQp 1-41.Tlo T.00bnogn,RPLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP S_ RECORDS NUECEDATE OF PRINTTEXAS,CORPUS 21,20I,TEAS DATE OF PRINT:Sep2mbu 2l,2022 C v—IuunE _ SIR, VORKTOWN BLVD tes ce p2c i60155P9. 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EP� .< ,E , L SEE SHEET 13 FOR LINE n 9WE74 CF A9 AND CURVE TABLES CI AL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -IDD OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14L AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves T.00bnogn,aaLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISM,TEXAS 'a DATE OF PRINT:Sep2mbu 21,2022 MEET SHEET/I, SHEET 4 SHEET LOCAEION M�A�P EOe TPe Lutlllty4 SCEFL =3 ore BzOosm ssa. MEET SHEET \EET8 SHEET Es El o�� Ew[cTRIc1111111P—El SHEET MEET11HEETi KEY NIAP .mPOST IN6 g iOA NHREON nE1 sEoE em INmrve ausM } aaPLY me COMBNLn neaeorv74=ee D—M,I DIERMINEDTo 0 '\ s,L To./AcauvE arvo aaa N eesOsnau eeTaa orvaaioa =LOMTE\ u�wo IT as�sl TneriNT'l`T DI aeTo'on To ee mrvsisrLrvT TO THE I rrvun - - r \�F[Ma a000aLary = o�annwcs con'H xo eoa/'L s -_ -- aMPLo 11 oN �a \ C� LOT3 FR/RS) 3 g E.IIEEI tsi SEE SHEET 13 FOR LINE AND CURVE TABLES CI AL ENGINEER&IAND SURVEVOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14 AND 15 SECTION 34,AND ALSO ALL OF LOTS2, °a ems s+hglxp mNTACT.Tro'A Troobnogn,aais 3,4,AND 50E—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORD$NUECFS COUNTS,CORPUS I,TEAS DATE OF PRINT:Sep2bu 21,2022 ET' MEET �� MEET MEET U � LOCATION 300P II MI IF ACRES C 4 o II EARTRIPTI ITA B 1 q azNocT / sR a MEET UTILIN LECENo Es JS"EETT' AS EWERECTRIc Lino1 CERREE 1 EETL ILANI oaa NACE oIRECmoN CIENTEF.CORPUS CRRISTI IGREU APARTrnENT oc_2'12122S caouv.uc KEY NIAP E, cR N Rs — ,CA2oA o.P.R.N.c III —— —— —— —— —— _ D224 ACRES O Us aR s.TnEeEAaIN�s,oISTA moaoINATTssnowN nEnEON DOCiloII1oip981 lol lii o�313 o E;Aoa3,"A=TE } EIIP=IAIITMNI=OPU �I.W Eora REaEON 4 NA°°as CAl R AT DITMINED � FR(RSf KBY A PS OBSERIATIONO TCODEANDTONTAIN 2,2.51ACRE OILANDIINCT°oN° 'MAR"4." II �� a NTED N T.ILLANO, RRE � f E°E1A POTION TM11TaACTI=LOCATED IN—EA ANDONEa o.R.RN w ND=aI ON=ITENA w N�INI NTOa�,PO ENTwL LOT/Aa EAREAN°aARKIPOIwu°EaAI°Palos TOREa h TEONTE II o mLA TNHA`L BE REEoao�EEANo 4 D ` 11 EACH aDApi�oU-,''�3�3TEFINA`<<°;�°aEa°IaED TO°E CONTITTENT TO THE-NINI r 1 / T -----IN M LEG= �Pl °'�ci��roao°,�a��x°NS xo�aTEaP"s MPTx,. ,EN°101D ,Es °EA—EOl—NI .F RE \ N181//2 E4a4 R \ I I I T \3 LE I L.PROW)PUBLIC 1,yry RELEASED A cH°CT Is ENT `" Roca°oop\z,z9A0SM ° '\\ is SEE SHEET 13 FOR LINE &IA&-TE CFO AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp CorvTACT Tro'A T.00bnogn,aPLs 3,4,AND 50E—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a J DATE OF PRINT:Sep2mber 21,2022 SHEET SHEEP SHEET SR SET s LOCATION MAP SCALE.1=3000 yHEET�sR �EET8 SHEET ✓Q s EwER 1111111P—El ElIT11 IPERH RE EEri oauAE 'A% R EETi KEY mnr _ RP E�E ES FORS / INrvTf1rvA0wNIE EEory } / _ (�( r \ Emn1EMlN ian rvOSOaus n[a[orvAaE rvavoee oAiurvi,ASEOErEn rviirvEo O DE=MENT CODE AND IS UA—TOCIANIEll—NINIMAY To _�� E,EDE'LoZAPOT�ON TMSTaAA L AED�rvsOrvEA AND'ONENALw�rv��rvrENTOEar POTENTIALs�sAOG SOETEACR—EAND PARK EESSRALL DER41D PRIOR i� HO T=SIHN;=Paa,=HA°°oDF^M`=0NNZED'EEE`LOPMENT — — DI UDI EITREE�rvALPa DEIUIaEDTDDEECONI�TENT � 4 T5 Pass E DD l MaP pOeLlc -----D.—I cASLULM ,E s i (ROW)PUBLIC s RELE TO BE i RELEA9E0 - s FR(RS) IF SEE SHEET 13 FOR LINE ` �)�� AND CURVE TABLES CI AL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY IOALE -I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a ems s+hglAp mNTACT Tro'A T.00bnogn,aais 3,4,AND 5OF-ON 35,FLOUR BLUFF AND ENCINAL FARM $u. AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 7 I c DATE OF PRINT:ept bu21,2022 � MEET MEET SKEET LOCATION MAP \ I I a a s E000 ✓ C / / o - A II M SKEET, 8 SKEET EWER OODP N ElIT11llElH ELE�TRI� — Y� RE ET RE MEET1 I READ_oREa ON � LE OT3 l \ \ BET 7 I1P V RE`ow°h E`oN °aELAS y fora EMIasI�w NaSOPusT� PR NA N TSUS HHE APPLa TMECOMaiNED o A 'L L REaEONAaENAa°aa°AnM.I DITMINE° o DE=MEN CH T CODE AND�SU NTAiNACI szT�a IN A MAY ESA�Es oaN°NiNCLU°iNR V' DATED 0'0BE�FM L AELLANDS IAL 7� L \ To aEaoa°ATioN OF nooip�Ea EAN°PAaE�EEPsonALh ETPAIDNPapoa a ceAsHl\ sv5g"E MAPAOH on,� /o, o� �� \ Tsna MaeaEw o�o ENo ueE�o orv°mErirvA�avu.AaA °��, �e 1 N1Nls'sIT�EF�Ha�PaNT`CEp0�RTT0BECONSPnENT �5, e\ i \ DE — r ;,9= ER MRN°, N UE�E� w ___ FO�N'ENID 12 NA N R°° \ ` SE --PEA-1 EaEESEN, LOTS / J e FR lR5) _\ ROAD O 11 ReT PUBLIC Roao E BE -- _ — —___ -- \ ------c ———— __________ s I T SEE SHEET 13 FOR LINE ^J�ETB�fl AND CURVE TABLES CI AL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -IDD OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ s+hglxp 1rv41.Tlo T.00bnogn,RHLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENaNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP A = RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISM,TEXAS DATE OF PRINT:Sept bu 21,2022 sLr£L1 LOCATION MAP oso caEEu _ sRE sREEr sREErs BcnLE.1=3000 n zx3� SHEET SHEET 7. EET. SHEET El W ElIT11 ovERH SHEET [[ri [[r KEY I TOTAL NUMBER OF LOTS \ Rury Orr ra0M Tnls w Co �o TCEI rvaTrs srnowTO �ry nuarrory \ zorvr lrvao'NI as DETERMINED BY 1LO—POSILONINI rvi EMEry lm rvcs oasis \ PROCESSN To' APPLY TH E mM elry rn US \ Tmorarvo D To arcr awry eras mrzorvrv'ErvCH=MENu ro O \ \ CONIHs—.11 ars OrL ry IN cw of rvc ST�E D�DTo \ s,c030—AE—N os NIENIsoHRLoc sorvr aocENTws'arG \ TOT/aar IEarvo—x rrsswu eE Halo PRIOR "CH LOT"TH \ / as luoa s�sl THE HrvaLHUTaI l EO Rrn To BE mrvslsrrNT TO THE—INI EG=o rvry 1 I; rma/LroREorvscRUNscos o'(u/cavxs uuvLo ix \ ram[rervc ry reao oawrwc[cwsLULM cL S \ A FLOODPLAIN a°4D(ROW,PUBLIC----- - Ea11 -------- TO aE CREEP SEE SHEET 13 FOR LINE SIASF7`9 OF A? AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —I00 OSO CREEK CORNER nep®Tn �a �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, °a ems s+hglAp 1rv41.Troves T.00bnognEa PLs 3,OAND 50E-ON 35,FLOUR SLUFFAND ENCNALFARM ANDGARDENTRACT$INVOLUME P ES41 MAP RECORD COUNTY,T CORPUSCHRISTI,TEAS DATE OF PRINT:Sept bu 21,2022 m ={ EF sHEE sHErr SHEET LOCATION MAP / /? SCALE(=C00o SHEET a MEET VA �� I M EWER 111111P—El P i A coIP .R. art DCvLLAMANAGEwENT FR(RS) SHEET1 2o2o21291 DRUPE oCCO EITIII 3 o KEY VAP 2� _ 4 a O 4 m REMI ROAD lcev oW/ 1"PNFI Enowary n�[[Eory '�/o rv[Irvno'esl,n PUS ON , TH TMOi EnaPLv,UCOMBiry EYD ED s sPN Seve ae w62 ske �C42 n[a[OrvaaE rvavO ee Oacurvi,as OETEn rviiry Eo O To F To 54 5(CA ED7 s,aoa;a POTi0N TH a Ta,,L_TED iN zoNEa D1142,121' 02'NR9 AND EOT/acauv NDH—FEEll—L[Palo PRIOR OF THE F NAL PLAT P.R. To RECORDAT ON LOTS LP FR(RS) ITTITHE OST1uvOh3eE1THIE PTICTFprvao AN D LRBELT a0NN EECOLrvO sME NTh DE E I F(:FNM1 ----- pcs a Roo(n/cmP snuvvo nEDC NIH PIN FIEE S o — --O.—I cw0N' cES -11 ly Ls�l��-o c»eie w�vsTz-- Hlr FLOOEIL41N� Es(cALLEDI nan Do gzop%z�osscEME� .s SEE SHEET 13 FOR LINER/Q�2? AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY \1 , -I00 OSO CREEK CORNER nep®T,11.1,�a �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, Y. 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, a`gw { b n 3,4,AND 50F SECTI ON 35,FLOUR BLUFF AND ENCINAL FARM $ mrvTao.TroCa T��ass,aais AND GARDEN TRACTS,IN VOLUME"A",PAGES 41-43,MAP _ RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS pd� \ — +ems` \ \ DATE OF PRINT:September 21,2022 \ SIT£ MEET SHEET SHEET SHEET LOCATION MAP scnLE.i _ 1\ 3000 MEET SHEET \\EET8 SHEET WlT s EWER FR(RS) 1111111P—El oau NPGE oiR'CA%EL ECTRIC / HE EET1 EET1 1�.69e9 a1 / BC/ KEY M/1P �A / 5NITAILEEUI — RcRIIR � 40,yU6H�C LIFE 000 tY/ J�o / CI zorvE lrvao�31Nasa[ory } 18' T. rvi EMI ry Im rvRsoaus --o LOT3 SU R(RS) as nE .RN7RErvavo ee D—M, EDIT mlry Eo �BY I PS BSERIII.N TmDEarvo lssuaECTTo awrv�EUTn Ezorvlrv'rviav (" CorvTaH-2.5-CaE 1—D lry CwolrvI 121 s,z TOETNAL Ea[a DIHIEN-RInP.TENT14Lo ry Paoa L III / ��FEMA FL000PLaN Wlluoas�slTnESNT—NTIs aEn ToeEmrvslsTErvT l EG= rvry 11 >�/cEramED a reoF(o/cAv snuvEo 0 110 CREEII 68 SEE SHEET 13 FOR LINE S4SFrD OFx9 AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -IDD OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14L AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglxp Corv41 Troves T.00bnogn,aaLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP _ RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS DATE OF PRINT:Sep2mbu 21,2022 S) s �1 �0\ \/ SHEET SHEET 4 MEET o LOCATION MAPSCEFL b 1 [oT3 /IRUAaN FP(RS) SHEETa MEET ss EWER1111111P—El PUdLc e j ov /o SHEET 1 1 KEY—1 �FEMA Ro iN — / R\nlsMlrviTM C0 oasis aaaLv m[mrvieiry Ln / Na4a HEREON aa[rvavo ee oacurvi,as oe-rLn rviirv[o O CATED IN / s,CTOT/aRcau[arvo aaas[[vs�nAse[TVAs orvPRIOR To RE ON DEIELOPM ENT as IU—s�sl THE r-L_T aLL CONaRE—RED To BE Co ITENT TO THE-NINI Ts EG L = o50—El - f�C/cs DC rarei[Us<a aooC(u/cvvxs uUv o ix cs s) --------oanirwc[[ns[u[rvsry reao 6$ SEE SHEET 13 FOR LINE slEFTW 0.2J AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14 AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves T.00bnoen,aais 3,4,AND 50E—ON 35,FLOUR BLUFF AND ENONAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a j DATE OF PRINT:Sep2mbu 21,2022 HET MEET SHEET SHEET LOCATION MAP / scnLe i=3000 MEET MEET 7 EET8 SHEET LOTS / R(RS) wry El oTL 1111111P—El EWECTRIC 5 E SHEET1 MEET1 �AEL oau NPGE oiRECTON -';CFEIVIA FLOOOPLFII1 KEY MAP s9� FE oCTREEAwohUSE IN—Ho NHEREON } MIIP=IALLNISOPUS HEREONAaE—baaD—MIbIERMINEb BY IPS OBSERIATI ON ofET,A�LIETNND KPFEII—LBEU—PRIOR TORE OR HO INITTUMENTI � s�s,HEF�Na�P�TTE-`oD.oBEECoM�nEN. TO THE-NINI aooµ,aPsaMPo ereC �7 �s STET 12 OF XI EXHIBIT 2 r Reimbursement Agreement ::�rw a Application lHil4nTl0 MHi 5 MEMBER 2406 Leopard St. Corpus Christi,TX 78408 1 Phone:361.826.3240 I Fax:361,826.4375 i contracts andagreementsQacctexas.com Date of Application: October 13, 2025 Approved Plat Name: Oso Creek Corner Unit 3 Public Improvements Deferred: Water Reimbursement Approved Public Improvement Plans: Y `/ N Cost Estimate for Deferred Public Improvements $ 380,460.00 Ownership and authorized signatories to enter into the agreement: MPM Development, LP / Moses Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email V Phone Other If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature& Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St,Suite 100 Carpus Christi,Texas 78403 City of Corpus Christi I Farm No:DSD-3016 Rev.12120221 Page 1 of 2 EXHIBIT 3 ROADWAY IMPROVEMENTS TO SERVE OSO CORNER UNIT 3 DESIGN MEMORANDUM AUGUST 2025 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY GABRIEL HINOJOSA, P.E. 106057 September 24, 2025 Prepared by: Gabriel Hinojosa, P.E. ENCiINEERINCi CIVIL-WINDSTORM•CONSULTING F•I98�9 Table of Contents EXECUTIVE SUMMARY SECTION I Introduction SECTION II Proposed Improvements SECTION III Roadway Alignment SECTION IV Gravity Sewer Alignment SECTION V Waterline Alignment SECTION VI Roadway Design SECTION VII Utility Design SECTION VIII Work Plan SECTION IX Construction Requirements EXHIBITS: A. Site Location B. Master Plan Map C. Development Exhibit D. Utility Exhibit Design Memorandum Page11 Executive Summary The following is the Executive Summary for the plan submission for the Oso Corner Unit 3 Roadway, Sanitary Sewer and Water Improvements. This project involves the construction of a section of Oso Parkway, gravity sanitary sewer pipes, manholes and waterline. There is a proposed single family residential development located approximately 2,600 feet south of Yorktown Blvd. (See Site Location). Currently there is a section of Oso Parkway that was constructed as part of the initial development of the area. Our intention is to continue Oso Parkway per the master plan south through the proposed development. The proposed development includes approximately 81 acres of single-family residential homes with approximately 424 lots to be built in phases. The design of the roadway will follow criteria established by the Infrastructure Design Manual (IDM). Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). The proposed extension of Oso Parkway will be within a 60' right-of way and contain a 40-foot back of curb to back of curb concrete road section. It will also contain a 5' sidewalk on one side and an 8' sidewalk on the other. The design of the gravity line will follow criteria established by TCEQ in TAC 30 Chapter 217 and IDM. Material for the gravity main line will be PVC (Green, C-900, DR 26). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. The proposed gravity sanitary sewer will start at a manhole 2,600 feet south of Yorktown Blvd. and will extend from that point south. The proposed line will be installed along the proposed section of Oso Parkway. The proposed project will include approximately 1,300 linear feet of 12- inch diameter gravity sanitary sewer and 4 feet diameter manholes at required depths to be built at maximum depths. Along with the sanitary sewer line, a water line needs to be installed to serve the proposed development. The proposed waterline will start at a stub-out 2,600 feet south of Yorktown Blvd. The total length for the 12-inch waterline installation is 1,300 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. See Exhibit D for connection to Oso Corner Units 1&2. Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct a section of Oso Parkway, water and sanitary sewer infrastructure to serve the proposed development. The proposed infrastructure includes a concrete street section roadway, drainage infrastructure, waterlines, sanitary sewer lines and sidewalks. There is a proposed development for a tract of land, project name Oso Corner Unit 3 just south of Yorktown Boulevard. Currently there is a section of Oso Parkway constructed from Yorktown Blvd. to the south ending at Mapache Pass. This section is approximately 2650' long. There currently is an adopted Roadway Master Plan for this area (City of Corpus Christi Roadway Master Plan, Southside 4, Service Area 13). As part of the master plan there is a proposed parkway section. As part of the proposed improvements, a segment of the parkway will be constructed. The parkway section will begin at Mapache Pass and extend south approximately 1,330 feet. The proposed gravity sanitary sewer will start at a manhole 2,600 feet south of Yorktown Blvd. and will extend from that point south. The proposed line will be installed along the proposed section of Oso Parkway. The proposed project will include approximately 1,300 linear feet of 12- inch diameter gravity sanitary sewer and 4 feet diameter manholes at required depths to be built at maximum depths. The proposed waterline will start at a stub-out 2,600 feet south of Yorktown Blvd from a previously constructed 12" waterline along the existing section of Oso Parkway. The total length for the 12-inch waterline installation is 1,300 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. The proposed improvements as part of this project will provide vehicular, water and sanitary sewer connectivity to future sections of Oso Parkway to the west including intersections at Rodd Field Rd. and Cimarron Blvd. Design Memorandum Page 13 SECTION II — Proposed Improvements A. Oso Parkway Roadway 1. 60' Right of Way 2. 40' Back to Back Concrete Pavement Section • 6.5" Thick Concrete Pavement • 8" Lime/Cement Stabilized subgrade • Curb and Gutter 3. Drainage Infrastructure 4. Sand 8' wide Sidewalk sections B. Gravity Sanitary Sewer 1. 12-inch diameter PVC pipes to be installed at maximum depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500 feet apart per TCEQ Chapter 217 requirements. All the manholes will be 4 feet in diameter. Manholes will be fiberglass with wall thickness and construction to conform to City of Corpus Wastewater Standard Details and Specifications. C. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. Design Memorandum Page 14 SECTION III - Roadway Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. The proposed section will begin at Mapache Pass and continue south along the same bearing for approximately 1,330 feet. SECTION IV - Gravity Sanitary Sewer Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. Gravity Sanitary Sewer A. Locations and Alignment for Proposed Sewer Lines The proposed gravity sanitary sewer will start at an upstream point approximately 2,600 feet south of Yorktown Blvd. and will extend from that point south. This line will be installed inside the right of way on the east side of Oso Parkway. See Exhibit D for overall water & sanitary sewer layout. B. Crossings The future sanitary sewer gravity main will cross the following: Utilities a. Water: A preliminary investigation indicates that there will be a crossing of proposed water lines, which will be designed per TCEQ & City Standards. We do not anticipate the following crossings: b. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed gravity main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there should not be any crossing of existing petroleum or petrochemical lines. Design Memorandum Page 15 SECTION V — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed waterline will start at an point approximately 2,600 feet south of Yorktown Blvd. and will extend from that point south. This line will be installed inside the right of way on the west side of Oso Parkway. See exhibit E for overall water& sanitary sewer layout. B. Crossings The future 12-inch waterline will cross the following: Utilities a. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will be a crossing of proposed sewer lines, which will be designed per TCEQ & City Standards. We do not anticipate the following crossings: b. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there should not be any crossing of existing petroleum or petrochemical lines. SECTION VI — Roadway Design A. Pavement Design 1. The design of the roadway will follow criteria established by the Infrastructure Design Manual. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). 2. A Geotechnical Report has been conducted for this area. Design Memorandum Page 16 SECTION VII — Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer 1. Service Area The proposed sanitary sewer system is designed to serve approximately 81 acres of land that includes multi-family, single-family, schools and commercial. There will be approximately 424 lots for the entire proposed development. See Exhibit C for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The flow for this area has already been calculated in the Oso Wastewater Treatment Plant Master Plan. The proposed development is in accordance with the Future Land Use Plan that the Master Plan used to calculate flows. Therefore, we propose to build the extension of the collection line per the master plan size and depth required. B. Design Flow for Water Line 1. Service Area The proposed water system is designed to serve approximately 81 acres of land that includes multi-family, single-family, schools and commercial. There will be approximately 424 lots for the entire proposed development. See Exhibit C for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The updated design flow from the proposed development was calculated by as follows: 350 GPD/LOT AVG. DAILY Total Lots= 424 Total Average Daily= 148,400 GPD Therefore, the expected water demand for the proposed development is calculated to be 148,400 GPD Design Memorandum Page 17 SECTION VIII — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All plan and profile sheets will be arranged as to read from left to right with the project beginning at Mapache Pass. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Design Memorandum Page 18 SECTION IX — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. 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EXHIBIT D Tl Ex.rx Ex.rx Ex.rx —�Qow.i o reu ow Ex rx I II s s.�a uilurvE4sEMENi rx s.�e viox.orwwr E4SEMENi x� III ww.sv uxs s .�c u.iury E4SEMENi cww.sv uNEE4sEMEN♦/�- Mx ww.sv�x LJ x e sx cww.sv�xs FPSEME L—J l O f ��os sevsv EPSEMENi ^� m �e �h ,s �G °wa.ExxxE�EMEx. � °wa.ExxxE�EMEx. o- ,x r s warex ux EFivsEwExi s warex xxE FasEwExi \M .x 'MA �s uFs °° EX 4SIIli o W w Ex FaseMex. vFaseMex. U�— �9 EME I Lu O O Q Q °. x°�°sue.Pa�,.�.,. w aP x U Lu co Z m O [if Ow T WASTEWATER WATERLINE BASEMAP xP WAS EWA ER BASE�MAP —wx 1 Sl—w SEE, o.n,.�a oeronnm.m� 1-111-1 IN111 Lam° L.�° � rercoreo oanwmc mo EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 9/12/2025 Oso Corner Unit 3- Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1300 LA 120.00 156,000.00 2 12"CROSS 1 EA 3,750.00 3,750.00 3 12"TEE 2 EA 2,250.00 4,500.00 4 12"GATE VALVE WITH BOX 4 EA 5,550.00 22,200.00 5 6"GATE VALVE WITH BOX 3 EA 2,000.00 6,000.00 6 12"CAP W/2"RISER 1 EA 1,100.00 1,100.00 7 CONNECTION TO EXISTING WATERLINE 1 EA 2,500.00 2,500.00 8 FIRE HYDRANTS 2 EA 8,500.00 17,000.00 9 DE-WATERING FOR WATERLINE 1300 LF 80.00 104,000.00 SUBTOTAL $ 317,050.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 34,875.50 CONTINGENCY(7%) 22,193.50 BOND(2%) 6,341.00 TOTAL $ 380,460.00 Page 1 of 1 EXHIBIT 5 City of CITY OF CORPUS CHRIST] Corpus Chnsti DISCLOSURE OF INTEREST Corpus Christi Code 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer wit "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: MPM Development, LP STREET ADDRESS: 2301 Airline Rd Ste 209 P.O.BOX: 331308 CITY: Corpus Christi STATE: Texas Zip: 78463 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner ❑ 4 Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Mossa (Moses) Mostaghasi Board, Commission or Committee - Capital Improvement Advisory Commity 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Mossa (Moses) Mostaghasi Title- General Partner Signature of Date: 10-13-25 Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city- b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,Assistant City Managers, Department and Division Leads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, prcxies, or special terms of venture or partnership agreements. g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Go�Qus Cy, s km REIMBURSEMENT AGREEMENT - u M P M DEVELOPMENT, LP - FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION s_ FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION REIMBURSEMENT AGREEMENT Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $380,460.00 with MPM Development, LP to construct a 12-inch water arterial transmission grid main line for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $380,460.00 to - reimburse the developer in accordance -, with the agreement. (District 5). ; FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION LOCATION MAP N Legend pM 0 igoo 2,000 •'""' US Feet Location Map Oso Creek Corner Unit 3 Corpus Christi TX 3 City of Corpus Christi t f' FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TOTAL COST ESTIMATE Oso Corner Unit 3 - Cost WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1,300 LA $120.00 $156,000.00 2 12"CROSS 1 EA $3,750.00 $3,750.00 3 12"TEE 2 EA $2,250.00 $4,500.00 4 12"GATE VALVE WITH BOX 4 EA $5,550.00 $22,200.00 5 6"GATE VALVE WITH BOX 3 EA $2,000.00 $6,000.00 6 12"CAP W/2"RISER 1 EA $1,100.00 $1,100.00 7 CONNECTION TO EXISTING 1 EA $2,500.00 $2,500.00 ATERLINE 8 FIRE HYDRANTS 2 EA $8,500.00 $17,000.00 9 DE-WATERING FOR WATERLINE 1,300 LF $80.00 $104,000.00 SUBTOTAL $317,050.00 ENGINEERING,SURVEYING,&TESTING(11%) $34,875.50 CONTINGENCY(7%) $22,193.50 BOND(2%) $6,341.00 TOTAL $380,460.00 4 City of Corpus Christi FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION TIMELINE OF TRUST FUND BALANCE FY24-FY25 Available Combined Trust balance as of 11/30/2025 -$1,099,460.98 FY 2024 - 18 projects -$14,912,540.24 Ending Cash Balance $3,738,843.04 End of FY 2024 Balance -$11,184,923.57 CCW Transfer - Wastewater $7,384,800.00 Water $1,805,556.00 Total: -$1,994,567.57 FY25 - 7 projects -$1,156,176.48 FY26 - 1 project -$394,296.00 *As of 11/30/25 Balance is Total: -$1,099,460.98 -� *Note: Balance reflects progress payments made on projects as well as deposits made into the Trust Fund Accounts. "= 5 City of Corpus Christi FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION TRUST FUND BALANCE City Council has approved 8 requests in FY25 & FY26 resulting in the Trust Fund to be overcommitted again, as of November 30, 2025 by: -$1,099,460.98 ib 1. Westwood Heights Unit 4 (Devonshire Custom Homes, Inc) $14,476.00 (Wastewater: Collection Line) 2. King's Landing Unit 6 (MPM Development, LP) $440,829.12 (Wastewater: Trunk) 3. King's Landing Unit 9 (MPM Development, LP) $14,685.78 (Wastewater: Trunk) 4. Waldron (Horizon Land Properties) $524,660.00 (Water: Water Arterial Transmission&Grid Main) 5. King's Landing Unit 10 (MPM Development, LP) $114,240.00 (Water: Water Arterial Transmission&Grid Main) 6. King's Landing Unit 10 (MPM Development, LP) $102,830.40 (Wastewater: Trunk) - 1 7. King's Landing Unit 8 (MPM Development, LP) $322,684.80 (Wastewater: Trunk) S. King's Landing Unit 11 (MPM Development,LP) $394,296.00 (Water: Water Arterial Transmission&Grid Main)FY26 FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION TRUST FUND BALANCE AS OF NOVEMBER 30, 2025 Available Combined Trust balance as of 11/30/2025 as reported by Finance is: -$1,099,460.98 Individual Trust Fund balance break down (including Cash Management): -$1,165,318.21 $65,857.23 Developer Project Water Wastewater Total: $ (1,165,318.21) $ 65,857.23 $(1,099,460.98) MPM Development, LP Kin 's Landing U12 $ 252,720.00 $ 252,720.00 Balance: $(1,352,180.98) MPM Development, LP King's Landing U13 $ 62,040.001 $ 62,040.00 Balance: $(1,414,220.98) MPM Development, LP Oso Creek Corner(Water) $ 380,460.00 1 $ 380,460.00 Balance: $(1,794,680.98) MPM Development, LP Oso Creek Corner(Wastewater) $ 227'100.00 $ 227,100.00 Balance: $(2,021,780.98) 7 City of Corpus Christi 0@: FOR WATER ARTERIAL TRANSMISSION & GRID MAIN CONSTRUCTION RECOMMENDATION • Staff recommends approval of the • The request is in accordance with UDC reimbursement agreement with MPM Section 8.5 Trust Fund Policy. Development, LP to reimburse the developer up to $380,460.00 for the City's share of the cost to construct the water infrastructure improvements. CITY OF k14- 1-11 � ti C O R P U S .w—a-0ill-k- CHRISTI GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! r w � • Y �. lt j����� •3,,,u S � �fii J F� ' ppI 1 ip ±' �I Legendwmw = - Street Participation Agreement Water&Wastewater Reimbursement •It.+a Agreement Subdivision Boundary 1,000 2,000 Phase 2 US Feet Location Map Oso Creek Corner Unit 3 Corpus Christi TX f PROJECT LOCATION / t'r e y ` Al, Davis1'/ Reservoir \\ARCSER\2\6ISProjects\Req.estr\Recurring\Location Maps_DevelapmenSewiices\LocationMaps_DSD_Deliv—bles\C4_19656_050_CREEK_CORNER_UNIT_3.pdf DATE CREATED 11/13/2025 CITY OF CORPUS CHRISTI -- AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 01/13/26 Second Reading Ordinance for 01/27/26 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services MichaelD3(a)cctexas.com (361) 826-3596 Wastewater Collection Line Construction and Reimbursement Agreement with MPM Development for Off-site wastewater improvements for Phase-II subdivision known as Oso Creek Corner Unit 3 CAPTION: Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $227,100.00 with MPM Development to construct an off-site sanitary sewer improvement for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3 and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to the $227,100.00 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development is developing approximately 20 acres for 100 homes and is requesting funds to construct the wastewater collection line improvements associated with the development. The estimated one-time cost of the improvements is $227,100.00. BACKGROUND AND FINDINGS: The Developer, MPM Development has requested reimbursement through a reimbursement agreement for the 20-acre subdivision named Oso Creek Corner, located off Yorktown Dr., southeast of Starry Rd. Oso Creek Corner Master Preliminary Plat was approved by the Planning Commission on October 5, 2022. The development, located off Yorktown St., southeast of Starry Rd, plans on 269.95 acres including street dedications in the Flour Bluff and Encinal Farm and Garden Tracts. The off-site wastewater improvements consist of 1,300 linear feet of 12" PVC pipe. The allowable reimbursement amount is $227,100.00, representing 50% of the full cost of the project of $454,200.00. The term of the agreement is 24 months. The project is consistent with the City's Sanitary Sewer Collection Line Construction Standards. The project is eligible for reimbursement from the Sanitary Sewer Collection Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of Phase-II of the Oso Creek Corner Subdivision. An alternative to utilizing trust funds to construct the wastewater collection line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the sanitary sewer collection line improvements is $454,200.00. The reimbursable amount is 50 per cent or $227,100.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager for the FY2026 budget up to $227,100.00 to reimburse the developer in accordance with the agreement. CCW Transferred $9,190,356.00 into the FY25 Trust Fund Budget to address the ongoing deficit Trust Fund balance. Since then, there have been 8 additional agreements with an additional commitment of$1 ,991,301.60 to be paid out of the Trust Fund, thereby bringing the balance, as of November 30, 2025 to -$1 ,099,460.98. There are (4) agreements scheduled for today, which include the following: 1. King's Landing Unit 12 (Water Arterial Transmission & Grid Main): $252,720.00 2. King's Landing Unit 13 (Water Arterial Transmission & Grid Main): $62,040.00 3. Oso Creek Corner Unit 3 (Water Arterial Transmission & Grid Main): $380,460.00 4. Oso Creek Corner Unit 3 (Wastewater Collection Line): $227,100.00 If all (4) are approved, that would be an additional $922,320.00 to the previously approved obligations to developers with a new proposed Trust Fund balance of -$2,021 ,780.98. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Department: 45 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Department: 46 Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Department: 46 Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $227,100.00 with MPM Development to construct an off-site sanitary sewer improvement for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3 and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to the $227,100.00 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a master preliminary plat, approved by the Planning Commission on October 5, 2022, to develop a tract of land, approximately 269.95 acres known as Oso Creek Corner; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 12-inch Wastewater Collection Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Collection Line Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Collection Line Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be next in line in the order for reimbursement from the Wastewater Collection Line Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Collection Line Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings and recitations set out in the preambles to this Ordinance are found to be true and correct, and they are hereby adopted by the City Council of the City of Corpus Christi and made a part of this Ordinance for all purposes. SECTION 2. The City Manager, or designee, is authorized to execute a Sanitary Sewer Collection Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development ("Developer"), for the extension of a 12-inch wastewater line, including all related appurtenances, for the development of Phase-II of the Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 3. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 4. Funding in the amount of$227,100.00 is appropriated from the No.4220-21801- 46 Wastewater Collection Line Trust Fund to reimburse the Developer for the construction of a wastewater collection line, and improvements in accordance with the Agreement. SECTION 5. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Trunk System Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the 4220-21801-46 Wastewater Collection Line Trust Fund until $227,100.00 is appropriated in accordance with Section 3 of this ordinance. SECTION 6. The City Manager or designee is authorized to appropriate $227,100.00 from the 4220-21801-46 Wastewater Collection Line Trust Fund as funds become available to reimburse the Developer for the wastewater collection line construction and improvements in accordance with the Agreement. SECTION 7. This ordinance takes effect upon passage. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER COLLECTION LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a master preliminary plat, approved by the Planning Commission on October 5, 2022 to develop a tract of land, to wit: approximately 269.95 acres known as Oso Creek Corner located in Flour Bluff and Encinal Farm and Garden Tracts as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Collection Line Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Wastewater Collection Line Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Wastewater Collection Line Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Collection Line Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Oso Corner Unit 3-Cost SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12"SANITARY SEWER 1300 LF $150.00 $195,000.00 2 4'DIA. MANHOLES 3 EA $20,000.00 $60,000.00 3 DE-WATERING FOR SANITARY SEWER 1300 LF $80.00 $104,000.00 4 EMBEDMENT 1300 LF $10.00 $13,000.00 5 TRENCH SAFETY 1300 LF $5.00 $6,500.00 SUBTOTAL $378,500.00 ENGINEERING, SURVEYING, &TESTING(11%) $41,635.00 CONTINGENCY(7%) $26,495.00 BOND(2%) $7,570.00 TOTAL $454,200.00 REIMBURSEMENT AMOUNT IS EQUAL TO 50%OF THE TOTAL COST $227,100.00 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer Wastewater Collection Line Construction And Reimbursement Agreement Page 2 of 12 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements is $454,200.00, however, subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed 50% of the construction cost for a total Trust Fund Reimbursement of$227,100.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Collection Line Trust Fund, that Wastewater Collection Line Construction And Reimbursement Agreement Page 3 of 12 reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Collection Line Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Collection Line Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Collection Line Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Collection Line Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater collection line for which the credit was given, and an extension of the collection line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Wastewater Collection Line Construction And Reimbursement Agreement Page 4 of 12 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. Wastewater Collection Line Construction And Reimbursement Agreement Page 5 of 12 f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. Wastewater Collection Line Construction And Reimbursement Agreement Page 6 of 12 b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be Wastewater Collection Line Construction And Reimbursement Agreement Page 7 of 12 in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the Wastewater Collection Line Construction And Reimbursement Agreement Page 8 of 12 property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.html. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Wastewater Collection Line Construction And Reimbursement Agreement Page 9 of 12 Remainder of page intentionally left blank; signature page to follow. Wastewater Collection Line Construction And Reimbursement Agreement Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Michael Dice City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Wastewater Collection Line Construction And Reimbursement Agreement Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 120 by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Wastewater Collection Line Construction And Reimbursement Agreement Page 12 of 12 EXHIBIT 1 CIVIL ENGINEER&LaNe SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY OSO CREEK CORNER op®eL§�k4io:e aN%.2 i°e�`5a�:�o®�u� A 269.947 ACRE TRACT OF LAND,BEING PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ s+hglxp mrvTAcr.TrocA.Troabnagn,aPLs 3,OAND50F SECT ON 35,FLOUR BLUFF AND ENCNAL FARM R AND GARDEN TRACTS,IN VOLUME"A",PAGES 41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a DATE OF PRINT:Sep2mbu 21,2022 ° INDEX MAP yC.pLE.i s/r£� 11I „w YDRKT—N AIR Ws xwp I, ��-- -------- -_-- ---__ -_--.--------- O LOCATION I1 3000P LOT 1 L- 20.025 AC LOT 2 ffi2,296 SF 2).889AC t J E- ¢ 1,214,846 SF o El o W EWVD 1111111A—El ECTFIC - GO DRa NncE oIREC3oN190.451 AC oeo cREErc 5,682,466 SF nwnrva Docgzo11oz Tzze �I o PHASE _ ELSE OS REEK' EXPECTED COMPLETION I FILE rorvF- wo'TnEPEON A AGREEJ� BY MAY 20211RE DIN AS T"SCOOR EM l PS,ry mrvas 0PUS Y D LIFT cNRl22i — LOT4 -= L NE PR NA N THLE E PPLYTHU lrvE Do�p2e»o ED o P,1 -- 39..1 AC 1,—,046 SF neaeOry Aae rvavo ee oATum,as oLTeamlrvco O IRS OBSERIATION GRANTEE.LISA ANNLAN,Eks SHEET 9 D N2oPre4rvcsi T�oeArvo lsspa,eCTTO owrvae,vsTReiOrvlrva MA9 ALPITTERAREA CONTAIN-2 asaACP6OI LAND lrvcwDlrva OA 1,2021 A POTION TMDTRACTIs LONE IrviONEA AND, E AiNAcegeoW 3s�6ae j� e eds"Al PHASE2 rvALww,TarvL�Irvverv,ORx.POhrvTwL OF CORPUS CNR 154,90)SF / ( 1EXPECTED COMPLETI ON LoeT/aaraaearvo PARK ress�wLLwePalo Paloa 0o N2o pT0oa355e S BY MAY Z(125) I =UMEN T,HALL BE/j WlINI DEs�sl THE�PMENNA TUi-DAD[eula2o Top2 corv2 sM ENT crvT LOT LPLAT us. VILLA MANAGEMENT 90.991 ACAIR¢P 1,929,ffiJ SF ------ sIF(:FUD rvn LOT 3ITF OOCN20Ri02i 29i i 130.951 AC ---- .ropcjiLroacos<a ooc(u/cav s uaro Tx 5 6ffi 466 SF ADD. �$ i cOnce)u 12 /pEIA'e s _11--_ _ - rvFIEE reao zL 51 Zoning Table - —-FEA—c Al—NI Existing Zoning Lotl Farm Rural District , Lott Fann Rural District ES(CALLED) ot3 oral Distritt I� Dee IREER Farm m Rural District asideni al Estate mitt LA D0112002PV212292 Loth a Ura l District 1 Pr pposed Zoning ` General ommerdN .. HRIS icASLLL e) Lott General Commertlal AlAlTIAENT wLL E— Single Family Residential DOCN202i0o OFS / 5l ngie Family Residential "' Lots Si ngie Family Residential - Lot6 5i ngle Family Res.dential C Pro used Phas'n Summa sg Phase Acres An[ici0a[ed Start Date Antici0ated ComDle[ion Date Land Use -" 1 303.236 5e tember-2 1 Ma 2023 GC/RS SEE SHEET 13 FOR LINE 2 1 16E.626 May 2023 May 2025 RS AND CURVE TABLES Si�ET7 Q�CI CIVIL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -Ivv OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves Troobnogn,aais 3,OAND 5OF—ON 35,FLOUR SLUFFAND ENCNALFARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP A \ RECORDS NUECES COUNTY,TEXAS,CORPUS CiRISTI,TEXAS —— ode UtTny \ DATE OF PRINT:Sep—b,21,2022 15— c mg2o06ot ss�9. — SIT£L� }_ - =VORKTO jN BLVD aw � � — � ✓ Tccei ,� �3, Y-E c _ eb COKRAtt)-- 1�I SHEET 1 SHEEP SHEET LOCATION 3000 o�Wezooa0iz 1�orJ I� �'g .q Ih Da m2'0'0615 PR — O 0,P R,B cieoissi9. w veer \ e veer N y ' o i\ \� s PROPD D STORM sEwER T, f ElIT11 oR I ----� �v1 FE HE EE_',A%ELEITIII HE L RE ro�ro III ED — ✓ 'E Ao°3;A �v �s �PRO�INETME���TOF�� aMTEM'p�Iw�TM�E��P ��E —— / PPLYTMECMRIN DEED D ; NEIaRbBYIPSOBSERIAION b � b�=aR�p�IR o�NE�N�EI �aN0E TCDEaNbl==U�ERTON�E�TME=ONIN�Ma� LGT2 CNTaIN=ET=a56 01L-DIN�DINI FR(GG 01, \FR(GL) 1,2021 a POTION 111 TRacI LOCATED Irv—EsnE ✓ ✓ rvab wETtarvas lrvv[rvTORv,aoTErvTwb TT-w TE OET/na EaHEnrvo H—PEsswueE-D PRIOR To RE EN TND E RE ED WITHOh3eE1PT�TFRH cOry LpRO aEOOTOG[ECLNO EN ENT RD"Uh to ✓ [ELEGEtlQ`o5R NI'l"lll 1-1 r o- $ c E R,°Pv=�E� Ro`o,"imP�s,MP�o„ a m — - _ 21 N RON ,E s C o T\ - - - b� EENEM 7 j s \ ✓I C LOS CH%C OS JP, _ >smra rc„e is -v evriss w ssa» _ FR(RIP A SEE SHEET 13 FOR LINE 64SFl2 OFx9 AND CURVE TABLES CI AL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —100 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14 AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves T.00bnogn,aaLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENONAL FARM v ANDGARDENTRACT$IN VOLUME P ES41 MAP RECORD COUNT Y,T CORPUSCHRISTI,TEAS DATE OF PRINT:Sep2mber 21,2022 ° e2 — m006011 519. — — MEET SIlE� P J_,� L VORKTWN BL\VDfll11 \ ZI - —E SHEEP MEET C— \ LOCATION M000 P r _2 MEET SHEETa MEET LF R E111111P—El l IT11 6lERHE�ELEITRII / V W SHEETEET1 SHEET 13 6aarv�E o�REE,�Ory KEY mnR lz — N o of °�,`�``ow°hE Eory �.NElrva°aEI,>_ EMI—)I 1'rv6_S V 'EaEOrvaaErva�°aaD-M,IoIERMNE° OT3 Tm°Earv°IssuaEcr To awrvsEumEmrvirvsrvia IR[RS) CHEA-�TL PI LOT2STR s,2021PoPw I.NIIIi A`ris�s°a°EErvTw°°irvs OR(PC) / o°irvsuaarvcEaaTEmaa,aary EL aesssa54E I i _ °MPTMOA' aow °EME `oEo ;Eo`aP='°PAa'Aa E.rvaLPaT ULQ ao=,M `33IMEF�A =Ea IRE°TOaECOrvI TENT ° ---- � PIN a°6,E s \� — -°aa—E 1E0Ew i o Ell N 6„9s5 w.6a,e Lora `@ FR(RS) f ® 38 6: SEE SHEET 13 FOR LINE E &LEE70 OF 13 AND CURVE TABLES CI AL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14L AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a v#^ S+hglQp 1-41.Tlo T.00bnogn,RPLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP S_ RECORDS NUECEDATE OF PRINTTEXAS,CORPUS 21,20I,TEAS DATE OF PRINT:Sep2mbu 2l,2022 C v—IuunE _ SIR, VORKTOWN BLVD tes ce p2c i60155P9. SHEE � SHEET SHEET ------ 1 ---------------- -----_ �� s --- s-- /231 -- -- LOCATION MAR P B -1 dEET SHEET a SHEET OPOSED w�E4TER w 'Ell EL000PLa I 7 s PROPOSED STORM sEwER R6 ElIT11 llElH ELE�TRI� \ �� � �I I �� \ ( HE E HEE 1 Lr E,L oRarv�E DIRE I0ry KEY NIAP I \ \V A — TIES DT � � � a V A�� TCE°Eary CONIlrvsLTAssaCR60Iarv°IrvcLU°Irv° VA\ \ \ \ ( \\ \\\ \ `/\ \FR\) II \( sN-10 as AEnarv°s rvvENIORI POTENT IN wCATED sorvEsaEG ( \ SI\ ! 1 SOET/ RE -NDH—EEsswueE-D PRIOR IT' OR I°°�sEITREEIrvaLP�T�RRE°°IRTEN ��p v v v LNO ENT N-R� DTORE� � v v A �` LL `oo�PSs,MP�o,. EP� .< ,E , L SEE SHEET 13 FOR LINE n 9WE74 CF A9 AND CURVE TABLES CI AL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -IDD OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14L AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves T.00bnogn,aaLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISM,TEXAS 'a DATE OF PRINT:Sep2mbu 21,2022 MEET SHEET/I, SHEET 4 SHEET LOCAEION M�A�P EOe TPe Lutlllty4 SCEFL =3 ore BzOosm ssa. MEET SHEET \EET8 SHEET Es El o�� Ew[cTRIc1111111P—El SHEET MEET11HEETi KEY NIAP .mPOST IN6 g iOA NHREON nE1 sEoE em INmrve ausM } aaPLY me COMBNLn neaeorv74=ee D—M,I DIERMINEDTo 0 '\ s,L To./AcauvE arvo aaa N eesOsnau eeTaa orvaaioa =LOMTE\ u�wo IT as�sl TneriNT'l`T DI aeTo'on To ee mrvsisrLrvT TO THE I rrvun - - r \�F[Ma a000aLary = o�annwcs con'H xo eoa/'L s -_ -- aMPLo 11 oN �a \ C� LOT3 FR/RS) 3 g E.IIEEI tsi SEE SHEET 13 FOR LINE AND CURVE TABLES CI AL ENGINEER&IAND SURVEVOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14 AND 15 SECTION 34,AND ALSO ALL OF LOTS2, °a ems s+hglxp mNTACT.Tro'A Troobnogn,aais 3,4,AND 50E—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORD$NUECFS COUNTS,CORPUS I,TEAS DATE OF PRINT:Sep2bu 21,2022 ET' MEET �� MEET MEET U � LOCATION 300P II MI IF ACRES C 4 o II EARTRIPTI ITA B 1 q azNocT / sR a MEET UTILIN LECENo Es JS"EETT' AS EWERECTRIc Lino1 CERREE 1 EETL ILANI oaa NACE oIRECmoN CIENTEF.CORPUS CRRISTI IGREU APARTrnENT oc_2'12122S caouv.uc KEY NIAP E, cR N Rs — ,CA2oA o.P.R.N.c III —— —— —— —— —— _ D224 ACRES O Us aR s.TnEeEAaIN�s,oISTA moaoINATTssnowN nEnEON DOCiloII1oip981 lol lii o�313 o E;Aoa3,"A=TE } EIIP=IAIITMNI=OPU �I.W Eora REaEON 4 NA°°as CAl R AT DITMINED � FR(RSf KBY A PS OBSERIATIONO TCODEANDTONTAIN 2,2.51ACRE OILANDIINCT°oN° 'MAR"4." II �� a NTED N T.ILLANO, RRE � f E°E1A POTION TM11TaACTI=LOCATED IN—EA ANDONEa o.R.RN w ND=aI ON=ITENA w N�INI NTOa�,PO ENTwL LOT/Aa EAREAN°aARKIPOIwu°EaAI°Palos TOREa h TEONTE II o mLA TNHA`L BE REEoao�EEANo 4 D ` 11 EACH aDApi�oU-,''�3�3TEFINA`<<°;�°aEa°IaED TO°E CONTITTENT TO THE-NINI r 1 / T -----IN M LEG= �Pl °'�ci��roao°,�a��x°NS xo�aTEaP"s MPTx,. ,EN°101D ,Es °EA—EOl—NI .F RE \ N181//2 E4a4 R \ I I I T \3 LE I L.PROW)PUBLIC 1,yry RELEASED A cH°CT Is ENT `" Roca°oop\z,z9A0SM ° '\\ is SEE SHEET 13 FOR LINE &IA&-TE CFO AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp CorvTACT Tro'A T.00bnogn,aPLs 3,4,AND 50E—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a J DATE OF PRINT:Sep2mber 21,2022 SHEET SHEEP SHEET SR SET s LOCATION MAP SCALE.1=3000 yHEET�sR �EET8 SHEET ✓Q s EwER 1111111P—El ElIT11 IPERH RE EEri oauAE 'A% R EETi KEY mnr _ RP E�E ES FORS / INrvTf1rvA0wNIE EEory } / _ (�( r \ Emn1EMlN ian rvOSOaus n[a[orvAaE rvavoee oAiurvi,ASEOErEn rviirvEo O DE=MENT CODE AND IS UA—TOCIANIEll—NINIMAY To _�� E,EDE'LoZAPOT�ON TMSTaAA L AED�rvsOrvEA AND'ONENALw�rv��rvrENTOEar POTENTIALs�sAOG SOETEACR—EAND PARK EESSRALL DER41D PRIOR i� HO T=SIHN;=Paa,=HA°°oDF^M`=0NNZED'EEE`LOPMENT — — DI UDI EITREE�rvALPa DEIUIaEDTDDEECONI�TENT � 4 T5 Pass E DD l MaP pOeLlc -----D.—I cASLULM ,E s i (ROW)PUBLIC s RELE TO BE i RELEA9E0 - s FR(RS) IF SEE SHEET 13 FOR LINE ` �)�� AND CURVE TABLES CI AL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY IOALE -I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, °a ems s+hglAp mNTACT Tro'A T.00bnogn,aais 3,4,AND 5OF-ON 35,FLOUR BLUFF AND ENCINAL FARM $u. AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 7 I c DATE OF PRINT:ept bu21,2022 � MEET MEET SKEET LOCATION MAP \ I I a a s E000 ✓ C / / o - A II M SKEET, 8 SKEET EWER OODP N ElIT11llElH ELE�TRI� — Y� RE ET RE MEET1 I READ_oREa ON � LE OT3 l \ \ BET 7 I1P V RE`ow°h E`oN °aELAS y fora EMIasI�w NaSOPusT� PR NA N TSUS HHE APPLa TMECOMaiNED o A 'L L REaEONAaENAa°aa°AnM.I DITMINE° o DE=MEN CH T CODE AND�SU NTAiNACI szT�a IN A MAY ESA�Es oaN°NiNCLU°iNR V' DATED 0'0BE�FM L AELLANDS IAL 7� L \ To aEaoa°ATioN OF nooip�Ea EAN°PAaE�EEPsonALh ETPAIDNPapoa a ceAsHl\ sv5g"E MAPAOH on,� /o, o� �� \ Tsna MaeaEw o�o ENo ueE�o orv°mErirvA�avu.AaA °��, �e 1 N1Nls'sIT�EF�Ha�PaNT`CEp0�RTT0BECONSPnENT �5, e\ i \ DE — r ;,9= ER MRN°, N UE�E� w ___ FO�N'ENID 12 NA N R°° \ ` SE --PEA-1 EaEESEN, LOTS / J e FR lR5) _\ ROAD O 11 ReT PUBLIC Roao E BE -- _ — —___ -- \ ------c ———— __________ s I T SEE SHEET 13 FOR LINE ^J�ETB�fl AND CURVE TABLES CI AL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -IDD OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ s+hglxp 1rv41.Tlo T.00bnogn,RHLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENaNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP A = RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISM,TEXAS DATE OF PRINT:Sept bu 21,2022 sLr£L1 LOCATION MAP oso caEEu _ sRE sREEr sREErs BcnLE.1=3000 n zx3� SHEET SHEET 7. EET. SHEET El W ElIT11 ovERH SHEET [[ri [[r KEY I TOTAL NUMBER OF LOTS \ Rury Orr ra0M Tnls w Co �o TCEI rvaTrs srnowTO �ry nuarrory \ zorvr lrvao'NI as DETERMINED BY 1LO—POSILONINI rvi EMEry lm rvcs oasis \ PROCESSN To' APPLY TH E mM elry rn US \ Tmorarvo D To arcr awry eras mrzorvrv'ErvCH=MENu ro O \ \ CONIHs—.11 ars OrL ry IN cw of rvc ST�E D�DTo \ s,c030—AE—N os NIENIsoHRLoc sorvr aocENTws'arG \ TOT/aar IEarvo—x rrsswu eE Halo PRIOR "CH LOT"TH \ / as luoa s�sl THE HrvaLHUTaI l EO Rrn To BE mrvslsrrNT TO THE—INI EG=o rvry 1 I; rma/LroREorvscRUNscos o'(u/cavxs uuvLo ix \ ram[rervc ry reao oawrwc[cwsLULM cL S \ A FLOODPLAIN a°4D(ROW,PUBLIC----- - Ea11 -------- TO aE CREEP SEE SHEET 13 FOR LINE SIASF7`9 OF A? AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E —I00 OSO CREEK CORNER nep®Tn �a �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a ems s+hglAp 1rv41.Troves T.00bnognEa PLs 3,OAND 50E-ON 35,FLOUR SLUFFAND ENCNALFARM ANDGARDENTRACT$INVOLUME P ES41 MAP RECORD COUNTY,T CORPUSCHRISTI,TEAS DATE OF PRINT:Sept bu 21,2022 m ={ EF sHEE sHErr SHEET LOCATION MAP / /? SCALE(=C00o SHEET a MEET VA �� I M EWER 111111P—El P i A coIP .R. art DCvLLAMANAGEwENT FR(RS) SHEET1 2o2o21291 DRUPE oCCO EITIII 3 o KEY VAP 2� _ 4 a O 4 m REMI ROAD lcev oW/ 1"PNFI Enowary n�[[Eory '�/o rv[Irvno'esl,n PUS ON , TH TMOi EnaPLv,UCOMBiry EYD ED s sPN Seve ae w62 ske �C42 n[a[OrvaaE rvavO ee Oacurvi,as OETEn rviiry Eo O To F To 54 5(CA ED7 s,aoa;a POTi0N TH a Ta,,L_TED iN zoNEa D1142,121' 02'NR9 AND EOT/acauv NDH—FEEll—L[Palo PRIOR OF THE F NAL PLAT P.R. To RECORDAT ON LOTS LP FR(RS) ITTITHE OST1uvOh3eE1THIE PTICTFprvao AN D LRBELT a0NN EECOLrvO sME NTh DE E I F(:FNM1 ----- pcs a Roo(n/cmP snuvvo nEDC NIH PIN FIEE S o — --O.—I cw0N' cES -11 ly Ls�l��-o c»eie w�vsTz-- Hlr FLOOEIL41N� Es(cALLEDI nan Do gzop%z�osscEME� .s SEE SHEET 13 FOR LINER/Q�2? AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY \1 , -I00 OSO CREEK CORNER nep®T,11.1,�a �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, Y. 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS2, a`gw { b n 3,4,AND 50F SECTI ON 35,FLOUR BLUFF AND ENCINAL FARM $ mrvTao.TroCa T��ass,aais AND GARDEN TRACTS,IN VOLUME"A",PAGES 41-43,MAP _ RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS pd� \ — +ems` \ \ DATE OF PRINT:September 21,2022 \ SIT£ MEET SHEET SHEET SHEET LOCATION MAP scnLE.i _ 1\ 3000 MEET SHEET \\EET8 SHEET WlT s EWER FR(RS) 1111111P—El oau NPGE oiR'CA%EL ECTRIC / HE EET1 EET1 1�.69e9 a1 / BC/ KEY M/1P �A / 5NITAILEEUI — RcRIIR � 40,yU6H�C LIFE 000 tY/ J�o / CI zorvE lrvao�31Nasa[ory } 18' T. rvi EMI ry Im rvRsoaus --o LOT3 SU R(RS) as nE .RN7RErvavo ee D—M, EDIT mlry Eo �BY I PS BSERIII.N TmDEarvo lssuaECTTo awrv�EUTn Ezorvlrv'rviav (" CorvTaH-2.5-CaE 1—D lry CwolrvI 121 s,z TOETNAL Ea[a DIHIEN-RInP.TENT14Lo ry Paoa L III / ��FEMA FL000PLaN Wlluoas�slTnESNT—NTIs aEn ToeEmrvslsTErvT l EG= rvry 11 >�/cEramED a reoF(o/cAv snuvEo 0 110 CREEII 68 SEE SHEET 13 FOR LINE S4SFrD OFx9 AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -IDD OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14L AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglxp Corv41 Troves T.00bnogn,aaLs 3,4,AND 5OF—ON 35,FLOUR BLUFF AND ENCNAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP _ RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS DATE OF PRINT:Sep2mbu 21,2022 S) s �1 �0\ \/ SHEET SHEET 4 MEET o LOCATION MAPSCEFL b 1 [oT3 /IRUAaN FP(RS) SHEETa MEET ss EWER1111111P—El PUdLc e j ov /o SHEET 1 1 KEY—1 �FEMA Ro iN — / R\nlsMlrviTM C0 oasis aaaLv m[mrvieiry Ln / Na4a HEREON aa[rvavo ee oacurvi,as oe-rLn rviirv[o O CATED IN / s,CTOT/aRcau[arvo aaas[[vs�nAse[TVAs orvPRIOR To RE ON DEIELOPM ENT as IU—s�sl THE r-L_T aLL CONaRE—RED To BE Co ITENT TO THE-NINI Ts EG L = o50—El - f�C/cs DC rarei[Us<a aooC(u/cvvxs uUv o ix cs s) --------oanirwc[[ns[u[rvsry reao 6$ SEE SHEET 13 FOR LINE slEFTW 0.2J AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT OF L� QUIDDITY �E -I00 OSO CREEK CORNER �u A269.947 ACRE TRACT OF LAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14 AND 15 SECTION 34,AND ALSO ALL OF LOTS2, ^a a#^ S+hglQp 1-41.Troves T.00bnoen,aais 3,4,AND 50E—ON 35,FLOUR BLUFF AND ENONAL FARM AND GARDEN TRACTS,IN VOLUME"A",PAGES41-43,MAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a j DATE OF PRINT:Sep2mbu 21,2022 HET MEET SHEET SHEET LOCATION MAP / scnLe i=3000 MEET MEET 7 EET8 SHEET LOTS / R(RS) wry El oTL 1111111P—El EWECTRIC 5 E SHEET1 MEET1 �AEL oau NPGE oiRECTON -';CFEIVIA FLOOOPLFII1 KEY MAP s9� FE oCTREEAwohUSE IN—Ho NHEREON } MIIP=IALLNISOPUS HEREONAaE—baaD—MIbIERMINEb BY IPS OBSERIATI ON ofET,A�LIETNND KPFEII—LBEU—PRIOR TORE OR HO INITTUMENTI � s�s,HEF�Na�P�TTE-`oD.oBEECoM�nEN. TO THE-NINI aooµ,aPsaMPo ereC �7 �s STET 12 OF XI EXHIBIT 2 r Reimbursement Agreement ::�rw a Application lHil4nTl0 MHi 5 MEMBER 2406 Leopard St. Corpus Christi,TX 78408 1 Phone:361.826.3240 I Fax:361,826.4375 i contracts andagreementsQacctexas.com Date of Application: October 13, 2025 Approved Plat Name: Oso Creek Corner Unit 3 Public Improvements Deferred: Waste Water Reimbursement Approved Public Improvement Plans Y `/ N Cost Estimate for Deferred Public Improvements $ 227,100.00 Ownership and authorized signatories to enter into the agreement: MPM Development, LP / Moses Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email V Phone Other If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature& Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St,Suite 100 Carpus Christi,Texas 78403 City of Corpus Christi I Farm No:DSD-3016 Rev.12120221 Page 1 of 2 EXHIBIT 3 ROADWAY IMPROVEMENTS TO SERVE OSO CORNER UNIT 3 DESIGN MEMORANDUM AUGUST 2025 PRELIMINARY NOT FOR CONSTRUCTION FOR INFORMATION PURPOSES ONLY GABRIEL HINOJOSA, P.E. 106057 September 24, 2025 Prepared by: Gabriel Hinojosa, P.E. ENCiINEERINCi CIVIL-WINDSTORM•CONSULTING F•I98�9 Table of Contents EXECUTIVE SUMMARY SECTION I Introduction SECTION II Proposed Improvements SECTION III Roadway Alignment SECTION IV Gravity Sewer Alignment SECTION V Waterline Alignment SECTION VI Roadway Design SECTION VII Utility Design SECTION VIII Work Plan SECTION IX Construction Requirements EXHIBITS: A. Site Location B. Master Plan Map C. Development Exhibit D. Utility Exhibit Design Memorandum Page11 Executive Summary The following is the Executive Summary for the plan submission for the Oso Corner Unit 3 Roadway, Sanitary Sewer and Water Improvements. This project involves the construction of a section of Oso Parkway, gravity sanitary sewer pipes, manholes and waterline. There is a proposed single family residential development located approximately 2,600 feet south of Yorktown Blvd. (See Site Location). Currently there is a section of Oso Parkway that was constructed as part of the initial development of the area. Our intention is to continue Oso Parkway per the master plan south through the proposed development. The proposed development includes approximately 81 acres of single-family residential homes with approximately 424 lots to be built in phases. The design of the roadway will follow criteria established by the Infrastructure Design Manual (IDM). Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). The proposed extension of Oso Parkway will be within a 60' right-of way and contain a 40-foot back of curb to back of curb concrete road section. It will also contain a 5' sidewalk on one side and an 8' sidewalk on the other. The design of the gravity line will follow criteria established by TCEQ in TAC 30 Chapter 217 and IDM. Material for the gravity main line will be PVC (Green, C-900, DR 26). Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. The proposed gravity sanitary sewer will start at a manhole 2,600 feet south of Yorktown Blvd. and will extend from that point south. The proposed line will be installed along the proposed section of Oso Parkway. The proposed project will include approximately 1,300 linear feet of 12- inch diameter gravity sanitary sewer and 4 feet diameter manholes at required depths to be built at maximum depths. Along with the sanitary sewer line, a water line needs to be installed to serve the proposed development. The proposed waterline will start at a stub-out 2,600 feet south of Yorktown Blvd. The total length for the 12-inch waterline installation is 1,300 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. Material for the water line will be PVC (Class 150 and DR 18) and the pipe shall meet the requirements of AWWA-C900. Pipe embedment and trench backfill will conform to applicable City of Corpus Christi standards. See Exhibit D for connection to Oso Corner Units 1&2. Design Memorandum Page 12 SECTION I - Introduction A. Purpose The purpose of this project is to construct a section of Oso Parkway, water and sanitary sewer infrastructure to serve the proposed development. The proposed infrastructure includes a concrete street section roadway, drainage infrastructure, waterlines, sanitary sewer lines and sidewalks. There is a proposed development for a tract of land, project name Oso Corner Unit 3 just south of Yorktown Boulevard. Currently there is a section of Oso Parkway constructed from Yorktown Blvd. to the south ending at Mapache Pass. This section is approximately 2650' long. There currently is an adopted Roadway Master Plan for this area (City of Corpus Christi Roadway Master Plan, Southside 4, Service Area 13). As part of the master plan there is a proposed parkway section. As part of the proposed improvements, a segment of the parkway will be constructed. The parkway section will begin at Mapache Pass and extend south approximately 1,330 feet. The proposed gravity sanitary sewer will start at a manhole 2,600 feet south of Yorktown Blvd. and will extend from that point south. The proposed line will be installed along the proposed section of Oso Parkway. The proposed project will include approximately 1,300 linear feet of 12- inch diameter gravity sanitary sewer and 4 feet diameter manholes at required depths to be built at maximum depths. The proposed waterline will start at a stub-out 2,600 feet south of Yorktown Blvd from a previously constructed 12" waterline along the existing section of Oso Parkway. The total length for the 12-inch waterline installation is 1,300 linear feet. Fire hydrants shall be installed on the 12-inch waterline at every 600 feet. The water line design will follow criteria established by the IDM. The proposed improvements as part of this project will provide vehicular, water and sanitary sewer connectivity to future sections of Oso Parkway to the west including intersections at Rodd Field Rd. and Cimarron Blvd. Design Memorandum Page 13 SECTION II — Proposed Improvements A. Oso Parkway Roadway 1. 60' Right of Way 2. 40' Back to Back Concrete Pavement Section • 6.5" Thick Concrete Pavement • 8" Lime/Cement Stabilized subgrade • Curb and Gutter 3. Drainage Infrastructure 4. Sand 8' wide Sidewalk sections B. Gravity Sanitary Sewer 1. 12-inch diameter PVC pipes to be installed at maximum depths. 2. Manholes Manholes for this project will be spaced at a maximum of 500 feet apart per TCEQ Chapter 217 requirements. All the manholes will be 4 feet in diameter. Manholes will be fiberglass with wall thickness and construction to conform to City of Corpus Wastewater Standard Details and Specifications. C. Water 1. 12-inch diameter PVC All proposed PVC water lines will be installed according to City of Corpus Christi Water Standard depths. 2. Fittings Fittings shall be either cast iron or ductile iron and shall conform to A.N.S.I. A21.10 and A.W.W.A. C-110 and C-153, Latest Edition. Design Memorandum Page 14 SECTION III - Roadway Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. The proposed section will begin at Mapache Pass and continue south along the same bearing for approximately 1,330 feet. SECTION IV - Gravity Sanitary Sewer Alignment A topographic survey will be conducted to identify existing conditions, utilities, and other possible obstructions. Gravity Sanitary Sewer A. Locations and Alignment for Proposed Sewer Lines The proposed gravity sanitary sewer will start at an upstream point approximately 2,600 feet south of Yorktown Blvd. and will extend from that point south. This line will be installed inside the right of way on the east side of Oso Parkway. See Exhibit D for overall water & sanitary sewer layout. B. Crossings The future sanitary sewer gravity main will cross the following: Utilities a. Water: A preliminary investigation indicates that there will be a crossing of proposed water lines, which will be designed per TCEQ & City Standards. We do not anticipate the following crossings: b. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed gravity main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there should not be any crossing of existing petroleum or petrochemical lines. Design Memorandum Page 15 SECTION V — Water Line Alignment A. Locations and Alignment for Proposed Water Lines The proposed waterline will start at an point approximately 2,600 feet south of Yorktown Blvd. and will extend from that point south. This line will be installed inside the right of way on the west side of Oso Parkway. See exhibit E for overall water& sanitary sewer layout. B. Crossings The future 12-inch waterline will cross the following: Utilities a. Sewer (Sanitary Sewer): A preliminary investigation indicates that there will be a crossing of proposed sewer lines, which will be designed per TCEQ & City Standards. We do not anticipate the following crossings: b. Electrical: There are overhead electrical lines at various locations along the proposed force main route. To the best of our knowledge, all electrical lines are above ground and will not interfere with the installation of the proposed water main. c. Telephone and Fiberoptics: It does not appear that there will be any crossing of telephone or fiberoptic lines. d. Petroleum and Other Petrochemical Lines: A preliminary investigation indicates that there should not be any crossing of existing petroleum or petrochemical lines. SECTION VI — Roadway Design A. Pavement Design 1. The design of the roadway will follow criteria established by the Infrastructure Design Manual. Streets shall be designed for a 30-year life in accordance with the American Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures ("the AASHTO Design Guide") 1993 Edition and supplements unless a later edition of the AASHTO Design Guide is required by the Design Standards under the latest edition of the Infrastructure Design Manual and supplements. (Ordinance 030023, 12/10/2013). 2. A Geotechnical Report has been conducted for this area. Design Memorandum Page 16 SECTION VII — Design Flow for Sanitary Sewer and Water A. Design Flow for Sanitary Sewer 1. Service Area The proposed sanitary sewer system is designed to serve approximately 81 acres of land that includes multi-family, single-family, schools and commercial. There will be approximately 424 lots for the entire proposed development. See Exhibit C for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The flow for this area has already been calculated in the Oso Wastewater Treatment Plant Master Plan. The proposed development is in accordance with the Future Land Use Plan that the Master Plan used to calculate flows. Therefore, we propose to build the extension of the collection line per the master plan size and depth required. B. Design Flow for Water Line 1. Service Area The proposed water system is designed to serve approximately 81 acres of land that includes multi-family, single-family, schools and commercial. There will be approximately 424 lots for the entire proposed development. See Exhibit C for a map of the area that the proposed sanitary sewer line will serve. 2. Design Flow The updated design flow from the proposed development was calculated by as follows: 350 GPD/LOT AVG. DAILY Total Lots= 424 Total Average Daily= 148,400 GPD Therefore, the expected water demand for the proposed development is calculated to be 148,400 GPD Design Memorandum Page 17 SECTION VIII — Work Plan A. Surveys and Plan Preparation 1. Datum: All work on this project (surveys, plans) will be on the Texas State Plane Coordinate System, NAD 83, South Zone (City Standard Datum). 2. Ground Surveys: Ground elevations and validation of general land features shall be made to determine trench depths, utility locations and other obstructions. Specific areas of concern such as major channels and street crossings will require more than the normal surveys to identify topographic variations and other sub-surface structures. 3. Drawings Drawings will be completed in accordance with the City of Corpus Christi's Standards, properly coordinated with the project specifications and other details and arranged in such a fashion as to allow the Contractor to accurately estimate the cost of the project and construct it. All drawings will be produced electronically using a computer aided drafting design (CADD) package. Horizontal and Vertical Scale: The scale recommended and utilized on this project shall be 1"= 40' horizontal, 1" = 4' vertical. All plan and profile sheets will be arranged as to read from left to right with the project beginning at Mapache Pass. Where possible, plan views will be oriented with the north to either the top or left of the sheet. Design Memorandum Page 18 SECTION IX — Construction Requirements A. Disposal Of Excess Site Excavation Material All excess excavation material shall be disposed of by the Contractor. Provisions shall be provided in the Contract Documents to direct the Contractor in proper disposal of contaminated soil. B. Restoration Fields and ditches shall be seeded or sodded to prevent erosion. All driveways and pavements shall be repaired. C. Storm Water Pollution Prevention Plan A storm water pollution prevention plan shall be incorporated into the Contractor's work plan to minimize pollution entering the storm sewers along the project (including open drainage ditches). Specific emphasis shall be made near street intersections and large drainage facilities where access to and from the work area shall be critical. D. Erosion Control There are no specific areas where the gravity main installation shall cause erosion of property. Therefore, no specific erosion control measures are recommended beyond the City Standard Stormwater Pollution Prevention Plan. 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EXHIBIT D Tl Ex.rx Ex.rx Ex.rx —�Qow.i o reu ow Ex rx I II s s.�a uilurvE4sEMENi rx s.�e viox.orwwr E4SEMENi x� III ww.sv uxs s .�c u.iury E4SEMENi cww.sv uNEE4sEMEN♦/�- Mx ww.sv�x LJ x e sx cww.sv�xs FPSEME L—J l O f ��os sevsv EPSEMENi ^� m �e �h ,s �G °wa.ExxxE�EMEx. � °wa.ExxxE�EMEx. o- ,x r s warex ux EFivsEwExi s warex xxE FasEwExi \M .x 'MA �s uFs °° EX 4SIIli o W w Ex FaseMex. vFaseMex. U�— �9 EME I Lu O O Q Q °. x°�°sue.Pa�,.�.,. w aP x U Lu co Z m O [if Ow T WASTEWATER WATERLINE BASEMAP xP WAS EWA ER BASE�MAP —wx 1 Sl—w SEE, o.n,.�a oeronnm.m� 1-111-1 IN111 Lam° L.�° � rercoreo oanwmc mo EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 9/26/2025 Oso Corner Unit 3- Cost SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12"SANITARY SEWER 1300 LF 150.00 195,000.00 2 4' DIA. MANHOLES 3 EA 20,000.00 60,000.00 3 DE-WATERING FOR SANITARY SEWER 1300 LF 80.00 104,000.00 4 EMBEDMENT 1300 LF 10.00 13,000.00 5 ITRENCH SAFETY 1 1300 1 LF 1 5.001 6,500.00 SUBTOTAL $ 378,500.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 41,635.00 CONTINGENCY(7%) 26,495.00 BOND(2%) 7,570.00 TOTAL $ 454,200.00 REIMBURSEMENT AMOUNT IS EQUAL TO 50%OF THE TOTAL COST 227,100.00 Page 1 of 1 EXHIBIT 5 City of CITY OF CORPUS CHRIST] Corpus Chnsti DISCLOSURE OF INTEREST Corpus Christi Code 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer wit "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: MPM Development, LP STREET ADDRESS: 2301 Airline Rd Ste 209 P.O.BOX: 331308 CITY: Corpus Christi STATE: Texas Zip: 78463 FIRM IS: 1. Corporation ❑ 2. Partnership ® 3. Sole Owner ❑ 4 Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Mossa (Moses) Mostaghasi Board, Commission or Committee - Capital Improvement Advisory Commity 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Mossa (Moses) Mostaghasi Title- General Partner Signature of Date: 10-13-25 Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city- b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,Assistant City Managers, Department and Division Leads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, prcxies, or special terms of venture or partnership agreements. g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Go�Qus Cy, s km REIMBURSEMENT AGREEMENT - u M P M DEVELOPMENT, LP - s: r FOR WASTEWATER COLLECTION • • FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION REIMBURSEMENT AGREEMENT Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement agreement up to $227,100.00 with MPM Development to construct an off-site sanitary sewer improvement for a proposed Phase-II residential development located off Yorktown Boulevard, southeast of Starry Rd. also known as Oso Creek Corner Unit 3 and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to the $227,100.00 to reimburse �- the developer in accordance with the agreement. (District 5). FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION LOCATION MAPtr ` \ a Legend --. 0 1,000 2000, P1g°: US Feel Location Map Oso Creek Corner Unit 3 Corpus Christi TX 3 City of Corpus Christi v �__ FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION TOTAL COST ESTIMATE Oso Corner Unit 3 - Cost SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" SANITARY SEWER 1300 LF $150.00 $195,000.00 2 4' DIA. MANHOLES 3 EA $20,000.00 $60,000.00 3 DE-WATERING FOR SANITARY 1300 LF $80.00 $104,000.00 SEWER 4 EMBEDMENT 1300 LF $10.00 $13,000.00 5 TRENCH SAFETY 1300 LF $5.00 $6,500.00 SUBTOTAL $378,500.00 ENGINEERING,SURVEYING,&TESTING(11%) $41,635.00 CONTINGENCY(7%) $26,495.00 BOND (2%) $7,570.00 TOTAL $454,200.00 REIMBURSEMENT AMOUNT IS EQUAL TO 50% OF THE TOTAL COST $227,100.00 4 City of Corpus Christi FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION TIMELINE OF TRUST FUND BALANCE FY24-FY25 Available Combined Trust balance as of 11/30/2025 -$1,099,460.98 FY 2024 - 18 projects -$14,912,540.24 Ending Cash Balance $3,738,843.04 End of FY 2024 Balance -$11,184,923.57 CCW Transfer - Wastewater $7,384,800.00 Water $1,805,556.00 Total: -$1,994,567.57 FY25 - 7 projects -$1,597,005.60 FY26 - 1 project -$394,296.00 *As of 11/30/25 Balance is Total: -$1,099,460.98 -� *Note: Balance reflects progress payments made on projects as well as deposits made into the Trust Fund Accounts. "= 5 City of Corpus Christi FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION TRUST FUND BALANCE City Council has approved 8 requests in FY25 & FY26 resulting in the Trust Fund to be overcommitted again, as of November 30, 2025 by: -$1,099,460.98 The following projects approvals make up the new over commitment: 1. Westwood Heights Unit 4 (Devonshire Custom Homes, Inc) $14,476.00 (Wastewater: Collection Line) FY25 2. King's Landing Unit 6 (MPM Development, LP) $440,829.12 (Wastewater: Trunk) FY25 3. King's Landing Unit 9 (MPM Development, LP) $14,685.78 (Wastewater: Trunk) FY25 4. Waldron (Horizon Land Properties) $524,660.00 (Water: Water Arterial Transmission&Grid Main) FY25 5. King's Landing Unit 10 (MPM Development, LP) $114,240.00 (Water: Water Arterial Transmission&Grid Main) FY25 6. King's Landing Unit 10 (MPM Development, LP) $102,830.40 (Wastewater: Trunk) FY25 . .� 1 7. King's Landing Unit 8 (MPM Development, LP) $322,684.80 (Wastewater: Trunk) FY25 S. King's Landing Unit 11 (MPM Development, LP) $394,296.00 (Water:Water Arterial Transmission&Grid Main) FY26 FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION TRUST FUND BALANCE AS OF NOVEMBER 30, 2025 Available Combined Trust balance as of 11/30/2025 as reported by Finance is: -$1,099,460.98 Individual Trust Fund balance break down (including Cash Management): -$1,165,318.21 $65,857.23 Developer Project Water Wastewater Total: $ (1,165,318.21) $ 65,857.23 $(1,099,460.98) MPM Development, LP Kin 's Landing U12 $ 252,720.00 $ 252,720.00 Balance: $(1,352,180.98) MPM Development, LP King's Landing U13 $ 62,040.001 $ 62,040.00 Balance: $(1,414,220.98) MPM Development, LP Oso Creek Corner(Water) $ 380,460.00 1 $ 380,460.00 Balance: $(1,794,680.98) MPM Development, LP Oso Creek Corner(Wastewater) $ 227'100.00 $ 227,100.00 Balance: $(2,021,780.98) 7 City of Corpus Christi 0@: FOR WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION RECOMMENDATION • Staff recommends approval of the • The request is in accordance with UDC reimbursement agreement with MPM Section 8.5 Trust Fund Policy. Development, LP to reimburse the developer up to $227,100.00 for the City's share of the cost to construct the wastewater infrastructure improvements. CITY OF 1 ...:oi CORPUS m k1w—a-0ill-k-4- 1- 1 1! �' - CHRISTI GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! r w � • Y �. lt j����� •3,,,u S � �fii J F� ' ppI 1 ip ±' �I Legendwmw = - Street Participation Agreement Water&Wastewater Reimbursement •It.+a Agreement Subdivision Boundary 1,000 2,000 Phase 2 US Feet Location Map Oso Creek Corner Unit 3 Corpus Christi TX f PROJECT LOCATION / t'r e y ` Al, Davis1'/ Reservoir \\ARCSER\2\6ISProjects\Req.estr\Recurring\Location Maps_DevelapmenSewiices\LocationMaps_DSD_Deliv—bles\C4_19656_050_CREEK_CORNER_UNIT_3.pdf DATE CREATED 11/13/2025 ' �s \� CITY OF CORPUS CHRISTI AGENDA MEMORANDUM First Reading for the City Council Meeting of January 13, 2026 Second Reading for the City Council Meeting of January 27, 2026 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Interim Assistant City Manager danielmc@corpuschristitx.gov (361) 826-7011 Corpus Christi Huntwick Avenue LP request for Type B Funding of $1 million CAPTION: Ordinance authorizing an amended Affordable Housing Project Loan Agreement between the Corpus Christi B Corporation and Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments, in the amount of $1,000,000 for the development of 75 affordable senior rental housing units located at 5501 Huntwick Avenue; appropriating $1,000,000 from the Type B Affordable Housing Fund; and amending the FY 2026 Operating Budget. SUMMARY: Danco Communities LLC, has secured a Low-income Housing Tax Credit (LIHTC) commitment of $1,948,110 from the Texas Department of Housing and Community Affairs (TDHCA) and a City of Corpus Christi HOME Investment Partnership (HOME) loan of $1 million to build 80 senior apartments, 75 of which will be affordable to households at or below 60 percent of the Area Median Income (AMI). From the time of LIHTC and HOME award, project costs have increased and LIHTC equity pricing has decreased, creating a gap of $2.96 million. The project partnership is requesting $1 million from the Type B Corporation affordable housing funds to assist in filling the gap. The Type B investment would be four percent of the total project costs of $23,941,964. BACKGROUND AND FINDINGS: Palo Verde Senior Apartments (5501 Huntwick Avenue) will be an 80-unit multi- family, senior affordable housing development. With 75 units affordable to senior households at or below 60 percent AMI, the project is eligible under Texas Local Government Code Sec. 505.153 governing Type B Board affordable housing projects. Palo Verde Senior Apartments Income Restrictions Type # of Units % of total 80 Units 60% Area Median Income or Below 52 65% 50% Area Median Income or Below 15 19% 30% Area Median Income or Below 8 10% Market Rate 15 6% The project will consist of 41 one-bedroom units (51 percent) and 39 two-bedroom units (49 percent). Palo Verde Senior Apartments incorporates many desirable elements for a senior affordable housing project: (1) providing high quality housing for residents at affordable prices to ensure stability of the low income community, (2) eight units are being rented to residents whose incomes are at or below 30% of the area median income which are providing housing for Corpus Christi residents who are earning at or below the poverty level, (3) the property will be connecting residents to community resources and services. Palo Verde Senior Apartments will also be accessible to nearby amenities such public transportation and a grocery store with a pharmacy within less than half a mile. The Type B Corporation approved the project on December 8, 2025, and approved an amended agreement for administrative changes on January 12, 2026. Project Costs and Funding Sources The request for $1 million from the City of Corpus Christi's Type B Affordable Housing Fund covers a funding gap representing four percent of the total project cost of approximately $23.9 million. This funding gap is due to the increase in construction costs and the reduction in LIHTC equity pricing. The Type B Corporation contribution will be secured with a loan agreement structured as a 40-year note with an interest rate of three percent, non-compounding. The loan is subordinate debt and paid by cash flow remaining after payment of primary loans and the deferred developer fee. Remaining balance is repaid at the time of sale or refinance. Development Costs Mar-25 Oct-25 Dec-25 Change 0/0 From March Land $2,500,000 $2,500,000 $2,500,000 $0 00/0 Hard Costs $12,833,259 $15,709,834 $15,295,287 $2,462,028 19% Soft $2,209,070 $2,208,453 $1,930,318 ($278,752) -13% Financing $1,530,992 $1,609,674 $1,609,674 $78,682 5% Developer $2,409,353 $2,409,353 $2,409,353 $0 0% Fees Reserves $190,146 $197,332 $197,332 $7,186 4% Total $21,672,820 $24,634,646 $23,941,964 $2,269,144 10% Sources Mar-25 Oct-25 Dec-25 Change 0/0 from March Citi Bank $4,100,000 $6,300,090 $6,300,090 $2,200,090 54% City of $500 $0 $0 ($500) -100% Corpus Christi HOME $1,000,000 $1,000,000 $1,000,000 $0 00/0 Loan Type B $- $1,000,000 $1,000,000 $1,000,000 1000/0 Affordable Housing Boston $15,972,905 $15,193,740 $14,609,360 ($1,363,545) -9% Financial LI HTC Deferred $599,415 $1,140,816 $1,032,514 $433,099 72% Developer Fees Total $21,672,820 $24,634,646 $23,941,964 1 $2,269,144 10% ALTERNATIVES: The City Council could choose not to approve or decrease the amount of this agreement and Corpus Christi Huntwick Avenue LP would need to seek alternative funding sources or abandon the project. FISCAL IMPACT: The allocation of $1,000,000 would come from the unreserved fund balance in the Type B Affordable Housing Fund. The loan will subordinate and repaid with available project cash flow after primary loans and deferred developer fees are paid. Funding Detail: Fund: Type B Housing Fund 1147 Organization/Activity: 15000- Affordable Housing Department: 57 Economic Development Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends approval of $1,000,000 of Type B Affordable Housing funds disbursed to Corpus Christi Huntwick Avenue LP for the construction of 75 affordable senior housing apartment units. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Agreement Ordinance authorizing an amended Affordable Housing Project Loan Agreement between the Corpus Christi B Corporation and Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments, in the amount of $1,000,000 for the development of 75 affordable senior rental housing units located at 5501 Huntwick Avenue; appropriating $1,000,000 from the Type B Affordable Housing Fund; and amending the FY 2026 Operating Budget. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, residents of the City of Corpus Christi have 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; WHEREAS, the Board has determined that it is in the best interest of the residents of the City that up to $1 ,000,000 from the Corpus Christi B Corporation Affordable Housing Fund be reserved for Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments, for the development of 75 affordable senior rental housing units located at 5501 Huntwick Avenue; and WHEREAS, the Palo Verde Senior Apartments will bring needed affordable housing to low-income senior households at or below 60 percent of the area median income. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $1,000,000.00 are appropriated from Type B Affordable Housing Fund No. 1147 for Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments. Section 2. The FY2025-26 Operating Budget adopted by Ordinance No. 033730 is amended to increase expenditures by $1 ,000,000.00 for the Type B Fund 1147. Section 3. The City Council approves the use of up to $1,000,000.00 from the Corpus Christi B Corporation Affordable Housing Fund for Corpus Christi Huntwick Avenue LP, commonly known as Palo Verde Senior Apartments, for the development of 75 affordable senior rental housing units located at 5501 Huntwick Avenue. Introduced and voted on the day of 2026 PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary LOAN AGREEMENT between the CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP (Whose general partner is Houston Esperanza, a Texas non-profit corporation, and whose special limited partner is Corpus Christi Huntwick Avenue GP LLC) STATE OF TEXAS § COUNTY OF NUECES § This LOAN AGREEMENT (hereinafter"AGREEMENT") is hereby made and entered into to be effective as of the date approved by city council of the City of Corpus Christi, by and between the CORPUS CHRISTI B CORPORATION, (hereinafter"B Corporation"),and CORPUS CHRISTI HUNTWICK AVENUE LP, a limited partnership organized under the laws of the State of Texas (hereinafter"BORROWER"). WHEREAS,the general partner of the BORROWER is Houston Esperanza, a Texas non- profit corporation; and WHEREAS, the special limited partner of the BORROWER is Corpus Christi Huntwick Avenue GP LLC, a California limited liability corporation registered to do business in Texas whose member is Johnson & Johnson Investments, LLC, a California limited liability company, and whose manager is Danco Communities, a California corporation (the "Developer"; and WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 19791 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; and WHEREAS, on November 8, 2016, residents of the City passed Proposition 1 , Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and 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; and WHEREAS,the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; and WHEREAS,Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; and WHEREAS,the Board wishes to fund affordable housing projects in an effective manner, and the Developer has proposed to develop new affordable housing units in the City; and WHEREAS, the Board has determined that it is in the best interest of the residents of the City that the Borrower be loaned affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in the Scope of Work, which is attached hereto as Exhibit A and incorporated herein by reference as if laid out here in its entirety and the Board has determined that such a development is required or suitable for the promotion of development and expansion of affordable housing under Texas Local Government Code Section 505.153; and WHEREAS,the Corpus Christi B Corporation has adopted a budget for such funds and has included therein the expenditure of affordable housing funds in the form of a subsidy loan with 3% simple interest for a 40-year term with payments made from available net cash flow (hereinafter"Loan")to BORROWER for the construction of a residential senior citizen affordable housing apartment project entitled, "Palo Verde Senior Apartments" (hereinafter"Project"); and WHEREAS, the Corpus Christi B Corporation wishes to make the Loan to BORROWER in connection with the construction of the Affordable Housing Project; and such Loan to be secured by, among other things,the Loan Agreement, Promissory Note, Deed of Trust and Deed Covenant, filed of record against the Property. NOW THEREFORE, the parties hereto severally and collectively agree, and by the execution hereof are bound, to the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described: I. TERM 1.1 This Agreement commences on the effective date on which the City Council grants approval to the Corporation for this Project, and terminates during the following: 1. on the Maturity Date, of the 40 year term of repayment set forth in the Promissory Note, which shall be executed by BORROWER; or 2. Automatic termination upon BORROWER failing to receive bank financing or failing to comply to applicable federal and state laws, including but not limited to city ordinances. 1.2 BORROWER shall construct a multifamily dwelling for a qualified low-income housing Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP project for senior citizens; and obtain a certificate of occupancy for such dwelling within three years from the effective date of this agreement. In this context, a qualified low-income housing project is defined under 26 U.S.C.S. §42(g). II. SCOPE OF PROJECT TO BE CONSTRUCTED BY BORROWER 2.1 Borrower shall construct an 80-unit housing development for senior citizens in the City of Corpus Christi, Texas called "Palo Verde Senior Apartments". The Project will consist of the construction of 75 affordable multi-family housing units which will be leased exclusively to senior citizens at or below 60% of the average median income for Nueces County, as those figures are updated by HUD annually and adjusted for family size. Type B affordable housing loan funds provided under this Agreement will be utilized for the construction of the affordable housing units for rentals to senior citizens. Designation of the affordable housing units shall be as follows: 41 (600 sq ft) one-bedroom units; and 39 (850 sq ft) two-bedroom units. III. PRINCIPAL AMOUNT, INTEREST AND TERMS OF LOAN PAYMENT a. The Corpus Christi B Corporation shall grant a subsidy loan to BORROWER in the amount of $1.000,000.00 for the construction of Palo Verde Senior Apartments an 80-unit senior citizen development in the City of Corpus Christi, Texas as described in Exhibit A. The loan amount shall be disbursed to BORROWER at the time of loan closing, and after BORROWER executes all loan documentation. The B Corporation has adopted a budget for such affordable housing funds, and has included therein the expenditure of affordable housing funds for this project in the form of a subsidy loan not to exceed $1,000,000.00, with 3% interest for a 40-year term with payments made from available net cash flow in order of subordination. The Corporation's loan subsidy shall be secured with a loan agreement and other instruments that may include, but are not limited to a promissory note, deed of trust, and deed covenant. Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP IV. REPRESENTATIVES 4.1 Unless written notification by BORROWER to the contrary is received and approved by Corporation and City, Christopher Dart, the President of Danco Communities, shall be BORROWER's designated representative responsible for the management of all contractual matters pertaining to this AGREEMENT. 4.2 The City Manager, or his designee, shall be CITY'S designated representative responsible for the management of all contractual matters pertaining to this AGREEMENT. 4.3 Communications between CORPUS CHRISTI TYPE B CORPORATION and BORROWER shall be directed to the designated representatives of each as set forth in paragraphs numbered 4.1 and 4.2 hereinabove. V. BORROWER'S WARRANTIES AND REPRESENTATIONS 5.1 Responsibility. BORROWER shall be solely responsible for all aspects of BORROWER's business and conduct in connection with the construction of the Affordable Housing Project, including without limitation: {A) The quality and suitability of the Plans; (B) Supervision of the construction of the Improvements; (C) The qualifications, financial condition and performance of all architects, engineers, contractors, subcontractors, material suppliers, consultants, and property managers; (D) Conformance of construction of the Improvements to all Legal Requirements and to the requirements of this Agreement; and (E) The quality and suitability of all materials and workmanship. {F) The performance of the Project, of all services and activities set forth in this AGREEMENT, and adherence to all federal, state and local laws. 5.2 President Authority. BORROWER represents, warrants, assures and guarantees that the individual, herein the President of Houston Esperanza,the General Partner of CORPUS CHRISTI HUNTWICK AVENUE LP, executing this AGREEMENT has full legal authority to execute this AGREEMENT on behalf of BORROWER, as applicable, and to bind BORROWER, as applicable, to all terms, performances and provisions herein contained. Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP 5.3 Claims. BORROWER warrants that there are no claims, demands, suits, proceedings, causes of action or other actions (hereinafter collectively referred to as "claims") of a material nature pending or, to the knowledge of BORROWER,threatened against or affecting BORROWER or the Property, or involving the validity or enforceability of the Deed of Trust or the priority of the liens and security interests created therein; and no event has occurred (including specifically BORROWER's execution of the respective Loan Documents, and Borrower's consummation of the Loan)which will violate, be in conflict with, result in the breach of or constitute{with due notice or lapse of time, or both) a default under any Legal Requirement or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever on the Property other than the liens and security interests created by or expressly permitted under the Loan Documents. 5.4 Notice of Claims. In the event that any material claims are made or brought against BORROWER or the Property, BORROWER shall give written notice thereof to CITY within ten{10) business days after itself being notified. BORROWER's notice to CITY shall state the date BORROWER received written notice of the claim;the names and addresses of those instituting or threatening to institute the claim, the basis of the claim; and the name(s) of any others against whom the claim is being made or threatened. Written notice pursuant to this Article shall be delivered in accordance with the terms of Section 38.2 of this AGREEMENT. 5.5 Warranty of Agreement. BORROWER warrants it shall manage, perform and provide all of the activities and services required under this AGREEMENT. The funds available for utilization hereunder shall be expended only in accordance with the terms of this AGREEMENT. BORROWER shall submit a Project budget and construction schedule ("Construction Schedule")within ten (10) days of start of construction activities to the Corpus Christi B Corporation, and shall submit written quarterly status reports thereafter as described below in Section 8.1 {D). 5.6 BORROWER an Independent Contractor. BORROWER warrants and agrees that BORROWER is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions, and that CITY shall in no way be responsible therefore. VI. DRAW REQUEST 6.1 CITY will deliver funding to BORROWER,to be used by BORROWER to construct the Project, up to $1,000,000.00, upon request of the BORROWER at loan closing; and the Corpus Christi B Corporation's loan contribution shall be secured with a promissory note, deed of trust, and deed of covenant. Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP VII. CONFLICT OF INTEREST 7.1 BORROWER covenants that neither it nor any member of its governing body or of its staff presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT. BORROWER further covenants that in the performance of this AGREEMENT, no persons having such interest shall be employed or appointed as a member of its governing body or of its staff. 7.2 BORROWER further covenants that no member of its governing body or of its staff shall possess any interest in, or use their position for, a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with which they have family, business, or other ties. 7.3 No member of CORPUS CHRISTI B CORPORATION OR CITY's governing body or of its staff who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this AGREEMENT shall: (A) Participate in any decision relating to this AGREEMENT, which may affect his or her personal interest or the interest of any corporation, partnership, or association in which he or she has a direct or indirect interest; or (B) Have any direct or indirect interest in this AGREEMENT or the proceeds thereof. Vill. RECORDS AND REPORTS, and MONITORING AND INSPECTION 8.1 Records and Reports. (A) Any and all information, reports, papers and other data (including, without limitation, any and all balance sheets, statements of income or loss, reconciliation of surplus and financial data of any other kind) heretofore furnished, or to be furnished, to CITY by or on behalf of BORROWER are, or when delivered will be,true and correct in all material respects; all financial data has been, or when delivered will have been, prepared in accordance with generally accepted accounting principles consistently applied and fully and accurately present, or will present, the financial condition of the subjects thereof as of the dates thereof; and, with respect to the financial data heretofore furnished, no materially adverse change has occurred in the financial condition reflected therein since the dates thereof. (B) Maintenance of records shall be in compliance with all terms, provisions and requirements of this Agreement and with all applicable federal and state regulations establishing standards for financial management; and the record system shall contain sufficient documentation to provide in detail full support of each expenditure. BORROWER agrees to retain,for the period of time and under the conditions specified in writing by CITY, all books, records, documents, reports, and written accounting policies Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP and procedures pertaining to the Project and expenditures of funds under this Agreement, and as in accordance with 24 CFR 92.508(c)(1)(4). (C) At any reasonable time and as often as CITY may deem necessary in its reasonable determination, BORROWER shall make all of its records available to CITY, CORPUS CHRISTI B COPORATION, HUD, or any of their agents or authorized representatives, and shall permit CITY,CORPUS CHRIST B CORPORATION, HUD, or any of their agents or authorized representatives to audit, examine, and make excerpts and/or copies of same. BORROWER's records shall include, but shall not be limited to, the following: books, records, accounting data and other documents of Borrower that relate in any way to the Property, including without limiting the generality of the foregoing, all permits, licenses, consents and approvals of all Governmental Authorities having jurisdiction over Borrower or the Property. (D) Quarterly performance records and reports shall be submitted to CITY by BORROWER on or before the fifteenth (15th) calendar day of January, April, July and October, with each report reflecting the previous quarter. During construction of the Project, the quarterly report shall contain details related to construction progress. Following completion of the Project, such report shall contain details related to the financial performance (including leasing activity and an income statement regarding the Project). The form of such report must meet the approval of CITY, and BORROWER agrees to make any and all changes to such form as may be recommended by CITY, as well as provide additional information in connection with such reports as may be requested by CITY, both in CITY's reasonable determination. 8.2 Monitoring and Inspection. (A) CITY, through its officers, agents or employees, shall, with reasonable prior notice delivered to Borrower, have the right to enter upon the Property and perform on-site monitoring and inspection to determine that Borrower's performance is in conformity with the Plans and all the requirements of the AGREEMENT during regular business hours. (B) It is expressly understood and agreed that CITY shall have no duty to supervise or to inspect the construction activities or any books and records, and that any such inspection shall be for the sole purpose of determining whether or not the obligations of BORROWER are being properly discharged and in preserving CITY's rights under this Agreement. If CITY or its agent, acting on its behalf, inspects the construction activities or any books and records, CITY shall have no liability or obligation to BORROWER or any third party arising out of such inspection. CITY's failure to inspect the construction activities or any part thereof or any books and records shall not constitute a waiver of any of CITY's rights hereunder. Neither BORROWER nor any third party shall be entitled to rely upon any such inspection or review. Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP IX. INDEMNIFICATION 9.1 BORROWER covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, CORPUS CHRISTI B CORPORATION AND CITY and its elected officials, employees, officers, directors, volunteers, agents and representatives individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon CORPUS CHRISTI B CORPORATION and CITY, directly or indirectly arising out of, resulting from or related to BORROWER's activities under this AGREEMENT, including any acts or omissions of BORROWER, any agent, officer, director, representative, employee, consultant, contractor or subcontractor of BORROWER, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this AGREEMENT, all without, however,waiving any governmental immunity available to CORPUS CHRISTI B CORPORATION and CITY under Texas law and without waiving any defenses of the parties under Texas law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY,AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS,AGENTS,AND REPRESENTATIVES, UNDER THIS AGREEMENT. The provisions of this INDEMNIFICATION are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity not mentioned herein. BORROWER shall promptly advise CORPUS CHRISTI B CORPORATION and CITY in writing of any claim or demand against CORPUS CHRISTI B CORPORATION or CITY or BORROWER known to BORROWER related to or arising out of BORROWER's activities under this AGREEMENT and shall see to the investigation and defense of such claim or demand at BORROWER's cost. CORPUS CHRISTI B CORPORATION and CITY shall have the right, at its option and at its own expense, to participate in such defense without relieving BORROWER of any of its obligations under this paragraph. X. PUBLICITY AND PUBLICATIONS 10.1 In any news release, sign, (other than permanent signage on the Property}, brochure, or other advertising medium disseminating information prepared or distributed by or for BORROWER, mention shall be made of both Corpus Christi B Corporation and HUD funded CITY participation having made the Project possible. 10.2 BORROWER will have affirmative marketing procedures to market units to persons in the housing market area without regard to race, color, national origin, sex, religion, familial status, or disability. X 1 . DEFAULT, NOTICE AND CURE Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP 11.1 Notwithstanding anything to the contrary set forth herein or in any of the other Loan Documents, if CORPUS CHRISTI B CORPORATION has determined that BORROWER has failed to comply with any of the terms and/or conditions of this AGREEMENT and/or any of the terms of any of the other Loan Documents, CORPUS CHRISTI B CORPORATION shall deliver notice thereof to BORROWER and BORROWERS limited partner of such determination, and BORROWER and BORROWER' limited partner shall have (a) a minimum of ten {10) days to cure monetary violations or defaults, and (b) a minimum of thirty {30) days to cure non-monetary violations or defaults(or such longer period as may be reasonably necessary to cure such default or otherwise as set forth herein or in any of the other Loan Documents) prior to enforcing any of it remedies set forth herein or in any of the other Loan Documents. CORPUS CHRISTI B CORPORATION hereby agrees that any cure of any default made or offered by any of BORROWER'S limited partners or any affiliate of any of BORROWER'S limited partners or their respective successors or assigns shall be deemed to be a cure by BORROWER and shall be accepted or rejected on the same basis as if made or tendered by BORROWER. 11.2 If BORROWER does not commence construction of the project described in Exhibit A within three (3) years from the date of execution of this agreement, BORROWER shall be in default of the terms of this agreement and the CORPUS CHRISTI B CORPORATION shall deliver notice thereof to BORROWER and BORROWER's limited partner of such determination, and shall proceed with legal recourse as stated in the Promissory Note and Deed of Trust. Upon reasonable determination by CORPUS CHRISTI B CORPORATION and CITY of BORROWER' failure to timely and properly perform pursuant to the provisions of this AGREEMENT beyond any applicable notice and cure period, Corporation B and/or City, at its discretion, may proceed with legal recourse as stated in the Promissory Note and Deed of Trust. XII. TERMINATION 12.1 "Termination" of this AGREEMENT shall mean termination by expiration of the AGREEMENT term or earlier termination pursuant to any of the provisions hereof. 12.2 CORPUS CHRISTI B CORPORATION, CITY may terminate this AGREEMENT and exercise its legal recourse under the Promissory Note, Deed of Trust, and Deed Covenant for any of the following reasons: (A) Neglect or failure by BORROWER to perform or observe any of the terms, conditions, covenants or guarantees of 1) this AGREEMENT, 2) any of the other Loan Documents, or 3) failure to construct project within three (3) years from execution of this Agreement; (B) Appointment of a trustee, receiver or liquidator for all or a material part of BORROWER's Property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against BORROWER, and the same is not dismissed within ninety(90) days; Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP (C) The entry by a court of competent jurisdiction of a final order providing for the modification or alteration of the rights of BORROWER's creditors; (D) Inability by BORROWER to conform to changes in local, state and federal rules, regulations and laws as required under this AGREEMENT and all Legal Requirements, which inability has or is reasonably expected to have a material adverse effect on the Project, within sixty (60) days after receipt of notice from CITY of BORROWER's failure to conform; and 12.3 Upon receipt of notice to terminate in accordance with the terms of this Agreement, BORROWER shall cancel, withdraw, or otherwise terminate any and all outstanding orders and subcontracts, which relate to the performance of this AGREEMENT. To this effect, CORPUS CHRISTI B CORPORATION, CITY shall not be liable to BORROWER or BORROWER's creditors for any expense, encumbrances or obligations whatsoever incurred after the date of termination or which was not canceled,withdrawn or otherwise terminated by BORROWER in accordance with the provisions of this paragraph. 12.4 Any termination of this AGREEMENT as herein provided shall not relieve BORROWER from the payment of any sum(s) that shall then be due and payable or become due and payable to CORPUS CHRISTI B CORPORATION and CITY hereunder or as provided for at law or in equity, or any claim for damages then or theretofore accruing against BORROWER hereunder or by law or in equity,and any such termination shall not prevent CORPUS CHRISTI B CORPORATION and CITY from enforcing the payment of any such sum(s) or claim for damages from BORROWER. Instead, all rights, options, and remedies of CORPUS CHRISTI B CORPORATION and CITY contained in this AGREEMENT shall be construed and held to be cumulative and no one of them shall be exclusive of the other, and CORPUS CHRISTI B CORPORATION and CITY shall have the right to pursue any one or all of such remedies or any such other remedy or relief which may be provided by law or in equity whether or not stated in this AGREEMENT. 12.5 Should this AGREEMENT be terminated by either party hereto for any reason permitted by the terms of this Agreement except for a default by the CITY hereunder, if the work required hereunder of BORROWER is not fully completed to the reasonable satisfaction of CORPUS CHRISTI B CORPORATION and CITY in accordance with the terms of this AGREEMENT, BORROWER shall refund any and all sums of money paid by CORPUS CHRISTI B CORPORATION to BORROWER within ten{10)business days of CORPUS CHRISTI B CORPORATION, CITY's written request therefor. 12.6 Upon termination of this AGREEMENT by CORPUS CHRISTI B CORPORATION and CITY due to an uncured default by BORROWER, BORROWER shall be barred from future contracts with CITY absent the express written consent of the City Manager, or his authorized designee to contract with CITY. XIII. SPECIAL CONDITIONS Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP 13.1 Federal Drua Free Work olace Act. Borrower shall comply with the Federal Drug Free Workplace Act of 1988 and the regulations promulgated thereunder including, without limitation, 2 CFR Part 182. 13.1 13.2 National Flood Protection Act. The Improvements will be constructed in compliance with elevation requirements that meet or exceed the National Flood Protection Act, and any local requirements. 13.3 Byrd Amendment: Prohibition for Influencing Federal Entities. To the best of Borrower's knowledge, Borrower has complied with all restrictions, certifications and disclosure requirements contained in the Byrd Amendment to the fiscal 1990 appropriations measures for the United States Department of the Interior(P.L. 101-121) and any guidelines and rules issued by any federal entity in connection therewith, if applicable. 13.4 Local Vendors. To the greatest extent feasible, agreements for work to be performed in connection with this Project shall be awarded to business concerns including, but not limited to, individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, maintenance, or repair, that are located in or owned in substantial part by persons residing in the same metropolitan area or non-metropolitan county as this Project. 13.5 Tenant Selection Policy. BORROWER shall adopt written tenant selection policies and criteria, such as a written waiting list. 13.2 Rent Limitations. BORROWER understands that the rents for affordable rental housing units are restricted by the Rent Standard established in 24 CFR 92.252 (a)(1). The standard establishes one set of maximum rents for affordable housing units occupied by low-income households and another set for units occupied by very low-income households. 13.3 Manaaement. BORROWER shall contract a management company so as to operate and manage the Property upon completion of construction phase. The management contract shall be for no less than 12 (twelve) months. The management company must have at least one-year experience in managing a Section 8 property. BORROWER shall provide a copy of said management contract upon execution. CITY hereby approves of Wedge Management, Inc., to serve as the management company, and CITY has reviewed and approved of the Property Management Agreement between BORROWER and Wedge Management, Inc. 13.4 Unified Rule for Tenant-Based Assistance. BORROWER shall not discriminate against any certificate or voucher holder in accordance to 24 CFR Part 982, Section 8 Tenant Based Assistance: Unified Rule for Tenant-Based Assistance under the Section 8 Rental Certificate Program and the Section 8 Rental Voucher Program or to the holder of a comparable document evidencing participation in a HOME tenant-based rental assistance program. 13.5 Rent Increase Notices. BORROWER understands and agrees that any increase in rents is Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP subject to the provisions of outstanding leases, and in any event, BORROWER shall provide tenants of those units not less than thirty (30) days prior written notice before implementing any increase in rents. 13.6 Income Determination. BORROWER understands and agrees that the income of each tenant shall be determined initially in accordance with 24 CFR 92.203(a)(1)(i). BORROWER shall annually re-examine each such tenant's annual income during the period of affordability in accordance with one of the options in 24 CFR 92.203. 13.7 Temporary Noncompliance. BORROWER shall ensure that HOME assisted units continue to qualify as affordable housing despite a temporary noncompliance caused by increases in the incomes of existing tenants if actions satisfactory to CITY are being taken to ensure that all vacancies are filled in accordance with Section 42 of the Internal Revenue Code of 1986 until the noncompliance is corrected. 13.8 No Undocumented Workers Clause. BORROWER agrees that it will not knowingly employ an undocumented worker for project. XIV.CHANGES,AMENDMENTS AND ASSIGNMENT 14.1 Except when the terms of this AGREEMENT expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall be by amendment in writing executed by authorized representatives of both CORPUS CHRISTI B CORPORATION and BORROWER. 14.2 It is understood and agreed by the parties hereto that changes in local, state and federal rules, regulations or laws applicable hereto may occur during the term of this AGREEMENT and that any such changes shall be automatically incorporated into this AGREEMENT without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or law. 14.3 BORROWER further agrees to notify CORPUS CHRISTI B CORPORATION and CITY of any changes in its general partner, such notice to be provided within five(5)business days of the change. 14.4 Except as provided for in the BORROWER's formation documents, BORROWER shall not transfer, pledge or otherwise assign this AGREEMENT, any interest in and to same, or any claim arising thereunder, without first procuring the written approval of CORPUS CHRISTI B CORPORATION and City. Any attempt at transfer, pledge or other assignment shall be void and shall confer no rights upon any third person. XIV. NON-WAIVER OF PERFORMANCE 15.1 No waiver by CORPUS CHRISTI B CORPORATION, CITY of a breach of any of the terms, conditions, covenants or guarantees of this AGREEMENT shall be construed or held to be a waiver Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of CORPUS CHRISTI B CORPORATION, CITY to insist in any one or more cases upon the strict performance of any of the covenants of this AGREEMENT, or to exercise any option herein contained, shall in no event be construed as a waiver or relinquishment for the future of such covenant or option. In fact, no waiver, change, modification or discharge by either party hereto of any provision of this AGREEMENT shall be deemed to have been made or shall be effective unless expressed in writing and signed by the party to be charged. 15.2 No actor omission of CORPUS CHRISTI B CORPORATION, CITY shall in any manner impair or prejudice any right, power, privilege,or remedy available to CORPUS CHRISTI B CORPORATION, CITY hereunder or by law or in equity, such rights, powers, privileges, or remedies to be always specifically preserved hereby. XV. TEXAS LAW TO APPLY 16.1 THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW PRINCIPALS OR RULES, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE FOR VENUE IN NUECES COUNTY,TEXAS. XVI. SEVERABILITY OF PROVISIONS 17.1 If any clause or provision of this AGREEMENT is held invalid, illegal or unenforceable under present or future federal, state or local laws, including but not limited to the CITY's City Charter, CITY's City Code, or ordinances of the City of Corpus Christi,Texas,then and in that event it is the intention of the parties hereto that such invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of this AGREEMENT shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein; it is also the intention of the parties hereto that in lieu of each clause or provision of this AGREEMENT that is invalid, illegal, or unenforceable, there be added as a part of the AGREEMENT a clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable. XVILFORCE MAJEURE caused, prevented, or restricted by conditions beyond the reasonable control of the party that was to perform (a "Force Majeure Event"). A Force Majeure Event shall include, but not be limited to: acts of God; fire, explosion; vandalism; storm or similar occurrences; orders or acts of military authority; litigation; changes in law, rules or regulations outside the control of the affected party; national emergencies or insurrections; riots; acts of terrorism; supplier failures; or shortages.Any party claiming a Force Majeure Event shall notify the other parties to this Agreement in writing within thirty (30) of the start of the Force Majeure Event, otherwise the party waives their right to Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP claim a Force Majeure Event. XVIII. NOTICES 19.1 Notices. All notices demands, requests or other communications required or permitted to be given pursuant to the provisions of this Agreement shall be in writing and shall be considered properly given if mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, or by depositing same with Federal Express or another reputable private courier service for next business day delivery or by delivering same in person to the intended addressee All notices, demands and requests shall be effective upon such personal delivery, or one (1) business day after being deposited with the private courier service, or three (3) business days after deposit in the custody of the U.S. Postal Service. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as herein required shall be deemed to be receipt of the notice, demand or request sent. For purposes of notice, the addressee of the parties shall be as follows: To Lender: City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469-9277 Attention: CITY MANAGER Fax: 361-826-1740 To Borrower: CORPUS CHRISTI HUNTWICK AVENUE LP 5251 Ericson Way Arcata, California 95521 Attention: PRESIDENT Fax: 707-822-9596 Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP Any party shall have the right to change its address for notice hereunder to any other location within the continental United States by the giving of twenty (20) days' notice to the other party in the manner set forth herein. XIX. BINDING ENTIRE AGREEMENT 20.1 This AGREEMENT shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, except as otherwise expressly provided herein. The CITY shall provide a copy of all notices or default tendered to the BORROWER to the investor limited partner using notice information provided in writing to the CITY. 20.2 This AGREEMENT constitutes the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of this AGREEMENT shall be deemed to exist or to bind the parties hereto unless same is in writing, dated subsequent to the date hereof, and duly executed by the parties. [Executed on the following pages] Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP Executed in duplicate originals to be effective as of the date first set forth above. ATTEST: CORPUS CHRISTI B CORPORATION: Name: Rebecca Huerta Name: Diana Summers, City Secretary President ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on this_day of , 2026 by Diana Summers. President of CORPUS CHRISTI B CORPORATION for the CITY OF CORPUS CHRISTI, TEXAS, a home-rule municipal corporation, on behalf of said municipal corporation. [S EAQ Notary Public, State of Texas APPROVED AS TO FORM: THIS ZAAY OF JQI,/l 2026. BY: A nt City Attornef Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP BORROWER: CORPUS CHRISTI HUNTWICK AVENUE LP, a Texas limited partnership By: Houston Esperanza, a Texas nonprofit corporation its General Partner By. Name: Title: V { 4-e;-'roes'f STATE OF le-Ka S § § KNOW ALL BY THESE PRESENTS: COUNTY OF i'L{.yrf § This instrument was acknowledged before me on this /q day of Iv 2026, by 'o m,-,A- . �aCf�� 7- of HOUSTON ESPERANZA, a Texas nonprofit corporation, on behalf of CORPUS CHRISTI HUNTWICK AVENUE LP VILADA VIRAVANH -,Notary Public,State of Texas ' T Comm.Expires 08-16.2028 Notary ID 11986531 Notary Public,State of Ka S. Loan Agreement between CORPUS CHRISTI B CORPORATION and CORPUS CHRISTI HUNTWICK AVENUE LP Page 18 i Exhibit A— Scope of Work Palo Verde Senior Apartments 5501 Huntwick Avenue, Corpus Christi, Texas 80-Unit Multifamily Rental Development New Construction Developer: Danco Communities Owner: Corpus Christi Huntwick Avenue LP Type of Development Palo Verde Senior Apartments is an 80-unit senior development located in an excellent area for affordable housing. Seventy-five of the units will be reserved for households at or below 60 percent of the Area Median Income. The community is accessible to nearby amenities such public transportation and a grocery store with a pharmacy within less than half a mile. Funding Sources: Boston Financial (LIHTC) $14,609,360 Permanent Lien; Citi Bank; 40-year Amortization $ 6,300,090 City of Corpus Christi HOME Loan $ 1,000,000 City of Corpus Christi 46 Loan $ 1,000,000 Deferred Developer Fee $ 1,032,514 Total $23,941,964 Funding Uses: Land $ 2,500,000 Construction Costs $ 15,295,287 Soft Costs $ 1,930,318 Financing $ 1,609,674 Developer Fees $ 2,409,353 Reserves $ 197,332 Total $23,941,964 l Exhibit A— Scope of Work Unit Configuration 41 - One bedroom —600 sq ft 39 -Two bedroom — 850 sq ft Unit Type Baths Affordable Units Total Units 1 br 1 38 41 2br 1 37 39 Tofa-1 -1 75 80 Affordable Units Income Mix Unit Type 30%AMI Units 50%AN Units 60%AM[ Units Total Affordable Units 1br 4 7 27 38 2br 4 8 25 37 Total 8 15 52 75 Select Energy and Other Development Highlights Palo Verde Senior Apartments will be a newly constructed 80-unit apartment complex for senior citizens. The project will adhere to the most recently adopted building and energy codes and will include modern amenities. Property will extend the sidewalk on Huntwick Avenue to the west to provide continuous pedestrian access to the property at 5313 Saratoga Boulevard. Palo Verde Senior Apartments Approval of Type B Affordable Housing Funding CITY OF City Council �;• " � CORPUS j CHRISTI January 27, 2026 Palo Verde Senior Apartments • Danco Communities LLC. • 5501 Huntwick Ave — D5 • 3 acres (CG-2) • ADP states Mixed Use �' •}'"�"� "` R ' '''f !�" p°� • 80 Units 75 LI 5 Market -- • $23,941,964 � development cost - • Costs have increased and LIHTC equity pricing has decreased causing a gap ,,, `' •; • $1m HOME awarded in ��,� August 2025 4 ; • Requesting $1m from � li r Type B Southside Future Land Use Mixed-Use Agriculture/Rural Enterprise Commercial - e Government u -Institutional ° -Heavy Industrial ° r Light Industrial ° Low-Density Residential Medium-Density Residential ° -High-Density Residential r •o Transportation Permanent Open Space , Flood Plain Conservation Water MIXED-USE AREAS Mixed-use centers include residential,retail, - hotel,and office uses.Mixed-use centers are pedestrian-friendly with buildings oriented towards the street.Residential uses are + generally of a higher density,including apartments,condominiums,townhomes, cottage housing,and small-lot single-family �. residential.The mixture can be vertical,with different uses on different floors of a building, and horizontal,with different uses side side.Churches,schools and public uses are included in mixed-use areas. Palo Verde Senior Apartments Unit Configuration 41 -One bedroom—600 sq ft 39-Two bedroom—850 sq ft Unit Type Baths Affordable Units Total Units 1br 1 38 41 2br 1 37 39 Total 75 80 Affordable Units Income Mix Unit Type 30%AMI Units 50%AMI Units 60%AMI Units Total Affordable Units 1 br 4 7 27 38 2br 4 8 25 37 Total 8 15 52 75 4 Palo Verde Senior Apartments Income Limits Income 1-Person 2-Person 30%AMI $ 17,370 $ 19,860 50%AM I $ 28,950 $ 33,100 60%AMI $ 34,740 $ 39,720 Rent Limits Rent 1-BR 2-BR 30%AM $ 465 $ 558 50%AM $ 775 $ 931 60%AM I $ 930 $ 1,117 iI r. I, r` �f f R 0� a x FORGE x CRAFT �~ HUNTWICKAVE ..-�.m. I i PARKING:70 PARKING:70 SPACES SPACES CROP-OFF I JJJ�LIL�J�L_L_LJ�L ZONE 0) — E \ R Q w x 5501 HUNTWICK AVE — O 3-STORY 80 UNITS 1 BEDROOM,2 BEDROOM y = 0 I a HALL --- �� -�- PARK o BOCCE r �� FI�EPET d FIRE WALK PATH AND PARK FIRE LANE LANE AL I I 8 SITE PLAN g s. 8 a�revuw g a� A.00 7 Palo Verde Sources and Uses Development Costs March 2025 October 2025 December 2025 Change From March 0/0 Land $2,500,000 $2,500,000 $2,500,000 0 0% Hard Costs $12,833,259 $15,709,834 $15,295,287 $2,462,028 19% Soft $2,209,070 $2,208,453 $1,930,318 278 752 -13% Financing 1 530 992 $1,609,674 $1,609,674 $78,682 5% Developer Fees $2,409,353 $2,409,353 $2,409,353 0 0% Reserves $190,146 $197,332 $197,332 $7,186 4% Total $21,672,820 $24,634,646 $23,941,964 $2,269,144 100/0 Sources March 2025 October 2025 December 2025 Change from March 0/0 Citi Bank $4,100,000 $6,300,090 $6,300,090 $2,200,090 54% City of Corpus Christi 500 0 0 500 -100% HOME Loan $1,000,000 $1,000,000 $1,000,000 0 0% Type B Affordable Housing - $1,000,000 $1,000,000 1 000 000 100% Boston Financial LIHTC 15 972 905 $15,193,740 $14,609,360 1 363 545 -9% Deferred Developer Fees $599,415 $1,140,816 $1,032,514 $433,099 72% Total $21,672,820 $24,634,646 $23,941,964 $2,269,144 100/0 8 Construction Costs: From Estimates to Real Pricing Initial Budget: Based on historical data from late 2024 and early 2025 market conditions Post-Award Reality: After engaging contractor and advancing design, receiving real subcontractor bids and current market pricing Market Timing: Construction costs continue rising due to tariffs, labor markets, and material volatility Design Efficiency: Working closely with design team and contractor—this is the most cost-effective design achievable Current Numbers: Real pricing reflects today's construction market, not historical estimates Tax Credit Equity Pricing Impact Total Tax Credit Award from TDHCA $19,481,100 Percentage of Ownership 99.99% Original Budgeted Pricing For Credits 0.82 Total Federal Equity $15,972,905 0.79 $15,388,530 0.78 $15,193,738 0.77 $14,998,947 0.76 $14,804,155 0.75 $14,609,364 0.74 $14,414,572 0.73 $14,219,781 Current market pricing(0.75)vs.original budget(0.82) reduces equity proceeds by$1,363,541 1.9 Actions Taken to Bridge the Gap Developer Fee Contribution: Deferring additional developer fees Value Engineering: Comprehensive cost review with design team and contractor to maximize efficiency Unit Mix Optimization: Added market-rate units (approved by TDHCA) to increase available debt capacity Parking Variance: Requested reduced parking requirements to lower site development costs Common Area Efficiency: Streamlined common areas to focus resources on resident units Remaining Gap: Despite these substantial efforts, project requires $1,000,000 to achieve financial close f CITY OF fi CORPUS CHRISTI \ - - AGENDA MEMORANDUM First Reading for the City Council Meeting of January 13, 2026 Second Reading for the City Council Meeting of January 27, 2026 DATE: January 13, 2026 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Interim Assistant City Manager Amendment to Increase the Tax Increment Reinvestment Zone No. 2 FY 2026 Operating Budget for Briscoe King Pavilion Project by $2,100,166 CAPTION: Ordinance approving an amendment to the Tax Increment Reinvestment Zone No. 2 ("TIRZ #2") Operating Budget by authorizing the transfer of $2,100,166. from CIP reserve to the TIRZ #2 Operating Fund for the Briscoe King Pavilion Project; increasing funds in the amount of $2,100,166.00, for needed improvements and renovation to the Briscoe King Pavilion Project; appropriating $2,100,166 from the unreserved fund balance of the Reinvestment Zone No. 2 Fund; and amending the FY 2026 operating budget adopted by Ordinance No. 033730 by increasing expenditures by $2,100,166. for payment to Nueces County for the Briscoe King Pavilion Project. SUMMARY: This ordinance will increase the TIRZ#2 FY 2026 operating budget by $2,100,166 for the Briscoe King Pavilion project. BACKGROUND AND FINDINGS: The Briscoe King Pavilion is in need of significant renovation to the existing facility, as well as funding support for the development of a new facility. The proposed improvements enhance safety, functionality, and event capacity through upgrades to the existing 4,920 sq. ft. pavilion and the addition of a new 6,730 sq. ft. conditioned event center. Project Scope Includes: Existing Pavilion Upgrades • Interior and exterior renovations • New ADA-compliant walkways • Replacement of doors and hardware • Conversion of an existing pod into storage and office space • Additional accessibility and customer-use enhancements. New Event Facility • Conditioned event space for up to 298 occupants • Small catering kitchen • Fire sprinkler system • Centralized office and storage • IT and utility improvements • ADA-compliant parking and landscaping • Ramp for elevated utilities The Briscoe King Pavilion Project has received phased funding allocations from TIRZ#2 over several years. The following timeline outlines key board actions: • July 19, 2022: TIRZ#2 Board approved an amendment to the Project & Financing Plan to include Briscoe King Pavilion improvements in the amount of$2 million • July 18, 2023: TIRZ#2 Board approved an additional $2 million as part of the FY 2024 budget • October 15, 2024: TIRZ#2 Board approved an additional $1.9 million, bringing the total allocation to $5.9 million • February 2, 2025: TIRZ#2 Board authorized the development agreement between TIRZ #2 and Nueces County • March 7, 2025: Nueces County received the full $5.9 million allocation • December 9, 2025: TIRZ#2 Board approved an additional $2.1 million, bringing the total allocation to $8 million Nueces County is requesting an additional $2,100,166 due to an updated Opinion of Probable Construction Costs (OPCC) to complete the project. The previous cost estimate presented on October 14, 2024, was based on 2022 figures; the County has since provided an updated 2025 OPCC reflecting current conditions. These costs are based on 90% completed architectural and engineering plans. Nueces County is proposing to go out to bid for construction once the TIRZ board approves additional funding and the City of Corpus Christi reviews and approves the construction plans. The new construction per square footage costs are $617 which are comparable to recent city building projects (Fire Station 8, Police Training, and Police Substation) that had a range of $620 to$822 per square foot. The Architect (EDR Architect) and cost estimator (Swinney, LLC) have both worked on city projects in the past. The additional $2.1 million is attributed to: • Updated and detailed engineering and construction documentation • Inflationary increases between 2022-2025 • Adoption of the 2021 International Building Code, requiring structural, life-safety, and energy-efficiency improvements • Phase II site work being incorporated into Phase I • A specialized septic system design due to an infeasible force main extension • Complex foundation requirements, including 47 deep piers up to 35 feet in depth • Construction timeline extensions and material cost volatility This additional funding scope does not include a full reconstruction of the parking lot; only minimal ADA-related improvements are included. Under the existing development agreement, the City retains the right to use the Pavilion rent- free, subject to scheduling availability, and may reserve the facility with reasonable advance notice to Nueces County. Funding for the project is available from unspent funds that were dedicated to the Packery Channel TDEM Restoration project. The Island Strategic Action Committee considered the item at their December 2, 2025 meeting. ALTERNATIVES: City Council may choose not to approve the additional funding request or to revise the request for the Briscoe King Pavilion project. FISCAL IMPACT: The fiscal impact is an amount of$2,100,166 from the Packery Channel Projects TIF#2 reserves, which will be transferred to the TIRZ 2 Fund in FY 2026. Payment will then be made to Nueces County in full from the TIRZ 2 Fund in FY 2026. Funding Detail: Fund: 1111 TIF#2 Organization/Activity: 11305 Administration Department: 57 Economic Development Project# (CIP Only): Account: 530000 Professional Services Amount: $2,100,166 Fund: 3278 Packery Channel Projects TIF#2 Organization/Activity: 89 Department: 57 Economic Development Project# (CIP Only): 5000303278-Reserve Approp 550970 Account: 550970 Amount $2,100,166 RECOMMENDATION: Staff and the Tax Increment Reinvestment Zone (TIRZ) #2 Board recommends approving the budget increase. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation ORDINANCE APPROVING AN AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE NO. 2 ("TIRZ #2") OPERATING BUDGET BY AUTHORIZING THE TRANSFER OF $2,100,166.00 FROM CIP RESERVE TO THE TIRZ #2 OPERATING FUND FOR THE BRISCOE KING PAVILION PROJECT; INCREASING FUNDS IN THE AMOUNT OF $2,100,166.00 FOR NEEDED IMPROVEMENTS AND RENOVATION TO THE BRISCOE KING PAVILION PROJECT; APPROPRIATING $2,100,166.00 FROM THE UNRESERVED FUND BALANCE OF THE REINVESTMENT ZONE NO. 2 FUND; AND AMENDING THE FY 2026 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 033730 BY INCREASING EXPENDITURES BY $2,100,166.00, FOR PAYMENT TO NUECES COUNTY FOR THE BRISCOE KING PAVILION PROJECT. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on September 5, 2023, by Ordinance 033160, which included the Briscoe King Pavilion Project; and WHEREAS, on December 9, 2025, the TIRZ#2 Board of Directors approved an additional $2,100,166.00, for needed improvements, renovation to the Briscoe King Pavilion Project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the transfer of $2,100,166.00, from the CIP Reserve to the TIRZ #2 Operating Fund for the Briscoe King Pavilion Project. SECTION 2. That $2,100,166.00, is appropriated from the unreserved fund balance of the Reinvestment Zone No. 2 Fund for use on the improvements and renovation necessary for the Briscoe King Pavilion Project, and the Briscoe King Pavilion Project has been approved in the 2023 Amended Project and Financing Plan for TIRZ #2. SECTION 3. The FY 2025-2026 Operating Budget adopted by Ordinance No. 033730 is amended by increasing expenditures by $2,100,166.00. SECTION 4. That payment in the amount of $2,100,166.00, is authorized from TIRZ #2 to be sent to Nueces County for the Briscoe King Pavilion Project, in accordance with Amendment No. 1 to the Briscoe King Project Development Agreement with Nueces County. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2026. PASSED AND APPROVED on second reading, this the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 Go�Qus Cy,�s * `- Briscoe King Pavilion Project Proposed ?= -- - - Amendment Project Summary • Nueces County requests to approve an amendment for the Briscoe King Pavilion Project • Request is for an additional $2,100,166 from the TIRZ #2 Fund • If approved, a revised total project cost of$8,011,524 • Funding supports completion of both renovation and new facility construction I 2 City of Corpus Christi . /' Site Plan e • The Cyan (blue) highlight indicates the Phase 1 site • The green highlight represents the existing facility • The yellow highlight denotes the new facility • The unhighlighted area is the remainder of the site for Phase II ® of S a�� Project Summary: • Pavilion serves as a key community event space for North Padre Island • Current condition limits usability, capacity, and compliance with modern codes • Improvements align with long-term tourism, recreation, and community goals s N�oMPErE__ PERMR,OR OOONMR-ON RW • Project supports higher-quality public amenities Er"IR— and economic development on the island E°R^�—°L Pharre:36f a3]AG9O Cn rchl9ede.mm Brlscae King Project#.22003 3 City of Corpus Christi � PavilioREDR P bate:12-0¢2025 architects ff _ Y - ALTERNATE 01-SCHEMATIC RENDERINGENE d t � i T 7D ® d ! _ OR MIN Sheet No. i SCHEMATIC RENDERING 03 P2 Existing Facility Site plan Run 091-JL ,; _ MAIR 01211 i.■., NJ O j li 1 11 mil III 1 Il�il 11 a City of Corpus Christi Existing Pavilion Upgrades • Full renovation of interior finishes (ceilings,flooring, walls) • Exterior fagade repairs, painting, and weatherproofing • New ADA-compliant walkways connecting facility to surrounding areas • Replacement of doors, locks, access hardware for security and accessibility • Conversion of existing pod into functional storage and office space New Event Facility • 6,730 sq. ft. conditioned event space supporting up to 298 occupants • Designed for weddings, conferences, community events, and large gatherings • Includes dedicated catering support kitchen • Full fire suppression system for life safety compliance • Centralized administrative office and storage functions .� • Enhanced IT infrastructure for audio/visual I 6 City of Corpus Christi , Funding Timeline • July 19, 2022 - TIRZ Board amends Project Plan to add pavilion improvements ($2M) • July 18, 2023 - TIRZ Board approves additional $2M during FY 2024 budget process • October 15, 2024 -TIRZ Board approves additional $1.9M, project budget totals $5.9M • February 2, 2025 -TIRZ Board authorizes development agreement with Nueces County • March 7, 2025 - Nueces County receives full $5.9M allocation to begin architectural work • December 9, 2025: TIRZ #2 Board approved an additional $2.1M, bringing the total allocation to $8M I 7 City of Corpus Christi . T. T Reason for Additional $ 2 . 1M • Updated Opinion of Probable Construction Costs (OPCC) based on 90% design completion • Inflation and material cost increases between 2022-2025 • 2021 IBC code adoption requiring: - Structural enhancements - Life-safety upgrades - Energy-efficiency improvements • Phase II work (site, utilities) now required earlier to support foundation and building • Need for specialized septic system due to infeasible extension of force main • Complex foundation design includes 47 piers drilled up to 35 ft deep • Extended construction timeline increasing labor and mobilization costs 8 City of Corpus Christi , Cost Comparison & Professional Team • Updated cost: $617 per sq. ft. (aligned with recent city-built facilities) • Recent comparable City projects: $620-$822 per sq. ft. • Architects: EDR Architects (prior City project experience) • Cost Estimator: Swinney, LLC (prior experience in City facility cost modeling) • Pricing reflects current market conditions and Gulf Coast construction challenges 9 City of Corpus Christi Additional Notes • Parking lot improvements limited to ADA upgrades, full reconstruction excluded • City retains the right to use the facility rent-free per the development agreement • Funding available from project savings in CIP Reserves • Island Strategic Action Committee reviewed and discussed the item on Dec. 2, 2025 • Construction anticipated to begin following approval, plan review, and bid award I 10 City of Corpus Christi . GO�Qus Cy'Pi s� 4 0 - -� �N�bNPORPh� 7852 Questions? CITY OF CORPUS CHRISTI,TX Export Excel Print toPDF CAPITAL FUND BY PROJECT As Of September 30,2026 3278 -PackChProjTIF2 1/8/2026 7:05 Project Description Budget Expenditures Expenditures Commitments Encumbrances Unencumbered LTD LTD YTD Balance TOTAL 47,588,103.51 24,581,675.92 82,950.61 0 1,360,078.13 21,646,349.46 140282013278EXP Pkry Chan So PkgLotRestrm 2008 5,613.50 5,613.50 0.00 0 0.00 0.00 140580013278EXP Packery Channel Boat Park Lot 697.50 697.50 0.00 0 0.00 0.00 170062013278EXP Park Road 22 Bridge 7,386,539.42 7,325,335.50 0.00 0 28,454.28 32,749.64 1814OA3278EXP Packery Channel Monitoring FY18-19 556,681.52 556,681.52 0.00 0 0.00 0.00 18144A3278EXP Construct Pavilion Packery Channel 265,432.79 265,432.79 0.00 0 0.00 0.00 1815OA3278EXP Traffic Improvement Project 20,331.00 20,331.00 0.00 0 0.00 0.00 19033A3278EXP Packery Channel Monitoring Program 735.97 735.97 0.00 0 0.00 0.00 19046A3278EXP Packery Channel Dredging 4,168.84 4,168.84 0.00 0 0.00 0.00 20106A3278EXP Pky Chn Maint.Dredging&Beach Nou 4,204,860.60 4,181,383.05 136.96 0 17,757.94 5,719.61 212003278EXP Packery Chanl TDEM Restoration 2,685,681.40 2,338,280.67 59.72 0 373.98 347,026.75 23173 Commodore Park 400,000.00 0.00 0.00 0 400,000.00 0.00 23190 Island Mobility Plan 175,906.42 173,963.85 0.00 0 0.00 1,942.57 24032 Whitecap and Gypsy Bridges Scour Pr 63,017.19 38,017.19 0.00 0 0.00 25,000.00 24129 Packery Channel Capital Repairs 3,254,756.00 0.00 0.00 0 0.00 3,254,756.00 24130 Sand Dollar(Verdemar Dr and Highwa 4,495,606.00 348,404.38 62,909.37 0 110,033.42 4,037,168.20 24132 Whitecap Effluent Waterline Rehab& 1,500,000.00 289,292.89 0.00 0 0.00 1,210,707.11 24133 North Padre Island Seawall Improvem 5,887,500.00 923,646.05 573.43 0 611,348.38 4,352,505.57 24134 Crowsnest(Beach Access 4 to Whitec 1,052,176.00 353,518.95 19,271.13 0 192,110.13 506,546.92 25101 North Padre Island Force Main Bypas 970,624.05 0.00 0.00 0 0.00 970,624.05 3399013278EXP Packery Channel RR Facility Ph 412,300.82 412,300.82 0.00 0 0.00 0.00 3402013278EXP Packery Channel Pavillion Ph 5 1,829.05 1,829.05 0.00 0 0.00 0.00 5000303278 500030 3278 RESERVE APPROP 6,901,603.04 0.00 0.00 0 0.00 6,901,603.04 E03400013278EXP Packery Channel Imps Parking&Over 2,872,224.19 2,872,224.19 0.00 0 0.00 0.00 E03401013278EXP Packery Channel Imps Ramps to Jetti 21,685.12 21,685.12 0.00 0 0.00 0.00 E03435013278EXP Packery Channel Shoreline Protectio 71.40 71.40 0.00 0 0.00 0.00 E05122013278EXP PackeryChannel Restoration 1,708.49 1,708.49 0.00 0 0.00 0.00 1 of 2 CITY OF CORPUS CHRISTI,TX Export Excel Print toPDF CAPITAL FUND BY PROJECT As Of September 30,2026 3278 -PackChProjTIF2 1/8/2026 7:05 Project Description Budget Expenditures Expenditures Commitments Encumbrances Unencumbered LTD LTD YTD Balance E05228013278EXP Packery Channel Monitoring for 2008 630,230.30 630,230.30 0.00 0 0.00 0.00 E05238013278EXP Packery Channel Imps S.Parking Lot 1,419.88 1,419.88 0.00 0 0.00 0.00 El 01 17013278EXP PackNavAids-Channel Markers 45,000.00 45,000.00 0.00 0 0.00 0.00 El 01 18013278EXP PackNavAids-Channel Markers 26,666.00 26,666.00 0.00 0 0.00 0.00 E10125013278EXP Padre Island Seawall ADA Compliance 2,925.88 2,925.88 0.00 0 0.00 0.00 E10143013278EXP Packery Channel Ph1 Lighting 2,356.49 2,356.49 0.00 0 0.00 0.00 E10168013278EXP Beach Nourishment of Packery Channe 1,820,842.84 1,820,842.84 0.00 0 0.00 0.00 E10193013278EXP North PI Seawall Sand Grading 42,190.39 42,190.39 0.00 0 0.00 0.00 E10194013278EXP Pky Chn Maint.Dredging&Beach Nou 247,441.82 247,441.82 0.00 0 0.00 0.00 El1094013278EXP Packery Channel Monitoring 2011-201 11,020.52 11,020.52 0.00 0 0.00 0.00 E12082013278EXP Packery Channel Monitoring FY12-13 314,626.53 314,626.53 0.00 0 0.00 0.00 E12186013278EXP Packery Channel Misc Imps 45,910.52 45,910.52 0.00 0 0.00 0.00 E13083013278EXP Packery Channel Monitoring FY13-14 235,452.12 235,452.12 0.00 0 0.00 0.00 E14051013278EXP Packery Channel TIF#2 296,881.93 296,881.93 0.00 0 0.00 0.00 E15187013278EXP Packery Channel Monitoring FY 15-16 387,591.19 387,591.19 0.00 0 0.00 0.00 E16336013278EXP Packery Channel Monitoring FY16-17 279,432.06 279,432.06 0.00 0 0.00 0.00 H17007013278EXP Harvey Emergency Packery Channel St 56,364.73 56,364.73 0.00 0 0.00 0.00 2of2 CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Nicholas J. Winkelmann, P.E. Interim Chief Operating Officer NickW(o-)corpuschristitx.gov (361) 826-1796 Sergio Villasana, Director, Finance & Procurement SergioV2(a)corpuschristitx.gov (361) 826-3227 Supply Agreement for the Purchase of Liquid Chlorine in 90-ton Rail Car CAPTION: Motion authorizing execution of a one-year supply agreement, with one one-year option, with Brenntag Southwest, Inc., of Lancaster, Texas, in the amount of $1,887,360.00 with a potential up to $3,774,720.00 if the option is exercised, to purchase liquid chlorine delivered by rail car for the treatment of processed water at the O.N. Stevens Water Treatment Plant for Corpus Christi Water, with FY 2026 funding of $1,415,520.00 from the Water Fund 4010. SUMMARY: This is a supply agreement for liquid chlorine for the O.N. Stevens Water Treatment Plant. Chlorine is used to disinfect water and make it safe for public consumption. BACKGROUND AND FINDINGS: Chlorine is the disinfectant used during the water treatment process. Disinfection is required by state and federal regulatory agencies and is done at the beginning of the treatment process to reduce organic nutrients in the raw water. Chlorine is also added to provide a final disinfection polishing before distribution to the City's water system. Chlorine is delivered to the O.N. Stevens Water Plant in 90-ton rail cars. Average chlorine usage results in approximately forty-five (45) days per rail car. The O. N. Stevens Water Treatment Plant is currently in construction to replace the existing chlorine system with an on-site sodium hypochlorite generation system. PROCUREMENT DETAIL: Finance & Procurement conducted the Request for Bids process to obtain competitive bids. The City received two responsive, responsible bids. Staff recommends awarding the contract to the lowest responsible bidder, Brenntag Southwest, Inc. The chlorine cost in the submitted bid package is $1 ,294.00 per ton for 1 ,440 tons per year. The cost for detention was provided for 240 days at $100.00 per day. Both quantities for the number of tons for Liquid Chlorine in Rail Car and the number of Detention Days stayed the same. The chlorine cost in this bid is $356.00 less per ton as compared to the existing contract, which had an established cost of$1 ,650.00 per ton. 2024 price per ton 2025 price per ton Variance $1 ,650.00 $1 ,294.00 $356.00 less per ton 2024 Detention Charge after 2025 Detention Charge after Variance 30 Free Days 30 Free Days $100/Da $1 OO/Day No change in price ALTERNATIVES: There is no feasible alternative to meet production demand. Not using chlorine will result in a failure to protect the public from harmful conditions in the water and will result in regulatory noncompliance violations with the Environmental Protection Agency and the Texas Commission on Environmental Quality. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2026 is $1,415,520.00 in the Water Fund 4010. Funding Detail: Fund: 4010 Water Fund Organization/Activity: 31010 Stevens Filter Plant Department: 45 Water Project # (CIP Only): N/A N/A Account: 520010 Purification Chemicals Amount: $1 ,415,520.00 RECOMMENDATION: Staff recommend approval of this agreement authorizing the execution of a one-year supply agreement with an additional one-year option with Brenntag Southwest, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement SUPPLY AGREEMENT NO. 6833 Liquid Chlorine in 90-ton Rail Car THIS Liquid Chlorine in 90-ton Rail Car Supply Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Brenntag Southwest, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Liquid Chlorine in 90-ton Rail Car in response to Request for Bid No. 6833 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Liquid Chlorine in 90-ton Rail Car in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to one 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 at the appropriate pro rata amount, based on the amount listed in Attachment B, for the month-to-month term. 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' advance written notice to the other Party. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form Sept. 2025 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,887,360.00, subject to approved amendments and changes. Payment will be made for Goods delivered and accepted by the City within 30 days of the invoice date, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Quote/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. 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, TX 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 361-826-1827 DianagCcorpuschristitx.gov 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized employee of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until the Contractor receives the signed purchase release Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form Sept. 2025 order, following which the products must be delivered and are subject to acceptance by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Quote/Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as the determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form Sept. 2025 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing and executed by an authorized representative of each party. 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. Reserved. 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 2726 Holly Road, Corpus Christi, TX 78415 Phone: 361-826-1827 Fax: 361-826-7215 IF TO CONTRACTOR: Brenntag Southwest, Inc. Attn: W. Thomas Crain, Jr. 704 E. Wintergreen Road, Lancaster, TX 75134 Phone: 972-218-3500 Fax: 972-218-3501 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 THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form Sept. 2025 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. 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 goods purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such goods and prior to receipt of the final payment by the City. 20. Limitation of Liability. Each party's maximum liability under this Agreement is limited to the total amount of compensation shown in Section 3 of this Agreement. In no event shall either party 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form Sept. 2025 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 law. 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 forum and venue for such disputes is the appropriate district or county court in Nueces County, Texas. In accordance with Chapter 2271, Texas Government Code, if this contract has a value of $100,000 or more paid wholly or partly from public funds and the Contractor has 10 or more full-time employees, Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2274, Texas Government Code, Contractor verifies that the Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement against a firearm entity or fire trade association. In accordance with Chapter 2276, Texas Government Code, Contractor verifies that the Contractor does not boycott energy companies and will not boycott energy companies during the term of this Agreement. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form Sept. 2025 Brenntag Southwest, Inc. T_U-� C.f'Aii i Signature: TomCYain(NOV26,202509:49:18CST) Printed Name. Tom Crain Title. President Date. 11/26/2025 CITY OF CORPUS CHRISTI Rachel Erben Date Assistant Director - Contracts & Procurement Reviewed by. NoYa l/aYga t 11/25/2025 hi-\/_,rg_,c(Nl G 1 A-A n-dq r zT) Purchasing Manager Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Quote/Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 6833 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form Sept. 2025 M \1 - Attachment A: Scope of Work 1 .1 General Requirements/Background Information A. The Contractor shall supply liquid chlorine in 90-ton rail cars on an as- needed basis. Liquid chlorine is defined as a the commercially available form of liquified elemental chlorine gas for tank cars. B. The liquid chlorine will be used in the treatment of potable (drinking) water. C. The liquid must conform to: 1 . American National Standards Institute (ANSI)/American Water Works Association Standards for Liquid Chlorine (AWWA) B301-24 or latest revision 2. American National Standards Institute/National Sanitation Foundation Institute Standards for Drinking Water Treatment Chemical - Health Effects, ANSI/NSF 60 or latest revision 3. Conformance to ANSI/NSF 60 or the latest revision shall be obtained by certification of this product by an agency recognized by the Texas Commission on Environmental Quality 1 .2 Liquid Chlorine Manufacturer A. The Contractor shall supply liquid chlorine from the manufacturer mentioned in the Bid Form. If the Contractor decides to change the manufacturer during the term of the contract, the Contractor must submit a liquid chlorine report to the City's Contract Administrator for approval, as per the specification. B. The Contractor shall give a minimum of 30 days to the City to approve the new liquid chlorine manufacturer. The Contractor shall continue with the current manufacturer until the new manufacturer gets approved. C. The City has the right to return the railcar if the Contractor sends the liquid chlorine from an unapproved manufacturer that does not match what was listed on the bid form, or if the City determines the condition of the rail car could create potentially hazardous conditions. The Contractor shall replace the rail car within the timeline established by the City's Contract Administrator. Page 1 of 4 1 .3 Delivery A. The City will place orders for liquid chlorine in 90-ton rail cars at approximately 30-day intervals throughout the contract period. However, in the event of unforeseen circumstances, the City may order additional rail cars or refrain from placing an order in a month. B. The Contractor shall deliver the liquid chlorine with a lead time of less than or equal to 21 days. In unusual circumstances, the CCW will accept a lead time of 30 days. C. Delivery is to be made in a rail car to O.N. Stevens Water Treatment Plant (ONSWTP) Railroad Spur, 13101 Leopard Street, Corpus Christi, TX 78410. Delivery hours are to be determined by the Contractor and the rail company. D. A Safety Data Sheet (SDS) must be provided to the City prior to shipping the liquid chlorine, and along with the product. E. The Contactor shall provide an affidavit of compliance, by manufacturer, stating that at the time of loading, the liquid chlorine furnished under the release order complies with all applicable requirements of ANSI/AWWA B301-24 and ANSI/NSF 60 shall be provided to the City's Plant Manager, 13101 Leopard Street, Corpus Christi, TX 78410. 1 .4 Ownership Upon arrival and acceptance of the liquid chlorine rail cars at the unloading rack at the ONSWTP, the City's ownership begins, and the Contractor's ownership ceases. 1 .5 Testing The City of Corpus Christi reserves the right to have the product supplied tested at any time during the contract period. An independent laboratory would do such testing. Failure to meet the specification will result in the testing rate costs being paid by the Contractor. 1 .6 Container A. The Contractor's shipping containers for liquid chlorine must conform to the standards of rail cars originating in the United States, regardless of the origin of the rail car. 1 . This includes Code of Federal Regulations, Title 49, Subtitle B, Chapter 1, Pipeline Hazardous Materials Safety Administration, Department of Transportation, Subchapter C-Hazardous Materials Regulations, Part Page 2 of 4 180. Continuing Qualification and Maintenance of Packaging Subpart F. Qualification and Maintenance of Tank Cars, Section 180.509. Requirements for inspection and test of specification tank cars. 2. This requirement must be understood and will be upheld by the City. B. Rail cars with secondary patches on the rail car's saddle within a reasonable amount and size will be allowed. If there are substantial patches, a report must be sent to ONSWTP from the rail car owner stating that the car has been inspected and complies with the standards applicable to rail cars originating in the United States, regardless of origin. C. Rail cars that do not meet satisfactory condition will be rejected and sent back to the Contractor at the Contractor's expense. The Contractor shall replace the acceptable rail car within the timeline established by the City's Contract Administrator. The City's Contract Administrator will establish the timeline based on the available inventory of liquid chlorine. The Contractor shall adhere to the timeline provided by the City's Contract Administrator during the term of the contract. D. The Contractor shall send containers that are reconditioned and maintained in accordance with the latest edition of "Container Procedure at Chlorine Packaging Plants" issued by the Chlorine Institute Inc. The Contractor shall carefully examine the container for leakage, damage, and corrosion before delivery. E. The Contractor shall provide NSF stamps with the company's name and NSF identifier on all documentation that is sent to ONSWTP. F. All chlorine containers must have legible tags securely attached, which, in addition to the information routinely furnished, shall indicate the following container history: 1 . Date of last visual inspection in accordance with Compressed Gas Association, Inc. standards 2. Date the valves were overhauled 3. Date the fuse plugs were tested and/or renewed 4. Date the container was last cleaned 1 .7 Inspection The City of Corpus Christi reserves the right to make unannounced inspection of the Contractor's plant and facilities at any time, in order to ensure proper cleaning of chlorine containers and proper preventative maintenance and testing of chlorine containers and regulators. Page 3 of 4 1 .8 Safety Measures A. The Contractor will be responsible for emergency service and/or normal maintenance. B. The Contractor shall assure that in case of an emergency condition, trained emergency crews and equipment must be made available on a 24-hour basis. C. The Contractor shall assure that in case of non-emergency condition, remedial maintenance shall be performed on existing problem within 24 hours of a receipt of maintenance problem call. Page 4 of 4 Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI • CONTRACTS AND PROCUREMENT BID FORM RFB No. 6833 Liquid Chlorine in 90-ton Rail Car PAGE 1 OF 1 Date: November 19, 2025 Authorized Bidder: Brenntag Southwest, Inc. Signature: Vl% % � ^-- J 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price Liquid Chlorine in 90-ton Rail Car Manufacturer: 1 Occidental Chemical Tons 1 ,440 $1,294.00/Ton $1,863,360.00 Number of free days for rail car detention: 30 Rail Car Detention Charge (after 2 free days) Days 240 $100.00/Day $24,000.00 Total 1$1,887,360.00 Attachment C: Insurance and 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. Bond Requirements: No bond is required for this agreement. 2024 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2024 Risk Management - Legal Dept. Page 3 of 3 Attachment D - Warranty Requirements No manufacturer's warranty is required for this Agreement. Page 1 of 1 City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 6833 Opened: 1 1 /20/2025 Liquid Chlorine in 90-ton Rail Car Brenntag Southwest, Inc. PVS DX, Inc. Lancaster, TX Corpus Christi, TX Item Description Unit Qty Unit Price Total Price Liquid Chlorine in 90-ton Rail 1 Car Ton 1 ,440 $1,294.00 $1,863,360.00 $1,499.00 $2,158,560.00 Rail car detention Charge 2 (after free days) Days 240 $100.00 $24,000.00 $50.00 $12,000.00 Total $1,887,360.00 $2,170,560.00 Agenda Memo Questionnaire 225-802-1389 POC Gayle Tullier Gayle.Tullier@brenntag.com Legistar# 25-1904 Expiration: February 2026 Item Description ILiquid Chlorine Rail Car What are the specifics of the Memo? This proposed contract with Brenntag Southwest, Inc. is a one-year agreement with one one-year option to extend. The current contractwith DPC was extended to 03-15-24, but the contract will be exhausted in February. Current Vendor Proposed Vendor Name of Vendor Brenntag Southwest, Inc. Brenntag Southwest, Inc. Term of Contract One-year with one one-year extension One-year with one one-year extension Total Contract Value $1,650.00/ton $1,294.00/ton; $1,887,360.00/annual Vendor Location Corpus Christi,TX Corpus Christi,TX Delivery/Pickup 90 Ton Railcars at approximately 30 day 90 Ton Railcars at approximately 30 day Method intervals intervals Using Division Stevens Filter Plant Stevens Filter Plant Solicitation Method Request for Bids (RFB) Request for Bids (RFB) #of Bids Received 2 bid received 2 bids received Departments worked with C&P and Legal C&P and Legal Cost Changes Cost Change, if any Yes Increase/Decrease Decrease in the amount of$356.00/Ton Cost Change Due To Current market Change in Scope No change in Scope Quantity is the same amount, 1,440 tons per year and Railcar detention charge after 30 Change in Bid Form free days 240 days How was the Fiscal-Year amount mentioned in Caption determined? FY 2026 estimated amount is the annual amount of the contract, $1,887,360.00, divided by twelve, times nine months remaining in FY 2026 which equals 1,415,520.00. What are the advantages/disadvantages of using this proposed vendor? Advantages: City has used proposed vendor for the past two years and other treatment chemicals and has an established account; Previous Issues: Past issues have not been a problem for the current agreement. Will there be any price adjustment, based on any index,during the term of this contract? Explain. No. Other information, if any: All pertinent information is included in the above responses and the agenda memo. Date Revised 11/09/2023 CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Nicholas J. Winkelmann, P.E. Interim Chief Operating Officer NickW(o-)cctexas.com (361) 826-1796 Sergio Villasana, Director, Finance & Procurement SergioV2(o-)cctexas.com (361) 826-3227 Service Agreement for the Backup Power and Energy Management at O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing execution of a 10-year service agreement with an option to purchase and a license agreement for Backup Generator Power and Energy Management Services at the O.N. Stevens Water Treatment Plant with Exergy Energy, LLC (Contractor No. 1), and EE ON Stevens, LLC (Contractor No. 2), both of Berkeley, California, in an amount not to exceed approximately $27,700,000.00, of which no funding in FY 2026 is required, with monthly payments of $230,833.33 to Contractor No.2 once the generators are operational, subject to sufficient future appropriations: providing an option to extend power management services with Contractor No. 1 for an additional 10-year term, with payment of$100.00 per month; authorizing participation in Ancillary Electric Grid Services managed by Contract No. 1 with participation payments to the City in the amount of 85% of the net revenue during the initial 10-year term and 100% during the optional term. SUMMARY: This motion authorizes a ten-year service agreement including new backup generators, preventative maintenance, and energy management and savings programs for the O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The O. N. Stevens Water Treatment Plant currently operates four on-site backup generators capable of supplying up to 8 Megawatts (MW) of electrical power. These generators play a critical role during emergencies or power outages, ensuring uninterrupted operation of electrical systems and high-service pumps to maintain a continuous flow of drinking water to the community. Three of the four generators have been upgraded to comply with air quality standards, qualifying them for participation in ERCOT's Demand Response program, an energy rebate initiative. The fourth generator, however, is not eligible for such upgrades. Despite utilizing only one of several available energy programs, the plant has generated over $200,000 in rebates over the past four years through Demand Response participation. To support upcoming infrastructure enhancements and additional equipment, expanded on-site backup power is essential. Moreover, the aging generators have incurred substantial maintenance costs, totaling approximately $485,000 in repairs since 2020. To address these needs, Exergy Energy, through its separate entity EE ON Stevens LLC ("Contractor"), will replace all four existing units with new natural gas-powered Cummins generators, delivering a combined backup capacity of 10 MW, expandable to 12 MW to accommodate future growth. The agreement grants a license to the Contractor for the use of premises at O.N. Stevens for the installation and operation of the generators. The Contractor will own and maintain the generators and supporting equipment. These units will be configured to support partial load operations during a single utility outage on the AEP side, preserving system redundancy, or to power the entire plant during severe weather events or full outages. The new generators will meet current air quality standards, enabling broader participation in energy savings and rebate programs. Contractor will oversee all aspects of program management and provide comprehensive preventative and corrective maintenance for the new units. The backup power system is to be fully operational to deliver the minimum starting capacity of 10 megawatts with 564 days of execution. The agreement provides for 120 monthly payments of $230,833.33 due each month to begin the first month that the backup power system is fully operational. The City has the option to purchase the equipment anytime upon payment of the Equipment Retention Fee identified in the agreement. At the completion of 120 months of payments, the City may elect to purchase the system for $1 .00. The parties may extend the agreement for 10 additional years to receive continued services. PROCUREMENT DETAIL: Finance & Procurement conducted a Request for Proposal process to obtain qualified firms to assist with a backup power and energy management program. The City received three proposals which were reviewed by a five-member evaluation committee. The Request for Proposal committee evaluated all aspects of the company's current capabilities, which accounted for 100 possible points, 40 for technical qualifications, 10 possible for interview, 40 possible for pricing, and 10 possible points for local preference. Final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City for backup power and energy management services. The City recommends the award to Exergy Energy LLC, of Berkeley, California. They are the vendor that submitted the most competitive proposal and received the highest overall score of 78.8 out of 100 points. As standard practice with its project finance, Exergy Energy LLC has formed a limited liability company, EE ON Stevens LLC to be the contracting entity for this agreement. EE ON Stevens LLC is wholly owned by Exergy Energy LLC. ALTERNATIVES: The alternative would be to replace the generators directly through a CIP project requiring full up-front cost. FISCAL IMPACT: There is no fiscal impact to Corpus Christi Water in FY26 associated with this service agreement, as no payments are required until the backup power system becomes fully operational—an event anticipated to occur 564 days after contract execution. Beginning in FY27, once the system is fully operational, monthly payments of $230,833.33 will commence, and funding for this expense will be incorporated into the annual budget. The new generators will be eligible to participate in ERCOT's ancillary grid services, which is projected to generate approximately $2-3 million in annual revenue. These proceeds will partially or fully offset the annual lease costs, significantly reducing the net financial impact to Corpus Christi Water. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Department: N/A Project # (CIP Only): N/A Account: N/A Year 2-11 (FY2027-2036): $ 2,700,000.00 per year Total: $ 27,700,000.00 RECOMMENDATION: Staff recommend approval of this motion authorizing a ten-year service agreement, with a one ten-year option, with Exergy Energy LLC as presented. LIST OF SUPPORTING DOCUMENTS: Matrix Evaluation Service Agreement RFP No.5682 Backup Power and Energy Management for ONS Summary Evaluation Matrix Sr. Buyer- Minerva Alvarado Proposal Evaluation Score Exergy Energy Enchanted RPower Rock MINIMUM QUALIFICATIONS (PASS/FAIL) Pass Pass Pass Registered as a QSE(Qualified Scheduling Entity) 1a1 {% Pass Pass Pass Required five years in business 1' J1=+cif'; Pass Pass Pass No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years 1SS/ Pass Pass Pass No outstanding regulatory issues last 5 years d,s/,F il, Pass Pass Pass References Provided for firm Pr1 if' Pass Pass Pass Minimum Qualifications "Pass/Fail Pass Pass Pass Local Preference Points 10.0 0.0 0.0 0.0 Technical Proposals Firms'Experience 10.0 9.4 7.5 2.5 Teams'Experience 15.0 14.8 8.9 5.2 Understanding of Project Scope 15.0 14.7 7.5 5.6 Subtotal Technical Proposal 40.0 38.8 23.9 13.3 Competitive Range Subtotal 50.0 38.8 23.9 13.3 Interview 10.0 10.0 9.2 0.0 Firms'Experience 5.0 5.0 4.8 Team Identification 5.0 5.0 4.4 PRICING 40.0 40.0 38.9 0.0 Total 100.0 88.8 72.0 13.3 BACKUP POWER AND ENERGY MANAGEMENT AT O. N . STEVENS WATER TREATMENT PLANT Nicholas J. Winkelmann, P. E. Interim Chief Operating Officer - Corpus Christi Water January 27, 2026 CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER BACKGROUND • The O. N. Stevens Water Treatment Plant (ONSWTP) currently operates four on- site backup generators capable of supplying up to 8 Megawatts (MW) of electrical power These generators play a critical role during i " emergencies or power outages, ensuring uninterrupted operation of electrical systems and high- service pumps to maintain a continuous flow of drinking water to the community CITY OF CORPUS CHRISTI CORPUS CHRISTI 2 WATER BACKGROUND • Three of the four generators have been upgraded to comply with air quality standards, qualifying them for participation in ERCOT's Demand Response program, an energy rebate initiative • The fourth generator is not eligible for such upgrades • The aging generators have incurred substantial maintenance costs, totaling approximately $485,000 in repairs since 2020 • To support upcoming infrastructure enhancements and additional equipment, expanded on-site backup power is essential SERVICE AGREEMENT • Exergy Energy, through its separate entity EE ON Stevens LLC (Contractor), will replace all four existing units with eight new natural gas-powered Cummins generators, all associated operational infrastructure, and the full conversion of the ON Stevens generator facility from diesel to natural gas, at an estimated cost of approximately $27 million • If CCW were to purchase the generators outright and design and construct all associated infrastructure needed at ON Stevens plant through the Capital Improvement Program, the projected capital requirement was estimated at $35-$40 million. • The new generators will delivering a combined backup capacity of 10 MW, expandable to 12 MW to accommodate future growth • Units will be configured to support partial load operations during a single utility outage on the AEP side or to power the entire plant during severe weather events or full outages • The new generators will meet current air quality standards, enabling broader participation in energy savings and rebate programs • Contractor will own and maintain the generators and supporting equipment, will oversee all aspects of program management, and provide comprehensive preventative and corrective maintenance for the new units • At the completion of 120 months of payments, the City may elect to purchase the system for $1.00 4wen A ff" CITY OF CHRISTI CORPUS SCHRISTI 4 WATER FISCAL IMPACT There is no fiscal impact for Corpus Christi in FY26, no payments are required until the backup power system #yr. becomes fully operational—an event anticipated to occur i 564 days after contract execution. !r • The annual lease costs of approximately $2.7M will be y budgeted in the future year through the annual budget process. • The new generators will be eligible to participate in ERCOT's ancillary grid services, which is projected to generate approximately $2-3 million in annual revenue. These proceeds will partially or full P p offset An ice— the annual lease costs, significantly reducingthe net financial impact to Corpus Christi Water. _ ,. STAFF - RECOMMENDATION E �4 Staff recommends approval of this . motion authorizing a ten-year service agreement, with a one ten-year a option, with Exergy Energy LLC of A N" CITY OF CORPUS CHRISTI Berkeley, California as presented. 5 �� CORPUS CHRISTI WATER CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER SERVICE AGREEMENT NO. 5682 BACKUP POWER AND ENERGY MANAGEMENT SERVICES FOR O.N. STEVENS WATER TREATMENT PLANT THIS Backup Power and Energy Management Services Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Exergy Energy LLC a Delaware LLC ("Contractor''), and EE ON STEVENS LLC, a Texas single-purpose entity ("ProjectCo"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has proposed to provide Backup Power and Energy Management Services for the O.N. Stevens Water Treatment Plant ("ON Stevens WTP") in response to Request for Proposal No. 5682 ("RFP"), which RFP includes the required scope of work and all specifications and which RFP and the Contractor's 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; WHEREAS, the City requires 24/7/365 backup power designed to automatically come online to service the entire ON Stevens WTP ("Site") load in the event of a power failure; WHEREAS, the Site has a load of 10 mw ("Site Load Limit"); WHEREAS, the City desires to participate in Electric Reliability Council of Texas (ERCOT) and American Electric Power (AEP) programs ("Ancillary Grid Services") in order to defray the capital, maintenance and electricity cost for powering the Site when the City does not require the use of the generator(s). Such programs include, but are not limited to: 1 . ERCOT Emergency Response Service (ERS) is designed to be deployed by ERCOT when demand for electricity is high and is meant to help alleviate the potential for blackouts by providing ERCOT with resources to call upon in a defined emergency situation; 2. Load Resource (LR): This program is for end users that can provide ancillary services and demand response to the grid very quickly. These customers 1 will have an Under Frequency Relay (UFR) installed at their facility that will disconnect their load when the grid frequency gets below a set frequency threshold; 3. 4CP Reduction: Reducing facility load during peak ERCOT system time periods from June - September will save the end user between $4.45/KW/Mo (transmission voltage) - $6.22/KW/Mo (distribution voltage), depending on the metered voltage. 4CP reduction is customer-initiated and will reduce the 4CP kW demand on their AEP Texas distribution charges during the year following their performance; 4. AEP Load Management: This program offers a $20-$25/KW reduction incentive for reducing loads on AEP's ordered notification. If the ON Stevens WTP is metered on the Transmission level, this program is not available. The program is only offered to customer served by distribution voltage. This program is available during the four summer months of June through September and during the winter month of December through February. If an end user participates in this program then the ERCOT programs listed above cannot overlap on this program; 5. Power Export: Providing power to the grid when ERCOT real time prices are high can be very profitable. There may be certain requirements from the customer's retail electric provider (contract language) and AEP Texas (acceptable connection point) that must be met in order to participate. Generators that are certified to run at anytime and for along duration must be used. WHEREAS, when choosing to participate in Ancillary Grid Services, Contractor must act in a reasonable and prudent manner to ensure the longevity of the City's capital investment in the generators that are to be purchased under this Agreement. NOW, THEREFORE, City and Contractor agree as follows: 1 . The recitals set forth above are agreed to and are binding on the parties. 2. Capitalized terms are defined in Attachment A Definitions. 3. Scope. A. Contractor will provide backup power and energy management services for the ON Stevens WTP in accordance with this Agreement, Attachment B Scope of Work, and Exhibit 2 Response to RFP 5682. B. The System must achieve Commercial Operation within 574 days of 2 the Effective Date of this Agreement. Commercial Operation means that the System is substantially mechanically complete, permitted and capable of providing electricity to the delivery point at the capacity specified in Attachment B. C. Contractor shall provide City with 30%, 90% and final design plans for the System to include the License Area and the natural gas pipeline ("System Plans"). City will provide comments to Contractor within 30 days after receipt of each submittal and either approve or disapprove of the System Plans. If City disapproves the design, Contractor shall modify the design and resubmit. If the System design modifications requested by City render the System non-viable, either party may terminate this Agreement pursuant to the terms herein. D. Contractor shall provide City with written notice that the System has achieved Commercial Operation ("Commercial Operation Date"). E. Contractor shall provide as-built drawings upon completion of the installation of the System. F. Upon completion, Contractor shall have accomplished the following: i. Installed system capacity greater than or equal to the Site Load Limit at the Site; ii. Entire generation capacity installed at the Site can be started within 30 minutes of notice by the Director to Contractor; iii. Generation units paralleled with the ERCOT grid and able to accept Site Loads without disruption of plant operations; iv. The acceptance by the City of completion testing and commissioning; v. All original equipment manufacturer (OEM) safety devices installed and fully operational in accordance with the OEM standards, requirements and guidelines; vi. Contractor's real-time operations desk communication procedures established; and vii. Delivery of complete final electrical drawing of the Generator Equipment connections to the City Property prepared by a professional electrician and having the electrician's seal. 3 G. Contractor shall operate the System exclusively for the benefit of the City. City shall have the right to use the System for standby power and/or emergency situations at any time at no cost or penalty. 4. Term. A. The term of this Agreement begins on the Effective Date and continues for 10 years after the Commercial Operation Date unless terminated as provided herein ("Term"). The parties may mutually extend the term of this Agreement for one additional 10-year term, provided the parties do so in writing prior to the expiration of the original term ("Option Period"). B. At the end of the Term of this Agreement or the Option Period, the Agreement may, at the request of the City prior to the expiration of the Term or Option Period, continue on a month-to-month basis for up to six months. 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 Option Period. During the month-to-month term, either party may terminate the Agreement upon 30 days written notice to the other party. C. At the end of the Term and in the absence of an early termination of this Agreement, the City may elect to purchase the Generator Equipment for$1 .00. 5. Services A. Contractor will design and engineer the System, and cause the System to be delivered, installed, constructed, commissioned and be commercially operable at the Site. B. Contractor will monitor, operate and maintain the System at the Site in order to perform backup power and peak shaving services. C. Contractor shall execute a service and maintenance contract with the System's OEM that establishes the repair and maintenance costs at Contractor's sole expense for a period coterminous with the Term of this Agreement. During an Option Period, Contractor will pass through the costs of repair and maintenance to City without any markup or premium by contractor. D. In the event City is entitled to participate in applicable grid programs such as, but not limited to, emergency demand response and economic demand response, at Contractor's option, Contractor may operate the System at such times and with such outputs as required to allow City's 4 participation in the applicable grid program. E. Unless City and Contractor have agreed otherwise in writing, and except as otherwise provided herein, the following services will not be provided by Contractor: i. Unforeseen groundwork (including excavation and circumvention of underground obstacles) encountered during installation of the System(s); ii. Upgrades or repair to City electrical infrastructure (including City-owned transformers, substations, poles, breakers, reclosers, and disconnects); iii. Snow removal, tree removal, tree trimming, mowing and any landscape improvements; iv. Decorative fencing and/or any visual screening materials, decorative enhancements to energy generation support structures (including painting, paint matching, masonry/stonework, and any lighting not required to meet the minimum code compliance); V. Removal of existing lighting, light poles, or concrete light post bases; vi. Roof membrane maintenance or reroofing work; vii. Structural upgrades to the Improvements, including ADA upgrades; and viii. Installation of public information screen or kiosk (including accompanying internet connection, power supply, technical support and ADA access). F. Contractor may suspend Services for the purpose of maintenance and repairs. Scheduled and unscheduled maintenance and repairs shall be undertaken at Contractor's sole cost and expense. i. Contractor must always have a minimum capacity of 8 mw available for use at the Site. ii. Contractor must give 20 days' written notice of planned maintenance activities to the Contract Administrator. 6. Payments to ProjectCo or Contractor. A. After the Commercial Operation Date, the City will pay ProjectCo $230,833.33 by the 1st day of each month for the initial Term of this Agreement ("Service Fee"). ProjectCo shall provide to the City proof of payment to the financing company for the Generator Equipment by the 20th day of each month. 5 B. ProjectCo shall submit monthly invoices on behalf of Contractor. City will make prompt monthly payments in response to the monthly invoices in compliance with the Texas Prompt Payment Act. C. Contractor waives any rights to the monthly Service Fees due under this Agreement. Contractor expressly consents to the assignment of the monthly Service Fees to ProjectCo. D. City will pay Contractor$100 by the first business day of each month during the Option Period if exercised by the City. E. Special Terms Applicable to Service Fee. Notwithstanding anything to the contrary contained in this Agreement, installments of the applicable Service Fee shall be due and payable on the first business day of each calendar month durinq each year of the Term following the Commercial Operation Date, irrespective of whether City receives an invoice therefor, other notice thereof or otherwise. The first installment of the Service Fee for the first year of the Term shall be due and payable on the first business day of the month following the Commercial Operation Date and further installments thereof shall be due and payable on a like day during each subsequent calendar month until the end of the Term. A condition precedent to the City requirement to pay the Service Fee shall be Contractor's written notice of Commercial Operation that establishes the Commercial Operation Date. 7. Ancillary Grid Services Payment to City. A. City will be paid according to the Ancillary Grid Services it participates in. City shall not be penalized for not participating in Ancillary Grid Services or be subject to Service Fee payments in excess of$2,770,000 per year for the Term or $1,200 per year for the Option Period or any extensions thereof. B. In consideration of the Ancillary Grid Services provided hereunder, City shall be entitled to receive 85% of the ancillary revenue remaining after the QSE deducts its portion of the revenue generated by City's participation in any ancillary grid program during the Term, and Contractor shall receive the remaining portion of the ancillary revenue. City agrees to execute those documents that may be required to allow Contractor to receive its share of ancillary revenue directly from the payor thereof. C. During the Option Period, 100% of the ancillary revenue remaining after the QSE deducts its portion of the revenue generated by City's participation in any ancillary grid program shall be paid to City to cover 6 the cost of the maintenance services. 8. Power Outage; Liquidated Damages. Contractor acknowledges and agrees that the priority for the System and Services is to provide backup power to the Site. In the event of a power outage, Contractor shall operate the System to provide City with backup power at the O.N. Stevens Water Treatment Plant. City and Contractor recognize that the City will suffer financial loss if the System is not able to provide backup power at the Site. City and Contractor also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by City if backup power is not available in the event of a power outage. Accordingly, instead of requiring any such proof, City and Contractor agree that if Contractor fails to provide City with the amount of backup power at the Site required for compliance with the City's Emergency Preparedness Plan of 8 MW during a power outage, Contractor shall be liable to City for liquidated damages in the amount of $5,000 per MW per hour. Contractor will not be liable for liquidated damages if the failure to provide the required backup power is due to a City pre-approved scheduled maintenance activity that subsequently coincided with an outage; provided that the maintenance activity is not the cause of the outage. Contractor shall avoid any scheduled maintenance activity that would reduce the available capacity to less than 8 MW. 9. Fuel. Corpus Christi Water will obtain natural gas services for the System at the Site from Corpus Christi Gas ("Fuel") and pay all Fuel costs. 10. Measurement. A. The System's electricity output during the Term and Option Period shall be definitively measured by Contractor's meter, which shall be a revenue grade meter that meets ANSI-C12.20 standards for accuracy (the "Meter"). City shall have access to the metered energy output data via the monitoring system installed and maintained by Contractor as part of the System. B. Contractor shall calibrate the Meter in accordance with manufacturer's recommendations. Notwithstanding the foregoing, City may install, or cause to be installed, its own revenue-grade meter at the same location as the Meter. If there is a discrepancy between the data from City's meter and the data from the Meter of greater than 2% over the course of a year of the Term, then City may request that Contractor calibrate the Meter at Contractor's cost. 7 1 l . Generator Equipment and Ground License. A. The Generator Equipment is the personal property of ProjectCo, an affiliate of Contractor and, except as otherwise expressly provided herein in this Agreement and the License, Contractor (or its affiliate ProjectCo) shall retain control and ownership rights to the Generator Equipment. In no event shall the City have any rights in or to the Generator Equipment during the Term of this Agreement. B. No Liens. i. The City agrees that at no time will the Generator Equipment become, in any manner, affixed or attached to real property or any building, and shall not be considered or deemed an improvement to or fixture of the real property or any building. The City will prevent any liens, levies, attachments or encumbrances based upon a claim or right asserted against the City from being filed or asserted against the Generator Equipment. In the event that a third party files a lien or takes any action against the Generator Equipment based upon a claim or right asserted against the City, the City agrees to do all things necessary and bear all expenses to have such lien removed or defend such action as soon as possible, subject to the appropriation of funds therefor by the City's governing body. ii. Contractor agrees that at no time will Contractor personal property become, in any manner, affixed or attached to real property or any building, and shall not be considered or deemed an improvement to or fixture of the real property or any building. Contractor shall prevent any liens, levies, attachments or encumbrances based upon a claim or right asserted against Contractor from being filed or asserted against City Property and shall reimburse the City for any costs incurred in defending, removing and protecting City Property from the same. In the event that a third party files a lien or takes any action against City Property based upon a claim or right asserted against Contractor, Contractor agrees to do all things necessary and bear all expenses to have such lien removed or defend such action as soon as possible. The City acknowledges and agrees that this 8 provision does not apply to security interests on the Generator Equipment granted to Contractor's lenders under Contractor's corporate credit agreements. Contractor represents and warrants that if the City elects to exercise its options to purchase the Generator Equipment hereunder, Contractor will cause any such security interests to be removed at the time of the City's purchase so that the City may purchase the Generator Equipment free and clear of all security interests. iii. Upon the request of Contractor, the City shall provide to Contractor a mutually agreeable written statement to any third party with an interest in the Site stating that (a) the Generator Equipment is the property of Contractor (or its affiliate ProjectCo) and such third party does not have any claims, rights or other interest in or to the Generator Equipment, (b) Contractor has the rights with respect to the Generator Equipment as set forth in this Agreement, including the right to remove and/or replace the Generator Equipment in accordance with the terms hereof, and (c) such other items relating to the Generator Equipment as may be reasonably requested by Contractor, the form of which is agreed to by the City. C. Contractor shall have the right to remove or replace any of the Generator Equipment with equipment of equal or greater capacity that Contractor, in its discretion but in accordance with good industry practices, determines will perform in accordance with the specifications set forth in this Agreement, and to do so in a manner that does not reduce the System Capacity below that of Site Load Limit. In addition, Contractor shall not remove or replace any of the Generator Equipment for preventive maintenance or preventative repair purposes during Hurricane Season in a manner in which remaining System Capacity for the Services would be reduced for more than a 24-hour period below the Site Load Limit. If Contractor adds or removes any of the Generator Equipment during the Term in accordance with this section, it shall promptly provide to the City written notice to reflect the added or removed equipment. Contractor shall use reasonable industry and commercial practices required for the installation, replacement, and removal of the Generator Equipment. D. License. Contractor will provide the Services contemplated by this Agreement through the use of an electrical micro-grid system comprised of Generator Equipment and associated installations (each a ''System''). Prior 9 to installing any System and/or providing any Services pursuant to this Agreement at the Site, the Parties shall enter into a license, (the ''License''), in form as shown Attachment C, granting Contractor rights to provide the Services set forth in this Agreement at the Site. The Chief Operating Officer for Corpus Christi Water is authorized to execute the License on behalf of the City. E. Access to Site and Generator Equipment i. The City grants Contractor and Contractor's personnel, subcontractors and/or agents, reasonable access to and over and across the Site and the reasonable right to install, operate, maintain, monitor, remove and replace the Generator Equipment on or from the Site and License Area (as defined in the License), during the Term of this Agreement and thereafter for the purpose of removing the Generator Equipment; provided that no Contractor subcontractors or agents may enter the Site without Contractor personnel present, unless such agents or subcontractors have been previously approved by the City. Contractor's personnel, subcontractors, and/or agents must receive security clearance from the City and abide by all City safety and security rules, regulations, procedures, and personnel as such may be amended from time-to-time. The right of access shall entitle Contractor and its subcontractors and/or agents to occupy the Site at all times reasonably necessary for the purposes of installing the System, operating and maintaining the System, and removing the System in accordance with the terms hereof. ii. Emergency Access. In emergency situations only that affect the operations of the City, the City shall have the right to access the License Area to take remedial action to protect the City operations; accordingly, Contractor will provide City with keys, combinations, or access codes necessary to allow City personnel and or subcontractors direct access to all of the Generator Equipment, at all times during the performance period of this Agreement. Notwithstanding this section, the Director or his or her designee shall have access to an emergency shut-off switch for Generator Equipment and the System and be authorized to gain 10 access to the Generator Equipment and the System during times of emergency. As soon as practicable, the City shall notify Contractor of the City's entry onto the License Area and what actions were taken, if any. iii. Coordination of Access. Contractor shall give the Contract Administrator reasonable written notice of no less than 3 days, unless an emergency exists, of its intent to remove or replace the Generator Equipment and shall coordinate with the Director or designee so as to minimize any impact on the Site's operations and ensure its security. The Director or designee will direct Contractor as to the best route for heavy equipment, cranes, trucks, etc. and, based on the notice provided by Contractor, direct Contractor so as to prevent damage to underground equipment, pipes, and facilities. iv. To the extent there is a conflict between these provisions and any agreements set forth in the License, the provisions of the License shall control. F. Restrictions on the City. i. Except in the event of an emergency, the City will notify the Contractor before coming onto the License Area during the Term of this Agreement. The City agrees that it shall not have access to the License Area, the Generator Equipment or the System without prior notification, and the City shall not permit any of its personnel, subcontractors or agents to (i) access the, the Generator Equipment or the System, (ii) move, modify, adjust or otherwise take any action which affects the System or the Generator Equipment or (iii) perform any alterations, additions, improvements, maintenance or repair to the Generator Equipment, at any time or under any circumstances, including painting, enclosing or surrounding the License Area with landscaping materials or plants that could adversely affect the performance of the Generator Equipment. ii. Prior to the City's adding any equipment to the Site that could result in the City exceeding the Site Load Limit or any other 11 equipment brought onto the Site creating an additional temporary load (e.g., welding equipment, construction equipment, etc.), the City shall notify Contractor in writing with sufficient time for Contractor to coordinate such activity to allow Contractor to disable the System to avoid any damage to the System. G. Restrictions on Contractor. Contractor shall not have any access to the Site or City Property other than that explicitly granted in this Agreement and the License. 12. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Corpus Christi Water Phone: (361 ) 826-1627 Email: DianaZCcctexas.com 13. 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 12 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 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 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 13 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, 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. 14 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. 14. Warranty. A. Contractor warrants that it shall perform all work in a good and workmanlike manner, meeting the standards of quality prevailing in Nueces County, Texas for work of this kind. Contractor shall perform all work using trained and skilled persons having substantial experience performing the work required under this Agreement. B. 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. C. In addition, the products purchased under this Agreement shall be warranted by the Contractor or by the manufacturer for the Term and Option Period of this Agreement. 15. 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 appropriation 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. The Director will include this item in the budget request for each fiscal year that payments become due under this Agreement. The obligations of the City under this Agreement constitute a current expense of the City for each fiscal year of the City and shall not constitute an indebtedness of the City within the meaning of the Constitution and Laws of the State of Texas. Nothing herein shall constitute a pledge by the City of any taxes or other moneys (other than moneys 15 lawfully appropriated from time to time by or for the benefit of the City for this Agreement and the net proceeds of any applicable insurance) to the payment of any amount coming due hereunder. The City agrees to promptly notify Contractor if funds are not appropriated. 16. 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. 17. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 18. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 19. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 20. Taxes. A. The City represents that the City is a municipality and exempt from Federal Excise and Transportation Tax, Texas Limited Sales and Use Tax and property taxes, and therefore, so long as and to the extent that the City is exempt from taxes, the City shall not have any liability to Contractor for any taxes hereunder and Contractorwill not include taxes in its invoices. The Contract Administrator will furnish the City's exemption certificate and federal tax identification number to Contractor if requested. B. 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 16 15 days of such request. 21 . 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 Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1627 Fax: (361) 826-4495 DianaGCcorpuschristitx.gov IF TO CONTRACTOR: Contractor: EXERGY ENERGY LLC Attn: David March Title: Chief Executive Officer Address: 2718 Dana Street, Suite 6, Berkeley, CA 94705 Phone: (704) 778-1909 Fax: (866) 642-7924 Email: marchCexergyenergy.com IF TO PROJECTCO: Contractor: EE ON STEVENS LLC Attn: David March Title: Chief Executive Officer Address: 2718 Dana Street, Suite 6, Berkeley, CA 94705 Phone: (704) 778-1909 Fax: (866) 642-7924 Email: march@exergyenergy.com 22. 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 REASONABLE 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 17 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 REASONABLY 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. 23. Termination. A. Termination upon Event of Default. i. Except as otherwise set forth herein, either Party has the right to terminate this Agreement by written notice upon an Event of Default by the other Party; provided, however, such Party shall have an opportunity to cure as provided herein. With respect to either Party, an "Event of Default" by such Party shall mean: (1) If a Party (for the purposes of this Article, a "Party" shall include any affiliate of Contractor that Contractor may use or create to own the Generator Equipment) becomes insolvent by reason of its inability to pay its debts as they mature; is adjudicated bankrupt or insolvent; files a petition in bankruptcy, reorganization or similar proceeding under the bankruptcy laws of the United States or shall have such a petition filed against it which is not discharged within 30 days; has a receiver or other custodian, permanent or temporary, appointed for its business, assets or property; makes a general assignment for the benefit of creditors; has its bank accounts, property or accounts attached; has execution levied against its business or property; or voluntarily dissolves or liquidates or has a petition filed for corporate dissolution and such petition is not dismissed within 30 days; or (2) If a Party fails to materially comply with any provision of 18 this Agreement or any material breach of any representation or warranty of this Agreement and such Party does not correct or cure such failure or breach within 30 days after written notice of such failure to comply is delivered by the non- breaching Party specifying the nature of the breach in reasonable detail. ii. Notice of Default. If an Event of Default occurs and a Party wishes to terminate the Agreement, then the Party must deliver a written notice to the Authorized Representative describing the default and the proposed termination date. The date must be at least 30 days after the Authorized Representative receives the notice. To the extent that the breach is of a type that requires more than 30 days to cure, that Party shall have an additional period of time as is necessary to affect the cure, so long as it diligently works to cure such default. The Party sending notice, at its sole option, may extend the proposed termination date to a later date. If the Party receiving notice cures the default before the proposed termination date, then the proposed termination is ineffective. If the Party receiving notice does not cure the default before the proposed termination date, then the Party sending notice may terminate Its performance under this Agreement on the termination date. B. Termination for Convenience Notwithstanding any other provision in this Agreement, the City Manager or designee may terminate this Agreement for convenience upon 30 days advance written notice to Contractor. C. Effects of Termination and Breach. i. Obligations After Termination. Upon termination of this Agreement, for reasons other than convenience, neither Party shall have any further obligations under this Agreement except for (1 ) payments accruing prior to the termination of this Agreement, the requirement to repair damage to the Site or improvements thereon, and any Site restoration and equipment removal requirements, and (2) obligations, promises, or covenants set forth herein that are expressly made to extend 19 beyond the Term or by their nature extend beyond the termination. In the event of termination for convenience, City shall be responsible to pay ProjectCo the Equipment Retention Fee as defined in Schedule 1 applicable to the date of such termination for convenience. ii. Right to Purchase Generator Equipment. In the event of a termination of this Agreement, the Director may elect on behalf of the City to buy the Generator Equipment (on-site at the time of the termination of the Agreement) upon the appropriation of funds therefor by the City Council and payment of the Equipment Retention Fee. The payment of the Equipment Retention Fee for the Generator Equipment shall be made within 60 days of the Director's election. In the event that the Director does not make an election at the time of termination of this Agreement, the City shall be deemed to have waived its right to purchase the Generator Equipment and no Fee shall be due, in which case, Contractor must remove the Generator Equipment from the Site within 120 days. Within 3 days of accepting payment of the Equipment Retention Fee, ProjectCo shall assign or cause to be assigned all warranties, service contracts, insurance, title and all other rights associated with the Generator Equipment to the extent such warranties, service contracts, insurance or other rights associated therewith are freely assignable and at no additional cost to ProjectCo or City. iii. Consequential, Other Damages and Attorney Fees and Costs. Both Parties waive their right to consequential damages, exemplary damages, and damages related to unabsorbed overhead, as well as reasonable and necessary costs and attorney's fees except for the liquidated damages defined herein. 24. Force Majeure. Contractor is excused from performing its obligations under the Agreement if the performance is prevented by a Force Majeure Event, but only for the duration of the event. Contractor must use commercially 20 reasonable efforts to mitigate the impact of the Force Majeure Event and resume performance as soon as possible. Force Majeure Events include: A. Explosion B. Unavailability of fuel and/or natural gas 25. 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 conveyance of the equipment to the City. 26. Right to Audit Records. The City may audit Contractor's records to determine its compliance with the terms of this Agreement. Contractor, during normal business hours shall allow City reasonable access to its records and books and all other relevant records related to the Services provided under this Agreement. 27. Assignment to Financing Parties. For the first 10 year term of this Agreement, the Parties acknowledge that ProjectCo may obtain financing from lenders or other persons or entities (each a "Financing Party") in connection with the installation, construction, ownership, operation, maintenance of or other matters relating to the System and this Agreement during the initial Term of this Agreement. ProjectCo may, without the prior written consent of but with notice to City, assign, mortgage, pledge, grant a Pp9F security interest in or otherwise assign all or a portion of its rights, title, and interests in this Agreement (including any fees and other amounts at any time due hereunder) and/or the Systems, to any Financing Party; provided, that, ProjectCo is not released from liability hereunder as a result of any assignment unless the assignee assumes ProjectCo's obligations hereunder by binding written instrument. In furtherance of ProjectCo's financing arrangements and in addition to any other rights or entitlements of ProjectCo under this Agreement, City may timely execute and deliver to ProjectCo, any consents to and acknowledgments of assignment or financing; provided, that such estoppels, consents and acknowledgments to assignment do not alter the fundamental economic terms of this Agreement. In the event of any such assignment, the right of such Financing Party to receive amounts payable under this Agreement shall not be subject to any defense, set-off, counterclaim or recoupment which City may have against ProjectCo. 21 General Assignment. No assignment of this Agreement by 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. No assignment of this Agreement by ProjectCo to a non-financing party, 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 ProjectCo 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. 28. 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. 29. 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 RFP document including any addenda (Exhibit 1 ); then, D. the Contractor's proposal response (Exhibit 2). 30. 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. 31 . 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, orjustice court in and for Nueces County, Texas. 32. 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 22 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. 33. Aggregate Data Collection and Usage. The City acknowledges and agrees that Contractor may: (i) collect, process and aggregate any data used with, stored in, or related to the Services, including, without limitation, end- user energy usage and demand data, and create aggregate data records ("Aggregate Data") by removing any personally identifiable information ("PII") from the underlying data; (ii) use such Aggregate Data to improve the Services, develop new solutions, understand actual energy usage and demand trends and general industry trends, develop white papers, reports, or databases summarizing the foregoing, and generally for any legitimate purpose related to Contractor's business; and (iii) share Aggregate Data with third parties or publish any reports, white papers, or other summaries based on Aggregate Data. 34. Confidentiality. A. Nondisclosure to Third Parties. In performing its obligations under the Agreement, each Party may receive non-public information of the other Party ("Confidential Information"). Each Party, on behalf of itself and its employees, contractors and agents (collectively, "Representatives"), agrees not to, except as set forth in Section 3(b) and (c) or as required by applicable law or regulation, use or disclose Confidential Information during or after the Agreement without the prior written consent of the other Party. To protect Confidential Information, each Party agrees to: (i) limit dissemination of Confidential Information to only those Representatives having a "need to know"; (ii) advise each Representative who receives Confidential Information of the confidential nature of such information; and (iii) have appropriate agreements, policies and/or procedures in place with such Representatives sufficient to enable compliance with the confidentiality obligations contained herein. Notwithstanding the foregoing, Contractor may share Confidential Information with affiliates to the extent permitted by applicable law and the Contractor energy procurement advisory process guidelines, as applicable, and as amended from time to time. Each Party is responsible for any breach by its Representatives. B. Use of Confidential Information. The City acknowledges that Contractor may receive Confidential Information of the City from the applicable independent system/grid operator, utility and/or supplier, through data collected through the Solutions or otherwise, which may be used or disclosed by Contractor as necessary for the performance of the Agreement. 23 C. Texas Public Information Act. The Parties acknowledge that the City is a Texas governmental entity subject to the Texas Public Information Act (the "Act"). Should the City receive a request for disclosure of Confidential Information pursuant to the Act, City will promptly provide Contractor with notice of such request so that Contractor may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such Information. The burden of establishing the applicability of exceptions to the disclosure of Confidential Information under the Act resides with Contractor. Should Contractor be unable to establish a valid exception from disclosure or exclusion from the Act, then City may release the information, solely to the extent necessary to comply with the Act. 35. Entire Agreement. This Agreement, and when executed, the License and the Site Addendum, merges the prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties with respect to the subject matter hereof. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the Parties regarding this Agreement. 36. Contractor verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement; does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement; and does not boycott energy companies and will not boycott energy companies during the term of this Agreement. 37. No Waiver of Sovereign Immunity. This Agreement is to perform a governmental function solely for the public benefit. By entering into and performing its obligations under this Agreement, the City has not waived its sovereign immunity. Exergy Engergy LLC J7GtVl� tf fCl2YLltim David H Kurzman(Dec 1,202514:39:47 PST) David Kurzman Chief Financial Officer 24 PROJECTCO DaylD( ff I� W ZIW4 n—id H Ki ir—,(n—11"Jl 5 14 ZO 47 PST) David Kurzman Managing Member CITY OF CORPUS CHRISTI Rachel Erben Assistant Director, Contracts & Procurement Approved as to Form: Assistant City Attorney Attached and Incorporated by Reference: Attachment A: Definitions Attachment B: Scope of Work Attachment C: License Schedule 1 - Equipment Retention Fee Incorporated by Reference Only: Exhibit 1 : RFP No. 5682 Exhibit 2: Contractor's Proposal Response Purchasing Manager Date 25 Attachment A - Definitions 1 . Agreement- Backup Power and Energy Management Services Agreement for the O.N. Stevens Water Treatment Plant 2. AEP - American Electric Power 3. Ancillary Grid Services - energy programs offered by ERCOT and/or AEP 4. City- City of Corpus Christi 5. Commercial Operation - the System is substantially mechanically complete, permitted and capable of providing electricity to the Site at a minimum starting capacity of 10 megawatts 6. Commercial Operation Date - the date Contractor provides notice of Commercial Operation 7. Contractor-Exergy Energy LLC 8. Generator Equipment - Eight Cummins C1300N6B spark ignited engine generator sets, one Cummins switchgear, one digital master controller (DMC) 9. City Manager- City Manager or designee 10. Director- Director of Corpus Christi Water or designee 11 . DR - Demand Response 12. Effective Date - date the Agreement is signed by the City Manager or designee 13. Equipment Retention Fee-the amount remaining on the purchase price of Generator Equipment that may be paid by the City in the event of termination of this Agreement 14. ERCOT - Electric Reliability Council of Texas 15. ERS - Emergency Response Service program meant to help alleviate potential blackouts by providing ERCOT with resources to call upon in a defined emergency situation Attachment A 1 Backup Power and Energy Management Services 16. Fuel - natural gas provided by Corpus Christi Gas 17. License Area - as defined in the License Agreement (see Attachment C) 18. Meter - revenue grade meter that meets ANSI-C12.20 standards for accuracy 19. OEM - Original Equipment Manufacturer 20. Option Period - Second 10-Year term of Agreement 21 . QSE or Qualified Scheduling Entity - QSE is a market participant that is qualified by ERCOT to submit bids or offers to buy/sell electricity, to serve as a communication conduit between ERCOT and resource or load serving entities, and is responsible for settling financially with ERCOT. The Site currently uses Enel X as its QSE. 22. ProjectCo - EE ON STEVENS LLC 23. Real-time Operations Desk - Exergy Energy's web-based customer porta 1 24. RFP - Request for Proposal No. 5682 25. Service Fee - Payment by City to Contractor during the Term and Option Period of the Agreement. The Service Fee during the Term is $230,833.33 each month. The Service Fee during the Option Period is $100.00 each month. 26. Site or City Property- O.N. Stevens Water Treatment Plant (ONSWTP). 13101 Leopard Street, Corpus Christi, Texas 78410. 27. Site Load Limit- 10 MW 28. System - electrical microgrid system comprised of Generator Equipment and associated installations 29. System Plans - engineering drawings and plans showing the proposed location of the System, the location of all utility conduits and utility connections required in connection with the System, the location of the City's existing on-site generation and electrical connections, the location of any temporary workspace Attachment A 2 Backup Power and Energy Management Services required in connection with the installation of the System, and any such other matters required by the City. 30. Term -The term of this Agreement begins on the Effective Date and continues for 10 years after the Commercial Operation Date unless terminated as provided herein. Attachment A 3 Backup Power and Energy Management Services Attachment B - Scope of Work Attachment B 4 Backup Power and Energy Management Services Attachment B -Scope of Work 1 .1 General Requirements A. The Contractor shall own, finance, install, manage, service, and maintain backup generation equipment, at a minimum starting capacity of 10 Megawatts and expandable to 12 Megawatts, that meets the compliance standards for participation in Demand Response (DR) Programs and other ancillary services programs offered by the grid. The system will be located at the O.N.Stevens Water Treatment Plant (ONSWTP), 13101 Leopard St. in Corpus Christi, Texas, 78410. B. Equipment and service contract term of 10 years with one 10-year option period, whereas generators and associated equipment are to be paid in full during the initial 10-year term, in turn becoming permanent property of the City. C. The engine generator must be rated by the manufacturer for continuous operation at the full rating to achieve the needed capacity, including potential startups of heavy load equipment while on generator power. D. Preference for engine and generator manufactured by the generator set original equipment manufacturer (OEM). E. The system shall be designed to automatically come online, without the need for manual actions by plant staff or anyone else, and service the entire plant load in the event of a power failure. F. All planned power transfers must be closed transitions, resulting in no power disruption to the plant. G. City approval required for manufacturer of power transfer switchgear, transfer switch, controls, and associated appurtenances during the Engineering phase. H. The Contractor must be able to respond to requests for conversion to generator power 24x7 without exception. I. The system must be operable during inclement weather, including at a minimum, category 3 hurricane events (1 1 1 to 129 mph winds). Any enclosures required on the genset shall be rated for at least category 3 storms. J. The system shall have redundant controls to eliminate single points of failure. In the event of a control failure, the system shall still be able to be started and operated manually. K. The system must be operated and monitored remotely by a 24/7/365 automated operations platform. L. The Customer shall have access to all accounts, generator, invoicing, technical, fuel, and maintenance records through a customer web portal. M. The Contractor shall be responsible for turnkey solutions for the DR program, will manage the program from the beginning to the end, including equipment installation for generator upgrades and permitting, and enrollment in the DR program. N. The Contractor will own the system and be responsible for the operation, maintenance, servicing, refurbishment, and replacement of obsolete parts. The City will not be required to perform or provide any maintenance or support. O. All potential costs must be clearly outlined in the proposal and contract. Operating costs may be adjusted based on agreed-upon indices at agreed- upon intervals. P. The Contractor must be structured according to IRS regulations such that it is an off-balance services expense. Q. The Contractor shall be responsible for the design, permitting, and installation of the system at the City's specified location. R. Ownership of the system shall transfer to the City at the end of the term of the agreement. The Contractor shall continue to operate and maintain the system throughout the entire term of the contract, including option period(s). S. Service and maintenance shall be supplied in accordance with the manufacturer's specifications. T. A service parts inventory must be maintained for the entire power system at a central location which is accessible to the service location 24 hours per day, 365 days per year. The commercial value of inventory shall be included in the proposal. Inventory should cover all major components of the power system, including engines, alternators, control systems, paralleling electronics, and power transfer equipment. U. The Contractor's selected manufacturer service team must be trained and factory certified in generator set service. Service vehicles shall be stocked with critical replacement parts. The service organization shall be on call 24 hours per day, 365 days per year. Preference for a service organization physically located within 100 miles of the site. V. The manufacturer shall maintain model and serial number records of each generator set provided for at least 20 years. W. The Contractor will provide, at a minimum, a primary and secondary contact person who shall be available 24/7 to coordinate system issues. X. The Contractor will be responsible for carrying any/all insurance required to protect the system from damage/weather events/accidents that may occur during the life of the contract. Y. The Contract will establish a level of service to be provided for operating and maintaining the system. Failure to meet the level of service could result in an agreed-upon financial penalty against the Contractor. Z. The Contractor shall set up, manage, and maintain a web-based energy manager account for the City to include all municipal facilities served under the same contract. AA. The Contractor shall be responsible for integrating and maintaining automated data exchange between utility providers and the web-based energy manager. BB. Preference for Contractor to set up and manage a fuel and electricity procurement platform that permits the City to execute energy procurement auctions and manage energy contracts online, as well as providing the opportunity of leveraging the backup power in place to sell energy into the market when opportunities present themselves. CC. The Provider shall have the capability to monitor City weather conditions and preemptively start the generators if conditions are such that an outage is highly probable. DD. At the end of the agreement, the Contractor shall offer a program that provides maintenance and controller upgrades to keep the generator system operational, considering that controller electronics have an earlier end-of-life expectancy than the engine. EE. The City reserves the right to utilize the generator system for standby power or emergency situations outside of ERCOT events as deemed necessary by plant operations at no cost or penalty to the City. FF. The Contractor shall monitor the customer's energy usage and market conditions and forecast and advise the customer of potential increased price risk or outage exposure. GG. The City is currently under contract with Enel X through September 30, 2026, to provide DR services. Should the Contractor opt not to continue with the contract, the Contractor will be responsible for paying all associated early termination fees. 1 .2 Scope of Work A. The Contractor shall design, purchase, and install backup generation equipment at a minimum starting capacity of 10 Megawatts, expandable to 12 Megawatts. B. The Contractor shall remove and discard of three each currently installed 2001 model Cummins diesel generators. Title can be transferred to the Contractor for disposal method of their choice including refurbishment/selling. C. The Contractor shall remove and relocate one each currently installed 2019 model Cummins diesel generators to the location at Plant Management at the time of removal. D. The Contractor shall develop a Project Management Plan and incorporate the Texas Demand Response Program Guidelines for participation for eligible generators at the ONSWTP. a. The Contractor shall provide a schedule (or project timeline) including activities showing durations for engineering, permitting, procurement, fabrication, construction (civil, mechanical, electrical), testing, commissioning and turnover. The schedule should be time-scaled, showing start and completion dates. The schedule shall include all contractors' off- site manufacturing and fabrication, work site activities, and their interdependences. • The Contractor must schedule generator installation so as to maintain a minimum of 6 Megawatts of backup generator power at all times during construction. b. The Contractor shall apply for and assume costs for all required permitting, including federal, state, and local entities. c. The Contractor shall assume liability for non-compliance with United States Environmental Protection Agency (USEPA)and Texas Commission on Environmental Quality (TCEQ), on behalf of the City. E. The Contractor shall develop and be responsible for compliance services including the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE NESHAP) non-emergency use requirements and monitoring plan for ONSWTP generators. F. The Contractor shall develop a monitoring and control system to operate the equipment in compliance with all local, state and government requirements for non-emergency operations. G. The Contractor shall provide necessary testing and compliance reporting to ensure the generators are working properly. H. The Contractor shall submit all compliance reports to the appropriate air agency or EPA. I. The Contractor shall monitor regulatory changes and policy changes affecting DR payments and provide ongoing recommendations. J. The Contractor shall provide a communication plan, technical support, and a real-time data plan. K. The Contractor shall develop a Communication Plan in order to respond to DR events. L. The Contractor shall provide a bi-weekly schedule and a one-month outlook on project management and include safety items, weather delays, etc. M. The Contractor shall provide 24/7/365 technical support. N. The Contractor shall provide alerts for situations such as grid issues and support to help meet curtailment targets. O. The Contractor shall provide all operations and maintenance (O&M) manuals for all provided equipment and materials. P. The Contractor shall comply with City's safety and quality requirements and provide the City with copies of their safety and quality programs as part of the proposal. Q. The Contractor shall provide site requirements needed to perform work such as laydown requirements, work hours, access to ONSWTP, etc. R. The Contractor shall be responsible for providing construction power, lighting, office/trailer, potable water, sanitary stations, waste/disposal services. Power and potable water will be available for the contractor office trailer; however, Contractor is responsible for making all connections. 1 .3 Work Site and Conditions The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to ensure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. Attachment C - Revocable License for Use of Premises STATE OF TEXAS § COUNTY OF NUECES § This premises license ("License") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and Exergy Energy LLC ("Licensee"). In accordance with Article IX, Section 1, of the City's City Charter, the City by these presents does grant and convey to Licensee, for the term and upon the conditions stated in this License, a License for Use of Premises to allow the Licensee to locate and operate backup generation equipment ("System Facilities") at O.N. Stevens Water Treatment Plant ("Site") in full compliance and at all times subject to the Licensee' compliance with the conditions specified in this License. The area in which the License is granted for the location of the System Facilities is depicted on Exhibit "A" (Location Map) and referred to in this License as the "License Area." The plans for the equipment including equipment dimensions are shown on Exhibit "B" (Plan View). The City and Licensee agree as follows: A. This License, and the rights granted under the License, may be revoked at any time by the City upon providing the Licensee not less than 30 calendar days' notice in writing by the City Manager or designee ("City Manager"). B. This License grants Licensee use of square feet tract of land at the Site located at 13101 Leopard Street, Corpus Christi, Texas 78410. C. This License becomes effective upon the signature of the City Manager or designee and shall be for a term coterminous with the Backup Power and Energy Management Services Contract not to exceed 20 years._ C. In consideration of the License herein granted, Licensee agrees to pay the City $1.00 for this License. D. Upon termination or expiration of this License, the Licensee shall remove all personal property from the License Area. If Licensee fails to remove its personal property by the expiration date of this License, property shall be forfeited and become the property of the City. E. Upon termination or expiration of this License, the Licensee shall repair the License Area to its original condition. In the event Licensee fails to return the premises to its original condition, Licensee agrees that City may perform the repairs and invoice Licensee for the cost. Licensee shall pay all invoices within 30 days of receipt. F. This License may not be assigned by Licensee without the City Manager's written consent. G. The Licensee shall acquire and maintain at all times for the term of this License insurance coverage as shown in Exhibit C pertaining to the License Area granted under this License Attachment C 1 Backup Power and Energy Management Services and the activities authorized by this License. The types of required insurance coverage's must be in the minimum amounts set forth in the attached Exhibit C, and the substantive content of Exhibit C being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must include the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least 10 days advance written notice has been provided to the City. Licensee shall provide copies of all insurance policies to the City's City Attorney. H. Should construction, installation, repair or replacement of the System Facilities be deemed necessary by Licensee in the License Area, then schedules, plans and specifications for all proposed work shall be submitted in advance by the Licensee to Corpus Christi Water for approval prior to installing any equipment. The plans must show the type of equipment, installation schedule, the location of installation, and planned maintenance or adjustments. The Licensee shall also comply with any other laws, rules, regulations, and ordinances that may be applicable, including obtaining all required permits. I. Prior to the start of any approved installation, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit C. Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this License. J. Licensee shall provide all necessary and proper safety devices to prevent injuries or accidents on the City's property. K. Any installation, operation and use of the License Area by Licensee shall not interfere with the operation of the City or any of its agents, contractors, or franchisees of any existing or future proposed uses. L. If, as determined by the City Manager, damage occurs to the License Area or to the public infrastructure or services due to the Licensee or its contractor's or agent's use of the License Area, then Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the premises or services shall be made by the City. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. M. Use of the License Area authorized by this License is strictly limited to backup power and energy management services for the Site. Licensee shall keep and maintain the System Facilities on the premises in commercially reasonable condition during the term of this License. Licensee shall have 24-hour access to the premises at all times during the terms of this License. N. INDEMNIFICATION. By its acceptance of this license, the Licensee covenants and agrees fully to indemnify and hold harmless the City and the elected officials and officers and employees of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and Attachment C 2 Backup Power and Energy Management Services nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sub-licensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. The City shall cooperate with Licensee in the defense of all claims, proceedings, actions, and suits subject to this indemnification. This indemnification shall not extend to any costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, or suit to the extent they directly or indirectly arise out of, result from or relate to the negligent or wrongful acts or omissions of City or its officers, agents, employees, representatives, consultants, or contractors. This indemnification survives the termination or expiration of this license. P. All signatories signing this License warrant and guarantee that they have the authority to act on behalf of the entity represented and make this License binding and enforceable by their signatures. Q. Unless otherwise stated in this License, any notice required or permitted to be given under this License must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: Exergy Energy LLC Attn: David March Title: Chief Executive Officer Address: 2718 Dana Street, Suite 6, Berkeley, CA 94705 Phone: (704) 778-1909 Fax: (866) 642-7924 Email: march@exergyenergy.com If to the City: City of Corpus Christi Attn: Corpus Christi Water P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, Attachment C 3 Backup Power and Energy Management Services specify a different address or addressee for notice purposes within 10 days of any address change. R. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this License must be brought in Nueces County, Texas. S. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this License, the completed "Disclosure of Interests" form is attached and incorporated by reference into this License as Exhibit D as if set out here in their entireties. T. City reserves the right to require Licensee to relocate the System Facilities at Licensee's sole cost upon reasonable written notice when such relocation is deemed necessary by the City Manager or designee. V. This instrument, including exhibits, constitutes the entire License between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This License may only be amended by written instrument signed by authorized representatives of the City and Licensee. Attachment C 4 Backup Power and Energy Management Services EXECUTED this day of 2025. Exergy Energy LLC ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed before me on , 2025, by on behalf of said Limited Liability Company. Notary Public's Signature ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Nick Winkelmann Interim Chief Operating Officer Corpus Christi Water Approved as to legal form: 2025 Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § Attachment C 5 Backup Power and Energy Management Services This instrument was acknowledged before me by means of an interactive two-way audio and video communication on , 20257 by Nick Winkelmann, P.E., as the Interim Chief Operating Officer for Corpus Christi Water of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. This notarial act was an online notarization of an electronic signature. Notary Public's Signature Attachment C 6 Backup Power and Energy Management Services EXHIBIT A - LOCATION FOR EQUIPMENT INSTALLATION Attachment C 7 Backup Power and Energy Management Services EXHIBIT B PLAN VIEW SHOWING EQUIPMENT DIMENSIONS Attachment C 8 Backup Power and Energy Management Services EXHIBIT C Insurance Requirements 1.1 Licensee must not commence performance under the License until all required insurance has been obtained and such insurance has been approved by the City. 1.2 Licensee must furnish to the Director of Engineering Services with the signed agreement a 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 policy, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with 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: $1,000,000Aggregate 1. Commercial Broad Form 2. Premises —Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 1.3 In the event of accidents of any kind related to the License, Licensee must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Licensee shall obtain and maintain in full force and effect for the duration of the License, and any extension thereof, at Licensee'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- VI I. 1.5 Licensee is 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. Licensee 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Licensee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 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; Attachment C 9 Backup Power and Energy Management Services 1.6.2 Provide 30 calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 1.7 Within five calendar days of a suspension, cancellation or non-renewal of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Licensee'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 the License. 1.8 Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's performance covered by the License. 1.9 It is agreed that Licensee'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. 1.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Attachment C 10 Backup Power and Energy Management Services •�•...:- EXHIBIT D City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: STREET ADDRESS: P.O. BOX: CITY: STATE: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Consultant Attachment C 1 1 Backup Power and Energy Management Services Attachment C 12 Backup Power and Energy Management Services FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Attachment C 13 Backup Power and Energy Management Services Schedule 1 - Equipment Retention Fee Contractor understands and agrees that the Equipment Retention Fee is subject to the appropriation of funds by the City's governing body in the City's fiscal year in which it accrues; provided that,to the extent any such funds have not been appropriated, the Director of Corpus Christi Water will use commercially reasonable efforts to promptly pursue and obtain the appropriation of such funds in such time period. Month 34 $15,692,732 70 $9,377,445 106 $3,064,174 of Fee 35 $15,517,281 71 $9,202,048 107 $2,888,835 Term aE $15,341,832 22 $9,026,653 10 $2,713,498 1 $21,483,417 aZ $15,166,384 ZQ $8,851,260 IM $2,538,163 2 $21,307,919 38 j $14,990,938 74 $8,675,868 110 $2,362,829 3 $21,132,422 39 $14,815,493 75 $8,500,478 111 $2,187,497 4 $20,956,927 40 $14,640,049 76 $8,325,090 112 $2,012,166 5 $20,781,434 41 $14,464,607 ZZ $8,149,703 11Q $1,836,838 S $20,605,941 42 $14,289,167 78 $7,974,317 114 $1,661,511 Z $20,430,450 43 $14,113,728 79 $7,798,933 115 $1,486,185 $ $20,254,961 44 $13,938,290 80 $7,623,551 116 $1,310,862 9 $20,079,473 45 $13,762,854 81 $7,448,170 117 $1,135,540 10 $19,903,986 46 $13,587,420 82 $7,272,791 118 $960,219 11 $19,728,501 47 $13,411,987 83 $7,097,413 119 $784,901 12 $19,553,017 4$ $13,236,555 $4 $6,922,037 124 $1 13 $19,377,534 49 $13,061,125 $L $6,746,663 14 $19,202,053 50 $12,885,697 86 $6,571,290 15 $19,026,573 51 $12,710,269 87 $6,395,919 16 $18,851,095 52 $12,534,844 88 $6,220,550 17 $18,675,618 5a $12,359,420 $2 $6,045,182 18 $18,500,143 54 $12,183,997 90 $5,869,815 19 $18,324,669 55 $12,008,576 91 $5,694,450 20 $18,149,196 56 $11,833,157 92 $5,519,087 21 $17,973,725 57 $11,657,739 93 $5,343,726 22 $17,798,256 58 $11,482,322 94 $5,168,366 23 $17,622,787 59 $11,306,908 95 $4,993,007 24 $17,447,321 60 $11,131,494 96 $4,817,651 25 $17,271,855 61 $10,956,082 97 $4,642,296 26 $17,096,391 62 $10,780,672 98 $4,466,942 2Z $16,920,929 63 $10,605,263 99 $4,291,590 2$ $16,745,468 64 $10,429,856 100 $4,116,240 22 $16,570,008 65 $10,254,450 101 $3,940,892 aQ $16,394,550 66 $10,079,046 102 $3,765,545 al $16,219,093 67 $9,903,643 103 $3,590,200 a2 $16,043,638 68 $9,728,242 104 $3,414,856 33 $15,868,185 69 $9,552,843 105 $3,239,514 Schedule 1 1 Backup Power and Energy Management Services CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Nicholas J. Winkelmann P.E. Interim Chief Operating Officer NickW(ucorpuschristitx.gov 361-826-1796 Treated Water Supply Contract and Water Rights Lease agreement between the City of Corpus Christi and Nueces County Water Control and Improvement District No. 3 CAPTION: Resolution authorizing a three-year Treated Water Supply contract with the Nueces County Water Control and Improvement District No. 3 (District) to supply District up to three million gallons per day (mgd) and provide interconnection reimbursement up to $1,736,000.00 and authorizing a Water Rights Lease agreement for five mgd of District's water rights to City. SUMMARY: The contract establishes a framework for a Treated Water Supply that will allow the District to receive treated water from the City during drought conditions, while also providing mutual benefits related to water rights and infrastructure. BACKGROUND AND FINDINGS: The City of Corpus Christi is the regional wholesale provider of untreated and treated water under its Certificate of Convenience and Necessity (CCN No. 10554). Nueces County Water Control and Improvement District No. 3 (CCN No. 10571) provides treated water to customers in its service area. Both entities rely on the Nueces River Basin as a primary source of supply, with the City also drawing from Lake Texana and Colorado River via the Mary Rhodes pipeline. Prolonged drought conditions have significantly reduced flows in the Nueces River Basin, creating risks to the District's ability to meet customer demand. To address these risks, the City and the District have developed a Treated Water Supply contract outlining a framework for cooperation. The contract includes a construction of an interconnection between the City's and District's systems at 14353 Cooperation Avenue in Robstown. This facility will include a 16-inch line connection and a 300,000-gallon ground storage tank, designed and constructed under District oversight with City review. The District will own and maintain the facility, while the City will reimburse construction costs estimated at $1,736,000. The Treated Water Supply Contract, subject to governing body approval, would allow the City to provide up to 3 million gallons per day (MGD) of treated water to the District. In exchange, the District will lease 5 MGD of its senior water rights in the Nueces River Basin to the City for the contract term. The agreement also establishes conditions under which the District may access treated water at no cost during emergency drought conditions, specifically when the City reaches Action Level 3 under its TCEQ Temporary Water Use Permit and the District's water quality exceeds 1,000 mg/L total dissolved solids. This cooperative arrangement strengthens regional water reliability, ensures continuity of service for District customers during drought, and provides the City with access to additional senior water rights. ALTERNATIVES: The alternative would be for the city not to enter into a contract and water rights lease agreement with the Nueces County Water Control and Improvement District No. 3. FISCAL IMPACT: In FY26, the proposed contract is anticipated to result in a City reimbursement to the District for construction of the interconnection facility, in an amount estimated at $1,736,000, funded through Water Capital funds. Because this capital expenditure was not included in the adopted FY26 capital budget, the NCWCID #3 Interconnect project will be added to the FY26 Capital Improvement Plan. No budget amendment is necessary as Corpus Christi Water will allocate available FY26 budgeted project savings from the Sand Dollar 16-inch line construction project—which generated $2,432,328 in cost savings—to fully fund the interconnection between the City and the District. Funding Detail: Fund: 4492 —Water 2025 CIP Organization/Activity: 89 — Capital & Grants Department: 45 - Water Project# (CIP Only): 26052 — NCWCID#3 Interconnection Account: 540290 —Outside agency exp RECOMMENDATION: Staff recommends the approval of the contract and water rights lease agreement. LIST OF SUPPORTING DOCUMENTS: Treated Water Supply Contract Water Rights Lease Agreement Presentation 1 TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 THE STATE OF TEXAS § COUNTY OF NUECES § This Contract for the supply of treated water, made as of this day of November, 2025, by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation,whose address is P.O. Box 9277, Corpus Christi, Texas 78469-9277, and acting through its duly authorized City Manager,or the City Manager's designee("City Manager"),which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial customers, and Nueces County Water Control and Improvement District No. 3 ("District"), a water control and improvement district and political subdivision of the State of Texas, whose address is 501 East Main Avenue, Robstown, Texas 78380, which owns a water supply distribution system serving water users within the area described in its Certificate of Convenience and Necessity, acting by and through its duly authorized Representative ("District Representative"). This Contract is the only agreement of the parties relating to the sale, delivery, and use of treated water. Any prior understandings or written or oral agreements between the parties relating to the sale and use of treated water are superseded by this contract. Whereas,the District wants to construct or have constructed an interconnection between the water delivery system of the City and the water supply delivery system of the District for the purpose of the District receiving treated water for resale from the City in the event the District determines that it can no longer provide treated water to its residential, commercial and industrial customers because of draught conditions that affect the District's source of water used to supply treated water to its customers; Whereas, the City's source of raw water is the Nueces River Basin and water from Lake Texana carried through the Mary Rhodes pipeline to the treatment facilities of the City; Whereas,the District's source of raw water is the Nueces River Basin; Whereas,the City is supplementing its Nueces River Basin with water from wells along the Nueces River pursuant to a three-year Temporary Water Use Permit No. 14124 which was granted on August 7, 2025 by the Texas Commission on Environmental Quality ("TCEQ"); Now, therefore, in consideration of the above recitals and the mutual promises, covenants, and agreements in the Contract, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 2 1. Term. The term of this Contract shall be 3 years from the Effective Date The parties may mutually agree by written agreement to extend this Contract for additional 3 year terms. During any extension period, the terms and conditions of this Contract shall remain in force and effect. 2. Construction of Interconnect. a. The District will construct or have constructed with materials provided by the District, an interconnection between the water delivery systems of the City and the water supply delivery system of the District for the purpose of the District receiving treated water for resale from the City(the"interconnection")_. The interconnection will include a connection to the City's existing 16-inch water line and the District's existing 12-inch water transmission line at the Delivery Point and include the piping and a ground storage tank capable of holding up to 300,000 gallons of water. The design of the project as well as the supervision of the construction will be conducted by the District. The City will have an opportunity to review plans and also to participate in the District's RFP/bid process to select a contractor. b. The District will be responsible for the permitting as well as the cost of the labor and materials to complete the project. The project will be constructed in a manner such that the City can take treated water from the District should the City deem it necessary. C. Attached as Exhibit A is the District's Preliminary Estimate of Probable Construction Costs for the interconnection. 3. Use and Quantity of Water. a. Subject to availability, the City agrees to sell potable treated water, meeting applicable Federal and State standards,to the District and allow the District to resell treated water for residential, municipal and industrial purposes in such quantity as may be required by District, but not exceeding a total of 3,000,000 gallons per day at such time as the District Representative, the District Manager or designee, notifies City Representative,the City Director of Water Utilities or designee, in writing 10 days in advance that it can no longer provide treated water to its residential, commercial and industrial customers because of drought conditions that affect the District's source of water used to supply treated water to its customers. The District will discontinue receiving water under this Contract at such time as the District's Representative determines that there is an adequate source of water available to the District to meet the treated water needs of the District's residential, commercial and industrial customers. b. City will continue to provide treated water pursuant to the terms of this Contract until such time as the District Representative notifies the City Representative in writing 10 days in advance that the District has determined that there is an adequate source of water available to the District to meet the treated water demands of the District's residential and commercial customers. C. Notwithstanding anything to the contrary contained herein, the City will consider the City's planned needs, the needs of its other water customers, and the needs of other communities in the region before committing to the delivery of any treated water to the District. 3 4. Delivery Point. a. Title to and possession of the treated water passes to the District at Delivery Point. The City will deliver the treated water to a delivery point located at 14353 Cooperation Avenue in the City of Robstown,Nueces County, Texas (the "Delivery Point"). b. The treated water will be delivered at the minimum operating pressure required by the Texas Commission on Environmental Quality ("TCEQ"). 5. Measurement of Treated Water. a. The treated water delivered under this Contract must be measured in U.S. standard gallons by a suitable water meter or meters to be installed and maintained by the City at the Delivery Point, which shall be accurate within 2%, either plus or minus. The City's Director of Water Operations may specify the type of meter or meters to be used and the installation design of the meter or meters. Checks as to the accuracy of the meter or meters will be conducted annually by the Director of Water Operations, at the District's sole expense. The City's Director of Water Operations will notify District's Representative in writing 10 days in advance of all annual checks and tests in order that District may have a representative present as a witness. If District's Representative fails for any reason to be present for a check, the City may nevertheless proceed with the test and the City's findings shall be conclusive. The City shall notify District of the results if the District Representative is not present. (1) If either the City's Director of Water Operations or District's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by the City. (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. (3) If, on any test, the meter tested is found to be inaccurate by an amount exceeding 2%, either plus or minus, then any previous readings of the meter will be credited for any period of inaccurate measurement, but no credit will extend back over a period beginning more than 30 days prior to the time when the inaccuracy was first made known by either party to the other. (4) If, for any reason, the meter or meters are out of service so that the volume of treated water delivered cannot be ascertained or computed, the treated water delivered during the period the meter or meters are out of service will be estimated by the City's Director of Water Operations, in consultation, with District's Representative, upon the basis of the best data available. b. The City will read the meter or meters on or about the last day of each month and will determine from these readings the amount of treated water delivered to the District. All meter readings will be made available to District's Representative during the City's reasonable office hours. 6. Price of Treated Water. a. The price to be charged for treated water sold by the City to the District is the 4 published Resale for Treated Water Rates established by City ordinance, including the monthly minimum charge for a treated water customer, plus the raw water cost adjustment ("RWCA") which are in effect at the time of delivery. A copy of the most recent water rate and raw water cost adjustment ordinance has been provided to the District.. The ordinance is subject to change at the sole discretion of the Corpus Christi City Council. City's Director of Water Operations will provide District's Representative with a copy of any modifications to the ordinance. b. hi no event may any provision in this Contract be interpreted to exempt the District from any ordinance passed by the City Council. The District shall not take any action to dispute or protest the City's water rates. C. In consideration for the lease of the water rights of the District as provided herein, the cost for water shall be net zero for water provided by the City to the District when both of the following conditions are in effect: (1)Action Level 3 is in effect and (2) District's total dissolved solids (TDS) reading at the District's Water Treatment Plant is greater than 1,000/mg/l. Action Level 3 is described in the attached Exhibit C and further described in the Temporary Water Use Permit No. 14124. 7. Billing. a. All treated water taken in any one calendar month will be billed between the first and tenth of the next succeeding calendar month, and District will pay the bill within 10 days of receipt of the bill. Any clerical error in the bill or question regarding the bill is not sufficient grounds to delay payment by District to the City. Any adjustments in the amount paid as a result of the agreement will be added to or deducted from the following month's bill. Any failure by the District to pay the monthly billing within 30 days after the billing date is a "default" under this Contract. In the event it becomes necessary to collect the charges,through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If the District fails to pay its water bills, the City, at its discretion, may terminate this Contract in its entirety, require the payment in advance of each monthly water bill based on District's previous bill plus a deposit, as a condition to furnishing treated water to District, or avail itself of any other legal remedy. 8. Restrictions on Resale. Other than to existing wholesale water suppliers, District is strictly prohibited from selling the treated water obtained under this Contract to any customer for resale of the water to others. 9. Alternative Supplies. a.Nothing in this Contract prohibits the District from obtaining treated water from sources other than the City. b. Before District commingles waters from different sources within its distribution system, District shall notify City's Director of Water Operations. The City's Director of Water Operations may require District to install an appropriate backflow prevention device at all 5 points where District's water distribution system connects with the City's water distribution system. Failure to install the backflow prevention device is a"default"under this Contract. 10. Water Rights. a. It is mutually agreed and understood that Lake Corpus Christi and Choke Canyon Reservoir waters, any currently developed ground water, water acquired by the City from the Lavaca-Navidad River Authority, and other future waters, whether surface waters or ground waters, obtained by the City, which are not under Contract to others, and which are owned by the City,may be used to supply water during the time this Contract remains in force. b. This Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and other municipal and industrial consumers outside its city limits. C. Subject to Section 13, Water Conservation and Drought Contingency Measures, and subject to the City's obligations under any Agreed Orders, or any Environmental Protection Agency ("EPA") or Texas Commission on Environmental Quality ("TCEQ") requirements or standards, to be interpreted and determined solely by the City, the City binds and obligates itself, however, to take the necessary actions within its power and to make the necessary applications to obtain whatever additional water rights as may be necessary to adequately meet the needs of its existing contracts, this Contract, and any future contractual obligations of the City, and, if requested by the City, District shall support the City's action, in the manner requested by the City. d. It is also mutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission on Environmental Quality("TCEQ"), any successor agency, or any other regulatory authority that may have jurisdiction over the matters. e. District agrees to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire or amend its water rights or provide water to the District and other customers,unless such action would adversely affect the District. E City agrees to support any District requests to TCEQ or other regulatory authorities for permission to distribute treated water purchased by District from the City under this Contract. g. Notwithstanding the foregoing subsections, District agrees to support and not oppose City's applications to TCEQ for Perpetual and/or additional Temporary Water Use Permits to convey groundwater to the Nueces River. 11. District's Storage and pumping Requirements. a. Any storage facilities must be built and maintained to standards adopted by the TCEQ, or any other regulatory authority. b. Pump intakes connected directly to the District's water lines or Corpus Christi's supply main are prohibited. C. The transmission and distribution piping construction and operation downstream 6 from the City's meters serving District shall meet the requirements of the TCEQ; Rural Development, United States Department of Agriculture; and any other governmental agency having jurisdiction. If there is a conflict between standards, the most stringent standards shall apply. d. District shall institute a program to control unaccounted for water losses consistent with the requirements of the City, as directed by the Director of Water Operations. The Director of Water Operations may request, at any time,that District submit its Water Loss Control Program for approval. Within 30-days of such request, District shall submit to the Director of Water Operations a plan of action for instituting a Control Program, approval of which the City shall not unreasonably withhold. The failure of District to comply with this section of the Contract is a "default" under section 16 of this Contract. The parties agree to confer and coordinate to assist District, in District's efforts to ensure that its Water Loss Program is consistent with the City's requirements. District agrees that Corpus Christi has the right to inspect its system at any and all times during normal business hours. If District's system or any portion thereof does not meet TCEQ's standards for an interim rural water supply, District shall bring its system, or any portion of its system, up to TCEQ's standards. 12. Corpus Christi's Right to Sell Treated Water. The City, with the express written consent of the Board of Directors of the District, retains the right to sell treated water at points and to customers located within and outside District's service area in District's Certificate of Convenience and Necessity, consistent with applicable law. The City shall not execute any plans for new service extensions within District's service area unless and until it obtains the Board of Directors of the District's consent to provide said service. 13. Water Conservation and Drought Contingency Measures. a. District acknowledges the terms of the Agreed Order of April 5, 2001, which amended the operational procedures relating to Special Condition 5.13, Certificate of Adjudication No. 21-3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. District recognizes that the Agreed Order and Certificate of Adjudication may be amended in the future. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, District agrees that during the term of this contract, it shall have in effect a water conservation and drought management plan consistent with the City's plan,including any changes adopted by the City. District also agrees to bind future customers and its existing customers upon contract renewals to develop and have in effect a water conservation and drought management plan consistent with the City plan. b. If the City implements any measures under its Water Conservation and Drought Contingency Plans, adopted under Chapter 55 Article XII of the Code of Ordinances for the City of Corpus Christi, District shall within 30 days of notice of any changes to the plan or the implementation of any restrictions, surcharges, or rationing by the City, impose similar restrictions,surcharges,or rationing measures on its customers.Any contract for the resale of water furnished by District shall contain a similar condition. If for whatever reason District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, District, or its customer, shall reduce its consumption of water from the system by the amounts set forth in the Corpus Christi Drought Contingency Plan adopted by the City Council on the 18th day of March, 2025. C. If for whatever reason the District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, but relies upon other sources of water for all or a portion of its water requirements, District, or its customer, agrees not to request an increase in the amount of water being diverted from the City system should District's, or its customer's, other source(s) of water fail to continue to yield the amounts of water anticipated. d. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City,District will comply with the stricter method of rationing water. e. District shall furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures within the applicable jurisdiction. If for whatever reason District, or its customer, is unable or unwilling to impose the required restrictions, surcharges,or rationing measures,the City may audit the records of District to ensure that District or its customer has reduced its deliveries by the amount required by this section. £ The failure of District to comply with this section of the Contract is a "default" under this Contract and grounds for termination by the City. g. Upon District's failure to cure a default of this section,the City has provided District with written notice of the default and an opportunity to cure within a period of not less 30 days,the City is authorized to reduce its deliveries of water to District if District or its customer has not, in the sole opinion of the City, adequately imposed restrictions under this section of the Contract. 14. Force Majeure. If the City or District is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of circumstances both beyond its reasonable control and unforeseeable, including any act of God, unavoidable accident, acts of enemies, fires, floods, rationing, governmental restraint or regulation, other causes of force majeure, then the obligations of City or District, as provided in this Contract, are temporarily suspended during continuation of the force majeure. This section does not extend to any default or failure to perform due to labor shortages or strikes or economic hardship. If a parry's delay in performance is excused under this section,the delay will only be for the period the party was actually delayed in performance by the event outside of its reasonable control. No damage is recoverable by District from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of the causes, the City will promptly notify District's Representative in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 8 15. District's Right to Terminate. If District's need for water from the City should cease for a period of at least 30 days, District may, by giving 30 days written notice to City, by certified mail, terminate this Contract in its entirety. If District actually gives the City written notice, then, in that event this Contract expires 30 days from the date the notice is mailed to City and this Contract and all of its provisions shall become null and void except that District will continue to support the City's applications described in Section 10.g. 16. Remedies Upon Default. a. If either party determines that the other party is in default under this Contract, the party claiming default by the other parry shall give written notice to the other party, which states specifically the nature of the default and the remedy for the default that the party intends to seek. The notice must be mailed to the defaulting parry at the address provided in Section 20 of this Contract. The defaulting parry has or will have thirty (30) days in which to cure the default, or if the default cannot be reasonably cured within the thirty(30)day period,the defaulting party shall use reasonable efforts to undertake to cure the default within the thirty (30)day period. If the defaulting party does not cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within thirty (30) days, or if the default cannot be reasonably cured within the thirty(30)day period, or if the defaulting party does not use reasonable efforts to undertake to cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within the thirty (30) day period, the parry claiming default may seek any remedy available at law or equity, including an action in mandamus or for specific performance. In addition, in the event of District's noncompliance with 6.b.regarding water rates or Section 10.g. regarding District's support for City's applications, the City reserves the right to issue an invoice to District for reimbursement of the amounts paid by the City for the interconnection, and District agrees to pay such invoice within 30 days of City's written demand. b. No waiver of any breach or default by any party or of performance may be deemed a waiver in the future, nor may any waiver be deemed or construed to be waiver of subsequent breach or default of any kind, character, or description, under any circumstances. C. However, the right to cure a default may not prevent the City from enforcing Section 13 of this Contract if the City has imposed water conservation measures upon its residents. 17. Assignment. This Contract may not be assigned by District without the prior written consent of the governing body of the City,which consent will not be unreasonably withheld,unless the assignment would alter or restrict the City's rights under this Contract. Notwithstanding the above and forgoing, the City agrees that District may pledge this Contract as security for a loan with the United States Department of Agriculture, Rural Development Division,to be used for the installation of water lines within the certificated area of District as set forth in its Certificate of Convenience and Necessity issued by the Public Utility Commission of Texas. 18. Lease of Priority Rights to the water in the Nueces River Basin. The District has priority rights to water in the Nueces River Basin.As consideration for this contract,including but not limited to,the permitting and construction of the infrastructure necessary for the City to provide a supply of treated water, the District has executed the Water Rights Lease Agreement (attached as Exhibit C) in which District agrees to lease 5 million gallons per day of its water rights in the 9 Nueces River Basin to the City. As consideration for the leasing of the District's water rights the City agree to reimburse the District for all costs for the interconnection, not to exceed $1,736,000.00 incurred by the District in permitting, designing, bidding and constructing the infrastructure necessary to complete the interconnect. The District will bill the City on a monthly basis as the cost are incurred and City will reimburse the District within 60 days of receipt of the billing. 19. Authority to Execute. Both parties represent that the individual signing this Contract on behalf of each of the parties has been duly authorized to execute this Contract by proper ordinance or resolution of its governing body (e.g., the City's City Council and District's Board of Directors), and certified copies of the authorizations have been provided to the other party for attachment to this Contract. The City's authorization shall be Exhibit D, and District's authorization shall be Exhibit EF. 20. Notices and Addresses. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective parry indicated below: City of Corpus Christi Water Department Attn.: Director of Water Systems 2426 Holly Road Corpus Christi, Texas 78415 Phone: (361) 826-1689 Fax: (361) 826-4326 Nueces County Water Control and Improvement District No. 3 Attn.: District Manager 501 East Main Avenue Robstown, Texas 78380 Phone: (361) 387-4549 21. Regulatory Agencies. District and City agree that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any amendments thereto. 22. Periodic Review of Contract Provisions. District and the City agree to review the terms and conditions set forth herein every three (3) years to determine whether or not a change in circumstances may require an amendment to this agreement. If a party determines that a change in circumstances requires an amendment then,in that event,the parry recommending the amendment shall notify the other party in writing of the proposed amendment. The receiving party shall then have a period of thirty (30)days to review the proposed amendment and to advise,in writing either its acceptance of the proposed amendment, its objections to the proposed amendment or an offer of a counterproposal. 10 23. Severability. In case any one or more provisions contained in this Contract is for any reason held to be invalid,Illegal, or unenforceable in any respect,the invalidity, illegality, or unenforceability does not affect any other provision of this Contract,and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Contract. 24. Captions. All titles of the sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 25. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized Representative or agent of each of the parties to this Contract. 26. Parties at Interest. This Contract is for the sole and exclusive benefit of the parties and shall never be construed to confer any benefit on any third parry. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 27. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 28. Venue. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 29. Exhibits.The following documents are attached and incorporated into this Contract: Exhibit A—District's Preliminary Estimate of Probable Construction Cost Exhibit B —Action Level 3 criteria from TCEQ Temporary Water Use Permit No. 14124 Exhibit C —Water Rights Lease Agreement Exhibit D - City Authorization to Execute this Agreement Exhibit E—District Authorization to Execute this Agreement 30. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. This Contract takes effect on date of last signature ("Effective Date"). 31. All Agreements Contained in this Written Instrument. This Contract represents the entire agreement between the District and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts; each executed copy shall be considered as an original, by their respective duly authorized Representatives, to be effective on the Effective Date, the date of last signature. 11 NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 Ram Alejandro President ATTEST: Joey Rodriquez Secretary Approved as to legal form this day of Charles W. Zahn, Jr. District's Attorney ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , by Ram Alejandro, President, Nueces County Water Control and Improvement District No. 3, a water control and improvement district, on behalf of said district. NOTARY PUBLIC—STATE OF TEXAS 12 THE CITY OF CORPUS CHRISTI, TEXAS Name: Title: ATTEST: Rebecca Huerta City Secretary Approved as to legal form this day of Lisa Aguilar Assistant City Attorney ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of by for Corpus Christi Water for the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC—STATE OF TEXAS EXHIBIT A ARDURRA Date: August 20,202$ TBPE Finn No.F- Q053 Estimate.By:VN and GA Project:NCWcJb0-Task Order#8-Einergemy Water System Interoonneot improvements Project No:2026-0964-00 PRELIMINARY ESTIMATE OF BA CONSTRUCTIONi NCWCID#3 !#8-EMERGENCY WATER SYSTEM INTERCONNECT ITEM. DESORiPTI[Off w UNIT uNI- PRIcE 1't TAI P> I.cl: 1 SITE GRADING 1 1 LS $ 25 000.00 $ 25,000.00 300,000 GALLON GROUND'STORAGE TANK, 2 FOUNDATION &EARTHWORK 1 LS $ 720,000.00 $ 720;000.00 3 12"WATERLINE C900 PVC 66 1 LF $ 160.00 $ _ 8,250,00 4 12"-90 BEND 1 EA $ 2,000.00 $ 2,000.00 5 16"WATERLINE C900 PVC 1564 LF 186.00 287 490.0 6 16"-90e BEND 1 EA $ 2 500:00 $ 2 500.00 7 16"-45° BEND 4 EA $ 2 600:00 $_ 10000.00 8 16" 11.25" BEND 1 EA $ 2 600`:00 2500,00 9 16"X 12"REDUCER 1 EA $ 2 600.00 2,600,00 10 16"X 16"X 16"TEE 1 EA $ 5000.00 $ $000.00 11 16"TAPPING SLEEVE AND VALVE 1 EA 35 000.00 35 000.00 12 16""BORE 66 LF $ 675.00 $ 37125:00 13 LEVEL CONTROL AND PRESSURE SUSTAINING 1 LS $ 180,000.00 $ 180000.00' VALVE/PIPING CONFIGURATION BACKFLOW AND FLOW METER VALVE t PIPING 14 CONFIGURATION 1 LS $ 210,000.00 .$ 2101000.00 SCADA SYSTEM&POST INJECTION 1 AL $ 50,000.00 $ 50,000.00 15 IMPROVEMENTS :0 1 ` 1701 EST .`. 58 QQi it" CONSTRUCTION SU5,TDT A ;DT> Q S . t F,736 ti0i?:tiQ Notes; 1. Estimated construction prices are based on recent and historical data on local projects in the area.and casts are in 2026 dollars. Costs should be escalated 5%per year to midpoint of construction if delayed. THIS DOCUMENT IS RELEASED FOR INFORMATIONAL PURPOSES UNDER THE AUTHORITY OF GRADY&ATKINSON,P.E.#115461.ARDURRA GROUP,INC.,TOPE FIRM NO.F-10053 ON 8 29 2025. THIS DOCUMENT IS NOT INTENDED70 BE USED FOR t CONSTRUCTION,BIDDING,PERMIT OR OTHER UNAUTHORIZED PURPOSES, i r i I f y a i 1 1 EXHIBIT B ACTION LEVEL 3 UNDER TCEQ TEMPORARY WATER USE PERMIT NO. 14124 Instruments B, C, and/or D 8-hour average TDS or increased 4-hour TDS averages > 1,000 mg/L AND 40%+greater than A. As seen in Figure below, instrument"A"will be deployed approximately 100' upstream of the first discharge to monitor current river conditions while instrument"B"will be positioned 50' downstream of CCW—Well 1 discharge, Instrument"C"will be placed 50' downstream of CCW- Well 5 discharge, and Instrument"D"will be located approximately 300' downstream of the discharge location of CCW—Well 2, CCW—Well 3, CCW—Well 6, and CCW—Well 7. f A5 ti ,Ec�t a Sy�9 5t® 33&" EXHIBIT C STATE OF TEXAS § COUNTY OF NUECES § Water Rights Lease Agreement This Water Rights Lease Agreement ("Lease") is made and entered into this day of , 2025 (the "Commencement Date"), by and between Nueces County Water Control and Improvement District No. 3, a conservation and reclamation district created and existing under Article XVI, Section 59 of the Texas Constitution and the laws of the State of Texas ("Lessor"), and the City of Corpus Christi, a home-rule municipal corporation organized, existing, and operating under the laws of the State of Texas and its City Charter ("Lessee") (Lessor and Lessee are each a "Party", and collectively are "Parties"). RECITALS WHEREAS, Lessor is the exclusive owner of Certificate of Adjudication No. 21-2466, as amended, which is a run-of-river right to divert and use not to exceed 11,546 acre feet of water per year from the perimeter of Calallen Reservoir on the Nueces River,Nueces River Basin, at a maximum diversion rate of 60.4 cubic feet per second ("cfs") (27,109 gallons per minute), for agricultural, municipal, and industrial uses within Lessor's service area in Nueces County( "COA 2466"); and WHEREAS, of the total diversion volume and diversion rate authorized by COA 2466, a maximum volume of 8,6o6 acre feet per year, and a diversion rate of 45.4 cfs, are subject to a February 7, 19o9 priority date (the "Senior Authorization"), with the remaining 2,94o acre feet, and 15 cfs, subject to a January 28, 1921 priority date (the "Junior Authorization") (together, the "Diversion Authorization"); and WHEREAS, Lessee and Lessor have agreed to enter into the [WATER SUPPLY AGREEMENT] dated , 2025, that includes certain commitments of each Party regarding, among other things, the provision of water under specified conditions ("WSA"); and WHEREAS, Lessee desires to lease from Lessor a certain portion of the Senior Authorization and ancillary rights. In exchange for the obligations in the WSA, Lessor desires to lease to Lessee that certain portion of the Senior Authorization and ancillary rights in COA 2466 described more particularly in the terms and conditions described below. WATER RIGHTS LEASE AGREEMENT BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI NOW, THEREFORE, in consideration of the mutual covenants and obligations contained in this Lease, the execution of the WSA, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Article I. LEASE OF WATER RIGHTS 1.1 Lessee's Leased Rights. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the exclusive right to divert and use a total annual volume not to exceed 3,006 acre feet per year out of the Senior Authorization, and 2,594 acre feet per year out of the Junior Authorization (the combination being the approximate equivalent to five million gallons per day), subject to the terms and conditions set forth in this Lease (the "Leased Water Right"). 1.2 Lessor's Retained Rights. Lessor reserves and retains for itself all rights not expressly granted to Lessee in the Leased Water Rights, including without limitation the exclusive right to divert and use 5,600 acre feet per year out of the Senior Authorization, and 346 acre feet per year out of the Junior Authorization (the "Retained Water Right"). 1.3 Exclusions from Leased Water Right. This Lease is made save and except all easements, restrictive covenants, and other matters of record affecting the Leased Water Right as of the Commencement Date. Lessee accepts the Leased Water Right subject to such recorded matters, provided they do not materially interfere with Lessee's permitted use. Additionally, Lessee acknowledges that the Leased Water Right does not include the right to divert at any of Lessor's diversion locations expressly authorized in COA 2466. Lessee acknowledges that none of Lessor's diversion facilities, including mechanical pumps, electrical rooms, pipes, storage tanks, and any other facility used to divert pursuant to COA 2466 are part of the Leased Water Right and that Lessor may access and use any such facility at any time without notice. 1.4 Reserved Diversion Rate. Lessee may divert any of the volume in the Leased Water Right at a diversion rate that does not interfere with Lessor's authorized diversions under COA 2466. 1.5 Permitted Use and Compliance. Lessee shall exercise the Leased Water Right only in accordance with the terms and conditions of COA 2466 and applicable law. Lessee shall otherwise comply with all applicable federal, state, and local laws,rules,regulations, and orders, including but not limited to those promulgated by the Texas Commission on Environmental Quality, relating to the diversion, use, and conservation of water under COA 2466. 1.6 Leased Water Right Diversions. Lessee may divert the authorized volumes of the Leased Water Right at one or more authorized points along the perimeter of the Calallen Reservoir, as authorized by Certificate of Adjudication No. 21-2464, as amended. Lessee is solely responsible, at its own cost and expense, for the construction, installation, WATER RIGHTS LEASE AGREEMENT 2 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI operation, maintenance, repair, and removal of any facilities necessary for the diversion and use of water under the Leased Water Rights. All such facilities shall comply with applicable laws, rules, and regulations. 1.7 Recordkeeping and Reporting. Lessee shall install and maintain, at its own cost and expense, accurate metering devices to measure the amount of water diverted under the Leased Water Rights. Lessee shall maintain accurate records of its diversion and use of water under the Leased Water Rights. It is Lessee's responsibility to coordinate diversions and management of the Leased Water Rights with the South Texas Watermaster. 1.8 Appointment of Agent. Coterminous with the execution of this Lease, Lessor will finalize and file with the South Texas Watermaster, with a courtesy copy to Lessee, the Appointment of Agent form. Article II. TERM AND RENEWAL 2.1 Initial Term. The initial term of this Lease is three (3) years, beginning on the Commencement Date and ending on the third anniversary of the Commencement Date (the "Initial Term"), unless renewed or earlier terminated as provided below. 2.2 Renewal Term.This Lease automatically renews for successive three(3)year terms (each a "Renewal Term") unless, at least one hundred eighty (18o) days before to the expiration of the then-current term, the City provides written notice to the other Party of its intent to discontinue the Lease(the Initial Term and any Renewal Term each constitute the "Lease Term"). Article III. CONSIDERATION 3.1 Lease Payment. On or before the first day of January in each year of the Lease Term, Lessee will pay Lessor an annual rental payment in an amount equal to the South Texas Watermaster's assessment of costs attributable to the diversion volume of the Leased Water Right ("Lease Payment"). 3.2 Additional Consideration. In addition to the Lease Payment, the Parties will maintain the WSA during the Lease Term as consideration for this Lease. In the event of termination of the WSA, either Party may terminate this Lease early as otherwise provided for below. Article IV. REPRESENTATIONS AND WARRANTIES 4.1 Lessor Representations and Warranties. Lessor represents and warrants to Lessee that Lessor is the lawful owner of COA 2466 and has the right and authority to lease the Leased Water Rights to Lessee. Lessor further represents and warrants to Lessee that: a. COA 2466 is in full force and effect, and Lessor has not received any notice of any proceeding to cancel, modify, or restrict COA 2466; WATER RIGHTS LEASE AGREEMENT 3 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI b. COA 2466 is free and clear of all liens, encumbrances, contractual obligations, and other matters affecting title; C. the execution, delivery, and performance of this Lease by Lessor does not violate any agreement, instrument,judgment, order, or decree to which Lessor is a party or by which Lessor or COA 2466 are bound; and d. there are no pending or, to Lessor's knowledge, threatened notices of violation, actions, suits, or proceedings affecting COA 2466 or Lessor's ability to perform its obligations under this Lease 4.2 Lessee Representations and Warranties. Lessee represents and warrants that Lessee has full right, power, and authority to enter into and perform this Lease with Lessor. Lessee further warrants that: a. the execution, delivery, and performance of this Lease by Lessee does not violate any agreement, instrument,judgment, order, or decree to which Lessee is a party or by which Lessee is bound; b. Lessee's use of COA 2466 will comply with all applicable laws, rules, and regulations; and C. there are no pending or,to Lessee's knowledge,threatened actions, suits, or proceedings affecting Lessee's ability to perform its obligations under this Lease. Article V. TERMINATION 5.1 Early Termination. Either Party may terminate this Lease before the Lease Term expires if any of the following events occurs: a. material breach of this Lease by the other Party that remains uncured for thirty (3o) days after receipt of written notice from the non-breaching Party specifying the breach in reasonable detail; b. any governmental authority, including but not limited to the Texas Commission on Environmental Quality, issues an order or takes other action that materially impairs or prohibits either Party from diverting or using water under COA 2466 for a period exceeding ninety(go) consecutive days; or C. on mutual written agreement of the Parties. 5.2 Termination for Convenience due to termination of the WSA. In addition to the termination rights set forth above, either Party may terminate this Lease for convenience due to termination of the WSA upon one hundred eighty(18o) days' prior written notice to the other Party;provided, however,that such termination will not be effective until the WATER RIGHTS LEASE AGREEMENT 4 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI end of the then-current calendar year to minimize disruption to water planning and usage. 5.3 Effect of Early Termination. If the Lease terminates early: a. Lessee must immediately cease diversion and use of water under the Leased Water Rights; and b. Lessee remains liable for all payments due and owing to Lessor, if any, for periods before the date of termination. 5.4 Refund of Lease Payments. If early termination occurs during a period for which Lessee has paid the Lease Payment, Lessor shall refund to Lessee the prorated portion of such payment for the period after the effective date of termination, unless termination is due to Lessee"s material breach. 5.5 Notice of Termination. Any notice of termination given pursuant to this section must be in writing and delivered in accordance with the notice requirements below. Such notice shall specify the provision of this Lease pursuant to which termination is being effected and the date of termination. 5.6 No Waiver. Termination of this Lease will not waive any rights or remedies that a Party may have under this Lease or applicable law with respect to any breach or default occurring prior to the date of termination. 5.7 Surrender of Water Rights. Upon the expiration or earlier termination of this Lease, Lessee automatically surrenders the Leased Water Rights to Lessor without demand. Lessee shall execute and deliver to Lessor any documents reasonably requested by Lessor to evidence the termination of this Lease and Lessee's surrender the Leased Water Rights. This provision survives the expiration or early termination of this Lease. 5.8 Force Majeure. Neither Party shall be liable for any failure or delay in performing its obligations under this Lease if a failure or delay is due to causes beyond the reasonable control of such Party,including but not limited to acts of God, natural disasters,fire,flood, epidemic, war, terrorism, riot, civil commotion, governmental actions or restrictions, or labor disputes; provided, however, that the affected Party shall use reasonable efforts to mitigate the effects of such force majeure event and shall promptly notify the other Party of the occurrence and termination of such event. Article VI. NOTICE 6.1 Methods of Notice. All notices, requests, demands, and other communications required or permitted under this Lease must be in writing and will be deemed to have been duly given if (a) delivered personally, (b) sent by overnight courier with tracking capability, or (d) sent by email. 6.2 Addresses for Notice. WATER RIGHTS LEASE AGREEMENT 5 Of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI If to Lessor: Nueces County WCID No. 3 [ADDRESS] Attention: [NAME/TITLE] Telephone: [NUMBER] Email: [EMAIL] If to Lessee: City of Corpus Christi [ADDRESS] Attention: [NAME/TITLE] Telephone: [NUMBER] Email: [EMAIL] 6.3 Change of Address. Either Party may change its address for notices by giving written notice of such change to the other Party in the manner provided in this section. Article VII. MISCELLANEOUS 7.1 Recitals Incorporated. The recitals set forth above, and the attached exhibits, are true and correct. They are incorporated into this Lease by this reference as if they each had been set forth in the body of this instrument in their entirety. 7.2 Amendments. This Lease may be amended only by a written modification of terms of the Lease, duly executed by each Party. 7.3 Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law provisions. 7.4 Place of Performance. This Lease is executed and fully performable in Nueces County, Texas. 7.5 Entire Agreement.This Lease constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. 7.6 Waiver. No waiver of any provision of this Lease shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. No waiver of any breach of this Lease shall be construed as a waiver of any subsequent breach. 7.7 Severability. If any provision of this Lease is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. WATER RIGHTS LEASE AGREEMENT 6 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI 7.8 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Digital signatures will be considered original signatures for all purposes. 7.9 No Third-Party Beneficiaries. This Lease is for the sole benefit of the Parties and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or does confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Lease. 7.10 Relationship of the Parties. Nothing in this Lease shall be construed as creating a partnership,joint venture, employment relationship, or agency relationship between the Parties, or as authorizing either Party to act as agent for the other. 7.11 Further Assurances. Each party shall execute and deliver such additional documents and instruments and take such further actions as may be reasonably necessary or appropriate to effectuate the provisions and purposes of this Lease. 7.12 Headings. The headings in this Lease are for reference only and shall not affect the interpretation of this Lease. IN WITNESS WHEREOF, the parties have executed this Water Rights Lease Agreement as indicated by the signatures on the following page. WATER RIGHTS LEASE AGREEMENT 7 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI LESSOR: NUECES COUNTY WCID NO. 3, a water control and improvement district By: NAME TITLE Date: Attest: LESSEE: CITY OF CORPUS CHRISTI, a home-rule municipal corporation By: NAME TITLE Date: Attest: WATER RIGHTS LEASE AGREEMENT 8 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI Resolution approving a three-year Treated Water Supply contract with the Nueces County Water Control and Improvement District No. 3 (District) to supply District up to three million gallons per day (mgd) and provide interconnection reimbursement up to $1,736,000.00, and approving Water Rights Lease agreement for five mgd of District's water rights to City. Whereas, the City is the regional water provided under its Certificate of Convenience and Necessity (CCN No. 10554); Whereas, the District holds CCN No. 10571 and provides treated water to customers in its service area; Whereas, the District has need for access to treated water supply during times of drought; Whereas, an additional capital project will be added to the Capital Improvement Plan for an interconnection between the District and the City's treated water supply; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager and designee the Chief Operating Officer for Corpus Christi Water are each authorized to execute a three-year Treated Water Supply Contract, in substantial form as attached, with the Nueces County Water Control and Improvement District No. 3. A copy of the fully executed contract will be filed in the office of the City Secretary. The contract provides for supply of up to three million gallons of treated water per day (mgd) to the District, and for an interconnection between the District and the City's treated water supply, with the City to provide up to $1,736,000.00 for the interconnection. The contract provides for price of the treated water to be at no cost when the following conditions are in effect: Action Level 3 from the TCEQ Temporary Water Use Permit No. 14124 is in effect and the District's Total Dissolved Solids reading at the District's Water Treatment Plant is greater than 1 ,000 mg/L. The contract provides a Water Rights Lease Agreement for the District to lease 5 mgd of its water rights to the City. This resolution takes effect upon City Council approval on this the day of , 2026. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor 1 TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 THE STATE OF TEXAS § COUNTY OF NUECES § This Contract for the supply of treated water, made as of this day of , 2026, by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469-9277, and acting through its duly authorized City Manager, or the City Manager's designee ("City Manager"), which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial customers, and Nueces County Water Control and Improvement District No. 3 ("District"), a water control and improvement district and political subdivision of the State of Texas, whose address is 501 East Main Avenue, Robstown, Texas 78380, which owns a water supply distribution system serving water users within the area described in its Certificate of Convenience and Necessity, acting by and through its duly authorized Representative ("District Representative"). This Contract is the only agreement of the parties relating to the sale, delivery, and use of treated water. Any prior understandings or written or oral agreements between the parties relating to the sale and use of treated water are superseded by this contract. Whereas,the District wants to construct or have constructed an interconnection between the water delivery system of the City and the water supply delivery system of the District for the purpose of the District receiving treated water for resale from the City in the event the District determines that it can no longer provide treated water to its residential, commercial and industrial customers because of draught conditions that affect the District's source of water used to supply treated water to its customers; Whereas, the City's source of raw water is the Nueces River Basin and water from Lake Texana carried through the Mary Rhodes pipeline to the treatment facilities of the City; Whereas, the District's source of raw water is the Nueces River Basin; Whereas,the City is supplementing its Nueces River Basin with water from wells along the Nueces River pursuant to a three-year Temporary Water Use Permit No. 14124 which was granted on August 7, 2025 by the Texas Commission on Environmental Quality ("TCEQ"); Now, therefore, in consideration of the above recitals and the mutual promises, covenants, and agreements in the Contract, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 2 1. Term. The term of this Contract shall be 3 years from the Effective Date The parties may mutually agree by written agreement to extend this Contract for additional 3 year terms. During any extension period, the terms and conditions of this Contract shall remain in force and effect. 2. Construction of Interconnect. a. The District will construct or have constructed with materials provided by the District, an interconnection between the water delivery systems of the City and the water supply delivery system of the District for the purpose of the District receiving treated water for resale from the City(the"interconnection")_. The interconnection will include a connection to the City's existing 16-inch water line and the District's existing 12-inch water transmission line at the Delivery Point and include the piping and a ground storage tank capable of holding up to 300,000 gallons of water. The design of the project as well as the supervision of the construction will be conducted by the District. The City will have an opportunity to review plans and also to participate in the District's RFP/bid process to select a contractor. b. The District will be responsible for the permitting as well as the cost of the labor and materials to complete the project. The project will be constructed in a manner such that the City can take treated water from the District should the City deem it necessary. The District will own, maintain and repair the interconnection. C. Attached as Exhibit A is the District's Preliminary Estimate of Probable Construction Costs for the interconnection. 3. Use and Quantity of Water. a. Subject to availability, the City agrees to sell potable treated water, meeting applicable Federal and State standards,to the District and allow the District to resell treated water for residential, municipal and industrial purposes in such quantity as may be required by District, but not exceeding a total of 3,000,000 gallons per day at such time as the District Representative, the District Manager or designee, notifies City Representative,the City Director of Water Utilities or designee, in writing 10 days in advance that it can no longer provide treated water to its residential, commercial and industrial customers because of drought conditions that affect the District's source of water used to supply treated water to its customers. The District will discontinue receiving water under this Contract at such time as the District's Representative determines that there is an adequate source of water available to the District to meet the treated water needs of the District's residential, commercial and industrial customers. b. City will continue to provide treated water pursuant to the terms of this Contract until such time as the District Representative notifies the City Representative in writing 10 days in advance that the District has determined that there is an adequate source of water available to the District to meet the treated water demands of the District's residential and commercial customers. C. Notwithstanding anything to the contrary contained herein, the City will consider the City's planned needs, the needs of its other water customers, and the needs of other communities in the region before committing to the delivery of any treated water to the District. 3 4. Delivery Point. a. Title to and possession of the treated water passes to the District at Delivery Point. The City will deliver the treated water to a delivery point located at 14353 Cooperation Avenue in the City of Robstown,Nueces County, Texas (the "Delivery Point"). b. The treated water will be delivered at the minimum operating pressure required by the Texas Commission on Environmental Quality ("TCEQ"). 5. Measurement of Treated Water. a. The treated water delivered under this Contract must be measured in U.S. standard gallons by a suitable water meter or meters to be installed and maintained by the City at the Delivery Point, which shall be accurate within 2%, either plus or minus. The City's Director of Water Operations may specify the type of meter or meters to be used and the installation design of the meter or meters. Checks as to the accuracy of the meter or meters will be conducted annually by the Director of Water Operations, at the District's sole expense. The City's Director of Water Operations will notify District's Representative in writing 10 days in advance of all annual checks and tests in order that District may have a representative present as a witness. If District's Representative fails for any reason to be present for a check, the City may nevertheless proceed with the test and the City's findings shall be conclusive. The City shall notify District of the results if the District Representative is not present. (1) If either the City's Director of Water Operations or District's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by the City. (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. (3) If, on any test, the meter tested is found to be inaccurate by an amount exceeding 2%, either plus or minus, then any previous readings of the meter will be credited for any period of inaccurate measurement, but no credit will extend back over a period beginning more than 30 days prior to the time when the inaccuracy was first made known by either party to the other. (4) If, for any reason, the meter or meters are out of service so that the volume of treated water delivered cannot be ascertained or computed, the treated water delivered during the period the meter or meters are out of service will be estimated by the City's Director of Water Operations, in consultation, with District's Representative,upon the basis of the best data available. b. The City will read the meter or meters on or about the last day of each month and will determine from these readings the amount of treated water delivered to the District. All meter readings will be made available to District's Representative during the City's reasonable office hours. 6. Price of Treated Water. a. The price to be charged for treated water sold by the City to the District is the 4 published Resale for Treated Water Rates established by City ordinance, including the monthly minimum charge for a treated water customer, plus the raw water cost adjustment ("RWCA") which are in effect at the time of delivery. A copy of the most recent water rate and raw water cost adjustment ordinance has been provided to the District.. The ordinance is subject to change at the sole discretion of the Corpus Christi City Council. City's Director of Water Operations will provide District's Representative with a copy of any modifications to the ordinance. b. hi no event may any provision in this Contract be interpreted to exempt the District from any ordinance passed by the City Council. The District shall not take any action to dispute or protest the City's water rates. C. In consideration for the lease of the water rights of the District as provided herein, the cost for water shall be net zero for water provided by the City to the District when both of the following conditions are in effect: (1)Action Level 3 is in effect and (2) District's total dissolved solids (TDS) reading at the District's Water Treatment Plant is greater than 1,000/mg/l. Action Level 3 is described in the attached Exhibit C and further described in the Temporary Water Use Permit No. 14124. 7. Billing. a. All treated water taken in any one calendar month will be billed between the first and tenth of the next succeeding calendar month, and District will pay the bill within 10 days of receipt of the bill. Any clerical error in the bill or question regarding the bill is not sufficient grounds to delay payment by District to the City. Any adjustments in the amount paid as a result of the agreement will be added to or deducted from the following month's bill. Any failure by the District to pay the monthly billing within 30 days after the billing date is a "default" under this Contract. In the event it becomes necessary to collect the charges,through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If the District fails to pay its water bills, the City, at its discretion, may terminate this Contract in its entirety, require the payment in advance of each monthly water bill based on District's previous bill plus a deposit, as a condition to furnishing treated water to District, or avail itself of any other legal remedy. 8. Restrictions on Resale. Other than to existing wholesale water suppliers, District is strictly prohibited from selling the treated water obtained under this Contract to any customer for resale of the water to others. 9. Alternative Supplies. a.Nothing in this Contract prohibits the District from obtaining treated water from sources other than the City. b. Before District commingles waters from different sources within its distribution system, District shall notify City's Director of Water Operations. The City's Director of Water Operations may require District to install an appropriate backflow prevention device at all 5 points where District's water distribution system connects with the City's water distribution system. Failure to install the backflow prevention device is a"default"under this Contract. 10. Water Rights. a. It is mutually agreed and understood that Lake Corpus Christi and Choke Canyon Reservoir waters, any currently developed ground water, water acquired by the City from the Lavaca-Navidad River Authority, and other future waters, whether surface waters or ground waters, obtained by the City, which are not under Contract to others, and which are owned by the City,may be used to supply water during the time this Contract remains in force. b. This Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and other municipal and industrial consumers outside its city limits. C. Subject to Section 13, Water Conservation and Drought Contingency Measures, and subject to the City's obligations under any Agreed Orders, or any Environmental Protection Agency ("EPA") or Texas Commission on Environmental Quality ("TCEQ") requirements or standards, to be interpreted and determined solely by the City, the City binds and obligates itself, however, to take the necessary actions within its power and to make the necessary applications to obtain whatever additional water rights as may be necessary to adequately meet the needs of its existing contracts, this Contract, and any future contractual obligations of the City, and, if requested by the City, District shall support the City's action, in the manner requested by the City. d. It is also mutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission on Environmental Quality("TCEQ"), any successor agency, or any other regulatory authority that may have jurisdiction over the matters. e. District agrees to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire or amend its water rights or provide water to the District and other customers,unless such action would adversely affect the District. E City agrees to support any District requests to TCEQ or other regulatory authorities for permission to distribute treated water purchased by District from the City under this Contract. g. Notwithstanding the foregoing subsections, District agrees to support and not oppose City's applications to TCEQ for Perpetual and/or additional Temporary Water Use Permits to convey groundwater to the Nueces River. 11. District's Storage and pumping Requirements. a. Any storage facilities must be built and maintained to standards adopted by the TCEQ, or any other regulatory authority. b. Pump intakes connected directly to the District's water lines or Corpus Christi's supply main are prohibited. C. The transmission and distribution piping construction and operation downstream 6 from the City's meters serving District shall meet the requirements of the TCEQ; Rural Development, United States Department of Agriculture; and any other governmental agency having jurisdiction. If there is a conflict between standards, the most stringent standards shall apply. d. District shall institute a program to control unaccounted for water losses consistent with the requirements of the City, as directed by the Director of Water Operations. The Director of Water Operations may request, at any time,that District submit its Water Loss Control Program for approval. Within 30-days of such request, District shall submit to the Director of Water Operations a plan of action for instituting a Control Program, approval of which the City shall not unreasonably withhold. The failure of District to comply with this section of the Contract is a "default" under section 16 of this Contract. The parties agree to confer and coordinate to assist District, in District's efforts to ensure that its Water Loss Program is consistent with the City's requirements. District agrees that Corpus Christi has the right to inspect its system at any and all times during normal business hours. If District's system or any portion thereof does not meet TCEQ's standards for an interim rural water supply, District shall bring its system, or any portion of its system, up to TCEQ's standards. 12. Corpus Christi's Right to Sell Treated Water. The City, with the express written consent of the Board of Directors of the District,retains the right to sell treated water at points and to customers located within and outside District's service area in District's Certificate of Convenience and Necessity, consistent with applicable law. The City shall not execute any plans for new service extensions within District's service area unless and until it obtains the Board of Directors of the District's consent to provide said service. 13. Water Conservation and Drought Contingency Measures. a. District acknowledges the terms of the Agreed Order of April 5, 2001, which amended the operational procedures relating to Special Condition 5.13, Certificate of Adjudication No. 21-3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. District recognizes that the Agreed Order and Certificate of Adjudication may be amended in the future. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, District agrees that during the term of this contract, it shall have in effect a water conservation and drought management plan consistent with the City's plan,including any changes adopted by the City. District also agrees to bind future customers and its existing customers upon contract renewals to develop and have in effect a water conservation and drought management plan consistent with the City plan. b. If the City implements any measures under its Water Conservation and Drought Contingency Plans, adopted under Chapter 55 Article XII of the Code of Ordinances for the City of Corpus Christi, District shall within 30 days of notice of any changes to the plan or the implementation of any restrictions, surcharges, or rationing by the City, impose similar restrictions,surcharges,or rationing measures on its customers.Any contract for the resale of water furnished by District shall contain a similar condition. If for whatever reason District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, District, or its customer, shall reduce its consumption of water from the system by the amounts set forth in the Corpus Christi Drought Contingency Plan adopted by the City Council on the 18th day of March, 2025. C. If for whatever reason the District, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, but relies upon other sources of water for all or a portion of its water requirements, District, or its customer, agrees not to request an increase in the amount of water being diverted from the City system should District's, or its customer's, other source(s) of water fail to continue to yield the amounts of water anticipated. d. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City,District will comply with the stricter method of rationing water. e. District shall furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures within the applicable jurisdiction. If for whatever reason District, or its customer, is unable or unwilling to impose the required restrictions, surcharges,or rationing measures,the City may audit the records of District to ensure that District or its customer has reduced its deliveries by the amount required by this section. £ The failure of District to comply with this section of the Contract is a "default" under this Contract and grounds for termination by the City. g. Upon District's failure to cure a default of this section,the City has provided District with written notice of the default and an opportunity to cure within a period of not less 30 days,the City is authorized to reduce its deliveries of water to District if District or its customer has not, in the sole opinion of the City, adequately imposed restrictions under this section of the Contract. 14. Force Majeure. If the City or District is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of circumstances both beyond its reasonable control and unforeseeable, including any act of God, unavoidable accident, acts of enemies, fires, floods, rationing, governmental restraint or regulation, other causes of force majeure, then the obligations of City or District, as provided in this Contract, are temporarily suspended during continuation of the force majeure. This section does not extend to any default or failure to perform due to labor shortages or strikes or economic hardship. If a parry's delay in performance is excused under this section,the delay will only be for the period the party was actually delayed in performance by the event outside of its reasonable control. No damage is recoverable by District from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of the causes, the City will promptly notify District's Representative in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 8 15. District's Right to Terminate. If District's need for water from the City should cease for a period of at least 30 days, District may, by giving 30 days written notice to City, by certified mail, terminate this Contract in its entirety. If District actually gives the City written notice, then, in that event this Contract expires 30 days from the date the notice is mailed to City and this Contract and all of its provisions shall become null and void except that District will continue to support the City's applications described in Section 10.g. 16. Remedies Upon Default. a. If either party determines that the other party is in default under this Contract, the party claiming default by the other parry shall give written notice to the other party, which states specifically the nature of the default and the remedy for the default that the party intends to seek. The notice must be mailed to the defaulting parry at the address provided in Section 20 of this Contract. The defaulting parry has or will have thirty (30) days in which to cure the default, or if the default cannot be reasonably cured within the thirty(30)day period,the defaulting party shall use reasonable efforts to undertake to cure the default within the thirty (30)day period. If the defaulting party does not cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within thirty (30) days, or if the default cannot be reasonably cured within the thirty(30)day period, or if the defaulting party does not use reasonable efforts to undertake to cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within the thirty (30) day period, the party claiming default may seek any remedy available at law or equity, including an action in mandamus or for specific performance. In addition, in the event of District's noncompliance with 6.b.regarding water rates or Section 10.g. regarding District's support for City's applications, the City reserves the right to issue an invoice to District for reimbursement of the amounts paid by the City for the interconnection, and District agrees to pay such invoice within 30 days of City's written demand. b. No waiver of any breach or default by any party or of performance may be deemed a waiver in the future, nor may any waiver be deemed or construed to be waiver of subsequent breach or default of any kind, character, or description, under any circumstances. C. However, the right to cure a default may not prevent the City from enforcing Section 13 of this Contract if the City has imposed water conservation measures upon its residents. 17. Assignment. This Contract may not be assigned by District without the prior written consent of the governing body of the City,which consent will not be unreasonably withheld,unless the assignment would alter or restrict the City's rights under this Contract. Notwithstanding the above and forgoing, the City agrees that District may pledge this Contract as security for a loan with the United States Department of Agriculture, Rural Development Division,to be used for the installation of water lines within the certificated area of District as set forth in its Certificate of Convenience and Necessity issued by the Public Utility Commission of Texas. 18. Lease of Priority Rights to the water in the Nueces River Basin. The District has priority rights to water in the Nueces River Basin.As consideration for this contract,including but not limited to,the permitting and construction of the infrastructure necessary for the City to provide a supply of treated water, the District has executed the Water Rights Lease Agreement (attached as Exhibit C) in which District agrees to lease 5 million gallons per day of its water rights in the 9 Nueces River Basin to the City. As consideration for the leasing of the District's water rights the City agree to reimburse the District for all costs for the interconnection, not to exceed $1,736,000.00 incurred by the District in permitting, designing, bidding and constructing the infrastructure necessary to complete the interconnect. The District will bill the City on a monthly basis as the cost are incurred and City will reimburse the District within 60 days of receipt of the billing. 19. Authority to Execute. Both parties represent that the individual signing this Contract on behalf of each of the parties has been duly authorized to execute this Contract by proper ordinance or resolution of its governing body (e.g., the City's City Council and District's Board of Directors), and certified copies of the authorizations have been provided to the other party for attachment to this Contract. The City's authorization shall be Exhibit D, and District's authorization shall be Exhibit EF. 20. Notices and Addresses. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective parry indicated below: City of Corpus Christi Water Department Attn.: Director of Water Systems 2426 Holly Road Corpus Christi, Texas 78415 Phone: (361) 826-1689 Fax: (361) 826-4326 Nueces County Water Control and Improvement District No. 3 Attn.: District Manager 501 East Main Avenue Robstown, Texas 78380 Phone: (361) 387-4549 21. Regulatory Agencies. District and City agree that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any amendments thereto. 22. Periodic Review of Contract Provisions. District and the City agree to review the terms and conditions set forth herein every three (3) years to determine whether or not a change in circumstances may require an amendment to this agreement. If a party determines that a change in circumstances requires an amendment then,in that event,the parry recommending the amendment shall notify the other party in writing of the proposed amendment. The receiving party shall then have a period of thirty (30)days to review the proposed amendment and to advise,in writing either its acceptance of the proposed amendment, its objections to the proposed amendment or an offer of a counterproposal. 10 23. Severability. In case any one or more provisions contained in this Contract is for any reason held to be invalid,Illegal, or unenforceable in any respect,the invalidity, illegality, or unenforceability does not affect any other provision of this Contract,and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Contract. 24. Captions. All titles of the sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 25. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized Representative or agent of each of the parties to this Contract. 26. Parties at Interest. This Contract is for the sole and exclusive benefit of the parties and shall never be construed to confer any benefit on any third parry. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 27. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 28. Venue. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 29. Exhibits. The following documents are attached and incorporated into this Contract: Exhibit A—District's Preliminary Estimate of Probable Construction Cost Exhibit B —Action Level 3 criteria from TCEQ Temporary Water Use Permit No. 14124 Exhibit C —Water Rights Lease Agreement Exhibit D - City Authorization to Execute this Agreement Exhibit E—District Authorization to Execute this Agreement 30. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. This Contract takes effect on date of last signature ("Effective Date"). 31. All Agreements Contained in this Written Instrument. This Contract represents the entire agreement between the District and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts; each executed copy shall be considered as an original, by their respective duly authorized Representatives, to be effective on the Effective Date, the date of last signature. 11 NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 Ram Alejandro President ATTEST: Joey Rodriquez Secretary Approved as to legal form this day of Charles W. Zahn, Jr. District's Attorney ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2026 by Ram Alejandro, President, Nueces County Water Control and Improvement District No. 3, a water control and improvement district, on behalf of said district. NOTARY PUBLIC—STATE OF TEXAS 12 THE CITY OF CORPUS CHRISTI, TEXAS Name: Title: ATTEST: Rebecca Huerta City Secretary Approved as to legal form this day of Lisa Aguilar Assistant City Attorney ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of by for Corpus Christi Water for the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC—STATE OF TEXAS EXHIBIT A ARDURRA Date: August 20,202$ TBPE Finn No.F- Q053 Estimate.By:VN and GA Project:NCWcJb0-Task Order#8-Einergemy Water System Interoonneot improvements Project No:2026-0964-00 PRELIMINARY ESTIMATE OF BA CONSTRUCTIONi NCWCID#3 !#8-EMERGENCY WATER SYSTEM INTERCONNECT ITEM. DESORiPTI[Off w UNIT uNI- PRIcE 1't TAI P> I.cl: 1 SITE GRADING 1 1 LS $ 25 000.00 $ 25,000.00 300,000 GALLON GROUND'STORAGE TANK, 2 FOUNDATION &EARTHWORK 1 LS $ 720,000.00 $ 720;000.00 3 12"WATERLINE C900 PVC 66 1 LF $ 160.00 $ _ 8,250,00 4 12"-90 BEND 1 EA $ 2,000.00 $ 2,000.00 5 16"WATERLINE C900 PVC 1564 LF 186.00 287 490.0 6 16"-90e BEND 1 EA $ 2 500:00 $ 2 500.00 7 16"-45° BEND 4 EA $ 2 600:00 $_ 10000.00 8 16" 11.25" BEND 1 EA $ 2 600`:00 2500,00 9 16"X 12"REDUCER 1 EA $ 2 600.00 2,600,00 10 16"X 16"X 16"TEE 1 EA $ 5000.00 $ $000.00 11 16"TAPPING SLEEVE AND VALVE 1 EA 35 000.00 35 000.00 12 16""BORE 66 LF $ 675.00 $ 37125:00 13 LEVEL CONTROL AND PRESSURE SUSTAINING 1 LS $ 180,000.00 $ 180000.00' VALVE/PIPING CONFIGURATION BACKFLOW AND FLOW METER VALVE t PIPING 14 CONFIGURATION 1 LS $ 210,000.00 .$ 2101000.00 SCADA SYSTEM&POST INJECTION 1 AL $ 50,000.00 $ 50,000.00 15 IMPROVEMENTS :0 1 ` 1701 EST .`. 58 QQi it" CONSTRUCTION SU5,TDT A ;DT> Q S . t F,736 ti0i?:tiQ Notes; 1. Estimated construction prices are based on recent and historical data on local projects in the area.and casts are in 2026 dollars. Costs should be escalated 5%per year to midpoint of construction if delayed. THIS DOCUMENT IS RELEASED FOR INFORMATIONAL PURPOSES UNDER THE AUTHORITY OF GRADY&ATKINSON,P.E.#115461.ARDURRA GROUP,INC.,TOPE FIRM NO.F-10053 ON 8 29 2025. THIS DOCUMENT IS NOT INTENDED70 BE USED FOR t CONSTRUCTION,BIDDING,PERMIT OR OTHER UNAUTHORIZED PURPOSES, i r i I f y a i 1 1 EXHIBIT B ACTION LEVEL 3 UNDER TCEQ TEMPORARY WATER USE PERMIT NO. 14124 Instruments B, C, and/or D 8-hour average TDS or increased 4-hour TDS averages> 1,000 mg/L AND 40%+greater than A. As seen in Figure below, instrument"A"will be deployed approximately 100' upstream of the first discharge to monitor current river conditions while instrument"B"will be positioned 50' downstream of CCW—Well 1 discharge, Instrument"C"will be placed 50' downstream of CCW- Well 5 discharge, and Instrument"D"will be located approximately 300' downstream of the discharge location of CCW—Well 2, CCW—Well 3, CCW—Well 6, and CCW—Well 7. f A5 5` a Sy�9 5t® 33&" EXHIBIT C STATE OF TEXAS § COUNTY OF NUECES § Water Rights Lease Agreement This Water Rights Lease Agreement ("Lease") is made and entered into this day of , 2026 (the "Commencement Date"), by and between Nueces County Water Control and Improvement District No. 3, a conservation and reclamation district created and existing under Article XVI, Section 59 of the Texas Constitution and the laws of the State of Texas ("Lessor"), and the City of Corpus Christi, a home-rule municipal corporation organized, existing, and operating under the laws of the State of Texas and its City Charter ("Lessee") (Lessor and Lessee are each a "Party", and collectively are "Parties"). RECITALS WHEREAS, Lessor is the exclusive owner of Certificate of Adjudication No. 21-2466, as amended, which is a run-of-river right to divert and use not to exceed 11,546 acre feet of water per year from the perimeter of Calallen Reservoir on the Nueces River,Nueces River Basin, at a maximum diversion rate of 60.4 cubic feet per second ("cfs") (27,109 gallons per minute), for agricultural, municipal, and industrial uses within Lessor's service area in Nueces County( "COA 2466"); and WHEREAS, of the total diversion volume and diversion rate authorized by COA 2466, a maximum volume of 8,6o6 acre feet per year, and a diversion rate of 45.4 cfs, are subject to a February 7, 19o9 priority date (the "Senior Authorization"), with the remaining 2,94o acre feet, and 15 cfs, subject to a January 28, 1921 priority date (the "Junior Authorization") (together, the "Diversion Authorization"); and WHEREAS, Lessee and Lessor have agreed to enter into the [WATER SUPPLY AGREEMENT] dated , 2026, that includes certain commitments of each Party regarding, among other things, the provision of water under specified conditions ("WSA"); and WHEREAS, Lessee desires to lease from Lessor a certain portion of the Senior Authorization and ancillary rights. In exchange for the obligations in the WSA, Lessor desires to lease to Lessee that certain portion of the Senior Authorization and ancillary rights in COA 2466 described more particularly in the terms and conditions described below. WATER RIGHTS LEASE AGREEMENT BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI NOW, THEREFORE, in consideration of the mutual covenants and obligations contained in this Lease, the execution of the WSA, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Article I. LEASE OF WATER RIGHTS 1.1 Lessee's Leased Rights. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the exclusive right to divert and use a total annual volume not to exceed 3,006 acre feet per year out of the Senior Authorization, and 2,594 acre feet per year out of the Junior Authorization (the combination being the approximate equivalent to five million gallons per day), subject to the terms and conditions set forth in this Lease (the "Leased Water Right"). 1.2 Lessor's Retained Rights. Lessor reserves and retains for itself all rights not expressly granted to Lessee in the Leased Water Rights, including without limitation the exclusive right to divert and use 5,600 acre feet per year out of the Senior Authorization, and 346 acre feet per year out of the Junior Authorization (the "Retained Water Right"). 1.3 Exclusions from Leased Water Right. This Lease is made save and except all easements, restrictive covenants, and other matters of record affecting the Leased Water Right as of the Commencement Date. Lessee accepts the Leased Water Right subject to such recorded matters, provided they do not materially interfere with Lessee's permitted use. Additionally, Lessee acknowledges that the Leased Water Right does not include the right to divert at any of Lessor's diversion locations expressly authorized in COA 2466. Lessee acknowledges that none of Lessor's diversion facilities, including mechanical pumps, electrical rooms, pipes, storage tanks, and any other facility used to divert pursuant to COA 2466 are part of the Leased Water Right and that Lessor may access and use any such facility at any time without notice. 1.4 Reserved Diversion Rate. Lessee may divert any of the volume in the Leased Water Right at a diversion rate that does not interfere with Lessor's authorized diversions under COA 2466. 1.5 Permitted Use and Compliance. Lessee shall exercise the Leased Water Right only in accordance with the terms and conditions of COA 2466 and applicable law. Lessee shall otherwise comply with all applicable federal, state, and local laws,rules,regulations, and orders, including but not limited to those promulgated by the Texas Commission on Environmental Quality, relating to the diversion, use, and conservation of water under COA 2466. 1.6 Leased Water Right Diversions. Lessee may divert the authorized volumes of the Leased Water Right at one or more authorized points along the perimeter of the Calallen Reservoir, as authorized by Certificate of Adjudication No. 21-2464, as amended. Lessee is solely responsible, at its own cost and expense, for the construction, installation, WATER RIGHTS LEASE AGREEMENT 2 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI operation, maintenance, repair, and removal of any facilities necessary for the diversion and use of water under the Leased Water Rights. All such facilities shall comply with applicable laws, rules, and regulations. 1.7 Recordkeeping and Reporting. Lessee shall install and maintain, at its own cost and expense, accurate metering devices to measure the amount of water diverted under the Leased Water Rights. Lessee shall maintain accurate records of its diversion and use of water under the Leased Water Rights. It is Lessee's responsibility to coordinate diversions and management of the Leased Water Rights with the South Texas Watermaster. 1.8 Appointment of Agent. Coterminous with the execution of this Lease, Lessor will finalize and file with the South Texas Watermaster, with a courtesy copy to Lessee, the Appointment of Agent form. Article II. TERM AND RENEWAL 2.1 Initial Term. The initial term of this Lease is three (3) years, beginning on the Commencement Date and ending on the third anniversary of the Commencement Date (the "Initial Term"), unless renewed or earlier terminated as provided below. 2.2 Renewal Term.This Lease automatically renews for successive three(3)year terms (each a "Renewal Term") unless, at least one hundred eighty (18o) days before to the expiration of the then-current term, the City provides written notice to the other Party of its intent to discontinue the Lease(the Initial Term and any Renewal Term each constitute the "Lease Term"). Article III. CONSIDERATION 3.1 Lease Payment. On or before the first day of January in each year of the Lease Term, Lessee will pay Lessor an annual rental payment in an amount equal to the South Texas Watermaster's assessment of costs attributable to the diversion volume of the Leased Water Right ("Lease Payment"). 3.2 Additional Consideration. In addition to the Lease Payment, the Parties will maintain the WSA during the Lease Term as consideration for this Lease. In the event of termination of the WSA, either Party may terminate this Lease early as otherwise provided for below. Article IV. REPRESENTATIONS AND WARRANTIES 4.1 Lessor Representations and Warranties. Lessor represents and warrants to Lessee that Lessor is the lawful owner of COA 2466 and has the right and authority to lease the Leased Water Rights to Lessee. Lessor further represents and warrants to Lessee that: a. COA 2466 is in full force and effect, and Lessor has not received any notice of any proceeding to cancel, modify, or restrict COA 2466; WATER RIGHTS LEASE AGREEMENT 3 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI b. COA 2466 is free and clear of all liens, encumbrances, contractual obligations, and other matters affecting title; C. the execution, delivery, and performance of this Lease by Lessor does not violate any agreement, instrument,judgment, order, or decree to which Lessor is a party or by which Lessor or COA 2466 are bound; and d. there are no pending or, to Lessor's knowledge, threatened notices of violation, actions, suits, or proceedings affecting COA 2466 or Lessor's ability to perform its obligations under this Lease 4.2 Lessee Representations and Warranties. Lessee represents and warrants that Lessee has full right, power, and authority to enter into and perform this Lease with Lessor. Lessee further warrants that: a. the execution, delivery, and performance of this Lease by Lessee does not violate any agreement, instrument,judgment, order, or decree to which Lessee is a party or by which Lessee is bound; b. Lessee's use of COA 2466 will comply with all applicable laws, rules, and regulations; and C. there are no pending or,to Lessee's knowledge,threatened actions, suits, or proceedings affecting Lessee's ability to perform its obligations under this Lease. Article V. TERMINATION 5.1 Early Termination. Either Party may terminate this Lease before the Lease Term expires if any of the following events occurs: a. material breach of this Lease by the other Party that remains uncured for thirty (3o) days after receipt of written notice from the non-breaching Party specifying the breach in reasonable detail; b. any governmental authority, including but not limited to the Texas Commission on Environmental Quality, issues an order or takes other action that materially impairs or prohibits either Party from diverting or using water under COA 2466 for a period exceeding ninety(go) consecutive days; or C. on mutual written agreement of the Parties. 5.2 Termination for Convenience due to termination of the WSA. In addition to the termination rights set forth above, either Party may terminate this Lease for convenience due to termination of the WSA upon one hundred eighty(18o) days' prior written notice to the other Party;provided, however,that such termination will not be effective until the WATER RIGHTS LEASE AGREEMENT 4 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI end of the then-current calendar year to minimize disruption to water planning and usage. 5.3 Effect of Early Termination. If the Lease terminates early: a. Lessee must immediately cease diversion and use of water under the Leased Water Rights; and b. Lessee remains liable for all payments due and owing to Lessor, if any, for periods before the date of termination. 5.4 Refund of Lease Payments. If early termination occurs during a period for which Lessee has paid the Lease Payment, Lessor shall refund to Lessee the prorated portion of such payment for the period after the effective date of termination, unless termination is due to Lessee"s material breach. 5.5 Notice of Termination. Any notice of termination given pursuant to this section must be in writing and delivered in accordance with the notice requirements below. Such notice shall specify the provision of this Lease pursuant to which termination is being effected and the date of termination. 5.6 No Waiver. Termination of this Lease will not waive any rights or remedies that a Party may have under this Lease or applicable law with respect to any breach or default occurring prior to the date of termination. 5.7 Surrender of Water Rights. Upon the expiration or earlier termination of this Lease, Lessee automatically surrenders the Leased Water Rights to Lessor without demand. Lessee shall execute and deliver to Lessor any documents reasonably requested by Lessor to evidence the termination of this Lease and Lessee's surrender the Leased Water Rights. This provision survives the expiration or early termination of this Lease. 5.8 Force Majeure. Neither Party shall be liable for any failure or delay in performing its obligations under this Lease if a failure or delay is due to causes beyond the reasonable control of such Party,including but not limited to acts of God, natural disasters,fire,flood, epidemic, war, terrorism, riot, civil commotion, governmental actions or restrictions, or labor disputes; provided, however, that the affected Party shall use reasonable efforts to mitigate the effects of such force majeure event and shall promptly notify the other Party of the occurrence and termination of such event. Article VI. NOTICE 6.1 Methods of Notice. All notices, requests, demands, and other communications required or permitted under this Lease must be in writing and will be deemed to have been duly given if (a) delivered personally, (b) sent by overnight courier with tracking capability, or (d) sent by email. 6.2 Addresses for Notice. WATER RIGHTS LEASE AGREEMENT 5 Of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI If to Lessor: Nueces County WCID No. 3 [ADDRESS] Attention: [NAME/TITLE] Telephone: [NUMBER] Email: [EMAIL] If to Lessee: City of Corpus Christi [ADDRESS] Attention: [NAME/TITLE] Telephone: [NUMBER] Email: [EMAIL] 6.3 Change of Address. Either Party may change its address for notices by giving written notice of such change to the other Party in the manner provided in this section. Article VII. MISCELLANEOUS 7.1 Recitals Incorporated. The recitals set forth above, and the attached exhibits, are true and correct. They are incorporated into this Lease by this reference as if they each had been set forth in the body of this instrument in their entirety. 7.2 Amendments. This Lease may be amended only by a written modification of terms of the Lease, duly executed by each Party. 7.3 Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law provisions. 7.4 Place of Performance. This Lease is executed and fully performable in Nueces County, Texas. 7.5 Entire Agreement.This Lease constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. 7.6 Waiver. No waiver of any provision of this Lease shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. No waiver of any breach of this Lease shall be construed as a waiver of any subsequent breach. 7.7 Severability. If any provision of this Lease is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. WATER RIGHTS LEASE AGREEMENT 6 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI 7.8 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Digital signatures will be considered original signatures for all purposes. 7.9 No Third-Party Beneficiaries. This Lease is for the sole benefit of the Parties and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or does confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Lease. 7.10 Relationship of the Parties. Nothing in this Lease shall be construed as creating a partnership,joint venture, employment relationship, or agency relationship between the Parties, or as authorizing either Party to act as agent for the other. 7.11 Further Assurances. Each party shall execute and deliver such additional documents and instruments and take such further actions as may be reasonably necessary or appropriate to effectuate the provisions and purposes of this Lease. 7.12 Headings. The headings in this Lease are for reference only and shall not affect the interpretation of this Lease. IN WITNESS WHEREOF, the parties have executed this Water Rights Lease Agreement as indicated by the signatures on the following page. WATER RIGHTS LEASE AGREEMENT 7 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI LESSOR: NUECES COUNTY WCID NO. 3, a water control and improvement district By: NAME TITLE Date: Attest: LESSEE: CITY OF CORPUS CHRISTI, a home-rule municipal corporation By: NAME TITLE Date: Attest: WATER RIGHTS LEASE AGREEMENT 8 of 8 BETWEEN NUECES COUNTY WCID No.3 AND CITY OF CORPUS CHRISTI Treated Water Supply Contract and Water Rights Lease Agreement Nicholas J. Winkelmann, P. E. Interim Chief Operating Officer - Corpus Christi Water January 27, 2026 -- CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER Overview and Background Ordinance approving a three-year treated water supply contract between the City of Corpus Christi and the Nueces County Water Control and Improvement District No. ti 3 NCWCID#3 for treated water and a water rights lease agreement • City provides untreated and treated water to the region under its Certificate of Convenience and Necessity CCN No. 10554 • NCWCID#3 provides treated water to customers in its service area under CCN No. 10571 • Both entities rely on the Nueces River Basin as a primary source of supply • Prolonged drought conditions have significantly reduced flows in the Nueces River Basin, creating risks to NCWCID#3's ability to meet CITY OF CORPUS CHRISTI customer demand CORPUS CHRISTI z WATER OJU • Allows the City to provide up to 3 million gallons per day (MGD) of treated water to NCWCID#3 • Contract includes construction of an interconnection between the City's and • In exchange, NCWCID#3 will lease 5 MGD o NCWCID#3's systems in Robstown its senior water rights in the Nueces River • Facility includes a 16-inch line Basin to the City for the three-year contract connection and a 300,000-gallon term ground storage tank, designed and constructed under NCWCID#3 oversight with City review • Contract also establishes conditions under NCWCID#3 will own and maintain the which NCWCID#3 may access treated water facility, while the City will reimburse at no cost during emergency drought construction costs conditions • When the City reaches Action Level 3 under its TCEQ Texas Commission on Environmental Quality Temporary Water Use Permit • When NCWCID#3's water quality exceeds 1,000 mg/L total dissolved solids : . Fiscal Impact • Proposed contract is anticipated to result in a City reimbursement to NCWCID#3 for construction of the interconnection facility, in an amount estimated at $1,736,000, funded through Water Capital funds • Because this capital expenditure was not included in the adopted FY26 capital budget, the NCWCID#3 interconnect project will be added to the FY26 Capital Improvement Plan • No budget amendment is necessary as Corpus Christi Water will allocate available FY26 budgeted project savings from the Sand Dollar 16-inch line construction project—which generated $2,432,328 in cost savings—to fully fund the project Project Benefits and Staff Recommendation This cooperative arrangement strengthens regional water reliability, ensures continuity of service for NCWCID#3 customers during drought, and provides the City with access to additional senior water rights. Staff recommends the approval of the contract and water rights lease agreement. CITY OF CORPUS CHRISTI CORPUS CHRISTI 4 WATER CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 DATE: December 24, 2025 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BilIM(a)cctexas.com (361) 826-1801 Sergio Villasana, Director of Finance & Procurement SergioV2(a)cctexas.com (361) 826-3227 Overhaul Maintenance of TDW Equipment for Gas Operations CAPTION: Resolution authorizing a three-year service agreement with TDW (US), Inc., of Tulsa, Oklahoma, in an amount not to exceed $328,015.10 for overhaul maintenance of TDW equipment for the Gas Operations Department, with FY 2026 funding of $91 ,115.30 from the Gas Fund 4130. SUMMARY: This resolution authorizes a three-year service agreement for the overhaul maintenance of TDW equipment used by CCGAS. The agreement is designed to ensure the continued safe, efficient, and reliable operation of critical equipment through a comprehensive maintenance process that includes disassembly, inspection, repair or replacement of components, reassembly, and post- overhaul testing. The objective is to extend the equipment's operational lifespan, minimize downtime, and reduce the risk of unexpected failures. All services will be performed by certified mechanics with extensive experience working on TDW equipment and the qualifications necessary to carry out the required maintenance. BACKGROUND AND FINDINGS: TDW equipment is critical to the safe and efficient operation of CCGAS's gas distribution system. As the equipment ages, wear and outdated components begin to affect performance, increase maintenance needs, and raise concerns about long-term reliability. To maintain system integrity and meet operational standards, a proactive and structured maintenance solution is necessary. A comprehensive overhaul will address these issues by restoring the equipment to optimal conditions. This includes repairing worn parts, replacing obsolete components, and upgrading systems to improve functionality. These improvements will enhance safety, increase energy efficiency, and extend the equipment's service life, helping to prevent leaks, failures, and pressure inconsistencies. Choosing to overhaul existing equipment is a practical and financially responsible alternative to purchasing new units. This approach allows CCGAS to extend the life of its current assets, maintain reliable performance, and avoid the high costs associated with full replacement. Additionally, establishing clear documentation and tracking of maintenance activities will improve long-term planning, support preventive care, and ensure greater accountability in managing infrastructure. PROCUREMENT DETAIL: This procurement falls under the Local Government Codes, Section 252.022(a) (7) (A), as this item is available from only one source because of patents, copyrights, secret processes, or natural monopolies; there is a second statutory exemption for this procurement in the Local Government Code, Section 252.022(a)(7)(D), as these items are available from only one source as captive replacement parts or components for equipment; and there is a third statutory exemption for this procurement in the 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 TDW (US), Inc. provides Maintenance, Repair, and Overhaul (MRO) services for TDW-branded equipment. TDW's specialty products are exclusively designed and manufactured by TDW, ensuring optimal performance and compatibility. ALTERNATIVES: Maintaining the current equipment through standard servicing does not address the underlying issues caused by aging components and continued wear. This approach may result in increased failures, safety concerns, and higher long-term maintenance costs. Replacing the equipment entirely would introduce new systems with improved reliability, but it requires a significant financial investment and may disrupt operations during procurement and installation. Overhauling the existing equipment offers a practical and cost-effective solution. It restores performance, extends asset life, and enhances safety and efficiency while preserving infrastructure and minimizing operational impact. FISCAL IMPACT: The fiscal impact for Gas Operations (Fund 4130) in FY 2026 is not to exceed $91 ,115.30 with TDW (US), Inc., of Tulsa, Oklahoma for the overhaul maintenance of TDW equipment. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34130 Gas Construction Department: 11 Gas Distribution System Project # (CIP Only): N/A Account: 520130 Maintenance & Repairs Amount: $91 ,115.30 RECOMMENDATION: Staff recommends approval of this resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a three-year service agreement with TDW(US), Inc., of Tulsa, Oklahoma, in an amount not to exceed $328,015.10 for overhaul maintenance of TDW equipment for the Gas Operations Department, with FY 2026 funding of$91,115.30 from the Gas Fund. WHEREAS, the Gas Operations Department requires parts and overhaul maintenance services for specific TDW equipment used by the department, which equipment is critical in sustaining the department's operational reliability for providing services; 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)(7)(A), as these items are available from only one source because of patents, copyrights, secret processes, or natural monopolies; WHEREAS, there is a second statutory exemption for this procurement in the Local Government Code, Section 252.022(a)(7)(D), as these items are available from only one source as captive replacement parts or components for equipment; and WHEREAS, there is a third statutory exemption for this procurement in the 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; therefore, 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 three-year service agreement with TDW (US), Inc., in the amount of $328.015.10, with FY 2026 funding of $91,115.30 from the Gas Fund. PASSED and APPROVED on the day of 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Price Sheet Service Agreement 6287 Overhaul Maintanance of TDW Equipment for Gas Operations Senior Buyer:Tracy Garza TDW US,INC TULSA,OK Maintenance, Maintenance, 1 st Yr.Total Unit Price Repair Calibration, 2nd Yr.Total 3rd Yr.Total Extended (Maintenance) Overhaul Alignment Paris 8 Maintenance Maintenance Total Item Qty Description MRO Parts MCA Parts Maintenance 1 2 MCAT203(MRO Year]) $4,124.00 $31,423.80 $62,847.60 $8,248.00 $8,248.00 $79,343.60 2 1 MCAT101(MRO Year 1) $726.00 $3,546.57 $3,546.57 $726.00 $726.00 $4,998.57 3 1 MCA T101 XL(MRO Year]) $726.00 $6,488.87 $6,488.87 $726.00 $726.00 $7,940.87 4 1 1 1MCA Shortcut Valve 2in.(MRO Year 1) $787.00 $1,652.30 $1,652.30 $787.00 $787.00 $3,226.30 5 9 MCA Shortcut Valve 4in.(MRO Year 1) $982.00 $1,945.32 $17,507.88 $8,838.00 $8,838.00 $35,183.88 6 3 Shortcutt Valve 4in:Year 1 Retention Plate Mod $990.00 $2970.00 $2970.00 8 5 MCAShortcutt Valve 8in.(Qty 5-MrO Year 1) $1,612.00 $2645.84 $1,612.00 $14,841.20 $9,672.00 $9,672.00 $34,185.20 9 2 MCAShortcutt Valve l2in.(Qty5-MrO Year 1) $2449.00 $3,019.65 $6,039.30 $4,898.00 $4,898.00 $15,835.30 10 2 MCA Completion Plugger Shortstopp 275(Qty 1-MRO Year 1) $1,284.00 $3,189.12 $1,284.00 $4,473.12 $2568.00 $2568.00 $9,609.12 11 2 MCAShortstopp II Plugging Machine 3X4in(Qty 2-MROYear 1) $1,262.00 $9,606.93 $1,262.00 $21,737.86 $5,048.00 $5,048.00 $31,833.86 12 2 MCA Shortstopp II Plugging Machine 47in(Qty 2-MRO Year 1) $1,054.00 $4,726.02 $1,054.00 $11,560.04 $4,216.00 $4,216.00 $19,992.04 13 1 MCAShortstopp II Plugging Machine 6in(Qty 2-MRO Year]) $1,054.00 $4,096.48 $4,096.48 $1,054.00 $1,054.00 $6,204.48 14 2 MCAShortstopp II Plugging Machine 6x8in(Qty 2-MRO Year 1) $1,292.00 $5,290.11 $1,292.00 $13,164.22 $5,168.00 $5,168.00 $23,500.22 15 2 MCAShortstopp II Plugging Machine 8x12in(Qty 2-MRO Year]) $2177.00 $6,750.83 $2,177.00 $17,855.66 $8,708.00 $8,708.00 $35,271.66 16 2 Equipment Freight Round Trip $3,960.00 $7,920.00 $7,920.00 17 1 Unforseen Freight Cost $10,000.00 $10,000.00 GRAND TOTAL $206,701.10 $60,657.00 $60,657.00 $328,015.10 • SERVICE AGREEMENT NO. 6287 Overhaul Maintenance of TDW Equipment THIS Overhaul Maintenance of TDW Equipment Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and TDW (US), Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide overhaul maintenance in response to Request for Bid/Proposal No. 6287 ("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 shall provide overhaul 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. The term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. 3. Compensation and Payment. This Agreement is for an amount not to exceed $328,015.10, subject to approved amendments and changes. Payment will be made for Services performed and accepted by the City within 30 days of the invoice date, 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. 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, TX 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 Service Agreement-TDW (Overhaul) Page 1 of 9 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Maria Morales Gas Operations 361-885-6945 MariaM@corpuschristitx.gov 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 to the extent of the risks and liabilities expressly assumed by Contractor in this Agreement. 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 stated on 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 their entireties. 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 employee 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. Service Agreement-TDW (Overhaul) Page 2 of 9 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are of the quality specified in the Purchase Release Order and free from defects, fit for their ordinary 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 twelve (12) months from the completion of the Services. The content of Attachment D is incorporated by reference as if set out fully 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. Contractor's sole liability for breach of this warranty is to reperform Services found to be defective within twelve (12) months from completion of the original Services. (D) Contractor's representations and warranties under this Agreement exclude remedy for damage, loss or defect caused by abuse, casualty, negligence, misuse, modifications, or repair not performed by Contractor, improper or insufficient maintenance, improper storage, improper operation, including contrary to Contractor's instructions or warnings, or ordinary wear and tear. With respect to products not manufactured by the Contractor, Contractor's liability shall be limited to passing through to the City the benefit of any warranty provided by the vendor(s) of such products. (E) EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS SECTION 8, CONTRACTOR MAKES NO WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, AND CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Quote/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 Service and/or product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement-TDW (Overhaul) Page 3 of 9 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as the determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the Services and 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 and executed by an authorized representative of each party. 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. All pricing under this Agreement shall be indicated exclusive of any sales, use or excise taxes. Contractor's invoice(s) for payment shall indicate such taxes as a separate line item and the City shall be responsible for paying these taxes to Contractor. The City shall provide Contractor with valid tax exemption certificate(s) prior to issuing the Purchase Release Order. 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: Maria Morales, Contracts/Funds Administrator 4225 S. Port Ave., Corpus Christi, TX 78415 Phone: 361-885-6345 Fax: 361-853-3200 IF TO CONTRACTOR: TDW (US), Inc. Attn: Legal Department- Randi Donaldson Title: Associate General Counsel 6120 S. Yale Ave., Suite 1700, Tulsa, OK 74136 Phone: 918-447-5000 Service Agreement-TDW (Overhaul) Page 4 of 9 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 THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, 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, which shall be at least ten (10) business days from the deemed receipt date (see Section 16) by Contractor of the notice of breach, unless the Contractor Administrator provides a longer cure period. If the Contractor has not commenced to cure 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. 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 goods purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such goods and prior to receipt of the final payment by the City. Service Agreement-TDW (Overhaul) Page 5 of 9 20. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ANY RELATED DOCUMENT TO THE CONTRARY, IN NO EVENT SHALL THE CITY OR CONTRACTOR (OR ANY AFFILIATED ENTITY OF EITHER OF THEM) BE LIABLE TO THE OTHER OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF PRODUCT OR PRODUCTION, LOSS OF USE, OR DAMAGE TO BUSINESS REPUTATION, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ANY RELATED DOCUMENT TO THE CONTRARY, IN ADDITION TO THE FOREGOING LIMIT, A PARTY'S MAXIMUM AGGREGATE LIABILITY TO THE OTHER PARTY (INCLUDING CONTRACTOR'S LIABILITY TO "INDEMNITEES") BASED ON ANY ACTIONS OR INACTION OF A PARTY RELATED TO, OR ARISING FROM THIS AGREEMENT AND/OR THE GOODS, IRRESPECTIVE OF THE NATURE OF THE DAMAGES, NUMBER OF CLAIMANTS, THE NUMBER OF BREACHES, THEORIES OF LIABILITY (WHETHER BASED UPON A THEORY OF NEGLIGENCE, PRODUCTS LIABILITY, INDEMNITY, STRICT LIABILITY, STATUTORY DUTY, BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT), OR THE NUMBER OF CAUSES OF ACTION ("CLAIMS"), SHALL BE LIMITED TO $500,000.00 PER PURCHASE ORDER RELEASE, INCLUSIVE OF ANY PAYMENTS TO THE CITY BY CONTRACTOR'S INSURANCE CARRIERS. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF SUCH LIMITATION RESULTS IN ANY REMEDY SPECIFIED IN THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT. 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; Service Agreement-TDW (Overhaul) Page 6 of 9 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 law. 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 forum and venue for such disputes is the appropriate district or county court in Nueces County, Texas. In accordance with Chapter 2271, Texas Government Code, if this contract has a value of $100,000 or more paid wholly or partly from public funds and the Contractor has 10 or more full-time employees, Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2274, Texas Government Code, Contractor verifies that the Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the Agreement against a firearm entity or fire trade association. In accordance with Chapter 2276, Texas Government Code, Contractor verifies that the Contractor does not boycott energy companies and will not boycott energy companies during the term of this Agreement. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Pipeline Information. The City shall provide complete and accurate information regarding the conditions and operation of the subject pipeline or facility ("Pipeline Information") and Contractor shall be entitled to rely in good faith on the accuracy and completeness of such information, including to rely on the pipeline or facility conditions and operation confirming to the Pipeline Information during Contractor's performance of the Services. 28. Special Work Provisions. Notwithstanding anything in this Agreement or any related document to the contrary, while providing hot tapping and/or plugging or related services ("HT&P"), it may be necessary to change the cutter due to damage or wear and tear and it is agreed that such replacement is a normal operation and shall not constitute a delay in the performance of the Services. Service Agreement-TDW (Overhaul) Page 7 of 9 Additionally, Contractor guarantees to provide a workable or operational seal when placing the plugging head(s) into the pipeline system. However, in the event Contractor needs to remove the plugging head to replace the seal, such activity shall not be considered a delay in the performance of the Services by Contractor. Contractor does not guarantee that the coupon (the piece of the pipe hot tapped out of the pipe) will be retained, or that the process will not result in shavings or other minor debris remaining in the pipeline. The City assumes all liability for, or related to: (i) pipeline damage, including without limitation, loss of revenue if the pipeline is shut down, and, (ii) removal of any coupon, shavings or debris arising in connection with the performance of HT&P services; and shall hold Contractor harmless from any and all damages, losses or claims related to same. 29. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (Signature Page Follows) Service Agreement-TDW (Overhaul) Page 8 of 9 TDW (US), Inc. Signature: _ Printed Name: Hector GrijaIva Title: Manager,Aftermarket Operations Date: 12/19/2025 CITY OF CORPUS CHRISTI Rachel Erben Date Assistant Director- Contracts & Procurement Reviewedl/by: Nora I/aYgas 12/18/2025 Nora Vargas(Dec 12 tr25 09:50:31 CST) Purchasing Manager Date Approved as to form: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Quote/Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 6287 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement-TDW (Overhaul) Page 9 of 9 ATTACHMENT A: SCOPE OF WORK Project Name: Overhaul Maintenance of TDW Equipment Pick-Up and Delivery: CC Gas, 4225 S. Port Ave., Corpus Christi, Texas 78415 Objectives: Ensure the safe and efficient operation of TDW equipment. Through comprehensive overhaul maintenance, extend the equipment's lifespan. Minimize downtime and operational disruptions. Scope of Work: The Contractor shall perform comprehensive overhaul maintenance, including disassembly, cleaning, inspection, repair or replacement of components, reassembly, and post-overhaul testing per Exhibit A. A. Pick-Up and Delivery: The Contractor shall coordinate with the Customer to schedule the pick-up and delivery of the equipment. B. Transport: The Contractor shall transport the equipment to and from the Service Provider's facility, ensuring safe and secure handling throughout the process. C. Overhaul Services: The Contractor shall perform comprehensive overhaul maintenance on the TDW equipment, including disassembly, cleaning, inspection, repair or replacement of components, reassembly, and post-overhaul testing. D. Insurance: The Contractor shall provide insurance coverage for the equipment during transport to cover any potential damage or loss. E. Documentation: The Contractor shall maintain detailed records of all maintenance activities and provide the Customer with a final report summarizing the overhaul process. Overhaul Services: Pre-Overhaul Inspection: A. Visual Inspection: The Contractor shall conduct a thorough visual inspection to identify visible signs of wear, damage, or corrosion. B. Functional Testing: The Contractor shall perform functional tests to ensure all components operate correctly. C. Documentation: The Contractor shall record all findings from the inspection and testing phases. Disassembly: A. Component Removal: The Contractor shall carefully disassemble the equipment, removing all components for detailed inspection and cleaning. B. Cleaning: The Contractor shall clean all components to remove dirt, debris, and contaminants. Page 1 of 3 Component Inspection and Repair: A. Detailed Inspection: The Contractor shall inspect each component for wear, damage, or defects using appropriate tools and techniques. B. Repair/Replacement: The Contractor shall repair or replace any damaged or worn components, ensuring all repairs meet original equipment manufacturer (OEM) specifications. C. Testing: The Contractor shall verify the functionality of repaired or replaced components. Reassembly: A. Reassembly: The Contractor shall reassemble the equipment, ensuring all components are correctly installed and aligned. B. Lubrication: The Contractor shall lubricate all moving parts to ensure smooth operation. Post-Overhaul Testing: A. Functional Testing: The Contractor shall conduct comprehensive functional tests to ensure the equipment operates correctly and efficiently. B. Performance Verification: The Contractor shall verify that the equipment meets all performance criteria and safety standards. Documentation and Reporting: A. Maintenance Records: The Contractor shall maintain detailed records of all maintenance activities, including inspection findings, repairs, and test results. B. Final Report: The Contractor shall provide a final report summarizing the overhaul maintenance activities, findings, and recommendations for future maintenance. Responsibilities: A. The Contractor shall provide access to the equipment and necessary documentation. B. The Contractor shall ensure that the equipment is properly prepared for maintenance. C. The Contractor shall notify the Contractor of any specific requirements or concerns. D. Perform all maintenance activities as outlined in the scope of work. E. Provide qualified personnel to carry out the maintenance tasks. F. Maintain clear communication with the Customer throughout the project. Page 2 of 3 Line Total RtY MRO Yr t Qt Zed&A GasO ratianAsets MCA$jllnit MRO MCA 1StYrTotal 3YrT4tal _ _-Mgr 1 2 2 MCA T203(MRO Year 1j $4,124.00 $:IA23.80 $62,847,60 $8,248,00 $79,A.60 2 1 1 MCATI01(MROYearl� $]2R $3,546.57 $3,546,57 $726.00 $4,998,57 3 1 1 MCAT0 MROYearl) 06.00 $6,488.87 $6,488,87 $726.00 $7,940,87 4 1 1 MCA5HORTCUT Valve 2in(MROYear1) $787.00 $1430 $1,652.30 $787.00 $3,226,30 5 9 9 MCA 5HORTCUT1 Valve 4in lWYear l� $982A0 $1,945.32 $17,507.88 $8,838,00 $35,183,88 5.1 3 SHORTCUM Valve 4in.Year IRetertianPlateMod $990.00 WA.00 $2,970,00 6 6 5 MCA SHORTCUTTe Valve gin[Qt WROYear1J $1,612.00 $2,6455.84 $1,612.00 $14,84120 $9,672,00 $14,195.20 7 2 2 MCA SHORTCUT1 Value Rin#Near 1J $2,449,00 $3,019.65 $6,039,30 $4,898,00 $15,835.30 8 2 1 MCA Completion PluggerSHORTSTOPP3 275�Qt 1-MROYearl) $1,284,00 $3,189.12 $1,284.00 $4,473,12 $2,568,00 $9,609,12 9 4 2 MCASHORTSTOW liPluggingM3chine3H4in(Qt 2-MROYear1M $1,262.00 $9,606.93 $1,26200 $2L737,86 $5,048,00 $11,831.86 10 4 2 MCASHORTSTOPPOI1Plugging Machine 4irjat 2-MROYear1� $1,054,00 %726.02 %,054.00 $11,560,04 $4,216,00 $19,992,04 11 1 1 MCA SHORTSTOPPO II Plugging Machine bin(MROYear 1j $1 Uffl $4 096.48 %0%.48 $1,054.00 $5,204,48 12 4 2 MCASHORTSTOPP9IIPlugging Machine Win lQt 2-MROYear1M $1,292,00 $5,290.11 $16100 $13,164.22 $5,168,00 $23,500,22 13 4 2 MCASHORTSTOPP6 liPluggingM3chine8M12iniGt 2-MROYear1J $2,177,00 %,7511.83 $177.00 $17,855,66 $8,X&00 $35,271,66 14 Equipment Freight Round Trip $7,920.00 $7,920.00 15 Unforseen Freight Co� $10,K00 $10,000,00 Total 41 34 Total$206,X10 $K97,00 P28,00 TRIPS COST Freight 2024 53,960 Round Trip 26 FT G 0 0 SEN EC K TRAI LER 53,960 Round Trip 26 FT G 0 0 SEN EC K TRAI LER $10,000 Unforseen Freight Cost 26 FT G 0 0 SEN EC K TRAI LER Total $17,920, Total of4Trips 26 FT G 0 0 SEN EC K TRAI LER MRO-Maintenance, Repair, and Overhaul MCA -Maintenance, Calibration, and Alignment Pge3of3 ATTACHMENT B: PRICING SCHEDULE Replacement Parts Included in Majors MRO Yr1T203 MRO Yr1T-101 Quantity Description Quantity Description 1 FEEDBALL RACE,T-203TM 1 BORING BAR,T101A DRILLING MACHINE 1 FEDBALL DRIVE PLATE,T-203TM 1 BEARING,0.875in 1 PLATE,CAM FEED T-203TM 1 EXTERNAL RETAINING RING,0.875in BLACK PHOSPHATE STEEL 1 FEED ADJUSTER,T203TM 2 BUTTON HEAD CAP SCREW,#8-32 UNC 0.250in SS 1 COMPRESSION SPRING,3.840in 3.489in 1.300in 1 PACKING,CHEVRON(FOR 0.203-0.281 CROSS SECTION) 1 BUSHING,TAPER-LOCK DODGE 1210 1 HEX HEAD PIPE BUSHING,.375in X.250in.375in-18NPT 2 BEARING,3.6875in 1 HEX SOCKET PIPE PLUG,.250-18NPTF 2 BEARING,TAPERED ROLLER,SINGLE ROLL 1 CAUTION DECAL,Sin X 3in 2 BEARING 4 BALL,0.6250in STAINLESS STEEL MRO Yr IT-101XL 1 SHIM,STEELT203 Quantity Description 2 O-RING,3.625in 0.188in NITRILE 1 BAR,BORINGT-101AL D-MSPCL 1 SHIM,STEELT203 1 BEARING,0.875in 1 SHIM,STEELT203 1 EXTERNAL RETAINING RING,0.875in BLACK PHOSPHATE STEEL 1 SHAFT SEAL,0.875in 1.379in NITRILE 2 BUTTON HEAD CAP SCREW,#8-32 UNC 0.250in SS 1 O-RING,4.000in 0.125in NITRILE 1 PACKING,CHEVRON(FOR 0.203-0.281 CROSS SECTION) 12 SKT HID CAP SCW-3/8X1.25LG 1 HEX HEAD PIPE BUSHING,.375in X.250in.375in-18NPT 12 BOLT-HEX HEAD-3/8-16 UNC x 1.00 1 HEX SOCKET PIPE PLUG,.250-18NPTF 8 SCREW,BUTTON HD#10-32 X.500 LG 1 CAUTION DECAL,Sin X 3in 1 NUT,ESNA TYPE TE(LIGHTTHIN),1.00-14UNS 2 BEARING CARRIER CONE DRIVE SHIM MRO Yr 1 SCV tin 2 BEARING CAP CONE DRIVE SHIM Quantity Description 1 RELIEF FITTING 1 GASKET,tin SHORTCUTT1500VALVE 2 OILSEAL,1.250in SHAFT 1 STEM,BYPASS VALVE,SHORTCUTT VALVE 1 KEY,.375in 1 DISC,OPERATING tin SHORTCUTT® 1 O-RING,3.125in 0.210in NITRILE 1 HEX SOCKET PIPE PLUG,.250-18NPTF 1 KEY,.25in 8 SOCKET HEAD CAP SCREW,.375in-16 UNC X 1.50in LONG B18.3 1 KEY,.188in 2 O-RING,.125in X 2.625in OD X 2.375in ID 1 KEY,.25in 2 O-RING,.062in NOMX.625in OD 1 H EX SOC KET PIPE PLUG,.500-14N PTF 2 O-RING,.062i n N O M X.500i n OD 1 COMPRESSION SPRING,1.988in 1.500in 2.188in 1 SEL-LOK SPRING PIN,.125in DIAMETERX.375in 1 T-202TAPPING MACHINE PACKING NUT 1 WASHER,.219in ID X.501in OD X.062in THICK COPPER 1 COMPRESSION SPRING,2.343in 2.049in 1.500in 1 WASHER,PACKING,f/T-203 TM MRO Yr 1 SCV 4in 1 PACKING Quantity Description 1 CAUTION DECAL,6in x 4in 1 SHORTCUTT®VALVE GASKET,4in 1 DANGER DECAL,3in 2 O-RING,.125in X4.625in ODX4.375in ID 1 COMBO FILTER, 1 O-RING,OD0.75in ID0.562in NOMINAL0.094in 8 BUTTON HEAD CAP SCREW,#10-32 UNF 0.750in ASTM F835 2 O-RING,0.5000DX0.375ID 1 HOSEASSEMBLY,21in LONG 1 STEM,BYPASS VALVE,SHORTCUTT VALVE 1 GEAR,AIR MOT DR LARGE T-202 6 FULLTHREAD STUD,.625in-11UNC-2A X Bin LONG 1 GEAR,RDCR 21 BOSTON YH-1 4 FULL THREAD STUD,.625i n-11UNC-2A X 2.875in LONG 1 MOUNTING PLATE GASKET 16 HEAVY HEX NUT,.625in-11 UNC 1 MOUNTING PLATE GASKET 1 SPRING PIN,.125in OD X.500in LENGTH F-1-1 REFURBISHED BAR,BORINGT-203T-M 1 WASHER,0.500inX0.312inX0.062in COPPER 1 SANDWICH®VALVE LABEL,OPEN CLOSE Page 1 of 6 MRO Yr 1 SCV 8in MRO Yr 1 SCV 12in Quantity Description Quantity Description 1 O-RING,.125in THK X 16inOD 1 O-RING,.125in THK X 23.375in OD 2 O-RING,.25i n X 8.875i n OD X 8.375i n I D 2 O-RING,.25i n X 13.5i n O D X 13i n I D 1 O-RING BUNA-N(1"OD X 0.75'ID) 1 O-RING BUNA-N(1"OD X 0.75'ID) 3 O-RING,.062in NOMX.500in OD 3 O-RING,.062in NOMX.500in OD 1 STEM,BYPASS VALVE,SHORTCUTT VALVE 1 STEM,BYPASS VALVE,SHORTCUTTVALVE 6 FULLTHREAD STUD,.750in-10UNC X 9.500in LONG 8 FULL-THREAD STUD,.875in-9 UNC X 10.500in LONG 4 FULLTHREAD STUD,.750in-10UNC X 2.875in LONG 8 FULLTHREAD STUD,.875in-9UNC X 3.250in LONG 16 HEAVY HEX NUT,.750-10 UNC 24 HEAVY HEX NUT,.875-9 UNC 1 SEL-LOK SPRING PIN,.125in X.5in LONG 1 SEL-LOK SPRING PIN,.125in X.5in LONG 1 BEARING ASSEMBLY 1 BEARING ASSEMBLY 1 WASHER,.344in ID X.501in OD X.062in THICK COPPER 1 WASHER,.344inIDX.501inODX.062in THICK COPPER 1 SANDWICH®VALVE LABEL,OPEN CLOSE 1 SANDWICH®VALVE LABEL,OPEN CLOSE 1 SHORTCUTT®VALVE NAME DECAL,12in Completion Plugger Quantity Description MRO Yr 1 SHORTSTOPP® PM 3x4 1 O-RI NG,.062in NOM X 3.00in OD Quantity Description 1 ESNA NUT,lin-8-3NCTU SERIES 1 O-RING,2.000in X 1.750in X.125in THK 1 RING,SPLIT 2 HALVES=1 RING 1 O-RING,1.250in OD X 1.000in ID 1 OILSEAL,2.627in OD X.3125in THICK 1 RETAINER RING,SPIRALSMALLEY No.WH-300 1 STAT-O-SEAL,NITRILE STEEL RETAINER 1 SQUARE HEAD PIPE PLUG,.250-18NPT 1 O-RING,.125in X 2.5n OD X 2.25in 3 BELLEVILLE SPRING,lin 1 NEEDLE BEARING,1.25in ID 1.375in KOYO 1 ACTUATOR,lin LOWER CONTROL 1 O-RING,.1875in X 1.875in OD X 1.5in ID 1 SPRING PIN,.188in DIAMETER X 1.375in LENGTH 1 SHORTSTOPP®275COMPLETION MACHINE WINDOW 1 COMPRESSION SPRING,.125in WIDEX 1.460in 1 DECAL NOTICE 1 ACTUATOR,lin UPPER CONTROL 1 SEAL,WI PER-SCRAPER C-R 504268 3 SCREW-BTN HD-.312 X.75 LG 2 SHOULDER SCREW,SPECIAL 2 SOCKET HEAD SHOULDER SCREW,ASME B18.3.375x.625in STEEL 2 NEEDLETHRUST BEARING,NTA-3648/TRB-3648 1 HALF DOG SETSCREW,.375i n-16UNC 2 NEEDLETHRUST BEARING,NTA-1828/TRC-1828 2 BEARING,SPLITTHRUST lin 8 SOCKET HEAD CAPSCREW,.25-20UNRC X 1.50in LG ASME B.18.3 1 RETAINER RING, TRUARC No.5008-162 1 O-RING,.09375in X 1.625in OD X 1.4375in 1 COMPRESSION SPRING 1 RETAINER RING, TRUARCNo.5008-162 1 WING NUT,TYPE A.500in-13 UNC 1 CLEVIS PIN,.375in DIA X 1.312in LONG MROYr1SHORTSTOPP® PM4 1 SEL-LOK SPRING PIN,.15625in X.500in LONG Quantity Description 1 SHORTSTOPP®11 CONTROL BAR JACK HANDLE ASSEMBLY,1.00in 1 O-RING,2.000in X 1.750in X.125in THK 1 SEL-LOK SPRING PIN,.1875in X.750in LONG 1 RETAINER RING,SPIRALSMALLEY No.WH-300 2 DECAL,TDW®LOGO 1.50in DIA 1 O-RING,1.250in OD 1.000in ID 2 O-RING,.062in NOMX.687in OD 3 BELLEVILLE SPRING,lin 1 SETSCREW COLLAR,.312in-18NC X.312in 1.01in I D X 1.625in OD 1 ACTUATOR,lin LOWER CONTROL 1 THUMB SCREW,.312in-18UNCX.500in LONG 1 SPRING PIN,.188in DIAMETERX 1.375in LENGTH 2 KEY,.125in X lin LONG 1 COMPRESSION SPRING,.125in WIDE X 1.460in 1 COMPRESSION SPRING,.064in WIDE X.593in 1 ACTUATOR,lin UPPER CONTROL 1 SHORTSTOPP®11 HANDLE CONNECTOR PIN 2 SOCKET HEAD SHOULDER SCREW,ASME B18.3.375x.625inSTEEL 1 SHORTSTOPP®II HANDLE CONNECTOR PIN RETAINER 1 HALF DOG SETSCREW,.375i n-16UN C 1 HEX NUT,F LEXLOC.562i n-12 2 BEARING,SPLITTHRUST lin 4 SCREW-BTN HD-.312 X.75 LG 1 RETAINER RING, TRUARC No.5008-162 1 BRASS WASHER,.375in 1 COMPRESSION SPRING 1 BUTTON HEAD SOCKET SCREW,.375in-16 UNC X.750in LONG 1 CLEVIS PIN,.375in DIA X 1.312in LONG 1 SEL-LOK SPRING PIN,.15625in X.500in LONG 1 SHORTSTOPP®11 CONTROL BAR,3in-4in 1 SHOULDER SCREW,.312in X 1.50in LONG 1 NUT,.25-20 UNC ESNA 1 SHORTSTOPP®LEVER,4in 2 PIPE CAP,.500in-1501b ZINCTHREADED 2 SHOULDER SCREW,.312in X 1.25in LONG 2 NUT,.25-20 UNC ESNA 1 SHORTSTOPP®WHEEL-TYPE BRUSH,4in 3 SHORTSTOPP®SHOULDER SCREW,4in SPECIAL 2 DECAL,TDW®LOGO 1.50in DIA Page 2 of 6 MRO Yr 1 SHORTSTOPP° PM 6x8 MRO Yr 1 SHORTSTOPP° PM 6 Quantity Description Quantity Description 1 O-RING,.1875inX 3.375inOD X 3in ID 2 TDW®TRADEMARK DECAL,tin 1 O-RING,.1875in X 2in OD X 1.625in ID 1 0-RING,.1875inX 3.375inOD X 3in ID 1 RETAINER RING,SPI RAL SMALLEY No.WH-481 1 O-RING,.1875in X 2in OD X 1.625in ID 2 O-RI NG,1.125i n OD x 1.0625in ID X 0.812in,NITRILE 1 RETAINER RING,SPI RAL SMALLEY No.WH-481 2 SQUARE KEY,.1875X.1875X1inLONG 3 SHORTSTOPP®II CONTROL BAR JACK SPRING,1.625inBELLEVILLE 1 COMPRESSION SPRI NG,.064i n WIDE X.593in 1 SHORTSTOPP®IILOWERACTUATOR 1 SHORTSTOPP®II HANDLECONNECTOR PIN 2 SEL-LOKSPRING PIN,.250in X 1in LONG 1 SHORTSTOPP®II HANDLE CONNECTOR PIN RETAINER 1 COMPRESSION SPRING 1 HEX NUT,FLEXLOC.750in-10 1 SHORTSTOPP®II UPPERACTUATOR 6 BUTTON SOCKET HEAD CAP SCREW,.375in 16 UNC 1.25in 2 SHOULDER SCREW,.500in X.375in-16 UNC X.750in LONG 1 SHORTSTOPP®II PLUGGING HEAD RETAINER 1 HALF DOG SETSCREW,.500i n-13 1 BUTTON HEAD CAPSCREW,0.500in-13UNCX1.5001NLONG 2 SHORTSTOPP®II CONTROL BAR SPLITTHRUST BEARING,1.625in 2 TDW®TRADEMARK DECAL,2in 1 RETAINER RING,.093in INTERNATIONAL 3 SHORTSTOPP®II CONTROL BAR JACK SPRING,1.625in BELLEVILLE 1 COMPRESSION SPRING 1 SHORTSTOPP®II LOWERACTUATOR 1 CLEVIS PIN,.375in DIA X 1.312in LONG 2 SEL-LOK SPRING PIN,.250in X 1in LONG 1 SEL-LOK SPRING PIN,.15625in X.500in LONG 1 COMPRESSION SPRING 1 SHOULDER SCREW,.375i n X.312in-18UNCX2in LONG 1 S HO RTSTO P P®11 U P P E R ACTUATO R 1 ES NA NUT,.3125i n-18NC-3 LIGHT 3 SOCKET HEAD CAP SCREW,.375-16UNC X.750in LONG 1 SHORTSTOPP®LEVER,8i 2 SHOULDER SCREW,.500in X.375in-16 UNC X.750in LONG 2 PIPE CAP,tin-1501b ZINC THREADED 1 HALF DOG SETSCREW,.500in-13 2 SHOULDER SCREW,.375in X.312in-18UNC X 2in LONG 2 SHORTSTOPP®II CONTROL BAR SPLIT THRUST BEARING,1.625in 2 ESNA NUT,.3125in-18NC-3 LIGHT 1 RETAINER RING,.093in INTERNATIONAL 1 SHORTSTOPP®WHEEL-TYPE BRUSH,6in 1 COMPRESSION SPRING 6 SHORTSTOPP®SHOULDER SCREW,4in SPECIAL 1 WING NUT,TYPE A.500in-13 UNC 1 CAUTION DECAL,Sin X 3in 1 CLEVIS PIN,.375in DIA X 1.312in LONG 1 SEL-LOK SPRI NG PIN,.15625in X.500in LONG MCASHORTCUTT° Valve8in 1 SHORTSTOPP®II CONTROL BAR JACK HANDLEASSEMBLY,1.625in Quantity Description 1 O-RING,.125in THK X 16inOD MRO Yr 1SHORTSTOPP® PM 8x12 2 O-RING,.25in X 8.875in OD X 8.375in ID Quantity Description 1 O-RING BUNA-N(1"OD 0.75'ID) 1 O-RING,.25in X 5.375in OD X 4.875in ID 3 O-RING,.062in NOM X.500in OD 1 O-RING,.1875inX 2.875in OD X 2.5in 1 STEM,BYPASS VALVE,SHORTCUTTVALVE 1 RETAINER RING,SPIRALSMALLEYNo.WH-600 1 SEL-LOK SPRING PIN,.125in X.5in LONG 1 SQUARE HEAD PIPE PLUG,.250-18NPT 1 BEARINGASSEMBLY 2 TRADEMARK DECAL,TDW®4in 1 WASHER,.344in ID X.501in OD X.062in THICK COPPER 2 SHORTSTOPP®11 CONTROL BARJACKSPRING,2.500in BELLEVILLE 1 SANDWICH®VALVE LABEL,OPEN CLOSE 1 SHORTSTOPP®II CONTROL BAR LOWERACTUATOR,2.500in 2 SEL-LOK SPRING PIN,.375inX1inLONG MCASHORTSTOPP° PM3x4 1 COMPRESSION SPRING,.207in WIDE X 3in OD Quantity Description 1 SHORTSTOPP®II CONTROL BAR UPPER ACTUATOR,2.500in 1 O-RING,2.000in X 1.750in X.125in THK 3 SOCKET HEAD CAP SCREW,.375-16 UNC X 1.000in LG 1 O-RING,1.250in OD X 1.000in ID 2 SHOULDER SCREW,.500in X 1in LONG 1 SQUARE HEAD PIPE PLUG,.250-18NPT 1 HALF DOG SETSCREW,.625in-11 3 BELLEVILLE SPRING,1in 2 SHORTSTOPP®II CONTROL BAR SPLIT THRUST BEARING,2.500in 1 SPRING PIN,.188in DIAMETER X 1.375in LENGTH 1 RETAINER RING,.109in INTERNATIONAL 1 COMPRESSION SPRING,.125in WIDE X 1.460in 1 COMPRESSION SPRING,.098in WIDE X.850in 1 HALF DOG SETSCREW,.375i n-16UNC 1 WING NUT,TYPE A HVY.625in-11 2 BEARING,SPLITTHRUST tin 1 CLEVIS PIN,.625in OD X 1.50in LONG 1 COMPRESSION SPRING 1 SEL-LOK SPRING PIN,.15625in X 1in 1 WING NUT,TYPE A.500in-13 UNC 1 SHORTSTOPP®11 CONTROL BARJACK HANDLEASSEMBLY,2.500in 1 CLEVIS PIN,.375in DIA X 1.312in LONG 2 O-RING,.1875in X 1.875in OD X 1.5in ID 1 SEL-LOK SPRING PIN,.15625in X.500in LONG 2 SQUARE KEY,.25in X 1.375in LONG C1018 STEEL 1 SHORTSTOPP®II CONTROL BAR JACK HANDLEASSEMBLY,1.00in 1 COMPRESSION SPRING,.064in WIDE X.593in 1 SEL-LOK SPRING PIN,.1875in X.750in LONG 1 SHORTSTOPP®11 HANDLE CONNECTOR PIN 2 DECAL,TDW®LOGO 1.50in DIA 1 SHORTSTOPP®11 HANDLE CONNECTOR PIN RETAINER 2 O-RING,.062in NOM X.687in OD 6 SCREW,SKT HD CAP,.500-13 UNC X 1.500 LG 1 SETSCREW COLLAR,.312in-18NC X.312i n 1.01i n ID X 1.625in OD 1 SHORTSTOPP®II PLUGGING HEAD RETAINER,8X10in-12in 1 THUMB SCREW,.312in-18 UNC X.500in LONG 1 BUTTON HEAD CAPSCREW,0.500in-13UNCX1.5001NLONG 1 COMPRESSION SPRING,.064in WIDE X.593in 1 HEX NUT,FLEXLOC.562in-12 4 SCREW-BTN HD-.312 X.75 LG 1 BRASS WASHER,.375i n 1 BUTTON HEAD SOCKET SCREW,.375in-16 UNC X.750in LONG Page 3 of 6 MCA SHORTSTOPP® PM 4 MCA SHORTSTOPP® PM 6x8 Quantity Description Quantity Description 1 O-RING,2.000in X 1.750in X.125in THK 1 O-RING,.1875inX 3.375inOD X 3in ID 1 RETAINER RING,SPIRALSMALLEY No.WH-300 1 O-RING,.1875in X 2in OD X 1.625in ID 1 O-RING,1.250in OD 1.000in ID 2 O-RING,1.125in OD 1.0625in IDX0.812in,NITRILE 3 BELLEVILLE SPRING,1in 1 COMPRESSION SPRING,.064in WIDE X.593in 1 SPRING PIN,.188in DIAMETER 1.375in LENGTH 1 HEX NUT,FLEXLOC.750in-10 1 COMPRESSION SPRING,.125in WIDE X 1.460in 6 BUTTON SOCKET HEAD CAP SCREW,.375in 16 UNC 1.25in 1 HALF DOG SETSCREW,.375in-16UNC 1 SHORTSTOPP°II PLUGGING HEAD RETAINER 2 BEARING,SPLITTHRUST tin 1 BUTTON HEAD CAPSCREW,0.500in-13UNC X 1.5001N LONG 1 COMPRESSION SPRING 2 TDW°TRADEMARK DECAL,2in 1 CLEVIS PIN,.375in DIAX 1.312in LONG 3 SHORTSTOPP°II CONTROL BARJACK SPRING,1.625in BELLEVILLE 1 SEL-LOK SPRING PIN,.15625in X.500in LONG 2 SEL-LOK SPRING PIN,.250in X 1in LONG 1 SEL-LOK SPRING PIN,.1875in X.750in LONG 1 COMPRESSION SPRING 1 NUT,.25-20 UNC ESNA 1 HALF DOG SETSCREW,.500in-13 1 SHORTSTOPP°LEVER,4in 2 SHORTSTOPP°II CONTROL BAR SPLITTHRUST BEARING,1.625in 2 PIPE CAP,.500in-150Ib ZINCTHREADED 1 COMPRESSION SPRING 2 SHOULDER SCREW,.312in X 1.25in LONG 1 WING NUT,TYPE A.500in-13 UNC 2 NUT,.25-20 UNC ESNA 1 CLEVIS PIN,.375in DIA X 1.312in LONG 1 SHORTSTOPP°WHEEL-TYPE BRUSH,4in 1 SEL-LOK SPRING PIN,.15625in X.500in LONG 3 SHORTSTOPP°SHOULDER SCREW,4in SPECIAL 1 SHORTSTOPP°II CONTROL BARJACK HANDLE ASSEMBLY,1.625in 2 DECAL,TDW°LOGO 1.50in DIA MCA SHORTSTOPP® PM 8x12 Quantity Description 1 O-RING,.25i n X 5.375i n OD X 4.875i n ID 1 O-RING,.1875inX 2.875in OD X 2.5in 1 SQUARE HEAD PIPE PLUG,.250-18NPT 2 TRADEMARK DECAL,TDW°4in 2 SHORTSTOPP°II CONTROL BARJACK SPRING,2.500in BELLEVILLE 2 SEL-LOK SPRING PIN,.375in X 1in LONG 1 COMPRESSION SPRING,.207in WIDE X 3in OD 1 HALF DOG SETSCREW,.625in-11 2 SHORTSTOPP°II CONTROL BAR SPLITTHRUST BEARING,2.500in 1 COMPRESSION SPRING,.098in WIDE X.850in 1 WING NUT,TYPE A HVY.625in-11 1 CLEVIS PIN,.625in OD X 1.50in LONG 1 SEL-LOK SPRING PIN,.15625in X 1in 1 SHORTSTOPP°II CONTROL BARJACK HANDLE ASSEMBLY,2.500in 2 O-RING,.1875in X 1.875in OD X 1.5in ID 1 COMPRESSION SPRING,.064in WIDE X.593in 6 SCREW,SKT HD CAP,.500-13 UNC X 1.500 LG 1 SHORTSTOPP°II PLUGGING HEAD RETAINER,8X10in-12in 1 BUTTON HEAD CAPSCREW,0.500in-13UNC X 1.5001N LONG MRO-Maintenance, Repair, and Overhaul MCA -Maintenance, Calibration, and Alignment Page 4 of 6 Schedule "A" — Equipment List Line Qty Gas Operation Assets Part No Asset No 1 2 MCA T203(MRO Year 1) 05-2173-00DO-00 CCCO001-2 2 1 MCA T101(MRO Year 1) 05-1028-00DD-00 CCCO003 3 1 MCA T101XL(MRO Year 1) 05-1029-00D0-00 CCCO004 4 1 MCA SHORTCUTTO Valve tin(MRO Year 1) 09-0758-00DO-00 CCCO005 5 9 MCA SHORTCUTTO Valve 4in(MRO Year 1) 09-D040-00DD-00 CCCOOOG-14 6 6 MCA SHORTCUTFO Value gin(Qty5-MRO Year 1) 09-D042-00D0-00 CCC0015-20 7 2 MCA SHORTCUTTO Valve 12in(MRO Year 1) 09-D044-00DD-00 CCCO021-22 8 2 MCA Completion Plugger SHORTSTOPPO 275 (Qty 1-MRO Year 1) 07-1034-00DD-00 CCCO023-24 9 4 MCA SHORTSTOPPO II Plugging Machine 3x4in(Qty 2-MRO Year 1) 08-3501-0304-00 CCCO025-29 10 4 MCA SHORTSTOPPO II Plugging Machine 4in(My 2-MRO Year 1) 09-3500-04DO-00 CCCOD29-32 11 1 MCA SHORTSTOPPO II Plugging Machine Sin(MRO Year 1) 08-35D0-0500-00 CCCO033 12 4 MCA SHORTSTOPPO II Plugging Machine Gx8in(Qty 2-MRO Year 1) 09-3501-0608-00 CCC0D34-37 13 4 MCA SHORTSTOPPO II Plugging Machine 8x12in(My 2-MRO Year 1) 08-3501-0912-00 CCCO039-41 Schedule `B" — Initial Equipment Delivery Schedule Line Qty Gas Operation Assets Part No 2024 2025 2025 1 2 MCA T203(MRO Year 1) 05-2173-0000-00 Major Minor Minor 2 1 MCA T101(MRO Year 1) 05-1029-0000-DO Major Minor Minor 3 1 MCA T101XL(MRO Year 1) 05-1029-0000-00 Major Minor Minor 4 1 MCA SHORTCUTTO Valve tin(MRO Year 1) 09-0758-0000-00 Major Minor Minor 5 9 MCA SHORTCUTTO Valve 4in(MRO Year 1)_ 09-0040-0000-DO Major Minor Minor 6 G MCA SHORTCUTTO Valve gin(Qty5-MROYear1) 09-0042-0000-00 Major Minor Minor 7 2 MCA SHORTCUTTO Valve 12in(MRO Year 1) 09-0044-0060-00 Major Minor Minor S 2 MCA Completion Plugger SHORTSTOPPO 275(Qty 1-MRO Year 1) 07-1034-0000-00 Major Minor Minor 9 4 MCA SHORTSTOPPO II Plugging Machine 3x4in(Qty 2-MRO Year 1) 08-3501-0304-00 Major Minor Minor 10 4 MCA SHORTSTOPPO II Plugging Machine 4in(Qty 2-MRO Year 1) 08-3500-0400-00 Major Minor Minor 11 1 MCA SHORTSTOPPO II Plugging Machine Gin(MRO Year 1) 08-3500-0600-00 Major Minor Minor 12 4 MCA SHORTSTOPPO II Plugging Machine Gx8in(Qty 2-MRO Year 1) 08-3501-0608-00 Major Minor Minor 13 4 MCA SHORTSTOPP® II Plugging Machine 8x12in(Qty 2-MRO Year 1) 08-3501-0812-00 Major Minor Minor Page 5 of 6 Schedule "D" — Pricing Schedule Line Total Qty 2nd&A MRQYr1Qty Gas Operation Assets MCA$/Unit MRQ MCA 1stYrTatal 3YrTotal Total r 1 2 2 MCA T203(MRO Year 1) $4,124.00 $31,423.80 $52,847.60 $8,249.00 $79,343.60 2 1 1 MCA T101(MRO Year 1) $725.00 $3,546.57 $3,546.57 $725.00 $4,999.57 3 1 1 MCAT101XL(MROYear1) $725.00 $5,498.87 $5,498.87 $725.00 $7,940.97 4 1 1 MCA SHORTCUTTO Valve 2in(MRO Year l) $787.00 $1,652.30 $1,652.30 $787.00 $3,226.30 5 9 9 MCASHORTCUTTs Valve 4in(MRO Year 1) $982.00 $1,945.32 $17,507,88 $8,839.00 $35,183.88 5.1 3 SHORTCUTT°Valve 4in,Year 1 Retention Plate Mod $590.00 $2,970 00 $2,970.00 6 6 5 MCASHORTCUTT®Valvegin(Qt 5-MROYearl) $1,512.00 $2,95.84 $1,612.00 $14,841.20 $9,672.00 $34,195.20 7 2 2 M CA SH ORTCUTTO Valve12in(MROYear1) $2,449.00 $3,019.65 $5,039.30 $4,898.w $15,835.30 8 2 1 MCA Completion Plugger SHORTSTOPPO 275(Qty1-MRO Year 1) $1,284.00 $3,189.12 $1,284.00 0,473.12 $2,569.00 $9,509.12 9 - 2 MCASHORTSTOPP®I1 Plugging Machine Nin(Qty2-MRO Year 1) $1,262.00 $9,606.93 $1,252.00 $21,737.86 $,049.00 $31,833.95 10 4 2 MCASHORTSTOPP®I1 Plugging Machine 4in(Qty2-MROYear1) $1,054.00 $4,726.02 $1,054.00 $11,560.04 $4,216.00 $19,932.04 11 1 1 MCASHORTSTOPP®I1 Plugging Machine 6in(MRO Year 1) $1,054.00 $4,096.48 $4,096.48 $1,054.00 $6,204.49 12 - 2 MCASHORTSTOPP®I1 Plugging Machine 6x8in(Qty 2-MRO Year 1) $1,232.00 $5,290.11 $1,292.00 $13,164.22 $,168.W $23,500.22 13 4 2 MCASHORTSTOPP®I1 Plugging Machine 8x12in(Qty2-MRO Year l) $2,177.00 $5,750.83 $2,177.00 $17,955.66 $8,7N.00 $35,271.65 14 Equipment Freight Round Trip $7,920.00 $7,520.00 15 Unforseen Freight Cost $10,000,00 $10,000.00 Total 41 34 Total$206,701.10 $60,657,00 $328,015,10 New Equipment Option Line Qty Equipment Part No Unit Price Total Price 1 2 T-203TAPPING MACHINE AIR MOTOR DRIVE 05-2173-OOOG-00 $68,607.33 $137,214.66 2 1 T-101b TAPPING MACHINE 05-1028-OOOG-00 $6,646.52 $6,646.52 3 1 T-101b XLTAPPING MACHINE 05-1029-0000-00 $15,342.20 $15,342.20 4 1 SHORTCUTT®500VALVE ASSEMBLY,tin 09-0758-0000-00 $2,132.72 $2,132.72 5 9 SHORTCUTT®VALVE ASSEMBLY,4in 09-0040-0000-00 $8,998.17 $80,983.53 6 6 SHORTCUTT®VALVE,8in CAST 09-0042-0000-00 $22,153.49 $132,920.94 7 2 SHORTCUTT®VALVE,12in 09-0044-0000-00 $33,666.91 $67,333.82 8 2 SHORTSTOPP®500 PLUGGING MACHINE 07-1034-OOOG-00 $23,955.48 $47,910.96 9 4 SHORTSTOPP®II PLUGGING MACHINE,3X4in&JACK 08-3501-0304-00 $17,828.14 $71,312.56 10 4 SHORTSTOPP®II PLUGGING MACHINE,4in 08-3500-0400-00 $10,984.38 $43,937.52 11 1 PLUGGING MACHINE,6in JACK 08-3500-0600-00 $22,143.00 $22,143.00 12 4 SHORTSTOPP®II PLUGGING MACHINE,6in X 8in JACK 08-3501-0608-00 $29,074.25 $116,297.00 13 4 SHORTSTOPP®II PLUGGING MACHINE,8in X 12in JACK 08-3501-0812-00 $39,909.72 $159,638.88 14 3 SHORTCUTT®VALVE,6in CAST 09-0041-OOOG-00 $20,379.76 $61,139.28 $964,953.59 TRIPS COST Freight 2024 3,960 Round Trip 26 FT GOOSENECK TRAILER 3,960 Round Trip 26 FT GOOSENECK TRAILER $10,000 Unforseen Freight Cost 26 FT GOOSENECK TRAILER Total $17,920 Total of4Trips 26FTGOOSENECKTRAILER Page 6 of 6 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Park & Recreation Director one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 PROPERTY COVERAGE $50,000 Per Occurrence *Must Provide Coverage for City of Corpus Christi Property While in Care, Custody or Control. MOTOR TRUCK CARGO (or) TRIP TRANSIT $100,000 Combined Single Limit *Must Provide Coverage for City of Corpus Christi Property While in Transport. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2025 Insurance Requirements Exhibit Contracts for General Services - Services Performed Onsite-Offsite - Motor Truck Cargo - Property Coverage O1/01 /2025 Risk Management - Legal Dept. ATTACHMENT D: WARRANTY REQUIREMENTS A. Warranty Period: The Contractor warrants that the overhaul maintenance services will be performed professionally and in a timely manner, in accordance with industry standards, for a period of 12 months from completion of the Services and in accordance with Section 8 of this Agreement. B. Warranty Coverage: The warranty covers any defects in the services provided in accordance with Section 8 of this Agreement, and the Contractor will correct any deficiencies at no additional cost to the Customer. Page 1 of 1 AGENDA MEMORANDUM Action Item for the City Council Meeting of January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services ieffreyea-corpuschristitx.gov (361) 826-3851 Nicholas J. Winkelmann, P.E., Interim Chief Operating Officer NickW(u-)corpuschristitx.gov (361) 826-1796 Sergio Villasana Jr., CPA, CGFO, CIA, Director of Finance & Procurement sergiov2(a�corpuschristitx.gov (361) 826-3227 Construction Contract Award Citywide Lift Station Repair FY2019-2020 CAPTION: Motion awarding a construction contract to Associated Construction Partners, Ltd, of Boerne, TX for the Citywide Lift Station Repair FY 2019-2020 project in an amount not to exceed $16,811,532.00 for the rehabilitation or replacement of eleven lift stations located citywide, with FY 2026 funding available from the Wastewater Capital Fund. SUMMARY: This motion awards a construction contract to Associated Construction Partners, Ltd. for the Citywide Lift Station Repair FY2019-2020 project. The project includes the rehabilitation or replacement of eleven lift stations citywide. BACKGROUND AND PURPOSE: The City owns and maintains 107 lift stations that convey wastewater to six wastewater treatment plants. Many lift stations have operational issues and maintenance costs inherent with the caustic and corrosive wastewater environment, in addition to the continuous operation of the equipment. The Citywide Lift Station Repair program was developed to strategically identify, prioritize, and implement specific capital improvements in a phased design and construction approach. This program aims to extend the lift station service life, reduce long-term maintenance costs, improve flows, and meet Texas Commission on Environmental Quality (TCEQ) regulatory compliance, including reducing sanitary sewer overflows. The project includes the rehabilitation of nine lift stations and the installation of two replacement lift stations, for a total of eleven lift stations. The project also includes bypass pumping, replacement of discharge piping and appurtenances, replacement of submersible pumps, corrosion resistant coatings, intruder resistant chain-link and concrete fencing, asphalt and concrete paving, pump control panels, main electrical disconnects, canopies, cranes, odor control system, abandonment of pipe and wet wells, and other miscellaneous items. The repairs will extend the service life of the lift stations by at least 20 years, improve operational capabilities, reduce overflows, and reduce maintenance and repair costs. The extensive scope of work, which involved the design and engineering of 11 different lift stations throughout the city, was the main reason for the six-year design timeline for the citywide lift station design. The final design was received in June 2025. The extended design timeframe allowed for thorough planning and execution to meet the unique needs of each lift station while adhering to city regulations and standards. Listed below are the lift stations that will be improved with this construction contract: 1. Laguna Shores Lift Station 2. People's Street T-Head Lift Station 3. Lawrence Street T-Head Lift Station 4. Cooper's Alley L-Head Lift Station 5. Clarkwood South Lift Station 6. Highway Nine Lift Station 7. Cole Park Lift Station 8. Country Club Lift Station 9. Military/Jester Lift Station 10. Waldron Lift Station 11. Sugar Tree Lift Station PROJECT TIMELINE: 1 • 1 1 1 . 1 • 1 September - June July - January February - October Design Bid/Award Construction Projected schedule reflects City Council award in January 2026 with anticipated construction completion by October 2027. COMPETITIVE SOLICITATION PROCESS On July 27, 2025, the Contracts and Procurement Department issued a Request for Bids (RFB #6687)for the Citywide Lift Station Repair FY2019-2020 project. On October 29, 2025,the City received four bids. The City analyzed the bids according to the contract documents and determined that Associated Construction Partners, Ltd was the lowest responsive and responsible bidder. As the lowest bid received was within the acceptable range of the Engineer's Opinion of Probable Construction Cost, the City has elected to proceed with the project. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Associated Construction Partners, Ltd Boerne, TX $16,811,532.00 Clark Pipeline Services Corpus Christi, TX $16,876,617.78 Southern Trenchless Solutions Feria, TX $21,900,303.00 Taknek, LLC Gainesville, TX $25,335,823.00 Engineer's Opinion of Probable $12,051,300.00 Construction Cost The OPCC was lower than the final contract amount due to specialized site requirements, including utility locating, dewatering, and intricate lift station modifications—coupled with significant material price increases driven by tariffs and market volatility. These external economic factors have resulted in shortened vendor quote validity periods, making it increasingly difficult for earlier estimates to account for rapid fluctuations in the cost of materials and equipment. Associated Construction Partners Ltd has successfully completed numerous City utility projects: • Citywide Lift Station Repairs FY2018— lift station improvements to Wooldridge Lift Station and Morgan Lift Station at a construction cost of$5.5M. Completed 2024 • Williams Lift Station — lift station improvements at a construction cost of$11.6M. Completed 2025 • Laguna Madre WWTP Rehabilitation — upgrades to Laguna Madre Wastewater Treatment Plant at a construction cost of$4.5M. Completed 2023 • McBride Lift Station and Force Main — emergency repairs to McBride Lift Station and force main at a construction cost of$3.3M. Completed 2023 To efficiently manage this project, Associated Construction Partners, Ltd will mobilize a minimum of two fully independent and self-sufficient crews, each led by a dedicated superintendent, to allow for simultaneous progress across multiple sites without resource conflicts. Each crew is fully equipped with dedicated vehicles, tools, bypass pumping systems, generators, and safety equipment to ensure immediate productivity. The initial focus will be on the high-priority sites, Cooper's Alley and Sugar Tree, followed by a phased progression to the remaining locations. Crew A will handle Cooper's Alley, Laguna Shores, Country Club, and Military and Jester, while Crew B will address Sugar Tree, People's Street, Lawrence Street, Cole Park, Highway Nine, Clarkwood South, and Waldron. This proposed sequencing, which also incorporates the use of subcontractors, is flexible and subject to adjustment based on City input, priorities, and site-specific constraints, with the readiness to add additional crews as necessary. ALTERNATIVES: City Council could choose not to award the construction contract to the low bidder, Associated Construction Partners, Ltd.,which would delay the necessary lift station improvements. This could result in costly maintenance or lift station overflows. Ultimately, this would cause TCEQ violations and fees. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2026 is an amount not to exceed $5,200,000.00 for construction with funding available from the Wastewater Capital Fund. The remaining funds will be incurred in FY 2027, and FY 2028 in the amount of $11,611,532.00. Budgetary adjustments will be made in FY 2027, and FY 2028 to reflect the new contract costs. FUNDING DETAIL: Fund: Wastewater 2025 CIP (Fund 4262) Department: Wastewater(46) Organization: Grants & Capital Projects Funds (89) Project: Citywide Lift Station Repair FY2019-2020 (Project No. 19029A) Account: Construction (550910) Activity: 19029A-4262-EXP Amount: $5,200,000.00 Year 1 (FY26): $5,200,000.00 Year 2 (FY27): $8,500,000.00 Year 2 (FY28): $3,111,532.00 Total: $16,811,532.00 RECOMMENDATION: Staff recommend awarding the construction contract to Associated Construction Partners, Ltd. in the amount of $16,811,532.00 for the Citywide Lift Station Repair FY2019-2020 project. The construction duration is planned for 20 months from the issuance of the Notice to Proceed, with construction anticipated to begin in February 2026 and be completed by October 2027. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page Presentation TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Jonah Moran,PE/Braedon MCFee,EIT DESIGN ENGINEER:Amy Middleton,PE BID DATE:Wednesday,October 29,2025 RFB 6687JA-ciatedon ruc ion a ners, PROJECT NO.19029A Citywide Lift Station Repairs(FY 2019-2020) Lttl Clark Pipeline Services Southern Trenchless Solutions TAKNEK LLC BASE BID 215 W.Bandera Rd.,Ste.114461 820 McBride Ln., 1200 West Expressway 83,La 4400 W.Highway 82, Boerne,TX 78006 Cor us Christi,TX 78408 Feria,TX 78559 Gainesville,TX 76240 ITEM DESCRIPTION UNIT OTY UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT UNITPRICE I AMOUNT Part A-General A-1 MOBILIZATION(MAX 5 ITEMS B-L) LS 1.00 $500,000.00 $500,000.00 $517,500.00 $517,500.00 $600,000.00 $600,000.00 $950,000.00 $950,000.00 A-2 ALLOWANCE FOR BONDS AND INSURANCE(MAX 2%ITEMS B-L) LS 1.00 $201,600.00 $201,600.00 $212,750.00 $212,750.00 $388,075.00 $388,075.00 $350,000.00 $350,000.00 A-3 TRENCH SAFETY PROTECTION LF 1,800.00 $10.00 $18,000.00 $28.75 $51,750.00 $5.00 $9,000.00 $45.00 $81,000.00 A4 STORM WATER POLLUTION PREVENTION PLAN(SWPPP) LS 1.00 $15,000.00 $15,000.00 $17,250.00 $17,250.00 $5,000.00 $5,000.00 $150,000.00 $150,000.00 A-5 ALLOWANCE FOR UNANTICIPATED WORK AL 1.00 $1,070,000.00 $1,070,000.00 $1,070,000.00 $1,070,000.00 $1,070,000.00 $1,070,000.00 $1,070,000.00 $1,070,000.00 A-6 ALLOWANCE FOR ELECTRICAL WORK-COOPER'S ALLEY AL 1.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 A-7 TRAFFIC CONTROL LS 1.00 $5,500.00 $5,500.00 $23,000.00 $23,000.00 $22,300.00 $22,300.00 $250,000.00 $250,000.00 A-8 ALLOWANCE FOR ELECTRICAL AL 1.00 $321,000.00 $321,000.00 $321,000.00 $321,000.00 $321,000.00 $321,000.00 $321,000.00 $321,000.00 A-9 ALLOWANCE FOR MILITARY/JESTER TEMPORARY CONSTRUCTION 1.00 $20,000.00 $20,000.00 $20,000.00 520,000.00 $20,000.00 $20:000.00 $20,000.00 $20,000.00 EASEMENT AL _ SUBTOTAL PAR T A-GENERAL Items A-1 thru A-9 2211100.00 2293250.00 495375.00 3252000.00 Part B-Laguna Shores B-1 LIFT STATION IMPROVEMENTS LS 1.00 $1,100,000.00 $1,100,000.00 $624,065.90 $624,065.90 $918,028.00 $918,028.00 $1,300,000.00 $1,300,000.00 B-2 TEMPORARY BYPASS PUMPING LS 1.00 $95,000.00 $95,000.00 $60,950.00 $60,950.00 $115,000.00 $115,000.00 $150,000.00 $150,000.00 B-3 ULTRA SONIC DOPPLER FLOWMETER AND RECORDER EA 1.00 $16,000.00 $16,000.00 $30,935.00 $30,935.00 $26,000.00 $26,000.00 $55,000.00 $55,000.00 B4 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1,00 $198,000.00 $198,000.00 $709,630.50 $709,630.50 $863,898.00 $163,898.00 170,000.00 $470,000,00 SUBTOTAL PARTS-LAGUNA SHORES Items B-1 thru B-4 1 409 000.00 1 425 581.40 1.922 926.00 1 975 000,00 Part C-People's St.T-Head C-1 LIFT STATION IMPROVEMENTS LS 1,00 $435.000.00 $435,000.00 $306,320.90 $306,320.90 $398,000.00 $398,000,00 $550,000,00 $550.000.00 C-2 TEMPORARY BYPASS PUMPING LS 1,00 $20,000.00 $20,000.00 $60,087.50 $60,087.50 $22,000.00 $22,000.00 $70,000.00 $70,000.00 C-3 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $135,000.00 $135,000.00 $381,689.60 $381,689.60 $464,665.00 $464,665.00 $620,000.00 $620,000.00 SUBTOTAL PART C-PEOPLE'S ST.T-HEAD Items C-1 thru C-3 590 000.00 748 098.00 884 665.00 1 240 000.00 Part D-Lawrence SG T-Heatl D-1 LIFT STATION IMPROVEMENTS LS 1,00 $445,000.00 $445,000.00 $301,835.90 $301,835,90 $320,762.00 $320T762.00 $550,000.00 $550,000.00 D-2 TEMPORARY BYPASS PUMPING LS 1.00 $20,000.00 $20,000.00 $76,130.00 $76,130.00 $25,000.00 $25,000.00 $60,000.00 $60,000.00 D-3 ELECTRICAL,INSTRUMENTATION ANDCONTROLS IMPROVEMENTS LS 1.00 $130,000.00 $130,000.00 $391,539.35 $391,539.35 $476,656.00 $476,656.00 $612,043.00 $612,043.00 SUBTOTAL PART D-LAWRENCE ST.T-HEAD Items D-1 thru D-3 595 000.00 $769,505.25 $822,418.00 1 222 043.00 Part E-Cooper's Alley L-Head E-1 LIFT STATION REPLACEMENT LS 1.00 $1,300.000.00 $1,300,000.00 $390,213.40 $390,213.40 $674,997.00 $674,997.00 $1,500,000.00 $1,500,000.00 E-2 TEMPORARY PUMPING AND HAULING WK 8.00 $1,875.00 $15,000.00 $12,937.50 $103,500.00 $10,000.00 $80,000.00 $25,000.00 $200,000.00 E-3 YACHT CLUB TEMPORARY BYPASS PUMPING LS 1.00 $35,000.00 $35,000.00 $155,307.50 $155,307.50 $195,000.00 $195,000.00 $25,000.00 $25,000.00 E4 FORCE MAIN INSTALLATION LF 890.00 $345.00 $307,050.00 $205.55 $182,939.50 $440.00 $391,600.00 $520.00 $462,800.00 E-5 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $210,000.00 $210,000.00 $747,646.05 $747,646.05 $910,177.00 $910,177.00 $720,000.00 $720,000.00 E-6 TEMPORARY RESTROOM FACILITIES WK 8.00 $625.00 $5,000.00 $575.00 $4,600.00 $8,000.00 $64,000.00 $12,000.00 $96,000.00 E-7 MILL AND OVERLAY BY 4,075.00 $37.00 $150,775.00 $41.40 $168,705.00 $35.00 $142,625.00 $60.00 $244,500.00 E-8 PAVEMENT MARKINGS LS 1.00 $2,500,00 $2,500.00 $13,225.00 $13,225.00 $11,500.00 $11,500.00 $25,000.00 $25,000.00 SUBTOTAL PART E-COOPER'S ALLEY L-HEAD Items E-1 thru E-8 2 025 325.00 1 766 136.45 469 899.00 3 273 300.00 Part F-Clarka, d South F-1 LIFT STATION IMPROVEMENTS LS 1.00 $705,000.00 $705,000.00 $448,092.90 $448,092.90 $527,180.00 $527,180.00 $850,000.00 $850,000.00 F-2 TEMPORARY BYPASS PUMPING LS 1.00 $30,000.00 $30000.00 $158,240.00 $158,240.00 $35,000.00 $35,000.00 $50,000.00 $50,000.00 F-3 PER MITER FENCING-CHAIN LINK SECURITY FENCE LF 136.00 $232.00 $31:552.00 $266.80 $36,284.80 $184.00 $25,024.00 $120.00 $16,320.00 F4 CONCRETE ACCESS DRIVEWAY SF 1,092.00 $23.00 $25,116.00 $18.11 $19,776.12 $22.00 $24,024.00 $90.00 $98,280.00 F-5 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $165,000.00 $165,000.00 $579,610.35 $579,610.35 $705,612.00 $705,612.00 $620,000.00 $620,000.00 SUBTOTAL PART F-CLARKW OOD SOUTH Items F-1 thru F-5 956 668.00 1 242 004.17 1 316 840.00 1 634 600.00 Part G-Highway Nine G-1 LIFT STATION IMPROVEMENTS LS 1.00 $335,000.00 $335,000.00 $150,265.90 $150,265.90 $229,150.00 $229,150.00 $650,000.00 $650,000.00 G-2 TEMPORARY BYPASS PUMPING LS 1.00 $40,000.00 $40,000.00 $17,250.00 $17,250.00 $20,000.00 $20,000.00 $40,000.00 $40,000.00 G-3 PERIMITER FENCING-CHAIN LINK SECURITY FENCE LF 170.00 $254.00 $43180.00 $295.55 $50,243.50 $205.60 $34,952.00 $120.00 $20400.00 G-4 CONCRETE ACCESS DRIVEWAY BTXDOT PERMIT LS 1.00 $53,000.00 $53:000.00 $23,004.31 $23,004.31 $45,000.00 $45,000.00 $50,000.00 $50:000.00 G-5 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $160,000.00 $160,000.001 $543,370.40 $543,370.40 $661,495.00 $661495.00 $600,000.00 $600,000.00 SUBTOTAL PART G-HIGHEAY NINE Items G-1 thru G-5 31180.00 $784.134.11 $990,597.00 1360400.00 Part H-Cole Park H-1 LIFT STATION IMPROVEMENTS LS 1.00 $405,000.00 $405,000.00 $273,775.90 $273,775.90 $325,500.00 $325,500.00 $700,000.00 $700,000.00 H-2 PERIM ITER FENCING-&PRECAST CONCRETE LF 70.00 $424.00 $29,680.00 $488.75 $34,212.50 $350.00 $24,500.00 $450.00 $31,500.00 H-3 TEMPORARY RESTROOM FACILITIES WK 4.00 $750.00 $3,000.00 $575.00 $2,300.00 $7,500.00 $30,000.00 $12,000.00 $48,000.00 H-4 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1,00 $137,000.00 $137,000.00 $379,707.00 $379,707.00 $462,252.00 $462,252.00 $420,000,00 $420,000.00 SUBTOTAL PART H-COLE PARK Items H-1 thru H-41 $574,680.00 $689,995.40 $842,252.00 1 199 500.00 Part I-Country Club 1-1 LIFT STATION IMPROVEMENTS LS 1.00 $1,584,000.00 $1,584,000.00 $602,445.90 $602,445.90 $1,264,908,00 $1,264,908.00 $1,650,000,00 $1,650,000.00 1-2 TEMPORARY BYPASS PUMPING LS 1.00 $109,500.00 $109,500.00 $31,050.00 $31,050.00 $200,000.00 $200,000.00 $50,000.00 $50,000.00 I-3 ULTRASONIC DOPPLER FLOWMETER AND RECORDER EA 1.00 $17,000.00 $17,000.00 $30,935.00 $30,935.00 $25,000.00 $25,000.00 $55,000.00 $55,000.00 I-4 PERIMITER FENCING-&PRECAST CONCRETE-REPAIRS LF 276.00 $147.00 $40,572.00 $74.75 $20,631.00 $165.00 $45,540.00 $350.00 $96,600.00 I-5 PERIMITER FENCING-&PRECAST CONCRETE-CLEANING AND LF 276.00 $37.00 $10,212.00 $575.00 $158,700.00 $100.00 $27,600.00 $130.00 $35,880.00 1-6 ODOR CONTROL SYSTEM LS 1.00 $715,000.00 $715,000.00 $1,032,700.00 $1,032,700.00 $1,000,000.00 $1,000,000.00 $950,000.00 $950,000.00 I-7 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $475,000.00 $475,000.00 $657,124.95 $657,124.95 $799,999.00 $799,999.00 $750,000.00 $750,000.00 SUBTOTAL PART I-COUNTRY CLUB Items I-1 thru 1-71 $2.951,284.00 533 586.85 3 363 047.00 3 587 480.00 Part J-Military/Jester J-1 LIFT STATION REPLACEMENT LS 1.00 $2,580,000.00 $2,580,000.00 $1,030,263.15 $1,030,263.15 $2,568,827.00 $2,568,827.00 $2,450,000.00 $2,450,000.00 J-2 TEMPORARY BYPASS PUMPING LS 1.00 $35,000.00 $35,000.00 $77,280.00 $77,280.00 $617,080.00 $617,080.00 $50,000.00 $50,000.00 J-3 ULTRASONIC DOPPLER FLOWMETER AND RECORDER AND MANHOLE EA 1.00 $22,000.00 $22,000.00 $48,990.00 $48,990.00 $28,000.00 $28,000.00 $55,000.00 $55,000.00 J-4 CONCRETE ACCESS DRIVEWAY SF 730.00 $24.00 $17,520.00 $63.83 $46,595.90 $17.00 $12,410.00 $90.00 $65,700.00 J-5 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $310,000.00 $310,000.00 $605,404.85 $605,404.85 $774,814.00 $774,814.00 $860,000.00 $860,000.00 SUBTOTAL PART J-MILITARY/JESTER Items J-1 thru J-5 2 964 520.00 1 808 533.90 001 131.00 3 480 700.00 Part K-Waldron K-1 LIFT STATION IMPROVEMENTS LS 1.00 $448,000.00 $448,000.00 $371,295.90 $371,295.90 $786,834.00 $786,834.00 $750,000.00 $750,000.00 K-2 TEMPORARY BYPASS PUMPING LS 1.00 $83,000.00 $83,000.00 $69,000.00 $69,000.00 $100,000.00 $100,000.00 $40,000.00 $40,000.00 K-3 ULTRASONIC DOPPLER FLOWMETER AND RECORDER EA 1.00 $22,000.00 $22,000.00 $37,950.00 $37,950.00 $30,000.00 $30,000.00 $55,000.00 $55,000.00 K-4 PERIMITER FENCING-CHAIN LINK SECURITY FENCE LF 215.00 $185.00 $39,775.00 $212.75 $45,741.25 $131.00 $28,165.00 $120.00 $25,800.00 K-5 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $665,000.00 $665,000.00 $894,051.40 $894,051,40 $1,166,154.00 $1,166,154,00 $800,000.00 $800,000.00 SUBTOTAL PART K-WALDRON Items K-1 thru K-5 1 257 775.00 1 418 038.55 2 111 153.00 1 670 800.00 Part L-Sugar Tree L-1 LIFT STATION IMPROVEMENTS LS 1.00 $448,000.00 $448,000.00 $765,285.90 $765,285.90 $639,542.00 $639,542.00 $750,000.00 $750,000.00 L-2 TEMPORARY BYPASS PUMPING LS 1.00 $40,000.00 $40,000.00 $85,100.00 $85,100.00 $25,000.00 $25,000.00 $40,000.00 $40,000.00 L-3 ELECTRICAL,INSTRUMENTATION,AND CONTROLS IMPROVEMENTS LS 1.00 $157,000.00 $157,000.00 $547,367.80 $547,367.80 $15,458.00 $15,458.00 $650,000.00 $650,000.00 SUBTOTAL PART L-SUGAR TREE Items L-1 thru L-3 45 000.00 1 397 753.70 80 000.00 $1,440 000.00 Grand Total 16 811 532.00 16 876 617.78 21 900 303.00 $25,335 823.00 FY 26 thru FY 28 CITYWIDE PROJECT Capital Improvement Plan Corpus Christi, Texas Project# 19029A/23182 Project Name City-Wide Lift Station Repair Contact Director of Corpus Christi Water Department Wastewater Type Reconditioning-Asset Category Wastewater Network-Lift Stations Priority Priority Level 1 Status Active Useful Life 25 years Council District City-Wide Description This project provides for implementation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 107 Lift Stations.The project identifies,prioritizes,and implements specific capital improvement in a phased design and construction approach to extend lift station service life,reduce long-term maintenance costs, improve flows,and meet Texas Commission on Environmental Quality guidelines including reducing sanitary sewer overflows.The current(FY2024-2026)program cycle includes two construction contracts to repair and upgrade the 13 prioritized lift stations:contract 1 for Laguna Shores LS,Coopers Alley L-Head LS,People's T-Head LS, Lawrence T-Head LS,Cole Park LS,Country Club LS,Military/jester LS,Waldron LS,Clarkwood South LS, Highway Nine LS,and Sugar Tree LS;contract 2 for North Beach B LS,North Beach E Lift Station and Force Main.Staff continues to inspect and evaluate the conditions of remaining lift stations, and accordingly develop CIP plan for next cycle of City-Wide Lift Station Repair project.This project covers all 6 of the City's Wastewater Service Basins,encompassing an area of roughly 160 Square Miles.This project continues into the long-range plan. justification This project is a proactive measure to prioritize specific lift stations in need of necessary maintenance and upgrades.In order to maintain regulatory compliance,increase efficiency,minimize potential hazards,and reduce future maintenance costs. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 1,727,198 6,000,000 5,000,000 3,000,000 15,727,198 Design 2,055,758 500,000 500,000 500,000 3,555,758 Eng,Admin Reimbursements 353,440 250,000 250,000 250,000 1,103,440 Contingency 0 200,000 200,000 200,000 600,000 Total 4,136,396 6,950,000 5,950,000 3,950,000 20,986,396 Funding Sources Prior FY 26 FY 27 FY 28 Total Revenue Bonds 3,139,509 6,950,000 5,950,000 3,950,000 19,989,509 PAYGO 996,887 0 0 0 996,887 Total 4,136,396 6,950,000 5,950,000 3,950,000 20,986,396 Budget Impact Lift Station upgrades and repairs can prevent costly breakdowns,reduce energy costs,and avoid fines for not meeting regulatory requirements while overall reducing long-term operational expenses. 280 Construction Contract Award Citywide Lift Station Repair FY2019 - 2020 Nicholas J. Winkelmann, P. E. Interim Chief Operating Officer - Corpus Christi Water January 27, 2026 CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER Background • The City owns and maintains 107 lift stations that conveywastewater to six wastewater treatment plants • Due to the caustic and corrosive wastewater =y environment, as well as continuous operation of the equipment, many lift stations experienceei,, operational issues and maintenance costs • The Citywide Lift Station Repair program was T developed in 200E to identify, prioritize, and ` �+ implement specific capital improvements in a I phased design and construction approach • The program aims to extend lift station service life, reduce long-term maintenance costs, improve flows, and meet Texas Commission on Environmental Quality (TCEQ) regulatory compliance, including reducing sanitary sewer CITY OF CORPUS CH RISTI overflows CORPUS CHRISTI 2 WATER Citywide Lift Station Repair IN Project includes rehabilitation of nine lift stations ,% Project Number:19029A and installation of two replacement lift stationsPE , N �N IN Lift stations to be rehabilitated: IN Laguna Shores Lift Station �_ HIGHWAY NINE L.S. IN People's Street T-Head Lift Station IN Lawrence Street T-Head Lift Station • Cooper's Alley L-Head Lift Station IN Clarkwood South Lift Station <% IN Highway Nine Lift Station I IN Cole Park Lift Station �� IN Country Club Lift Station 4 as°°° �° } • Military/Jester Lift Station " IN Waldron Lift Station LOCATION MAP IN Sugar Tree Lift Station , NOT TO SCALE VICoN.oT�VpiMAP s.I:. .I INRepairs will extend service life of the lift stations CITYWIDE LIFT STATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS by at least 20 years, improve operational REPAIR FY 2019-2020 DEPARTMENT OF ENGINEERING SERVICES capabilities, reduce overflows, and reduce maintenance and repair costs AS AF CITY OF CORPUS CHRISTI CORPUS CHRISTI j WATER Project Timeline September-June July-January February- October Dew n Bid/Award Construction Schedule reflects City Council award in January 2026 with anticipated construction completion by October 2027. Staff Recommendation and Fiscal Impact Staff recommends awarding the construction contract to Associated Construction Partners, Ltd. in the amount of $16,811,532.00 for the Citywide Lift Station Repair FY2019-2020 project. Fiscal impact for Corpus Christi Water in FY 2026 is an amount not to exceed $5,200,000.00 for construction with funding available from the Wastewater Capital Fund. Remaining funds will be incurred in FY 2027 and FY 2028 in the amount of $11,611,532.00. Budgetary adjustments will be made in FY 2027 and FY 2028 to reflect the new contract costs. CITY OF CORPUS CHRISTI CORPUS CHRISTI 4 WATER CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER . M AGENDA MEMORANDUM Action Item for the City Council Meeting of January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreyea-corpuschristitx.gov (361) 826-3851 Daniel McGinn, Director of Planning & Community Development danielmc(u-)corpuschristitx.gov (361) 826-7011 Sergio Villasana Jr., CPA, CGFO, CIA, Director of Finance & Procurement sergiov2a-corpuschristitx.gov (361) 826-3227 Construction Contract Award Convention Center Flood Mitigation CAPTION: Motion awarding a construction contract to Mako Contracting of Corpus Christi, Texas, for improvements to the stormwater drainage system at the Hilliard Convention Center garage and loading dock, located on the west side of the convention center, in an amount not to exceed $1,363,685.05, located in Council District 1, with FY 2026 funding available from Convention Center CIP Funds. SUMMARY: This motion awards a construction contract to Mako Contracting of Corpus Christi for the construction of an upgraded pump station designed to provide 100-year storm protection. The new station will feature an 8-foot-diameter, 16-foot-deep wet well equipped with a two-pump system capable of handling 1,500 gallons per minute. Additionally, the force main will be upgraded to a 10-inch pipeline to support increased flows. The existing stormwater main, which was found to have continuous infiltration, will be removed and replaced with a new main to ensure system integrity. BACKGOUND AND FINDINGS: The Hilliard Center's underground Convention Center garage and Loading Dock continues to experience persistent flooding due to critical deficiencies in the stormwater drainage system. At present, the garage is being drained through a temporary pump system powered by an extension cord for the last eight years. While this arrangement provides limited relief by gradually removing water after flooding occurs, it fails to resolve the underlying issue. Investigations have determined that the flooding is the result of a nonfunctional pump station that has exceeded its service life. Based on these findings, the design team evaluated the existing system and initiated upgrades to the stormwater infrastructure to ensure adequate protection against 5-year, 25-year, and 100- year storm events. The existing pump station is undersized and no longer functional, leading to water pooling in the garage during every rain event. Field surveys and hydrologic analyses confirmed that the current system cannot handle peak flow rates, with the required capacity far exceeding its capability. The dual 3-inch force mains currently in place are inadequate, necessitating an upgrade to a single 10-inch force main. Furthermore, the previous pump configuration lacked any protective barriers, leaving the equipment vulnerable. An analysis of the gravity system also revealed a stormwater main with structural breaks and continuous infiltration, which further contributes to the overall system failure. To address these issues, a new pump station with a larger wet well and dual pumps will be installed. This system will be capable of handling 1,500 gallons per minute and will provide the redundancy necessary to ensure reliable operation during major storm events. The force main will be upgraded to a 10-inch pipeline to support increased flows, and the damaged stormwater main will be replaced to eliminate infiltration and restore system integrity. Stormwater inlets located in the underground garage will connect to the new pump station, which will be constructed adjacent to the convention center parking entrances. To protect the new infrastructure while maintaining accessibility, the station will feature removable bollards. Most of these improvements will occur underground within the main convention center open parking lot, which will be partially disturbed during construction but fully restored and re-striped to its original condition once work is complete. Construction sequencing will be critical to minimize disruption to Hilliard Center operations, with work coordinated among the City, Oakview Group, and the design team to schedule activities around traffic and event use. The improvements have been structured into four phases that can be implemented individually, allowing installation to proceed with limited interruption.This phased approach ensures that the facility remains functional while the necessary infrastructure is modernized to prevent future flooding. This project will be managed and inspected by City Staff. PROJECT TIMELINE: 1 125 2025 -2026 2026 November—July August -January February— September Design Bid/Award Construction Project schedule reflects City Council award in January 2026 with anticipated completion by September 2026. COMPETITIVE SOLICITATION PROCESS On August 17, 2025, the Contracts and Procurement Department issued a Request for Bids (RFB #6737) for Convention Center Flood Mitigation. On September 17, 2025, the city received no bids. A Contractor Non-Participation surveys were sent out to collect feedback and with the collected information we moved forward to rebid the item. On October 26, 2025, the Contracts and Procurement Department issued a Request for Bids (Rebid). On December 3, 2025, the city received three bids. The city analyzed the bids in accordance with the contract documents and determined that Mako Contracting was the lowest responsive and responsible bidder. A summary of the bids is provided below: # Bidder Base Bid 1 Mako Contracting (Corpus Christi, TX) $1,363,685.05 2 Barcom Construction, Inc. (Corpus Christi, TX) $1,804,582.00 3 JE Construction Services (Corpus Christi, TX) $2,182,990.00 Engineer's Opinion of Probable Construction Cost $1,345,841.00 The low bid is slightly above the engineer's estimate, but staff do not have any concerns about awarding the contract to the low bidder. Mako is a very experienced contractor and is standing by their bid. The low bid received indicates that the engineer has properly estimated the value of the work. Mako Contracting's extensive experience with similar projects provided a competitive edge in their bid. Mako Contracting has successfully completed many construction projects with the City of Corpus Christi. Some recently completed projects include: • Hearn Road (Callicoatte to Dead End) (Bond 2020) ($5,440,307.31) — The project included the reconstruction of Hearn Road from Callicoatte Road to Dead End. The construction included a 2,700' two-lane roadway with new asphalt pavement, installation of curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, utility improvements to water, wastewater and storm water • Lipes Boulevard (Sunwood Drive to Staples Street) (Bond 2020) ($8,129,921.29) - The project included the full depth rehabilitation of Lipes Boulevard — Sunwood Drive to Staples Street, which includes various street and utility improvements. • Wildcat Drive (FM 624 to Teague Lane) (Bond 2020) ($3,269,820.07) — The project included the reconstruction project of various street and utility improvements. The total length of the project is approximately 1,550 linear feet. • Huntwick Avenue—South Staples Streetto Pavement Change(Type B)($954,452.20) —The project included the demolition and installation of existing improvements including: pavement section, curb and gutter, sidewalk, and driveways located from S. Staples Street to Pavement Change, approximately 555 feet (0.10 miles). Based on the review, city staff recommends that the City award the construction contract to the low bidder— Mako Contracting. ALTERNATIVES: The City Council could choose not to award the contract to Mako Contracting. This decision would delay the project and the upgrades needed to address the flooding issues in the area in a timely manner. FISCAL IMPACT: The proposal is to award a construction contract to Mako Contracting in an amount not to exceed $1,363,685.05 for the construction of an upgraded pump station at the Hilliard Center Convention Center. Project funds are available from Convention Center CIP Funds. FUNDING DETAIL: Fund: ConvCtr (Fund 3180) Department: Economic Development (34) Organization: Grants & Capital Projects (89) Project: Convention Center Flood Mitigation (Project No. 25024) Account: Construction (550910) Activity: 25024 Amount: $1,363,685.05 TOTAL $1,363,685.05 RECOMMENDATION: Staff recommend awarding the construction contract to Mako Contracting for the construction of an upgraded pump station at the Convention Center to address flooding; the contract is in the amount of $1,363,685.05, with a construction duration planned for up to 180 days from the issuance of the Notice to Proceed, starting in February 2026 and reaching completion by September 2026. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation RFB 6737 Convention Center Flootl Mitigation(Rebitl)25024 ID'.RFB 6737 It.. D,-,tib, Out Q.-bty M�.Co.t-ting Tt.1 B....C-h-udiw,1.0 Tbd JE CONSTRUCTION SERVICES TOW Ai MoWization(5%Maximum) LS 100 $3,000.00 $3,00000 $86,191 GI $B6,1910I $98,611500 $9868500 A2 Block Sotltling SY 3200 $2000 $64000 $950 $30400 $6600 $2,1120 A3 SWPPP plan LS 100 $10,000.00 $10,00000 $2]0]00 $2,70700 $420000 $4,20000 A4 SWPPP BMPs LS 100 $15,ON 00 $15,ON 00 $4,45200 $4,45200 $11440W $1144000 A5 Site Control,Traffic Control,Petlestrian Traffic Control LS 1C0 $1000000 $10 NOIt $15,64500 $1564500 $16,490W $16'9000 A6 _ Bontls antl Insurance(2°b Maximum) LS 100 $25500.00 $2550000 $24069.00 $24,06900 $23873.00 $23873.00 Sub Totals $64,140 00 $133,368 01 $156,80000 B1 10"Fusible PVC Fomemain in RCP LF 23500 $20125 $4]29375 $26927 $63,27845 $26100 $61335 GO B2 10"C-900PVCForcemain LF 21600 $10580 $22 B-80 $14742 $3184272 $24600 $53,136N B3 10"DI Bend EA 1300 $150090 $1950000 $2,406.93 $3120000 $1,76000 $228800 Sub Totals $89 646 55 $126,411 26 OR INAGE IMPROVEMENTS Cl Remove Existing Pp.(up to 18") LF 42000 $3000 $1260000 $3761 $15,879620 $4900 $20580 GO C2 Trench Drain LF 5300 $2200 GO $116,60000 $212877 $11282481 $65600 $34,76800 C3 4'Type W Storm Manhole EA 100 $15,52500 $15,52500 $20,3W 00 $20,30800 $T,90000 $7,90000 C4 Typo'B'Storm Manhole EA 1C0 $1167500 $1167500 $1122900 $17,22900 $790000 $]911000 CS Replace Ring antl Cover at Gratle EA 100 $3,10000 $3,10000 $M136200 $436200 $320000 $3,20000 C6 81PVC Drain LF 2900 $11800 $3,42200 $15344 $4,44976 $6400 $1856N C7 18"RCP LF 22100 $15050 $34,16350 $20308 $46099.16 $11200 $25,42400 CB 24"RCP LF 12400 $24800 $3075200 $34600 $4290400 $16200 $2008800 C9 Tie Existing Buihting Brain to B'PVC Brain EA 100 $2875.00 $2,875.00 $496400 $4964.DO $196000 $1960.00 Sub Totals $230,712 50 $268 9W 93 $123 676 00 PUMP STATION IMPROVEMENTS D 1 Demolition antl Removal RoO.notl for Construction of all pump LS 1 W $14950 00 $14 950 00 $24 069 00 $24,06900 $184 330.00 $184 330 W D2 Package Lift Station LS 100 $509'5W 00 $509,500.00 $66'40000 $660,40000 $72 1 586 00 $721 58600 D's Electrical lmpmvemenis at Package Lifl Station LS 1 W $38,ON 00 131000.00 $67,69400 $6]694.00 $239680.00 $239,80.00 D=. Electrical lmpmvemenI,at Manh0le'A' LS 1W $1000000 $10,000.00 $2572400 $2172400 $1466000 $14660.00 S.T Totals $572 450 00 $77]887 00 $1,160 256 00 El Remove antl Replace Asphalt Paving SY 3200 $200.00 11 $29635 $948320 $265.00 $8480.00 E2 Replace Paving,Curb antl Gutter,antl Sitlewalk SY 15300 $125.00 $19,12500 $222 64 $34 063 92 $121 00 $18 513.00 E' Remove antl Replace Concrete Paving SY 32]00 $125.00 $40,8I500 $341.11 $111 54297 $246.00 $80442.00 S b Total:, $66,400 00 $155,090 09 $107,435 00 Fi , Lantlscaping antl Materia is LS 1 00 $45,000 00 $45 00000 $61 223.17 $61 223.17 $64010 00 $64 010 00 F2 Concrete Planter Curb LF 14300 $20W $288000 $3761 $5,37823 $3400 $4862 GO F3 Land-Ino,Lighting LS 100 $15'ON 00 $15,00000 $150429 $150429 $19600 GO $1960000 F4 Seetling/Sotl SF 4,780N $070 $3,34600 $002 $391960 $200 $9,55000 F5 Inu on SF 4,00000 $1090 $43,6W 00 $767 $30,68000 $1800 $7200000 F6 Louverotl Fencing antl Gates LS 1 W $4200000 $4200000 $53,83600 $53,83600 $3410000 $34,70000 F] FDC Signage on Lou-nod Fence EA 200 $50000 $100000 $752.16 $150432 $11380 GO $2276000 FB Knox Box on Loverotl Fence Gate EA to $25W 00 $2 50000 $3,45900 $3,45900 $9,440 GO $9,440 00 F9 Effluent Watering DAY 9000 $15000 $13,50000 $10121 $9,126.11 $96111 11641111 F10 _ Lantlscape Metal Edging LF 18000 $8.50 $1,530.00 $13.10 $2,358.00 $2300 $4,14000 Sub Totals $170,335 00 $172 8W 71 S327,47200 ALL WANGES G1, Allowance for Untorseen Contlitions AL 100 $100,000.00 $10000000 $1 00 0110 00 $10000000 $10000000 $100,000N Allowance forremove stormmainantltlirectburybrcemain AL 1 W $50,ON 00 $K,woo $mI,Ow 00 $50,00000 $5000000 $5000000 Allowance for un,nticipatetl tlisplosal of contaminatetl grountlwater AL 100 $10,ON 00 $1600000 $10,00000 $10,00000 $10,00000 $10,00000 Allowance for Replacementof Pumpsat ManholeA AL 100 $10,00000 $10,00000 $10000.00 $1,'00000 $10000 GO $10,00000 Sub Toials $170,001100 $170,001100 $170,000 0 G..d Toial $1 363 685 05 $1804,58200 $2,18299000 FY 26 thru FY 28 Capital Improvement Plan Corpus Christi, Texas -' Project# 25024 Project Name Convention Ctr.Flood Mitigation Contact Dir of Planning&Economic Development Department Economic Development Type Reconditioning-Asset Category Convention Center Priority Priority Level 1 Status Active Useful Life 25 years Council District 1 Description This project will address drainage issues around the Convention Center, flooding in the underground garage and loading docks. Justification Convention Center is experiencing flooding around the building,in the parking garage as well as the loading dock. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 1,511,000 0 0 0 1,511,000 Design 150,000 0 0 0 150,000 Eng,Admin Reimbursements 150,000 0 0 0 150,000 Total 1,811,000 0 0 0 1,811,000 Funding Sources Prior FY 26 FY 27 FY 28 Total Convention Center Complex-4710(PRIOR) 1,811,000 0 0 0 1,811,000 Total 1,811,000 0 0 0 1,811,000 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. 66 GoQus Cy,�s'� =AN CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION) s., - Council • • • PROJECT MAPS CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) ` WATER GARDEN N PROJECT LOCATION i 2 City of Corpus Christi PROJECT SCOPE CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) The project includes the replacement of a stormwater pump station, along with associated gravity storm sewer improvements, force main installation, and electrical improvements on the west side of the Hilliard Center's Convention Center. In addition to the pump station, within the area of work some landscaping and limited irrigation improvements are also included. 3 City of Corpus Christi EXISTING CONDITIONS CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) Flooding in the parking garage after rains. " 4 City of Corpus Christi EXISTING CONDITIONS CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) Temporary Fix Sump Pump 5 City of Corpus Christi G" EXISTING CONDITIONS CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) 04 y ..y. ry Existing Non-Functional Pumps 6 City of Corpus Christi f� PROPOSED DESIGN CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) JF� 7 City of Corpus Christi PROPOSED DESIGN CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) fa-29 REMONEABLEI 1 BOLLARDS a `{ a 0 G WED EBOX a O a a -GAS VALVE �73' ±3.41 60L ;a) — 1P%Fic PUMP STATION LIFTCATf TOP: 3.75 v 24" RCP FL:—8.38 (NE) (SEE PUMP STATION PLAN SHEET C.14) 8 City of Corpus Christi PROJECT SCHEDULE CONVENTION CENTER FLOOD MITIGATION (CONSTRUCTION ) November — July August-February March — September Design Bid/Award Construction The projected schedule reflects a City Council construction award in January 2026, with anticipated completion of construction by September 2026. 9 City of Corpus Christi f GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2025 DATE: January 27, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmond, P.E., Director of Engineering Services 0effreye(u-)-corpuschristitx.gov (361) 826-3851 Robert Dodd, Director of Parks and Recreation Department Robertd3(c-)corpuschristitx.gov (361) 826-3935 Sergio Villasana Jr, CPA CGFO, CIA, Director of Finance sergiov2(u-)corpuschristitx.gov (361) 826-3227 Construction Contract Award Coopers Boaters Facility and L-Head Parking Lot Resurface CAPTION: Resolution awarding a construction contract to B.E. Beecroft Company, Inc. of Corpus Christi for the Coopers Boaters Facility and Parking Lot Resurfacing - L Head project in an amount up to $6,601,560.20 for construction of a new boater's facility, demolition of the existing one, and resurfacing the L-Head parking lot located in Council District 1, with FY 2026 funding available from the Type A Sales Tax fund. SUMMARY: This resolution approves a construction contract for a new boater's facility located at 96 Coopers L-Head Street, Corpus Christi, TX. The proposed two-story facility will be approximately 3,500 square feet and will include unconditioned public restrooms, climate-controlled shower and restroom facilities for tenants, a laundry room with washers and dryers, as well as a meeting room and storage areas. The project also includes site improvements such as resurfacing and striping a portion of the L-Head parking lot, installing new curbs and gutters, and adding limited landscaping. BACKGROUND AND FINDINGS: Funding for the Coopers Boaters Facility Project was initially approved in FY 2023 through the Type A Sales Tax for$350,000.00, with additional funding of$5,450,000.00 approved in FY 2025. To cover any cost shortfall, supplementary funds were drawn from cost savings realized in the Peoples Boardwalk Project in the amount of $394,326.00. Furthermore, the Type A Sales Tax funding for the Parking Lot Resurfacing - L Head project was approved in FY 2025 for $865,000.00, with a further allocation of $735,000.00 approved in FY 2026. A total of $6,601,560.20 is available in FY26 for the construction contract through the Type A Sales Tax fund. The existing Coopers Boater's Facility, built in 1999, has outdated infrastructure and limited amenities. It currently offers only two restrooms and a single washer and dryer, which are insufficient to meet the needs of all tenants, especially with the recent addition of 119 boat slips. Coopers Alley,the landmass where the facility is located, also supports a variety of marine-related operations, including the only three-lane public boat ramp in the area, multi-unit outdoor dry dock storage, a seafood and bait stand, a haul-out facility, and marina maintenance services. It is also home to Gulf Stream Marine and the Corpus Christi Yacht Club. The new boater's facility will be an elevated structure designed to meet flood elevation requirements, featuring an expressive roof inspired by the forms of wind and sail. The building will include four climate-controlled showers and toilets with shower benches for tenant use, as well as a laundry room equipped with ADA-accessible washers, dryers, an ice machine, and a new security system. A large meeting room will provide storage space for stackable tables and chairs, and a small coffee bar will be available for added convenience. Solar shades will be installed on the windows to enhance energy efficiency. The facility will also include naturally ventilated public restrooms for men and women, a naturally ventilated storage and workspace area at ground level for boater use, and a covered plaza beneath the building for shaded outdoor gathering. The project also includes resurfacing, new pavement, and striping of the large parking lot at Coopers L-Head near the public boat ramp. These improvements will help guide the public, visitors, and tenants on designated parking areas and assist with the safe and efficient launching of vessels. Overall, this project will provide modern, functional facilities to accommodate the growing number of tenants and public users. By adding more restrooms, showers, a meeting room, laundry facilities, and dedicated work and storage areas, the new boater's facility will enhance the user experience and increase overall customer satisfaction. PROJECT TIMELINE: 1 1 1 1 . 2026-2027 August —August September — January February— February Design Bid/Award Construction Project schedule reflects award in January 2026 with anticipated completion by February 2027. COMPETITIVE SOLICITATION PROCESS: On August 27, 2025,the Contracts and Procurement Department issued a Request for Bids (RFB) with RFB Number 6335 for the Coopers Boater's Facility and Parking Lot. On October 10, 2025, the City received bids from two bidders.The City analyzed the bids in accordance with the contract documents and determined that Beecroft Company, Inc., was the lowest and most responsible bidder. As the lowest bid received was within the acceptable range of the Engineer's Opinion of Probable Cost, Arning Company was determined to be non-responsive due to failure to demonstrate sufficient experience. This experience criterion requires satisfactory completion as a prime contractor of at least five similar projects within the last five years for the bidder's organization that are equal to or greater in size and complexity than the current project. A summary of the bids is provided below. BID SUMMARY Contractor Base Bid Add. Alternate 1 Add. Alternate 2 Add. Alternate 3 Base Bid + Alternates iNeR assville ooS,Missouri) $68,849.09 B.E. Beecroft Company, Inc. $6,099,762.37 $113,960.38 $171,505.95 $216,331.50 $6,601,560.20 (Corpus Christi) Architect's/Engineer's Opinion of Probable $4,745,512.00 Construction Cost Add. Alternate 1: Rebar— Epoxy coated in lieu of galvanized. Add. Alternate 2: Railings—Stainless Steet 316 in lieu of painted galvanized system. Add. Alternate 3: Roofing— PMMA in lieu of Modified Bituminous. The bids received were higher than the Architect's/Engineer's Opinion of Probable Construction Cost. Manufactured content has experienced increased costs in recent years due to supply interruptions and tariffs. This has been a common factor in bids exceeding the designer's cost estimate. The bids received are reasonably close indicating that they are reflective of current market conditions. Although, the City is experiencing very competitive bids on civil projects architectural and process projects have tended to draw less interest. Overall, staff believes that these are competitive bids and that we are unlikely to achieve a better result by re-advertising. B.E. Beecroft Company, Inc. is a statewide recognized contractor established over five decades ago and has since thrived in the construction industry primarily as a general contractor with headquarters in Corpus Christi, Texas. On November 11, 2025, the Engineering Services Department conducted an administrative hearing to assess the contractor's background and the qualifications of their team. This meeting provided further validation of their expertise across a wide range of construction projects, including government contracts. B.E. Beecroft Company, Inc., in partnership with local contractors and vendors, specializes in a wide range of commercial projects. Their portfolio includes: • City of Portland's Fifth and Elm Events and Entertainment Center— large civil project featuring an elevated concrete, stainless steel, outdoor public restroom and dedicated meeting rooms. — Construction cost of$27.4M. (Completed in 2025) • Mustang Island Episcopal Retreat Center, — project involved ground-up construction featuring a unique and complex structural design engineered specifically to endure a harsh salt air environment. — Construction cost of$4.4M. (Completed in 2022) • Port of Corpus Christi Administration Building — project involved ground-up construction utilizing elevated concrete and a curtain wall system secured with stainless steel connectors, specifically designed to resist salt air exposure. - Construction cost of $27.2M. (Completed in 2020) • Coastal Bend Food Bank— project featured a complex construction with a concrete finish. — Construction cost of$29.5M (Completed in 2024) ALTERNATIVES: The alternative is not to award the construction contract to the responsive and responsible bidder, B.E. Beecroft Company, Inc. This would delay the replacement of the existing Coopers Boater's Facility and the resurfacing of the L-Head parking lot. FISCAL IMPACT: The fiscal impact in FY 2026 is an amount not to exceed $6,601,560.20 with funds available from the Type A Sales Tax fund. Additional funds in the amount of$394,326.00 were drawn from the Peoples Boardwalk Project surplus to offset the shortfall of funding for the Coopers Boater's Facility and the resurfacing of the L-Head parking lot project. FUNDING DETAIL: Fund: Seawall Sys (Fund 3271) Department: Parks and Recreation (27) Organization: Grants & Capital Projects Funds (89) Project: Coopers Boaters Facility (21025) Account: Construction (550910) Activity: 21025-3271-EXP Amount: $5,173,015.20 Fund: Seawall Sys (Fund 3271) Department: Parks and Recreation (27) Organization: Grants & Capital Projects Funds (89) Project: Parking Lot Resurface L-Head (23050) Account: Construction (550910) Activity: 23050 Amount: $1,428,545.00 Total $6,601,560.20 RECOMMENDATION: Staff recommend awarding a construction contract for the Coopers Boater's Facility and L-Head parking lot resurface to B.E. Beecroft Company, Inc., in an amount not to exceed $6,601,560.20 with anticipated completion by February 2027. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Bid Tab CIP Page PowerPoint Resolution awarding a construction contract to B.E. Beecroft Company, Inc. of Corpus Christi for the Coopers Boaters Facility and Parking Lot Resurfacing — L Head project in an amount up to $6,601,560.20 for construction of a new boater's facility, demolition of the existing facility, and resurfacing the L-Head parking lot located in Council District 1, with FY 2026 funding available from the Type A Sales Tax fund. WHEREAS, the apparent low bidder for the Project, Arning Company, submitted a nonresponsive bid by failing to meet the requirements of the bid documents; and WHEREAS, per Section 41-24 of the Code of Ordinances, nonresponsive bids are not considered for award. 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 a construction contract with B.E. Beecroft Company, Inc. for construction of the Coopers Boaters Facility and Parking Lot Resurfacing — L Head project in the amount up to $6,601 ,560.20. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary FY 26 thru FY 28 -' Capital Improvement Plan Corpus Christi, Texas `- A i Project# 21025 Project Name Coopers Boaters Facility Contact Marina General Manager Department Marina Type Improvement/Additions Category Marina Upgrades Priority Priority Level 1 Status Active Useful Life 35 years Council District 1 Description This project will provide an adequate facility for the increased volume of both tenants and the general public.Creating a new boaters facility with additional public restrooms,tenant restrooms/showers, meeting room,laundry room and work and storage rooms will provide a modern experience and increase customer satisfaction. Justification The existing facility only has two restrooms and one washer and dryer.With the addition of 119 slips,the volume of use has increased tremendously to the building.On the other two landmasses(Peoples and Lawrence Streets),tenants have access to multiple restrooms and multiple washers/dryers.This landmass houses the only three-lane public boat ramp, multi-unit outdoor dry-dock storage,Jane's Seafood&Bait Stand, Haul out Facility&Marina Maintenance along with Gulf Stream Marine and the Corpus Christi Yacht Club.It is also the staging area for World Class Regattas,which are scheduled for the next three years.It is a busy location. Plus, the security access is not uniform with the other boaters facilities. It has a key-pad access rather than the fob-key access,creating an inconvenience to tenants and staff and the code is easily compromised. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 4,962,797 0 0 0 4,962,797 Design 344,112 0 0 0 344,112 Eng,Admin Reimbursements 493,091 0 0 0 493,091 Total 5,800,000 0 0 0 5,800,000 Funding Sources Prior FY 26 FY 27 FY 28 Total Type A Sales Tax-1120 Seawall(2000)PRIOR 5,800,000 0 0 0 5,800,000 Total 5,800,000 0 0 0 5,800,000 Budget Impact Annual maintenance and operating costs are estimated at$18,000. 122 FY 26 thru FY 28w� F Capital Improvement Plan P 'fib_•� - ,r Corpus Christi, Texas Project# 23050 Project Name Parking Lot Resurfacing-L Head Contact Marina General Manager Department Marina Type Reconditioning-Asset Category Marina Upgrades Priority Priority Level 3 Status Active Useful Life 20 years Council District 1 Description The project consists of the resurfacing,new pavement and striping of the large parking lot on Coopers L Head by the public boat ramp.The new pavement and striping will assist the public,visitors and tenants to know where parking is allowed;and assist boats entering the boat ramp area to launch their vessels. justification The current pavement in the parking lot is in very poor condition,and has no visible striping.Boaters,visitors and tenants have difficult determining the parking spaces,and the potholes and loose pavement make it difficult to maneuvering vehicles with trailered boats. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 795,000 665,000 0 0 1,460,000 Eng,Admin Reimbursements 78,940 70,000 0 0 148,940 Design 25,230 0 0 0 25,230 Total 899,170 735,000 0 0 1,634,170 Funding Sources Prior FY 26 FY 27 FY 28 Total Type A Sales Tax-1120 Seawall(2000)CIP RESERVE 0 735,000 0 0 735,000 Marina Fund Reserves 34,170 0 0 0 34,170 Type A Sales Tax-1120 Seawall(2000)PRIOR 865,000 0 0 0 865,000 Total 899,170 735,000 0 0 1,634,170 Budget Impact The updated parking lot will be placed on the regular maintenance schedule. No significant budget impact will be seen on an on-going basis. 124 8 aanra � . NA N lwew` M " P CORPUS CHRISTI 8AY 7- SCALE: N.T.S. �r ae LOCATION MAP NOT TO SCALE r 1 1 c popFRS r7 � O r PROJECT SITE LEGEND 21025 - COOPERS BOATERS FACILITY 23050 - PARKING LOT RESURFACE L-HEAD AERIAL MAP PROJECT NUMBER: 21025 & 23050 NOT TO SCALE '- COOPERS BOATERS FAC/L/TY & CITY COUNCIL EXHIBITCITY OF CORPUS CHRISTI, TEXAS PARK/NG LOl RESURFACE L-HEAD DEPARTMENT OF ENGINEERING SERVICES Go�Qus C COOPERS BOATERS FACILITY AND PARKING O RESURFACE LOT RE E C L-HEAD (CONSTRUCTION). s: 1 PROJECT MAPS COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) J7: �- I y i ^. CPEFS ECATER FR�:Ii ITS ACE 1-HAD f 2 City of Corpus Christi PROJECT SCOPE COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) The project involves the construction of a new two-story boater's facility at 96 Coopers L-Head, totaling approximately 3,500 square feet. The facility will feature unconditioned public restrooms, climate- controlled showers and restrooms for tenants, a laundry room equipped with washers and dryers, as well as meeting and storage areas. In addition to the building, the project includes site improvements such as resurfacing and stripping a portion of the L-Head parking lot, installing new curbs and gutters, and adding limited landscaping. 3 City of Corpus Christi EXISTING CONDITIONS COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) F Al Tenants -Restrooms and Laundry Area " 4 City of Corpus Christi EXISTING CONDITIONS COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) . MM` .. t i Tenants -Restrooms and Laundry Area 5 City of Corpus Christi _ � EXISTING CONDITIONS COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L—HEAD (CONSTRUCTION ) � _ o o Public Restrooms ��� 6 City of Corpus Christi EXISTING CONDITIONS COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) Public Restrooms 7 City of Corpus Christi '3 PROPOSED DESIGN COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) 8 City of Corpus Christi EXISTING CONDITIONS COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) a Parking areas _ 9 City of Corpus Christi PROJECT SCHEDULE COOPERS BOATERS FACILITY AND PARKING LOT RESURFACE L-HEAD (CONSTRUCTION ) August —August September-January February — February Design Bid/Award Construction The projected schedule reflects a City Council construction award in January 2026, with anticipated completion of construction by February 2027. 10 City of Corpus Christi f GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! se GO � O� A H AGENDA MEMORANDUM 'NCORPOP Action Item for the City Council Meeting of January 27, 2026 1852 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com (361) 886-2604 Approval to submit a grant application to the Texas Department of Transportation for funding available for DWI and Speed enforcement for the Corpus Christi Police Department CAPTION: Resolution authorizing submission of a grant application for$107,728.00 to the Texas Department of Transportation with a cash match of $30,105.23 under the FY 2027 Selective Traffic Enforcement Program for overtime and fringe benefits for DWI and speed enforcement for the Corpus Christi Police Department. SUMMARY: Funding is available from the Texas Department of Transportation for overtime for Corpus Christi Police Department sworn officers to increase traffic enforcement in Corpus Christi. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities carried out by local law enforcement organizations in an effort to reduce vehicle crashes. The STEP program helps to reduce vehicle crashes by having local law enforcement organizations focus on traffic enforcement efforts in high vehicle crash areas. The Corpus Christi Police Department (CCPD) will use the funds received from this grant to provide approximately 1,650 hours of overtime funding to sworn officers for additional enforcement for DWIs, speed violations, and distracted driving across Corpus Christi. The efforts will take place on varying days of the week and hours of operation. The City match in the amount of $30,105.23 will be used for overtime hours and fringe benefits for sworn officers. The STEP program reimburses Texas cities through this grant based from the respective City's history of fatal accidents and speed related accidents. Each year, Texas cities provide the STEP program with performance reports based on the impact on DWIs, speed violations, and distracted driving from the previous year. The data submitted is reviewed by STEP for them to decide on the respective distribution award amounts to various Texas cities. This grant is for a one-year period beginning on October 1, 2026 through September 30, 2027. CCPD has received this grant for over 20 years. Last year, the City received $106,064.00 from this grant program. The City is required to have a 21% match as part of this grant program's funding requirements. ALTERNATIVES: The alternative is not to accept the grant and, therefore, not provide additional enforcement for DWI, speed violations, and distracted driving across Corpus Christi. However, this will lead to more vehicle crashes and a less likelihood that the City will be awarded the grant in future years. FISCAL IMPACT: There is no fiscal impact in FY 2026. If awarded, there will be a required cash match of$30,105.23 to be taken from FY 2027 Police General Fund. Funding Detail: Fund: 1020 Police General Fund Org: 11740 Uniform Department: 29 Project # (CIP Only): N/A Account: 510100 Salaries and Wages Amount: $3,535.50 Fund: 1020 Police General Fund Org: 11740 Uniform Department: 29 Project # (CIP Only): N/A Account: 511000 Retirement Amount: $26,569.73 RECOMMENDATION: Staff recommends approval of the submission of a grant application for$107,728.00 to the Texas Department of Transportation with a cash match of $30,105.23 under the FY 2027 Selective Traffic Enforcement Program for overtime and fringe benefits for DWI and speed enforcement for the Police Department, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution authorizing submission of a grant application for $107,728.00 to the Texas Department of Transportation, with a cash match of $30,105.23 under the FY27 Selective Traffic Enforcement Program for overtime and fringe benefits for DWI and speed enforcement for the Police Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of a grant application to the Texas Department of Transportation with a cash match of$30,105.23 under the FY27 Selective Traffic Enforcement Program for overtime and fringe benefits for DWI and speed enforcement for the Police Department. SECTION 2. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 3. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. PASSED and APPROVED on the day of January, 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Gp�p V S C/yRs J -1 FY27 Selective Traffic Enforcement Program FY27 Selective Traffic Enforcement Program Background Information The Texas Department of Transportation (TxDOT) provides grant funding to cities in Texas for the Selective Traffic Enforcement Project (STEP). The STEP program reimburses cities for overtime activities carried out by local law enforcement organizations in an effort to reduce vehicle crashes. The STEP program helps to reduce vehicle crashes by having local law enforcement organizations focus on traffic enforcement efforts in high vehicle crash areas. The City of Corpus Christi is requesting $107,728.00. 2 City of Corpus Christi G, FY27 Selective Traffic Enforcement Program Background Information This grant will provide funding for: The Police Department will use the funds received from this grant to provide approximately 1,650 hours of overtime funding to sworn officers for additional enforcement for DWIs, speed violations, and distracted driving across Corpus Christi. The efforts will take place on varying days of the week and hours of operation. 3 City of Corpus Christi FY27 Selective Traffic Enforcement Program Background Information This grant is for a one-year period beginning on October 1, 2026, through September 30, 2027. CCPD has received this grant for over 20 years. Last year, the City received $106,064.00 from this grant program. The City is required to have a 21% match. 4 City of Corpus Christi GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Questions? CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting of January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation Department Robertd4(a)corpuschristitx.gov 361-826-3133 Texas Parks & Wildlife Department Grant Application for Recreational Trail Connectivity at Bill Witt Park CAPTION: Resolution authorizing submission of a grant application to the Texas Parks & Wildlife Department under its Recreational Trails Grant Program in the amount of $300,000.00, with a required cash match of 20% of the total project costs, not to exceed $75,000.00, for trail connectivity improvements to the Bill Witt Park. SUMMARY: The Parks & Recreation Department (PARD), in coordination with Texas Parks & Wildlife Department (TPWD), propose to submit a grant application to the Recreational Trails Grant Program to improve trail connectivity at Bill Witt Park. TPWD requires that an authorizing resolution be submitted as part of the application process. BACKGROUND AND FINDINGS: Bill Witt Park, a regional park located at 6809 Yorktown Boulevard, is highly visited and known for having expansive sports facilities and family-oriented recreational spaces. The park serves as a vital hub for youth athletics/community leisure, offering 12 natural grass soccer fields and two lighted multi-purpose fields. Beyond organized sports, the park provides many other substantial amenities, such as a large playground, a seasonal splash pad, a scenic hike and bike trail (Bear Creek), a dedicated dog park, and a public amphitheater. In 2025, amenities were substantially enhanced with the addition of the Bill Witt Aquatic Center, which features a 10-lane competition pool and a recreational pool with interactive water slides. The Bill Witt Master Plan, which is part of the Parks & Recreation 10-Year Master Plan, prioritizes the expansion of trail networks to promote navigation and strengthen neighborhood connectivity. This proposal for trail connectivity aims to promote community engagement and outdoor activities by connecting the Bill Witt Park to a broader network of recreational amenities. For the trail connectivity project at Bill Witt Park, PARD plans to execute the project in two phases. This application to acquire TPWD grant funds will only be for the Phase 1 of the project. Phase 1 is a stand-alone project that includes the design and construction of a new 2,300-foot trail to connect the existing Bear Creek Hike and Bike Trail with the Oso Creek Nature Trail. The existing Bear Creek Hike and Bike Trail is constructed of decomposed granite and concrete. For the future Phase 2 project, PARD intends to expand the network by adding 4,300 feet of trail that would focus on improving internal park circulation to the park's numerous athletic amenities, including the new aquatic center, splash pad, ball fields, dog park, and playground. The funding for this grant request is a shared project cost between TPWD and the city. Upon execution, the City will provide a cash match of 20%, while TPWD will reimburse 80%. The estimated project cost for this proposal is $375,000.00. PARD is seeking the maximum grant amount of$300,000.00 to be reimbursed with a remaining City match of$75,000. Future budgets will take into account funding for Phase 2 of the project. It is expected that applicants for this grant will receive award notifications in June 2026. The grant agreement will be issued approximately 12 to 18 months after the award notification, setting forth approved work, allowable costs, and commitment to follow required procedures. Funds will become available for reimbursement once the agreement is approved and executed by TPWD and the City. The agreement will stipulate that the City has approximately four years for design and complete the construction of the trail. The City has received funds from TPWD's Recreational Trails Grants in the past. In 2005, the City received a $100,000 grant for a 4,700-foot concrete trail in West Guth Park. ALTERNATIVES: The alternative is not to apply for the grant and for Park & Recreation department to search for a different funding source for the construction of the trail. This will further delay Master Plan priorities to expand trail networks within the park. FISCAL IMPACT: There is no fiscal impact for the application process. If awarded, a cash match of $75,000.00 will be appropriated through the Park Development Fund in FY 2026. FUNDING DETAIL: Fund: 4720 — Park Development Fund Department: 27 — Parks and Recreation Department Organization/Activity: 21717 —Southside B Park Zone Project # (CIP Only): TBD Account: 550030 — Improvements other than building Amount: $75,000.00 RECOMMENDATION: Staff recommend approval of the resolution to apply for a grant from TPWD for funding in an amount up to $300,000.00 with a City cash match of $75,000.00 for the design and construction of a new trail located at Bill Witt Park. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution authorizing submission of a grant application to the Texas Parks & Wildlife Department under its Recreational Trails Grant Program in the amount of $300,000.00, with a required cash match of 20% of the total project costs, not to exceed $75,000.00, for a new trail connection at Bill Witt Park. WHEREAS, the City of Corpus Christi ("City") is fully eligible to receive assistance under the Texas Parks and Wildlife Department's Recreational Trails Grant Program; WHEREAS, this grant opportunity is a reimbursement grant program with a 20% local match requirement of total eligible project costs; WHEREAS, the new trail connection at Bill Will Park will be operated and maintained at City's expense for public outdoor recreation use for at least 20 years after the project is complete; and WHEREAS, the City certifies it has sufficient funds to meet its share of the costs of the project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Resolution authorizing submission of a grant application to the Texas Parks & Wildlife Department under its Recreational Trails Grant Program in the amount of $300,000.00, with a required cash match of 20% of the total eligible project costs, not to exceed $75,000.00, for a new trail connection at Bill Witt Park. SECTION 2. If awarded, there is a cash match in the amount of up to 20% of the total eligible project costs, not to exceed $75,000.00, with such funds to be provided from the Parks & Recreation Department's Development Fund. SECTION 3. City Council designates the Director of Parks and Recreation ("Director") as the City's authorized official. The Director is empowered to apply for, accept, reject, alter, or terminate the grant, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 4. In the event of the loss or misuse of the Recreation Trails Grant Program funds, the City assures that the grant funds will be returned to the Texas Parks & Wildlife Department in full. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary O�,PUS Cy'Pi 14 S� CITY OF CORPUS CHRISTI ° PARKS & ? _ - m RECREATION * . -r.a 1852 "y y Texas Parks & Wildlife pp Grant Application for a New r Trail at Bill Witt Park 2026NONE- SUMMARY: • The Parks & Recreation Department (PARD), in coordination with Texas Parks & Wildlife Department (TPWD), propose to submit a grant application to the Recreational Trails Grant Program to improve trail connectivity at Bill Witt Park. • The trail connectivity project aims to significantly enhance mobility by linking the park to a broader network of recreational spaces & surrounding residential neighborhoods. CI IY OF co.- - ..-PARKS & RECREATION CITY OF - - ; CORPUS °° I CHRISTI BACKGROUND : • The trail connectivity project is planned to be executed in two phases. • This application to acquire TPWD grant funds will only be for the Phase 1 of the project. • Phase 1 of the project involves the construction of a new trail, approximately 2,300 feet, that will bridge the gap between the existing Bear Creek Hike & Bike Trail and the Oso Creek Nature Trail. • Upon execution, the City will provide a cash match of 20%, not to exceed $75,000 & TPWD will reimburse 80%, which equal $300,000. C IT•O ORPI15 C ST[ PARKS & RECREATION CITY OF CORPUS II .. CHRISTI New Splash Pad& Phase2: Dalmatian Access Playground Future Trail Dr, Road Expansion Planned w ;. Main Entrance , n4. _ w 'I Steel Gr. Dog Rekis. '. Pool te'��'- @aLL Fields Park r Yorktown Bluth. Phase 7:New Trail Connection .•• {TPWDGrant Soccer Fields 4.._ �� Application)) Legend: $'' '� /• _: r Phase 1:New w`�R ❑ Trait Connection Existing Trail un tion& Existing TraiE }4 � ?�� Phase 2:Future Head Direcbanal Li t Signag Trait Expansion {Bear Creeks fff , Existing Trail R - ,�L Hike Bit Trail) +" / „,/ QAr Pr's ''� ❑ Existing Trails e (@ear Creek �� _ •y Yk Hike&Bike Traiq A y • ■ Existing Park t► Amenities i • qr fr. ❑ Roads Proposed Bill Witt Trail Connectivity ■ Adjacent Park RECREATION Current Trail • • r Bear Creek Hike & Bike Trail Head at Yorktown Blvd (North) Oso Creek - - - - i --� doe,---tr .--. �. CITY OF CORPUS CMRIS -�--- Bear Creek Hike & Bike Trail Junction RECOMMENDATION : • Staff recommend approval of the Resolution to apply for grant funding from TPWD for the design & construction of a new trail located at Bill Witt Park. 4 Err s zr, BARKS & RECREATION CITY OF - CORPUS ,. ! II C H RI STI CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting of January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation Department Robertd4(a)corpuschristitx.gov 361-826-3133 Texas Parks & Wildlife Department Grant Application for the Packery Channel Boat Ramp Renovation CAPTION: Resolution authorizing the submission of a grant application to the Texas Parks &Wildlife Department under its Boating Access Grant Program in the amount of$250,000.00 with a required City match of 25% total project costs, not to exceed to $83,333.00, for Packery Channel Boat Ramp renovations. SUMMARY: The Parks & Recreation Department (PARD), in coordination with Texas Parks & Wildlife Department (TPWD), propose to submit a grant application to the Boating Access Grant Program for Packery Channel Boat Ramp renovations. The Boating Access Grant Program provides assistance to plan and construct new, or renovate existing, public boat ramps that provide public access to public waters for recreational boating. The Boating Access Grant Program consists of two phases: Phase 1- Planning & Design grant and subsequently Phase 2—Construction grant. This grant application submittal seeks funding only for Phase 1 -Planning & Design grant, which involves the design of the two boat access ramps and a new restroom facility. TPWD requires that an authorizing resolution be submitted as part of the application process. BACKGROUND AND FINDINGS: The Packery Channel Boat Ramp, located at 11862 State Highway 361, serves as a premier coastal gateway for boaters seeking direct access to the Laguna Madre and the Gulf of Mexico. Packery Channel and its boat ramps were constructed in 2006. This high-traffic facility is a critical infrastructure asset that provides essential deep-water access and serves as a key launch point for offshore excursions that support local tourism and the fishing culture. With its proximity to natural coastal habitats and fishing grounds, the boat ramp is a vital component of the City's commitment to provide high-quality and accessible waterfront amenities for the public. The Packery Channel Boat Ramp is included in the City's adopted FY 2026 Capital Improvement Plan (CIP). The proposed renovations align with the objectives of the FY 26 CIP and will comprehensively rehabilitate the facility's core infrastructure to improve efficiency and safety. There have been no major improvements to the Packery Channel boat access ramps since construction was finished in 2006. There are currently no permanent restroom structures in place, thus portable toilets are employed to meet the need. The boat ramps feature fixed docks on both sides. The overall project involves the renovation of two boat access ramps, as well as supporting infrastructure, to facilitate smoother water entry and includes a new restroom facility to enhance the boater experience. Infrastructure renovations will improve the fenders and compliance with ADA requirements. These renovations will ensure the facility remains a safe and modernized hub for the Texas coastal community. Submitting a grant application for Phase 1 is a necessary step for the future pursuit of the TPWD Boating Access Grant for Phase 2, which involves the construction phase. It is expected that TPWD will notify awarded recipients in September 2026 and will make a Planning Grant Agreement available to awarded recipients shortly thereafter. Recipients will be allowed to begin the planning/design process within 90 days of the executed agreement. Reimbursement requests will be accepted once the agreement is executed by TPWD and the City. The funding for these improvements is a shared project cost between TPWD and the City. Upon execution, the City will contribute a cash match of 25%, while TPWD will reimburse 75%. The total grant amount is $250,000, comprising $166,667 from TPWD Funds and a City match of$83,333 from the Tax Increment Reinvestment Zone #2, allocated for the Packery Channel Capital Repairs CIP project. ALTERNATIVES: The alternative would be to not apply for the grant. However, not applying for the grant will delay the necessary improvements to the boat access ramps, and the City will need to use operating funds for the improvements. FISCAL IMPACT: There is no fiscal impact for the application process. However, if awarded, a required City cash match up to 25% total project costs, not to exceed $83,333.00 will be funded by Packery Channel TIF 2 in FY26. FUNDING DETAIL: Fund: Packery Channel TIF2 Department: 27 Organization/Activity: 89 Grants & CIP Project# (CIP Only): 24129 Packery Channel Capital Repairs Account: 550970 Incidental Expenses Amount: $83,333.00 RECOMMENDATION: Staff recommends submission of the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation O�,PUS Cy'Pi � S� CITY OF CORPUS CHRISTI ° PARKS & ? _ - m RECREATION -, �-, • 0-1 1852 11 , e T Y-c -�- Texas Parks & Wildlife Grant .- - Application for Packer Channel pp Y `' _ Boat Ramp Renovations SUMMARY: • The Parks & Recreation Department (PARD), in coordination with Texas Parks & Wildlife Department (TPWD), propose to submit a grant application to the Boating Access Grant Program for Packery Channel boat ramp renovations. • The Boating Access Grant Program consists of two phases: Phase 1- Planning & Design grant and subsequently Phase 2 - Construction grant. • This grant application submittal seeks funding for Phase 1-Planning & Design grant. 141 • Applying for Phase 1 is necessary for the future pursuit of the TPWD qa Boating Access Grant for Phase 2. "'"°"°°°°_`"°'_" PARKS & RECREATION -- CITY OF CORPUS jazzm .. : : CH RISTI PACKERY CHANNEL: • The overall project involves the renovation of two boat access ,. ramps, as well as supporting infrastructure & includes a new restroom facility. _ No major improvements have been �` � �,;,�J made since construction of the - Channel was completed in 2006. • No permanent structures for restroom facilities & portable toilets are being used to satisfy this need. • These renovations will facilitate smoother water entry and ensure the facility remains a safe and modernized hub for the Texas coastal community. GRANT APPLICATION : • Reimbursement requests will be accepted once the Agreement is executed by TPWD/City. • The maximum grant amount that can be requested for Phase 1 is $250,000. • The City is responsible for a 25% local cash match, which would not exceed $83,333.00. CITY OF coRpus c-syl PARKS & RECREATION CITY OF - - ; CORPUS °° I CHRISTI CURRENT BOAT RAMP CONDITIONS: r2 r v� o.. I _ e CITY OF CORPUS „��,, CH RISTI PROPOSED RESTROOM LOCATION : ;� � le Proposed Restroom Location oat Ramps y,. CITV OF CORPUS CM RISTI T PARKS & RECREATION RECOMMENDATION : • Staff recommend approval of the Resolution to apply for grant funding from TPWD for the Packery Channel Boat Ramp Renovations 4 Err s zr, B A RKS & RECREATION CITY OF CORPUS A&U.%- Mw ........ .1 CHRISTI I .. Resolution authorizing the submission of a grant application to the Texas Parks & Wildlife Department under its Boating Access Grant Program in the amount of $250,000.00 with a required City match of 25% of total project costs, not to exceed $83,333.00, for Packery Channel Boat Ramp renovations and a new, permanent restroom facility. WHEREAS, the City of Corpus Christi ("City") is fully eligible to receive assistance under the Texas Parks and Wildlife Department's Boating Access Grant Program; WHEREAS, this grant opportunity is a reimbursement grant program with a 25% local match requirement of total project costs; WHEREAS, the Packery Channel Boat Ramps and restroom facility will be operated and maintained at the expense of the City and will be open and operated for the benefit of the public; WHEREAS, the Packery Channel Boat Ramps and restroom facility will be open to the general public; and WHEREAS, the City certifies it has sufficient funds to meet its share of the costs of the project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Resolution authorizing the submission of a grant application to the Texas Parks & Wildlife Department under its Boating Access Grant Program in the amount up to $250,000.00 with a required City match of 25% of total project costs, not to exceed $83,333.00, for Packery Channel Boat Ramp renovations and a new, permanent restroom facility. SECTION 2. If awarded, there is a cash match in the amount of up to 25% of the total project costs, not to exceed $83,333.00, with such funds to be provided from the Tax Increment Reinvestment Zone #2, Packery Channel TIF 2 Fund. SECTION 3. City Council designates the Director of Parks and Recreation ("Director") as the City's authorized official. The Director is empowered to apply for, accept, reject, alter, or terminate the grant, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 4. In the event of the loss or misuse of the Recreation Trails Grant Program funds, the City assures that the grant funds will be returned to the Texas Parks & Wildlife Department in full. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CITY OF '. ' CORPUS CH RISTI AGENDA MEMORANDUM Motion for the City Council Meeting of January 27, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Interim Assistant City Manager danielmc@corpuschristitx.gov (361) 826-7011 Motion Awarding State Homeless Housing and Services Programs Funds to The Salvation Army; Dismas Charities, Inc Recovery Resource Center; Mother Teresa Shelter; Mission 911; Council on Alcohol and Drug Abuse - Coastal Bend; and Coastal Bend Center for Independent Living CAPTION: Motion authorizing subrecipient grant awards for $52,308 each to The Salvation Army; Dismas Charities, Inc Recovery Resource Center; Mother Teresa Shelter; and 911 Park Place dba Mission 911 from the City of Corpus Christi's State funded Homeless Housing and Services Program (HHSP) general set-aside allocation to provide services to individuals who are homeless, or at risk of being homeless for Fiscal Year 2025-2026 and authorizing subrecipient grants for $18,457 each to 911 Park Place dba Mission 911; Council on Alcohol and Drug Abuse - Coastal Bend; and Coastal Bend Center for Independent Living from the City of Corpus Christi's State funded HHSP youth set-aside allocation to provide services to youth who are homeless for Fiscal Year 2025-2026. SUMMARY: The City has received $209,232 from the State of Texas HHSP general set-aside and $55,371 from the youth set-aside. After a competitive application process, grants awards are recommended for The Salvation Army, Dismas Charities, Mother Teresa Shelter, Mission 911, Council on Alcohol and Drug Abuse - Coastal Bend, and Coastal Bend Center for Independent Living. Each general set-aside grant award is for $52,308 and each youth set-aside grant award is for $18,457. BACKGROUND AND FINDINGS: HHSP was established during the 81st Texas Legislature (2011) through an appropriations rider and codified during the 82nd Texas Legislature (2012). HHSP provides funding to the nine largest cities in Texas in support of services to homeless individuals and families. For FY2026, the City of Corpus Christi has been allocated $209,232 for HHSP general set-aside funds and $55,371 for the HHSP youth set-aside funds for 2026 for a total of $264,603. The City accepted and appropriated the funds on November 18, 2025, Ordinance 033795. The City released a competitive Notice of Funding Availability and received 12 applications for the general set-aside and five applications for the youth set-aside. The timeline was as follows: Activity Timeframe NOFA Release November 3 2025 First Reading City Council for Funds Acceptance November 11 2025 Second Reading City Council for Funds Acceptance November 18 2025 NOFA Due December 5 2025 City Council for Subrecipient Awards Approval January 27, 2026 The application scores for the general set-aside is as follows: FY 2026 General Set-Aside Scoring Matrix Agency 1 2 3 4 Total Rank Recommendation The Salvation Army 82 98 80 73 333 1 $52,308.00 Dismas Charities 90 92 90 32 304 2 $52,308.00 Mother Teresa Shelter 85 80 80 58 303 3 $52,308.00 Mission 911 65 75 89 73 302 4 $52,308.00 Cenikor 79 1 81 73 45 278 5 $- CBCIL 68 53 74 50 245 6 $- The Purple Door 60 59 78 45 242 7 $- Timons Ministries 67 58 68 45 238 8 $- COADA 69 52 73 40 234 9 $- HIALCO-OIC 33 43 68 45 189 10 $- Voluntexas 16 0 11 28 55 11 $- Tacos not Bombs 15 4 11 19 49 12 $- Total $209,232.00 The application scores for the youth set-aside is as follows: FY 2026 Youth Set-Aside Scoring Matrix Agency 1 2 3 4 Total Rank Recommendation Mission 911 31 57 91 73 252 1 $18,457.00 COADA 82 50 78 40 250 2 $18,457.00 CBCIL 47 72 74 50 243 3 $18,457.00 HIALCO-OIC 33 5 72 45 155 4 $- Z. Butterfliye 0 1 0 0 0 0 0 $- Total $55,371.00 In previous years, the City approved subawards to Mother Teresa Shelter, The Salvation Army, Mission 911, Corpus Christi Independent School District, and the Nueces Center for Mental Health and Intellectual Disabilities. ALTERNATIVES: City Council can choose not to accept the funding, award funds to other agencies, amend award amounts, or choose to administer funds directly. FISCAL IMPACT: The City will pass through $209,232 from the State HHSP general set-aside program to four nonprofit organizations and will pass through $55,371 from the State HHSP youth set-aside program to three nonprofit organizations. Funding Detail: Fund: 1071 Community Enrichment Grant Fund Organization/Activity: 89 Grants & CIP/806117S - FY26 HHSP General Set-Aside Department: 24 Project # (CIP Only): N/A Account: 530000 Amount: $209,232 Fund: 1071 Community Enrichment Grant Fund Organization/Activity: 89 Grants & CIP/806116S - FY26 HHSP Youth Set-Aside Department: 24 Project # (CIP Only): N/A Account: 530000 Amount: $55,371 RECOMMENDATION: Staff recommends authorizing subrecipient grant awards for $52,308 each to The Salvation Army; Dismas Charities, Inc Recovery Resource Center; Mother Teresa Shelter; and 911 Park Place dba Mission 911 from the City of Corpus Christi's State funded Homeless Housing and Services Program (HHSP) general set-aside allocation to provide services to individuals who are homeless, or at risk of being homeless for Fiscal Year 2025-2026 and authorizing subrecipient grants for $18,457 each to 911 Park Place dba Mission 911; Council on Alcohol and Drug Abuse - Coastal Bend; and Coastal Bend Center for Independent Living from the City of Corpus Christi's State funded HHSP youth set-aside allocation to provide services to youth who are homeless for Fiscal Year 2025-2026. LIST OF SUPPORTING DOCUMENTS: Presentation Pus�cyq,� CITY OF CORPUS CHRISTI ONOMIC AI PLANNING & EC a r ,�.. DEVELOPMENT ��- FY 2026 Homeless Housing and s ' --- Services Program Subgrantee Awards FY 2026 HHSP Subgrantee Awards Homeless Housing and Services Program • Texas Department of Housing and Community Affairs (TDHCA) has granted Homeless Housing and Services Program (HHSP) funds to the City for 2026. The City acts as a pass-through. • Total funding available is $264,603 for FY 2026 • $209,232 for general population • $53,371 for youth set-aside • City is awarding funds based on a competitive grant application process. PLAN EVELOPME TOMIC FY 2026 HHSP Subgrantee Awards General Set-Aside Scoring FY 2026 General Set-Aside Scoring Matrix Agency 1 2 3 4 Total Rank Recommendation The Salvation Army 82 98 80 73 333 1 $ 52,308.00 Dismas Charities 90 92 90 32 304 2 $ 52,308.00 Mother Teresa Shelter 85 80 80 58 303 3 $ 52,308.00 Mission 911 65 75 89 73 302 4 $ 52,308.00 Cenikor 79 81 73 45 278 5 $ - CBCIL 68 53 74 50 245 6 $ The Purple Door 60 59 78 45 242 7 $ Timons Ministries 67 58 68 45 238 8 $ COADA 69 52 73 40 234 9 $ HIALCO-OIC 33 43 68 45 189 10 $ Voluntexas 16 0 11 28 55 11 $ Tacos not Bombs 15 4 11 19 49 12 $ - ' \' Total $ 209,232.00 � j CITY OF CORPUS CHRISTI 3 City of Corpus Christi PLANNING & ECONOMIC DEVELOPMENT FY 2026 HHSP Subgrantee Awards Youth Set-Aside Scoring FY 2026 Youth Set-Aside Scoring Matrix Agency 1 2 3 4 Total Rank Recommendation Mission 911 31 57 91 73 252 1 $ 18,457.00 COADA 82 50 78 40 250 2 $ 18,457.00 CBCIL 47 72 74 50 243 3 $ 18,457.00 HIALCO-OIC 33 5 72 45 155 4 $ - Z.Butterfliye (ineligible) 0 1 0 1 0 1 0 1 0 0 $ Total $ 55,371.00 CITY OF CORPUS CHRISIT 4 City of Corpus Christi PLANNING & ECONOMIC DEVELOPMENT `opus cN�s i a 04, �.. m r - �J l CITY OF CORPUS CHRISTI PLANNING & ECONOMIC DEVELOPMENT Thank you ! CITY OF CORPUS CHRISTI - AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 Second Reading February 10, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Nicholas J. Winkelmann P.E. Interim Chief Operating Officer NickW(ucorpuschristitx.gov 361-826-1796 Provision and Sale of Recycled Water Agreement between Flint Hills Resources Corpus Christi, LLC and the City of Corpus Christi, Texas from Allison Wastewater Treatment Plant CAPTION: Ordinance authorizing the City Manager, or designee, to execute a 5-year Reclaimed Water Supply Agreement and associated License for Use of Premises with Flint Hills Resources Corpus Christi, LLC, for the sale and delivery of up to 2 million gallons per day of reclaimed water from the Allison Wastewater Treatment Plant, and providing for related fees, responsibilities, and terms, with option to renew for additional 5-year term. SUMMARY: This item seeks approval of a Reclaimed Water Supply Agreement between the City of Corpus Christi and Flint Hills Resources Corpus Christi, LLC. The agreement authorizes the City to provide reclaimed wastewater effluent from the Allison Wastewater Treatment Plant for further processing by the Company for industrial use at its West Refinery. The agreement establishes a multi-phase operational structure, firm volume commitments, associated fees, and a premises license allowing the Company to install processing equipment at the WWTP. The arrangement supports beneficial reuse of treated wastewater, generates new revenue for the City, and promotes industrial investment in the region. BACKGROUND AND FINDINGS: The City of Corpus Christi operates the Allison Wastewater Treatment Plant, which produces treated effluent in accordance with Texas Commission on Environmental Quality (TCEQ) permit requirements. Flint Hills Resources Corpus Christi, LLC has developed technology capable of further processing this effluent into Recovered Water suitable for industrial use at its West Refinery located at Suntide Road and Up River Road. To support this process, the Company intends to install trailer-mounted processing equipment within a designated area at the WWTP. The initial installation will support processing of up to 1.0 million gallons per day during Phase 1, with the potential to expand to 2.0 million gallons per day during Phase 2 upon City approval. The agreement establishes a Reservation Phase, a Pilot Phase, Phase 1, and Phase 2, each with corresponding operational and financial commitments. The Company will pay monthly volume commitment fees based on the Reclaimed Water Rate adopted by City ordinance, and the first year of the Reservation Phase Fee is waived. An annual true-up process ensures that the City is compensated for any reclaimed water delivered above the committed volume, while also providing credits to the Company if the City is unable to make the committed volume available. The Company is responsible for all infrastructure, permitting, and operational costs associated with receiving and processing the reclaimed water, including the installation of a City-approved meter that the City will own and maintain. Staff's review finds that the agreement provides significant benefits to the City. It advances the City's long-term strategy to expand beneficial reuse of treated wastewater, thereby reducing reliance on potable water supplies and supporting sustainable water management practices. The agreement generates a stable and predictable revenue stream through firm volume commitments and associated fees, while placing the financial burden of infrastructure and operational costs on the Company rather than the City. The reclaimed water provided under this agreement is not subject to drought allocation under Texas Water Code 11.039, which enhances supply reliability for industrial reuse. The agreement also includes strong indemnification and regulatory compliance provisions that protect the City's interests and ensure adherence to TCEQ requirements. Based on these findings, staff conclude that the agreement supports responsible water resource management, promotes industrial investment, and provides financial and operational benefits to the City. ALTERNATIVES: If the agreement is not approved, the City will forfeit a critical opportunity to expand reclaimed water reuse at the Allison Wastewater Treatment Plant. This loss would prevent the City from conserving the potable water currently used to meet industrial demand—water that could otherwise be redirected to residential and commercial customers to help reduce the ongoing supply shortfall caused by the drought. FISCAL IMPACT: There is no fiscal impact to Corpus Christi Water in FY 2026. Under the terms of the agreement, reclaimed water deliveries to Flint Hills Resources are expected to begin within 12 months from the signing of the agreement. The projected initial transition from 1 mgd of treated water sales to recycled water sales, based on the current rate structure, would result in an estimated revenue loss of approximately $1,584,100. If this transition were to occur today, the corresponding effect on customer bills would be an estimated monthly increase of $0.10 for an average Inside City Limit Residential customer using 6,000 gallons a month, $0.04 for an Inside City Limit Commercial customer using a 2" meter and 20,000 gallons a month, and $15,900 for an Outside City Limit Large Volume customer using a 10" meter and 90,000,000 gallons a month. The phase II transition of up to 3 mgd of treated water sales to recycled water sales, based on current rate structure would result in an estimated revenue loss of approximately $4,752,300. If this transition were to occur today, the corresponding effect on customer bills would be an estimated monthly increase of $0.30 for an average Inside City Limit Residential customer using 6,000 gallons a month, $0.12 for an Inside City Limit Commercial customer using a 2" meter and 20,000 gallons a month, and $47,700 for an Outside City Limit Large Volume customer using a 10" meter and 90,000,000 gallons a month. All infrastructure and operational costs associated with the Company's processing equipment are the responsibility of the Company. Any additional treatment costs incurred by the City due to the Company's operations are reimbursable. FUNDING DETAIL: Fund: 4010 Water Fund Organization: 30000 Water Administration Department: 45 Water Account: 324810 OCL- Large volume users RECOMMENDATION: Staff recommends approval of the Reclaimed Water Supply Agreement and the associated License for Use of Premises with Flint Hills Resources Corpus Christi, LLC. LIST OF SUPPORTING DOCUMENTS: Reclaimed Water Supply Agreement Exhibit A2 Plan View FHR Interconnections at Allison WWTP 4~ LEGEND P'LUMMER FLOW STREAM,LIQUIDS E ----- FLOW STREAM,SOLIDS 3 STEP SCREEN(2) LL AERATION FINAL INFLUENT GRIT k BASIN CLARIFIER Noa NOHSO, LIFT STATION CHAMBER EAST(6) wJFCTION INJFCTION RAS ' CLOTH CONTACT FI(2)R CHAMBER(2) GRIT TO LANDFILL*---- NAIL E WAS I [!IRATION FINAL ASIN CLARIFIER TO OUTFALLS EST(3) I I - I IRAS I F � WAS � I � I PRE- AEROBIC POST- THICKENER ------- DIGESTER ----- THICKENER ----- VOLUTE -----*TO LANDFILL (S) PRESS �V zo z E w E ATTACHMENT G - CITY OF CORPUS CHRISTI ALLISON WASTEWATER TREATMENT FACILITY To Flint rills resources w TPDES PERMIT RENEWAL APPLICATION west refinery via existing a v PROCESS FLOW DIAGRAM river water Pipeline Provision and Sale of Recycled Water Agreement Nicholas J. Winkelmann, P.E. Interim Chief Operating Officer - Corpus Christi Water January 27, 2026 CHRISTI 4wen A N" CITY OF CORPUS SCHRISTI WATER Overview Ordinance authorizing a Reclaimed Water Supply qx�� Agreement and associated License for Use of Premises with Flint Hills Resources (FHR) Corpus Christi, LLC for the sale and delivery of reclaimed water from the Allison Wastewater Treatment Plant (WWTP) • Phased implementation • Reservation Phase • FHR pays monthly volume commitment fees based on the Reclaimed Water Rate • First year of this fee is waived • Pilot Phase • Phase 1 .�. • FHR will install trailer-mounted processing equipment in a designated area at the WWTP to support processing of up to 1.0 million gallons per �IiI day (MGD) Phase 2 • Expand to additional 2.0 MGD per day 2 Project Benefits • Places the financial burden of infrastructure and operational costs on `. FHR rather than the City • FHR is responsible for all infrastructure, permitting, and operational costs associated with receiving and processing the reclaimed water, including theoil m'Igo — - installation of a City-approved meter that the City will own and maintain =I- • Additional treatment costs incurred b - the City due to the Company's + operations are reimbursable --� • Reduces reliance on potable water supplies and supports sustainable water management practices CITY (3F CIRPU CH R I STI F CORPUS CHRISTI s WATER CITY OF CORPUS CHRISTI CORPUS CHRISTI WATER Ordinance authorizing the City Manager, or designee, to execute a 5-year Reclaimed Water Supply Agreement and associated License for Use of Premises with Flint Hills Resources Corpus Christi, LLC, for the sale and delivery of up to 2 million gallons per day of reclaimed water from the Allison Wastewater Treatment Plant, and providing for related fees, responsibilities, and terms, with option to renew for additional 5-year term. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee Corpus Christi Water Chief Operating Officer is authorized to execute a 5-year Reclaimed Water Supply Agreement and associated License for use of premises with Flint Hills Resources Corpus Christi, LLC, for the sale and delivery of up to 2 million gallons per day of reclaimed water from the Allison Wastewater Treatment Plant and providing for related fees, responsibilities, and terms, with option to renew for additional 5-year term. A copy of the executed Agreement will be filed in the Office of the City Secretary. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CITY OF CORPUS CHRISTI - AGENDA MEMORANDUM First Reading for the City Council Meeting of January 27, 2026 Second Reading for the City Council Meeting of February 10, 2026 DATE: January 27, 2026 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer PeterCa-corpuschristitx.gov 361-826-3735 One-reading emergency ordinance to accept and appropriate three grants totaling $406,345.24 from the Office of the Governor, Homeland Security Division, under the State & Local Cybersecurity Grant Program, with a cost share of $81 ,269.05, to purchase training and equipment for the Information Technology Department. CAPTION: One-reading emergency ordinance authorizing acceptance of three grants from the Office of the Governor, Homeland Security Division, under the FY 2025 State and Local Cybersecurity Grant Program in the amount of $406,345.24 to purchase training and equipment for the Information Technology Department; and appropriating $406,345.24 in the IT Grants Fund with a cash match of$81,269.05 from FY26 Operating Budget. SUMMARY: The City of Corpus Christi applied for and was awarded grant funds through the State & Local Cybersecurity Grant Program (SLCGP) to strengthen the resilience, security, and capabilities of its technology infrastructure under three project applications. SLCGP Program Grant Award Cost Share Governance and Planning $202,452.64 $40,490.53 Mitigation $113,868.00 $22,773.60 Workforce Development $90,024.60 $18,004.92 Total $406,345.24 $81,269.05 Governance & Planning: This grant will fund the additional development and implementation of an IT Business Continuity Plan that ensures rapid and efficient restoration of normal network operations following any event. Mitigation: This grant will fund the purchase of cybersecurity software designed to support the City's ability to detect, investigate, and respond to cyber threats and prevent unauthorized access, attacks, and other malicious activities. Workforce Development: This grant will fund the purchase of specialized training for the Information Technology department to ensure staff is equipped with the latest knowledge needed to protect and maintain critical systems. BACKGROUND AND FINDINGS: The State and Local Cybersecurity Grant Program (SLCGP) is funded through the U.S. Department of Homeland Security, Federal Emergency Management Agency. This grant opportunity provides funding to eligible state, local, and territorial (SLT) governments to manage and reduce systemic cyber risk, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their communities. On September 16, 2022, the Department of Homeland Security (DHS) announced a first-of-its- kind cybersecurity grant program specifically for state, local, and territorial (SLT) governments across the country. Through the Infrastructure Investment and Jobs Act of 2021, Congress established the State and Local Cybersecurity Grant Program and appropriated $1 billion for this program. On September 23, 2024, DHS issued the Notice of Funding Opportunity with funding requirements for States and Local governments to apply. Texas is a pass-through entity, so local governments are required to apply for the funding through the Office of the Governor as a sub- recipient. On December 16, 2024, the Office of the Governor issued a Funding Opportunity for the State and Local Cybersecurity Grant Program for local governments to apply. The Information Technology Services Department began working on three projects for submission to this grant opportunity in November 2024 and submitted the applications in February 2025. On December 12, 2025, the City was notified of the award for all three grant projects totaling $406,345.24 and the IT Department began the process for working on City Council Agenda documents for approval to accept the grants. On December 31, 2025, the Federal Emergency Management Agency sent out a notice that the new deadline to accept FY25 Non-Disaster Grant Awards is January 31, 2026. On January 61n 2026, the State & Local Cybersecurity Grant Program grant manager contacted the City to verify that the City would be moving with the proposed projects and accepting the grants. These new circumstances required the Department to request a one-reading emergency ordinance so that the grant funding from the Office of the Governor can be accepted promptly. Once grants have been approved and accepted, the IT Department will work with the Finance & Procurement Department to purchase the software, equipment, and training to complete the approved grant projects. The grant period for all of the awarded grants is January 1, 2026 - December 31, 2026. ALTERNATIVES: The alternative is not to accept the grant funding and pay for the workforce development, cybersecurity infrastructure out of the general fund in future appropriations. FISCAL IMPACT: There is a 20% cost share for each grant, totaling $81,269.05 which will be funding through FY26 Operating Budget. Funding Detail: Fund: 1085 IT Grant Fund Organization/Activity: 89 Grants & CIP/ SLCP Governance Department: 23 IT Department Project # (CIP Only): N/A Account: various Total: $202,452.64 Fund: 1085 IT Grant Fund Organization/Activity: 89 Grants & CIP/ SLCP Mitigation Department: 23 IT Department Project # (CIP Only): N/A Account: various Total: $113,868.00 Fund: 1085 IT Grant Fund Organization/Activity: 89 Grants & CIP/ SLCP Workforce Department: 23 IT Department Project # (CIP Only): N/A Account: various Total: $90,024.60 Fund: 5210 IT Fund Organization/Activity: 40420 IT Infrastructure and Network Service Department: 23 IT Department Project # (CIP Only): N/A Account: 520105 Computer Software Total: $40,490.53 Fund: 5210 IT Fund Organization/Activity: 40390 IT Security & Compliance Department: 23 IT Department Project # (CIP Only): N/A Account: 520105 Computer Software Total: $40,778.52 RECOMMENDATION: Staff recommends acceptance and appropriation of this grant. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation One-Reading ordinance authorizing acceptance of three grants from the Office of the Governor, Homeland Security Division, under the FY 2025 State and Local Cybersecurity Grant Program, in the amount of $406,345.24 to purchase training and equipment for the Information Technology Department; and appropriating $406,345.24 in the IT Grants Fund with a cash match of$81,269.05 from FY 26 Operating Budget BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Chief Information Officer also known as the Director of Information Technology is designated as the Authorized Official to execute all documents necessary to accept three grants and funding in the amount of$406,345.24 from the Office of the Governor, Homeland Security Division, under the FY 2025 State and Local Cybersecurity Grant Program, to purchase training and equipment for the Information Technology Department. SECTION 2. That $406,345.24 from the Office of the Governor, Homeland Security Division grants is appropriated in the IT Grants Fund, with a cash match of $81,269.05 from FY 26 Operating Budget. SECTION 3. The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry-over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no-cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 4. The City of Corpus Christi designates the Chief Information Officer also known as the Director of Information Technology as the City's authorized official. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 5. This section constitutes a written request by the Mayor or majority of the City Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure. PASSED AND APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Gp�Qus Cy, s p _ -a FY25 State & Local Cybersecu rity Grant h K ? - Program Awards Peter Collins Chi- Officer FY25 State & Local Cybersecurity Grant Program Awards Background Information The State and Local Cybersecurity Grant Program is funded through the U.S. Department of Homeland Security, Federal Emergency Management Agency. This grant opportunity provides funding to eligible state, local, and territorial (SLT) governments to manage and reduce systemic cyber risk, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their communities. The City of Corpus Christi has received three grant awards totaling $406,345.24, with a required cash match of $81,269.05. 2 City of Corpus Christi G, FY25 State & Local Cybersecurity Grant Program Awards Grant Award Breakdown Grant Program it Governance $202,452.64 $40,490.53 Mitigation $113,868.00 $22,773.60 Workforce Development $90,024.60 $18,004.92 . $406,345.24 m 3 City of Corpus Christi FY25 State & Local Cybersecurity Grant Program Awards Background Information ^arni-nar re & Planning Grant This grant will fund the additional development and implementation of an IT Business Continuity Plan that ensures rapid and efficient restoration of normal network operations following any event. 4 City of Corpus Christi FY25 State & Local Cybersecurity Grant Program Awards Background Information mitigation Gra, This grant will fund the purchase of cybersecurity software designed to support the City's ability to detect, investigate, and respond to cyber threats and prevent unauthorized access, attacks, and other malicious activities. 5 City of Corpus Christi FY25 State & Local Cybersecurity Grant Program Awards Background Information AA.forkfnrce Development Grant, This grant will fund the purchase of specialized training for the Information Technology department to ensure staff is equipped with the latest knowledge needed to protect and maintain critical systems. 6 City of Corpus Christi FY25 State & Local Cybersecurity Grant Program Awards Grant Implementation Once grants have been approved and accepted, the IT Department will work with the Finance & Procurement Department to purchase the software, equipment, and training to complete the approved grant projects. The grant period for all of the awarded grants is January 1, 2026 - December 31, 2026. 7 City of Corpus Christi GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Questions? CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 DATE: January 16, 2026 TO: Peter Zanoni, City Manager FROM: Dan McGinn, Interim Assistant City Manager danielmc a corpuschristitx.gov 361-826-7011 Funding Strategy and Budget Reallocation for the North Padre Island Seawall Capital Improvement Project CAPTION: One Reading Ordinance amending a portion of TIRZ #2 Capital Improvement Projects (CIP) to fully fund the North Padre Island Seawall CIP Project, including the transfer of$2,100,000.00 from the Sand Dollar CIP Project, $300,000.00 from the Crowsnest CIP Project, $2,700,000.00 from the Packery Channel Capital Repairs CIP Project, $300,000.00 from the Packery Channel TDEM CIP Project, $900,000.00 from the Whitecap Effluent Waterline CIP Project, and $4,800,000.00 from the CIP reserves for a total amount of$11,100,000.00 reallocated to the North Padre Island Seawall CIP Project; and amending the FY 2026 Capital Budget. SUMMARY: The purpose of this agenda item is to brief the City Council on the proposed funding strategy for the North Padre Island Seawall CIP Project and to approve the budget reallocations and use of available project savings and contingency reserves to fully fund the project. BACKGROUND AND FINDINGS: The North Padre Island Seawall Capital Improvement Project (CIP) is located along the Gulf beach and is heavily utilized by both residents and visitors on a daily basis. In addition to serving as a protective barrier between beachfront development and the shoreline, the seawall also functions as a pedestrian walkway along the beachfront corridor. Portions of the seawall are in need of repair, and the surrounding area currently lacks key public amenities such as benches, lighting, and shared public-use structures. The North Padre Island Seawall CIP Project will assess the needs of the area and provide funding for necessary repairs and improvements, while enhancing the overall safety, functionality, and user experience of the beachfront. TIRZ #2 has funded multiple capital improvement projects on North Padre Island that support infrastructure, mobility, and quality-of-life improvements. As project needs and priorities have evolved, funding adjustments are proposed to ensure critical infrastructure projects, including the North Padre Island Seawall, can advance to construction. Potential funding sources for the North Padre Island Seawall CIP Project have been identified through a combination of deferred allocations from select CIP projects, utilization of project savings, and use of capital fund reserves from recently completed CIP projects. To fully fund the North Padre Island Seawall CIP Project, the following funding adjustments are proposed: • Reallocation of CIP funds designated for the construction of paper streets, while maintaining funding for paper street design • Reallocation of CIP funds from the Packery Channel CIP Project • Utilization of savings from the Whitecap Effluent Waterline CIP Project • Use of contingency and reserve funds designated for unplanned CIP projects North Padre Island Seawall • The North Padre Island Seawall is located along the Gulf beach and is heavily utilized by both residents and visitors on a daily basis. The seawall serves a dual purpose as a protective barrier between the beach and adjacent buildings and as a pedestrian walkway along the shoreline. • The seawall is in need of significant repairs, and the surrounding area currently lacks basic amenities such as benches, lighting, and shared public-use structures. This project will evaluate the needs of the area and provide funding to address identified deficiencies. • To date, $5,887,500 has been funded. The project is currently at 90% design, with an estimated total cost of $16,987,500 to complete the project. An unencumbered balance of $4,400,000 is available within the project; however, an additional $11,100,000 is required to advance the project into the construction phase. • The projects below have either been identified as having funding gaps that cannot be bridged currently or have cost savings that can be reallocated to the seawall project. Sand Dollar Street Construction • North Padre Island includes several planned or "paper" streets that have never been constructed. Development of these streets will enhance mobility, connectivity, and support future development. Sand Dollar Street is located between Verdemar Drive and Highway 361 and includes roadway construction and necessary utility infrastructure. • The project is currently pending 100% design submittal, with an estimated total cost of $6,680,568 for both design and construction. An unencumbered balance of$3,187,168.20 is available within the project. Reallocating approximately $2,100,000 from this project to the North Padre Island Seawall project would allow for the completion of the design but would delay construction, shifting the project to later fiscal years. • The Sand Dollar Street construction project was never fully funded and while design funding was identified in full, the construction costs were only partially funded. Based on this shortfall, and with no identified funding to bridge the gap in construction costs, the funding has been identified for the NPI Seawall. • Next Steps - Beginning in FY 2027, TIRZ #2 operating revenues are projected to begin replenishing the Sand Dollar Street CIP Project, with full replenishment anticipated by FY 2031. Crowsnest Design Cost Savings • Crowsnest is another paper street intended to improve transportation connectivity on North Padre Island. The project corridor extends from Beach Access 4 to Whitecap Boulevard and continues to Park Road 22. • The project is currently at 90% submittal and was limited to design work only. The original design budget was $1,052,176, with final design costs totaling $752,176. This resulted in $300,000 in project savings, which are proposed to be reallocated to the North Padre Island Seawall project. • Next Steps - Replenishment of the Crowsnest Project is projected to begin in FY 2029 and be fully restored by FY 2035. Packery Channel Capital Repairs • The ongoing capital repairs program has $3,254,756 in available funding, with proposed reallocation of$2,700,000 to the North Padre Island Seawall project. This account is treated as a set aside account and due to recently completed projects, this fund has some savings that can be allocated to the seawall. • Next Steps—Beginning in FY 2027,TIRZ#2 operating revenues can be used to replenish the project for future capital repair activities. Packery Channel TDEM Restoration Cost Savings • Hurricane Harvey tidal influences caused significant damage to Packery Channel, including the undermining of structures along the channel. Preliminary investigations identified displaced armor stone blocks along the inner portions of the jetties, necessitating repairs or replacement of channel bank protection. Damaged walkways and storm drain outfalls were also repaired as part of the project. • This project was funded through TIRZ #2 and a Texas Division of Emergency Management (TDEM)grant. The project has been completed with approximately$0.3 million in cost savings from the original project cost of$11,587,293.34. These remaining savings are proposed to be reallocated to the North Padre Island Seawall project. Whitecap Effluent Waterline Project Savings • This project included the design and construction of an effluent waterline supplying the golf course on North Padre Island. Due to the Whitecap Development, the effluent line was reactivated and extended to supply water to ponds within the adjacent nature preserve area. • The City entered into a participation agreement with the developer, requiring the developer to construct improvements to the existing effluent waterline from the Whitecap Wastewater Treatment Plant. The project has been completed with approximately $0.9 million in cost savings from the original project cost of $1,566,500. These remaining savings are proposed to be reallocated to the North Padre Island Seawall project. The North Padre Island Seawall CIP Project currently has an unencumbered balance of $4,400,000. With the proposed reallocations totaling $11,100,000, the project's revised total budget will be $15,500,000, allowing the project to advance into the construction phase. Project/ Description Amount North Padre Island Seawall current allocation $ 4AM Sand Dollar construction funds $ 2.11M Crowsnest design cost savings $ 0.3M Packery Channel capital repairs $ 2.7M Packery Channel TDEM Restoration $0.3M Whitecap effluent waterline savings $ 0.9M Capital fund reserves from recently completed projects $ 4.8M Total $15.5M Revenue projections used for this funding strategy are conservative and do not account for potential increases in taxable value associated with the Whitecap and Lake Padre developments. On January 17, 2026, City and County officials met with community stakeholders at the Gulfstream Condominiums to provide project updates. The Island Strategic Action Committee (ISAC) will also be briefed on this item at its regularly scheduled meeting on February 3, 2026. ALTERNATIVES: The City Council could choose not to approve the proposed funding strategy and budget reallocations to fully fund the North Padre Island Seawall Project or revise the funding strategy. FISCAL IMPACT: The fiscal impact consists of transferring $2.1 million from the Sand Dollar CIP Project, $0.3 million from the Crowsnest CIP Project, $2.7 million from the Packery Channel CIP Project, $0.3 million from Packery Channel TDEM Restoration CIP Project, $0.9 million from the Whitecap Effluent Waterline CIP Project, and $4.8 million from the contingency reserve for unplanned CIP Projects. These transfers, totaling $11.1 million, will be combined with the North Padre Island Seawall CIP Project's existing unencumbered balance of$4.4 million, resulting in a revised project budget of $15.5 million. Funding Detail: North Padre Island Seawall Fund: 3278PackChProjTIF#2 Organization/Activity: N/A Department: 57 Project # (CIP Only): 24133 North Padre Island Seawall Improvements Account: 550910 Amount: $11.1 M Crowsnest Fund: 3278 PackChProjTIF#2 Organization/Activity: N/A Department: 57 Project # (CIP Only): 24134 Crowsnest (Beach Access 4 to Whitecap) Account: 550950 Amount: $0.3M Packery Channel Capital Repairs Fund: 3278 Organization/Activity: N/A Department: 57 Project # (CIP Only): 24129 Packery Channel Capital Repairs Account: 550970 Amount $2.7M Packery Channel TDEM Restoration Fund: 3278 Organization/Activity: N/A Department: 57 Project # (CIP Only): 21200 Packery Channel TDEM Restoration Account: 55 Amount $0.3M Whitecap Effluent Line Fund: 3278 PackChProjTIF#2 Organization/Activity: N/A Department: 57 Project # (CIP Only): 24132 Whitecap Effluent Waterline Rehab & Extension Account: 550910 Amount $1.OM Sand Dollar Fund: 3278 PackChProjTIF#2 Organization/Activity: N/A Department: 57 Project # (CIP Only): 24130 Sand Dollar (Verdemar Dr and Highway 361) Account: 550910 Amount $2.OM CIP Reserves Fund: 3278 PackChProjTIF#2 Organization/Activity: N/A Department: 57 Project # (CIP Only): 5000303278 Reserve Approp Account: 550970 Amount $4.8M RECOMMENDATION: Staff recommends that City Council approves the Resolution amending a portion of TIRZ #2 Capital Improvement Projects (CIP) to fully fund the North Padre Island Seawall CIP Project, including the transfer of$2,100,000.00 from the Sand Dollar CIP Project, $300,000.00 from the Crowsnest CIP Project, $2,700,000.00 from the Packery Channel CIP Project, $300,000.00 from Packery Channel TDEM Restoration CIP Project, $900,000.00 from the Whitecap Effluent Waterline CIP Project, and $4,800,000.00 from the CIP reserves for a total amount of $11,100,000.00 reallocated to the North Padre Island Seawall CIP Project. LIST OF SUPPORTING DOCUMENTS: Ordinance CIP Page— NPI Seawall CIP Page — Crowsnest CIP Page —Sand Dollar Ave. CIP Page — Packery Channel Capital Repairs CIP Page —Whitecap Effluent Presentation One Reading Ordinance amending a portion of TIRZ #2 Capital Improvement Projects (CIP) to fully fund the North Padre Island Seawall CIP Project, including the transfer of $2,100,000.00 from the Sand Dollar CIP Project, $300,000.00 from the Crowsnest CIP Project, $2,700,000.00 from the Packery Channel Capital Repairs CIP Project, $300,000.00 from the Packery Channel TDEM CIP Project, $900,000.00 from the Whitecap Effluent Waterline CIP Project, and $4,800,000.00 from the CIP reserves for a total amount of$11,100,000.00 reallocated to the North Padre Island Seawall CIP Project; and amending the FY 2026 Capital Budget. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment reinvestment zone, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," (TIRZ #2) over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on September 5, 2023, by Ordinance 033160, which included Capital Improvement Projects; WHEREAS, the TIRZ#2 Board of Directors approved a reallocation of a portion of CIP Project Funds to the North Padre Island Seawall CIP Project on January 27, 2026, for portions of the seawall that are in need of repair, and public amenities needed such as benches, lighting, and shared public-use structures; and WHEREAS, the City Council finds that the North Padre Island Seawall CIP Project will improve the needs of the area, provide a safer seawall, and provide funding to address necessary repairs and improvements, as well as enhance public use and functionality of the beachfront corridor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the transfer of $2,100,000.00 from the Sand Dollar CIP Project, $300,000.00 from the Crowsnest CIP Project, $2,700,000.00 from the Packery Channel Capital Repairs CIP Project, $300,000.00 from the Packery Channel TDEM CIP Project, $900,000.00 from the Whitecap Effluent Waterline CIP Project, and $4,800,000.00 from the CIP reserves for a total amount of $11,100,000.00 reallocated to the North Padre Island Seawall CIP Project. SECTION 2. That $11,100,000.00, is reallocated from the CIP reserves of the Reinvestment Zone No. 2 Fund for use on the improvements and renovation necessary for the North Padre Island Seawall CIP. Page 1 of 2 SECTION 3. The FY 2025-2026 Capital Budget is amended by increasing expenditures by $11,100,000.00, for the North Padre Island Seawall CIP Project. SECTION 4. One Reading Ordinance. This section constitutes a written request by the mayor or majority of the members of the City Council for this Ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this Ordinance is passed and takes effect upon first reading as an emergency measure. PASSED AND APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 FY 26 th ru FY 28 Capital Improvement Plan Corpus Christi, Texas Project# 24133 Project Name North Padre Island Seawall Improvements Contact Dir of Planning&Economic Development Department Economic Development Type Improvement/Additions Category Reinvestment Zone 2 Priority Priority Level 1 Status Active Useful Life 25 years Council District 4 Description The North Padre Island Seawall is located on the gulf beach which is frequented by tourists and citizens daily.The structure serves as a barrier between the beach and the buildings but is also a walkway along the beach area.It is in need of repairs and the area currently lacks amenities such as benches,lighting,and shared structures.This project will assess the needs of the area and then provide funding to fulfill the identified needs. justification This project was deemed a priority of TIRZ#2 Board and will provide needed amenities for visitors to North Padre Island. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 2,022,500 12,880,000 0 0 14,902,500 Eng,Admin Reimbursements 365,000 220,000 0 0 585,000 Design 1,500,000 0 0 0 1,500,000 Total 3,887,500 13,100,000 0 0 16,987,500 Funding Sources Prior FY 26 FY 27 FY 28 Total Reinvestment Zone No.2-1111 317,044 11,100,000 0 0 11,417,044 (2022)PRIOR Reinvestment Zone No.2-1111 3,570,456 2,000,000 0 0 5,570,456 (2022)NEW Total 3,887,500 13,100,000 0 0 16,987,500 Budget Impact An assessment will be done upon completion of project to determine maintenance costs.Increased annual maintenance cost to be budgeted in the TIRZ#2 operating budget to maintain improvements and amenities. FY 26 th ru FY 28 _X I Capital Improvement Planet Corpus Christi, Texas r Project# 24134 Project Name Crowsnest(Beach Access 4 to Whitecap&PR 22) Contact Dir of Planning&Economic Development Department Economic Development Type Improvement/Additions Category Reinvestment Zone 2 Priority Priority Level 2 Status Active Useful Life 25 years Council District 4 Description North Padre Island has several planned streets,or paper streets,which have never been constructed.The construction of these streets will enhance mobility,connectivity,and further development in the area.Crowsnest is between Beach Access 4 to Whitecap and continuing to Park Road 22.This project includes construction of the street along with any needed utilities justification This project was deemed the top priority of ISAC and is needed to encourage continued growth on North Padre Island. Expenditures Prior FY 26 FY 27 FY 28 Total Design 647,906 0 0 0 647,906 Eng,Admin Reimbursements 104,270 0 0 0 104,270 Total 752,176 0 0 0 752,176 Funding Sources Prior FY 26 FY 27 FY 28 Total Reinvestment Zone No.2-1111 752,176 0 0 0 752,176 (2022)PRIOR Total 752,176 0 0 0 752,176 Budget Impact There is no projected operational impact with this project at this time.A reassessment will be done upon completion of project to determine on-going or maintenance costs. FY 26 thru FY 28 _. Capital Improvement Plan Corpus Christi, Texas - - Project# 24129 Project Name Packery Channel Capital Repairs Contact Dir of Planning&Economic Development Department Economic Development Type Reconditioning-Asset Category Reinvestment Zone 2 Priority Priority Level 3 Status Active Useful Life 25 years Council District 4 Description The Packery Channel requires ongoing capital repairs including repairs to the jetties and revetments,dredging,and beach nourishment.This project will allocate funding annually in preparation for when these large projects are required to be completed. justification Routine capital repairs are very important to keep the Packery Channel in good condition for tourists and citizens that visit. Expenditures Prior FY 26 FY 27 FY 28 Total Future Projects-Reserve 254,756 0 401,380 500,000 1,156,136 Total 254,756 0 401,380 500,000 1,156,136 Funding Sources Prior FY 26 FY 27 FY 28 Total Reinvestment Zone No.2-1111 0 0 401,380 500,000 901,380 (2022)NEW Reinvestment Zone No.2-1111 254,756 0 0 0 254,756 (2022)PRIOR Total 254,756 0 401,380 500,000 1,156,136 Budget Impact There is no projected operational impact with this project at this time. FY 26 th ru FY 28 ., '� '��' . � 71 Capital Improvement Plan Corpus Christi, Texas Project# 24130 Project Name Sand Dollar Ave(Verdemar Dr.and Highway 361) Contact Dir of Planning&Economic Development Department Economic Development Type Improvement/Additions Category Reinvestment Zone 2 Priority Priority Level 2 Status Active Useful Life 25 years Council District 4 Description North Padre Island has several planned streets,or paper streets,which have never been constructed.The construction of these streets will enhance mobility,connectivity,and further development in the area.Sand Dollar Street is between Verdemar Dr.and Highway 361.This project includes construction of the street along with any needed utilities. justification This project was deemed the top priority of ISAC and is needed to encourage continued growth on North Padre Island. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 125,571 0 2,360,112 240,783 2,726,466 Contingency 558,369 0 0 0 558,369 Design 561,666 0 0 0 561,666 Eng,Admin Reimbursements 300,000 0 0 0 300,000 Total 1,545,606 0 2,360,112 240,783 4,146,501 Funding Sources Prior FY 26 FY 27 FY 28 Total Reinvestment Zone No.2-1111 0 0 2,360,112 240,783 2,600,895 (2022)NEW Reinvestment Zone No.2-1111 1,545,606 0 0 0 1,545,606 (2022)PRIOR Total 1,545,606 0 2,360,112 240,783 4,146,501 Budget Impact There is no projected operational impact with this project at this time.A reassessment will be done upon completion of project to determine on-going or maintenance costs. yqJ?,:fie FY 26 th ru FY 28 ; Capital Improvement Plan '; Corpus Christi, Texas �' �� a ►�` MIMIr'.TN Project# 24132 Project Name Whitecap Effluent Waterline Rehabilitation and Extension Contact Dir of Planning&Economic Development Department Economic Development Type Improvement/Additions Category Reinvestment Zone 2 Priority Priority Level 1 Status Completed Useful Life 2S years Council District 4 Description This project will be the design and construction of the effluent waterline that supplied the golf course on North Padre Island.Due to the construction of the Whitecap Development there is a need to reactivate this line and extend it to provide water to the ponds in the nature preserve area.The City has requested that the Developer construct improvements to the existing Effluent Waterline from the Whitecap Wastewater Treatment Plant and entered into a participation agreement for the requested public improvements with the Developer. justification The previous aged and retired waterline must be rehabilitated and extended to feed water to the ponds at the nature preserve area.This project is deemed a priority by ISAC and the use of this water at the nature preserves ponds is environmentally positive. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 600,000 0 0 0 600,000 Total 600,000 0 0 0 600,000 Funding Sources Prior FY 26 FY 27 FY 28 Total Tax Increment Finance District 2 600,000 0 0 0 600,000 (Prior) Total 600,000 0 0 0 600,000 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. GO�pus Ch,Rs North Padre Island Seawall Restoration Project r a North Padre Island Seawall CIP Project Located along the Gulf beachfront and heavily used by residents and visitors Serves as: • A protective barrier for beachfront development • A pedestrian walkway along the shoreline • Portions of the seawall are in disrepair, including exposed rebar and structural deterioration • The surrounding area lacks key amenities such as: • Benches • Lighting • Shared public-use features Project Goal: Restore and enhance the seawall while improving safety, functionality, and the overall beachfront experience. CITY OF CHRISTI Project Status: ➢ Hanson is the design engineer. t The project design is 90% 7 a T� complete. soft, ➢ Project will be advertised for k rt bids by Summer 2026. CITY OF ' , CORPUS °!=9!sli men ea smmss CHRISTI Funding Strategy & Additional Reallocation Total Project Cost: $15.5 Million. Current funding available $4.4million Additional funding identified: $11.1 million Funding made possible through: • Reallocation of completed or deferred CIP projects • Use of project savings from completed projects • Utilization of the contingency reserve in the TIRZ #2 Capital fund Funding Sources (in millions): Project/Description Amount North Padre Island Seawall current allocation $4.4M Sand DoLLar construction funds $2.1 M Crowsnest design cost savings $.3M Packery Channel capital repairs $2.7M Packery ChanneL TDEM Restoration $0.3M Whitecap effluent waterline savings $0.9M Capital Fund Reserves from recently completed projects $4.8M Grand Total $15.5M CITY OF CORPUS ��l19 I ili . :.wt °4 ...... GO�Qus Cy'Pi s� a O _ J �N�bNPORPh� 7852 Thank you ! CITY OF CORPUS CHRISTI AGENDA MEMORANDUM Action Item for the City Council Meeting January 27, 2026 DATE: December 19, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice Director of Development Services M ichaeld3(a)corpuschristitx.gov (361) 826-3596 Rezoning for a property at or near 1730-1738 Ramfield Road CAPTION: Zoning Case No. ZN8987, Clint and Catherine Tucker (District 4). Ordinance rezoning a property at or near 1730 and 1738 Ramfield Road from the "FR/APZ-1" Farm Rural District within the Accident Potential Zone-1 (APZ-1) to the "RS-1 5/APZ-1" Single- Family 15 District within the Accident Potential Zone-1 (APZ-1); providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to subdivide the land for low-density residential use and accommodate an additional single-family residential structure. BACKGROUND AND FINDINGS: The subject property is 9.9 acres in size, and out of the Layton Manor Subdivision in the Flour Bluff area with existing residential structures, west of the NOLF (Naval Outlying Landing Field) Waldron, along the north side of Ramfield Road, west of Waldron Road and Flour Bluff Drive. It is under the Military Compatibility Overlay District of the field, specifically under Accident Potential Zone 1 . Accident Potential Zone 1 (APZ-1): Accidental Potential Zone 1 is a zone within the Safety Subzone of the Military Compatibility Area Overlay District, consisting of areas beyond the clear zone that still possess a measurable potential for accidents relative to the clear zone. Residential. Accident Potential Zone I of the Military Compatibility Overlay District prohibits residential uses of any density; however, vacant platted lots which are zoned for residential uses; and unplatted properties zoned for residential may be platted and used for single residences, providing they conform to all other applicable requirements of the Military Compatibility Overlay District. In either scenario, such lots may not exceed the density of one single-family residence per acre To the north, properties are zoned "FR" Farm Rural District with current land uses of Low-Density Residential, public/semi use, and a vacant property. To the east and west, properties are also zoned "FR" Farm Rural District, with some parcels vacant, and another with public/semi public use. To the south, properties are zoned "RE" Residential Estate with Low-Density residential uses. The "RS-15" Single Family 15 Residential District permits single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. Uses permitted by the zoning district that would be applied by the proposed amendment. The proposed rezoning is consistent with the City of Corpus Christi Comprehensive Plan (Plan CC) and the future land use designation of low-density residential. During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved; through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1.a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.13). Public Input Process: Number of Notices Mailed:_12 notices were mailed within the 200-foot notification area, and 0 outside the notification area. As of December 23, 2025 In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: Fund: 4670 Development Services Organization/Activity: 11200 Land Development Department: 56 Project # (CIP Only): N/A Account:308300 Zoning Fees RECOMMENDATION (December,2025): Planning Commission and Staff recommend approval of the change of zoning from the "FR/APZ-1" Farm Rural District within the Accident Potential Zone-1 (APZ-1) to the "RS- 15/APZ-1" Single-Family 15 District within the Accident Potential Zone-1 (APZ-1). Vote Results For: 6 Against: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8987, Clint and Catherine Tucker (District 4). Ordinance rezoning property at or near 1730 & 1738 Ramfield Road from the "FR/APZ-1" Farm Rural District within the Accident Potential Zone-1 (APZ-1) to the "RS-15/APZ-1" Single-Family 15 District within the Accident Potential Zone-1 (APZ- 1); providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC")and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being Lots 3 and 4, Block 1, of the Layton Manor Subdivision as described and shown in Exhibit "A", from: the "FR/APZ-1" Farm Rural District within the Accident Potential Zone-1 (APZ-1) to the "RS-15/APZ-1" Single-Family 15 District within the Accident Potential Zone-1 (APZ-1). The subject property is located at or near 1730 and 1738 Ramfield Road. Exhibit A, a site map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect, including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A z iz SUBJECT r PROPER , r . 3 10 4 7 i RS-B R b 5 t R S- CASE. ZN8987 ` Fhrs MI Zoning and notice Area RM•1 MUIlil.rmH, IL FqN.InuussrW ' FM.2 Mukilamily2 IH H—v hdwrlal RM-} Mr.ri,all IN 7 PUEG Plann.d Lklil D.,6+ MV a, PmlRrr+.onal qM.a RS.,iI SaplaFamdly 19 WAT M.R11a,4y AT - S-S IN——`F R crop 4al.hda+—f:.mmerclal R541 S.9M F...ly♦. CNw2 RelghfMr dC—l.1 RS.TF Tvn-ra..iy CR-N Re.orf C.mrrwclal Rysl 9�rgleFarRly 16 CR-2 Reaori CamnmrtleY � RaridxKial E.F:kr GC.1 G.rllrel COmmetcl.l R&TM T W— CG-2 G-1 CWn L.l SP $Panel Peemff Cl rnMnFWs'tranvmrcWr RV ker_reatlorul kbhlclC Park CBG lloenaoun Comr�rcdal RMH Manufactured M.— CR-] R.—(Cwm .W PTi Farm Rural X R1a,.a1e[lee+lay .R.{'JECF 9P M.Nrwaa Party .� PRC7P€Rr1' I I/I I Prwe�tr 0 an:Ms 01%of i.�u khde /AnaPGWfiP^ ('tlLpu\ � Esr,.HERr.JLDCATIQN MAPa ('h11111 Page 3 of 3 ZONING REPORT Case ZN8987 APPLICANT & SUBJECT PROPERTY District: 4 Owner: Clint and Catherine Tucker Applicant: Clint and Catherine Tucker Address: 1730-8 Ramfield Road, located along the north side of Ramfield Road, south of Carribean Drive, north of Yorktown Boulevard, east of Roscher Road and the Oso Bay, and west of Flour Bluff Drive, and Waldron NOLF. Legal Description: Lots 3 and 4, Block 1 , Layton Manor Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 68, Page 616, and Volume 59, Page 120. Acreage of Subject Property: 9.9 Acres Pre-Submission Meeting: September 9, 2025 Code Violations: None. ZONING REQUEST From: "FR/APZ-1" Farm Rural District within the Accident Potential Zone-1 (APZ-1) To: "RS-1 5/APZ-1" Single-Family 15 District within the Accident Potential Zone-1 (APZ-1) Purpose of Request: To facilitate sale of a property. CORPUS CHRISTI COMPREHENSIVE PLAN Plan CC: Provides a vision, goals, and strategies to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ), which was adopted in 2016. LAND USE ADP (Area Development Plan): According to Plan CC, the subject property is located within the Flour Bluff Area Development Plan (Adopted on June 22, 2021). Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within a MCAOD District, particularly APZ-1 (Accident Potential Zone 1) of the Waldron Naval Outlying Landing Field (Waldron NOLF). NOLF Waldron has designated the Military Compatibility Area Overlay District to promote the public health, safety, peace, comfort, convenience, and general welfare of the inhabitants of properties surrounding areas of military operations and to prevent the impairment of airfields and the public investment therein. Accident Potential Zone 1 (APZ-1): Accidental Potential Zone 1 is a zone within the Safety Subzone of the Military Compatibility Area Overlay District consisting of areas beyond the clear zone which still possesses a measurable potential for accidents relative to the clear zone. Residential. Zoning District Existing Land Use Future Land Use Site Low-Density Residential Low-Density Residential "FR" Farm Rural District Low-Density Residential, Low-Density Residential, North Vacant, Transportation Public/Semi-Public (Waldron NOLF) Transportation Transportation South "RE" Residential Estate (Ramfield Road), (Ramfield Road), Low-Density Residential Low-Density Residential East "FR" Farm Rural District Vacant, Low-Density Residential West Low-Density Residential Roadway Master Plan (RMP) Existing Lanes Peak Roadway Service RMP Hour Plan Area Designation NB SB EB WB Volume Improvements (2021) Minor Ramfield No. 17 Residential _ _ 1 1 No Data None planned Road Collector (Proposed) Bicycle Mobility Plan The subject property is approximately half a mile west from the nearest proposed bicycle mobility network, a one-way cycle track, along both sides of Flour Bluff Drive. TRANSIT INTEGRATION The Corpus Christi RTA provides service to the subject property via Route (4) Flour Bluff near Waldron Road and Yorktown Boulevard, and Waldron Road and Caribbean Drive. PUBLIC HEARINGS & NOTIFICATIONS Planning Commission December 10, 2025 Tentative City Council 1st Reading January 27, 2026 Tentative City Council 2nd Reading February 10, 2026 12 Notices mailed to property owners within 200 feet of the subject property 0 In Opposition 0 In Favor 0 In Opposition 0 Individual Property Owners in Opposition Background: The subject property is 9.9 acres in size, and out of the Layton Manor Subdivision in the Flour Bluff area with existing residential structures, west of the NOLF (Naval Outlying Landing Field) Waldron, along the north side of Ramfield Road, west of Waldron Road and Flour Bluff Drive. It is under the Military Compatibility Overlay District of the field, specifically under Accident Potential Zone I. Accident Potential Zone 1 (APZ-1): Accidental Potential Zone 1 is a zone within the Safety Subzone of the Military Compatibility Area Overlay District consisting of areas beyond the clear zone which still possesses a measurable potential for accidents relative to the clear zone. Residential. Accident Potential Zone I of the Military Compatibility Overlay District prohibits residential uses of any density; however, vacant platted lots which are zoned for residential uses; and unplatted properties zoned for residential may be platted and used for single residences, providing they conform to all other applicable requirements of the Military Compatibility Overlay District. In either scenario, such lots may not exceed the density of one single-family residence per acre. To the north, properties are zoned "FR" Farm Rural District with current land uses of Low- Density Residential, public/semi use, and a vacant property. To the east and west, properties are also zoned "FR" Farm Rural District, with some parcels vacant, and another with public/semi public use. To the south, properties are zoned "RE" Residential Estate with Low- Density residential uses. The applicant is requesting a change in zoning from the "FR" Farm Rural District to "RS-15" Single-Family 15 District to allow subdivision of the land, which will in turn accommodate an additional single-family structure. The "RS-15" Single Family 15 Residential District permits single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design: ■ Regulations to protect military and civilian airfield and airport use are in place. ■ Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. ■ Avoid development that is incompatible with the operation of military airfields and the airport. Flour Bluff ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Flour Bluff ADP and FLUM designation of Low- Density Residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with the City of Corpus Christi Comprehensive plan and the future land use designation of low-density residential. • The amendment, if approved, will be compatible with the present zoning and conforming uses of nearby properties, and with the character of the surrounding area. • The property to be rezoned is suitable for use permitted by the zoning district that would be applied by the proposed amendment and will not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (December 10, 2025): After evaluation of case materials provided and subsequent staff analysis that included land development, surrounding uses and zoning, transportation and circulation, utilities, and consistency with the Comprehensive Plan, as well as considering public input, Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "RS-15" Single-Family 15 District. Attachment: (A) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit 2 12 11 SUsJEcr PROPERTY_ r , 4 3 to 8 9 t RS-6 R E 6RQry�c� 5 Olcr: goy. RS-6 CASE: ZN8987 cnfia .f', n w mil✓Zoning and notice Area J RM:1 MUltifami 1 IL Light Industrial RM-2 Multiramily2 IH Heavy Industrial RM-3 Multifamily3 PUO Planned Unit De%Overlay oN Professional Office RS-10 Singlefamlly 10 RM-AT Muftif nily AT RS-6 Single-Family5 CN-1 Neighborhood Commercial Iii Single-Family e.5 CN-2 Neighborhood Commercial RS-TF Tura-Family CR-1 Resort Commertfal RS-15 SingleFamily 15 CR-2 Resort Commercial RE Residential Estate CC-1 General Commemial RS-TH Townhouse CG-2 General CClnmeroial SP Special Permit Cl Intensive Commercial RV Re—atipnal Vehicle Park COD Downtown Commercial RMH Manufactured Home CR-3 Resole Commercial --\ FR Farm Rural H Hlstarlc Overlay SUBJECT BP Business Park �� PROPERTY ❑m SubjaC lko�My Owners w'th 200'6uNer O In laves 12°nasme�hlpar rn X,owners Cityof P ,an Coi7p 5 LOCAT19 r MaP Christi Esri,HERE, MIFF Go�QusoyR,� CITY OF CORPUS CHRISTI DEVELOPMENT y SERVICES ZONING CASE ZN8987, CLINT & -� =- CATHERINE TUCKER CITY COUNCIL,- . • . CLINT & CATHERINE TUCKER DISTRICT 4 jorpistl SUBJEC PROP r L ROPERTY 0,if Coi'pu�� HERE, LOCATION MAP Clii i.n srr Rezoning a property at or near aqM., 1730-8 RAMFIELD ROAD oa� From the "FR/APZ-1" District To the "RS-15/APZ-1" District DEVELOPMENT M.M. .- VSERVICES Zoning and Land Use Proposed Use: Designated Future Land Use: To facilitate sale of property. Low-Density Residential Area Development Plan: Existing Zoning District: Flour Bluff(Adopted Jun-22-2021) "FR/APZ-1"Farm Rural within the i Accident Potential Zone-1 SUBJEGj Existing Land Use Zoning PROPEFj Site Low-Density Residential Low-Density Residential, "FR" North Vacant, Public/Semi-Public Rq Transportation South (Ramfield Road), "RE" RS-6 Low-Density Residential E 06-19-1979 % East Vacant, "FR" A RS. West Low-Density Residential "nF DEVELOPMENT w_ mL .. SERVICES Public Notification 12 Notices mailed inside the 200' buffer _ 0 Notices mailed outside the 200' buffer �2 f Notification Area SUBJECT PROPERTY. X Opposed: 0 (0.00%) N OT I C E 4 Separate Opposed Owners: (0) F,a , s 3 In Favor: 0 (0.00%) o 9 *Notified property owner's land in SQF/Total SQF of all RS-6 properties in the notification area = Percentage of public in sF� opposition and/or favor. RS-6 Am A p j nE:'' DEVELOPMENT SERVICES -- -- i.�� .. , Analysis & Recommendation • The proposed rezoning is consistent with the City of Corpus Christi Comprehensive plan and the future land use designation of low-density residential. • The amendment, if approved, will be compatible with the present zoning and conforming uses of nearby properties, and with the character of the surrounding area. • The property to be rezoned is suitable for use permitted by the zoning district that would be applied by the proposed amendment and will not have a negative impact upon the surrounding neighborhood. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RS- 15/APZ-1" DISTRICT DEELOPMENT SERVICES E!� `opus oyes i y L- m r - �J * es CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES Thank you ! SNOVEC, PRPERTY R- corpus CASE: ZN8987 N Aerial View Subject 12 Property SUBJECT PROPERTY City0f Corpus us LOCATION MAP LLfiS1 Esri, HERE, ggt3S C�% o a v HgaRpagpSgO AGENDA MEMORANDUM x852 Public Hearing/First Reading for the City Council Meeting of January 27, 2026 Second Reading for the City Council Meeting of February 10, 2026 DATE: January 5, 2026 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Interim ACM and Director of Planning and Economic Development Dan ielMc(o)cctexas.com (361) 826-7011 Annexation and Rezoning for ZBK, LLC in the FM 2444/London Area CAPTION: Ordinance annexing a 109.109-acre tract of land located along the south side of FM 2444 (Staples St.), east of CR 43 (Chuck Cazales Blvd.), and west of CR 41 (Gilead Rd.) upon petition by the landowner ZBK, LLC, for the development of a single-family subdivision; approving the related service plan; adding the annexed area to City Council District 5; and rezoning 53.211 acres of the annexed area from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District and establishing the "FR" Farm Rural District on the remaining acreage; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Upon petition by the landowners, ZBK, LLC, this ordinance will annex land for a proposed single-family subdivision located along the south side of FM 2444 between CR 41 and CR 42 in the London ISD school boundaries. The ordinance will also rezone the north 53.211 acres of the site to the "RS-22" Single-Family 22 District for Phase 1 which will include the creation of 77 half-acre single-family lots. Phase 2 of the development will include the creation of 80 lots for a total of 157 buildable lots. Staff recommends approval of the annexation and rezoning. BACKGROUND AND FINDINGS: Description of the Request The landowners, ZBK, LLC, submitted plans for a new single-family development located along the south side of FM 2444 (South Staples Street) between CR 41 and CR 43. The new development is located outside city limits but is contiguous with the current city limit line, which was extended along FM 2444 in 2022. The landowners requested City annexation to secure City services for their development. Description of the Proposed Developments Upon annexation, the landowner is requesting to rezone the northern 53.211 acres of their property to the "RS-22" Single-Family 22 District for Phase 1 , which allows lots with a minimum size of 22,000 square feet or approximately one-half acre, and the remaining acreage, which is Phase 2, will be zoned "FR" Farm Rural District for the time being. The property will be developed with 77 single-family lots in Phase 1, and 80 single-family lots in Phase 2 for a total of 157 single-family lots. The subdivision will have one entrance from FM 2444 and two entrances from CR 41 , which is the east boundary of the property. CR 41, in that area, is within the city limits. The developer estimates the sales price of each dwelling unit at approximately $800K. City Services to Subject Property The City provides services to nearby neighborhoods. The petitioning landowner has agreed to a Municipal Service Plan for the proposed development. It is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction, and will receive City water utility services from existing water lines in the area. No wastewater line is available in the area and the builder will provide each residential lot with a septic system. The City will provide street maintenance services for newly constructed roads within the subdivision. FM 2444 is a TxDOT-owned and maintained road. The portion of CR 41 that is adjacent to the development is currently within the City Limits. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. Compliance with City Annexation Guidelines The City will evaluate property owner-initiated requests for annexation based on criteria stated in the Annexation Guidelines. The proposed annexation meets the following criteria: Criteria 1 . To protect public health and safety by: c. Preventing unregulated development in areas that: (i.) will have an adverse impact on adjacent areas within the City. Criteria 2. To provide municipal services to: a. Residential, commercial, and industrial land uses that would benefit from a level of service calibrated for a city rather than an unincorporated area. Criteria 3. Where property location is in: b. Areas contiguous to the City limit for which dense urban or suburban development activity is anticipated. Criteria 5. Based on economic and fiscal impacts: c. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. d. Annexation to ensure that areas benefiting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. e. (i.) An owner-initiated application for single-family residential development is unlikely to prove a positive fiscal impact and a fiscal impact analysis should not be used exclusively to evaluate an annexation. Therefore, other criteria should factor into the decision to annex. ALTERNATIVES: The land could remain outside city limits (OCL) and the City could offer the landowner an OCL water and wastewater contract for services, however, doing so would not be consistent with recent policy decisions and would not generate city tax revenue for an area that already benefits from existing City services. Therefore, this alternative is not a recommended course of action. FISCAL IMPACT: Departments indicated they could absorb the cost of providing services to the proposed development within current budgets. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the rezoning. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Municipal Service Plan, Property Descriptions) Landowner's Petition for Annexation Zoning Report Presentation Ordinance annexing a 109.109-acre tract of land located along the south side of FM 2444 (Staples St.), east of CR 43 (Chuck Cazales Blvd.), and west of CR 41 (Gilead Rd.) upon petition by the landowner ZBK, LLC, for the development of a single-family subdivision; approving the related service plan; adding the annexed area to City Council District 5; and rezoning 53.211 acres of the annexed area from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District and establishing the "FR" Farm Rural District on the remaining acreage; providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, April 28, 2025, the landowners, ZBK, LLC, signed a petition requesting annexation of 109.109 acres out of the south half of Section 30 and the north half of Section 33 of the Laureles Farm Tracts (Tax ID 4250-0030-1012) for the proposed single-family subdivision ("Subject Property"); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, the City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, the City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. WHEREAS, the area being annexed has no residents and is contiguous to City Council District 5; Page 1 of 3 WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the Subject Property; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. A 109.109-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, generally along the south side of FM 2444, east of CR 43 (Chuck Cazales Blvd.), and west of CR 41 (Gilead Rd.), is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 53.211 acres, as described in Exhibit "D" and shown in Exhibit "E," from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District and the remaining acreage of the subject property will be zoned "FR" Farm Rural District. SECTION 5. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 6. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 3 SECTION 7. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION 8. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 12. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 13. The boundary of the existing Single-Member Council District #5 for the City of Corpus Christi is hereby amended to add the areas annexed as shown in Exhibit A. SECTION 14. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Introduced and voted on the day of , 2026. PASSED and APPROVED on the day of , 2026. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 3 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 109.109 acre tract being out of a 157.00 acre tract described in a deed recorded in Document No. 2012025925, Official Records Nueces County, Texas. Said 109.109 acre tract being out of the north half of Section 33 and the south half of Section 30, "Laureles Farm Tracts" as shown on the plat recorded in Volume 3, Page 15, Map Records Nueces County,Texas. Said 109.109 acre tract being more particularly described as follows: COMMENCING at the intersection of the south right of way of South Staples Street, (A.K.A. Farm to Market 2444), and the center of County Road 41, for the northeast corner of the Mr. W Fireworks Inc. 2.58 acre tract described in a deed recorded in Document No. 2019021302, Official Records Nueces County, Texas, THENCE with the common line of the south right of way of South Staples Street and said 2.58 acre tract, South 89'11'11"West, a distance of 881.79 feet to a 5/8"re-bar set in the south right of way of South Staples Street, in the north line of said 157.00 acre tract, for the upper northeast corner of this survey and for the POINT of BEGINNING. THENCE across said 157.00 acre tract, and with an inside line of this survey, South 44'11'09" West, a distance of 21.21 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract, and with an inside line of this survey, South 00°48'51" East, a distance of 735.00 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract, and with an inside line of this survey, North 89'11'09" East, a distance of 897.07 feet to a 5/8"re-bar set in the east line of said 157.00 acre tract, in the center of County Road 41, in the west line of the Kitty Hawk Development, LTD 298.06 acre tract described in a deed recorded in 2011026100, Official Records Nueces County,Texas, and this survey and for the lower northeast corner of this survey. THENCE with the common line of the center of County Road 41, said 298.06 acre tract, said 157.00 acre tract, and this survey, South 00°50'08" East, a distance of 4128.06 feet to a 5/8"re- bar set as an offset in the west line of said 298.06 acre tract, and for the southeast corner of this survey, from WHENCE a found concrete monument in the common line of Sections 32 and 33, of said "Laureles Farm Tracts", in the intersection of the centers of County Road 18 and County Road 41, for the northeast corner of the El Casaga LTD. 320 acre tract described in a deed recorded in Document No. 2000027265, Official Records Nueces County, Texas, and for the southeast corner of said 157.00 acre tract, bears South 00°50'08"East, a distance of 352.11 feet. THENCE across said 157.00 acre tract and with the south line of this survey, North 49°30'01" West, a distance of 1765.66 feet to a 5/8"re-bar set in the east line of a 136.139 acre tract surveyed October 8, 2019 by Brister Surveying, in the west line of said 157.00 acre tract, and for the southwest corner of this survey, from WHENCE a 5/8"re-bar found in the north line of said 320 acre tract, for the southwest corner of said 157.00 acre tract, for the southeast corner of said 136.139 acre tract, bears South 00°50'07" East, a distance of 1517.58 feet. Page I of 2 EXHIBIT A THENCE with the common line of said 136.139 acre tract,said 157.00 acre tract, and this survey,North 00°50'07" West,a distance of 2962.40 feet to a 5/8"re-bar set in the common line of said 157.00 acre tract and said 136.139 acre tract,and for the lower northwest corner of this survey. THENCE across said 157.00 acre tract, and with an inside line of this survey,North 89°11'09" East, a distance'of 358.66 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract,and with an inside line of this survey,North 00°48'51" West,a distance of 735.00 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract,and with an inside line of this survey,North 45°49'24" West,a distance of 21.22 feet to a 5/8"re-bar set in the north line of said 157.00 acre tract,in the south right of way of South Staples Street, and for the upper northwest corner of this survey, from WHENCE a bent iron rod found in the south right of way of South Staples Street,and for the common north corner of said 157.00 acre tract and said 136.139 acre tract, bears South 89°12'32"West,a distance of 344.54 feet. THENCE with the common line of the south right of way of South Staples Street,said 157.00 acre tract, and this survey,North 89°11'11"East, a distance of 100.01 feet to the POINT of BEGINNING of this survey, and containing 109.109 acres of land,more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. I,Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day April 11, 2022 and is correct to the best of my knowledge and belief. '`�A2 e./6� Ronald E. Brister, RPLS No. 5407 Date. April 11,2022. .. ..... 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LRI- fnk,�NV 9x6d 0-la nup[llf IRI :w 0.niml w'.F I-Y tw lw nl]te�. *.YM unl•R Hn nrr.Tnc API:RAatLutl ulsnu.rc.w n[Imea: �.1[ 4. .auq va'nx rwau lwuxwly H. xmirm Atxxli.ls nl MlN1LIMLM �IAmlLI 41 YM rYy I LfYNIPNIIk W V kC11ALfi F 6R Fii -J 5}nN61fiCf Ae.cNMI,L RhPXI l➢Lx.W RFAa Lu RHnM4.A+YA 11➢1 lHhra'aFT9M M�IbF6411MR 0. t� [*rye• - �.v. m�asiwn'n+unnn � n u�mnw+- lw.s'Ixa*I•I ""'• m•naenn. 1R{YIECILUHn5 R�IkV465fA HF N+ILNIIbti l'F FfHHH .IitiF las.x a::ry+.aaIL, eF1.000P1} Fnlv!Ft% 1. 1'mRITIY�Ix'OP xn s An�<w ve tv.wnllnn �m M(nfP[:RPRNNF nvFAMx -nsuRm.O Il�P 414iNx <o5a� - ' nM.NL.Iri1rA.FAR ROOOIuu ttamm'sruoipTlstlnml �) ati 'x�-nY' tlu x+n�f lea wA., &[aav e.6uatv- . pe.9u'�'�+n�ncr�i.re. „[1MTTM lan.w.niw w.s��nsnwawR�. u�xuisiuevna.we�vn ,..ny.-.sin m..v.n JnOHi gMb •. �+IEIL..LI.A'i— EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT FOR A 109.109 ACRE TRACT OF LAND, OUT OF THE NORTH HALF OF SECTION 33 AND THE SOUTH HALF OF SECTION 30, LAURELES FARM TRACTS. This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and ZBK, LLC ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 109.109 acres of land situated in Nueces County, Texas, as specifically described and attached as Exhibit A and survey in Exhibit B ("Subject Property"'), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable considerations for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 1 Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments, and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the 2 Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies, and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point-of-use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be 3 maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently, there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon the dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently, there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court, and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital Improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the 4 ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 5 Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 6 Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binding Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER By: By: Peter Zanoni, Amir Zarghooni, Vice President City Manager ZBK, LLC Date: Date: APPROVED AS TO FORM: By: Buck Brice Deputy City Attorney For the City Attorney 8 EXHIBIT A: STATE OF TEXAS COUNTY OF NUECES Field notes of a 109.109 acre tract being out of a 157.00 acre tract described in a deed recorded in Document No. 2012025925, Official Records Nueces County, Texas. Said 109.109 acre tract being out of the north half of Section 33 and the south half of Section 30, "Laureles Farm Tracts" as shown on the plat recorded in Volume 3, Page 15, Map Records Nueces County,Texas. Said 109.109 acre tract being more particularly described as follows: COMMENCING at the intersection of the south right of way of South Staples Street, (A.K.A. Farm to Market 2444), and the center of County Road 41, for the northeast corner of the Mr. W Fireworks Inc. 2.58 acre tract described in a deed recorded in Document No. 2019021302, Official Records Nueces County, Texas, THENCE with the common line of the south right of way of South Staples Street and said 2.58 acre tract, South 89'11'11"West, a distance of 881.79 feet to a 5/8"re-bar set in the south right of way of South Staples Street, in the north line of said 157.00 acre tract, for the upper northeast corner of this survey and for the POINT of BEGINNING. THENCE across said 157.00 acre tract, and with an inside line of this survey, South 44'11'09" West, a distance of 21.21 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 15 7.00 acre tract, and with an inside line of this survey, South 00°48'51" East, a distance of 735.00 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract, and with an inside line of this survey, North 89'11'09" East, a distance of 897.07 feet to a 5/8"re-bar set in the east line of said 157.00 acre tract, in the center of County Road 41, in the west line of the Kitty Hawk Development, LTD 298.06 acre tract described in a deed recorded in 2011026100, Official Records Nueces County,Texas, and this survey and for the lower northeast corner of this survey. THENCE with the common line of the center of County Road 41, said 298.06 acre tract, said 157.00 acre tract, and this survey, South 00°50'08" East, a distance of 4128.06 feet to a 5/8"re- bar set as an offset in the west line of said 298.06 acre tract, and for the southeast corner of this survey, from WHENCE a found concrete monument in the common line of Sections 32 and 33, of said "Laureles Farm Tracts", in the intersection of the centers of County Road 18 and County Road 41, for the northeast corner of the El Casaga LTD. 320 acre tract described in a deed recorded in Document No. 2000027265, Official Records Nueces County, Texas, and for the southeast corner of said 157.00 acre tract, bears South 00°50'08"East, a distance of 352.11 feet. THENCE across said 15 7.00 acre tract and with the south line of this survey, North 4990'01" West, a distance of 1765.66 feet to a 5/8"re-bar set in the east line of a 136.139 acre tract surveyed October 8, 2019 by Brister Surveying, in the west line of said 157.00 acre tract, and for the southwest corner of this survey, from WHENCE a 5/8"re-bar found in the north line of said 320 acre tract, for the southwest corner of said 157.00 acre tract, for the southeast corner of said 136.139 acre tract, bears South 00°50'07" East, a distance of 1517.58 feet. EXHIBIT A: THENCE with the common line of said 136.139 acre tract,said 157.00 acre tract, and this survey,North 00°50'07" West,a distance of 2962.40 feet to a 5/8"re-bar set in the common line of said 157.00 acre tract and said 136.139 acre tract,and for the lower northwest corner of this survey. THENCE across said 157.00 acre tract, and with an inside line of this survey,North 89°11'09" East, a distance'of 358.66 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract,and with an inside line of this survey,North 00°48'51" West,a distance of 735.00 feet to a 5/8"re-bar set for an inside corner of this survey. THENCE across said 157.00 acre tract,and with an inside line of this survey,North 45°49'24" West,a distance of 21.22 feet to a 5/8"re-bar set in the north line of said 157.00 acre tract,in the south right of way of South Staples Street, and for the upper northwest corner of this survey, from WHENCE a bent iron rod found in the south right of way of South Staples Street,and for the common north corner of said 157.00 acre tract and said 136.139 acre tract, bears South 89°12'32"West,a distance of 344.54 feet. THENCE with the common line of the south right of way of South Staples Street,said 157.00 acre tract, and this survey,North 89°11'11"East, a distance of 100.01 feet to the POINT of BEGINNING of this survey, and containing 109.109 acres of land,more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.) Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. I,Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day April 11, 2022 and is correct to the best of my knowledge and belief. '`�A2 e./6� Ronald E. Brister, RPLS No. 5407 Date. April 11,2022. .. ..... ROK"L MINER ...........t. �! 5UW" Job No. 220606 EXHIBIT B: sLx EY F $rlstcr uyin A.4lR'LRd'h['RI 1khC7 H}➢N{:I IRf l ryk h]SrfUR[RF lililC'r 18HR19FJJ m R 1]FFR RLY'ARl1L•U IRi IR 0.:11LIEN1'Nfi.HOFIl(lA1 RF1fYIR1198N1L}9ITIL:NTV.TL%AS.&41U LdR.LVI AILRE➢T.MI'IR%IMC ...r SLR(]FTHE H[NL'91 I IA]F UI LI[T[]H lr RHF]1111 RI1ll711 HALF Ur'51YlHJN R),'fALRFJ.FS iRRYA 1HA4T3 h{9H(]xRA fIP1711 PIA I RI AT]xfYJ:U IN V4R.UNL,F!VI:E IS MAPxM[!$flR HUI�dF{I YW N7V 94:%AS 3 AU_1'n3111 >M,arxxn'nr n}L}.�<PgMIHMI 0.lT'N.41u1(Ily}]<NR�YI.LIL � Jswlo ucls / If[iC M:t.DnRY Le-0JLY.R_I. /,�( 1 H3[Waniu'sJti y 1 !f sr.rH'slmoHJl —J 1 Hs:xucll nIRR IS INRR'i1 r 3A A?RFR S.MHM.lml:':1'. 1 ^FSf.-Tiles tf gj IAl1RIF9 F'R9M ERAi:is COUNTY ROAD 41 ! mu ••.•.y� j � 4'OL l.aa„ OY RI[II I[1R%'AY l 9f10'PPIXfE[L'REroy . '.r. iP[Y 91'CA'F.�IFAf3ll IME.nS __ _lAb Ol tm� e� RkJ1.uHukx w � f .�� �` •. I I :. 15iL0ACHF'T9L%['f .?� 9H IlH'ALRLS �f �n J RFAGIMOFA OF 1 I = �q 11� l 4lf JK 31"E. gJl' • �tJ � �l 4�� 4' �� I•.[§.I§ ?slur rn::.. rr" f � � !,f 3= Fs ` �S j (l[� ( �yi 9 yf d•( Y I"a S^ Fi'aFx IUNv HI.NAINIII.:x rN' %f / /'f/l C d�(aPP �Fe�j B• 6rtVW.1'a 1nH rR.SI-[F - I{TIRI ASRF.TAhiT �'� 11 r( f /j Oha' o-!e 9 _ S� r Nue.1o'urn ixzur iraEss,� , — aosa�. _ NI4W9LrW I�rol ( ! 1 / ! ,I �r ///J r• 'La I)9.1 W.M'Hk:S 1 J pu. RUHVF:VFTJ .s [ UiTIJP1:H tl.:11LF ". LL-NiP t3'319V'11.3,'INF 9, LT I—[L1EA3j [3•bL8[`]E']B'E foEEn'I L3-S1Y tl nvw'213'[WI:.4Y1 ]Jtl1{CRES 206E hLW3 M1114.1A'}]RtYlOPRS IIVC CP-AI. fR1- OfiP.N0..h1193d1]0? LRI- fnk,�NV 9x6d 0-la nup[llf IRI :w 0.niml w'.F I-Y tw lw nl]te�. *.YM unl•R Hn nrrinc API:RAatLutl ulsnu.rc.w n[Imea: �.1[ 4. .auq va'nx rwau lwuxwly H. xmirm Atxxli.ls nl MlN1LIMLM �IAmlLI 41 YM rYy I LfYNIPNIIk W V kC11ALfi F 6R Fii -J 5}nN61fiCf Ae.cNMI,L RhPXI l➢Lx.W RFAa Lu RHnM4.A+YA 11➢1 lHhra'aFT9M M�IbF6411MR 0. t. [*rye• u�mnw+- .w.s'Ixa*I•I ""'• m•naenn. 1R{YIECILUHn5 R�IkV465fA HF N+ILN�IIbti l'F F�fHHH�.IitiF ��� las.x a::ry+.aa eF1.000P1} Fnlv!Ft% 1. 1'mRITIY�Ix'OP xn s An�<w ve tv.wnllnn �m M(nfP[:RPRNHF nvFAMx -nsuRm.O Il�P 414iNx <o5a� - ' nM.NL.Iri1rA.FAR ROOOIuu ttamm'sruoipTlstlnml �) ati 'x�-nY' tl{J x+n�f lea wA., &[aav e.6uatv- . pe.9u'�'�+n�ncr�i.re. „[1MTTM lan.w.niw w.s��nsnwawR�. u�xuisiuevna.we�vn ,..ny.-.sin m..v.n JnOHi gMb •. �+IEIL..LI.A'i— EXHIBIT D STATE:OF 7 FXAS C.01"KTV OF N UF.C.ES F kAJ vexes tf an $3, 11 acre irw. of Lund king o11,7f a I IN.10J at rr Imet or land.said 109,109 xr-c tram a 1 o h-c-irg m orthe S1lrrth orbe hal F c}f motion 30 and the North one hai r r+i'smthNik 33 ofthe LULr-leg F anni Tracu as m-cm led in V.c,lumc :. Pagv 13 of 16c Map Kvtosls �1'1�414 i�°� r.L14lrrty, 'C"� , and a5 dcs,:.rilx:d in a wffral11a� d with ti 41r1 �r`t 11 I r«111 Ai. it I'r rtl,�tii !�+101°IL:ti a k ,9 F, Money., i iv i,jwal l� aia1d as in4litponOcnIt omMor L r nci.�cmarc 4,jf.M- Ik ha I 1 hc,b;forc 1t,�I x, 1 kT axe ,arld as fro of tKc "amr.nLBU InrAs creak-d under the last%i 11 and irsummem orm iA.at 1 1 helxkw Meanc3, Lece&urd;Mam- Hider~ catmV4 o---olo Johlt Mminv-+-. Ws Josi:0 J, Mea ti°a micl 1 10mlmh Aim N-10 v.Y. Inwee of the •I Marie 'LlcmleLy Tnim,to Z_1#.K., LUC as recccded urx er 9GCU r em No. 2022011164 -if the 011 icW Publ i- Kccoi-6- of Nun es. COUREWL TON AM SZid 53.2 11 ave lmt ilf Mari-3 N ing MUM perletti ul rlti°d +:r l 1 I,+a IalwtC- arld Lnjrt,d .as F)114 C r11FI+ MENCINCA at a 5,S irbellr i run PM 0 al the inE lim or tlac c-cm lerl Mir 4 NtmL-,,Counly Rota 41 rind the UIFA ' d&OC AVkl HPIC Of F--mm io Marko I1I, ii+i4' NV. %.IILI fklint nj.fimlh Ir 50' W Est a mledine 4rf Mate,i%L`OLIF11% Rl"A4141 MW the C41111ITEM byurxlar•y lira bdw-nm the&nFLh me- half or -Lion g�3+0 and m h I r !ii•S4ct im ,1 c? I h4 I ,m r4 IdS F�Irim 'I'rms it,voto 3. r■gc 15 KFIp the Map IR-:Lin] 1 -%-1%L;i ll1}1 01IL.4 Of 65.01 fLCI ffi%ln The i11iMft-1.i0lk OF libc Cenkd1niC.L3 FaM L(l NjarkL4, HlRhWoo }-144 and the centedine ofhlumv—; ULtIllmly Road 41, and tk-i lap Lt% P03NT OF CO N151 FN. 'FN1F,NT; 01 W 001L Ema Aft*@ ctn"Liv or Nucces County I1,1md 41 zarll lbe a nmon bouadaly line hev&m the kdth on halrof smicm 30 I W�1]kllh me ha?fof Srciiom 31 Of Ou I.-manes F°mm Try h d imance of 134.98 t-L'eL ter;a V$ Inch dimmciL r i rLw�n--d faro rml riar the WMAWa"1.-.Vf F or dkis M-1 and L[ POI N'I'()F BEGLLlw NIN('; Thaw Cto SO` " F ,L Ic*ng 11be txl&flinc L+fNtioces CDwnty Road .91 an+ the cmrMouil bovrw .ry lifter the SMh on halftif Section 14)and 41}uth ow half-of Swim 31 oftk Lmrck-z romn "fmci% a dill trf 1753.1.9 fret to a 5/3 inch 4Jra 11 ivwr i n-rI %m f(Y t1ve Wobart conncr of IN,.trawl; TI1ENCE Smith W ODD' 57"W",rt 50-00 11'6m t1:Gvsi a�1 ir1 hI i rti md%v in the rutkItrt Nate ( oun1% Rmd 411 wL.-tfx11r riglA I`}i'A-a ° I irWL RVI Dill ;A4L%2'W of 3f -00 f=1 tlft a 5?9 irxla irtirl RKI WL FIr an GrrL11rIvr c4"vrof l E.NCL 4 1 a d i:arxm of 79.17 fvrA to a 543 inch inM ra_tirl S4C I r,r an 4twrior twer of Illis 1W. 141FINICE Sow1h W I I' I V Wi-%r a,1kUncc or r 76n f 5 fom to u+- inch imn rtmill set Fdr an ince6or cartes of rhilr .aalcrr; THENCE Smile (t° W' 07- bast a distan c ofML-07 fbet to a WE Irxch ircm read sel rar an interior awmcir-of this IFIC1. TH E:NCE Ah Vr 12'2Y-Wi:9 a d is1wwc of240_10 fcci la a 5fS inch iron rod sd in the c nnwn w slit w Niai = vF AIk iri-•r :ind v='�,ely bouridary or @ 74.4I a= tracl dniribcd irk a warranter &cd with 4:t'+ror`81icM I'iti=I-,i Ypnrs.%Maine CmrpM1.LLC I Pow Ilabbi)Enterptist.LUCa&vocordad ofidixl.]+rK umcnt No.20160�L 07 7 L,1'11kc Official Public,Rccfwds of Nwcc�County.Tcc&-;,for the vuth%avgt-cwia of lhi Lrxl-. THENCE North V 50' 07-W wt alp}ng Ifs•curnmon wi.-shrew bourrdar;r of ill is tr&o ;I Ild-C;5%IC3I tmwndary -of®X468 wry tract dcscdbcd in u wan-ant =d.LTd with voidor-, I rt n rrorrr Cypre- Ilk,int L'apHal= 1.U'to Irm r Baia lrifttp6w.LDC dux TI.CoOji.-j rnt+j�.-r 11% in is 0II �1071 of the OfFKial Public Rccvrds ofNwces Coumly.Tcxa,a dislance of 1762,1`1r; fc I to a 5 N irielit irtari r frwikri4 firs 11 nordmk%[ wr[rcr Uf Ihis traely THENCE forth SIY I I' 11Ar' E—Em along the ncxtberly boundary ofthis tract a dkmnce of 33 8.66 Fear ts-�s 518 in4h iKu1 rod found for an -PnL-ur'Klr�;�lrncr 4,f Shis tMI, TI IhXCE North(r 4 9' 33-Wc-t a distant-c of 715.00 fact to a 5.4 inch iron rvd fond for an intcrioc ccmlwy of this Ira;;a THENCE North 45Q 51' 11�" Wig a dislance or 21. fbct lu a 5S irrth iron rod found in the southttl - rFshc-urvv=oy lam of Farrm.to Marlket f ligh wa►y 2d44 fir an exterior fir of Ihis bate, 7'1 IENCE North 8r IV 55" East almw the Wuth eft right of way lirta of l;'wM to Markm I 1-10way 2444 a rJiv�of 100.00 fm Io tk 5 inch iron tx}d foind for an ex%- iw cwcrofthis Uuk. TI 11 NCE&wth W 12' 1: Wv-4 a.PJW;p x v*'21.22 ffell t*a 5M hitch iffin and fo'im for an inwrior car Ofthis Irack. TI i ENCE South 04:" 5 1" [?.&A a d jgan -of 735.00 fret la a 51% Lath iron rod farind for an inieriiar cmner O lliis tml: THEHCF Nrmh W 1 fit` IV FaM slang the nartlrrrly hcliurrdwy of this tract,at 947.07 foci paming a 98 inch iFon and wt in the I'uturc %v-sterly right -of Way 1inu of l umes Coant� E oA� 41. pit all a-JiS14il- c of 847.07 fcct ca ilriti taw ilw POINT OF 8FGINNING e+UUMiMing 53 211 acres of hand,more toy 1cww. is 2 of 3 @ : L) Bearimp am, bn-wd an GAS If%h ioni rg:S3-YLc NAD S3 Zone 4205 DaLL115Y Z) A map &-jr-g-Hmmitpajks this Metes end nd,;do ptir7n_ t FrM C. t .Jr..do hembycaffy(buftson-ey off p")p t Iegall) dexrikw!hemin "as made an dw .ground this day of 2025, AM js -cdarrw i w- the be t of my Madge aod belief. Ir OF Fmd C. Ray .Jr.. RPl S W 4486 0R" F 3 of 3 EXHIBIT E F.M. 24444 . STAPLES S R� =µ!moss 9'R((S.o.w. 1 1w s1f I Ap N R ••rs.emwmx I P.QMC'k mow 0 w _ 20L0'E IST.RA,W. - a e�R� SCALE:1"=50U' awsiwe ''A w ro ev w w"o'°su�s I wins bl ropyw +I I rNu a I un oalW scars gN i � � ;e� NAwESE9 f�,R�1s !Xr I g I l u¢W'CPSL 00.i0G EASNENT ACRE9 wr aF 1si ,� I aocogma 0 q1T(F s lg nyE011 y0 C.P.RKMT. $ wnnf/eas x� I t m Hr w R:r e/a w I p%I1 //�2 �Y�w ZETf � w1x'tl Tn.l s Wiel {2z 391LN SECNCN '� SO UNE "ffi v rwYasl L4 R31I LINESECTION Y, '5 I'll 5EC11R! N IM SECTION � N 1/3 SECTON 53 E 33 NE 3Z NNE I M-W PROP,RTI.W. £ I 20.W E1NST.zU,W, W.W'STREET WWCATWN I I m uurt a T�atxas ul n'p��s rxw,Pr�s.,s I I I B R S � saAa� I l�tlg LIKE BEARING DSfANCE L2 PMw,,T 9"N 2L24' \� �S "P• L3 SM72'1211 2L22 L4 swawS2W 50.W �\�\\ ♦ s gN 9^ LS N45'3P03'E sass• 35 L7 MWICIVE :AA0' TRACT 1: 2.089 ACRES CENTRAL POWER AND LIGHT CO.GARDENS SUBSTATION SITE DOC ff 950542 O.P.R.N.C.T. TRACT 2 0.230 CROWN COMMUNICATION, �``` �QF @s• I INC.TOWER SITE DOC B 2WB051944 O.P.R.N.C.T. �t Kro wo�wAlim TRACT 3: 0.050 ACRE CROWN Ls COMMUNICATION,INC. 20.00 FOOT ACCESS Taecr our ors In Boa EASEMENT DOC#2005051944 O.P.R.N.C.T. sEcnox so ���� -I 5/8 x t//��sErnw ss VM1f1fe fNwl 11V•C1S \ NCH SET 1 SET AT ALL u 1/2 SECTX)IJ N 1/2 SEC110N 111`1 N I/2 SECTON CORNERSU� 33 LINE 33 uNE 32 NNE NOTED OTHERWISE S 1/LIN2 SECTION °�� 5 1/2 SECTIONmm,RrAp S 1/2 SECTION 33 E ro s� 33 UNE ,COI rtlar 37 NNE ayden JOB NO. 220402 EXHIBIT D—1 SHEET 1 OF 2 urveying, Inc. SCALE, 1•=50C' SKETCH TO ACCOMPANY METES 5866 S. STAPLES, SUITE 315 DATEI 09-30-2025 CORPUS CHRISTI, TEXAS 78413 ➢RN. BY RG AND BOUNDS DESCRIPTION PH, 361-7281-7189, FAX, 361-991-9034 CHK, BY FH rf' 1 14 J. Perales &Associates, PLLC dba 1' • J. Perales Civil Engineering and Planning Services I �, ►' T.B.P.E. Firm # F-14207 (' April 16, 2025 Ito , City of Corpus Christi Planning Department I` P. O. Box 9277 Corpus Christi, Texas 78469 Attention: Mr. Daniel McGinn, Director Subject: Petition for Voluntary Annexation by Z.B.K., LLC For 109.109 acres out of Sections 30 and 33, Laureles Farm Tracts ' ' • Dear Mr. McGinn: The subject tract of land is generally located at the southwest corner of the intersection 1� of F.M. Highway 2444 and Nueces County Road 41. It is currently outside of but immediately adjoining the existing City of Corpus Christi city limits along F.M. Highway 2444 and along County Road 41. The property falls within the boundaries of the London Area Development Plan. j This correspondence is intended to serve as a formal letter of petition for voluntary annexation of the subject property by the City of Corpus Christi, as provided for under Section 43.0671 of Subchapter C-3 of Chapter 43 of the Texas Local Government Code. As stated above, the property is immediately adjacent to the existing city limits of the 1 City of Corpus Christi and meets all other statutory requirements for annexation. ►,;; Additional statements requested in Exhibit B of the City of Corpus Christi Annexation Guidelines are included below. Reason for request: The reason for this request is to secure full City of Corpus Christi municipal services for the proposed use of the property. Current property land use: This tract of land is currently vacant and used for agricultural purposes. r• Location of existing buildings and structures: tThe property is currently vacant of any habitable buildings or structures and is used for ►': agricultural purposes only. No one currently resides on the property. 5866 S.Staples St.,Ste.315,Corpus Christi,Texas 78413 r� Phone:(361)728-7188 Email:jperales@jperalesengineering.com Proximity to existing public utilities and infrastructure: City of Corpus Christi municipal water service is available via existing water distribution system improvements along F.M. Highway 2444 and County Road 41 immediately adjacent to the property. City of Corpus Christi municipal wastewater service is not available to the property. The proposed development of the property will include aerobic on site sewage facilities (OSSF's). Access to master stormwater drainageways is available along the southern boundary of the property. External street connectivity is available to the proposed development via F.M. Highway 2444 to the north and County Road 41 to the east. Specific retail energy and telecom service providers for the proposed development have not been established. Services are available in the area. Solid waste services would be provided by the City of Corpus Christi upon annexation. Description of proposed development and anticipated completion schedule: The proposed use of the property is entirely detached single family residential. The phasing plan for the proposed development includes 3 phases as shown on the attached phasing plan. The estimated time of completion for each phase is 18 to 24 months, depending on housing market demand. Proposed zoning and development density: Requested zoning under the City of Corpus Christi Unified Development Code will be RS-22, Single Family Residential with a minimum lot size of 22,000 square feet. Based on preliminary plans, net yield unit density will be approximately 1.4 lots per acre. General arrangement of existing and proposed land uses: A preliminary lot/street layout is attached to this letter. Preliminary drainage plan: A preliminary stormwater management/drainage plan is attached to this letter. Development phasing: A preliminary development phasing plan with proposed land use data is attached to this letter. Estimates of property values: Current estimates of developed lot property values, including improvements, is approximately $800,000 per lot. Page 2 of 4 Proposed street plan: A preliminary lot/street layout is attached to this letter. Current or proposed utility purveyors: Water utilities will be provided by the City of Corpus Christi. Wastewater service to individual lots will be provided by onsite sewage facilities (OSSF's). Solid waste services will be provided by the City of Corpus Christi, Specific retail energy and telecom service providers for the proposed development have not been established. Services are available in the area. Other attachments to this petition letter include a signed and sealed metes and bounds description of the property and corresponding exhibit maps, and current Nueces County Appraisal District information related to the property. By their signatures below, the authorized representatives of Z.B.K., LLC affirm the statements included and actions requested above. Please do not hesitate to contact me should you have any questions or require additional information. Sincerely, Juan Perales, Jr., P.E. J. Perales and Associates, PLLC dba J. Perales Civil Engineering & Planning Services Attachments: Preliminary lot/street layout Preliminary development phasing plan Preliminary drainage plan Metes & bounds description Boundary maps Nueces County Appraisal District property summary Page 3 of 4 Z.B.K., LLC By: IA4 Z9dN c ernandez, 41anager Date STATE OF TEXAS COUNTY OF NUECES This document was acknowledged before me on D by Blanch Fernandez, as Manager of the Z.B.K., LLC. Notary Public, State o Texas SONIA AGUILAR O1PRV P 6 i Notary Public,State of Texas Comm.Expires 06-07-2026 9, Notary ID 131597244 Page 4 of 4 ZONING REPORT Case ZN9032 APPLICANT & SUBJECT PROPERTY District: 5 (Upon Annexation) Owner: ZBK LLC Applicant: ZBK LLC Address: 601 FM (Farm-to-Market) Road 2444, located along the south side of FM-2444, north of the Oso Creek, west of the City's corporate limits and CR-41 (County Road 41), and east of CR-43 (County Road 43). Legal Description: Being 53.211 acres out of a 109.109-acre tract out of the south half of Section 30 and north half of Section 33, Laureles Farm Tracts. Acreage of Subject Property: 53.211 Acres Code Violations: None ZONING REQUEST From: "FR" Farm Rural District (Upon Annexation) To: "RS-22" Single-Family 22 District Purpose of Request: To allow a low-density residential subdivision. CORPUS CHRISTI COMPREHENSIVE PLAN Plan CC: Provides a vision, goals, and strategies to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ), which was adopted in 2016. LAND USE ADP (Area Development Plan): According to Plan CC, the subject property is located within the London Area Development Plan (Adopted on March 17, 2020). Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Zoning District Existing Land Use Future Land Use Site Agricultural Medium-Density Residential "OCL" Outside City Limits Agricultural, Commercial, North Transportation (FM 2444) Medium-Density Residential South "OCL" Outside City Limits Medium-Density Residential East "RS-15" Single-Family 15, "RE" Residential Estate Agricultural Commercial, Medium Density West "OCL" Outside City Limits Residential Roadway Master Plan (RMP) Existing Lanes Peak Roadway Service RMP Hour Plan Area Designation NB SB EB WB Volume Improvements (2021) Outside of FM 2444 Master "AY - - 2 2 No data None planned. Plan Bicycle Mobility Plan The subject property is not located near any bicycle mobility networks TRANSIT INTEGRATION The Corpus Christi RTA does not provides service to the subject property via Route. PUBLIC HEARINGS & NOTIFICATIONS Planning Commission December 10, 2025 City Council 1st Reading January 27, 2026 City Council 2nd Reading February 10, 2026 11 Notices mailed to property owners within 200 feet of the subject property 0 In Opposition 0 In Favor 0% In Opposition 0 Individual Property Owners in Opposition Background: The subject property is a 53-acre tract in the London Area, outside the corporate limits of the City of Corpus Christi, made accessible by an access along the south side of FM (Farm-to- Market) 2444 Road/Weber Road, an "AY class arterial, and is part of a larger parcel slated to be developed as two units. The first phase appears to be connected to subject application for rezoning, and will include approximately 81 lots. The subject property is immediately west of the City's limits along Weber Road. To the north of the subject parcel, properties are "OCL" Outside City Limits with agricultural uses, as to the south, and west. The properties to the east are zoned "RS-15" Single-Family 15 and "RE" Residential Estate, with agricultural land uses. The applicant is requesting a change in zoning for a low-density residential subdivision. The "RS-22" Single Family 22 Residential District permit single-family detached houses, group homes, and limited public and civic uses. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and built environments. ■ Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. ■ Encourage convenient access from medium-density residential development to arterial roads. London ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the London ADP; however, it is inconsistent with the future land use designation of Medium-Density Residential Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with the City of Corpus Christi Comprehensive plan; however, it is inconsistent with the future land use designation of Medium-Density Residential • The amendment, if approved, will be compatible with the present zoning and conforming uses of nearby properties, and with the character of the surrounding area. • The property to be rezoned is suitable for use permitted by the zoning district that would be applied by the proposed amendment and will not have a negative impact upon the surrounding neighborhood. Staff Recommendation: After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning from the "FR" Farm Rural District, to be granted upon annexation, to the "RS-22" Single-Family 22 District. Planning Commission Recommendation: Concur with Staff recommendation. Attachments: (A) Existing Zoning and Notice Area Map. (B) Metes & Bounds Description and Exhibit. (A) Existing Zoning and Notice Area Map ,y F R u RS-22 9 tx EM 2444-FM U S 57APL•ES-ST GN- I 2 5 11 R �-1 SUBJECT 10 , PROPERTY 4 1 5 RE CASE: ZN9032 °' N Rs3bstawn Cflrf:stl � Zoning and notice Areal�L 4 RM-1 Multifamily1 IL Light In dustrial RM-2 Multlfamlly2 IH Heavy Industrial RM-3 multmer y3 PUO Planned Unit Dev.Overlay ON Prolesslonal Ofike RS-10 Single-Faml ly'10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commemlal RS-4.5 Single.Family 4.5 CN.2 Neighborhood Commemial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residemiel Estate CG-1 General Commemial RS.TH Townhouse CG-2 General Commercial SP SPedal Permit Cl Intenaive Commercial RV Recreational Vehicle Park CBD Downtoym Commercial RMH Manufactured Home CR-s Rasod Commercial FR Farm Rural FI Historic Ovarlay SUBJECT BP Daaineae Park _ PROPERTY SubleLt Fro,vertY O Owners m1h 2X Duffer In favor 'i owners wimm sao rrsream owners City of ow ers^fptaD� xr nppnsa+al Corpus LOCATION MAP Christi [Sri,HARE, (B) Metes and Bounds EXHIBIT"A" STATE OF TEXAS COUNTY OF NUECES Field notes of an 53.211 acre tract of land being out of a 109.I09 acre tract of land,said 109.109 acre tract also being out of the South one halfof Section 30 and the North one halfof Section 33 of the Laureles Farm Tracts as recorded in Volume 3,Page 15 of the Map Records of Nueces County,Texas,and as described in a warranty deed with vendor's lien from Marie Francoise Meaney a/k/a Marie F.Meaney,individually and as independent executor of the estate of Michael Theodore Meaney,Deceased,and as trustee of the testamentary trusts created under the last will and testament of Michael Theodore Meaney,Deceased;Mary Helen Cabaud Meaney,Joseph John Meaney,a/k/a Joseph J. Meaney;and Elizabeth Anne Meaney,as trustee of the Therese Marie Meaney Trust,to Z.B.K.,LLC as recorded under Document No.2022031868 of the Official Public Records of Nueces County, Texas. Said 53.211 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 518 inch iron rod set at the intersection of the centerline of Nueces County Road 41 and the southerly right ofway line of Farm to Market Highway 2444,said point bearing South 0°50'00" East along the centerline ofNueces County Road 41 and the common boundary line between the South one half of Section 30 and South one halfof Section 31 of the Laureles Farm Tracts as recorded in Volume 3, Page 15 of the Map Records ofNueces County,Texas,a distance of 65.00 feet from the intersection of the centerline of Farm to Market Highway 2444 and the centerline of Nueces County Road 41,and being the POINT OF COMMENCEMENT; Thence South 0°50'00"East along the centerline of Nueces County Road 41 and the common boundary line between the South on halfof Section 30 and South one halfof Section 31 ofthe Laureles Farm Tracts a distance of 734.98 feet to a 5/8 inch diameter iron rod found for the northeast corner of this tract and the POINT OF BEGINNING; Thence South 0°50'04"East along the centerline of Nueces County Road 41 and the common boundary line between the South on halfof Section 30 and South one halfof Section 31 of the Laureles Farm Tracts a distance of 1753.19 feet to a 518 inch diameter iron set for the southeast corner of this tract; THENCE South 89'09'52"West,at 50.00 feet passing a 5/8 inch iron rod set in the future Nueces County Road 41 westerly right of way line,in all a distance of 300.00 feet to a 5/8 inch iron rod set for an interior corner of this tract; THENCE North 0°50'08"West a distance of 79.17 feet to a 5/8 inch iron rod set for an interior corner of this tract; THENCE South 89'l F 10"West a distance of 776.75 feet to a 5/8 inch iron rod set for an interior corner of this tract; Page 1 of 3 THENCE South 0°50'07"East a distance of 88.07 feet to a 5/8 inch iron rod set for an interior corner of this tract; THENCE South 89"12'25"West a distance of249.00 feet to a 5/8 inch iron rod set in the common westerly boundary of this tract and easterly boundary of a 74.469 acre tract described in a warranty deed with vendor's lien from Cypress Point Capital,LLC to Four Babba Enterprise,LLC as recorded under Document No.2016031077 of the Official Public Records of Nueces County,Texas,for the southwest comer of this tract; THENCE North 00 50'07"West along the common westerly boundary of this tract and easterly boundary of 74.468 acre tract described in a warranty deed with vendor's lien from Cypress Point Capital,LLC to Four Babba Enterprise,LLC as recorded under Document No.2016031077 of the Official Public Records of Nueces County,Texas,a distance of 1762.06 feet to a 518 inch iron rod found for the northwest corner of this tract; THENCE North 89° 11'W'East along the northerly boundary of this tract a distance of 358.66 feet to a 5/8 inch iron rod found for an interior comer of this tract; THENCE North 00 48'33"West a distance of 735.00 feet to a 5/8 inch iron rod found for an interior corner of this tract; THENCE North 45'53'39"West a distance of 21.24 feet to a 5/8 inch iron rod found in the southerly right of way line of Farm to Market Highway 2444 for an exterior corner of this tract; THENCE North 89'10'55"East along the southerly right of way line of Farm to Market Highway 2444 a distance of 100.00 feet to a 5/8 inch iron rod found for an exterior comer of this tract; THENCE South 44'12'12"West a distance of21.22 feet to a 5/8 inch iron rod found for an interior comer of this tract; THENCE South 00 48'5 1"East a distance of 735.00 feet to a 5/8 inch iron rod found for an interior comer of this tract; THENCE North 99'10'48"East along the northerly boundary of this tract,at 947.07 feet passing a 5/8 inch iron rod set in the future westerly right of way line of Nueces County Road 41,in all a distance of 997.07 feet to the to the POINT OF BEGINNING,and containing 53.211 acres of land,more or less. Page 2 of 3 Notes: 1.) Bearings are based on Global Positioning System NAD 83 Zone 4205 Datum 2.) A map of equal date accompanies this Metes and Bounds description. 1,Fred C.Hayden,Jr.,do hereby certify that this survey of the property legally described herein was made on the ground this 30'" day of p}, s1t„r r 2025, and is correct to the best of my knowledge and belief. £OFT (Rr[i��✓fA ?t YUEN,lR. Fred C.Hayden,Jr., RPLS No.4486 ��SURVEt�Q Page 3 of 3 ' p N 8 q 8g B F.M. 2444 — I -w 1O1ne. no"1°`zvw Eoao�ExIST,X,e,x. B k P G'.4 1$ —C-Po" 6RR SCALE:1 g41 1$ s w�w'wRe w xsr- xnee Ns-�vlse NT P.a.B. . e I re-Rm niu/ .I we Pww 'I I r, 4 I i e p£ r i��� In¢i�csv�sTR�rs �I II our aoB.lw nmB EJiSNENT -si ra¢1q� I Gocs5305Io WT OF S51/2�CIINi� I N,P.RN.GT. ~ NYRtlER Fa3mx s3 sI SOAC �R P�sm,KT9 1 I on ss*srcw xr R,rw I o� ® x.T YR'R ZLW 0 al, h mi Y 51/�SECIILN S Sl/25EL11W wlnYm � w51/2... SC LNE 833A'R 3G LINE nn� L4 31 LINE H 1/2EEECTCN x 1/2 gECXON — X 1/3 SECTION ].i 3l NE Sl LINE e I + SO.W PRpP,Rd.V. E20.00'ENIST.zp,V, 34.R0'$TPEET fIE�ICATmN II $ s li/a�c 11. � I,>La1�r�murs I I � I 53aNa@ II �g \;\ IVI WE EEARINO OSIANC:E S u rea�o3rE iwdv ��\\\ w L2 NW'SS3E'W 21.29 r'lYs��. � L3 EM']2']2ti! 2L22 L4oR.�nsw eesv L6 N�e9 a 096� :\ 45�� TRACT 1- 2066 ACRES CENTRAL POWER �.+ AND LIGHT CO.GARDENS SUBSTATION SITE DOC 1950542 O.P.R.N.C.T. TRACT 2 0.230 CROWN COMMUNICATION, �`�\ �s�Bs• I INC.TOWER SITE DOC#2006051944 O.P.R.N.C.T. TRACT 3, 0.050 ACRE CROWN P a1��u m Ra all, COMMUNICATION,INC.20.00 FOOT ACCESS m�oopp EASEMENT DOC#2006051944 O.P.R..N.C.T. —1 IAI/�cr9 55//8 NCH R l41 I N 1/2 SECTON SET AT ALL EECTIM N 1 UNESECTION Vll I 32 UNE CORNERS UNLESS 63 LINE zT uN NOTED OTHERWISE s 1/2 SEC1gN 5 1/2 6EOTM1 np s 1/2 s€cnou W ON€ �' 33 LNE smr 32 WE ayden Jos NO. 220402 EXHIBIT B—1 urve to Inc. SHEET 1 OF 2 y g SCALE. 1-50D- SKETCH TO ACCOMPANY METES 5866 S. STAPLES, SUITE 315 DATE- 09-30-2025 CORPUS CHRISTI, TEXAS 78413 ➢RN. BY RE AND HOUNDS DESCRIPTION PH- 361-7281-7168, FAX- 361-991-9034 CHK. BY FH N ? o _- F.M. 2444_�S STAPLES_ST.) �—��_—_—_F.M—_— °Flf NAl LI 130.0' R.O.W. END 5\R IR � -- sieFel DmlcdnaN str 5/a'IR SCALE:1"=300' alslex RRrsTU: END RJR R FlJD r^el_o.6D'EXIST.R,o,w, �ha yA z� MEANEY,ETAL p PART OF 45.315 AC OUT OF 157 AC Ia 3FiFl a^ TRACT OUT OF 5 1/2 SECTION 30 / Ig 'o US N 1/2 SECTION 33 Jay LAURELES FARM TRAM Im a S 3 TRACT 1 Itl W W 6y.n Z¢ o m Z M1, III RRISIER OG� 1 L4 RRrsiFR ND R\R R D'lfi 5\S IR �R- U"0�°R N0911'09"E 356.66' N89'10'4B"E 647.OY P.O.B. VENIFlFD _ 1 RID RJR IR o I � O LA Z 1C O O I R1 O V I 1 la IQ n UNIT 1253.al ICACRE9 10 OOT OF u 109.109 ACRE /2 S �1¢NN 91 SECTION 30 N 1/2 SECTIO SD.00'PROP.R,U,W. am N 33 LAURElES FARM TRACTS 81_3 0.00'EXIST RA 11, �n°viz¢ I �'� S I 0.00'STREET DEDICATION I I I .;I I 1 I 12 I I ` I 1 zoj�=� o�N 109.109 ACRES 60.00'CPNLIN LL OUT aF 157 ACRE TRACT I EASMENT OUT OF S 1/2 SECTION 30 110C9950549 0�� v N 1/2 SECTION 33 m LAURETES FARM TRACTS N M.R PC.15 36•DD' O M.R.N.C.r. I C] I J I 1� I L+ I I J SET 5/R'P 9ET 5/6'IR I 1 5897110 W 775.75' z"I'R;" 5 1/2 SECTION . Kd S 1/2 SECTION mS 1/2 SECTION 30 LINE sET s[e_gm 30 LINE Jy� 31 LINE N 1/2 SECTION N 1/2 SECTION N 1/2 SECTION 33 LINE 33 LINE 32 LINE 29N,LLC UNIT 2 55.898 ACRES I LIFE RFNa10 06TANCE OUT OF Ll IH8'SD�Y 1D0.W TRACT 1� 2.066 ACRES CENTRAL POWER 109.109 ACRES LQ NI5'Ss]9'41 2124' AND LIGHT CO.GARDENS SUBSTATION SITE s 1/2 sEcnaN 30 _ DOC 1'950542 O.P.R.N.C.T. LAURIEL/ES FARM OTRACTS L4 NAB'SO'49'E SOAR' TRACT 2_ 0.236 CROWN COMMUNICATION, L5 59RT11J 50.0V INC.TOWER SITE L8 SB9'0732"41 250.00' DOC III 2008051944 O.P.R.N.C.T. TRACT 3: 0,050 ACRE CROWN COMMUNICATION,INC.20.CC FOOT ACCESS EASEMENT DOC II 2006051944 O.P.R.N.C.T. 5 R den SET AT ALL ay den UNLESS NOTED WISE EXHIBIT B 2 JOB MID. 0. 220406 urve in Inc. SHEET 2 OF 2 v g SCALES Cl•=300' SKETCH TO ACCOMPANY METES 5665 S. STAPLES, SUITE 315 DATE BY9_30RE-2025 AND BOUNDS DESCRIPTION CORPUS CHRI TEXAS 78413 CHK. BY FH PHA 361-7281-7169, FAX 361-991-9034 ZBK, LLC Annexation and Rezoning Public Hearing and First Reading Ordinance M City Council Presentation January 27, 2026 i Promenade ` ° `` Creek � ° K A. JAV VIN � 852 * ° Barnartl Dr•� n d Mdo Sta 1 S St s�slirpl��st Annexation Area � � � �: ' ��,` Estates a{Kitty Hawk:o� 4 �i Zi c r� s! 1i� �Kn9 Ln ..A '.:w •C��- - ��� ':•, y�The Coves �." r atCago:Vista A . W I n � s ° _ - a - n P. I — Annexation Site ,♦ • 109.109 1 250500 1,000 Lot Layout & Phasing Plan Y g LIE r iu._sIL . I j I UNIT 2 UNIT 1 77 BUILDABLE LOTS Z ( 8i3 BUILDABLE LOTS } I ( ) 81 LOTS TOTAL 79 LOTS TOTAL 3 • Development Details: ❖ 109-acre site ❖ Rezone to RS-22 Single-Family on 53.211 acres for Phase 1; and FR Farm Rural on the rest ❖ 157 total buildable lots ■ Phase 1 - 77 lots ■ Phase 2 - 80 lots ❖ Mostly 1/2 acre lots ❖ Two stormwater detention lots ❖ Estimated developed lot value: $800k 1 Questions? • CITY OF CORPUS CHRISTI RECEIVED CITY SECRETARY'S OFFICE BAN 0 6 2026 I COUNCIL ACTION REQUEST CITY SECRETARY'S OFFICE TO: Rebecca Huerta, City Secretary FROM: Council Member Carolyn Vaughn,At-Large Council Member Sylvia Campos,Dist. 2 Council Member Gil Hernandez, Dist. 5 i COPIES TO: Mayor& Council Peter Zanoni,City Manager Miles Risley,City Attorney i I SUBJECT: Discussion and possible action regarding Ordinance No. 033350(File No. 24-0256), relating to the Type B economic development agreement with Elevatge QOF LLC. ACTION ITEM TITLE: Procedural Compliance and Potential Reconsideration of Ordinance No. 033350(File No. 24-0256) ACTION REQUEST: Per Council Policy 16.d.,we are requesting that the following item be placed on the January 13, 2026, City Council agenda for discussion and possible action: Consideration and discussion of whether Ordinance No. 033350 (File No. 24-0256), relating to the Type B economic development agreement with Elevatge QOF LLC,was adopted in compliance with the City Charter, City Code, and Council procedural requirements, including but not limited to: 1. Whether the ordinance received two valid readings on separate dates as required, given passage on first reading on February 20,2024,withdrawal from the February 27,2024 agenda, and adoption on April 23, 2024. 2. Whether substantive changes to the ordinance caption, stated purpose, and funding justification between the first and second readings constituted amendments requiring a formal Council vote prior to final adoption; and 3. Whether the absence of a voted amendment affects the validity of the April 23,2024 adoption. REQUESTED ACTION: Receive a written legal and procedural analysis from Scott,Ray, Pemberton, and Goll PLLC Attorneys at Law, followed by Council discussion and direction, including whether reconsideration, ratification, amendment, or other corrective action is required to ensure procedural compliance. This agenda item is limited to procedural compliance and Council authority arising from changes between readings and does not prejudge the outcome or any reconsideration. Council Member Carolyn V lin Council Member Sylvia Campos i Council Member Gil nandez I I t 1 RECEIVED JAN 0 6 2026 CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE CITY SECRETARY" S OFFICE COUNCIL ACTION REQUEST i TO: Rebecca Huerta, City Secretary FROM j Councilmember Sylvia Campos, Dist. 2 Councilmember Eric Cantu, Dist.3 Councilmember Carolyn Vaughn,At-Large COPIES TO: Mayor & Council PeterZanoni, City Manager Miles Risley, City Attorney SUBJECT: Discussion to eliminate Drought Exemption Fee. ACTION REQUEST: Per Council Policy 16A.,we are requesting that the following item be placed on the January 13, 2026, City Council agenda for discussion and possible action: Discuss and consider possible action to eliminate Drought Exemption Fee. Council ember Sylvia Camps Council Member Eric Cantu Council Me ber Carolyn Va hn CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE COUNCIL,ACTION REQUEST TO: Rebecca Huerta,City Secretary RECEIVED FROM: Council Member Kaylynn Paxson,Dist,4 J 21 2026 Council Member Eric Cantu,Dist.3 Council Member Gil Hernandez,Dist.5 CITY SECRETARY'S OFFICE COPIES TO: Mayor&Council Peter Zanoni,City Manager Miles Risley,City Attorney SUBJECT: Motion to Discuss and act on approving and adopting the Padre/Mustang Island Mobility Plan as an element of Corpus Christi's Comprehensive Plan-Plan CC. Motion to Discuss and act on passing a council resolution in support of the MPO project CSJ 0617-02- 073 corridor upgrade for pedestrian and access management improvements without adding capacity. ACTION REOUEST: Per Council Policy 16.d.,we are requesting that the following item be placed on the January 27,2026, City Council agenda for discussion and possible action: Motion to Discuss and act on approving and adopting the Padre/Mustang island Mobility Plan as an element of Corpus Christi's Comprehensive Plan-Plan CC. Motion to Discuss and act on passing a council resolution in support of the MPO project CSJ 0617-02- 073 corrido upgrade for pedestrian and access management iJA7) i C cil Me er Kayly P n Council Member Gil H Council tuber Eric Cantu CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE COUNCIL,ACTION REQUEST TO: Rebecca Huerta,City Secretary RECEIVED FROM: Council Member Kaylynn Paxson,Dist,4 J 21 2026 Council Member Eric Cantu,Dist.3 Council Member Gil Hernandez,Dist.5 CITY SECRETARY'S OFFICE COPIES TO: Mayor&Council Peter Zanoni,City Manager Miles Risley,City Attorney SUBJECT: Motion to Discuss and act on approving and adopting the Padre/Mustang Island Mobility Plan as an element of Corpus Christi's Comprehensive Plan-Plan CC. Motion to Discuss and act on passing a council resolution in support of the MPO project CSJ 0617-02- 073 corridor upgrade for pedestrian and access management improvements without adding capacity. ACTION REOUEST: Per Council Policy 16.d.,we are requesting that the following item be placed on the January 27,2026, City Council agenda for discussion and possible action: Motion to Discuss and act on approving and adopting the Padre/Mustang island Mobility Plan as an element of Corpus Christi's Comprehensive Plan-Plan CC. Motion to Discuss and act on passing a council resolution in support of the MPO project CSJ 0617-02- 073 corrido upgrade for pedestrian and access management iJA7) i C cil Me er Kayly P n Council Member Gil H Council tuber Eric Cantu CITY OF CORPUS CHRISTI ORW' k� .? ' ANIMAL CARE ,U: �i4, ' SERVICES -mot. Operational Briefing January 27, 2026 OVERVIEW = e 1. Citygate Operational Assessment • FY 2025 Progress Report (October 2024- September 2025) 2. Capital Improvement Projects I w • FY 2025 Mid-year Budget Adjustment 3. FY 2026 1st Quarter Shelter Statistics • October 2025 - December 2025 2 City of Corpus Christi CITYGATE ASSESSMENT ANIMAL CARE SERVICES ASSESSMENT FY 2025 PROGRESS REPORT CITY OF CORPUS CHRISTI,TX (October 2024- September 2025) cea ANIMAL CARE SERVICES BACKGROUND On May 8, 2025, Animal Care Services (ACS), in collaboration with Citygate Associates, presented the findings of their operational assessment to the City Council. Citygate's evaluation produced a comprehensive roadmap comprising 170 recommendations to modernize ACS operations. A majority of the recommendations were related to internal operations, including policies and procedures. Citygate organized the 170 recommendations into seven categories: Standard Operating Procedures (SOPs), Operations, Staffing, Website, Facilities, Culture, and Statistics. rM ceaq 4 City of Corpus Christi C I T Y G A T E ANIMAL CARE A S 5 ° _ I A T E S SERVICES RECOMMENDATION CATEGORIES Number of Citygate Recommendations Category SOP's 64 Operations 56 Staffing 27 Website 8 Facility 6 .sue° Culture 5 Statistical 4 Reporting Total 170 jib ceaq C I T Y G A T E ANIMAL CARE A S S o C I A r E 5 SERVICES CITYGATE ASSESSMENT IMPLEMENTATION PLAN Fiscal Year 2025 completed Recommendations implementation Timeline(Presented to CityCouncil on May 8,2025) Fiscal Year FY 2025 (*lumber Expected Complete 65 Completed 66 ACS successfully implemented 96 of 170 recommendations, surpassing its goal by 31. Initially, Citygate and ACS aimed to implement 65 of the 170 recommendations outlined in the Citygate assessment report for FY 2025. Nine recommendations were completed ahead of schedule due to a mid-year budget adjustment approved by the City Council in June 2025. *Each recommendation is reviewed and verified by Citygate before being counted as complete. In \,►�� 6 City of Corpus Christi c.„ol co.P's c"Is_ C I T Y G A T E ANIMAL CARE A s s o c I A r E s SERVICES CITYGATE ASSESSMENT IMPLEMENTATION PLAN Fiscal Year 2026 Implementation Plan (October 1, 2025 - September 30, 2026) Updated . Fiscal Year FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Total Projected Progress 96 voe 50 24 170 Due to exceeding the Fiscal Year 2025 goal, Citygate and ACS have updated the Fiscal Year 2026 implementation plan. In Fiscal Year 2026, ACS will continue to focus on recommendations related to standard operating procedures and operations, which account for the majority of the remaining recommendations. ceaq 7 City of Corpus Christi C I T Y G A T E ANIMAL CARE A s s o c I A r E s SERVICES CITYGATE ASSESSMENT OVERALL PROGRESS The chart illustrates ACS's overall progress in implementing recommendations and indicates the number of remaining recommendations by category 33 SOPS 1 31 64 Operations 24 32 55 21 Staffing 27 i Website �'35 �8 M 2 Facilities �q �s 0 Culture =g �5 1111111111111113 Statistics 1 4 0 10 20 30 40 s0 60 70 COMPLETE 35 IN PROGRESS TOTAL RECOMMENDATIONS 170 \, eaq 8 City of Corpus Christi C I T Y G A T E Ass ° c , ATEs ANIMAL CARE SERVICES jai CAPITAL IMPROVEMENT PROJECTS (CIP) PROGRESS REPORT • . . Chnsli ILA— �' 4}.rY4.��,' : .�:e'l6 .s d 4m 4 °i Background The Citygate assessment revealed that the ACS complex is outdated and insufficient to meet current operational needs. Built in 2004, the ACS facility has not undergone significant upgrades since its construction. On June 17, the City Council approved a mid-year budget adjustment of $3,255,972 for capital improvement projects ($2,645,407) and staffing enhancements ($610,564). This report provides the latest updates on these capital improvement initiatives as of December 1, 2025, and is provided bi-monthly to the City Council. eaq 10 City of Corpus Christi ANIMAL CARE SERVICES FACILITY ENHANCEMENTS 1.Kennel Building 3 Envelope and HVAC 2. Roof Replacements and Wash Bay Upgrades ,,, - - 3. Admin Building Mechanical, Electrical, Plumbing (MEP)Improvements 4. Incinerator Replacement f 5. Security Gate Repair Ir 11 City of Corpus Christi eaq ANIMAL CARE SERVICES KENNEL BUILDING 3 ENVELOPE AND HVAC Budget: $875,000 Project Scope: Retrofitting Kennel building 3 to maintain temperatures below 85 degrees Fahrenheit, improve the health and well-being of the animals by minimizing temperature- related stress, and enhance the viewing experience for potential adopters to increase live release rate. Project Status: The design is complete, with construction set to begin in June 2026 and expected to take 300 days across two phases. Due to manufacturing delays, HVAC equipment will arrive in June 2026, with the projected completion moved to February 2027, initially scheduled for November 2026. The contractor is working to minimize the overall construction time despite these setbacks. 12 City of Corpus Christi eaq ANIMAL CARE SERVICES ENVELOPEKENNEL BUILDING 3 Kennel Building 3 13 City of � t ia. ': , • _ � .is - � � �, J!'M'[1JtiJ�i 3 � ri1J1.ltlatt E 3 r j � � i tJ�i# that atis � G, 14tify • . . ROOF REPLACEMENTS AND WASH BAY UPGRADES Budget: $769,457 (includes both projects) Five of Seven Roof Replacements Project Scope: This project addresses aging roofing systems by installing new roofing on the Cat Building (Building 5), the Maintenance and Storage Building (Building 6), the Administration Building, Kennel Building 1, and Kennel Building 3. Project Status: Complete. Vehicle Wash Bay Project Scope: Establish a dedicated area for washing animal care vehicles, focusing on proper drainage to manage pathogens and cleaning chemicals to prevent stormwater contamination and the spread of germs by foot into the animal care facility. Project Status: Complete. 14 City of Corpus Christi ANIMAL CARE SERVICES ROOF REPLACEMENTS Roofs to be Replaced Completed Roof(Administration Building) 15 City of Corpus Christi ANIMAL CARE SERVICES WASH BAY UPGRADES •_�� ,�: uai�r� �• nnonr I Wash Bay Construction Completed Wash Bay \1►eaq 16 City of Corpus Christi ANIMAL CARE SERVICES ADMIN BUILDING MECHANICAL, ELECTRICAL, PLUMBING ( MEP) IMPROVEMENTS Budget: $685,950 Project Scope: Addresses the failures of condensing units in the Administration and Clinic building, which have caused inadequate ventilation and pose risks to the clinic and surgery wing. Project Status: The design is fully complete. Due to manufacturing delays, the MEP upgrades are now scheduled to start in July 2026 and are expected to be completed by January 2027, which was originally estimated for March 2026. 17 City of Corpus Christi eaq ANIMAL CARE SERVICES ADMIN BUILDING MECHANICAL, ELECTRICAL, PLUMBING ( MEP) IMPROVEMENTS f _ Z Admin Building Electrical Panel Admin Building HVAC ceaq 18 City of Corpus Christi ANIMAL CARE SERVICES INCINERATOR REPLACEMENT Budget: $300,000 Project Scope: The existing cremation unit is unsuitable for a municipal shelter as it is not designed for communal use. The limited number of qualified vendors who can service the existing unit often results in delays of several months for necessary repairs and maintenance. Project Status: The project is currently in the design phase, with an estimated minimum duration of six months for manufacturing and delivery. 19 City of Corpus Christi eaq ANIMAL CARE SERVICES INCINERATOR REPLACEMENT MUM i i ■ ti Yl i e Example of Replacement Incinerator ceaq 20 City of Corpus Christi ANIMAL CARE SERVICES SECURITY GATE REPAIR Budget: $15,000 Project Scope: Replaces the non-functional security gate at the animal loading area. The existing gate's inability to close poses a safety risk, as it allows animals to escape. A new gate will enhance security and prevent animal escapes during transport. Project Status: Complete. ceaq 21 City of Corpus Christi =I*I o.C0111S C111ST1 ANIMAL CARE SERVICES SECURITY GATE REPAIR ♦4 1! �tw a AtV 9p �., � �_,. -------------------- Rep: sired Security Gate Repaired Gate Motor ceaq 22 City of Corpus Christi ANIMAL CARE SERVICES I .; r s Jil r Shelter Statistics FY 2026 1st Quarter r October 1, 2025 — December 31, 2025 ANIMAL CARE *Animal Care Services Shelter Statistics are posted month) on the CCACS website. P 1' SERVICES FY 2026 1st Quarter INTAKES Intake By Type Total Intakes for FY 2026 1st Quarter • Dog - 430 • Puppy - 157 • Cat - 65 • Kitten - 110 OCTOBER 269 NOVEMBER 221 DECEMBER 302 ■Dog ■Puppy ■Cat ■Kitten ceaq 24 City of Corpus Christi <_,of C0111S C111S11 ANIMAL CARE SERVICES FY 2026 1st Quarter Outcomes Outcome By Type Adoption 316 ■Died 9 Dead on Arrival 1 Euthanized 146 Return To Owner 113 ■Trap Neuter Release 13 ■Transfer 214 ■Space 0 *Includes Canines and Felines 25 City of Corpus Christi ANIMAL CARE SERVICES FY 2026 1st Quarter Live Release Rate Live Release Rate By Month 0.6 0.65 0.7 0.75 0.8 0.85 0.9 ■December November October *Includes Canines and Felines CL 26 City of Corpus Christi ANIMAL CARE SERVICES FY 2026 1st Quarter Average Length of Stay [days in Days in Foster Total Days Shelter Home --Adare Dog 19.20 PAY 16.40 -= 16.8s cat 17.61 ,:4 17.7s Kitten 9.49 2.Gr2 12.12 *Includes Canines and Felines eaq 27 City of Corpus Christi ANIMAL CARE SERVICES FY 2026 1st Quarter Calls for Service STRAY 2,172 Total Field Calls for 10J1J2025 to 12}3�1j20n INVESTIGATION 1,552 BITE 1,257 SSISTANCE 432 RANSFER 307 NEGLECT 52 Initial Calls for Service 3,402 PUBLIC NUSIANCE 46 TotA Calls for Seivioe including follow-up visas 6,019 WILD 45 DEAD 29 OWNED 26 Total Completed Field Calls for 1011 f 2025 to 1213112025 RESCUE 24 INJURED ANIMAL 22 ARRANT 22 PERMIT 11 Initial Calls Completed 3,1,75 SICK 6 Tote)Calls Completed including follow-up visits 5,737 BITE CALL 4 CRUELTY 4 RELOCATE 3 ANIMALANIMAL 2 PROHIBITED ITETE D 2 PROTECTIVE CUSTODY 1 w 28 City of Corpus Christi ANIMAL CARE SERVICES Citations Failure To Obtain Rabies Vaccination 341 Intact Dog Or Cat Over 6 Months 231 Failure To Obtain Current Registration(Microchip) 208 Notice Of Violation 192 Failure To Restrain Animal 114 Notice Of Impoundment 64 Failure To Provide Food/Water/Shelter 54 Sterlization Order 48 Tethered To Stationary Object 35 Public Nuisance 34 Failure To Spay Or Neuter 27 Failure To Quarantine 21 FY 2026 1st Quarter Failure To Provide Vet Care 14 Other Violation 12 Rosters Not 11 Citations Issued Roosters Not Allowed 10 Tethering So Animal.Becomes Entangled 8 Failure To Remove Animal Waste 6 Failure To Maintain Current Registration Information 6 More Than 7 Domestic Fowl 5 Failure To Reclaim Animal After Quarantine 5 Nuisance Feeding Of Animals 4 Spay/Neuter Of An Adopted Animal 3 Unsanitary Conditions 3 Abandonment/Neglect 2 Livestock Not Allow ed(LessThanlAcreOfLand) 2 Unsanitary Area Around Enclosure 2 Failure To Report Bite 1 Total 1463 ANIMAL CARE SERVICES c ow- CITY OF CORPUS CHRISTI ANIMAL CARE SERVICES