The URL can be used to link to this page

Home My WebLink AboutAgenda Packet City Council - 10/25/2011 { � a C lam; da a# €; d � . y4y '�,5,ienf Gs• ��3' f — s g L t 1 � 4 I " s M1 V 11:45 A,M. -- Proclamation declaring November 3, 2011 as"Hammons Education Leadership Programs(HELP) Day" Proclamation declaring the week of October 23—29, 2011 as"2011 Pro Bono Week" Proclamation declaring the month of November 2011 as"Pulmonary Hypertension Awareness Month" Swearing-in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI. REGULAR COUNCIL MEETING CITY HALL- COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRIST[, TEXAS 78401 OCTOBER 25, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.. Si Usted desea dirigirse al Concillo y tree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concillo para ayudarle. I Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to I contact the City Secretary's office (at 369-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Kyle Livingston, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler City Manager Ronald L. 01 son Larry Elizondo, Sr. City Attorney Carlos Valdez a Kevin Kieschnick City Secretary Armando Chapa David Loeb John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting October 25, 2011 Page 2 f E. MINUTES: 1. Approval. of Regular Meeting.of October 18, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting ' of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public i The following items are 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. CONSENT MOTIONS, RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Award of Service Agreement for inspection, cleaning and repair of firefighting_gear. Motion approving a service agreement with Gear Cleaning Solutions, LLC of Dallas, Texas for Inspection, Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI- 0164-11, based on low bid for an estimated annual expenditure of $81 ,164. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve Agenda Regular Council Meeting October 25, 2011 Page 3 month periods subject to the approval of the supplier and the -City Manager or designee. Funds are available in the_ Fire Department in FY 2011-2012. (Attachment # 2) 3. Award of Service Agreement for street sweeping services. Motion approving a service agreement with Sweeping Services of Texas — Operating, LP of Grand Prairie, Texas for street sweeping services in accordance with Bid Invitation No. Bl- 0013-12, based on lowest responsive bid, for an estimated two- year expenditure of $787,054, of which $295,145.25 is budgeted for FY 2011-2012. The term of the agreement shall be for twenty-four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. The service will be administered by the Storm Water Department. (Attachment # 3) 4. Aoorooriation of funds and agreement between Type A Board and Del Mar College to support Procurement Technical Assistance Center. a. Ordinance appropriating $37,500 from the Unreserved Fund Balance in the No. 1140 Business 1 Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by$37,500. (Attachment# 4) b. Resolution , approving the Small Business Incentives Agreement between the Corpus Christi Business and Job ' Development Corporation ("Type A Board") and Del Mar College, which provides a grant of $37,500 for support of the Procurement Technical Assistance Center ("PTAC"); and authorizing the City Manager or designee to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration i of the Small Business Incentives agreement. (Attachment # 4) i i Agenda Regular Council Meeting October 25, 2011 Page 4 5. Adoption of the Timetable for FY2012 Consolidated Annual Action Plan. a. Motion adopting the timetable for the -FY2012 Consolidated Annual Action Plan (CARP) that is the planning and application process for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) (formerly Emergency Shelter Grant), and HOME Investment Partnerships Program (HOME). (Attachment # 5) b. Motion reaffirming City Council Policy No. 9 which consists of Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines. (Attachment # 5) 6. Submission of Continuum of Care grant agplication to U.S. Department of Housing and Urban Development. Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant - and to execute all related documents. (Attachment # 6) 7. Acceptance of 2010 Communi1y Development Block Grant Program grant and appropriation of funds for Avance Inc. ! program. a. Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. (Attachment # 7) b. Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development i Block Grant Program for the Avance, Inc., project. (Attachment # 7) i ' 8. Award of Job Order Construction Contract for Joe Garza i Recreation Center Re-roof. Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of $138,172.27 for Joe Garza Recreation Center Re-Roof. (Attachment# 8) Agenda Regular Council Meeting October 25, 2011 Page 5 9. Code Amendment to adjust fees for taps and connections to the Construction Cost Index. Second- Reading Ordinance -- Amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services," Article XIII "Development Service Fees," by revising the heading and references at Division 4 and at Section 14- 1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; by revising certain fees and charges at Section 14- 1341 ; by revising certain fees and charges at Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by revising certain fees and charges at Section 55-71 "Sewer Tapping Fees"; providing for publication. (First Reading- 10118111) (Attachment# 9) 10. Code Amendment regarding Storm Water guality Management Plans. Second Reading Ordinance -- Amending the Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding storm water quality management plans, pollution control plans, pollution control measures, and small construction site notices; providing for penalties; and providing for publication. (First Reading — 10118111) (Attachment # 10) 1. EXECUTIVE SESSION: 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. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. * Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV-5073-C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, with possible discussion and action in open session. Agenda Regular Council Meeting October 25, 2011 Page 6 * Executive Session under Texas Government Code Section 551 .071 for private consultation with. its attorney regarding City of Corpus Christi TPDES Permit No. WQ0010401006 EPA ID No. TX0047082, TPDES Permit No. WQ0010401005 EPA ID ` No. TX0047066, TPDES Permit No. WQ0010401003 EPA ID No. TX0047074, TPDES Permit No. WQ0010401008 EPA ID No. TX0047104, TPDES Permit No. WQ0010401004 EPA ID No. TX0047058 , and TPDES Permit No. WQ0010401009 EPA 1 ID No. TX0047121, (CN60011858, RN 101610327), with possible discussion and action in open session. * Executive session under Texas Government Code Section 551 .071 regarding Cause No. 2011-DVC-1103-C, J.D. 1 Maldonado at a] vs. City of Corpus Christi, in the 90 District Court, Nueces County, Texas, with possible discussion and action in open session. J. PUBLIC HEARINGS: 11. Amendments to Consolidation Annual Action Plans (CARP) a. Public hearing regarding amendments to each of the following fiscal years' Consolidated Annual Action Plans (CARP) approved by the U.S. Department of Housing and Urban Development (HUD): to change the location and scope of work for a FY05 Community Development Block Grant (CDBG) project for Avance; to cancel a FY08 CDBG- Recovery (CDBG-R) project for CPLIBrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers; to cancel a FY09 HOME Investment Partnerships Program (HOME) project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CARP; and to change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. (Attachment # 11) b. Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY05 Consolidated Annual Action Plan (GAAP) by changing the location and scope of work for a Community Development Block Grant (CDBG) project for Avance; to amend the FY08 CAAP by canceling the CDBG- Recovery (CDBG-R) project for CPLIBrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Agenda Regular Council Meeting October 25, 2011 Page 7 Centers; to amend the FY09 CAAP by canceling a HOME i Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CRAP; to amend the FY09 CAAP by changing the scope of work for a CDBG project for Mary McLeod Bethune Day Nursery, and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. (Attachment # 11) 1 ZONING CASE: 12. Case No. 0811-01 Bruce S. Hawn: A change of zoning from the "RS-6" Single-Family District to the "FR" Farm Rural District, 1 resulting in a closer conformity with the future land use from single-density residential use to a farm rural use. The property to .be rezoned is described as Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, located west of Flour Bluff Drive and north of Glenoak Drive. (Attachment# 12) Planning Commission's and Staffs Recommendations: Approval of the applicant's request for a change in zoning from the "RS-6" Single-Family District to the "FR" Farm Rural District. I ORDINANCE Amending the Unified Development Code, upon application by owner Bruce S. Hawn and wife, Nancy E. Hawn, by changing the UDC zoning map in reference to Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1 , 0.24 acre out of Lot 1, and Flour Bluff and Encinal Farm and Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS-6" Single-Family 6 District to - the "FR" Farm Rural District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive. Plan, providing a repealer clause; providing a penalty; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: Agenda Regular Council Meeting October 25, 2011 Page 8 13. Submission of grant application to fund Park Road 22 Bridge Project Construction. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. +` Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. i; (Attachment # 13) 14. Award of Construction Contract for Cole Park Renovations and Im rovements Shoreline Stabilization Motion authorizing the City Manager or designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas, in the amount of $385,284.56 for the Cole Park Renovations and Improvements for the Base Bid plus Additive Alternates 1, 2 and 3. (BOND 2008) (Attachment# 14) 1 L. FIRST READING ORDINANCES: 15. Amendment to the Comprehensive Plan for the Corpus Christi Beach Area. i First Reading Ordinance - Amending the Comprehensive Plan for the City of Corpus Christi by amending the Port/Airporl/Violet Area Development Plan area boundary to delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to the Corpus Christi Beach Development - Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for an effective date; and providing for publication. (Attachment # 15) Agenda Regular Council Meeting October 25, 2011 Page 9 M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 16. Purchase of play structures and park equipment. Motion approving the purchase of play structures and park equipment from T.F. Harper & Associates LP, of Austin, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood Park. Funding is budgeted and available in the Parks and Recreation 2010 General Obligation (BOND 2008) Capital Improvement Project Fund. (Attachment# 16) 17. Lease purchase of mowing equipment -- tractor and flex-wing cutter. Motion authorizing the lease purchase of one tractor and flex- wing cutter from Lansdowne-Moody Co., L.P., of Houston, Texas, for a total amount of $80,000, of which $18,541.55 is required for the remainder of FY 2011-2012. The award is based on the Cooperative Purchasing Agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funds are available in the Airport Fund in FY 2011-2012. (Attachment # 17) 18. Renewal of Lease Agreements for Juvenile Assessment Center and Municilgal Court Offices at the Wilson Plaza. a. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates LP, for approximately 4,802-square feet at the Wilson Building, 606 N. Carancahua, Suite #105, for $4,802 monthly rental payment, for the Juvenile Assessment Center. (Attachment # 18) b. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson 1 i Agenda Regular Council Meeting October 25, 2011 Page 10 Plaza Associates L.P., for approximately 4,710-square feet at the Wilson Building, 606 N. Carancahua, Suite #113-A for $5,800.45 monthly rental payment to house the City's Mag istration and Detention Center. (Attachment# 18) c. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 5,443-square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house the Municipal Environmental and Juvenile Courts. (Attachment# 18) 19. Service Contract for Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir. Motion authorizing the City Manager or designee to execute a service contract with the Texas Water Development Board for the Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir. (Attachment # 19) -k 20. Approval of Interlocal Agreement with TXDOT for Advance j Funding Agreement for Ayers Street Project. 1 a. Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. (Attachment # 20) b. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street). (Attachment # 20) 21. A roval of Amendment No. 1: Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. i Motion authorizing the City Manager or designee to execute j Amendment No. 1 to the Contract for Professional Services with Agenda Regular Council Meeting October 25, 2011 Page 11 LNV Engineering, Inc. of Corpus Christi, Texas,in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. (Attachment # 21) 22. A_Qproval of Professional Services Contract: Oso Water Reclamation Plant Nutrient Removal Proiect-Peer Review. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $61,551 for the Oso Water Reclamation Plant Nutrient Removal Project -- Peer Review. (CIP-WASTEWATER 02) (Attachment# 22) 23. Award of Construction Contract for the Salt Flats Levee System, Phase 1. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term Improvements). (Attachment # 23) i 24. Approval of Professional Services Contract. for Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. Motion authorizing the City Manager or designee to execute { Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. (Attachment # 24) 25. Award of Multi-Year Contract for Aviation Business Consultant Services. Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L.L.C., for a term of one year, with option to extend.for up to four additional one year terms, for Aviation Business Consultant Services for the Corpus Christi International Airport, with first year cost of $110,000. (Attachment # 25) Agenda Regular Council Meeting October 25, 2011 Page 12 FUTURE PUBLIC HEARINGS: 26. Zoning Case No. 0911-02, Red Ace Saratoga Ltd: A change of zoning from the "CG-2" General Commercial District to "IL" Light Industrial District; located west of the intersection of Saratoga Boulevard and Weber Road. (Attachment # 26) 27. Zoning Case No. 0911-03, Calal_I_en Baptist Church_: A change of zoning from the "RS-6" Single-Family 6 District to "CN-1" i Neighborhood Commercial District; located between Middle Lane and West Buckhorn Street, west of Interstate Highway 37. (Attachment # 27 UPDATES TO CITY COUNCIL: 28. New Broadway Wastewater Treatment Plant (Attachment# 28) 29. Update from Street Maintenance Finance Ad Hoc Committee (To be considered at approximately 1.00 P.M.) (Attachment # 29) N. PUBLIC COMMENT ON NON-AGENDA OR AGENDA I RELATED MATTERS WILL BE HEARD AT l APPROXIMATELY 4:00 P.M., OR AT THE END OF THE, COUNCIL MEETING WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW a ONLY AUTHORIZES THEM TO DO THE FOLLOWING: i. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE j PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting October 25, 2011 Page 13 PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at J Ob p.m., on October 20, 2011. fo ) k Armando Chapa City Secretary 3 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. 1 i I 1 MINUTES City of Corpus Christi, Texas 1 Regular Council Meeting October 18, 2011 - 12:00 p.m. Present: Mayor Pro Tem Priscilla Leal Council Members: City Staff: Chris N, Adler City Manager Ronald L. Olson Larry Elizondo, Sr. (Arrived at 1:30 pm) City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa David Loeb John Marez Nelda Martinez Mark Scott i Absent Mayor Joe Adame Mayor Pro Tem Leal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rabbi Kenneth D. Roseman, Congregation Beth Israel and the Pledge of Allegiance to the United States Flag was led by Council Member Mark Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Pro Tem Leal called for approval of the minutes of the Regular Council meeting of October 11, 2011 and Retreat Minutes of August 16, 2011. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS Mayor Pro Tem Leal referred to Item No. 2 and the following board appointments were made: Corpus Christi Regional Transportation Authority Tony Elizondo Landmark Commission Christina Crouse CONSENT AGENDA Mayor Pro Tem Leal called for consideration of the Consent Agenda(Items 3 - 12). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: _1_ Minutes - Regular Council Meeting October 18, 2011 Page 2 3. MOTION NO. 2011-225 Motion approving a service agreement with All Points Environmental, LLC, of Corpus Christi, Texas for lead-based paint testing, cleaning and clearance services in accordance with Bid Invitation No. BI-0093-11, based on best value foran estimated annual expenditure of$202,565. The term of the service agreement will be for twelve months with an option _. to extend the agreement-for up to two additional-twelve-month periods, subject to the approval of the contractor and the City Manager or designee. The foregoing motion was passed and approved with the following vote:Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 4.a. MOTION NO. 2011-226 Motion authorizing the City Manager or designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 4.b. ORDINANCE NO. 029246 Ordinance appropriating $20,000 from the Office of the Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department in the No. 1061 Police Grants Fund. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. a j 5.a. MOTION NO. 2011-227 Motion authorizing the City Manager or designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. - The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 5.b. ORDINANCE NO. 029247 I Ordinance appropriating$59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police Department. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. —2— Minutes - Regular Council Meeting October 18, 2011 Page 3 6.a. MOTION NO. 2011-228 Motion authorizing the City Manager or designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in-Kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents. - The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. i 6.b. ORDINANCE NO. 029248 Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services(COPS)forfunding available underthe 2011 COPS ' Child Sexual Predator Program with a city in-kind contribution of$10,000 in No. 1061 Police Grants Fund to be used to reduce child endangerment. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye Adame and Elizondo were absent. I 7.a. MOTION NO. 2011-229 Motion authorizing the City Manager or designee to accept a grant in the amount of $94,705.63 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act(VAWA)grant within the Police Department for Year 12 with a city cash match of$47,165.44, in-kind match of$7,200 for a total project cost of$149,071.07 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 7.b. ORDINANCE NO. 029249 Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act(VAWA) fund, transferring $47,165.44 from the No. 1020 Cash contributions to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 8.a. MOTION NO. 2011-230 Motion authorizing the City Manager or designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation(TxDOT)for the Comprehensive Selective Traffic Enforcement Project(STEP)in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of$94,047.10 and to execute all related documents. -3- Minutes - Regular Council Meeting October 18, 2011 Page 4 The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 8.b. ORDINANCE NO. 029250 Ordinance appropriating $90,206.50-from the Texas Department of Transportation (TxDOT)for funding far the Comprehensive Selective Traffic Enforcement Project(STEP) in the No. 1061 Police Grants Fund. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 9. RESOLUTION NO. 029251 Resolution authorizing the City Manager to execute GLO surface lease No. SL201.10014 (TXDOT lease No. L16-178356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right-of-way of Park Road 22 (Gem's & Billings boat ramps parking lot). The foregoing resolution was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott,voting"Aye";Adame and Elizondo were absent. r 10. RESOLUTION NO. 029252 Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation r Administration Grant No. 3-48-0051-047-2011. 1, The foregoing resolution was passed and approved with the following vote: Adler, Kieschnick, Leal, Loeb;Marez, Martinez and Scott,voting"Aye';Adame and Elizondo were absent. 11. ORDINANCE NO. 029253 Repealing Section 23-23, Chapter 23, Code of Ordinances, relating to a fee paid by cosmetology license applicants. (First Reading — 10111111) i The foregoing ordinance was passed and approved on second reading with the following j vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. 12. ORDINANCE NO. 029254 Appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service —4— Minutes - Regular Council Meeting October 18, 2011 Page 5 on Airport Improvements; changing the FY2011-2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. (First Reading — 10111111) The foregoing ordinance was passed and approved on second reading with the following vote: Adler, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame and Elizondo were absent. EXECUTIVE SESSIONS Mayor Pro Tem Leal announced the executive sessions which were listed on the agenda f as follows: Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment,employment,and duties of Municipal Court Judge with possible discussion and action in open session. Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV-5073-C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, with possible discussion and action in open session. The council went into executive session. The council returned from executive session and the following ordinance was passed with the following vote: I. ORDINANCE NO. 029255 Ordinance appointing Patrick J. O'Hare as Municipal Court Judge of the Municipal Court of Records in the City of Corpus Christi, Texas; determining salary; providing a term of office. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. PUBLIC HEARINGS Mayor Pro Tem Leal referred to Item No. 13, Public Hearing on Taxation of Goods in Transit. Constance Sanchez, Interim Director of Finance stated that this item authorizes the City to tax tangible goods in transit beginning in January 2012. A motion was made and seconded to open the public hearing. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Kieschnick, and passed. City Secretary Chapa polled the council for their votes as follows: 13. ORDINANCE NO. 029256 Providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11.253. (First Reading - 10111111) Minutes - Regular Council Meeting October 18, 2011 Page 6 The foregoing ordinance was passed and approved on second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. REGULAR AGENDA Mayor Pro Tem Leal referred to Item No. 14, Approval of 2011 Property Tax Levy. Constance Sanchez, Interim Director of Finance stated that this item is the formal approval of certifying the tax levy. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 14. MOTION NO. 2011-231 Motion approving the 2011 Property Tax Levy of $79,226,309.03 based on the adopted property tax rate of$0.570557 per$100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. Mayor Pro Tem Leal referred to Iters No. 15. Gus Gonzalez, Director of Water Operations stated that this item authorizes a temporary raw water contract for up to 1,000 acre feet with Formosa Plastic Corporation, Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 3 15, ORDINANCE NO. 029257 Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. (First Reading — 10/11/11) The foregoing ordinance was passed and approved on second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. Mayor Pro Tem Leal referred to Item No. 16. Pete Anaya, Director of Engineering stated that this item is for landscaping improvements to Yorktown Boulevard from Staples to Cimarron. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 16.a. ORDINANCE NO. 029258 - Ordinance appropriating $814,025.66 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by$814,025.66. (BOND 2008) An emergency was declared and the foregoing was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. Minutes - Regular Council Meeting October 18, 2011 Page 7 16.b. MOTION NO. 2011-232 Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial of Corpus Christi,Texas, in the amount of$1,097,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. (BOND 2008) The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. Mayor Pro Tem Leal referred to Item No. 17. Pete Anaya, Director of Engineering Services stated that this item relates to upgrading the Resaca Lift Station from 20 million gallons per day to 40 million per day to be compatible with the Broadway Wastewater Treatment Plant. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 17. MOTION NO. 2011-233 Motion authorizing the City Manager or designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of$1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye";Adame and Scott were absent. Mayor Pro Tem Leal referred to Item No. 18, Pete Anaya, Director of Engineering Services 1 stated that this item relates to the continued improvements at the North Beach Promenade. He added that this completes the promenade improvements up to Dolphin Park. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 18. MOTION NO. 2011-234 3 Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension forthe Base Bid plus Additive Alternate No. 2. (BOND 2008) The foregoing motion was passed and approved with the following vote: Adler, Elizondo, 9 g p pp 9 Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Adame and Scott were absent FIRST READING ORDINANCES i Mayor Pro Tem Leal referred to Item No. 19. Miguel Saldana, Senior Planner that this is a a first reading item adjusting the development services fees based on the construction index. He added that this year the increase is approximately 2.8%, which is the lowest in several years. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: Minutes - Regular Council Meeting October 18, 2011 Page 8 19. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services,"Article X111 "Development Service Fees," by revising the heading and references at Division 4 and at Section 14-1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; by revising certain fees and charges at Section 14-1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by revising certain fees and charges at Section 55-71 "Sewer Tapping Fees"; providing for publication. The foregoing ordinance was passed and approved on first reading with'the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Adame and Scott were absent. Mayor Pro Tem Leal referred to Item No. 20. Miguel Saldana; Senior Planner that this is a first reading item relating to an amendment to the Storm Water Quality Management Plan to revise the time framing for inspections, and consistent with TCEQ regulations. Mayor Pro Tem Leal asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 20. FIRST READING ORDINANCE Amending the Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding i storm water quality management plans, pollution control plans, pollution control measures, I and small construction site notices; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame was absent. FUTURE AGENDA AITEIVIS: Mayor Pro Tem Leal referred to the Future Agenda Item section on the agenda. Items 21 - 32. Ms. Leal stated that these items are for informational purposes only and that no action or { public comment will be taken at this time. Staff provided a presentation on the following items: 27- i 32. 21. Motion approving a service agreement with Gear Cleaning Solutions, LLC of Dallas, Texas for Inspection, Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI-0164-11, based on low bid for an estimated annual expenditure of$81,164. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Fire Department in FY 2011-2012. 22. Motion approving a service agreement with Sweeping Services of Texas— Operating, LP of Grand Prairie, Texas for street sweeping services in accordance with Bid Invitation No. BI-0013-12, based on lowest responsive bid, for an estimated two-year expenditure of $787,054, of which$295,145.25 is budgeted for FY 2011-2012. The term of the agreement shall be for twenty-four months with an option to extend for up to two additional twelve I "$ Minutes - Regular Council Meeting October 18, 2011 Page 9 month periods, subject to the approval of the supplier and the City Manager or designee. The service will be administered by the Storm Water Department. 23.a. Ordinance appropriating $37,500 from the Unreserved Fund Balance in the No. 1140 Business 1 Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. 23.b. Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Del Mar College, which provides a grant of$37,500 for support of the Procurement Technical Assistance Center ("PTAC"); and authorizing the City Manager or designee to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives agreement. 24.a. Motion adopting the timetable for the FY2012 Consolidated Annual Action Ian (CARP)that is the planning and application process for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) (formerly Emergency Shelter Grant), and HOME Investment Partnerships Program (HOME). 24.b. Motion reaffirming City Council No. 9 which consists of Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines. I 25. Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. 26.a. Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. a 26.b. Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., project. II' 27. Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of$138,172.27 for Joe Garza Recreation Center Re-Roof. 28. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of$2,500,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. -g- Minutes - Regular Council Meeting October 18, 2011 Page 10 29. Motion authorizing the City Manager or designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi,Texas, in the amount of$385,284.56 for the Cole Park Renovations and Improvements for the Base Bid plus Additive Alternates 1, 2 and 3. (Bond Issue 2008) 30. Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christ,Texas in the amount of$1,303,865.60 for the Base Bid and Additive Alternates 1, 2 and 3 for Aquarius Street. FUTURE PUBLIC HEARINGS: 31.a. Public hearing regarding amendments to each of the following fiscal years' Consolidated Annual Action Plans (CARP) approved by the U.S. Department of Housing and Urban Development (HUD): to change the location and scope of work for a FY05 Community Development Block Grant (CDBG) project for Avance; to cancel a FY08 CDBG-Recovery (CDBG-R)projectfor CPLIBrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers; to cancel a FY09 HOME Investment Partnerships Program (HOME) project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CRAP; and to change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. 31.b. Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY05 Consolidated Annual Action Plan (CARP) by changing the location and scope of work for a Community Development Block Grant (CDBG) project for i Avance; to amend the FY08 CAAP by canceling the CDBG-Recovery(CDBG-R) project for CPLIBrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Centers;to amend the FY09 CAAP by canceling a HOME Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CARP; to amend the FY09 CAAP by changing the scope of work for a CDBG project for Mary McLeod Bethune Day Nursery; and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. 3 32. Zoning Case No. 0811-01, Bruce S. Hawn: A change in Zoning from "RS-6" Single-Family 6 District to "FR" Farm Rural District on property described as Palmros Tract, Block 1, Lot 1A,All en Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff and Encinal Farm &Garden i Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17. UPDATES TO CITY COUNCIL: Mayor Pro Tem Leal referred to Item No. 33, Corpus Christi Regional Transportation Authority(CCRTA)Annual Report, John Valls, Board Chairman, Regional Transportation Authority and Scott Neeley, CEO, Regional Transportation Authority. Mr. Neeley provided the RTA's annual report on key projects and activities including the Service Modes(Fixed Routes-The B, Paratransit-B Line, Harbor Ferry and Vanpool); Ridership increases;discussed the following Recent Initiatives and Activities-Harbor Ferry Service, Rightsizing staff, Sunday Service Additions, Electronic Fareboxes, 25t'Anniversary, Accessibility Policy, APTA Bus Roadeo Champion and APTA Outstanding Board Chair;adoption of Compressed Natural Gas for Fleet;announced the upcoming projects-Continued Bus Stop Improvements, Customer Service and Information Center and Long Range System Plan. -10- I Minutes - Regular Council Meeting October 18, 2011 Page 11 Council Member Scott asked that the City prepare a Commendation for Julian Carranza who was named the Bus Operator Champion and Crystal Lyons as Outstanding Board Member for 2011 for their national recognition by the American Public Transportation Association. Mayor Pro Tem Leal referred to Item No.34,Amendmentto Comprehensive Plan for Corpus Christi Beach Area, Johnny Perales, Assistant City Manager introduced the following presenters, Tom Schmid, CEO Texas State Aquarium; Carry Robertson, Resident; and Rocco Montesano, Executive Director, USS Lexington on the Bay; who jointly provided a presentation including the future land uses, development uses, goals, policies for the redevelopment of Corpus Christi Beach and provided a summary of the following major projects: develop Paradise Pier, reduce street flooding, improve streets and sidewalks next to existing developments, adopt a specific plan for Surfside and Dolphin Parks, renovate public restrooms at both parks, develop public plazas near USS Lexington and Aquarium, and renovate the breakwater next to the Lexington as a new attraction. PUBLIC COMMENT There were no comments from the public. CITY MANAGER COMMENTS City Manager Olson reported that Johnny Perales, Assistant City Manager will retire in January 2012 after 20 years of service. Mr. Olson announced that he intends to appoint Troy Riggs as an Assistant City Manager to be effective in January 2012. He added that over the next several months he will begin a recruitment and selection process for a new Police Chief. There being no further business to come before the Council, Mayor Pro Tem Leal adjourned the Council meeting at 3:00 pm on October 18, 2011. i i i i I 2 1 �tP AGENDA MEMORANDUM o for the City Council Meeting of October 25, 2011 DATE: 10/25/2011 TO: Ronald L. Olson, City Manager FROM. Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com __.. ' 361-826-3169 1 Award of a service agreement: Inspection Cleaning and Repair of Bunker Gear (Bid Invitation No. BI-0164-11) I� 1 CAPTION: RECOMMENDATION: Motion approving a service agreement with Gear Cleaning Solutions, LLC, Dallas, Texas for Inspection Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI-016411, based on low bid for an estimated annual expenditure of $81,164. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Fire Department in FY2011-2012. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department is mandated by State Law to comply with National Fire Protection Association (NFPA) 1851 "Standard on selection care and maintenance of Personal Protective Equipment". This Law was adopted in 2008 and it requires all Texas Fire Departments to Advance Inspect and Advance Clean all firefighting gear annually. This service agreement is established to comply with the law. ALTERNATIVES: The bid submitted by Gear Cleaning Solutions, LLC, Inc. meets all of the City's bid requirements and is also the lowest price received. i OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This service agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY INON-EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Fire Department -15- FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 CIP on! ) Current Year Future Years Line Item Budget $0.00 $160,350.00 $0.00 $—TOTALS Encumbered 1 .00 -Expended Amount $0.00 $0.00 $0.00 $Q.00 1 This item $0.00 $81,164.00 1 $0.00 $81,164.00 j BALANCE t $0.00 $79,186.00 $0.00 $79,186,00 Fund(s). General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager I 1 - - -16– CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI-0164-11 BUYER: GABRIEL MALDONADO INSPECTION CLEANING COUNCIL DATE: 10/25/2011 & REPAIR OF BUNKER GEAR i Gear Cleaning Solutions Linn Total Care The Fire Center Corp. Dallas,Texas Houston,Texas Austin,Texas Extended Extended Qty Unit Price Price Unit Price Price Unit Price Extended Price 1.1 Phase I-Inspection and 113 Each 28.80 3,254.40 28.95 3,271.35 33.50 3,785.50 Cleaning of Turnout Jackets 1.2 Repair of Turnout Jackets 113 Each 50.00 5,650.00 87.50 9,887.50 106.44 12,027.45 i 1.3 Phase I-Inspection and 113 Each 28.80 3,254.40 28.95 3,271.35 33.50 3,785.50 Cleaning of Turnout Pants 1.4 Repair of Turnout Pants 113 Each 50.00 5,650.00 87.50 9,887.50 101.07 11,421.24 2.1 Phase tl-Inspection and 402 Each $28.80 $11,577.60 $28.95 $11,637.90 $33.50 $13,467.00 Cleaning of Turnout Jackets 2.2 Repair of Turnout Jackets 402 Each 50.00 20,100.00 87.50 35,175.00 106.41 42,565.15 Incomplete Bid 2.3 . Phase If-Inspection and 402 Each 28.80 11,577.60 28.95 11,637.90 33.50 13,467.00 Cleaning of Turnout Pants 2.4 Repair of Turnout Pants 402 Each 50.00 20,100.00 87.50 35,175.00 101.41 40,562.83 a Incomplete Bid 81164.00 $119,943.50 $ 141,081.67 ALL OR NONE BID INCOMPLETE BID i i i i i I i -17- I i 3 �, 4�e O 1111 . i �nron� 1852 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 1 DATE: 10/25/2011 3 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361)826-3169 { Mikeb@cctexas.eom 1 jAward of a twenty-four month service agreement for Street Sweeping Services, in accordance with Bid Invitation No.BI-0013-12 CAPTION: Motion approving a service agreement with Sweeping Services of Texas- Operating, LP, Grand Prairie, Texas, for street sweeping services in accordance with Bid Invitation No. BI-0013-12, based on lowest responsible bid, for an estimated two-year expenditure of $787,054, of which $295,145.25 is budgeted for FY 2011-2012. The term of the agreement shall be for twenty-four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager, or designee. The service will be administered by the Storm Water Department. BACKGROUND AND FINDINGS: In continuation with locations historically cleaned, street sweeping services will be performed for the City's state and arterial streets and the Downtown/North Beach area. State and arterial street sweeping will be performed monthly and the Downtown/North Beach area will be cleaned on a weekly basis. In an effort to minimize the pollutants that enter the drainage system, the contractor will ensure effective sweeping by removing floatabie litter, grass, mud, dirt, glass or any other item not permanently attached to the curb. ALTERNATIVES: The bid response received from Sweeping Services of Texas- Operating, LP meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: Pricing was submitted by Coastal Maintenance Concepts and Coastal Sweeping Services, Inc. of Corpus Christi, Texas, however; both companies failed to meet qualification requirements, as specified in the bid invitation. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. 2 i EMERGENCY I NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: f Storm Water i FINANCIAL IMPACT: Proiect to Date { Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $2,214,839.68 $491,908.75 $2,706,748.43 Encumbered 1 Expended Amount 86,857.89 86,857.89 ii This item 295,145.25 491,908.75 787,054.00 BALANCE $1,832,836.54 $0 $1,832,836.54 Funds}: Storm Water Maintenance and Operations Comments: The Storm Water Maintenance and Operations Fund has allocated an annual expenditure of $2,214,839.68 for professional services. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI-0013-12 Bid Tabulation Service Agreement Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —22— 1 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI-0013-12 BUYER-SAVANNAH CRUZ STREET SWEEPING SERVICES DATE:OCTOBER 25,2011 Sweeping Services of Texas Operating,LP Bentex Sweeping,Inc. Grand Prairie,TX CORPUS CHRISTI,TX Unit Extended Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price Price Price 1.1 Street sweeping of 4,819.36 curb mile $62.50 $301,210.00 $116.00 $559,045.76 Downtown/North Beach Area once per week(46.34 curb miles x 104 weeks) 1.2 Street sweeping of State 676.80 curb mile $125.75 $85,107.60 $216.00 $146,188.80 Streets once per month (28.20 curb miles x 24 months) 1.3 Street sweeping of Arterial 4,780.56 curb mile $85.00 $,310,736.40 $216.00 $1,032,600.96 Streets once per month (199.19 curb miles x 24 months) Unscheduled Street 2.1 Sweeping 100 hour $150.00 $15.000.00 $125-00 $12,500.00 2.2 Street sweeping(seal coat 500 hour $150.00 $75.000.00 $125.00 $62,500.00 clean up)associated with Chip/Seal Program $787,054.00 $1,612,835.52 I i i i i 3 �1 -23- STREET SWEEPING SERVICE AGREEMENT Service Agreement No. THIS Street Sweeping Service Agreement (this "Agreement") is entered into by and between (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Street Sweeping Services in response to Bid Invitation No. BI-0013-12 (which includes Specification 1007, dated 09107111) which is incorporated J and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Street Sweeping Services in accordance with Bid Invitation No. BI-0013-12 (which includes Specification 1007, dated 09/07/11). 2. Term. This Agreement is for twenty-four (24) months commencing on and continuing through The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. 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. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages 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 15 days of the City Manager's written request. -24- I y3 C � M 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31S), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI-0013-12 (which includes Specification 1.007, dated 09107111), or the Contractor's bid offer to Bid Invitation No. BI-0013-12 waives any subsequent breach of the same. i 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. I 10. Subcontractors. The 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 Storm Water Contract Administrator. 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. I 1 11. Amendments. This Agreement may be amended only by written Agreement duly i authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0013-12 (which includes Specification 1007, dated 09107111). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period,the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxP�5 r.rnrrling to Circular E Employer's Tax Guide, r" f t Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen(15) days of such request. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. i 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi;Texas 78469-9277 IF TO CONTRACTOR: Contractor Sire ,;�j 01A__k1'5 j t40 Contact Address: 332-w �� a" •�i. l• j City, State, ;ri;! I 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable Iaw, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF ANY OTHER PERSON OR GROUP. INDEMNITEES UNMIXED WITH THE FAI#_T �� .e} '• 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 INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY HIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 20. Course of Dealing. It is expressly agreed that no course of performance, course of dealing or usage of trade shall be relevant or admissible to contradict, supplement, explain, or modify any express provisions of this Agreement or Bid Invitation No. BI-0013-12 (which includes Specification 1007, dated 917111). Furthermore, it is expressly agreed that the City's acceptance of or acquiescence in a course of performance under this Agreement shall not be admissible to modify, waive, supplement or explain the terms of this Agreement, even if the City is aware of a course of performance and has an opportunity to object to it. f SIGNED this 22.e./day of 20�. 3 Contractor .Lr5 i Title: t✓r ��,,, �f- CITY OF CORPUS CHRISTI ("CITY") j Michael Barrera Date Assistant Director of Financial Services APPROVED THIS DAY OF S 20 ! . CARLOS VALDEZ, CITY ATTORNEY By: Brian N z Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI-0013-12 Exhibit B: Bidder's Bid —27— 1 3 i I 1 4 i 0 AGENDA MEMORANDUM for the City Council Meeting of 10/25/11 DATE: 10/3/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy D. Garza, Interim Assistant City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com I Type A Grant for Del Mar College Procurement Technical Assistance Center (PTAC) ' CAPTION: i 1 a. Ordinance appropriating $37,500 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by$37,500. b. Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Del Mar College, which provides a grant of$37,500 for support of the Procurement Technical Assistance Center ("PTAC"); and authorizing the City Manager, or designee, to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives Agreement. i BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with the Corpus Christi Army Depot (COAD) to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for$37,500 to hire a full-time person to help in the PTAC planning room. ALTERNATIVES: OTHER CONSIDERATIONS: —�1— i a CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY/NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Del Mar College Type A Agreement Resolution Agreement between the City and Business and Job Development Corporation 1 FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount JThis item 37,500.00 37,500.00 BALANCE 37,500.00 37,500.00 Fund(s): Comments: This will come out of the Type A fund. RECOMMENDATION: Staff recommends approval of a grant for one year for$37,500 for a full-time position in PTAC's planning room to help small businesses compete for and win government procurement contracts. LIST OF SUPPORTING DOCUMENTS: I Business Incentive Agreement Resolution Agreement between the City and Business and Job Development Corporation - Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of f=inancial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager —32— i Page 1 of 2 Ordinance appropriating $37,500 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $37,500 from the Unreserved Fund Balance in the No. 1140 { Business/Job Development Fund is appropriated for a grant from the Corpus Christi 1 Business and Job Development Corporation Small Business Projects to Del Mar College for the Procurement Technical Assistance Center. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $37,500. I -33- Page 1 of 2 Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and ,lob Development Corporation ("Type A Board") and Del Mar College, which provides a grant of $37,500 for support of the Procurement Technical Assistance Center ("PTAC"); and authorizing the City Manager, or designee, to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives Agreement. 1 { WHEREAS, the Type A Board has budgeted funds to assist small businesses within the City of Corpus Christi, Texas ("City"); WHEREAS, the PTAC assists small businesses within the City by providing information on local bid opportunities with federal, state, and local agencies; and WHEREAS, the Small Business Incentives Project Service Agreement between the City and the Type A Board provides for the implementation and administration of the Small Business Incentives Agreement between the Type A Board and Del Mar College, which provides a grant of$37,500 for support of the PTAC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Small Business Incentives Agreement, which is attached to this Resolution as Exhibit A, between the Type A Board and Del Mar College, which provides a grant of$37,500 for support of the PTAC, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute the Small Business Incentives Project Service Agreement, which is attached to this Resolution as Exhibit B, with the Type A Board for the implementation and administration of the Small Business Incentives Agreement. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: 3 day of2011. L. BriafNarva6 Assistant City Attorney For City Attorney —35— { Page 2 of 2 Corpus Christi, Texas Of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Efzondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott 1 —36— 1Ii 1 i SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was 1, subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; - WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; in consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 9 Small Business Incentive Agreement-Del Mar PTAC 08242011 (4) —37— 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. ' 2. Term. The term of this Agreement is for one year from January 1, 2012, through December 31, 2012. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Grant. a. The Corporation will provide $37,500.00 to Del Mar for its Procurement i Technical Assistance Center ("Center"), to be used for the salary of a full time position in the Center's plan room. b. In order to receive the grant Del Mar must document that the Procurement Technical Assistance Center's business clients located within the City of Corpus Christi has sought to create at least one new job for each $50,000 in contracts awarded by Federal, State, or local agencies, while retaining the jobs of employees employed at the time the bids are submitted, based upon bids submitted with the aid of the Center. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full-time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the contract awarded based upon the bid submitted by the Center's client. d. Del Mar agrees to provide Corporation with a sworn certificates by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. f. Jobs created by a client's subcontractors are considered jobs created by the client. Page 2of9 Small Business Incentive Agreement-Del Mar PTAC 08242011 (4) -38- I - I T 5. Buy Local Provision. ' a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Local Offices. Three members of the staff will be located at Del Mar's Center for Economic Development. i 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the j terms of this Agreement. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written. notice requesting reimbursement. f. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 3 of 9 ,Small Business Incentive Agreement-Del Mar PTAC 08242091 (4) —39— ti 9. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 92. Indemnity. Del Mar covenants to fully indemnify, save, and hold j harmless the Corporation, the City, their respective officers, employees, and agents ("indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees, Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. Page 4of9 Small Business Incentive Agreement-Del Mar PTAC 08242011 (4) -40- b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. 'I f. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 3 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice j ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default, After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that I remains uncured after the Cure Period. I a. Del Mar shall immediately repay all funds paid by Corporation under this j Agreement. I b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del.Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. Page 5 of 9 Small Business Incentive Agreement-bei Mar PTAC 08242011 (4) —41— 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2012-, through December 31, 2012. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less i than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Marto be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Procurement Manager Page 6 of 9 Small Business Incentive Agreement-Del Mar PTAC 08242011 (4) —42— 1 7 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 i b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 1 19. Incorporation of other documents. The Corpus Christi Business and Job 1 Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duty authorized to sign agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a ns do not in any way limit or amplify the terms and part of this Agreement. The captio provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held Page 7of9 small Business incentive Agreement-Dei Mar PTAC 08242011 (4) i —43— illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 26. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to default and the results of uncured default shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Eloy Salazar President Date: Attest: By: Armando Chapa Assistant Secretary - Page 8of9 Small Business Incentive Agreement-bel Mar FTAC 08242011 (4) -44— 3 Del Mar College—Corpus Christ! By: Ad Mark Es amilia President Date: THE STATE OF TEXAS § § COUNTY OF NUECES § a 1 This instrument was acknowledged before me on 2011, by -, , Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. WECA ANN ALANIZbIIC ATE OF ubk TE)(TATE�F TEXASState of Texasmm.Exp.Q7-16lith' 1 i i Page 9 of 9 Small Business Incentive Agreement-Del Mar PTAC 08242011 (4) -45- i f 73 1 E f S I e t i e c i I i 1 5 I� f I s AGENDA MEMORANDUM xss� for the City Council Meeting of October 25, 2011 DATE: 913012011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO cctexas.com 361-826-3234 FROM: Rudy Bentancourt, Interim CD Administrator RudyB@cctexas.com 361-826-3021 Timetable for adoption of FY 2012 Consolidated Annual Action Plan (GAAP) and reaffirm Community Development Block Grant(CDBG) and HOME Investment Partnerships Program (HOME) objectives and guidelines. CAPTION: A. Motion adopting the timetable for the FY2012 Consolidated Annual Action Plan (CARP)that is the planning and application process for the Community Development Block Grant(CDBG), Emergency Solutions Grant (formerly Emergency Shelter Grant), and HOME investment Partnerships Program (HOME). j B. Motion reaffirming City Council Policy No. 9 which consists of the Community Development Block Grant and HOME Program objectives and guidelines. BACKGROUND AND FINDINGS: A- Each year the City Council approves the upcoming Community Planning and Development (CPD) Grant Programs planning and an implementation calendar. The FY2012 CAAP is the application for funding under the CPD formula grant programs administered through the U.S. Department of Housing and Urban Development (HUD)that include the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME). The FY2012 CAAP will initiate the fifth Consolidated Annual Action Plan of the five-year Consolidated Plan. The proposed schedule is enclosed as Attachment"A" and provides a comprehensive list of activities. Key dates are: November 1, 2011 Release Pre-Application form (CDBG, ESG and HOME) November 16, 2011 Deadline to submit the Pre-Application form (Mandatory for CDBG, ESG and HOME Programs) December 5, 2011 Release Full Application (Request for Proposal) for the CDBG, ESG and HOME Programs January 20, 2012 Deadline to submit Full Application (Request for Proposal) April 2, 2012 Forward to City Council FY2012 CAAP books April 17, 2012 City Council Public Hearing— Proposed FY2012 CAAP with Staff Recommendations for Full Applications submitted April 24, 2012 City Council Adoption— FY2012 CAAP —49— Neighborhood, nonprofit and technical assistance meetings will be conducted in November and December. Meeting notices and requests for proposals will be published and mailed to interested organizations. Technical assistance workshops will be mandatory for non-profit and for-profit (in the area of economic development) organizations to attend should they be submitting a request for proposal to the CDBG, ESG and HOME programs. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will also be added to the City's website. B—Over the 36 years of the Community Planning and Development(GPD) Program, the City Council has developed a City Council policy for the CDBG/HOME Programs. In March 1994, this policy was formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG/HOME Programs, staff brings this policy back to City Council for reaffirmation for their continued use. Staff believes that this policy requires updating while allowing for flexibility for programs that have served the Council and the City extremely well over numerous years. 1 Staff recommends that the Council reaffirm the CDBG/HOME Program objectives and guidelines as shown on the Attachment"B". ALTERNATIVES: None OTHER CONSIDERATIONS: None 1 CONFORMITY TO CITY POLICY: Council adoption required to move forward with FY2012 CAAP schedule. Council reaffirmation also required for CDBG and HOME guidelines and objectives. EMERGENCY I NON-EMERGENCY: This item requires one reading and is a non-emergency item. DEPARTMENTAL CLEARANCES: Legal Finance—Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable i Project to Date Expenditures Fiscal Year. 2011-2012 CiP on! ) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments:None —50— 1 a 9 RECOMMENDATION: Staff recommends adoption of timetable and reaffirmation of City Council Policy No. 9. LIST OF SUPPORTING DOCUMENTS: FY2012 CAAP Schedule W CDBG/HOME Program City Council Policy No.9 in Attachment"B" Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget i Oscar R. Martinez, Assistant City Manager i i I 1 i i —51— ATTACHMENT "A" NEIGHBORHOOD'SERVICES DEPARTMENT[COMMUNITY DEVELOPMENT COMMUNITY PLANNING AND DEVELOPMENT (CPD) PROGRAMMING FY2012 CONSOLIDATED ANNUAL ACTION PLAN (CARP) SCHEDULE October 30, 2011 Publish Technical Assistance Workshops/Neighborhood Meeting(s)IPublic Hearings/Deadlines for Pre-Application & Full Applications (Request for Proposals) November & December Preliminary Planning/Technical Assistance Works hopslNeighborhood Meeting(s)/Public Hearing Presentation November 1 Release Pre-Application form (CDBG, ESG and HOME Programs) November 16 Deadline to submit Pre-Application form (Mandatory for CDBG, ESG and HOME Programs) December 5 Release Full Application (Request for Proposal) for the CDBG, ESG and HOME Programs January 20, 2012 Deadline to submit Full Application (Request for Proposal) April 1 Publication of City Council Public Hearing on the Proposed FY2012 CAAP April 2 Forward to City Council FY2012 CAAP books April 17 City Council Public Hearing — Proposed FY2012 CAAP with Staff Recommendations for Full Applications submitted April 24 City Council Adoption — FY2012 CAAP May 2 Submit Final FY2012 CAAP Summary& Proposed Use to Caller-Times May 6 Publication of Final FY2012 CAAP Summary May 7 30 day Citizens' Comment Period begins May 9 Notify Council of Governments of FY2012 CDBG Projects (Executive Order 12372 Requirement) for street infrastructure projects June 6 End of Citizens' Comment Period for FY2012 CAAP June 13 Submit FY2012 CAAP to HUD (Due by June 16) July 15 HUD 15-day comment period — Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds —52— ATTACHMENT "B" { RESOLUTION — MARCH 22, '1994 021901' CITY COUNCIL POLICY NO. 9 Community Development Block Grant and HOME Programs Through the Community Development Block Grant and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. funded CDBG project will be eligible for future CDBG funding for a minimum of e. No individually fun p � g 9 two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Single Family Rehabilitation and Reconstruction Loan Program. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. `Adopting Policies and General Rules and Procedures of the City Council —53— i J ` 3 6 z i i �I 1 1 I i i AGENDA MEMORANDUM aRPOR� ° for the City Council Meeting of October 25, 2011 xss� DATE: 9/30/2011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, Interim CD Administrato RudyB@cctexas.com 361-826-3021 Authorization to submit a grant application to the U.S. Department of Housing and Urban Development in the amount not to exceed $1,452,183 for the "HOME 2011" Continuum of Care Grant. j CAPTION: 1 A. Resolution authorizing the City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount not to exceed $1,452,183 for the"HOME 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. BACKGROUND AND FINDINGS: The City of Corpus Christi and the Homeless Issues Partnership (HIP), Inc. work in partnership addressing the provisions of services to persons that are homeless for the Corpus Christi/Nueces County area. The mission of HIP is to serve as a regional coalition of agencies, individuals and businesses that address and resolve issued related to homelessness in the Coastal Bend though actions, resources and education. The amount being applied for consists of 7 project renewals in the amount of$1,012,724 for the projects of: Charlie's Place ($142,569), Corpus Christi Metro Ministries ($160,255), Goodwill Industries of South Texas ($142,720), Nueces County MHMR ($122,673), The Salvation Army-Families ($181,142), The Salvation Amy- : Singles ($128,394), and Wesley Community Center ($134,971). There is $439,459 available for a new project. Currently there is one new project proposed. The helm of the Continuum of Care (CoC) grant application presides with the City of Corpus Christi. As the Lead Agency, the City of Corpus Christi is responsible for planning and coordinating the CoC process_ This includes coordinating meetings, adhering to certain timetables set forth by the application process, writing the grant narrative, ensuring that each submitted proposal meets the eligibility threshold and submitting the CoC grant application by its due date. As the Fiscal Agent, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each subrecipient to ensure program compliance and all other responsibilities associated with grant administration. It is estimated that the economic impact of the CoC grant application far exceeds $5 million which surpasses the value of the grant itself. Each agency project must provide both a local match (see above table) and additional leveraging funds in order to be considered for the award. The $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in —57— I Corpus Christi. Subsequently, many other agencies operating in the CofG offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. Historically, HUD required the local community to `rank' the need priority of agencies presenting proposals seeking HUD funding, for both new and renewal projects during the CoC grant development process. For the past three years, however, HUD only required that renewal applications be 'approved' or`disapproved'for inclusion, and not ranked. Only new applications had to be ranked in prioritization order. To approveldisapprove applications, the City conducted threshhold reviews of each project applications. If multiple new projects were submitted, the City relied on a prioritization panel -- a group of non-partial local citizens--to determine project suitability and ranking. New projects were ranked as top priority to reap additional points during HUD's review process. Only one new project was proposed this year: a Permanent Housing project for Persons with Disabilities to be administered by Wesley Community Center. City staff recommended approval for all seven renewal projects and the one new project. This recommendation was based on prior year's project performance and outcomes. HIP will continue in its advisory capacity to support the City of Corpus Christi acting as Lead Agency/Fiscal Agent for the CoC. The long-standing relationship and processes established and maintained by HIP and the City of Corpus Christi's Neighborhood Services/Community Development Department will continue, thus allowing for a continuation of homeless services. ALTERNATIVES: None 1 OTHER CONSIDERATIONS: li None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grants, authorize the execution of agreements, and appropriation of funding. EMERGENCY I NON-EMERGENCY: This item requires one reading and according to Article ll, Section 14 of the City Charter is classified as an "emergency° because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTAL CLEARANCES: Legal Finance—Federal Grants and Office of Management and Budget -58- FINANCIAL IMPACT: Revenue I Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget 1 Encumbered 1 Expended Amount 1 . { This item i i BALANCE - Fund(s): Comments-The future funding of the Community Planning and Development grants by the U.S. Department of Housing and Urban Development is contingent on the budget appropriated by Congress on an annual basis, therefore an actual amount approved in future years cannot be predicted. RECOMMENDATION: Staff recommends the authorization of the "HOME 2011" Continuum of Care grant application in the amount of$1,452,183 to HUD for supportive housing program activities for the homeless. i LIST OF SUPPORTING DOCUMENTS: NIA i Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager i 1 i —59- :w Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to submit a grant appli- cation to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor 'f APPROVED: October 3, 2011 c Eliza R. Hundley Assis ant City Attorney for the City Attorney EHres299 COC HUD FYI Home 2911 Grant Subm 20111003 Page 1 of t -60- 1 i Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame i Chris N. Adler Larry Elizondo, Sr. lKevin Kieschnick i Priscilla G. Leal I i David Loeb John E. Marez Nelda Martinez Mark Scott i EHres299 COC HUD FYI home 2011 Grant 5ubm 20111003 Page 2 of 2 —61— f 3 :f 7 I 1 I i S o AGENDA MEMORANDUM xa5� for the City Council Meeting of October 25, 2011 DATE: 9/3012011 TO: Ronald L. Olson, City Manager { THRU: Eddie Ortega, Director of Neighborhood Services EddieD cctexas.com 361-826-3234 FROM: Rudy Bentancourt, Interim CD Administrator RudyB .cctexas.com 361-826-3021 Acceptance of grant award, authorize execution of agreements, and appropriate funding for FY20I0 Consolidated Annual Action Plan (GAAP) _ which consists of Community Development Block Grant project Avance, Inc. (FYI 01 CAPTION: A. Resolution ratifying acceptance by the City Manager or designee of a grant from the U.S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of$175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. B. Ordinance appropriating a grant of$175,828 from the U.S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., project; and declaring an emergency. BACKGROUND AND FINDINGS: On April 4, 2010, City Council approved the FY10 CARP. Within the approved projects was Avance, Inc which was approved for$175,828. The proposed activity for Avance was to construct a new (4000 sq. ft)facility. The Bertha Gonzalez Education Center will provide program services for low income, at risk families. ALTERNATIVES: i 1 None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grants, authorize the execution of agreements, and appropriation of funding. _66_ EMERGENCY I NON-EMERGENCY: This item requires one reading and according to Article 11, Section 14 of the City Charter is classified as an "emergency° because it calls for an "immediate action necessary for the efficient and effective administration of j the city's affairs." h DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget r FINANCIAL IMPACT: Revenue Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item $175,828 NIA $175,828 BALANCE $175,828 NIA $175,828 Fund(s): Comments: Project given a one-time activity funding for its proposed scope of work. Future funding will be determined by a Request for Proposal as required by all agencies requesting funding. RECOMMENDATION; Staff recommends approval of this agenda item. pp g LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —66— r i i F Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development I for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: i SECTION 1. The City Council ratifies acceptance by the City Manager, or his designee, of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of$175,828 and authorizes the execution of all documents necessary for the Avance, Inc., project. 1 ATTEST: CITY OF CORPUS CHRISTI i Armando Chapa Joe Adame City Secretary Mayor APPROVED: October 4, 2011 i 1 Eliz.. h R. Hundley Assis ant City Attorney for the City Attorney i EHres300 CDBG Funding FYI 011 Avance 20111004 Page 1 oft -67- JJ I 1 1 Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: 1 Joe Adame Chris N. Adler Larry Efizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez i Nelda Martinez Mark Scott 1 EHres300 CABG Funding FY1011 Avance 20111004 Page 2 of 2 —68— 1 s . Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avarice, Inc., project; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 'I, A grant in the amount of$175,828 from the U. S. Department of Housing and Urban Development is appropriated in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avarice, Inc., project. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for i immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon firs#reading as an emergency measure on this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: October 4, 2011 Eliza th R. Hundley Assi ant City Attorney for the City Attorney EHord349 CDBG Funding FY1011 Avance 20111004 —69— Page 1 of 2 i Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi j Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. i Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —70— S i �S O 1 v . is51 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 10/18/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 �n Michael Morris, Director of Parks and Recreation { michaelmo@cctexas.com (361) 826-3464 J Award of Job Order Construction Contract 1 Joe Garza Recreation Center Re-Roof a } CAPTION: Motion authorizing the City Manager, or designee, to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of $138,172.27 for the Joe Garza Recreation Center Re-Roof. BACKGROUND AND FINDINGS: The Joe Garza Recreation Center, located at 3204 Highland Ave in central Corpus Christi was built in 1965. In 1985, the center underwent a major renovation and addition. The roof is old and has been in poor condition for a number of years. Extended life, exposure and maintenance issues have deteriorated the roof, and it is in need of complete replacement. This project will address these issues and provide a properly drained, sloped, and wind storm certified roof. The proposed project is necessary to replace the roof at Joe Garza Recreation Center. 1 ALTERNATIVES: i This project was bid with only a Base bid, so there are no alternative bid options to award. 1. The City Council options are to award this contract to the low bidder (Haeber Roofing) or 2. Not award contract. OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction-related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost-effective and timely basis. The JOC Program utilizes an "on-call" general construction contractor on an as-needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects KAENGINEERING DATAEXCNANGE%LYNDAIPARKS%BDND ISSUE 200ME11043-JOE GAR7-4-7 3- ITEM.DDTX as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. Each delivery order is a stand-alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; CDBG Funds; FY 2011-12 Capital Budget, EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: CIP Project to Date Fiscal Year: 2011-2012 Expenditures Current Year Future Years TOTALS CIP only) Budget $0.00 $118,700.00 $0.00 $118.700.00 Encumbered I Expended Amount $0.00 $Q.00 This item $0.00 $138,172.27 $0.00 _$138,172.27 Other Anticipated Expenditures $0.00 $0.00 Balance $0.00 $138,172.27 $0.DO $138,172.27 Fund (s): CDBG Comments: The project will improve existing conditions at the Joe Garza Recreation Center facility. This project was approved by Community Development Block Grants (CDBG) Funds. This project requires 120 calendar days, with anticipated completion approximately March 2012. i RECOMMENDATION: City staff recommends that the contract be awarded to Haeber Roofing of Corpus Christi, Texas, in the amount of$138,172.27. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager _7,4_ MENGINEERNG OATAEXCHANGBVELMAPIPARKS&REMEM43 JOE GAR7A RECREA i iuH CENTER RE-ROOFIAGENOA MEM.00TX I 1 'r 1 PROJECT BUDGET Joe Garza Recreation Center Re-Roof Project No. E11043 October 18, 2011 FUNDS AVAILABLE: CDBG Project Funds............................................................................ $118,700.00 Additional CDBG Funds.................................................................... $23,567.44 $142,267.44 FUNDS REQUIRED: Construction (Haeber Roofing)............................................................... $138,172.27 Engineering Services ............................................................ ............... 3,595.17 Misc. (Printing, Advertising, etc.)............................................................. 500.00 Total................................................................................................ $142,267.44 -75- Fle \Mprgject\ccuncilexhibits\exhE11043.dwg �00 I Vue°es NUBCES BAY coo a U10R1Io � A � a 5 c AC{./2U u..) U ES AG13E5 rt r ,may k§WY 44 0 0 C.11pj.511 Y CORPUSCHRIR B.�L a m INTERNAL AIRPORT s5 g�x y PROJECT ,f Int ON RD. � W.POINT �y LOCA f TIOfr aW H� e h u4ro q�� LOCATION MAP Nor TO SCALE 1 RUTHLl JL $TAFFY i I I _ CHIPPI e PROJECT SITE Joe Garza Recreation Center AVE MORGAN AYE. IAOR 5 g Q SITE PLAN PROJECT#E11043 Nor TO SCALE ^/� /� RECREATION COUNCIL EXHIBIT JOGC V/` RRA RECREATION CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CENTER RE-ROOF PAGE: 1 of 1 _76— DATE: 10-03--2011 a 3 3 3 I 3 i1 9 SII JIII 1 9 i �s k� 0 AGENDA MEMORANDUM F xs5a for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD @cctexas.com (361) 826- 3246 Amendment to Code of Ordinances Chapter 14, Article XIII, Development Services Fees and Chapter 55, Article V, Taps and Connections to adjust the fees in relation to the Construction Cost Index. CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services," Article XIII "Development Services Fees," by revising the heading and references at Division 4 and at Section 14-1341 from "Platting Ordinance Fees,"to "Unified Development Code Fees"; by revising certain fees and charges at Section 14-1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V"Taps and Connections," Section 55-70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by revising certain fees and charges at Section 55-71 "Sewer Tapping Fees'; providing for Severance and publication. BACKGROUND AND FINDINGS: The City of Corpus Christi Unified Development Code, Sections 8.5.1.B.2.c and 8.5.2.D.3 require that various development fees and charges be annually adjusted to reflect the corresponding change in the Construction Cost Index published in the Engineering News Record magazine. This cost index factor is a composite l nationwide factor based on detailed construction cost surveys for 20 major cities throughout the United States. } The published annual change in the composite construction cost index for August, 2011 is +2.8%. - Components of this cost index increase from August, 2010 to August, 2011, include +2.2%for construction labor and +5.6%for construction materials. ALTERNATIVES: No viable alternative as the UDC Sections 8.5.1.5.2 and 8.5.2.D.3 mandates such an amendment. OTHER CONSIDERATIONS: 1 NIA CONFORMITY TO CITY POLICY: The proposed fee amendments are consistent with the Unified Development Code Sections 8.5.1.8.2 and 8.5.2.D.3. EMERGENCY INON-EMERGENCY: Non-Emergency—two readings —79— J i City Council Executive Summary Memorandum Development Services Fees Page 2 DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s)- Comments: None RECOMMENDATION: i Staff recommends approval of the proposed ordinance revising certain fees and charges in the Code of Ordinances, Chapter 14, Article Xlll and Chapter 55, Article V. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager KADEVELOPMENTSVMSPECIAL SERVICESIPLATSICOUNCIL MEMOSIDSD FEE INCREASES CONSTRUCTION INDEX.201 F.00UNCIL EXECUTIVE SUMMARY.DOCX —80— Ordinance amending the Code of Ordinances, City of Corpus Christi j Chapter 14 "Development Services," Article Xill "Development Service Fees," by revising the heading and references at Division 4 and at Section 14-1341 from "Platting Ordinance Fees," to "Unified a Development Code Fees"; by revising certain fees and charges at Section 14-1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by remising certain fees and charges at Section 55-71 "Sewer Tapping Fees"; Providing for severance and publication. WHEREAS, the Corpus Christi Unified Development Code was adopted on July 1, 2011, and the former Platting Ordinance and Zoning Ordinance of the City of Corpus Christi, Texas was repealed, thus necessitating revision to various ordinance headings; WHEREAS, in accordance with the Unified Development Code, Sections 8.5.1..2.c and 8.5.2.D.3., an annual index of development fees and charges is required in accordance with the Construction Cost Index, thus requiring revision to certain fees and charges; WHEREAS, the City Council has determined that these amendments by revision are necessary and proper and best serve the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Amending Chapter 14 "Development Services," Article X111 "Development Service Fees," by revising the heading and references at Division 4 and at Section 14- 1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; and by revising certain fees and charges at Section 14-1341 to read as follows: I Chapter 14 Development Services Article XIII. Development Service Fees DIVISION 4. PLATTING ORDINANCE FEES UNIFIED DEVELOPMENT CODE FEES Sec. 14-1341. Platting ordinaRrae fees Unified Development Code fees. This division sets the amounts of the fees required by the Dlatti;; ordinana Unified Develo ment Code. —81— I 1 Page 2 of 7 TABLE INSET: UNIFIED DEVELOPMENT CODE FEES PLATTINGORDNANCE FEES AMOUNT OF FEE Platting Application Fees Type I or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type I or IA > 5 acres $554.00 Type 11 or IIA < 1 acre $512.00 Type II or IIA 1 >= 5 acres $792.00 { Type 11 or IIA > 5 acres $896.00 a Type III or IIIA < 1 acre $6$5.00 Type III or IIIA 1 >= 5 acres $685.00 Type III or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering rHardship ervices $60.00 eposit for review of deed or surveyor field notes $50.00 variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 J Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $349-89 359.00 Acreage fee for water infrastructure $a;499 88 1439.00 Surcharge for water infrastructure .$0.00 Lot fee for water infrastructure for single-family or duplex $4798 182.00 Acreage fee for water infrastructure for single-family or duplex $699 A9 719.00 Surcharge for water infrastructure for single-family or duplex $236-.90 243.00 `dater distribution line front foot pro rata fee $ 4 10.53 Page 2 of 7 -82— Page 3 of 7 P I I C water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $382.00 393.00 Acreage fee for wastewater infrastructure $ 0 1,571.00 Surcharge for wastewater infrastructure $249:)0 277.00 Collection line front foot pro rata fee $ate 12.18 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 jFront foot pro rata charge $0.00 Request for'lotlacreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs i SECTION 2. Amending Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances by revising certain fees and charges, to read as follows: Chapter 55 Utilities Article V. Taps and Connections Sec. 55-70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (5) Fee schedule, gas: (a) Inside city limits: Page 3of7 —83— Page 4 of 7 TABLE INSET: Gas—Residential, 1 and 2-family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 j Commercial larger than two inch in size Special* Special* l Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request (b) Outside city limits: 1 TABLE INSET: r Gas--Residential, 1 and 2-family dwelling $100.00 $100.00 1 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves =50.DO *To be determined by Gas Division at the time of the request * * * * * (9) Fee schedule, water.- (a) Inside city limits: TABLE INSET: jAl 518 inch x 3!4 inch $50 2A 9 7a $535.31 $43273 $444.85 314 inch $534.73 $549.70 $440: $459.24 Page 4 of 7 —84— Page 5of7 1 inch $67-9.44 $698.16 $594.44 $607.69 Over 1 inch Special* Special* Loops*, minimum $2409 $250.00 $2499 $250.00 Meter moves*, minimum $58-99 $60.00 $x:59 $60.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: 518 inch x 314 inch x:66 $165.15 314 inch $179.54 1 inch Q' $223.38 (c) Outside city limits: TABLE INSET: a _ 518 inch x 314 inch $742.97 $564.73 $577.46 { 314 inch $749.n $761.47 $676 3 $592.88 1 inch $969.44 $995.25 $769.14 $790.58 Over 1 inch Special* Special* Special* Loops*, minimum $374:00 $384.00 $374.09 $384.00 Meter moves*, minimum $39-99 $91.00 $39 99 $91.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Page 5 of 7 —85— I f Page 6 of 7 1 TABLE INSET: 518 inch x 3/4 inch 5 $165.19 314 inch . $179.54 1 inch $247-49 $223.38 SECTION 3. Amending Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-71 "Sewer tapping fees," of the Code of Ordinances by revising certain fees and charges, to read as follows: Chapter 55 Utilities Article V. Taps and Connections Sec. 55-71. Sewer tapping fees. (b) House service line tap charge: (2) House sewer connections to be constructed in easements shall be charged ata rate of eight hundred fedy-Rkie seventy-three dollars ($848-9e 873.00 except as otherwise herein provided. (3) House service connections to be constructed in streets shall l be charged at a rate of one thousand three hundred fGgy-seveff eighty-five dollars ($ B 1,385.00. ) except as otherwise herein provided. it #' (5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of one hundred eight eleven dollars ($1-A8 04111 A0). This fee is to cover the cost of recording and inspecting the sewer tap. SECTION 4. If for any reason any section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this article or the technical construction codes, for it is the definite intent of this City Council that every section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase hereof be given full force and effect for its purpose. Page 6 of 7 —86— i Page 7 of 7 11 SECTION 3. Publication of this ordinance 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, Texas, That the foregoing ordinance was read for the first time and passed to its second reading on this the day"of , 2011, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez E Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott I Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this 1 the day of , 2011, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal APPROVED AND PASSED on this day of , 2011. 1 ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor APP OVED AS TO FORM: This 29th day of September, 2011 �� i�'ry 4 Borah W. ro Assistant to A Attorney For City Attorney Page 7 of 7 �83— 1 4 i i s 3 1 i 10 O y°xFOR s � AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/3/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826-3246 Amendment to Article X, Chapter 14, City Code of Ordinances regarding Storm Water Quality Management Plan CAPTION: Amending the Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding Storm Water Quality Management Plans, pollution Control Plans, Pollution Control Measures, and Small Construction Site Notices; providing for penalties; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Changes in the attached proposed ordinance are a result of a request by the Corpus Christi Home Builders' Association (CCHBA) after TCEQ and the Storm Water Department conducted a training session for its members in 2010. Besides numbering and grammatical changes,the key change to the ordinance involves inspection frequency for construction sites. Revisions to the ordinance provide the responsible party at the construction site greater flexibility in choosing an inspection frequency and in aligning the City of Corpus Christi requirement with those of the TCEQ. ALTERNATIVES: No action on the proposed amendment will not allow the developers the flexibility in their development. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed amendment is consistent with Storm Water policies and TCEQ regulations. EMERGENCY I NDN-EMERGENCY: i Non-Emergency—2 readings DEPARTMENTAL CLEARANCES: Storm Water Department is in agreement with proposed changes. —91— { jCity Council Executive Memorandum 1 Amendment to Article X,Chapter 14 Page 2 of 2 FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP on! Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments:N/A RECOMMENDATION: On September 28, 2011, the Planning Commission and Staff recommended approval of the proposed amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Jay Reining, First Assistant to the City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager 's i I K:IDEVELOPMENTSVCSSSPEMAL SER VIC€SIPLATSISTORM W ATERIAMENCMENTSIARTICLE X CHAPTER 14M282011.D0CX _92_ Page 1 of 11 ORDINANCE AMENDING THE ARTICLE X, CHAPTER 14, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING STORM WATER QUALITY MANAGEMENT PLANS, POLLUTION CONTROL PLANS, POLLUTION CONTROL MEASURES, AND SMALL CONSTRUCTION SITE NOTICES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 14-1002 is amended by revising the definitions of "pollution control plan, receiving waters, responsible parry," and "storm water quality management plan," to read as follows: "Sec. 14-1002. Definitions. "For the purposes of this article, the following terms have the meanings ascribed to them in this section, unless the context clearly indicates otherwise: "Pollution control plan means a site plan that contains the following 1 information: "a. The outline of the site. "b. A delineation of the area of the site that will be disturbed by construction activities. "c. The direction of flow of storm water drainage entering and leaving the site. If the drag drainage pattern will be altered, both the i existing drainage patterns and proposed drainage patterns must be jshown. "d`A description and location of any existing drainage structures on the site and any drainage structures that will be constructed on the site. "eeA description of how any run-on storm water will be handled, including sheet flow entering the site from adjoining property. "ffA description and the location of any environmentally sensitive area that is located on the site or adjoins the site, which will receive storm water directly from the site• Article X Chapter 14.Ordinance -93- Page 2 of 11 "g,_The boundary line between the site and an adjoining{ rY y �olnmg state owned submerged land. A preliminary boundary line may be used in a pollution control plan submitted with a preliminary plat. The pollution control pian must be amended prior to filing of a final plat, once a final boundary determination has been approved by the general land office, to reflect any difference between the ! preliminary boundary line and the approved boundary lime. ! "h. The location of any FEMA Flood Insurance Rate Map 100-Year Floodplain Boundaries, Floodway Boundaries or FEMA Velocity Zone Boundaries that encroach on the site. Preliminary boundaries may be used in the pollution control plan submitted with a preliminary plat. The pollution control plan must be amended to reflect any difference between the preliminary boundaries and the 1 boundaries shown on the final plat. 1. A description and the location of all temporary control measures 7 that will be implemented and installed during construction to control I erosion, sedimentation, and the discharge of pollution into the city's municipal separate storm sewer system. "` The permanent control _ L P measures that will be constructed to i control erosion, sedimentation, and the discharge of pollutants into the city's municipal separate storm sewer system after completion a of construction. "Receiving wafers means Corpus Christi Bay, Nueces Bay, Oso Bay, Inner Harbor. Laguna Madre, Nueces River, Oso Creek, West Oso Creek, Petronilla Creek, and the Gulf of Mexico. The term includes perennial and intermittent streams that are natural tributaries to those waters, but does not include manmade drainage structures. "Responsible party means the owner, occupant, developer, builder, or general contractor who has operational control over the site specification (including the ability to make modifications in specifications), or who has operational control over day to day activities at the site and is able to ensure compliance with plan requirements and permit conditions (e.g., a person who is authorized to direct the conduct of workers at the site). Any person who has filed a notice of intent (NOI)with EPA or TCEQ or posted a Small Construction Site Notice is presumed to be a responsible party under this article until the person has filed a notice of termination (NOT) with EPA or TCEQ or removed a Small Construction Site Notice and sent the director of developmental services a copy of the NOT or Small Construction Site Notice with removal date. Article X Chapter 14.Ordinance —94— Page 3 of 11 "Storm water quality management plan means a preliminary engineering 1 report and analysis that provides: 1 "a_A brief description of the project, with maps showing the area covered by the plan. t. The land use assumptions used. Generally, the most impactive land use allowed under the current zoning, any changes in the zoning being proposed, or the applicable area development plan should be assumed. However, a less impactive land use may be used if an application is submitted to rezone the tract to a less impactive land use or the highest use allowed under the current zoning is less than the use designated in the area development i Plan. 1 "c_Hydraulic calculations based upon established procedures 1 (such as the rational method). I'd. An on-site drainage plan, which details the direction of flow and collection structures, including the size and required capacity of the drainage structures. "e_The on-site drainage plan should address how run-on storm ! water will be handled, including sheet flow entering the site from i adjoining property. 'If. Demonstrations of the conformance with existing master plan drainage and/or the need to master plan amendment for both on- site and off-site improvements. In the absence of a request for rezoning, the most impactive land use allowed under the current or proposed zoning will be assumed. Delineation of the route of runoff to ultimate outfall. This information will be used to determine the ultimate capacity for water quality treatment at an ultimate outfall station. "h_Identification of any environmentally sensitive area that is on the site, or that would be sensitive to storm water pollution from the site. Areas of investigation should include, but are not limited to, water supply sources, recreational waters, wetlands, barrier island dunes, and other sensitive ecological systems." Article X Chapter 14.Ordinance -95- Page 4 of 11 SECTION 2. Section 14-1004(b) is revised to read as follows: "Sec. 14-1004. Special land use requirements. t "(b) The owner of a site within the city that is currently being used for one of the activities described in subsection (a) of this section is not required to physically after-alter the existing facility to comply with this section, unless alterations or repairs to the facility require the facility to be brought into compliance with the current technical construction codes requirements under section 14-211(c) of this Code." t SECTION 3. Section 14-1005(a)(1)b. and c. (a)(2) are revised to read as follows: "Sec. 14-1005. Planning requirements for site development during construction. "(a) Development of sites one (1) acre or more. "(1) An NPDES or TPDES storm water pollution prevention plan is currently required by EPA or TCEQ for all construction projects where one (1) or more acres will be disturbed during development. Developments of sites that disturb one (1) acre or more within the city's jurisdiction must prepare an NPDES or TPDES storm water pollution prevention plan that satisfies EPA or TCEQ regulations and the NPDES or TPDES construction general permit. A copy of any notice of intent (NOI) provided to EPA or TCEQ or Construction Site Notice that was Posted must be provided to the director of developmental services. Approval of the elements of the NPDES or TPDES storm water pollution prevention plan is not required by the director of developmental services. However, the director of developmental services or building official may require correction of any deficiencies in the NPDES or TPDES storm water pollution prevention pian, and may require additional measures in order to meet the requirements of section 14-1006, pollution control measures. "c. A copy of any notice of termination (NOT) submitted to EPA or TCEQ or any Small Construction Site Notice that was removed_ must be provided to the director of developmental services." Article X Chapter 14.Ordinance —96— Page 5 of 11 "(2) Unless the site is a single-lot, single-family residential construction that is not part of a larger development that reguires an NPDES or TPDES eermit,�#-if the site is one (1) acre or more, but less than one (1) acre and more than one-quarter (114) acre will be disturbed, an NPDES or TPDES storm water pollution prevention plan is not required, but a pollution control plan, as defined in section 14-1002, is required, wRless +he site In �ingle let, single-family residential reRstFu9eF; that is Rat paFt of raef dnirninmmBnt that rRquimn an AIC]hG'C` nr-f•QDQS normif. i SECTION 4. Section 14-1006 is revised to read as follows: t "Sec. 14-1006. Pollution control measures. i "The responsible party of any construction site within the city shall implement measures necessary to control erosion, sedimentation, debris, and storm water pollution. The responsible party is responsible for the maintenance and performance of the temporary pollution control measures until permanent j measures are in place. The pollution controls are designed to be selected by the developer based on the most cost effective and appropriate means to provide the required controls. In instances where a specific pollution problem is not present, controls are not required. Suggested best management practices are detailed in Section 4 of the Storm Water Management Guidance Document for Development Planning and Construction Activities. "�a3- Temporary pollution control measures (during-construction). This paragraph provides examples of temporary pollution control measures that can be used to control erosion and sedimentation. _Structural control of soil erosion. " -1=Silt fences should-May be utilized, where necessary, to retain the sediments from disturbed areas within the site and decrease the velocity of sheet flows. [BMP 4.2.1.1 Filter Fabric Fence] 'U.-2. Straw bales she+ f-ma.v be utilized, where necessary, to retain sediments from disturbed areas within the site and decrease the velocity of sheet flows. Straw bales are particularly useful in paved areas where silt fences cannot be erected. [BMP 4.2.2.1 Straw Bale Fence] "e—. 3. Stabilized construction entrances should be designed to reduce the amount of soil tracked off the construction site by vehicles leaving the site. A stabilized construction entrance should be utilized, if necessary, to control tracking. The responsible party should ensure that vehicles entering Article X Chapter 1 4.Ordinance -97-. Page 6of11 and leaving the construction site use the stabilized construction entrance. The owner or operator of a vehicle entering or leaving a construction site may not track soil off the construction site unless the operator uses the stabilized construction entrance. [BMP 4.7.1 Stabilized Access Roads and Parking Areas] ".4=4. Vegetative buffer strips, of appropriate size should be maintained, where necessary and practical, to aid in reducing the velocity of storm water and in trapping sediments in the storm water leaving the site. A vegetative buffer will usually suffice as a structural control until final stabilization is accomplished. [BMP 4.2.5 Vegetative Buffer Strips] "e—. 5. Inlet protection barriers must be installed around all inlets until the area immediately surrounding the inlet is paved or stabilized. [BMP 4.5.1.1 Inlet Protection Barriers] "{2}b_Waste controls. Waste disposal must be accompanied in a manner so that no solid wastes, including building materials, hazardous substances, oil, or packaging leave the site, except for disposal at an appropriate, approved solid waste management facility, in conformance with the.Texas Solid Waste Disposal Act. To the extent practicable, no solid waste, including building materials, hazardous substances, or oil may be allowed to enter the i city's municipal separate storm sewer system, the city's streets, or the navigable waters of the United States. Building materials include, but are not limited to, uncovered stockpiles of soil, sand, dry cement, lumber, bricks, or other products used in construction. The prime contractor, who is issued the building permit, is responsible for the conduct of all subcontractors with regards to disposal of wastes generates by the construction activities at the site. "(&}c. Dust control. Dust control should be provided at whatever frequency required. "(4}d. Hazardous material storage. Chemicals, paints, solvents, fertilizers, and other toxic materials must be stored in waterproof containers. Except during applications, the contents must be kept in trucks or in storage facilities. Runoff containing such materials shall be collected, removed from the site, and disposed of at an approved solid waste or chemical disposal facility. Concrete trucks. The responsible party may not allow the owner or operator of a concrete truck to wash out or discharge Article X Chapter 14.Qrdinance —98— Page 7 of 11 surplus concrete or drum wash water at a construction site, unless the surplus concrete or drum wash water in concrete trucks is discharged at a facility on the construction site that will retain all concrete wash waters or leachates, including any wash waters or leachates mixed with storm water. Concrete wash waters and leachates may not be allowed to enter the municipal separate storm sewer system, city streets, the waters of the United States, or ground waters. "Wf_The responsible party may adopt alternative procedures, such as regularly scheduled street cleaning in the immediate vicinity of the construction site, instead of adopting temporary structural controls for erosion under subsection (a)(1) of this section. If alternative procedures will be used, the responsible party shall include those provisions in its NPDES or TPDES storm water pollution prevention plan, pollution control plan, or the plans submitted for a building permit, if an NPDES or TPDES storm water pollution prevention pian or pollution control plan is not required. "(b)-JLPermanent pollution control measures (post-construction). "0+.a_Permanent stabilization must be applied to all unpaved 1 areas that have reached final grade or those areas that will not be disturbed within the next forty-five (45) days. Permanent stabilization consists of sodding, seeding, or mulching with a seed bearing hay that will provide for new growth within a three-month period. New vegetative ground cover must be maintained by watering, re-grading, reseeding, sodding, as necessary, until # seventy (70) per cent growth coverage is obtained. [See Guidance I Document BMP 4.2.4.1 Seeding with Mulching] "a--1 Acceptance of improvement by the city can occur before the permanent stabilization coverage requirement is met, if the developer agrees to maintain the stabilization until coverage is achieved and all other permanent measures are complete. 13-.-2. Once permanent stabilization has been achieved, the responsible party may notify the director of developmental services that permanent stabilization has been achieved. "e--3_After inspection of the site by a city inspector, the director of developmental services will send the responsible party written confirmation that permanent stabilization has been achieved. Article X Chapter 14.Ordinance -99- Page 8 of 11 "W!L_Erosion control structures must be provided where necessary to control erosive velocities in unlined channels or swales leaving the site. [See Guidance Document BMP 4.1.3.1 Pipe Slope Drain and BMP 4.1.4.1 Paved Flume] "(3)-__Sediment traps must be provided on the site, as necessary, to control sedimentation from concentrated storm water discharges into an environmentally sensitive area. Individual assessments must be made on a site specific basis. However, a rock rubble low berm must be installed around an outfall that discharges directly into an environmentally sensitive area, unless this requirement is waived by the director of developmental services because the responsible party has installed another type of sediment trap that provides equal or better protection. [See Guidance Document BMP 4.3.2.1 Stone Outlet Sediment Trap and BMP 4.3.2.2 Excavated Earth Outlet Sediment Trap] "(4)-d_Stenciling, metal plates anchored in concrete inlets, precast manhole covers, wording stamped in concrete, or other acceptable form of signing must be provided on top of any storm sewer inlets. [See Guidance Document BMP 4.9.15 Inlet Stenciling] "(e�-LLScheduling of control measures. Pollution control measures must be implemented in a sequence that will provide maximum storm water pollution control based on the following principles: "4�aa.Down slope and side slopes perimeter controls must be installed before land disturbing activity occurs. i "(2}b. The responsible parry shall not disturb the site until the responsible party is ready for construction to proceed. Efforts to provide cover or stabilize disturbed areas must occur as soon as possible, "(4)-d_Construction of infiltration measures must be delayed until the end of the construction project when upstream drainage areas have been stabilized. "(5ye_Temporary perimeter controls may not be removed until all upstream areas are finally stabilized. "(d}-jLInspection of pollution control measures. The responsible party shall inspect all pollution control measure eyeN fourteen 14 calendar days and within twenty-four (24) hours following a rainfall of 0.5 inches or greater, at the site;. As an alternative, pollution control measures may be inspected every seven (7) calendar days. The inspections must occur on a specifically defined da re ardless of Artfcfe X Chapter 14.Ordinance -100- Page 9 of 11 whether or not there has been a rainfall event since the previous Inspection. The responsible party shall and maintain a record of each inspection, which shall be made available for inspection by a representative of the city during normal business hours. °(e}-51VIaintenance of pollution control measures. "4}a�The responsible party shall maintain and ensure adequate performance of the temporary pollution control measures until permanent pollution control measures are in place. .,,Whenever the temporary or permanent pollution control measures do not to keep soil, sediment, and debris on the construction site, such as excessive tracking of dirt offsite by vehicles and runoff of sediments from the site over sidewalks and i` into the streets and gutters, etc., the responsible party shall removed the soil, sediment, and debris from streets, sidewalks, and inlets, as necessary, return the soil and sediment to the areas to be 3 stabilized, and properly dispose of the debris. 1 "(3}c. The owner or person in control of site is responsible for the maintenance of any permanent pollutions control measures located on the site, unless the owner has dedicated the permanent pollution 1 control measure to the city and has provided the city with any easements necessary to allow access to the permanent pollution control measure and to conduct of any required maintenance activities. "#YL5 ,Maintenance agreements between a responsible parry and city. "O-}-ailf all permanent pollution control measures, other than the required stabilization, are complete, a responsible party may provide a maintenance agreement for the required stabilization. This agreement may allow the responsible party to receive acceptance of improvements by the city and allow the filing of the final plats. "(2}L-The maintenance agreement must be submitted with the engineer's certification of infrastructure completion. The director of developmental services will execute the agreement at the time of acceptance of the public improvement, subject to any terms and conditions set out in the agreement. 'Pc. If a change in ownership occurs during the period when temporary measures are still in place, the maintenance agreement between the city and the responsible party, who entered into the agreement, will remain in force until: Article X Chapter 14.0rdinance —101— Page 10 of 11 a "a-1—Such time as either all permanent pollution control 1 measures are in place (stabilization at seventy (70) per cent coverage). "bi-22A new responsible party has entered into an agreement with the city to assume the prior responsible party's responsibilities under the agreement with the city. "e-3. A new owner acquires the tract with notice of the requirements of the maintenance agreement and agrees to assume the liabilities and responsibilities under the agreement of the responsible party, who entered into the { agreement with the city, at which time the new owner J becomes responsible for the maintenance of the portion of the site to which the new owner has title. "{4}-d=The original responsible party, who entered into the maintenance agreement with the city, remains responsible for the balance of the site under the terms of the original agreement for maintenance. "{fie. Once the responsible party has satisfied all terms and conditions of the maintenance agreement, including permanent stabilization, the responsible party shall notify the director of developmental services. "(§)-f_After inspection of the site by a city inspector, the director of developmental services will send the responsible party written mat confirmation that the responsible party has complied with the agreement and the agreement is terminated." SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 6. if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this 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 of this ordinance be given full force and effect for its purpose. SECTION 7. 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. Article X Chapter 1 4.Ordinance —102— j Page 11 of 11 i J That the foregoing ordinance was read for the first time and passed to its second { reading on this the day of , 2011, by the following vote: f That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez i Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez ' Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of , 2011: R. Jay Reining First Assistant City Attorney For City Attorney Article X Chapter 14.0rdinance —103- 1 11 .. 1 1 a 1 1 S 0 °x OR AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO(cD-cctexas.com 361-826-3234 3 THRU: Rudy Bentancourt, Interim CD Administrator RudyB@cctexas.com 361-826-3021 Public hearing regarding "Substantial Amendments" to CARP: FY05, FY08, and FY09 and Motion to amend each project A. Public hearing to receive public comments regarding amendments to each of the following fiscal years' Consolidated Annual Action Plan (CARP) approved by the U. S. Department of Housing and Urban Development (HUD): to change the location and scope of work for a FY05 Community Development Block i Grant (CDBG) project for Avance;to cancel a FY08 CDBG-Recovery(CDBG-R) project for CPL/BrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers;to cancel a FY09 HOME Investment Partnerships Program (HOME) project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CARP; and to change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. B. Motion to authorize the City Manager or designee, following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD),to amend the FY05 Consolidated Annual Action Plan (CAAP) by changing the location and scope of work for a Community Development Block Grant (CDBG) project for Avance;to amend the FY08 CAAP by canceling the CDBG- Recovery (CDBG-R) project for CPL/BrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Centers;to amend the FY09 CAAP by canceling a HOME Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CAAP;to amend the FY09 CAAP by changing the scope of work for a CDBG project for Mary McLeod Bethune Day Nursery; and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. -107- BACKGROUND AND FINDINGS: Per HUD and the City of Corpus Christi's (City) 5 year Consolidated Annual Action Plan(CARP), Substantial Amendments are required to amend each CARP which will trigger a comment period once motion is approved. A"Substantial Change"is defined by the City to be: 1). A proposed new activity which cannot reasonably be construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project; or 2). An activity that was identified in the adopted application,but which subsequently is proposed to be deleted; or 3).An activity that is proposed to be altered in terms of its purpose, scope,location, or beneficiaries to such an extent that it can no longer reasonably be construed as the activity reviewed by the public and approved by the City Council. FY05-Avance, Inc. received CDBG funding for the new construction of a building located at 2822 Nogales. Amendments followed to the original project included changes to the location. The final change to the location is 601 12th Street. This project will combine FY05 ($100,000) and FY 10 CDBG($175,828) funds in the amount of$275,828 to complete the new construction project. FY08-CPL/BrightBiz Direct Energy received CDBG-Recovery funds to retrofit buildings to increase energy efficiency of small non-profit companies. CPL could not agree to some of the federal requirements in the City's agreements and CPL chose to not pursue award for funds. Partial funding, in the amount of$35,984.07,will be reallocated to FY08 CDBG-R Council approved project Neighborhood Centers of Corpus Christi for the completion of the project. FY09-Nueces County MHMR received HOME fiords to replace roof,refurbish fascia boards and paint exterior of Pathway Building which provides for transitional housing for NCM MR clients. Program design and :activities.,carried.,.out=at-the-Pathways-Faciiit3 o-nflt fall-wi n-the�defmiti-en-ef--T-r=arisiti,anal Hods .- requixed by the U.S. Department of Housing and Urban Development(HUD) HOME Investment Partnerships Program. Project will be deleted from FY09 CAAP and FY09 HOME funding in the amount of$31,300 will be reprogrammed into FY12 HOME CAAP. FY09-Mary McLeod Bethune Day Nursery received CDBG funds to remove old,rotting prefabricated Building "C"from site and build new Building"C". Due to funding limitations,scope of work has changed to include the re-roofing and insulating roof for better performance and energy efficiency of Building"A". Funding used for this project is $75,000. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to amend each project is required for the completion of projects. EMERGENCY/NON-EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Chatter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." —108— i DEPARTMENTAL CLEARANCES: i Legal Finance— Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expanded Amount This item $242,284.07 NIA $242,284.07 BALANCE $242,284.07 NIA $242,284.07 Funds): f Comments:Proposed project amendments have already gone-to City.Council-for approval-and appropriations.- CDBG-Avance is requiring change of location and scope of work; CDBG-R-CPUBrightBiz project has been removed and remaining funds will be transferred to approved project Neighborhood Centers of Corpus Christi; CDBG-Mary McLeod Bethune Day Nursery is requiring a change in scope of work; and HOME-NCMHMR has i been removed due to ineligibility and funds will be reallocated to-FY2092 CARP. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: NIA Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —109— i 12 { AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Director of Development Services 4) SteP henD*cctexas.com t 361-826-3246 PUBLIC HEARING—CHANGE OF ZONING FEROM -6" SINGLE-FAMILY 6 DISTRICT TO "FR" FARM RURAL DISTRICT AS EQUESTED BY THE PROPERTY OWNER, BRUCE S. HAWN (Case No. 0811-01) CAPTION; Ordinance amending the Unified Development Code, upon application by Owner Bruce S. Hawn and wife Nancy E. HaWrf,-byc1 ng'ing tIw UDC'z-Oriing-map in-reference to-Pala-ir697`rr90t;-Block-1,-bot,1A,-Allen-Tract,--Block1 0:24- _ acre out of Lot 1, and Flour Bluff & Encinal Farm &Garden Tracts, Section 40, 8,23 acres out of Lots 15, 16, 17, from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty;providing for publication and declaring an emergency. BACKGROUND AND FINDINGS: The purpose of the "FR" Farm Rural District is to more accurately reflect and allow the continued use of the property for residential, farm and agricultural purposes. The Comprehensive Plan and the Flour Bluff Area i Development Plan (ADP) slates the subject property as a mixed use including farm-rural and single-family residential. The Comprehensive Plan and Flour Bluff ADP both encourage continued development including equestrian, farm-rural, and residential uses for this area of the Flour Bluff peninsula. With the subject property located approximately 1,000 feet from a primary touch and go runway for Waldron Field and well within an APZ-1 (Accident Potential Zone -1) staff supports the owners request to re-zone this property to a lesser density. This rezoning would reduce the potential for future residential development and minimize the possibility for loss of life due to aircraft accidents. A ALTERNATIVES: 1. Denial of the request to modify or change the current zoning "RS 6' Single Family District. OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: The proposed change in zoning is consistent with both the Flour Bluff ADP and adopted Future Land Use Map of the Comprehensive Plan. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable I —113— City Council Executive Summary Memorandum Bruce S. Hawn(Case No.0811-01) Page 2 Project to Date Expenditures Fiscal Year: 2011-2012 CIP on! Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): RECOMMENDATION: On August 31, 2011, the Planning Commission and Staff recommended approval of the change of zoning to the_"FW-Farts Rural-District:---- .-----:---_— ------- _. —_--_ . ---,. - - i LIST OF SUPPORTING DOCUMENTS: • ohirig Report 0 Ordinance c: -,--Deborah rown, Assistantti y A omey Rudy D. Garza, Assistant City Mana9er Eddie Houlihan, Assistant Director of Management and Budget i K:U)EVELOPNfENTSVCSISHAREb1l.PLANNING COMMISSION1201I CCISEPT 201110811-01 BRUCE S.RAWNSCOUNCQ.ACTION ITEM 0811-01 BRUCE S.HAWN.DOCX –114– 1 ZONING REPORT Case No.: 0811-01 Planning Commission Hearing Date: August 31, 2011 Applicant:Bruce S.Hawn Owner: Bruce S.Hawn a Representative:Bruce S.Hawn • Legal Description/Location:Palmros Tract,Lot IA,Block 1,0.24 acre out of Lot 1 Block 1, Cka Allen Tract, and 8.23 acres from the remaining portions of Lots 15, 16,& 17, Section 40,Flour A Bluff&Encinal Farm&Garden Tracts located, west of Flour Bluff Drive and north of Glenoak Drive. From: "RS-6" Single-Family 6 District tu w To: "FR"Farm Rural District Area: 10.67 Acres N Purpose of Request: To allow for the continued use of the property as farm&agricultural purposes. Existing Zoning District Existing Land Use Future Land Use Low Density Site "RS-6" Single-family 6 Residential Agricultural/Rural - - Low 15ensity Low density ` A North "RS-6" Single-Family 6 Residential Residential N b South "FR"Farm Rural Agricultural/Rural Agricultural/Rural East `•RS-6"Single-Family 6 Low.Density. .- Low Density.. -.._.... ... Residential Residential W West "RS-6" Single-Family 6 Low Density Low Density Area Development Plan: The subject property is located in the Flour Bluff Area Development r.>r Plan (ADP) and is planned for a mixture of farm-rural and single-family-uses. The proposed change in zoning to the"FR"Farm Rural District is consistent with the Flour Bluff ADP and the o adopted Future Land Use Map. 1 q Map No.: 038,030&037,030 d Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the "FR"Farm Rural District is to more accurately reflect and allow the continued use of the property for farm and agricultural purposes. • Transportation and Circulation: The subject property fronts on Flour Bluff Drive, an arterial, a major north and south traffic carrier for the Flour Bluff peninsula. Approximately two miles north of the subject property where Flour Bluff Drive intersects with South Padre Island Drive and for several hundred feet south to Don Patricio Road, Flour Bluff Drive is currently under construction and is being widened to accommodate the increased traffic loads. The new construction will better serve the area traffic demands. Existing ROW and Planned ROW and Urban Trans. Tragic Street paved Section Paved Section Plan Type Volume p 2007 Flour Bluff 65 R.O.W.,28 � ' paved 95' R.O.W.,64' paved Al Arterial 12,388 Drive Qn Glenoak Drive 50' R.O.W., 22' paved 60' R.O.W.,28' paved Cl Collector NA —115— Zoning Report _i Case#:0811-01,Bruce S.Hawn lI Page 2 • Relationship to Smart Growth: I While continuing to utilize existing infrastructure the proposed rezoning would have minimal to no —� impact regarding smart growth. The proposed re-zoning would in fact more closely correspond to the proposed future development of this area. Although consistent with current and in keeping with future development this project does not provide any additional housing opportunities or expand on the idea of a"walk-able"community based on the variety and availability of transportation choices. + Comprehensive Plan &Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) slates the subject property as a mixed use including farm-rural and single-family residential. The proposed change in zoning is consistent with both the Flour Bluff ADP and adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Flour Bluff ADP both encourage continued 1 development including equestrian, farm-rural, and residential uses for this area of the Flour Bluff peninsula. With the subject property located approximately 1,000 feet from a primary touch and go j ----._-------- runway-forte-aldron-Field�zlaval--airtrairrirtg-facilit�-and-being..well-within-an-AP�v1--(1�eeident------ Potential Zone -1) staff is in agreement with the customer's request to re-zone this property to a lesser density thus reducing the potential for future residential development and minimizing the possibility for loss of life due to aircraft accidents. Plat Status: • A 2.208 portion of the property is Platted, described as Palmros Tract,Lot 1A,Block, .24 acre out of Lot I Block 1,Allen Tract, and the remaining 8.23 acres not platted and described as Flour Bluff EncinaI Farm&Garden Tracts,portions of Tracts 15, 16, & 17 Section 40. Department Comments: 0 The property owner, Mr. Bruce S. Hawn, has requested a change of zoning from the "RS-6" Single-Family District to an"FR"Farm Rural District in an effort to allow for the continued use of his property as an agricultural and farm related use. Mr. Hawn has stated that while establishing his residence at this location he also wishes to continue enjoying his horses and in the near future begin breeding and/or the raising of raising sheep, goats and alpacas. Staff agrees with Mr. Hawn in his effort to make more consistent the zoning district with which his use is located. • Should the applicant be granted a change of zoning to the "FR"Farm Rural District, the ability to obtain a building permit for any future or existing structures on the 2.2 acre platted portion of his property will be compromised. Because the 2.2 acre property is platted by changing the zoning from a single-family district to a farm rural district having a minimum lot size of five(5) acres, the 2.2 acre tract will now become non-conforming and non-compliant with the standards established in the UDC Unified Development Code. In the future,to obtain a building permit from the City of Corpus Christi a replat of the entire 10.67 acre site must be approved and filed for record. Mr. Hawn has been made aware of this and stated that he would, at a later date, process the required replat of his property. Planning Commission and Staff Recommendation: . Approval of the request from the"RS-6" Single-Family District to the"FR"Farm Rural District. —116— i Zoning Report Case#:0811-01,Bruce S.Hawn j Page 3 Number of Notices Mailed Total— 15 within 200' notification area; 2 outside notification area .0 Favor —0 (inside notification area);0(outside notification area) o Opposition —0(inside notification area); 0(outside notification area) U For 0.0%As of August 25, 2011 i Attachments: I. Site—Existing Zoning,Notice Area,&Ownership map 1 1 1 K:IDEVELOPMENTSVCSISHARF.D11.PLANNING CommssioNL011 PC�'Ol l ZANING REPORTSIAUGUST 101110811-01,BRUCE 5.HAWN{RS-6 TO FR) —117-- i G - 2 EL [7Rp 1 FLOUR SLUFF FARM AND DN TRS 1 SEO 4D SUBJECT i PRaPERTY RM- I x� 3 12 FR 6 sBDo { CT is EGFR HQ SA SARINU OO �� LLEN TRAC r- .---..-- — ---- - - -f0 11 — 0 14 j DIRK EN rRAC ; 15 URHAM rRA. SEA.EREE&G ESIAr --.._..._ .. -----------_. __.. _ ..._. _ - - - - - --- �_ R M_ FR x ALEX NDER r ACr i 7 o coo son sic q GLENOA 5°ay CAS Feet eMofO eo rrrerrtse Ices CASE: 0811-01 2. SITE - EXISTING ZONING, �o NOTICE AREA & OWNERSHIP Q A-1 Apartment House District 1-1 Limited Industrial District A-1A Apartment House District 1-2 fight industrial District F� A-2 Apartment House District 1-3 Heavy Industrial District �y AB Professional Office District PUD Planned Unit Development -- AT Apartment-Tourist District R-1A One Family Dwelling District p - B-t Neighborhood Business plstdct R-iB One Family Dwailing District 6ayo Do-L Oso ,yam &1A Neighborhood Business District R-IC One Family Dwelling District B-2 Boyffml Business District R-2 Multiple Dweking DisMet G B-2A Border Island Business District RA One Family Dwelling District 13-3 Business Dlstdct RE Resldentlel Estate District 9-4 General Business Dlstsict R-TH Townhouse Dwelling District $l�BfFCr 9-5 Primary Business District SP Special Permit /,(/`,4 �b�Q &6 Primary Business Cbre District T-1A Travel Trailer Park District R OPERTY �_N BD Corpus Christi Beach Design Dist. T-16 Manufactured Home Perk District c��^ � _ F-R Farm Rural District T-1C Manufactured Home SubdiHsion HC Historical-Cultural Landmark District N Preservation Subject Properly Owners J"•�_ W E - - with 200'haffor hr favor -� S Q2 City of 4 Owners within 200'lisfedonowners LOCATION MAP Corpus attached ownership table opposition In opposition Cf1L15t{ Ordinance amending the Unified Development Code, upon application by Owner Bruce S. Hawn and wife, Nancy E. Hawn, by changing the UDC zoning map in reference to Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and C recommendations concerning the application of Bruce S. Hawn and Nancy E. Hawn, for amendment to the City of Corpus Christi Unified Development Code (UDC)' and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 31, 2011, during a meeting of the Planning Commission, and on Tuesday, j` October 25, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed ' to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City .of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District, located west of Flour Bluff Drive and north of Glenoak Drive (Zoning Map 038,030 & 037,030) (Exhibit A -"Planning Commission's and Staff s Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. -1 1 9- I Page e 2of3 1 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of I Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION B. That upon written request of the Mayor or five Council members co q � PY attached, 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 j and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on is ay o ATTEST: CITY OF CORPUS CHRISTI _.. . ap'do-Cha - City Secretary Mayor, City of Corpus Christi i APPROVED AS TO FORM: Thise day of ''�- , 2011 gborah Walther Brown. Assistant City Attorney " For City Attorney I i K:1Legal%SHAREDILEGAL-DEV.SVCS12o11 AgendalBruce H116E.a No.o811-01110,1 B.11.0811-o1 Bruce S Hawn(RS-6 to FR)MBFinal.doc Page 3of3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or . at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame _._-M;ayor,.-.CL of Cor us Christi Council Members i The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:1LegaRSHAREDILEGAL-DEV.SVCS=l1 AgendalBruce Hawn Case Nn,0811-01110.18,11.0$11-01 Bruce S Hawn(RS$fo FR)DWBFinaf.doc —121— I G - 2 EE D64 FLOUR BLUFF FARM AND ON rR3 J SEC OD SOf ECT ROPERTY RAA- 1 17 FR 6 s� or nn 15 EGER l�QR1SE BARNS V �� LLEN TRAC ilRH TR �C Q auRxArd rRa sEAeREE. E ES Ares DIRKSEN TRAC i5 RM- 1 FR 1 ALEX NDER T ACT T 4 400 800 $figaGLENOA$ — deet enrorp ea mentS Ices CASE: 4811-01 ho Exhibit A Planning Commission & Staff Recommendation CayoOa�Cao �� From: "RS-6" Single Family 6 4 q^, / S OJECT To: "FR" Farm Rural p QPERTY m N Q -`ll' .E �P wry Ordinance No. k� City of us LOCATION MAP Christi 12 — i 13 i a AGENDA MEMORANDUM o � for the City Council Meeting of October 25, 2011 e roR DATE; 10/25/2011 1852 TO: Ronald L. Olson, City Manage` FROM: Pete Anaya, P.E. Director of Engineering Services petean@cctexas.com, (361)826-3781 f Resolution authorizing the submission of a grant application in the amount of $12,500,000 with the U.S. Department of Transportation for the Park Road 22 Bridge project. CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U,S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of$2,500,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: Federal funds are available from the U.S. Department of Transportation (DOT) to award competitive grants for transportation projects that make a significant impact in their area. Projects eligible for funding under this program include highway or bridge projects. Grants provided under this program shall generally be not less than $10,000,000 or greater than $200,000,000 and the Federal share of the costs may be up to 80 percent. ai The Department will give priority to projects that require a contribution of Federal funds in order to complete the overall financing package. ALTERNATIVES: Not apply for a grant and construct the project using city funds only. OTHER CONSIDERATIONS: Originally, the Texas Department of Transportation (TxDOT) was to share funding responsibilities in the construction of the Park Road 22 Bridge. State budget constraints forced this project to be dropped from state funding and left the City to finance the complete project with no assistance. Award of this grant would allow the City to proceed with construction of the project in a timely manner and assist in attracting development to the area. CONFORMITY TO CITY POLICY: Conforms to statutes regarding grant application processes. EMERGENCY I NON-EMERGENCY: Not Applicable —125— i DEPARTMENTAL CLEARANCES: Engineering Services r RECOMMENDATION: City Staff recommends approval of the Resolution so a grant application may be submitted on or before October 31, 2011 for a Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant for the Park Road 22 Bridge project. i LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager i -126- \Mproject\councileXhibitS eXlldZd7.awg ul cowse.if�s27 Baty a N /sF d ( ✓ �` NAS Creek PROJECT SITE x V GU-C-T of 4F .VEXTcO 4 � Q Q LOCATION MAP NOT TO SCALE PROJECT#5289 EXHIBIT "A" crrY couNcrL EXHIBIT PARK ,ROAD 22 CITY OF CORPUS CHRISTI, TEXAS AEPARTMEW OF ENGINEERING SERVICES Vft BRIDGE P,aoF: of DATE: 10/25/2011 —127— 3 Resolution authorizing the City Manager or designee to submit a grant application in the amount - of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,600,000 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to submit a grant application in the amount of$12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000. Section 2. The City Manager or designee is authorized to apply for, accept, reject, alter or terminate the grant, and to execute all related documents necessary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: 06-Oct-11 UA, Veronica Ocanas Assistant City Attorney for City Attorney J:11.ENG11 . . . , . A G E N D A I T E M 51201111011111101111 RESO$12,500,000 TIGER grant for PR22 Bridge.doex —128— Corpus Christi, Texas I of . , 201'1 The above resolution wasY assed b the following vote: P Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 . . . . . A G E N D A I T E M 51201 111 01111\1 01111 RESO$12,500,000 TIGER grant for PR22 Bridge.dom —129— a 1 I 1 1I� , i I 14 i 1 I O oRPflRp AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/2512011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean�D-cctexas.com, (361) 826-3781 Michael Morris, Director of Parks and Recreationrn michaelmo@cctexas.com, (361) 826-3464 Award of Construction Contract Cole Park Renovations and Improvements-Shoreline Stabilization CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas, in the amount of$385,284.56 for the Cole Park Renovations and Improvements forthe'BaseBid'plus Additive Alternates 1, 2 and 3. (Bard Issue 2008). BACKGROUND AND FINDINGS: This project consists of restoring concrete bulkhead, installing cement stabilized sand capped with a Stone Rip- Rap material and landscape, which consists of the following: The General Scope of this Project is limited to the shoreline areas of highest erosion immediately North and ' South of the Cole Park Pier. The areas of restoration will include all areas from behind the existing concrete seawall bulkhead back to the concrete Hike and Bike trail (Bay Trail) paralleling the shoreline. Within this area, the distance from the seawall to the Bay Trail varies from 60 feet to 85 feet in width. Restoration will involve the installation of cement stabilized sand as a compacted fill material directly behind the Seawall which will then be capped with a Stone Rip-rap material. furthermore, a 10 foot wide area adjacent to the dike and Bike trail on the shoreline side will be a landscaped green buffer zone area. The Base Sid consists of the restoration of approximately 340 linear feet of shoreline approximately 290 feet north and approximately 50 feet south of the Cole Park Pier. Additive Alternate 1 consists of the restoration of an additional 80 linear feet of shoreline south of the Cole Park Pier (south of the Base Bid area) - Additive Alternate 2 consists of the restoration of an additional 50 linear feet of shoreline south of the Cole Park Pier (south of the Alternate 1 area) Additive Alternate 3 consists of the restoration of an additional 50 linear feet of shoreline south of the Cole Park Pier (south of the Alternate 2 area) —133— On September 7, 2011, the City received proposals from five (5) bidders and the lowest three (3) bidders and their respective bids are as follows: Total Base Base Bid Base Bid Base Bid Bid Plus Additive Additive Additive Alternates Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 1, 2, 3 SafeNet Services, Corpus Christi TX $249,941.57 $60,399.92 $38,459.00 $36,484.07 $385,284.56 Barcom Commercial, Corpus Christi TX $266,320.12 $68,948.58 $50,846.35 $55,303.29 $441,418.34 Fox Tree & Landscape, r$280,140.85 $42,791.50 $435,106.66Cor us Christi TX This project is scheduled to be complete 120 days from the Notice to Proceed with anticipated completion in March 2012. OTHER CONSIDERATIONS: Cole Park is located at 2600 Ocean Drive. Various renovations and improvements were approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6, Parks and Recreation. A construction contract is required to complete the project; and requires City Council approval. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond issue 2008; FY2011-2012 Capital Budget = EMERGENCY INON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: 1 Parks and Recreation FINANCIAL IMPACT: CIP i Project to Date Expenditures Fiscal Year: 2011-2012CIP only) Current Year Future Years TOTALS Line item Budget 2,132,502.60 737,500.00 2,870,002.60 Encumbered 1 Expended Amount 2,132,502.60 333,586.24 2,466,088.84 This item 385,284.56 385,284.56 BALANCE 18,629.20 18,629.20 Fund(s): Parks and Recreation RECOMMENDATION: City Staff and JEC Architects recommend the contract be awarded to SafeNet Services, LLC. in the amount of $385,284.56 for the Base Bid plus Additive Alternates 1, 2 and 3. I j -134- LIST OF SUPPORTING DOCUMENTS: Project gr 'ect Bud et Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager i I i I i i -135- i _1 { PROJECT BUDGET Cole Park Renovations and Improvements- BOND 2008 Project Nos. 130054 and E11027 October 25, 2011 FUNDS AVAILABLE: Parks CIP (Bond 2008) $2,500,000.00 Parks CIP (Bond 2004) $370,002.60 Total $2,870,002.60 FUNDS REQUIRED: Construction: SafeNet Services, LLC* (Original Contract) $1,066,500.00 Construction: SafeNet Services, LLC (This Contract) $385,284.56 Contingencies $150,000.00 Construction Total (2 contracts): $1,601,784,56 Playground Equipment Purchase $328,497.00 1 Consultant Fees: i Consultant (JEC Architects) ** $294,450.00 Consultant (Lignac Landscape Architecture) _ §49M 00 Consultant (Naismith Engineering) $29,505.00 Consultant (Robert Gignac, ASLA) $18,000.00 Consultant (RH Shackelford) $9,760.00 Consultant (Moody Engineering) $800.00 Materials Testing (Rock Engineering) $97,714.00 Consultant Fees: $394,229.04 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $44,049.08 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $56,062,46 Finance Issuance $20,022.31 Misc. (Printing, Advertising, etc.) $12,500.00 TOTAL $2,851,373.40 ESTIMATED PROJECT BUDGET BALANCE $18,629.20 * Original Construction Contract was awarded by City Council on May 10, 2011. * Original A/E Contract was awarded by City Council on March 23, 2010. -136- �Mprojecttcouncilexhibito\exhE11027.dwg 1 SES RIVER s4� F — I ' c PROJE CAS RE COLE] y q X L7 H t HAY 44 A a G ~ O CCIA 2 COM 4 ti r. r NAS FA 43 +. r FN 2444 I : EISo '-- � c�pPk-�� a'�' '• �LC'r*l91r'l V LOCATION MAP NOT TO SC4iZ PROJECTM11027 COLE PARK RENOVATIONS AND CITY COUNCIL SWIBIT IMPROVEMENTS E+C OR US toe 5 S PAGE; 7 of 4 -. (BOND ISSUE 2008) L1A7E: 10/i$j201 i or -137- j I a 1 1 _l i 15 0 o AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 ro p E 2$J� DATE: 91712011 TO: Ronald L. Olson, City Manager FROM: Juan Perales, Jr., P.E., Assistant City Manager .1=aryce Goode-Macon, Assistant Director of Planning Robert Payne, AICP, Senior City Planner Amendment to the Comprehensive Plan for the Corpus Christi Beach Area 'I 3 I CAPTION: Ordinance amending the Comprehensive Plan for the area boundaryCityo delete the Rincon of Corpus Christi byamend areas; PortfAirportlViolet Area Developmthe ent Plan entral Area Development Plan to include Rmcon 1 amending the boundaries of the North 'l Channel areas; providing for a new plan name of the North Central Area Development Plan to � is i h D elo� e t !an• amendin the Com rehensive Plan b ado m the Corpus Christi Beach Development Pent which hiincorporates project list forprehensive rezoning consideration in the strategy, policies for growth and developm prioritized lative priorities and direction in seeking City's Capital Budget Improvement Plan, legis 1 , repealing portions of Ordinance 022'!66 and grants from various entities partnerships ,I pertaining to the North Central Area Development sea Plan adoptedamending relabyted Ordinance 028504, �i elements of the Comprehensive Plan including the Future Land r an effective date; and providing for publication. prodding for severance; providing fo 1 BACKGROUND AND FINDINGS: J . with a n 995. The North Central Area Development Plan was first adopted 1 h the City minor update cement thathe plan is now over 15 years old and is out of date and not m compliance Comprehensive Plans be updated at least once every five Years. 1n preparation for development of the plan, the Corpus Christi Beach Taskforce was created to provide staff issues identified during the planning process with Task with input on development of a new plan. Some of the force included the following: • A lack of multiple destinations; • A coherent zoning pattern that promotes redevelopment according to the City's plan; • A lack of new private development; • The need for a detailed master site plan for Surl`side and Dolphin Parks; The need for redevelopment of vacant lots and a larger permanent residential community; • Recognition that redevelopment requires meeting FEMA truethat may be bloards for cked by siltation; • Flooding issues after heavy rains with drainage anfrastr • The need for enhancement of existing wetlands at the north end of oto large pus Christi Beastination pro}acts; • Fragmented land ownership poses a challenge to redevelopment • The need for curbs and sidewalks in existing developed residential areas. Page 1 of 3 -141- ALTERNATIVES: • Various land use alternatives were discussed by staff and the Corpus Christi Beach Taskforce. A plan to promote high intensity visitor oriented land uses south of Surfside Park is recommended since the City has made a commitment to the area by locating the Texas State Aquarium and the USS Lexington in the area. These two destinations are the only two destinations in Corpus Christi that are listed in the Governor's list of top 25 Texas Visitor Destinations. • High intensity is also generally compatible with the water and wastewater infrastructure located south of Surfside Park. • North of Surfside Park, a lower density of visitor oriented land use is recommended since the water, sewer, storm drainage and street infrastructure has an overall lower capacity for development than the areas south of Surfside Park. • Regarding drainage, a system of valley gutters should be used rather than the standard underground drainage due to infiltration caused by the high water table and sandy soils. • To supply additional drainage capacity and a new trail destination, create wetland water features on city land in the wide medians between Timon and Surfside Boulevard. • Paradise Landing and Observation Deck—two locations were considered for this structure with one of the locations being the end of Burleson Boulevard since there would be direct access from the US 981 Off Ramp to the Landing. However, the location across from Surfside Park is recommended since there is the essential iandside public acreage to support parking for the Landing. • Create a new destination on the Breakwater structure between the Lexington and the Aquarium. • Other potential alternatives for development listed in the plan include: pursuit of State Legislation that would allow casino gambling on Corpus Christi Beach; Creation of a new ADA accessible beach park on existing city land at Dolphin Park; A new groin structure to capture beach sand eroding from Corpus Christi Beach; Enhancement of the wetlands at the north end of Corpus Christi Beach with additional plantings for charlw rrp rQI1lOtG rP State Birding Center; and Consideration of Corpus Christi Beach for a tournament outdoor sports facility for the City to attract visitors and which would have significant redevelopment benefits for toward tourist oriented development. OTHER CONSIDERATIONS: • Street enhancement to facilitate pedestrian movement between the Aquarium and the USS Lexington and to add more on-street parking on North Shoreline Boulevard.. The existing street cross section is an inefficient design devoted primarily to vehicular movement. The redesign would increase public parking and widen sidewalks and allow for outdoor seating. - • Create a new destination by repairing and enhancing the existing Breakwater Structure. • Create a new public plaza between the Aquarium and the USS Lexington at the entrance to the Breakwater Structure. CONFORMITY TO CITY POLICY: The Planning Commission conducted a public hearing on June 22, 2011 and recommended City Council adoption of plan. The Plan is consistent with City Charter and State Law requirements for a Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency two reading item. DEPARTMENTAL CLEARANCES: City Departments have had an opportunity to provide comments on this plan including the Park and Recreation Page 2 of 3 —142— 3 Department and the Engineering Services Department. In addition, property owners, the Texas State Aquarium, the USS Lexington and the Corpus Christi Beach Association have been involved with formulating the recommendations in the plan. Per City Charter, the Planning Commission conducted a public hearing on June 22, 2011, and recommended City Council adoption of the plan. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget ] Encumbered ! Expended Amount This item BALANCE Fund(s): Comments: There is no immediate financial impact as this item is a "general plan" or Comprehensive Plan. The Plan should form the basis for adding projects to the City's Capital Improvement Plan. The long term financial benefit from completing "general plans" is that the City establishes the plan or guide by which all entities, including City Departments, private investors, and other partner public entities (GLO, the County, RTA) a may move in unison to pursue the goals and policies of the plan. RE lVlf MENCMy ffIV:- Staff recommends City Council adoption of the plan. LIST OF SUPPORTING DOCUMENTS: Attachment 1: Powerpoint Presentation Attachment 2: Meeting Dates Attachment 3: Plan Text in Word Doc 8 '/a x 11 Format Attachment 4: Ordinance (Plan Map and Plan Text- http://Www.cctexas.com/planningn 1 Approvals: Jay Reining, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Page 3 of 3 —143— i Attachment 1: PowerPoint Presentation I i i 1 i -144- hristi ..v=9 my��yy "7fJImrat als m+. }ac. • North Central ADP - Adopted in1989 • Renamed and expanded • Corpus Christi Beach Development Plan • Expanded — to includ Rincon Channels A and B SIL 9AIeria=MariD1 ms �qwplli µ ridia =XI= amnia, MR 4,04 MOM- MIA 94,4 011114111C mirserezw, • YqPlimaii.rInff=r• n. F ioli�+YB Penni ttel g Department rug mit Wors rag, az WNW Wi L�m rasa Newt. 0.1.1,1ftla !..:eF:9Nlrii. LOA. Safi 411101, OGEE raL loasperr 111. REM 261.6 aim mama WAININt 4,141. .10 2 Perdu CORPUS CHRISTI BEACH . -DEVELOPMENTP AN-- A▪ mwamMwYuim..ariPrbalYYr.alYLsµ.4MPYnW .rGa ...ewp.wwY Eha.WwL.vr:a.aumw s4Nw-aotwmld4i.aw Mmnma4ttl1.LYIPLO1� m.kVbe.. Mpin .a..h arO" L.+.tlmala.•Y .Yara9pa.ma� mYYLYYwt' .�.P..•Mwmm..m.bw • v.Y.....p•�I:.wxwn.m' ��•iN1..MYi.W.YgMM;HM t.... - Aw.J•I••al..MUMIrw..arta•. m laLSWY+�1'Sw•.'M FWYLubtYuosY.nl Wo+wruWpJNi.M drtlYinLwauWJY.arM Yl•mWIa MVgJiLbgYT.NrLlaamatj. srota,n,wtamvr.P•ra W4 ]I.l.tl".'Vjanwpwe....,"I• 1=11 11• ../.5 .JY,;MO•IR wqb• N.urg.14,11 .lam I1. 1111 Warr w.•44ya•e.wn�Ir�rrE4r a TtidwmRwM.H•..w.raY4MwMvAtiY,.babnlw+unrrdIaLLY ....- ba.•0.1.aMYYYpiWl11 C.fig'wil`Puw1Pa 1. • m yn.q .gga11.mnmema 1111. • • c..Ywvi'k.0.Yµn. bM M.m..evrm. •-•""' 11 I nlb..Mwn�Y M ,lv .J,••.a...a.•11«.•611. *,�..a.�lwt.. �i...r'•w.t.. r 1111`•'"ra•n..n;.'rm.'.,eer+:.d,q:w.Yxw�u rw.Larnb. • tlw.�M.IM.obrY.4n�un L Wy.P,q+. .R.bYrblr•Mi a+A ll•.nr. ln. Mahan LW I awm kwkv..Maaaj aim wRkfW.W WNW1t14iM1wi.Y{pibieK ' .Y.KN,lnu.x..sywau• >�....wa�.Yad. 0. b4aM,wrww.a..nb I.am0.lna.r Mw�Y/a�.�0.w,fp�•_p�ri Yom_}. haww.vballYf•:p.m -Yv.s.M Y.Wi•�Y J.A.. N... ...La,m11. r 1eMt.6lCaevp�alme - . +Paa..ML W..e..w.acmw wwmwnvY.p.I.aJ w.�mm.w•Iwmu�•r�'furan.ernes•L�.wY7.N.'"iY�wlalumJraw.wt�..aJ . ottsioxisomman s•o▪ b Fiw ru•L pPln1 l.IplmjYdt- awatnpnK.... • P•. :01111.• m " :�.�pn t+hJ.+..ar� rp.I-••. �..a. m..- _ ,h I••s+ra.....p ..arbaw b.ri- b Wm, yM+M IaY.11l•'.•J.11111 +•IYrWYrtlmnMrN3.F:411M11Jw111 .•ayes-_PrwyYardwrJ.a J11SYlYWl4 .12. n.. PragwmW .1..a. llmNirlbpr11agp(r1111. LW.. M... r.uMwp.wr.,.11aI•�• 11 11 huni GW11a4....db`1..21(4reaytkgam.aN Wear•.lmLYa.111.1. 1111 a. wP11.4•. rW. n.�...y,..el tsar taw.w..a W ..r W ...� • aeWAtCaW1r.W N•▪ wne.�mWYNO�a %p .Yw..dPN4nN ]r4w6mryl JYY.Y, 1. x..91 • r1.Mpa.1.®.NeaWn.gatlY•m. ^ .M111wwlc.......7 ': • iarl...mp a wnraw.P.. a.Ww.mAM .meY..., ' • ....M.......... ...11........1 1a, wawa al.. ..r".1., • a..wr.... 4"warmileplemaaaa:'•. .ice•1111 1111. • tlY gllrw�p•+•.ww64M.t raw 4YY.r•�.Y..�a..�l *M Yia•a abYp. NYdY fan.AIW lrsw4aYwIMaMLMw•b+Y.rMaAYlm Wn �'q•r111JmaN C,..w.irmq.•- yOPmLtineaGC.l •�4. M1'p'I.n.m.. Crsa�.,xvmiYa4HM.vau amities W.�PYJ 4g 1:01.11ti40 qa.. •apYa p.paW.awry Ipa _tau YwpW.P ��,.IVa'a.miaYWagnk.YYM.IW�Y'aVlyl YaWw .ales• irylwl Yon.walaJ�nx46cdru.iSVaaYLawa.IgilYmb�.- _ fi 'Nlwmt gM4blaM..Y•w..i4.1•'.. 1W°Wm Ink.P1.#1. ylplly..way�y aa�rgi.�iiMMsl� `iAaeYyryY IwW �m �+v0�yl.a i:NBJY• 1111. <N.aC.l aal...aimr ' • _ aawMNwmavnpuiva. to wr, p-aae_ larzkrarra. ...N.w••. r.Yt. prw'.. AYn iw,a..ia' Y •4 .•. .l..iYi..0 v.Pla oyJa-ralok .a imdiL•1� aYe ANave.unYLt ;wok lat ' ....tlY.•gb' t a.. • ad 1.441N▪ .1Y -, ewn.a 1111 � 1111.-7.4r..441I_. mtla P.41.w.b bwlw.r:. -. .1 41 YisMultl.lgmq Ml.vWnam L..s. py • a, may,"+m`YM1wi.iLwnF'.J Er.4�d.J.lrr i.:.4 i. r.ma•"mw W aMY.M�wr.i.11dra�Jn...b.ni eI,I.J.I..iO•..la.w bYaAly.wly.11.Yra.1 - . vi..wJ..�u.IJw�.:a:Y.r.awwY,e*awav ▪ '.t gi' *tea .4.1e.•wr DPW r Mi i".a1CLm.r.wW, +.1a 1111 0.r. 4.r•....r;.M.: W..pwq pif.I•bh I.A`r. $111. tYlwi 1111 ., -aYam.daeiYJ.iotrmpy.bf:. av'• W.�. YY PMI f.•. m...., ...v,.r..r,'.µ*y. • 1111 74,:. .:.. • WYam..d Y�lYa!Yw�.rnim.PoamArnNr m.9 aY'wYwnY'gm.lyr..,...i:...r �. 1111 wtan.uxn' • r.l.av�r.pei:hwe waaw.r.gr..pl A.rwmawe...ya. ba l..m2L. "Y e.. r.gselmmatAdaaraid aewm. .u'°"i�.. •na.�'aw ` 2. . ,w,1.411141.2 y d LWr [L611:......eipmYCLri.8el6wmaLGulni•YwEM- -_ waa IslmwYMepep. F... afea.m....}r�MwHll.akl. Mtlof.Rtvrrawa 60iFW.yra4.l' ' ..mr,o�ni11.111.21.11.1 n� a��a�r!1MNl.Ia Y0.rnim Gdv a.Lxb.wwMa..Ywr.u..wo.au..er.wmL.rmwY.w.le .m.nwn....r J„ h. M.ioau44. •wW6. - airy iN..at +,n,4•N.•..Y..�wwa 1......1.1.....141‘,111,i' • ".•.mow .res.. ring Lars.N1,1a,ra • aIWaxar,.srr.�••u krW-v e. :a. taw, a•^w.w.a.Wr...YwasAgbq.ar r•a1"b•.an- .IA.pm.NN.r.pea..lY.bu..Ypaera p.... • L l.Mowes.r�e.lmn...MYP..Y Nip as..Y.w,em. - .J.wwNY. rm..n. prat �� te.w,..wmY.rer•-b�..aaw.ww 1111 wae...`.:<aa..rt Yr.. i arr..w�. W....b..rrge.kl Www,.W...a �+:nYl,.a.11:lw WY. MdelNwO.MILr6.•.awWiaMaWYw a. alYq.• .wOw.W� vY1Y�.awn...r.tw�rat•f+a.y. V.Iw. wY�. Yan.AA, * o.•..bnwWY.t•J•inwr..,w.brwMY..wY.vnn YIbMwn GI,.YMNn`"`wu¢a'�nNb maW�"IMI'q.t"M• Mw..a es.lemtpvwe.naran..•.wsaawwerrnrrw. d..w, •� .a..lr•.Yr::w..wuaayMr wFw }TaF �.Mr .•41111".!.11. Wlr.Pi.wM�V}amtlWdrdrYt pWY=,Wr.. .,=wytWMa CO[:PIjS HH Q6RCH EnInfrol4r4 w.Ir.unwe.wwuP:r..aa•..Y,mimunnLYaa,ca '«.'C11vYaw rw.s:.meaYwa w:le.amv, doetglaw.,vi. • • w.Y=,p.,..am r� w �.aetl,.... ar rYra.J �..w. w•.•,l '�4�.im.l.11aa axm YfI�4TaritlCMn�rx YaY l.l�la•.e�.ln mrgY _ IYMialay.M.�YaWmwwNwlr.WmYW�.inW Y e.r r.W ��m. • .PPmagy.aly ..m, maotpas tlaib Y .gwp W.w.ir b11.Y..�dYm IJrl.ran.a ~KM Pelyaa.. RYwp ....eY.o•w.mmamb �ti Lt'Nlil. vd]® hGmtkkilMmei.iern L1.11.3• JAM 'adrbr.Fr �^'wiYa��p"..,.emowwlmasa nr.men - 1wL,em,d. W'Y.. u.Mv.wr..Awtl wpwni..vxi ua • 4 _ p.MaAQ...Y.. W' 411.a...Lit r *Wok bsa.va �Mp 0 2ubINYWaafa»Iwlmaaaaa W me.a14 • ->♦ .S'vwrw�s,.m.cbYspc K�rMMlx.r1�•rlrsY.at.WFwM Pbl.� Plan Plaint fi'„- » rw..wo.,r�.1.,r..JOY,,,AnLi..www•m..,,.a.,.p.n.a.� a, laa..........a.a..-w.w,..a....u.. al lww...I.mYOaL..•..1LaPM.aGwmY.a'Yiq.ew WmY.Hm .JYYal.eiw.r...ar..w n..e A wpm..dt.wa�wxf.numna. S 2 419Yrwlwm. w.n e:.YJana.m,elmmm.oYm.1.. aabwaop«<wY.e,....,w.wu Cowan. auwnY....•.q a......�• IJw n V a•MYi W..r N o.wanYeYµl.•nllomnarideallin .awa.ma'n. ..N.r, h •.a2L� laa..I�wu. am.W.�d,.lrl.isv.wawar.O.Y.wra _ N iYw�a Brae "YS.f�IKWy.v�m.wfMlLa.avl P..rpTpAynawt L Cwa.m•.Iw�prbWpO..oaMbw.M1b.aAaw.ImuYm.lE ,...•..�. Yes, Jm...rC.Y...q •.a • akuaY..L..Nr.a.w.wnwa • 0.ew.YWr W.raW.Nq �' �.hcRTa6.�rem• phY..F. Lnfm • 1,l aWwM.yPade. eYsr..rYYeW.r.mb,aA M l.wYy p.L . ala...rrl� .a.�x�rrrla...rceaw dl?amWrtmw....wYltaWmamnrag...waranWooed A...•w..Y.w.`...i wir•w bwl.Ih..rinvw.lepba..apYY W m.LL MI Waft. awl lYsl Smmn.l W me W LN f sreA m wmd e.'aNa M wianpan.t' pwars wwwaw..rwlMtl4as•.Prew...P],wxWun.rl 1111 nwra.,.r.a.rs . =mina e+a...S�.. T....aL ..Lm.Nb.r...w.w.mw..t r+o..a.pw b_ 1111 .b 611.+•.0 m. 011 w 4a.i..N 0114..•wwp.ma• f VIm.Miu COON I, CHRtrrLGGIQH ar4.8„OPINNFMPEM/ PhY®N.k b nimnJ.t CaullYb.snb9®bn '1 - • _3 77171 _ e - - _ s r . � r • • r r � r � r r � � • l i TV.I j - � - . > t I A mr � ._ r Ifi '.v r= : 0 Ocn cD cD O O OCf)_' 0 - --� ..�. Q] W_ CD CD CD CD CD m co O CD CD CD Q7 ;K- to 2 _ r-t- �" p CD 93 CD �' C-) �- 7�c` r-1- O CD COCD Cr_ "0 Q CD _0 OL) CD o CD 3 CD CD Co N O CD �- =3 O CD CD ! E 3� C a 3 i FAR I -41 a —151— I m �- Z CL r MPL �. cD sv cu —• n �. --I o 0 C� FD-� CD r `� �. �;.. CD n ° C CD cf) CL CD CD CD0 0 o C:) 0 O Cl) p CD CD o . Z. ' CD CD CD 3 co —152— �.t-..�,��.�.r.v s - i ,gypp �• '�- 'g � . a��v Y' -2"'�r _ �-ter _ Y c ��t,E. rl��i 4..-;-�'~ r^"SEI � e tn1 �_ _ 1 r Q:;r �� U a'Sa x _ �'�• � _ � �. ■ _ � � r �. �-• � � r "�$�_ �. �� .-_ � � - � � - � �. ,,� ;: �r� Y � • � � � g _ a � # �. � � �� t�. �: � � � �, _ . , ' kyFn - l � � i � � � F ' E � .�._�,�. — ,r � � � �,�_ ► 1 '� • - i3: ,[�(j. � _ 3�s 1� t_I�fz° r -i'� ;'_� •r, � , � �� . 3 � � - � 11 44�� ,_i �.f'. i _ �=� � � _ � ` � x _ �� a i � 4 Y � � ,'ti� ' , - t � �S� r _ �� "� 4�; ��:a r Y ,m%,,i. .5 t I' a� a'�, '� a �f> ';� 7,`�1 :� r ■ a • r ! r • a a • r r ; • � • r ` � a illujil • • r r ; • r vU • � • r r •. • • r � r r . • r } # t+ E4 r i ,fidd { k �p;r. -.. � - ES - kE IiY Yk is 23 x �F C - s ye l ~, s > I l- f fes. p Ai Alm Alm a E A HS s 1 i; ryp f NOW 0 1P. tfit - On `E � t W; e i All- Alfit 7 � A 'AWHOM e rsy�. _ c �Vj dlk a i i j: � F r rty iz t 1 n CD CoD c� CD CD S o w: o � �� o CD o w C-) o CDCL CD CD CL C° CD c ) -0 N C.0m � o CD CD cn m 2. �' o _0M CCD l w cn CQ CE) 7� O $20cn -� CD —- -_� CD CD -- --- -- -23 7c' O V W -157- i i 00 C7 Cl) CD C i [I] �. 0 �. 0 O �,, CD 0 CD to CD �' 3 cDo 3 CD 0 CD �. 0 �..} �. CD CD O CD c 3 0- CSD CD CD o -� . - - - - -- CQ cn CD CD CD �.: :3 o CD CD CD Pll/�EiYVP � � i Ca er TER ti •F � � sTsie � � �, �• 4 -158- } I - ■ r r r a • r r � ■ • r r r i _ V r k - - � 7 - S � *z' - Ac ' r r • • r s, t - - ittis F r J _ h 131 1110- WIT Wall 5t T 7 1u } b. a VGA LEEZO } p ,z ks • • � r • • r � � l • r • s �= P ,II r } f s � ■ i i i i • i i i TT lob i {"M f i 4,4 s T+. � r x t}. �.. !. t vi •• f i ate_ � !fit F' .1 j t I z 3. a t� x ij ILI a fA r. 1 . I�r, Y r Y 1 - � y a ' y i I cn 0 ;u 0 > . 3 CD � CD CD CD c .. CD CD C-) 0 CD. C 0 C .-� O n C CD O O C � CD CD -0 CD (/) ( ) CI) -V CD CDcr CD CD C7' _cr_ �; CSD R--i- C C7 C7 -n Cn NC 1 1 Q T L�.r b cn C) - o C/) �'" Cn CD - -------- -- CD C) -- �' 3 Cn � C Cn c W �.CD Cn to 0 cn c cc �- � C xCD CD>< 0 r O ocn � c� o O cn a:) _ cn cn D ;K- CCD cn C CD o CD � O CD E- 3 3 CD -164- $ -. a N i.. 3 { �d t ttt _ • A T' — EI96(„ € 1 - F S `Y y � 1 F Fl�lt{lll�llflllll� 4 W Uj F L I _ I 4 a9 I � � z a _ 2LN 1 I 1 An - icr J Attachment 2: Meeting Dates Meetings and Public Input Monday, 41512010; 5:30 pm Corpus Christi Beach Taskforce Thursday, 41812010, 7 pm Corpus Christi Beach Association Monday, 51312010, 5:30 pm Corpus Christi Beach Taskforce Monday, 61712010, 5:30 pm Corpus Christi Beach Taskforce Monday, 819!2010, 5:30 pm Corpus Christi Beach Taskforce Thursday,9/16/2010 5:30 pm Corpus Christi Beach Association Wednesday, 9/1/2010 Planning Commission - Discussion and Presentation Thursday, 91212010, 5:30 pm Staff Committee Room Watershore Advisory Committee Discussion and Recommendation Wednesday, 91812010, 5 pm, 6th Floor Conference, Park and Recreation Advisory Committee Discussion and Recommendation RECOMMENDED ENDORSEMENT OF THE PLAN CONCEPTS Monday, 9/13/2010, 10 am Meeting with Deidra Williams of Texas A & M Corpus Christi Monday, 9/13/2010, 5:30 pm Corpus Christi Beach Taskforce Tuesday, 9/14/2010, 3 pm Meeting with Michelle D. Horine, Vice President Nature Tourism and Communications, Corpus Christi Convention and Visitors Bureau, Office 881-18181 Cell 533-0768 Wednesday, 9/15/2010, 1:30 pm Meeting with Economic Development and Legal to discuss financing incentives Thursday, 9/1612010, 4:30 pm Corpus Christi Beach Association at the Breakers Condos Tuesday, 912112010, 2 pm, Corpus Christi Audubon Outdoor Club, President Leah Pummil 991-90311 pum37{cD-stx rr.com Monday, 9/13/2010 Corpus Christi Beach Taskforce Monday, 10111/2010 Corpus Christi Beach Taskforce Monday, 111812010 Corpus Christi Beach Taskforce j Thursday, 12/2/2010 Rincon Channel 1 Ocean House Status Report Monday, 12/20/2010 Corpus Christi Beach Taskforce Planning Subcommittee —166— Monday, 1/10/2011 Presented Stormwater Report Monday, 2/7/2011 Presented Updated Plan Map Monday, 3/7/2011 Presented Streets, Water and Wastewater Infrastructure Report Wednesday, 41241201.1 Presentation to Planning Commission Sunday, 6/12/2011 Newspaper Public Notice Wednesday, 6/22/2011 Planning Commission Public Hearing Tuesday, 10/18/2011 City Council Presentation Tuesday, 10/25/2011 City Council Public Hearing and First Reading of an Ordinance Tuesday, 1118/2011 City Council 2"d Reading and Adoption of an Ordinance E Jff E f i z I 1 I -167— Attachment 3: Plan Text in Word Doc 8 % x 11 Format CORPUS CHRISTI BEACH DEVELOPMENT PLAN INTRODUCTION The Corpus Christi Beach Development Plan is an element of the Comprehensive Plan and a more specific supplement to the City's adopted Future Land Use Plan. This plan replaces the North Central Area Development adopted in 1990 and later amended in 1995. The purpose of the Corpus Christi Development Plan is to provide a vision for City Council decisions concerning rezoning, capital improvement projects, legislative goals, and funding strategies. The pian is intended to send a clear message to residents,property owners, potential property owners, the Port of Corpus Christi, the County and any other agencies with an interest in Corpus Christi Beach regarding the City's high priority for development of Corpus Christi Beach. The land uses displayed in the plan are adopted as required by the City's Charter. The inset pictures, text explanations and map annotations on the Future Land Use Plan Map are provided as examples or concepts of potential development and to assist in communicating a desirable "Vision"for the future. STATE ENABLING AUTHORITY Chapter§219 of the Texas Local Government Code authorizes a municipality to create a Comprehensive Plan ".... for the purpose of promoting sound development of municipalities and promoting public health, safety, and welfare." Chapter §219 authorizes a municipality, without limitation, to address future land, transportation, public facilities or other topics in the Comprehensive Plan. Before the governing body of a municipality may adopt a Comprehensive Plan, the City Planning Commission must conduct at least one public hearing, provide comments and a recommendation to City Council. The City Council must also conduct at least one public hearing for citizen comments before adopting the plan. HISTORY Corpus Christi Beach has had a colorful history from the mid-1800s during the Mexican- American War to modern day as a key destination for visitors to Corpus Christi. On August 1, 1845, Zachary Taylor set up camp for 4,000 soldiers, half of the US Army at the time, on Corpus Christi Beach. After the war, Corpus Christi Beach became a point of departure for Forty-niners headed for the California gold rush. During the early 1900s Corpus Christi Beach was connected to the downtown by a small street car line. In 1913, the Corpus Christi Beach Hotel was purchased by the government for use as a convalescent hospital for World War I soldiers. The hospital survived the 1919 hurricane and was later sold.in 1927 and once again became a hotel, this time named"The Breakers". In 1939, the City was chosen as the site of a new naval air Page I of 8 Attachment 3: Plan Text in 8112x11 Format -168- station and many of the transient workers for constructing the naval base set up camp on Corpus Christi Beach. From the 1900s through the end of WWII Corpus Christi Beach had become a thriving tourist destination complete with Paradise Pier, a roller coaster and a ferris wheel. However, repeated hurricane impacts, especially the hurricanes of 1919 and a series of hurricanes from 1961 to 1970 (Carla, 1961; Beulah, 1967 and Celia, 1970) either destroyed the tourist facilities or put them in a severe state of decline. In the 1980s the City took action to stem the decline by establishing Corpus Christi Beach as the site for the Texas State Aquarium. In 1990, the Texas State Aquarium opened with over 400,000 visitors in its first year. Two years later the USS Lexington opened with over 350,000 visitors. The Beach, The Aquarium and the USS Lexington continue to be three of the premier destinations for visitors to the area. PLAN AREA DESCRIPTION Approximately 453 acres of land and water bounded on the north by the Corpus Christi City limits/Nueces Bay, on the east by Corpus Christi Bay, on the south by the north side of Corpus Christi Ship Channel, and on the west by the Port of Corpus Christi Herbie A. Maurer Material Placement Area and the existing city limits. j EXISTING CONDITIONS Census 2000 CC Beach Corpus Christi Population 440 277,454 Housing 392 107,831 Households 253 98,791 Household Size 1.74 2.75 Owner Occupied Housing 38.7% 59.6% Median Age 48.1 33.2 Median Household Income 32,045 36,414 Households with individuals under 18 9.9 41.4 Households with individuals 65 years and over 25.3 22.3 Corpus Christi Beach is located in Census Tract 1 EXISTING LAND USE With a total area of 436 acres,the Corpus Christi Beach area is the smallest by far of all of the City's planning areas. The amount of right-of-way at 29%of all the land is not so much different then most fully developed areas where right-of-way is usually about 25% of the total. Still, the amount of right-of-way, suggests that the City should be receptive to requests for right- of-way closure on a case by case basis,especially where a closure may allow for economic or park development and where there is not a significant impact on beach access. Closure of any of the roadways the direct traffic to the City's on beach parking should be 1 construed as having a significant impact on beach access. I i Very little industrial uses such as warehousing and manufacturing exist on Corpus Christi Beach and wherever possible industrial uses should be discouraged or prohibited. The City's Zoning Ordinance defines out-door amusements as industrial uses but such uses should not be prohibited Page 2 of 8 Attachment 3: Plan Text in 8112x11 Format -169- from Corpus Christi Beach and, except for the City's Zoning Ordinance, are generally not considered"industrial uses". i ZONING The Corpus Christi Beach Area zoning is primarily intended to promote tourist oriented development with some permanent residential uses. The zoning districts in the area include: CG-2 General Commercial District; CR-1 Resort Commercial District; CR-2 Resort Commercial District; CR-3 Resort Commercial District; RM-AT Multifamily AT; and CNA Neighborhood Commercial District. The vast majority of property on Corpus Christi Beach is zoned a CR-1, CR-3, or RM-AT District. Several of these districts have a tourist or visitor orientation with higher amenities and higher density then most districts used throughout the city. in general, the Resort Commercial Districts are used in the area south of Burleson Avenue. The Resort Commercial Districts allows a wide range of tourist oriented uses with a required 20 foot landscape strip along street frontages. The Resort Commercial Districts provide a selection of tourist retail oriented uses and a provision for providing parking off-site within 2,000 feet of the use. Given the limited � pavai-lah -- . _ uariuth �rrtt ��w-��b�r-e�=i�ed..�€�=site-tom j the highest possible retail space density and to prevent the area from turning into a parking lot. As an aid to redevelopment and to promote pedestrian oriented development, the Resort Commercial District allowance for parking to be placed within 2,000 feet should be considered for other areas near the beach located east of Surfside Boulevard. In addition, consideration should be given to creation of an architectural overlay district to promote the beach/ waterfront theme in the area. PLATTING The City Charter requires a property be platted before a building permit can be issued and essentially the entire Corpus Christi Beach area is platted. The entire area was part of the Brooklyn Subdivision recorded in Nueces County Court House on November 8, 1890. The plat contained two piers, including"Paradise Pier", Mirimar Hotel site(the Aquarium site) and a proposed County Fair Grounds between Causeway Boulevard and Surfside Boulevard and south of Surfside Park. A number of replats have occurred since the initial Brooklyn Subdivision, . such as the Texas State Aquarium Subdivision, recorded on April 15, 1988 and the North Beach Park Subdivision(22.361 acres of city land at the north end of Corpus Christi Beach), recorded February 18, 1988. The only areas not platted are those lands on both sides of Rincon Channels A and B. There are also some properties that have replatted only a portion of an original lot, thereby leaving a remainder portion that is not now part of a whole platted lot. Page 3 of 8 Attachment 3: Plan Text in 8112xlI Format —170— I i BUILDING There are three FEMA Velocity Zone designations on Corpus Christi Beach which have had and will continue to have a dramatic effect on the nature of construction in the area. The Velocity Zone requires to have a finished floor elevation of 15, 13 or 12 feet depending on the Corpus Christi Beach location. These designations require that the first habitable floor of any structure be protected by building up, which results in single family stilt structures and commercial structures with parking located underneath the structure. BEACH MANAGEMENT Corpus Christi Beach is approximately one-mile long with a sandy area of about 30 acres making it the area's single most important asset. The entire beach is open to the public with nine access points with public parking. Several of the access points have restrooms, outdoor showers and covered picnicking areas. Motorized vehicles are not allowed on the beach and a 10 foot wide concrete promenade runs the entire length of the beach from the Texas State Aquarium to the terminal groin structure at the north end of the beach. Corpus Christi Beach has smaller waves and very little undertow which minimizes hazards to swimmers, especially children. The one major concern with the beach is erosion. Since General Zachary camped on tha haarh En ha�b ?�a. P_- n.r-_ dinrr-ha--- ^- been estimated that the beach, in the 1800s extended beyond where the US I Lexington is located. Currently the city has a shoreline monitoring program to monitor erosion as periodic beach re-nourishment will be needed. The terminal groin, constructed in the 1970s as part of a major beach renourishment project by the City and the State, does successfully trap some of the sand for redistribution. The last beach redistribution of sand 1 beach re-nourishment occurred in the early 2000s. DEVELOPMENT ISSUES a Lack of multiple destinations a Lack of a large permanent residential community - A small vocal residential population does exist but a larger permanent residential population would support a greater range of commercial businesses and add vitality to the area during the workweek and off-season time periods. a Lack of a detailed City Master Site Plan for Surfside and Dolphin Parks a Lack of agreement between the City and the Port of Corpus Christi—An agreement is needed to assure the land in the industrial district next to Rincon Channel A is developed in a manner compatible with the vision for Corpus Christi Beach. Heavy industrial uses and the associated noise, light, dust, and visual effects could have a negative impact on the area a Beach renourishment A plan is needed for continued maintenance and restoration a A continuous Police presence on Corpus Christi Beach is beneficial and essential to continued investment in the area. a Quality of life crimes such as littering and graffiti continue to be an on-going Page 4 of 8 Attachment 3: Plan Text in 81/2x11 Format –171- 1 i problem on Corpus Beach • Flooding of streets and park areas after heavy rains • Dead-end water lines - Where elimination of dead-end water lines is not feasible, j consideration should be given to flushing the lines by using the water for 1 irrigation or potentially a water feature on the beach or at on the parks. • Lack of water./wastewater infrastructure to support proposed development • Protection of public visual access to the bay along streets accessing public parking areas • Excess street right-of-way • Eroding city land north of the terminal groin j • Protection and enhancement of existing wetlands at the north end of Corpus { Christi Beach. • Fragmented land ownership - Poses a challenge to redevelopment and destination projects. There are only three sites either on Corpus Christi Beach or immediately abutting the area which contain 20 or more acres of contiguously I, owned property by a single entity. 1 DEVELOPMENT GOALS • Create a uniquely attractive atmosphere for small and large scale visitor destination attractions o�romo e- it ing,.-eco ourism an -. .accessi i i • Design public spaces to create destinations with uniquely attractive public facilities. Target the southern half of Corpus Christi Beach as a location for "high impact" destinations with the north half of Corpus Christi Beach as a destination for "low impact" destinations. High impact destinations may have visual and noise impacts, such as a Ferris wheels, roller coaster, etc. . . • Generate community pride by creating public destinations available to the citizens of Corpus Christi. • Create a detailed master plan for Surfside and Dolphin Parks. These two potential assets could be the catalyst for renewed growth on Corpus Christi Beach. • City commitment to maintaining the Corpus Christi Beach to the highest standard of cleanliness for public beaches. • City commitment to target the area for redevelopment. PLAN POLICIES ENVIRONMENTAL Policy Statement 1: Prepare for beach renourishment. For the last 200 years, Corpus Christi Beach has and will continue to be an eroding beach area. The City should anticipate the future need for beach renourishment, either by gradual erosion or following a storm surge. In order to prepare for Corpus Christi Beach renourishment, Page 5 of 8 Attachment 3: Pian Text in 8112x11 Format —172— annual beach erosion monitoring should take place. Additionally, a beach fund should be created to match state or federal grants. LAND USE AND ECONOMIC DEVELOPMENT Policy Statement 2: Promote and develop a host of community and tourist destinations for Corpus Christi Beach. Currently, Corpus Christi Beach has three major destinations including the beach, the Texas State Aquarium and the USS Lexington. Three destinations are not adequate for tourism and economic development. Proposed destinations could include: Water features Public plazas Exhibitions of public art Development: New Pier "Birding Base Camp" Pavilion/Tourist Information Center Casino Style Gambling Soccer Tournament Center Grand Beach Pavilion Beachwalk Expansion Upscale City Recreational Vehicle Park -- s r r EahfecrdkipRo.:..__ _. - —: Policy Statement 3: Develop a master site plans for Dolphin and Surfside Parks consistent with the recommendations of this Area Plan. A bird inglecotourism theme should be a primary theme for Dolphin Park, while Surfside Park should be themed for beach-bound social events and water sport theme activities. A secondary theme for both parks could be Americans with Disabilities Act (ADA) compliant destinations. Policy Statement 4: The City should pursue State designation as a "Texas State Birding and Ecotourism Center." The State designation should be for the City park at the north end of the beach. The City should then consider development of a headquarters for ecotourism activities, especially birding. Policy Statement 5: The City should rezone the Corpus Christi Beach area consistent with the plan, remove barriers to development and to create a tourist oriented theme. The zoning district or overlay should require new development to follow common coastal architectural themes and remove barriers to development. Residential and commercial requirements should include architectural features such as the inclusion of at least one coastal architectural element. These elements could include balconies, cupolas, or widow's walks, etc. Commercial requirements should provide incentives for creation of plazas, outdoor seating areas, fountains, public art, shade structures or other features that build on the coastal design theme. Pedestrian oriented uses should be emphasized. Parking requirements should be altered to encourage development of buildings I destinations on beachfront property. Page 6 of 8 Attachment 3: Plan Text in 8112x11 Format I _173- TRANSPORTATION Policy Statement 6: TRANSIT: The City and Regional Transit Authority (RTA) should provide a seamless transit system between the north and south sides of the ship channel. Fundamental objectives are to provide transit services between the American Bank Center and Corpus Christi Beach to the citizens of Corpus Christi and visitors to the community. The RTA should provide the operational infrastructure for transit while the City or its public and private partners should encourage transit development by allowing development of RTA funded infrastructure were city land is available. Enhanced transit services should consist of high quality boarding and drop off facilities and include a combination of land and water transit choices. Policy Statement 7: The City should consider alternative street designs for the Corpus Christi Beach area. In coastal locations, standard curb and gutter designs for public streets may not be feasible due to drainage and high water table issues. However, ADA compliant sidewalks on all public streets on Corpus Christi Beach should continue to be one of the City's highest priorities. INFRASTRUCTURE 1 PUBLIC SERVICES Policy Statement 8: RECREATION: Establish the hi hes# os Ie standard of pu lic beach maintenance. _Corpus Christi Beach is a destination for visitors to the community. Therefore, maintenance services should be held to a higher standard than a maintenance services for other areas of the City. In this area, Parks and Recreation services have the potential to add to "economic development." Until the City can afford to implement a higher standard of maintenance, volunteer support in the form of park cleanups should be integral or even an essential aspect of providing the service. Enhanced clean-up should be conducted prior to, during and following peak tourist l holidays and vacation season. Policy Statement 9: PUBLIC EDUCATION: Initiate a public educationro ram p 9 focusing on community pride including the elimination of quality of life crimes such as littering and graffiti. A "Crime Stoppers" style program should be implemented encouraging citizens to report littering violations. The installation of video cameras should also be considered as a littering determent method and public signage should indicate the penalties for littering. The City should continue to aggressively prosecute these crimes. Policy Statement 10: POLICE 1 SECURITY: Continue the neighborhood patrol program for Corpus Christi Beach. Police service in the Corpus Christi Beach area is integral to the economic success of the area. Without enhances police protection services, destinations in any community cannot thrive. Coordination between the Police, private security and the City's Parks and Recreation Department on litter control and enforcement of vagrancy laws is critical to the success of the Corpus Christi Beach destination. Page 7 of 8 Attachment 3: PIan Text in 81/2x11 Format -174- i l Policy Statement 11: STORM DRAINAGE: Develop a specific Drainage Master Plan for Corpus Christi Beach. Evaluation of the existing system is needed to identify problem areas for drainage and recommendations for solutions. However, the only practical solutions may be to reduce or mitigate drainage problems FINANCING Policy Statement 12: BOND PROGRAMS: Obtain bond project monies for the Corpus Christi Beach area. The City is currently on a four year bond program cycle and scheduled for bond programs in 2012, 2016, and 2020. The Corpus Christi Beach Association, the Texas State Aquarium and the USS Lexington should present a united front to obtain these monies. Policy Statement 13: The City should create a Tax Increment Reinvestment Zone (TIRZ). After commitment from a major development, ranging from $25 to $50 million, the TIRD should be created. The revenues should be used for funding public improvements. aPolicy Statement 14: The City should consider creating a Public Improvement District (PID) or a Municipal Management District (MMD). A PID or MMD should be formed for upgrading substandard or non-existent public improvements. A Districts a +n n nr uUX 1CIa. L _,_ Cly/� of the nrnner�ic _ nro��#�w�#h an a►C�C�u,.�,.,�� ? . _.. p- ..a.�. owners serviced agree to an increase in city property taxes, the revenues can pay for public improvements. While the increase in taxes is not usually popular, typically the property owner pays only a portion of the total cost of the project with the city covering the remaining portion of the project. Policy Statement 15: The City should aggressively pursue grant funding for Corpus Christi Beach projects. Plan Project Priorities 1) Develop Paradise Landing and Observation Platform. Paradise Pier was once a major attraction on Corpus Christi Beach and a new landing and observation platform would provide an enhancement to existing beach activities and a potential new destination. 2) Reduce street flooding by cleaning out clogged underground drainage lines. Determine what additional drainage improvements are needed. 3) Improve streets with sidewalks next to existing high density residential developments, next to Surfside Park and to beach access parking lots. Eliminate dead-end water lines serving existing high density residential development. 4) Adopt a specific implementation site plan for Surfside Park and Dolphin Parks. Consider participatory water features, pavilions and public art as potential Page g of g Attachment 3: Plan Text in 81/2x11 Format -175- destinations. 5) Replace the public bathrooms at Surfside and Dolphin Parks in a location consistent with a specific park master plan. 6) Develop a public pedestrian plaza at the entrance to the Breakwater Structure between the Lexington and the Aquarium, enhance the Breakwater Structure with safety railing, lighting and a wider sidewalk and widen sidewalks and add on street parking on North Shoreline Boulevard between Pearl Street and Coastal Avenue. 7) Develop an ADA accessible sidewalk with lighting and a fishing platform on top of the Terminal Groin next to Dolphin Park. 8) Construct a new groin at the north end of Corpus Christi Beach to reduce erosion, capture sand and to create a new beach with a protected water sports area. 9) Create a regional Birding and Ecotourism headquarters at Dolphin Park. A. Enhance the three major wetlands at Dolphin Park B. Create trails and looks outs for birding C. Seek designation as the Texas State Birding Center 11) Create large, attractive shelter areas at Dolphin and Surfside Parks. etc. along the beach walk and in Dolphin Park. 13) Pursue state law changes to permit Las Vegas style gambling on Corpus Christi Beach. 14) Once a major development (25 to 50 million) commits to development, create a Tax Increment Reinvestment Zone to "capture" the increase tax value (the tax increment) for funding public improvements. 15) Update the CR-3 Resort Commercial District and then rezone the area south of Surfside Park to the CR-3 District. Create an architectural zoning overlay district to promote a consistent coastal architectural theme for commercial and residential properties. 16) Preserve physical and visual access to the beach along streets which terminate in public beach parking areas. All other streets not on the City's Transportation Plan maybe be considered for closure on a case by case basis at the request of the - abutting property owners. Adopted by City Council Ordinance # on , 20 T. H.U.D. Community Development Block Grant monies were used to partially fund preparation of this plan. For more detailed map information refer to www.cctexas.com under the heading of Comprehensive Planning / Master Plans. - Page 9 of 8 Attachment 3: Plan Text in 8112x11 Format —176— _ CORPUS CHRISTI BEACH DEVELOPMENT PLAN September 2011 Planning Department } Photographs Donated: by Third Coast Photo & The Texas State Aquarium { Page 10 of 8 Attachment 3: Plan Text in 8112x11 Format —177— 1 Attachment 4: Ordinance ' 1 1 Page 11 of 8 Attachment 3. Plan Text in 8112x1.1 Format I -178- Ordinance amending the Comprehensive Plan for the City of Corpus Christi by amending the Port/Airport/Vlolet Area Development Plan area boundary to delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central Area Development Plan to the Corpus. Christi Beach Development Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for severance; providing for an effective date; and providing for publication. WHEREAS the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the Corpus Christi Beach Development Plan as an element of the Comprehensive Plan of the City of Corpus Christi, and related elements of the Comprehensive Plan; WHEREAS with proper notice to the public, public hearings were held on Wednesday _I. tL1� 22eetin of imp- : �.--19 :.. - _. November 8, 2011 during a meeting of the City Council of the City of Corpus Christi during which all interested persons were allowed to appear and be heard; E WHEREAS the City Council has determined that these amendments would best serve i public health necessity and convenience and the general welfare of the City of Corpus Christi and its citizens; 3 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That the PorUAirport/Violet Area Development Plan area boundary is amended to delete the Rincon Channel areas SECTION 2. That the boundaries of the North Central Area Development Plan are amended to include Rincon Channel areas. SECTION 3. That a new name is provided for the North Central Area Development Plan to the Corpus Christi Beach Development Plan. SECTION 4. That the Corpus Christi Comprehensive Plan of the City of Corpus Christi, Texas, is hereby amended by adopting the Corpus Christi Beach Development Plan to read, as shown in Exhibit 1, attached and incorporated by reference into this ordinance. The Corpus Christi Beach Development Plan will be filed in the Office of the City Secretary. J:ILISA12011 Ordinance\Corpus Christi Beach Development Plan 2.doc -179- i 2 ' 1 SECTION 5. That portions of Ordinance 022166 as amended pertaining to the North Central Area Development Plan are hereby repealed. SECTION 6. That the Corpus Christi Beach Development Plan includes a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and.grants from various entities. SECTION 7. That to the extent the amendments made by this Ordinance represent a 1 deviation from the Comprehensive Plan, the Comprehensive Plan, including the Future Land Use Plan as adopted by Ordinance 028504, is amended to conform to the amendments made by this Ordinance. SECTION 8. That the Comprehensive Plan of the City of Corpus Christi, Texas as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this, date remains in full force and effect. SECTION 9. That part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. 3 J SECTION 10. The City Council intends that every section, paragraph, subdivision, 1 c�fJ�E � 1. �110�[ hf -- - - -- - !'-F _- nrl esff - for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final.judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 11. Publication shall be made in the official publication of the City of Corpus j Christi as required by the City Charter of the City of Corpus Christi. SECTION 12. This Ordinance takes effect upon date of publication, or date of final Council action, whichever occurs last. J:ILI5A12011 Ordinance\Corpus Christi Beach Development Plan 2.doc -180- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal 3 i That the foregoing.ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: IGF- 131 -v By: Lisa Agoil ssistant City Attorney for the City Attorney —181— I 16 E cQ s h RPO AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 11/08/2011 ' TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb@cctexas.com Award for purchase of new and replacement play structures and park equipment for seven (7) City parks. i CAPTION: _ Motion approving the purchase of play structures and park equipmentfrom T.F. Harper.& Associates LP, ....__ . . ..-- -- -- - ._. _-_ with.... rnent Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 08) CIP Fund. BACKGROUND AND FINDINGS: The Capital Improvement Project in the 2008 Bond Program provides funding to purchase new and I replacement playground equipment for the following City parks as part of the Neighborhood Playground and Park Improvement Project: • Molina Veteran's Park- 1150 Bloomington • Airline Park- 2601 Airline • Turtle Cove Park-9516 Love Bird • Bel Aire Park- 1347 Brentwood • Lindale Park- 3133 Swantner • Lawson Park-2724 Rogers • Inwood Park-4821 Vestal The current park equipment at the parks is out-dated and does not meet current safety standards. The new and replacement equipment will enhance the use and overall appearance of the parks. All park equipment will be installed by Parks and Recreation staff, with an estimated completion date of Spring 2012. —185— ALTERNATIVES: Alternatives considered were that current park and playground equipment remain as is or to internally develop concepts and solicit formal bids. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY INON-EMERGENCY: Not applicable. i DEPARTMENTAL CLEARANCES: Parks and Recreation Engineering FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS j Line Item Budget $0 $450,000 $450,000 Encumbered 1 --__ - --- This item 0 77,718.28 77,7'18.28 BALANCE $0 $372,281.72 1 $372,281.72 Fund(s): Parks and Recreation 2010 General Obligation CIP (Bond 08) Fund Comments: The cost of the play structures and park equipment is $77,718.28. The CIP fund has $750,000 allocated for the Neighborhood Playground and Park Improvement Project, of which $450,000 is budgeted for improvements to these seven parks. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI-0026-12 Price Listing Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —186— CITY OF CORPUS CHRISTI PURCHASING DIVISION PLAY STRUCTURES AND PARK EQUIPMENT BAYER: SAVANNAH CRUZ TEXAS LOCAL GOVERNMENT COOPERATIVE CONTRACT#346-10 DATE: NOVEMBER 8, 2019 T.F. HARPER & ASSOCIATES, LP AUSTIN, TEXAS EXTENDED ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE MOLINA VETERAN'S PARK 1 Burke, Sportsplay and Ultraplay Park 1 EA $10,887.92 $10,887.92 Equipment AIRLINE PARK 2 Ultraplay Park Equipment 1 EA 3,774.00 3,774.00 j TURTLE COVE PARK {I 3 Burke, Sportsplay and Ultraplay Park 1 EA 7,502.92 7,502.92 i Equipment BEL AIRE PARK 4 Burke and Ultraplay Park Equipment 1 EA 3,960.84 3,960.84 LINDALE PARK p- -..._ ._ LAWSON PARK 6 Burke Park Equipment 1 EA 13,036.00 13,036.00 INWOOD PARK 7 Burke, Sportsplay and Ultraplay Park 1 EA 5,323.84 5,323.84 Equipment I 8 Freight and Supplier Surcharge 1 EA 7,476.00 7,476.00 TOTAL $77,718.28 i —187— _J i I { . l1 i I i ,�gvs o AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 i DATE: October 25, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 1 Lease Purchase of Tractor and Flex-Wing Cutter i 1 CAPTION: 1 Motion authorizing the lease purchase of one tractor and flex-wing cutter from Lansdowne-Moody Co., L.P., Houston,Texas,fora total amount of$80,000,of which,$18,541.55 is required forthe remainder of i=Y2011-2012. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). Funds are available in the Airport Fund in FY 2011-2012. BACKGROUND AND FINDINGS: The Aviation Department is responsible for mowing the 2,500 acres of land that comprise the Corpus Christi International Airport. This tractor and flex-wing cutter will enable the Aviation Department to regularly mow this acreage in compliance with the requirements of the Federal Aviation Administration. i The current tractor and flex-wing cutter are 1989 models that have been in continuous service for the last twenty- two years. This is a replacement to the fleet. ALTERNATIVES: The Aviation Department could continue to utilize and'repair the existing twenty-two year old tractor and flex-wing cutter. However, in each of the last two fiscal years ending July 2011, the Aviation Department has spent approximately$5,000, on average, per fiscal year on repairs. Thus, considering the escalating cost of repairs, associated down time and the considerable age of the equipment,this alternative is notthe most cost-effective and Wil inhibit the Aviation Department's ability to consistently comply with Federal Aviation Administration requirements. OTHER CONSIDERATIONS: This tractor and flex-wing cutter will be funded for a thirty-six month period with an estimated interest rate of 2.75%. The actual interest rate will be determined after the City accepts the tractor and flex-wing cutter. The total estimated annual payment for the Aviation Department is $27,812.32. The total estimated cost over the thirty-six month period, including principal of$80,000 and interest of$3,436.95, is $83,436.95. CONFORMITY TO CITY POLICY: The tractor and flex-wing cutter will be purchased through the cooperative purchasing agreement with H-GAC. H- GAC acts as a purchasing agent for participating members through the Interlocal Cooperative Act and abides by all Texas competitive procurement statutes. Therefore, this purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable. --191- DEPARTMENTAL CLEARANCES: Aviation Department j FINANCIAL IMPACT: I; o Not Applicable J Operating Expense o Revenue ❑ CIP Project-to-Date Fiscal Year: 2011-20'12 Expenditures CIP Current Year Future Years TOTALS F Budget $0 $25,896.00 $64,895.40 $90,791.40 Encumbered Expended Amount $0 $0 $0 $0 This item $0 $18,541.55 $64,895.40 $83,436.95 BALANCE $0 $7,354.45 $0 $7,354.45 Fund(s): Airport Fund Comments: Lease payments are expected to commence on or about December 1, 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. AEiproiiais: Brian Narvaez, Assistant City Attorney --- - -- --__-------- Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose,Assistant City Manager Fred Segundo, Director of Aviation —192— 1 1 CITY OF CORPUS CHRISTI PURCHASING DIVISION DATE: October 25, 2011 BI-0023-12 BID TABULATION TRACTOR AND FLEX-WING CUTTER Lansdowne-Moody Co., L.P. Houston, Texas Unit Extended DESCRIPTION Q UNIT Price Price 1. New Holland 115 HP T6030 PLUS 4x4 Cab 1 Each $59,488.00 $59,488.00 Tractor; Two-year/2,000 hr. bumper-to-bumper warranty 2. Rhino FR240 20' Flex-Wing Cutter with Chains 1 Each $20,512.00 $20,512.00 TOTAL AWARD: $80,000.00 -193- 3 JI I I I V T 18 SC C A AGENDA MEMORANDUM v for the City Council Meeting of November 8, 2011 dHPOA � xs52 DATE: 10/10/2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris /'t Au;. G• michaelmo@cctexas.xom 826-3461 Rene Mediola renem .cctexas. am AA 826-2503 Renewal of Lease Agreements for Juvenile Assessment Center and Municipal Court Offices at the Wilson Plaza CAPTION: A. Motion authorizing City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three, one year extensions, with Wilson Plaza Carancahua, Corpus Christi, Nueces, Texas, Suite#105, for $4,802 monthly rental payment, for the Juvenile Assessment Center. B. Motion authorizing City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three, one year extensions, with Wilson Plaza Associates L.P., for approximately 4,710 square feet at the Wilson Building, 606 N. ' Carancahua, Suite #113-A for $5,800.45 monthly rental payment to house the City's Magistration and Detention Center. C. Motion authorizing City Manager, or designee, to execute an amendment to extend a lease agreement for two years with an option for three, one year extensions, with Wilson Plaza Associates L.P., for approximately 5,443 square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house fhe Municipal Environmental and Juvenile Courts. BACKGROUND AND FINDINGS: Each lease provides janitorial services for suites and common areas, trash and garbage disposal, provide restroom supplies and light bulbs, as well as utilities such as electricity, water and sewer. Assigned parking spaces are also designated for each suite. The City's Magistration and Detention Center (CDC) began operations at the Wilson Building, Suite#113-A on September 11, 2004. The original lease was executed on April 13, 2004 for the CDC expired on August 31, 2011. In an effort to align all three leases, we are bringing all three forward at this time. i The City's Environmental Court, with Juvenile Court attached later, began operations at the Wilson Building, —197— i Suite#113 on.September 12, 2006. The original lease was executed on September 12, 2006 for the Courts expired on September 30, 2011. On March 23, 2010, City Council approved a 17-month lease agreement at the Wilson Plaza Building for the ' Juvenile Assessment Center(JAC). The move from its original location on Enterprize Lane was made in order to be near the Juvenile Municipal Court. The original lease for the JAC expired on September 30, 2011. ALTERNATIVES: This is the most appropriate option for Municipal Court and the Parks & Recreation Departments. If the lease extension is not approved a new facility will need to'be located, built and/or modified for the Municipal Court and Juvenile Assessment Center to share common space as well as to house the CDC. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The City Council must authorize the City Manager to execute a contract or agreement that exceeds $50,000. i EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: 1 Parks and Recreation Department, Municipal Court, and Legal i FINANCIAL IMPACT: _Pperatigg,Expense Project to Date Expenditures Fiscal Year: 2011-2012 GIP only) Current Year Future Years TOTALS Line Itern Budget $217,085 $201,598 $418,683 Encumbered/ $41,287.03 $41,287.03 Expended Amount This item $167,998 $201,598 $369,596 BALANCE $7,799.97 $7,799.97 Fund(s): . Comments:Both the Parks and Recreation and the Municipal Court Departments have funds for each lease programmed into their respective FY2012 operating budgets. Each contract has a clause subjecting rental adjustments based on the Consumer Price Index on the 1 st day of January of each year of the lease. This increase has also been programmed into the FY2012 operating budgets. RECOMMENDATION: Staff recommends city council approves motions as presented. LIST OF SUPPORTING DOCUMENTS: (E.g. contract, resolution, ordinance, bid tab, location map) Extension Agreements and Leases Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Margie C. Rose, Assistant City Manager —198— STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT PARTIES: That on this 27tH day of September, 2011, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Co[pus Christi Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and 1 conditions herein and those set forth in the previous Lease agreement dated March 3, 2010, unless otherwise agreed herein, the demised premises described below. A copy of the original, March 3 2010 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza Suite No. 105 Building street address, city, county,.state: 606 N. Carancahua, Corpus Christi, Nueces, Texas. Net rentable square footage of 4.802 as defined by BOMA standards of measurements. rs firm commencing on December 1 201, and ending November 30 2013. 4-. RENTS: Rent shall be4 86..E 02.00 per month, payable in advance, on the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county as may be subsequently furnished by Landlord for such purposes, 900 Wilson Plaza Vilest. Corpus Christi Texas 78401-0669. Rent received after the first shall be deemed . as 0; tie event any rent payable pursuant to this Agreement is not timely paid and � u �€or a period of ten (10) days after payment would otherwise be due, then a late r payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. USE: Tenant. shall uso,-A ae premises for the following purpose and no other (nature of Tenant's business)'"@bi a Assessment Center JAC 6. TENANT BROKER: In`the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. —199— I EXECUTED this the day of , 20 Wilson Plaza Associates, L.P. Landlord: Tenant: Focus Investment Co. L.L. General Partner By Herman A. Parker i Date: Date: i 1 - -200— I EXHIBIT "A" 1 LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Re-plat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. Nine 9 Ten 10 Eleven 11 and Twelve 12 in TRACT 11: Lots {2}, in Block Three (3), Four (4), i ( ), ( ), ( ) ( ), Block Three (3), of the BLUFF. PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest corner of the R. M. Kleberg Tract, for the northwest corner of this survey; 1 F1 boundary line of said Kleberg Tract, and with the general course of an old b6ardlence, 301.76 feet to a one inch iron pipe in the-west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast comer of this survey; THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 3120" West parallel with said south boundary line of Block 3, and north ' boundary line of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. —201 } i 1 EXHIBIT "B" FLOOR PLANS i 1 #105 ■ g IL 11 ■ .QAC� C I -202- EXHIBIT `°C" LANDLORDS'S IMPROWENTS Tenant accepts the demised premises in "As is" condition f - i 1 i —203— EXHIBIT "D" RENEWAL OPTION At the end of the original lease term, November 30, 2013, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the lease term. The terms of this lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. i i i i —204- -, STATE.0, TE NOW ALL.Mr :�Y THESE PESEN�'�. GUIq*QF NUI=CrzS L�ASE AF ��dl�i�T Y THSMRISTI AND WIL N PLa�IZA. S> DSI TE L,�, That tori this, days of1aC1,2010';LAT1tLRQ, INon Pl�i � Aar+iat[ c I P , AND:'T'-E �fy Ezu;�. b � far;lend in o n �dera oto Q tlZe stiff #'T-E i�LC�l�1.Af S ( Q and ether g. n. val�ial�le consideratit�r� �rtd`the mutual couenents antl agr��ments haretn eart.#eme--t#�e recetpt,.antl I�flid nq.y. .of which is :;hereby expres Ey'.acknowledg$d, Landlord hereby e e ,; d ml a and .lets o to Tenant, and Tenan# hereby adepts the Qemised P�'emIS to have and to tzold fv:>•the lease#e grid up 5 the terms and onditibAs hereinafkeC:stated.and:B reed.to, v vv�t [] P1N#TlDNS A" D..BASl I I`3VtSlC NS Tkte fotlowin defriitions and basso pro�is�onS shall be e nstrc ed to onjUn+ct�an rivltll grid lirnr#ed bar:the ri ferenee the�`eto i ether ro kions cF this lease aAd th 1* hthits attached t ereto :74 andlord-.. �Isin lazasst.� "Address 60 N :b4rancaru # [0 Gornus I✓hristi, TX 7 : 4'Addr ss" (o} "{ errtlSad Rremises" Ap roxir afely'4,80 net rent0 a squ fee#:�n the VlCals�n Piaxa ars add tiona jhe City af:Cor us Cl�rlst1, [�ueoes county, Te�cas, . see l=xhal3lt- "�," Legal lJesorip#ton3, adsress t�#such premEsas being shrnrn anc! autlmed art attached Exflbl#° " fid} '►Lease:Temt" A period of rr.enths=,cemencin on tNay2t?1Q aid ending , R'1 F DFl �:T ted BasiC.:Rental l� total �� dnsi_4ii1�00 it rsl laayable t �lll�lsan P#azo, SDI; N. .Csrancaf-ua;: * -0, Cat us Christ!, Nueee County, Teaa� in rnnnthly arisAmnts cif $ 2.QQ �n aduanca;'�fur�rlg the ]ease terra The f�v��ll be a $? .Q�eharge'fol"aril ehaclts returned:for nQh suffic�ertt funds Any pel7altres f�3r date payrels by the City ireor�erried by the Teas Gq�ernnient Cade f� '_'Prepaid Rental"r representing p; yrner�t fl#Cental fcr the first n7onth cf the ease term: Security Dep�aslf": $Mo;Securitji Dep is on file and.narle �s regal e,d and"Perrnifted l]se" .luil Assesmntr 20 • ADL QRD`5 SERVICES T® TTNA N7 ar Elpr�ai seruEce (seven days a W60k) between &.001pm & B mash and gatba�e:ctlspoSal C Provtde ale %gate res trops" fac�litEeS t rnaintam end Ile o such fad`llkjes sjnitary and 1n: operating ooriditEorprow+ �ng, ul�flc�ert sup ljes (soap, taalet tissue,tQweis and d"rinfec#int) D Marntaln, clean and.keep all entranceuvays, Balis and hallways free of unndcessaly abstru tioh$,# �well lit E t.jg,, ing Nttares sf�all be main#sinal; including the rep lacemen# of #luorescehti tube of proper wattg�: f Mam#airy arxd:�ceep in good;:repair..the roof aril extefivr of the biluin in whroFi the dam+sed. rerrilses are IQcata ar�d to-pain#ain and keep mora[ repair all side°�+vslk5,r�vallways,- �rarkrng areas, lan�ate streets, rods and alleys that gre a part of the develapmeri# :G ElectrEcity, Wafter arltl sever Failure to dny'-gden#°to#urrtrsh er any stoppage of these defined services, or.:from;any cause, shall I' np rangier t_andlarrl liable in any respect :for ;dernages #o epther tersor�. or proger`ty; ftor he clnstmpd as en evlct�on of Tarrant or an at3atmert pf rent, or r$lietre Tenantrn ful#illmeht of ar y covenant nor agreerrient here�o# Landlord, ware responsible, sholl:use reasonable drlBence. o rens#ate._any tcrmmated saivicea listed abovepromptiy, Taut Tenon#shall haV no cllm whatsoever for: rebate of rent lr damacdes .an ac ouot of any n erruptlpna in service oc sioned thereby dr_ c']tl # .fJuno"F �:FA }f agreetnent$t covenants, rules and.rr� ule#ions,arejr�';eontPine i ah d agreed ta..by Tenant PAVENTS Tenent will pay all rents and sums �tovided to be paid by Tenent l emuntler at the #�rrjes and in the nar. r�nar :provided, The oblrga#ion oft Tenon# to pey resit �s an mepentlnfi covenant and no ac#.:or circ�rmstance whatsoever, . hetheruct;act lr.cicrnstance constitutes:a. breach vl covenant hY Lard.lQrd or not, shall releasa Tenant of file obl�gtlQn.t pay rent,eiccefi e.Pre ssl rourtled t�+ererri yP ndlo QiVSTRIUGTI N O Ih1IRR1JUENIEN'1"SLard shall propeed #o loristruct the Dernised Prerr�rcas,inamplrance w4th the rlesorrption of#lie Landlord's.workattached hete#o and oon;tnrct the improvements rn.accordance withf�e coristruc#on plan, appKovad:ar both parties and attadhed h -eto es Eibi# " ?" Any differences befanieenxh�bMt:,.D and exhibit D, lxhcrt will.goverr�, PQSESSIN .The par#�es herelQ ant�crpate .tha# the leafed premises vvill,be ready fQt Tenant's oeeupa cy ort Q r. If the teasel remise ' re riot read far'oCcupanc pn P Y yR1.2Q'I#�, them the com�n'cr�cemen# of:this lease;.'shall be extended until the leased premises are ready fpr Tenant's ticaufaency of which tune:#fie evibnts:calle :for hsre�r� sl all t e In If the leased premises arenot reedy far Tenen#'s oocuparcy on or}�epre D;;Q`l �(19�, aril sud1 delay rs not.due:to default pf Tenant; tleri,Tenant sha11 hate therght to d�ecere till$ lease caroeled If Tenant �e1ec#s`,to e ercrse its right of tetm�natlan, Tenon#.shall ;trot hava any ola_ agoinst Landlore.for breach`of contract, ama9es or.ether5tise, Arid Tenant's:only remedy shall be cancellation of ths lease l'nor to exercisn� the op#iQn to termrnafe this Iease, Tanart#shall give Landlord tlays hgtice Rn Wntfn In advanm of its interitfnn to.exeiroch ooti4n I the leased.pre uses are rad -or,Tenor is occapandy prior.to ,the end-.of said efore..notice, of cancellation rs:actually :2 f�6,'; i'eceied tryarldfor�i, #I�en th,s''tease shall rtiot be'canceled bd#sha11=rerran In,full force and effect l.f pbs . ssion is#aken prior#o crimrnencenien#Mato, then the Fent shall b :pro rated NET REi ` 1BLE'AIrEA The. #errh "iV6# rentable Area f N � as used`,herein sha11, rafr fa all floor areas within the inside su. ce of the,e erior:wall hcioslrig#i�e-.pgrtio i oi~th leased preMaps ..; and measurEd tv the mid point:of the waf(s sepafating:all ata:leased by or field.for easeto other tenants rs from areas devoted #o crnrrtdor$,:'elevator fgye , restrooms, mechanical ro oroms, janitor dose#s budding stairs, acid other sirrailar fiadiiities:for us;K o€a I #ehan#sf;the bulldtng (hereinaf#er celled "Cot mora At'ea"), tit IriufuriIng a prQportlbnate ortian.4f the Comrriort Ai'e fad or e u l to °� ofthe # as :prer�nses square footage excluding suchornron Aria alldbattt�t� No deductions frvr NRS►artw mtde:for cournns or prdjectiols necessar to tftebutldliag GQMM04 ARE, i111A]NTENANE' Tf�e �oiramonrea;is the dart a�f`the office building deslcnated by f,arilord frarn ":,7'ie tQ rime for,, r #ire:common ose of.alI #enahts, Irlaluding among other facilities, .sidewalks, lands ping I rk s, loading areas, private s#leets ai d alleys, IrgF tlrig,taciI ties, hallw2�ys, .'. rtstroas and o#her areas andirnprovemnts povidea by Landier* for the comrn00` use rt all Tenants, all of which shall biz $ub)ect to Landlord'$ stile mariagemant and COtIVOl .and OWl be Pena#ei rrlaintained in such a manner as 4ndlord in i#s oiscretgn, shall determine; Landlord reserves the right to ohanige from tirnp;to#tn a the imen'slons and locations of Gommon.°/�ress:and j t4:construe# artdi#iarial bu�ldinge#:Irld to elirnmate bt�ildirts trod the plan as shown pM Exhibit"i !" Tenerit and Its ens Id ee subten is lieggi? airy - , not solicit business or display lnerchaltdise within lapmmon area; rd>Srtbut :handblls#fadrein;. qr take any action; Which.would.interfere with tie;fights of the;persi i is to .use the Catrimon Area r+vithait.fhe prior written consen#of Landlord Landlord niay deem �# at-y#o prevent the fubllc firom obtaining prescriptive rightsto make re{�:airs or,.alterations ,R AIRSANO ISE E[ TIYertan# will a# ` narit's own cost end expense, repair dr repface'any dimage.or wnjury darie to:buitding or any part thereofy. ei�an#, tee�a #'s agorits, employees,:and J invitee, and rf l�et�ana�1s:to mare ataofr repairs or replacer ehts promptly, or wlthm:ti#eon days of occurrence, .Landlord rr[ay at its i pt on,, make such repairs or Top lacernerits, and fiariant sFi it repay the cost therer f to Landleid ondemand Tenan# will no# irpmmit or:allow any water. ' t amaga'ta be':ooL.l�-im`ft' d;on any portion of the i dmfis.d Prertiises, arld slZafl, at'termination:of;t l s . lease, by lapse CQf tlrl'le oi`otherwle, deliver up said:premises to::Larldford In os go caroitlon as a# the Date of possession, vidinary wear and:tear exc6pt6d, ai d uoorl terrrlination of tills 144 -e ladlord shall haUcthe right tQ re-erltar ani resume possesslQri bf the::Drriied Irernles. A5$IGNIVIEN�` UBLEtTIN� A TE CATIONS ADDITIQM IIIA?ROVEM NTS �"er,ant shall not assign er rn ar!y Manner transfer this lease dr arty'estate or interest.therein pr.-show same#n oe assigne .by aperatlorrs of Ia1►er;Qtherwise, o stiplat theerniaed Promises or any part thereof;or use or porrnii same to be used f or anti:p>�rpt3 a other#h stated In the use:clause hereof, wjtfxout written consent of Landlard. Tertian# shall not make`.or allov�to be made any�'alterations or Phys cal addFtlon :'in or:to the demised Premises without the writen eonsent..of Landlord befpre rrlaking such alterations or:ptiysical,ardItions and such consent may riot benreasonably'withheld Suc1i. aitorations, physical:addifiions, or;improvements irh"h made Ip.`the Demised Premises oy Tehara#; shad at Once.'peciii�e the property :0f Laisdlord,`and :steal! be surrendered to I�andlnrd up,vn terrfilnatEvn in any rrranner,of this Isase;-this�ciauso shall r►ot apply#o ruovabli3 fixttirs orftirniture'of I i Tenant Tenant,ean remove fixtut~e5 placed::�rl #he. ieaspd prm[ses :solely'by Tanan# sv 1png.as removal does not damage the leased:.pret�is or mala �t fess rentable, ;in L:anlarcl's opitlion Tenant canno#remove d"a'' ar Wall�.c rartr;g; 'T 111ANT tN�IJRaNGE It is a pressl ndersto�ad and agreed by the parties that`Tenan. is a self tnsureu.Texas: horhe rule ;muntcipallt .and v�til selfYlttst f a tfissff against° ail clan s, demands' or 3 actions ertsing:out of or irk c6nmctlon.L ith tho.Te[t nt s use of P(Poupat cy of 6.4 em[sed:premts�s 1 upon request;gf the landlord, Tenant calif prou�de proper:proof�i'self thsuraac�for the least;term IJSE 110#.,AT14HS SND � �lJlfCE CQVF�Ata T+�rianfi v►rill riot �ccupy�r uae or perms#ehy portion of the Bemis ed Prarntse'sto,be occupied or used fat` any btasiness. ar purpase wht�h.`is urtlewft.L in part or in`what Qr daerned,to bt~ d[sreputable m a � maiCiner; or extra hazardous:an acour�t'of firs; nor permit entirag to: lae done which w[II in _atty vuay. increase`theL. ate sof`fire inaurance on thi' builotfz ar its'corttent aryl�n tete. e�rer fi that;b ;reason of:= cts.`of.T ria t lie e. y a e n , # . r shall be an tncreasp,rn the rate af:insurance'on theu�ltltng or tfis contents created sky Tenant's acts arc©not of busmass,then Tenant harby aresrs tp nay such tress t fl$S Al fd DAMAGE �Q�'Efi�AI X ' t � l `!Y. Tenant a rses that #s use and adcupartcy b the Leasad Premisrws and suoh:other: orttaiis of the office Be lding:as it ,%authorized tQ use tandecii�e terms af,:thts Lease:s..fall be Whliy and;.at i#s own risk, Lon 16P shall cave ua�[lttyor foss:ar dar�aQe tb.;fh�fi�ur�s�rcaer ' � �tho�e ��>��PM��,t � �: odcurrmg by reason.:of th�ert, vant:lalism; fire or ether cadaity or the k�.urstlrag, stcpp[ngfi leaking water, gas sewer pipes or othetvjse,.:.riot for tnauiy pr deo#h to any; person, unless such lads, a iar ag m�ury-iat~de th is aused:.by the negligent act or omissi0h of Landlord iNIEMIiTY Ll;�IBI .ITYfiQ 1LOSSR fM�#GE By taking posessian of the C]emisec# Promises; Tenant accepts same:as staitabla. for the purppse `for vufaicf� same ire leased and accepts the bu[ld, and each and every appurtenance tf?tarewf,end Tenant by said ctwalves any anti all visible dsfects es well as defects;that am.ascertainable by the'eXercise of d[�e d[hgence :To We extetlt allowed [rider Texas saw, Tenant agrees tFta# if the'`Landlord is made a laarty td ar y lit�gatton aga�rist Tenant rafattng triroperfy loss or injury Which occurterl ort:the Clerrtised Premises during the berm of this Lease, and such propety,loss or tnjury is root caused m whole or ars P..art by. negligent ecfi or pmtssion of tandlard, 3h�n Tenant shall,`e pon recetp#'af r�asariaule notice reard[r�g cemmencmentf I[tigt[dn, fipld i_andlor harmless end PAY elf casts ecpene, antl reasonabl at.6the fens= 1! DAN1ACyE: CLAt1SE if the-demised I�rerritses or the buticiEng in,`WhicFi:the dcrntsed pretriises ala located shall i�e.:dama0edi by any mesh or cause whatsoever except as stip6latea under section for "Tenant Resppnstbili#tes,." not cauaetl or cpntr[bbted to by the negf[genc .cr fault df'fenant,`i employees, servants, ;agents, invitee or.u[sttara, and.:q repa[rs of said .damage n be reaspnabiy 4 OF -ADB 1 1 erected to tie subatanttalfy sample#ecl within ariodf thrrty ( ul'tlays �sin-0;stat�d i�y; rd wgrk�rag rnethvs ard;pro �r�ures,:indlorrt shalt within a reesQnable#irrie ager oct;urrafte of said dariiags, inter end +na> e >~epair .and this lease shat! oto# be affected:battali continue'in #oil fbca:and effect :H4weyer, if said rlemag cenriot be`:�epaired witin period of thtr {3Ci) working hays by using s andertl v�orking meths l and.procedures, then this iaase snail cease ai d terry mate:as of the date of tle t�coctrrenceF and 7er}ant Sha1I pad rent here�lydr #o such date;and immediately sutrrer� er #hie {7emrsed Premises to..: LandiQrtl if tandlard: nestores the Di tntsed Premises, ' l.endivrtl shall:uv�tilir� a reaonap?e period of time enter arjtl make repairs aril this.'lease shall riot.be afeoted exoept that ren#s hereunder shall be rQducetl crabated While:such repairs are-being made; fvr. thy.period of Mme avid m the pr porttars '#had the L?eCt°ttsed Premises are urt tenantgble tt, neuvevec, such 'damage is con#ttbuter3 to by or results:#rrsm the #auJ# yr nacligence :of Tanant Tenant's erriployees; agarics, eivan#s,:�nvi#eE or ori �#ot's,,.suCh;damage shell be repaired by�arr'c af: V expense f Ter�an#, under the control, cl�tsction and supervWon df Lang iOtd, and the ren#steal! eon#hue v+�ithaui; abateme # or re�luotion T 'OMP 0'ion flf`the fepairs of al! suoh::d6trage is subject#o reasonable delays rsu7ttn� frvrrt survey Qf such damage`, btaintng. lans.:'arid letting pntrad#s for reparn ad Justments:ofnsuranoa, strikas, aabri�fcultias; unavailabRlit�l ofriater�als other reusese�iand:the control of the party obl�ga#eLl to imake such repairs'. S.tJI Rt �4TJQhl Landlord and 7enartt agree and c venan#tl�a# etthar shall be liable td the oth",r for toss arising oWt of damage to dr des#ruct�Qn of rte Demised:Premises car contents thief'wier� such ions is oauetl b an ril inciia fit: �cas, ce artendir - - tnurance poirc� 'ftti�sreemetit shall be jrtdtng;whether or;eat such darrlage ar destCucttcn.b.e eattsed by>Zegligence bf ei#her party or their'Ag.en#s, erployees`vr visitors LAWNS ANQ RGULi4T1� 1S, Tenant w�li meintatn,the bemused Iramtse ail a clean and healthful oontli#ion avid comply w,th all avvs, ordtr�anees, rules ane reg%lat�or State, > ed@ral,;Municipal, and other agencies.-or belies l�avtng'auris tctiori .#hereof wi#h reference`=ta usa, coy d�tipns or occupancy of tieeri$ed iarernises FtULE�.:Tenant ani Tenant's e�en#s, employees ,nd Invitee will cornRiy fulljrVi#h sill requtremer�ts and rules flf the bu7.ild.ing, as set tc�th in F Mbit" '� Hereof Landlprd sF cit #til times nava the right to:Change sue rules and qg.v attcns or to ameno.#hem; in sech reasonable manner as mai be tleemed �dvtsable dor sal+ ty, calve and Cieafti ness of premises and er preseruatton of goo ;.order' #herein, =all pf which,rotes end re julattQns, c) angel, amonidn� r�#s will be forwarded #0 1"enant twfltirt ENTREC3R Fi}EP�lfS #SND INSPECTION Tenant will perrrtft!andlord yr awner:`or teem officers, egen#s and represerttattve$:nlght'to enter into and upon ariy and.all pars of the Dermisetl Premises -at., l! red, 9,00 hottrS to inspect same yr oleart: br rtiak+e repairs, alteratio or addlttons :as Landlartl may nem necessary aril Tenant shelf rct:be entEtled to ar�y abatetriertt of or reduction:,n rent by reawn thereof N IS�kNCE� Tenant will cQriduot ifs business and control its ager}ts, employe s and invttei5 in such a manner.as tie# to Areate a. nuteance,`Interfere with, annoy br�Isturb ofher:ter�en#s or Laecfoid tri. the:;managetx�er#pf.fide building —2p9_ 1 i CPNREMNA3IQ1a1� should the Demised Prer rises ar the building be taken ar condemndd In whole or;ir1 Dart for publiiy;:purposes, thea the terrri of tnis lease shell, at:the option of tha Landlord, 4orth►Mth':te0mirate Landlord shall teCeitire the en#ire award froXn such.taking and 7pjaant shall haye nq:i;laiM P. 'a I YEF In erase of holding aver by 7enar►t after a "ki ion ar :terminatlon.of tl�is.lease, or of.:any renewal or a terrstorj theriaof, 7enan#'uvill pair as I�q "detsd damages doubli� rrsn for tf e 1 er the hQldover-pe r�od.and A+if! payl all att he'fees ei�d expense$incus ed y t.ar diord in �rFor in 1 its rights:barernter leo holding over by tenantftef #lie tefc of this leoe� as. sroh=may he reviewed ar exta�ided; itlYer:-W ai withbu consen-an d acquiescence i f UMdlord, shall operate to eerjd this Isast+ fQr a longer period than ©nal month:unless a hoid:awer,.agraemtyrtt iii wriliig s 'ecrfia ,:a loner prod. An}r hatling ager with the odrsent o lean ldrd tr :wr�#ir:g (urifes such col sunt.Shall s aecify..a lamer per pd)shall thereafter constitute:this 95:4month bQ'hip to a negotiated rate APRRCPI�IAl'IQiN CLAUSE. All laarties recognr a that Lha corltinuati6h of this lease agreerner t after the close bf a fiscal;. ear iaf C `whiof fiscal earehds on Jjljt �1 p eairh:. ear .shrll be Ay Y y,: Y y subject to appctpriations anal budget approval providjng dor coermc this lease agrearrtent assn expenditure in Sairi tudget City does riot Terser}t khat the budget ltern uulll:,be acrail edvpted, said detormrna#ion #�eing ithm the sole disi notion pf the .City bunch at the tirne!of ada ption of GRvply--rant- i #e-r o t eL.. aopropriBort of:funds for this lame agreement by the City:of Cprpus hrjsti. : If tha lease':is riot ai budget item forAhy' fiscal year, then this`lease termnates.;luly 1 of the last:fscad::.jrear:ficir vuhich lease fupds have been:appropna#ecl . RENT,,4L AaJIJSTNIENT� The T or thly rentat#6ft) the enrtiversaiy date of this lease td December 'lst of subh calendar year Shill be'as sof torch:it {�aragrapl te} Definitrdns ano B;� is ProYisions pf this :.lease: Effec Live pn the first day t�f �fanrfary ref-the cacondor year;immediately following tie anriivarssr Ysar of`the execution of this lease and eecfj January€first of,each year duni�g Lire term of tFiism ae, an adjusfinentf the rnontfly rehtal strap#ake.place :Such adfustmentshall be based - upon the area#er of taj the i ousto Texas, d'Qnsumer Price Inc ex S PI t'ectior€ f:below) or�a3 the :prorated sh;iire of Actual Expense nbrease of taxes; nsiararrce grid utilities Sear Section:ll C: below Noinreverk i no event shall the Tenarnt's Terri bie jricreasod in Lha sarrre year by-both #die Consumer,Price lndex.trrethdd ancl:the'Actual` �cpense Iritis ase'rte# odt' 1 CONSUMER RACE iN, �ri,the 'est day of Jani:sary of each`jiear rei'erenr d aboue,.#fte Consumer:Price.lhdex all�tairis, U5 , 1967 1l)t?, (or the ri~:pla 'ari$urhe = Price Inde has beers ikonmpared',to tine Inde>i.bn #iii; origin atiori.date`of this:lease; and 'ariy increase will:' be multiplied again;at the monthly rental: set ;forth. in. paragraph {e Diefinitio:ns and Basic Pravisroris,;to deterrnma tho monthl, rental rate far the next ensuing jronths (January t#ir4ugh ar1d including Docern o 11 ACTUAL ':EXPANSE INCREASE. Effec#eve pn the 1st::day of January of each year references" above, the total.`expense o taxes, insurance' and :stilrti6S; for tree niontls ;of January thrcrugh.and including December or the previous calendar year'shall be compared: to the to#a.l.expe nae oaf taxes', ;rlsuranpa:and utilities,.(whl h rnaytae required Lo be e5f matetl by Landlord} f, t : months (January- through and inclpdmg :lirtcerrbet� and trrir 21Q Tenar]t's mon#hly rent sash bo �ncre'ased I3y /'! #h Qf the Tenant's prorated Share of subh.. noteases in expenses Tenant's prorated share shall 1 e deter nlned;by d vtdmg 7enaht's r et: b. {erttabte space by'the #otal # rentabfe space ip the ;1t�lidrtag lra:the ever[# that such ar} increase is due antler this fuse, Landlord inay rip#ify i'encnt in v�rit'ing of qny seaCh increase in theontfirly rent,wh�oh will #hon'becolrrle eflebt�ve for tl�e rrionths of Jarauary.thrt7ui and including Decembar of .the applJca Ie aalondar;year 1n the event 'ar"Mdlard'tads fpr any: reason°to ngtify Tarrant of the.:increese, dr:,If sdob merease is no# le err ir�ed tan#il after the est day of Janua[y of the:effect]ve calender yoar,'such:mill net abate ar tnraive tha additional rental sums dLw.Landlord a 1d. Tenant shill pad a]I s oh sUM9 upon demand: The tern`: "calendar year. as. used herein means for the .hcnths of January through aiau triol ding December df:the year affeoted:by#heancrease By uay df a example oniy, rt a lease is ef#ective On Odtober 1, 1g� thtvra nn January 1, 7 $ the : rtianthly: tante! rate::shall:,be tripreased based upon oris of -the rethods desonbed:above, the Consumer Price lndek methactt#hectual Expense [ rea5e:me#hod)for the calender year. :l TMN7 flE � 1LT AlQta77"N1EilESi The fc�llowtng e�rents steal! be deemed: to be events of Default:byerlant under this lease �1} `fenarat shall fail to pay ariy snstalln7erit a1"rent here underan such:failure shall cont�nuE for a period Q€ten ::- � 1fer1 ' =C �1twH�t^h iG.f�4VBIEi�1C] tn�ranra Tenar ::shall:fail ta:camply with.:any term, provIsiart or covenant of this lease,:arid shall.not 1 cure lush faifure wither# tk �rty { Q days, after written notice thereof#a Tenants d Tenant E steal! Clot have proceeded with a!1 due d�l�geri a to ogre;such failure.on such a;m:anhe that: such faifure is cured its any event +ithln rw�iety (94� days, after uvntten.erratics_ thereof to Tartan# i. Tenant ar�u rants of Tenant's'obfIga:tph lander:iters lease shall became insolvent yr sha1l make a transfer in fraud of creditors, or .shall :make:artlssrgnment for the :benefit of crei�IL ors {4� Tenant or arty guarsntar oaf Tenant's obligations ilrider this lease shallfe a petitian under ariy sewn ✓chapter of,tf�e 1Vatianalankruptcy:�4ct, as.amerpded, or arida✓any.;simrlar:'law or..sta#Ute of tie United States ter any state thererf, or tenant,or ariy guarantor of Tena #'s vpligatlans under thin loos ( reteirier of Trustee shall be appamted far the lemrsec1`lremses or for all or.substantially. all;01°the assets of Tenant,ar any guarantor of Tenant's obligatloris arida✓this least✓ � ) Tenant shall desert or vacate phy. substantia].po- ion of the prernises Tenapermit to be done ariythirigY whish creates a lien u. :orr the;:premises. Upon #l1e,occurrence. Of any such even#s of:tlefaul#, Landlord .steal! have tle option to pursue arzy carie ar :✓note ':of #he..following descnbad rerriedies; m additivri to a!I Qther rrghfs and .;remedies provided t laiti'0 ir:eqyWthbut arfy,notice ar demand:whatsoever Vk) Landlord may;:declare this.:lease.terminated by givrrig notice to Tenantof Lite dlard's selection. to<termrnate :the lases and thereby relreving Laihdlord and :Tenant !ram fuMer habi.lity hereunder { y ' 13 Landlard`ma terminate this Lease regiment aizd the terms created thereby and forthwith 7 1 _ . 2 ropossass the C�emsed Premises, wEth or withoutrocss cf low; and:rernae all persons ar property#nom the Di?n�rsed Prerhl§es vithvut ben deetried guilty m. respass�ng-'pr v��#K t prelud�cir to arty otFir rerr+e�lyf Lendlard for'suoh default Upon such terrrzr�atEc�n=.l_andlor�! small be enf�tled to recover as damages a sum of money_equai;to ;total pf (i) the cc�;a# of recdvermg the;Dmsed Priyrr��se5, �i)the unpaid rant earned at:the t�ni$ of termlrtatiori,plus interest thereon at'tle macernun lawful rateanurn 'from flip due present 1�alue the ialanda of flee retrials deae for;the mamder oaase f tl Mterra r4 , pine interest tl ereon':at tl�e rrtaxrrn�rn #awful. rite, and tiv) pother sums: of money,and darraages owed by Tenant 6.1h .Landidt (C) 'fire Una dlord .m t rmirtate thelenaat's fight of possession (but not the lease) and tray repssoss thee: �emised Prernrses by frcit�le entry or""'de: tamer -suet':gar other►�rrse, Without demon d or notice of ar1y� tcrnd to tho..Tenan# sled -Without temp naang: this lease, en vuh ah even# the Landiard rnay, ;k3Ut shall be ph er b.. �t lrgat�vrt tb dv sb,- relet4i3e carne for the account of the Tenant for su : reletting Landlord -is ac thor�zed, but r{r�# reguJred°to daoorato car to make any, repaV-s o-arnges,> alterations or addetrvns'an ar:to the Leased. . . . Premises that::mai be nepssarjr. or convenient If:the Landlord shall fail flr refuse; to relict the dernised pre.mises, Or ff the.i r i5 c! prerr�tses are r Eetand a suffie�ent-spam sl�ail inot:be rasied :frorn:.sr d1� releft�ng to`jay..or set�sfy the':total of (i) file cost of recovery af'the denaEsed: faremisee, :(ii) the cast and expenses of s> ph decprat�Qns, repairs, charlgs, a aiteratrEuis anrllpr additiatts, (�ti) the 'npard :rent earned:at the. time: of terminal tin Qf`the 1 Tern ' rr r,------------ U nnUsC1tT #rirnn"ai th ' - date, tiy) thereserit vain:orf the balance of;the rentals tlue fist-fhe rerrtarnder of the lease terrrl, plus antrest thereorr'at thea�ciirnurrr la►nrFul rate and (v);arty other sum of money:en dsmages awes by the Terunt tai the LarndlQrd, they, in tk at evenf, tFijeTenant small sa rsfy and pay: arty defieiency w)jfch exists upon demand therefore;by Landlord The Tenant agrees #i�at t} a i.as1dl0rd.may file suit fd'rscv er any:suras fa1IiN due under the terms oft is paragrapiL h No delivery or°ri i�oVery of any portion d`uir the Landl6rd #yereunder shall be any daferese.:to ahX Wtrsequer t .action brought.#or any amount nest, theretofore reduced to 1udgemnt fn:favor o the ;landlord nor"shall.ouch telettEng becnstred as an election:on. the part:bf t( e l.arrdlord to terrntnate trt'is lease, urrle§s a wrttferr n t[c9 of ouch in#e' n ion be -i►en to the 'chem by Lartd(vrd :�lotwt#l�starioing any such reletting uVathvut ermmat1on,the or.-,.--...ay at any:time.;tti�ereafter, elect to terrnrnete thin i Or$ for previous breaq in-no euent Tenant be enfiifild -rep eive any.:excess of any rent obtained `by reletting over ari.o abgve the:BaWo`R-ental hbrelrt provided (D}` The Lralord lay take such action required tv curd tie breacf� and bel[ 'enabt for any exper�sea incurredy the iandiort inlrrng such breach,.and this Tenant stall he tibtigaisd to.pay such bill.irnmodiatel :upara':its receipt by Tesrht ATTORNEY FEES- if an account Qf any breach or:dd eu(t by Tenant init oblEgations hereunder, Landlord: hall ::employ an °attorney to�-On or defend eny of Lae lord's t� ht ar-reme ies hereunder, Tenant ,agrees to pay any reasopabie' atiarrley's fees rncurre by t.ar dloro. in such connection LATHA GE, Late Payment chanes shall accrue as authari2ed dander the Texas Gvverrrrrient erotic, e hapter..� 51, This:charge §halbe io addition to:all other rexntrdle prayrtied 2. .. .for herein . WIET.PQSS 5 1(3N l_and.lord hereby: Wye-hanfs that Tenant,. upon payirig rent as erein nese vad, and p rf raring all CoVenab s ah agrdornenrs herein containe on.pert of` ensrst;.s a11' and may Mace and_quietly_hauc, hold and enjoy the 1 erx ise d Premis 5 iUBOR©INATIO Tenant or.01 subordinates:this lease and all r�ghts,of Tenant I eri~urtdixr to any rnortgag or mortgages, or,uendor' lien or siMilar Instruments shall be supei'tor#o anis prior tv this lease 7anart further covenants ar�drees that�f ani rnortage yr ether hers holder acgu�res the ©einrsed:Iremt.ses b` fara0losurei orf;arty othertrrsc�n acquires the Demised Rrernises;as a purchaser at`any auoh iarecl�aaure sale Xany such mortgagee or othier Deli holder or puihsser pt any suirh foreclosdre safe betr�g each herejnafter:referredo es"Th'e Purchaser a# Forecbsre"�, Tenant shasll#heroa t r� t only at tf�E option of`tl a PurChaSer:at 1✓bredfQSure; a$;evidenced by the : iritten notio&b- its;election �i�an to Tenant rrvifhirt a rea3soriable time tl�are;�ftec;:remain bound by. . nuuatiorr ortherwrse to#lie sa�rne effect as:if a naw and identical lease befin+een:tl�e Purcber at Forecli ;�t�re as l�atidlord and fienat�t:as Tenant, :lied baeri entered into for the remainder of tho : tiYrm o#,the lease in effect at the institution ofKe foraclosure proceodings Tena agrees to executeany iiistririrfient or tv confinTr :a ny election to crantinue this Kasein-,2ffe t in the evstit cif foreclosure,as abt��e providetl .. :. 3EVI~ftABtLl ' : if", aJ. 1 °nsste ls�llagallirtfc�ablde♦- -- 1 presenf or future Jaws effective diinnc the te1m of this lease, then and:.Irr #Iat everif it is the intention of the parties:liereto`t}iat fie remainder of this laa .e shall net be affei{ted theroby, ani it it aiso`the iitentiQn of the parties ti,this lease that i>� lieu ofcause;br provisrorr:#hat IS„iltegaal, invl[d or : . unenforceable thea 6e oddad as a part o this lease a.clause or provision as similar in terms to -Such clause or provision s ma y be possible:and'legal, uslid and enforceable T+ a ceptian of aacli paragraph hereof is .added as a`.ria tier of oonvart ence:only and shall be :pon iderad to be Qi neo effect in:the cohstrue ton-of any provisi�in or proussir�ns of#his lease MULTIPLE TNANT If msre khan ©rie Tenant i named iri this lease, the liabilitji_of each shall be. flint ever MIG 'LA Ua Tenant shall not puce, install or operate in the Demrsed Rremises or to any part af. the: bacldmg; any:engine or machinery, ormaintain, use or.,keep, .:any intlarnrrrable eXglosivi~ or fiazartltius material.:naro arty wont causing noxious:''or malodorous fairies offaiiy:kind ..: dm rhe#saertirr without prior►�irntten::consent pf.landlard 2� Ma signs, advertisenient5 ar no#ice$ s call be:painta or fixed ori or to any windows or doors, dr.o7.th77 er'parts` of the builiing, except'of such color, side and style, and;bra suchaoas::`as ppproypi by LandlordI— L TOWI f:hall tefer all c6ntractors, contractor's reptesen#atives end ttistallaton teilhniciaris,. rentlerIng any service to f'enant`to landlord rtor Laddlord`s sup ivisiori, app o al and control. before tkie peorrmnce of.any contractual servrceis dobe Thais i.g.: :shall a f to`ell work performed in fihb building in0 uding installations off.telepi ones :telegraph equipment, electrical devrnes, and :of. acid Ihstallation6 of any nature` affecting floors, uyalls woodwork, trim, windows, ceiling eguiment or any nthr physical portit�i�s:'of the building 2: 3 j landlord shaft np# F.O. sj W responsible for.erty work or dor contractor; coratraotor's representatives, or an Cella lar .:tech icians,;uvlZo -rep-et any..s�rvices r.the 'f��tapt 6-nd Tenant �laall hojd Landlord harrF:tiess therefrom, 4,' ?irestory strips shall ba Maw w upon move �n, stnps:requested after Lar��lord wEll furtt�sh Move4 with An applacabla'charge. 5 Nn portonf:Tenant's area or any c�iiZer part of tl,a building,shall at ar�y. timee used;or oacupted as sleepirY ivartara or:Iodgmg guar#ers 6 All se roes rendered y t�iiding p r annal who is the respoftbility' of th Te-n,' t %Mll be charged at current rates,which are subject ta,,increase, with a mincmurh or+e{9}ttt�ur 7 Landlord will fiat be resp4-Jhdble for`iost or stolen pegs"M prc perty,::ecwpment, 0ph'0. or �eweliy.from Thant"s area or pUblio roams regardless of'whettier such lossocurs:when:th+s area is locked.against entry or nott 8 �1t1 plans for any impro�ei bhn s nr alterations trt2�de by Tenant and.:at Tenant's expense, must bo stabmitted 'i+or Lan77-dlord's apprc� ai. ltpQra irt.tpletJor3 of said improve men t$ :pr. .. alterations, ''as built" drawings:shall ;beitnisl;ed #t� .'Landlord by: Tetnt at;: "enart's expense 9 ' t. ndlcrd will riot permit er�trariae to Tenant`s suite lay use of pass koys car�trolled :by ," L ni rd tQ any parson.at ahy tiriie without Wfi ten pertniS ion oy 7ertsir�t, except mpirayees, :x edntracton;,tar.,s-ervice personnel:direotly supervised by Landlord, Tenant :warren#S that tt hea had no'dealing w�ti :any Yoker ar accnt in connedtiort with Lt, y y .gran! e,�,r',, i a �„ e� I�firXn nrWl 7rtr�� +31 �2 3J4r 14 + RtLOC�4TtOM fJpop at least sixty CEO days,notice to Tenant, the 1_andlord a all Clave tide fight to relocate Tenant w�th,rt the huildirig yn a r#eigriated,:space:.which is the soma,size Qr larger artdof the carnia quality and:style and suited to Tenartt'a use 8udh reiopativn shall be made at Landlord's dale expense, including n .pessary reprsratirtc of Tinant's: stationariy,, envelOpL.,$ business cards 11 door signs, sxterinr signage and tb re establis.i� the in#anion.as theirtarevious space,.etc Fent shall n t be it�preasec tf the r;facat(o- oIce.spade is larger Relocation date stta:ll be contained reivicat�ora d Ape referred;to above Landlord shall trot be I�abla to `enar�t'er �n:. onnectiort with sti h refs cotta except for:undue delay or property darrra e; caused by Landloid or landlord"s +ernployeas, agents o.r contraottir if Cid when relocation occurs, the lease'.shall bd arnended:se as tQ substItuta the nevu spaee fqr the oitl, y iVlDTEE.: Wtierteverrty Notre ar Demand_�s required or per��tted:pursuant tache terms add con drtioris of this Lease�4greement, such Notice gr.Dbtnand shall be.given or.serve in,person:or a shall be deemed t0- 0VeClean nerved, wheth -0 .1iy received or..:not; when :such :Notice "vr Demand :is,re-uded-to v *ting - d deposited In the United Stati✓s Mail, postage repand ,.cert�tied mail, return receipt request , addressed to the party:tCt wham directed es follows LAN©LR[�. TEN ►N 1' rIttCi Ditactor of Municipal Co ort -214 i — ". _ ,. .. .... ... ., ,�- , . . !:�. . .. "I % . - �. .� .. �.. -, ,�_ : " , .. � .. .". ` 'l ,- ,. - -, , . — � . . .I.- '. . - :.. L 1'...I ..........-. , �: I �,� � - . - , - � .. _ ." .. ... .. . . , , _:'. .% , , '� : , . . . .. . . . . . �-,, . . � .. - ,-:-"-�--� , -, " , '' , " , , . . � %.. � . .�.: —- , .: :: � - -, - - �� . ""'I '' I : , _... . :'. I - , - .-�:�..��:.. . .. I, 1.. ., � , - , .. '. - � _ . �.,� ��...: j: ..,�:-- - I .- n,. , , . '. - .--. Such sddress rpay from :tune t time:criange byithe .°party:I�erta` srumg Flo#Ice.asaro. �ded' ;Berea .. fit N, N' BROKi R. Iri the averrt fiotaant employs a broker'iri negotiate futuro Lease#r nsoction ,' whether exp nsron's �r renew.sls, tMe fee oharged by° the Tenon#' Broker shsil be°..paid ! tl�e enari#and trot inl:ucled:in the new,Leese ENTIRE A .8EMENT,' :It is ai reed by Tenant, eS a maierral. drisi erat[on for tL. he execution.of tl:i§ . #.ease;- ti�at. thee: are; ah#i >were; no verba# repiresentatlons, rntltrrstan Ings, shpt Iat�ons, ....greeri ents or p��:mrs�s peil Jh�ng ti�er�to not. .'rncvrpprat, . an writing herein, Ind it is j.4k�Wjse agreed: that this tease hall not be altered, waivedr grnenoed dr extentled% i thea I Harr �s pro riled h r inz except spine ma p;dans in vvntin si i*retl .. p d' . oat to i Y g g Y P `R . '"k OF LA%NDLdk.& LIEN,, Lar#dlord Miall have tl"a right to transfer acid assign, in whole or in park, alt. and every:feature of its n i s ,and f�lrg trens::.ltereuitder ar�d rn. tlje p pertY anti`:. ltalrldrn referred #o: herein Sr.uci� trahsfer5. are #© be an all things respected ,antl recognac by Tenant; QTHER. -NDITIQNS None �PARK[: i� Demr. r. %i ., TENANT IMPRQV .MENTS Tenant grees to pa.�r, Upon Gdmpl'.tl'Qn:of improrrementsr;td Landlord. $i3 66 QO in ane lump-'"::--'.'-,%L_.: rn See E hib t"C I"Tenant.: rn rnvement i vst:summary) i � - � "" "" " �'L :' �` . , . -. l .. . . I— .— ; . . ! _�'. ,.:_ '.." - .L . L . ..Ll ...:�!._, ......—, .. "..: :2.-.. �1� . , 1. '.. :',r ;', ' :-.- ' " " _ _.-'- "- ' i . . L.'. . . . _ : : L , � . 4 :,, '. . ... .r..._. s:, .'... . '-.....�.'- :. ....,: .. r -:..., I.. .. � : .;: , .. . .. r - , , ...% -, I . . .1. � V. .*L-S Ml 'Ai ii #I�is d '. ,of . I. .:I .�� ","�%, :..;-. . ".r, -:.�, ... , � : :.., ,.� -s, I. . ..- , ,. . ...I . . . .. r . . . . - -: � . - I . r.i.,:' .. I . . L �.L: . . . - .% .. �.- — . . , , � ....: ..; ,� . .. . . L: , r� .'�'. . .. .:. 1 - . — - - .. . .I ; !�� . � ... '!, .. - .. . � . �.." .L. ..._ � , . . - � � . - - - ' . -. .. '. - . . . . r . � . 1.... . .z��,'�. ..: .... .. .... , - - - �.. - �� !" , I �..L -_ : .' . . : ' � ': . . . d .' r . % FQcus..Invetrehta L L:G General,Parkner$ `Ipbort i I, Winter1. 1. x Genu %al Klan .ger SATE bF TI=XAS,,. } ;Gi31.% % 1. . UN`I OF U E C S Airs instrument Wasil :acknowletlged before me an ` � (� j-, t� .. ........�:. , Printed:namef 4-L. �� . : . . m; . .� t. .... .. I ZA� . . . Notary tory Fubl�c t:• and:for tt�e. tilt aF Tees corrSrrt�ssiar!expires Y*�11 saw i A... 31 i ` DIY C9M1188� (PIRE3 ' Dior 29, U]3m L. . �� 'OM1 - - -. .1 . . . I . I. J. . i lo,-�:�.:,:-, -— — - 11 -�:'I.:�.. � --:�,- , .1 ::. -. . �;.,� _.:.-.�:,-- L,:-,.�, " '' . .. , ,-. :. .�10. , . ...- �, ... .. . . . . . - -.- I - - : �,� . - .. 11.-,:..�,i.. ,-,-,�.�� -.� , - - -,��. ;-,,-.-.� "�,�.-: -�,--.�:i` � . � . - . . ,.'.: , : - -�,-�, , - . . . , . . . �. .: --.-� -� . .-� . .. - i , . -�, �:.. ... . ... -, - . . . , . .. .. , . � - - - , , - , ' '"' , ," " ' ., "'� , ;��-� : ..,. ...... ,, —, — �-: , - ,,, ,��-,,:.., :.......,-. -:,.�.%.�., . : � ,� �,-,,,,r-,r . . . ,... �, :.� . ...... , .� . ..- � : I - -m�::,: . . , -�.: — , .. . . .. ---, -" , .:, ,, , , . : ..,�..- . — ,�4. :� - ��, -� �, . . ,:,.... . . ;.: "! -.1. m . .... i m :1 . - ., , , . -.�..��:, , ,:-- ,-. -�,, -��:- -, - ......'.— -,--�-,----�,---,, "' ' ..: . I . , , % ,�.. I - I -,, � .. -.�. -I-` 1,,!--� "- ., .- . �� . Im., I,:- , , , , . . , .I� .�.m. . , , ,�, , , . .:� .. .. :........, .... :.�. ..--�- .,-- ,'.-.".�.":. .�..,::��.1'...,,-�-..�-.�:.. :,.;:�...,:'-�:-::.:., �..., .,� . .-.,�,� ,.-.,�,-..., ..,.;, .- --�� ,-.�,'. ,-----.-,I...` - -1, . . .� ... .:..::....�.--� -,-..:�.,.� .�. .�.�..,:�,. ", , ��,%.; :-, - -1, � .,:,k,�:.�..... , ''' , , , .-I . . ..- - ; � I.—;. .. . , � —:: :. - - — ,...� ..:,,;:,��-., .. .", 1--l", - ..." :..,- -.- - - -� � ::,%: . . . r.!,. .. . ., ., - .. . : . . .. , - - -- - � . .;: 1-.--,.�,,� j, - I.,.4- . ...: I . —� . .. VlIT�IES M�':HAND tY�ls day'3f `'`' .off CIT�f�F SC F PUS -H ISTi,T' AS Attest 1. 1. � r City, arager '` Armando Chapa . . Clty Secret �: I: pr�veds td'fiarD1fl l - ... � _ ,., ,.I.: — �. . N Atli i� RI # �.�s.a Agui , Asslstat City AttQrny �r Coin.., I� for-I�ty�4 kr 1e ! -,�W. .. ., �.1 .I � . S,Wt OF TES - } S�CRTiRr .. C i. UN .1 .PNU C1 S ` y - 51 - T- �rls1.trt�m..:1 . n as a�kl�i ad befgr�m anI . ` " .1.420 i.� b � . C!�r . Y� _. Marar::far+ i pfE % l�s. #�rrstit a Teasrr�euiirle:runic! `a1i. , q -loehalfi` fumut�c�pl! :, : .., .6 , i Lci . . � i. . . a" . - - , ... 1.1, flririted;.. mg df ovary Notary Pufi!! !n:end ..:the tit 4#:Texas My cc rnI.misslon xpl - 'I s. , i €x p; AiYCO.., ... X0 S Rr� splser2�,�Qiz ,,..; . :, 7 . y 1 n. JL ECM#BIT All LEGAL DESCRIPTIO �1. ituetad m tkie County of'Nueces, State of Texas,jt wIt . TRAGI" Lat`:None {�) Two.t �,`three3), Four t�4), I=ive (' ) and Six { } in Nixon Replat of the dots No Five:( ), $ix };: end i h# {8�; Block Three { ) BLUi`I":PORTION of the pity of Qrpus Christi, Nueces ouhty; T xast a� °prdrrt tQ thr± map:or l t ther :uf! recorded on.77 il�olurrre' Pale 313, Niap t 4, ecords;NuesQur�iy, Texas TRACT JI Lots m Block `l .ree l=our. 4 Nine 9 Te `. '1 L� . Seven' 1::an Tw' { ) { ), { � { )_ { �, C ) .. d Blocs Three (3), of the E3LLlPFR714N oe City t�f Crus Christi; Texas, as sfi�awn:by the,map lW theregf roddrd6dln,-,,lolui� 'X' Pe e:� a e:cortls :�# :e...> Ct�u ,T a �. 111 u des ttty, Texas T1 1G7 III, being 'past of the BU FF PQR'ftdN of the pity cif.Cor. ue Clar sb,Texas,as shown an #ire reap Qr filet ol; a d i jr, recorded.:rn /ol me A Peg8' Map 1~tecords,:°N eces Ci?unty, °Ti3xes: and being mare pafiulerl siescr�bedhy lUletes aril bvu�ids as:.foilcws, tori .. t✓arencahua•$#reet:. the :southwest corner + f Blbcls 3, BLUFF PCRTIi N: of the City:of Copus. Ghrsti,°:Texas and .5authweSt corr�er;vf tl e R IIlI Kleborg Tract, fir the riort- west corner aft his stirvey,:Thertce `South 8$;degrees 3'E'�2 " East with the:sou#ti bourrclary;line of said Buck , an : r rth opundary Ill cf ' Xleberg Tract,,and >rritll tl general nurse of an :vld board Wce, O1,7 fee# io a cna inch �rQn ,pipe in the west hound ry Eme of North 13i•aadway, tI :SaQtl east cpriner r5f said.:Blocl 3, the nQrtheaa# ornero#aeid IElberg 1`ract, fdr tho lortheast corner gfthis S,�lil�'ya TFIENGosith degre0'llUest with the said Weft bpuni�agr i3f Noith Sraidway; and east I�bundary Ime.of laid Kleberg Tract,;5- feet to a+ane rn h arori prpe faC the vc�tl�east dorner of this wrvey ; t THENCE I�iorth 8 degrees 3 ' t}"West parallei with aatii snuk boundary line of .lck 3, and north j hs3undary I�rre:af sit K�eberg Ti`actr 3.g $4:406t." to a drill hole m a cohere€e reteinln wall iri`sa�d east bo thdar line f Narth Garanoatiue Street, acid we0t bauddary inn of said'Kleberg Tact, for the sQuthweS#-:oornst of th] sd vey, t TNEt eE Ne► h 1 decgree t7b'2i� East with said 0.SS bo radary.li'ne of.North Carar�cahua 5treet..6nd west boundary,Inns of said Kleoerg "I`rect, 0 feet.to the PLACE OF-BEGiNf�11NG and befrig:the same;land"as;desc ihuct ir7 a certaln da d dated May .53Q, from E IVI # ieberg,.and wife, lUlarr��e Kleberg to-.D K IlJiartip;"Trustee, whiiGh is recorded ar�:Vfllume 404p 13$n139, Dead Record, 'Naeces �oun#y, Teas =217 i . A `= SR OSWIN'll 36Si NO 4&11 MIN S OR ON ANN LN MIN, imam 9 b i a f I r e o i 1 :. - . :. . ", -. :, . ..I - _� � :,. . � . ,. . . . .. .. , ..,.: - � ... . . � � . .� .. . . 1:� : �-.: ..%. :..� . - .., .. . . ,, ..... ..., .. . .i_, ..i. .,�.: �-.... 1. . `� , .. .. I - :. .-,.L �-2:.:.�--:,,,.-:,...-,.::�. ...�. 1 � ..., m-,-:�, .-� � -.,�:- - :- , ... ,_.. ,. , -I . . . �. � :.��,7 .�.'..' : .. . , ,_. ,. . .. , . .:.1. .I � - - .. .. 1. . .� :.�%. , .. ,1.: .:_ ��.... . : ... : .� . � . . :..,.. � , , '' - , . .. . .. . ... - :. . " � , : t , ..,, .1, �. ,:. � . ; . .. _ � - .,� .: . .. - .. ,.�,. , . ...I ..; . . �: , . _::11, I �.� , . �'..."��....,...,.,.��-. ..�..�i.-Il'.1""�..- I , 7 I - ': ' '�, . '.. 1 . , , . , ,.�., ... - :, . � , . . . ;..,... ----..-�;.., .,.-."-.. ., ".,- .,,;.�:�-_..:.. �,� 6, .�. : . EIB!#' . TENANT 1VIRR vEM I T Alf �mpravemer is listen helr�w io this E�hlbit thall be completed by the Landlord grid paid by.the Toriant See `E rbit: "C 1"' T rEarit Irnnravement. st rrirraary) Ld tdlord:w rr n#" that.all'WO . i m } e fr�rrried shell be d+ona-:Ii compliance with applicable Federal, �:State:'and Lacal laws ar�d r �ulatl�n FQ1;tING Buil; n d n� Sta l and carp.:. 1.- .:.e ins. .-S: .n the sw a shown :on 1.Exhibit d, "©": Ti�raant hail select for B�iildiog standarxi Leve S a Existing %arpat to be Claaried i butall'Si�ildi4g Stannard carpet tri arE1.a'shnwa 'ori xhibrt f':d" . LidMTING f�uiidmg Standard CEILING:: i Building Standard ELECF.TRICAL Building Standard CEh!liIN� INAt;LS` Building $tardard �E I. .��_ INERI3R D ORS 'SUllding Srid%ard EXTEI I R Q QRS As. Jesting D�ML�LI-TIONa.: -See Ekhibit,"Y" CQNSTRUCTIGN Building Standard �aeech�b�t"D" SINACE L.ett+aring shoal; be iristaiied on the r.glass next to the e ntry cf 'swto #'i 0a, Amer of LeoparL.d Straetrt�1.Narai�cafua:5tit, 1. ..... YS SuEte keys s�a11 bq.:furriished as Or1. buildino:standard CARS ACCE�B Access nerds fic>'the gerige%1.endf#er hiau�rs building entry++viii be essigr�eit7. (these mist be returned tt� govd V.i~ord�tian; DQ pat mark pnherrE ;Thea will be a $2 .r70 tsharge per carr for,-replacement,'t�rdarriaged'.cardc: This:.tee may, , Lbase;:°I�awever�tanarit 6t a1.ll 00,nc�tifib.d1..7 ` % . . 1 .. 2.1 g . � . . ..z I..�:"m. ,. -- ..�. .�:,� ......., . ". . ".- - - ... : -,��-, � . �,..,...., .......�. - -I �'. -.;.1 �:;,-.�. .- .11 - I.: . -.... I, . I. . .. . . . . �. . . I .. ,� .;. .. .�..�-,.,�..-----� -...��.;- ,.. ..i .%. �� : .. - ,:% ,-� ..... . :.- .... . .-... .�I : . . � - . . . .A . - . .' - --� -.-..�...,!:,. . :i . .. , 1 . I. ... . .. . I I. :. I E 'Li.W'blt t �" r. TI IA. li1 PR 7V Ml`1 T C4 T llMMAl I( i I III. J B D C 1D#� T TAL I; .. -. ,2 1 ..� .1 . ,�I:. LIr;::. ..,....��.::-...:..-..1.I,.�m,-...I--`..".,...I.:..:�:..�.,.:'�.:-'�.,�:�..L?.:-..lr�s# Illrelocata switc`hes u lex.outlets eo 'ger©title#where needed { Adtllrela 6.."S' nnklet`I� ds rre` s Llh#s 1 t. -. 0 II� L. ;..L--.4-'...-...L.-... dWli electric l:shelve " antl.c iters. :. ': .. ., % ",7I...e#ruct,walls� ek: "till rri ._stat tl r ::>-. - S'lall ddinrs Lfrsm Ta` e t aextdr nIIId �in : aIle Ao"6 .and. to .. . - n a ui �n .a n r :c in s �j . . d �- Codst uct wa I'far teia�nt se enation .: . Instep loc`s d.tta.rt,ware`<. .. I. - fl fl: lnsp.r-.I. u'ldln ::standa�'db-er etas' er..o flan:# . . T: is. uote.m�I es;L% a�bar and:Mat rla . r . - roYal!� �8t� aI. a �� '�� t , 7 ,�% � '.�.." � �:,,--�.:-, �� ,:: :�:-� ��:':-'-,-�,'.-��.'- -- ,- "��'I 141AIllilT.,�l-i ... ...;-:.:., ., ..,:,," :-��-.-,., �—:....,, , " , , -, , ... . � - . . - . I- .. � . ...- ..� ''. ', ,;,:.: - " ...,.-.''-.,% -, ..:. ., .�. ,.;.. .. � -:: 7 - , - ,.. : ..I .., .. , -, - .. t�:�: : :.-..-,- � �f. ... �� - - -,� '.'..- " " - , . .� . . .. :... : . : ': ,.�-.�.--.�--,,.------,. - , , , � �m.�'...:. . . . . ." . �,e-..�-! . : - ..- :. ,-",-:..: - :, . ':- -, '..�,:: m- - .. .... .m. ....": - ":,.��,- , ., ..� . .I. .- .. .�. . —.%,�- -,%�''.. ..-�-:-% ...."-" ' ' , " ' , , -:" ` i::--, -:-'.-I,. . --... "" .,,-:�',-..�,�- �.:�:. '.�, ::��::.�-. - -� -I - - :1:,. .�.%�i�2-�.";��' " , , , � ... � �, , mm,I.I.- ". . . ..:., ..: :..-. ,�. - I. - .. `� .1 ": " � ......, ..... - - .. - �-�:, ----�,-..--,. -.---,---,--.. ,�, -'- : . . . - ...- - � . �, .. - -- --�. ,"....,I-,�� . -, .....- .. . -- ,--"---,--�-:---.�--m�� --,-� , ....,......� ,.� : :. '... . ,� .. � � , .. . �,.�,-�. - ' '. '�:.,-:�—�:-,A , .1., , , ,,.,'I.:: ", '''' , ", - --.. . . " �� , '...;, ,:::,..,"",:-'�,�: ::::.:-.::".�. — , ---�-!- �-; .'-, . . - '" , - I - - -; . - . .,... - .,� . - -;-- -� ..". .:-,."::-! � ,, ,,�. . �------,-.-I.." ... . --, -1-I.... - ::,-'..�. .".', , ,!,.. . i'' - '. - '' - - .I.-A"' I.p .�.., �: --..i ." 1- . . "" , -, ,.— , -,. , ...-:- .. ... .. -, , - .- - . , . . , - ,�i - , : . . . 2�. "....., ;,....� .. : , ..,. " ."..' . .. -, '.. , . .. C 3N Ti�UCT-- PIAN,`.. .. - 60"'..".. ..":--'---`�'.`-' ::. .��'-IfPvnxvnv . . , - .� " . �LEIPARD :. TR-Esm" : . 1 ` � 11 .. ... a --. +. 77, L .. �I lt1F �: If�7� 'su �,., A ., , . ... .. . , ,.:.Z',:. '.":'�%� . vivo. ," ":-M ' .: -�-"",'�:� ''L- -, . I.�., - - " , . . : , , � 7 `. .I... - ,<. . --::. I. . � , .-:. , D - L � '� . . �:� . � , ' " ' .,. . - .. . - .,�� ..L. , . �.,L �;- - .... .. ....... ..:-...."....:.'..'." :,..,, ,.�. .. ,- ' .':�,�--- .... :�.-:� "., , , , .. .1- :::�'.,�.,...�",..,: : , - ..� . . .. � -, ,--, ,L, , L__.Z j ."L �� '... . ... I .. . "�:--!: . . . : .,.,. ., - " , , .�-� , �-,1 L�:, - : , ; L:,,�-�".:-,�1-�", . ,, ,, .. . -- �-:-..':, '......;"!. . -:.::'..�.., ,, �.,..- ,�---,, � ; ,, .� �-��.-"�,�:.-I�-I��,-'.-'.... �:'� ," ... . -. : --'L .. . , . . ' `!L -- . ., ..� . ' . ' . :.�. .:: �. �. ,,�.., .'I -�:, . � ,� -'�: ". m- :7 - , .. - - -��!� - .. �. � �� . - .. - . . � - .- L ' . . - :,��.�1-,-L.��""� ..",,;'.:t. .. .. .., �.. �, I �� ;- -I . ':,. - - ."I-- . , � - .. .�� - �. :- ��'L ,. : .. .... . , . % , �;,.. .m� ,.,I.m . . � .. � . � .� ., , . . . , . . .�w��lot p V c A n WY OR.. �. .,��: �- `...-�-,--,--.� , . , . ..� :��. n.�:,!:.%. "-, ..-.-.�, - .�.�.. -�. .- :m:�: �: ., , .� ,��'.� - - . , : :. ., ,�::':_ ,�'�_ .�-.:: L :,,,.-_'.t.... '..�'.�',L'.t,�, ,-,i " . ., :... .. :.: , ' : : .. .... . :L . ��- �, �', :� .- , � . . . � :.� :..I I..... . . . :. ..... , �� ::, - ... � ,, . ! � .�i �..L-,.".. . .. . ,.. . , .�..I. �.�". -� : � �,�.'. 221 . . XHISIT: 1 _ with the- c ti e ep on of ATM, I~andlord will furriisheys requested after mi#lel keys have been rriade with ar'i icable charge to Tenant �D The restrooms, lavatories, drinking fountei.ns ahci other water lwxfvri�s shall not e:6 foi; any purpose other than;tho.se far whl h#hey Were cdnstru to 1, end:any cfarnage resul#ing tb: them m mrs�ts ,:nr Ping. or. iratury # any part bf the pUildir g shsll be 1 ©rne`by jhy. persi�n who shall occasion rt No parson shill waste v+t ter by interac�n with the faucets nr otherw[se Qnnkir fountains are not tv tie used for :theirrann �f vaffee pots C�#fee; gr:iunds are riot to be disposed of iii drinker fnun ains or since 1y.C� person hail Itis#i,rb the acrruparits of tFia boil Ing y t ie use of any musir�a! instrEi»ie the.,rt elm o nseernl .:.np s s..or .int .. 9 y e:. b..y e.rfer�ng;xn any way. No animals wji,ill be allowed rrn the briltlaig, with the excep#ion of such animals .as specifically trained toy the 'h'andica . '12 Nc brs:.1ea:,or.zii�iler Vehicles are tc be allowed rr the t?uilding 1 No#hrn shall pe thrown Or owere from any of the wtr dows..frQm the building'or down the s#airwells or QtheC passages 14 �artdlnrd shall nree stoppaflfor nerags beeratvrs Any d# beblefor # mthge cdssary repair and rnainterlartce or: desired :repairs ancl; rrn#�rouements qi delays of any sort or` duratiai :in donneptipn wit. the isleuafor seruiee it:;` I#:Tenant de;ares'telegraphrir, telepf3onre or other electrcnip> cor ne+�trons, l,ar diord cr its agents dill direct ties #ochnicians as.to were and how the virires .may be intriaducedono } r�irwt�tii�nc h �nrarLr� nt ri`iitir�rs rif w�ra�..�, iffe �F:.. Tenant ;shiell not b peXmrtted :#� mise sir keep >Ir the .buildarrg, ariy kerosene, camphene;. 1purning. fluid ;or o#her illuminating materials, except candles;: and exdept the eiectricity in general.use tri the building: c sleeping,'coo-kmg, dyeing clothes, cleaning, dr laundering steal! tie dare or p�rmitE d ori the demised premises wiu#the wCiten consent,of l andlord; with:the azceptiori of ni (inl` . rnit�eowave oven dse: - 1 J antll4rtl reserves #iia right to irxelude or expel firam tt�e building any person iNho, in the #bdgemirnt of IKandiord, is intoxicated iii ender the:mfluen '.liquator:dr%igs, or shale err any -Ma :ner. sa, n any act in violation f any`rliles ar;d regtrlatier�s #the bi ilttrt�g '!9: lVlovemen# iii or oi�t;of the btiildirig of,furniture or vffce :equrprient dispatchr receipt by the Tenant cif any merchandise or materials:which require the use ci elevators ar move7lent #hrough `the bUtidirg eM#rahcea: o€dobby shad lie re stn cto'd:.#v tH hears designated by t"anitllard The t.artd=#ord may require any such moveriaerrt of fumitue ar equtprrlht that will interfere.:with normal lauildig tra#fio rs:tQ be restrictd to:odd hours, ae foiloivs after 6 O;D am l 1c€lday through Friday,�i-SAturday and sur tl�iy b : Removal o furniture #ram tl7a`buifd ng evil! require presentation .of a perm�k..or written authvr�zation to an' authorixei . representative of "L Ord SeCurity':guards, lsniiors, v+watehririenl as well as employees anal agents f:U300lord have the rig, to challenge;any an. all persons leaving tris:building virith such articles : 2 . �anuissinc�, soliciting or peddling in the building is protibitei .:with€i.it v►rrt#err consent.trorr� Lar�dlard; end"--bha t shall cooperate,ty prevent it' 2. A�[staintiei! days are to be kept elosed at'ail times The starivells`are a:re€ages cake of fire; and: an open We iiiay permit smoke tp ,enter #lie areathereby making.evati: tion impossible 2 , U:. of spaee heaters of ani kind.are rohlbited r 'Wilsoh Plaza. L9 '18 HIT r� yi �� :.':�:.-...:..� ..'..� "",..,�",.,��-.'��""..,",."..:..,..Ii.. " ''' """ ' �'�'.'�.,.,.�..,-..'X. .- � . , , " U, �.".'."' .." . ��'.�� ( efi : 10 �..�� _"�- .:� .�'.-�' ..':':'.''.' _..'.,��_�.."L.". ,......W. '..�': .: ....t.....% - ..,I - , . - 0 �, .; . , . . � .. .. .:. ", ... ; '' - ; '. . .. ,,. . , , .�: . _1 � �%'. _. .�:,I. .I.,.%, . .�. - _ � I . -..�..... - " , : , . "� - . . .: �::� "...--. .....:. ., -z'.,,..� - _.�j...,'... -,- , , , . .... :�1,.,� ,,... :.,: - . - . -.:- !. . ,m ,..� , � . ::,- ....:"I _ :. -..�. . -1:-- .:" . . .% , , .. �� :.- . .... .. '' ' - , , , , " ' �.. _ .�,.: ., . -, ..' I :..., � .,- .q - 1 .; � . _1 ,�� . . . .. �I �: �. . .. -I I .. ., "� . . . . ."-.'.:-' � . ,: ,:...., i.-I �. ..� 'I.,: _� "' ", "" .,::`- ,.. I .. '", , I� , �"' , , : .. :, ...� . - '_�',m.., ..",�:��,--, 1 - .- ,I ,.. "i..'.'..- ., .. ,,�`, !..'..._. .,.:.�'. , ,..,:... , - I -- � . .. .. -1,� -.":11,.�, ., , .,��.",'` - I-- .. - .. ..-I..-I - --�. .,. I , , . - �- .� --.�,�::�_.�'�,:��:.: .. �,:.: 1:.�:1-, .1.:� - .. . .. _.. . - , , , E�CHIBIT.uGvr .ACKNOWLEDGeMINT , 1_EAS� The ur d,,r". , ped pauses a knevvl d e#hat the lease deser�b�a t elovu s h full force and effect Date`ef lease Land.lQrd Tsna.O . Suite JNo ?a--�sg['�Uore.flet ; rentable arr a. 7 ]uiiding address t c�yrfluntystat �p i .. - - - $l1 f I, ` fen al CieSGI l�ttlCi;], I ,} j -, I The.c+arrlrnenc meri date,"annual ah,Ivers iy la e, and +and*i date ni the iha#tal lease #ems: as �f�efined::,'ire far raph'�4 ') f aladu leash are s#ell ws< CQmmencemen#'date(r»ant, dad,.gear}flay. '.Annual Anniuersrjr da#e{morias, days ' : Ending date (rnoritta, 4 , year} SPt�te �er�.. .. �. ,: Tfeart�es askncavVledge that tI.:'.!. e base has net hen ; rr�en .d ec mad�#ied arid. >h1s akknowl d�err ent m'ay 66:Iled.°of record with�.tl o Texas ecretar ,of Mate dr the cann y where-tlae h"ailding Ig:.QV,at d �n order to eo rd ( )Tenant's p issession q ..t .t.� . leaped premss , snd(2} Landlord's cdr tractus( landlwrd i«n rights oyer all per o�ial property:the-.- -- The entree lease 1s hereby afFshne and incdr rated herein The lease.Hill pease kv be art ep rnbrar ae to andia�d' #�fl sf Laitdls�rd fles an afli ia�+t of record, stating that Tenan#Ana lora ser occ�up�es tl a pr.: � '.. and that Tenant's r-ht pf: oss sssan'itas poen IawfaAy ter nmated I. Lr ,- TENANI'< L" ..).LG.i,D, . . The:Cita ofi.'�aP T4br #1 j Fecsas lrsvestnerto L '- �scl General Partner b sl +.�lanagr Y.. Robert H liyirfer, general Manager n r anagen ,� aI ' 17ate Signed Date signed ltppreved �tat�>n.. ` . .. .. A06istant: It - 1 am . dor �ry"i�it ��sy X25 { ' STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT 1. PARTIES: That on this 27th day of September, 2011, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Corvus Christi Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated April 13. 2004, unless otherwise agreed herein, the demised premises described below. A copy of the original, April 13, 2004 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza Suite No. 113 A Building street address, city, county,, state: 606 N. Carancahua Corpus Christi, Nueces, Texas. Net i rentable square footage of 4.710 as defined by BOMA standards of measurements. December3. 1 2011, and ending November 30 2013 In the event this Lease ERtehsion- greemen appear on the City Council Agenda prior to September 12, 2011 this Agreement will extend until the next scheduled City Council meeting. The commencement date has been changed from September 12, 2011 to October 1, 2011 in order to coincide with the other City Leases. in advance on the.first of each month at 4. RENTS: Rent shall be 5 800.45 per month, payable Landlord's office, if any, in the above building; otherwise, at such other address in said county as may be subsequently furnished by Landlord for such purposes, 900 Wilson Plaza West 1 Corpus Christi...-Texas 78401-06fi9. Rent received after the first shall be deemed as { delinquent.uent. In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment c"e,s4, It be--due and payable upon demand of Landlord in an amount equal to fifteen perce (15%),'tir es the amount unpaid for each partial or full calendar month during which such runt remarrls unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. USE: Tenant shall use the premises for the following purpose and no other (nature of Tenant's business) City Detention and Maaistration Center 6. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. -226- EXECUTED this the day of . 20 Wilson Plaza Associates, L.P. f Landlord: / Tenant: Focus Investment Co. L.L.C. General Partner By Herman A. Parker 1 1 —227— 1 EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to-wit: TRACT: Lot No. One (1), Two (2), Three(3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and 1` being more particularly described by Metes and bounds as follows: BEGINNING at a drillhole, in a concrete retaining wall, in the east boundary line of North Carancahua j Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christ, Texas and _ w corner of the R. M. Kleberg Tract, for the northwest corner of this survey; Thence South 88 _..._. ..._._st Dad _ Kleberg Tract, and with the general course of an old_ board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast corner of this survey; THENCE south 1 degree 00' West with the said Vilest boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; j THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drillhole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. -228- i 1 1 EXHIBIT 'Ex 1 FLOOR PLAN i I 1 r i 11 LJ I #1130 fi Z 3 c� 4 I I � i i -229- i y 1 EXHIBIT"C" LANDLORDS'S IMPROVMENTS 1 1 i Tenant accepts the demised premises in "As is" condition i i —230— EXHIBIT "D" RENEWAL OPTION At the end of the original lease.term, November 30, 2013, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such. right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the lease term. The terms of this lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. I i —231— STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES } LEASE AGREEMENT BY THE CITY OF CORPUS CHRISTI AND WILSON PLAZA.ASSOCIATES, L.P. On this-13th day of A n , 2004, LANDLORD, Wi#son Plaza A os L, P., AND TENANT, City f Co s Chris ', for and in consideration of the sum of TEN DOLLARS ($90,00), and other good and valuable consideration and the mutual covenants and agreements herein contained, the receipt and sufficlency of which is expressly acknowledged, agree as foliows: Landlord hereby leases;Tenant, and Tenant hereby accepts, the Demised Premises to have and to hold for the lease term upon the foli wing terms and conditions DEFINITIONS AND BASIC PROVISIONS: The following definitions and basic provisions shall bi; twedi n_co *uncomwfthAnd li i b -the reference thereto in other revisions of this lease and the Exhibits attached hereto: (a) "Landlord": Vllilson Plaza Associates L. P. Address": 606 N. Carangghu 00 Co us Christi. TX 78476 (b) Tenant" : City of Cornus Christi uAddrese: 120_1 Leopard St. Cornus Christi. TX�$4Q (c) "Demised Premises": Approximately 3.681 net rentable square feet Irl: The Wilson Plaza: in the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A": Legal Description), address of such premises being shown and outlined on attached Exhibit "B", The_DMIsed Prpmisgj also includes the right of exciuslve u e of 14 dedicatedaR rkina §20ceg in the tlson Plaza buildingparW,a. Igo. 4 . (d) "lease Term": A period of 2years commencing on S p mer 1.2004 and ending AugU§t (e) "Basic Rental":A total sum of $ 309 20 . 0 (Three HUndred Ninghou d Two Hundred FgWr Dollars nd 00/100 DoII&M payable at Wilson Plaza, 606 N. Carancahua, #900, Corpus Christi, Nueces County, Texas, in monthly installments of $J&8_1.00 in advance, during the lease term. There will be a $26�D0 charge for any checks returned for non- sufficient funds. t —232— (fy "Prepaid Rental": $ 3.681.0 _ representing payment of rental for the first month of the lease term. (g) "Security Deposit": 3,681.00 (1hr eg ThQIjs9j3d SigHundred One and 0 f 0 Dolfarsl. If Tenant fails to give Landlord thirty (30) days written notice prior to terminating the lease, to pay rent or other sums when due, the security deposit may at Landlord's option be applied to such unpaid amounts. (h) 'Trade Name" and"Permitted Use": ,—C�t' Y Deten i Magistration Center._. LANDLORD'S SERVICES TD TENANT; A. Trash and garbage disposal; . . B. provide adequate public restroom facilities and maintain and keep such facilities sanitary and in operating condition, providing sufficient supplies (soap, toilet tissue, towels and disinfectant); C. Maintain, clean and keep all entrance ways, halls and hallways free of unnecessary obstructions and well lit; D. Lighting fixtures shall be maintained, including the replacement of fluorescent tubes of proper wattage; E. Maintain and keep in good repair the roof and exterior od the girl gill side walks, walkways, wises�r�Ga 'ntaln grid keep in 9 p parking areas, private streets, roads arid.a1 eys a are 1 ' F. Electricity, water and sewer, and G. Heating and air conditioning Building Standard. of these de'f'ined services, or from any cause, shall Failure to any extent to fumish or any stoppage nor be rson or not render Landlord liable in any respect for damages to either relieve Te anatp#rom� fulfil mentnof any as an eviction of Tenant or work an abatement of ren covenant or agreement hereof. Landlord, where rel A t Tenantall use shalI have reasonable reinstate any terminated services listed above promptly, for rebate of rent or damages on account of any interruptionsperformance boTenantoand therebyresulting ofthe therefrom. This lease is�lconadi nd g Ins herein cul ontained and agreed to by the parties. agreements, covenants, g PAYMENTS: Tenant will pay all rents and sums provided o be p er at the id by a Tenant hercavenant times and in the manner provided. The obligation of Terra PaY and no act or circumstance whatsoever, whether such act �ir ation as an sone ceP�as express y covenant by Landlord or not, shall release Tenant of the ! provided herein. the Demised Premises CONSTRUCTION OF IMPROVEMENTS Landlord shall pro �Contract.ceed toconstruct o summary of the scope of in compliance with the description as stated in a separate work to be done is shown on Exhibit "C" of this tease andnd orare sExhibit "Dthe Exhibit Work Contracftwill Plan, of this lease. Any differences between Exhibit C a govern. ` —233— f POSSESSION: The parties hereto anticipate that the leased premises will be ready for Tenant's occupancy on 09-01-04 If the leased premises are not ready for occupancy on Gg-QI-QA, then the commencement of this lease shall be extended until the leased premises are ready for Tenant's occupancy at which Urne the events called for herein shell begin. If the leased premises are not ready for Tenant's occupancy on or before 09-OI&A and'such delay is not due to default of Tenant, then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise its right of termination, Tenant shall not have any claim against Landlord for breach of contract, damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. Prior to exercising this option to terminate this lease, Tenant shall give Landlord 4_5 days nofice in writing in advance of its intention to exercise such option. If the leased premises are ready for Tenant's occupancy prior to the end of said 45 days period, or before notice of cancellation is actually received by Landlord, then this lease shall not be canceled but shall remain in full force and effect. If possession is taken prior to commencement date, then the rent shall be pro-rated. NET RENTABLE.AREA: The term "Net Rentable Area (NRA)" as used,herein shall refer to all floor areas within the inside surface of the exterior wall enclosing the portion of the leased premises and measured to the mid-point of the walls separating areas leased by or held far lease to other tenants or from areas devoted to corridors, elevator foyers, restrooms, mechanical rooms, janitor closets, building stairs, and other similar- facilities for use of all tenants of the building (hereinafter called "Common Area"), but Including a proportionate portion of the Common Area equal to j.19742 % of e-leased-promises- Qre=-foetage=-exfi�ding--sua=llocafinn Nn_t�F.' X L iDnS_ffDR1__ NRA are made for columns or projections necessary to the building. COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated by Landlord from time to time for the common use of all tenants, including among other factlities, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, restrooms and other areas and improvements provided by Landlord for the common use of all Tenants, -all of which shall be subject to Landlord's sole management and control and shall -be operated and maintained in such a manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and locations of Common Areas and to construct additional buildings, and to eliminate buildings from the plan as shown on Exhibit "B". Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or ` take any action, which would interfere with the rights of the persons to use the Common Area without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public from a obtaining prescriptive rights to make repairs or alterations. REPAIRS AND RE-ENTRY: Tenant will at Tenants own cost and expense, repair or replace any damage or injury done to building or any part thereof by Tenant, tenant's agents, employees, and invitee, and if Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days 1 of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand. Tenant will not commit or allow any water damage to be committed on any portion of the Demised Premises, and shall, at termination of this lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at the date of 3 , —234— I possession, ordinary wear and tear excepted, and upon termination of this lease, Landlord shalt have the right to re-enter and resume possession of the Demised Premises. ASSIGNMENT-SUBLE7TtNG-ALTERATIONS-ADDtTiQNS-�MPROVEME :or allow metl not to be assign or in any manner transfer this lease or any estate or interest therein assigned by operations of law or otherwise, or sublet the DernisedPromises or use clause ar trt he eof,o r use or permit same to be used for any purpose other than stated in written consent of Landlord. Tenant shall not make or allow to be made any alterations or physical additions in or to the Demised Premises without the written consent of Landlunreasonablyrdof re making Such such alterations or physical additions and such consent may not be alterations, physical additions, or improvements when made to the Demised Premises by Tenant, shall at once become the property of Landlord and shall be surrenddred to foctures dlord furniture torminatioena to in- any manner of this lease; this clause shall not apply to movable Tenant can remove fixtures placed in the leasedpremises rentable,in#abielenLandlord's opinion y by Tenant �Tnant removaldoes not damage the leased premises or make it les remove carpet or wall covering. e to d r � h that Te n i TENANT INSURANCE: it is h r b r ,' se f=i ur Te s Is m n' 1i n '1! I = u e ' € ai # It i s cti n .n f in n i with the T n n 's se oro ney of th® demisig 9ernis s. U an re ues of L d10 n wtl! r vi roe ro f set-insu f r the 1 se. - E .__Ttlnf: 1 not occupy or use or permit any sad usnes o portion of the Demtsed Premises to be occupied or utable inranyy ann�ersor extras hazardous� o ~= unlawful in part or in.whole or deemed to be disrep account of fire, nor permit anything to be done which will in any way increase the rate of fire ere shall insurance an the building or its contents, and in the event ar�ts contents creaason of ted by Tenantof Tenant, s acts or be an increase in the rate of insurance on the building conduct of business, then Tenant hereby agrees to pay such increase. i LOSS AND DAMAGE TO TENANT PROPERTY: Tenago agrees in eathat t i its thonzed t�se under the ncy of the _ . Leased Premises and such other portions of the OfFiGe Landlord shall have no liability for loss or terms of this lease shall be wholly and at its Own Tenant, or those claiming under Tenant whether damage to the fixtures or the personal property the in of leaking occurring by reason of theft, vandalism, fire or other casualty arereomursting, 'stopping water,gas sewer pipes or otherwise, nor for injury or death to any P INDEMNITY LIABILITY AND LOSS OR DAMAGE: By taking possession of the Demised Preuildin Tenant accepts same as suitable for the purpose for which same are leased and accepts the budding and each and every appurtenance thereof, and Tenant by said act waives any and all visible defects defects that are ascertainable by the exercise of due diligence. Landlord thall not hrough be undeer as well as guests, invitee, or any person claim 9 Y, to Tenant or Tenants agents, employees, g Tenant for injury to person, loss or damage to Propeorlthe gents aoss or 9 empioyesst'of Landlord occasioned by or through the acts or omission of Landlord, except Landlord's gross negligence or willful wrong, to the extent Landlord is not prevented by law from cbrrtracting against sUdh`.tiabih�ry:' Ter allit`s1 I iso t nify Ldndlofd'dnd SeVS,it-bermless from or out of any occurrence in, upon, at or from the Demised Premises or any part thereof, occasioned wholly or in part by any act or omission of Tenant, its servants, agents, employees, contractors, invitee or licensees. If Landlord shall, without fail on its part, be made a party to any action commenced by or against Tenant, then Tenant shall protect and hold harmless and shall pay all costs, expense and reasonable attorney fees. DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are located shall be damaged by any means or cause whatsoever except as stipulated under section for "Tenant Responsibilities,". not caused or contributed to by the negligence or fault of Tenant, it`s employees, servants, agents, invitee or visitors, and if repairs of said damage can-be reasonably expected to be substantially completed within a period of thirty (so) days by using standard working methods and procedures, Landlord shall within a reasonable time after occurrence of said damage, enter and make repairs and this lease shall not be affected but shall continue in full force and effect. i However, if said damage cannot be repaired within a period of thirty (30) working days by using standard working methods and procedures, then this lease shall cease and terminate as of the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately surrender the Demised Premises to Landlord. If Landlord restores the Demised Premises, Landlord shall within a reasonable period of time enter and make repairs and this lease shall not be affected except that rents hereunder shall be reduced or abated while such repairs are being made for the period of time and in the proportion that the Demised Premises are untenantable. If, however, such damage is contributed to by or results from the fault or negligence of Tenant, Tenant's employees, agents, servants, invitee or visitors, such damage small be repaired by and at the expense of Tenant, under I lirectio er ian dlerc,-aad4he rent kaall Atir re o tt ah n4 _..�. _:_ reduction. The completion of the repairs of all such damage is subject to reasonable delays resulting from survey of such damage, obtaining plans and letting contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or other causes beyond the control of the party obligated to make such repairs. 1 SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other for loss arising out of damage to or destruction of the Demised Premises or contents thereof when such loss is caused by any perils included within the State of Texas fire and extended coverage insurance policy, this agreement shall be binding whether or not such damage or destruction be i caused by negligence of either party or their agents, employees or visitors. LAWNS AND REGULATIONS: Tenant will maintain the Demised Premises In a clean and healthful condition and comply with all laws, ordinances, rales and regulations (State, Federal, Municipal, and other agencies or bodies having jurisdiction thereof) with reference to use, conditions or occupancy of the Demised Premises. RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements and rules of the building, as set,forth in Exhibit"E" hereof. Landlord shall at all times have the right to change such rules and regulations or to amend them in such reasonable manner as may be deemed advisable for safety, care and cleanliness of premises and for preservation of good order therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in writing. 5 i -236- I 1 ENTRY FOR REPAIRS AND INSPECTION: Tenant will permit Landlord or owner or their officers, agents and representatives right to enter into and upon any and all parts of the Demised Premises at all reasonable hours to inspect same or clean or make repairs,.alterations or additions as Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in rent by reason thereof. NUISANCE: Tenant will conduct its business and control its agents, employees and invitee in such a manner as not to create a nuisance, interfere with, annoy or disturb other tenants or Landlord in the management of the building. CONDEMNATION: Should the Demised Premises or the building be taken or condemned in whole or in part for public purposes, then the term of this lease shall, at the option of the Landlord, forthwith terminate. -Landlord shall receive the entire award from such taking and Tenant shall have no claim. 1 LANDLORD'S LIEN: Landlo d shall have and Tenant hereby grants to Landlord a lien-and sgcurity in res in gll of She fixtures. tr d fi f rniture i =k. m rchan i e and othgtr 1 pro eg_U 122 red on the leased premises during the term of the lease to secure the payment of rentals and oth r sUMs due hereWnder forhe enline term of the lM9, L&ndlgrd 1hall h&ye and may WON with respect to said property. all of the rights, remediesand powers of a secured-party under e 1 Uniform Commercial Code of_ Texas. lndluding without limitation. the right and bower to sell at public or odv_a_W Illesafes, or h wi a dispose of, lease or 21111ze the coli r l and gny part or parts -- n r a' ena12. - ., HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the entire holdover period and will pay all attorney fees and expenses Incurred by Landlord in enforcing its rights hereunder. No holding over by Tenant after the term of this lease, as such may be renewed or extended either with or without consent and acquiescence of Landlord, shall operate to extend this lease for a longer period than one (1) month unless a holdover agreement in writing specifies a longer period, and any holding over with the consent of Landlord in writing (.unless such consent shall specify a longer period) shall thereafter constitute this lease as a month-to-month. APPROPRIATION CLAUSE: The parties agree that payment of monthly rental rate is subject to annual appropriation of funds by the city of Corpus Christi. If the lease Isn't a budget item for any fiscal year the lease will terminate July 31 of the last fiscal year for which the lease funds have been appropriated. RENTAL ADJUSTMENT: The monthly rental from the anniversary date of this lease to December 1 31 st of such calendar year shall be as set forth in paragraph (e) Definitions and Basic Provisions of this lease. Effective on the first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of 1 l this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon lesser of either(a) the Consumer Price Index(CPI) (Section I below) or(b)the prorated share of Actual Expense Increase of taxes, insurance and utilities (See Section ll below). i 6 -237- CONSUMER PRICE INDEX - On the 1st day January of Janua of each year referenced above, the Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any increase will be multiplied against the monthly rental set forth In paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). ACTUAL EXPENSE INCREASE: Effective on the 1 st day of January of each year referenced above, the total expense of taxes, insurance and utilities for the months of January through and including a December or the previous calendar year shall be compared to the total expense of taxes, insurance and utilities (which maybe required to be estimated by Landlord) for the next 12 months (January through and including December) and the Tenant's monthly rent shall be increased by 1112th of the Tenant's prorated share of such increases In expenses. Tenant's prorated share shall be .determined by dividing Tenant's net rentable space by the total net rentable space in the building. In the event jthat such an increase is due under this lease, Landlord may notify Tenant in writing of any such increase in the monthly rent, which will then become effective for the months of January through and including December of the applicable calendar year. In the event Landlord fails for any reason to notify Tenant of the increase, or if such increase,is not determined until after the 1 st day of January of the effective calendar year, such will not abate or waive the additional rental sums due Landlord and Tenant shall pay all such sums upon demand. The term "calendar year' as used herein means for 3 the months of January through and including December of the year affected by the increase. y--�f-an=exa le-only;--a-lease4s-etfeetwe=Gn=Odobe"A�3-the -on-lanue monthly rental rate shall be increased based upon one of the methods described above (the Consumer Price Index method or the Actual Expense Increase method)for the calendar year 1994. Upon Lease expiration tenant agrees-to restore demising premises to building standard. TENANT DEFAULT AND REMEDIES: The following events shall be deemed to be events of Default by Tenant under this lease: 1. Tenant shall fall to pay any installment of rent when due and such failure shall continue for a period of ten (10) days. 2. Save and except for monthly payment of rent, which is covered in subparagraph (1) above, Tenant shall fail to comply with any term, provision or covenant of this lease, and shall not cure such failure within thirty (30) days, after written notice thereof to Tenant, or if Tenant shall not have proceeded with all due diligence to cure such failure on such a manner that such failure is cured in any event within ninety (90) days, after written notice thereof to Tenant. 3. Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. 4. Tenant or any guarantor of Tenant's obligations under this lease shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Tenant or any guarantor of Tenant's obligations under this lease.. 5. A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations under this leasee. 6. Tenant shall desert or vacate any substantial portion of the premises. 7 i —238— 7. Tenant shall do or permit to be done anything which creates a Ilan upon the premises. Upon the occurrence of any such events of default, Landlord shall have the option to pursue any one or more of the following desdribed remedies, in addition to all other rights and remedies provided at law or in equity, without any notice or demand whatsoever: (A) Landlord may declare this lease terminated by giving n ti oto Tom from f nant of d or 'se lecf10 rto terminate the lease and thereby relieving landlord and B) Landlord may terminate this Lease Agreement and thesaw,created and removeyall persons iand oh repossess the Demised Premises, with or without process property. from the Demised Premises without being cigddeemed #au to Upon such termination,of cng or without Landlord prejudice to any other remedy of Landlord shall be entified to recover as damages a sum n money equal at the time t rminat the cost plus of recovering the Demised Premises: (11) the unpaid rent earned interest thereon at the maximum lawful rate per annum from the due date; (iii) the present value of the balance of the rentals due for the thr sumser of the lease term,of money and damages owed by lus interest thereon at the maximum lawful rate, and (Iv) Tenant to the Landlord. not (C) The Landlord may terminate the Tenant's righten possession erb suit Lease) and without repossess the Demised Premises by forcibleY demand or notice of any kind to the Tenant and on hout to do so,terminating the same for the account of is Lease, in which event - torch ,- slaap:.b�:und�r no obligtion t ^� the Tenant for such reletting the Landlord is au on eart the Leased Premises th make an repairs, changes, alterations or additions in or to to relet the demised promises,or Yif to necessary or convenient. if the Landlord shall fall or ref ll sh the demised premises are relet and a sufficient sum f the demised Premises-, 0i) he cast and pay or satisfy the total of (i) the cost of recovery of (..) of such decorations, repairs, changes, alterations and/or additions; iii the unpaid expenses ossession plus interest thereon rent earned at the time of termination frorn the due date; (iv) th hp resent value of the balance of the lawful at the maximum lawful rate plus interest thereon at the maximum rentals due for the remainder of the lease term, p and v any other sum of money in damages owed by the Tenant exist to th demalnd therefore ord; then, in rate, a ( ) and pay any deficiency that event, the Tenant shall s2�tisfy Landlord. The Tenant agrees that the Landlord may file suit to any recover due theLandlorddue by h. No delivery or recovery of any p under the terms of this paragraph. hereunder shall be any defense to any subsequentlrd nor such reletting be construed theretofore reduced to judgment in favor of the Land . ch reletting without as an election an the part of the Landlord to terminate ianunless su a written notice of such intention be given to the Tenant by Landlord. Notwithstandingn rent obtained by i ination, the Landlord may at any time thereafter, elect te.# �fease for precious term breach. In ria event shall Tenant be entitled to receive reletting over and above the Basic Rental herein provided. obit aced to for (D) The Landlord may take such action required to cure t and the Tenantshlch a all be nd bill ant gat any in curing such b expenses incurred by thin the baldimmediaely upon its receipt by Tenant. pay the costs contained :K i -239- i ATTORNEY FEES: If on account of any, breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to enforce or defend 'any of Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attomey's fees incurred by Landlord in such connection. SECURITY DEPOSIT: Upon receipt from Tenant of the sum stated in Section (g) Definitions and Basic Provisions, such sum shall be held by Landlord without interest as security for the performance by Tenant of Tenant's covenants and obligations hereunder, it being expressly understood that"lsuch deposit is not an advance payment of rental or a measure of Landlord's damages in case bNefault by Tenant. Upon the occurrence of any default by Tenant, Landlord may from time to time without prejudice to any other remedy provided herein or provided by law, use such fund to the extent necessary to make good any arrearage of rent and any-other damage, injury, expense, or liability caused to Landlord by such event of default and Tenant shall pay to Landlord the amount so applied in order to restore the security deposit back to original amount. If Tenant is not then In default hereunder, any remaining balance of such security deposit shall be returned by Landlord to Tenant upon termination of this lease. INTEREST: Any sums payable by Tenant pursuant to the provisions of this Agreement shall be due and payable unless specifically provided elsewhere herein upon the demand of Landlord and such shall bear interest at the rate of ten percent (10%) per annum from the date of such demand until paid. LATE P T int t i men ' not 'm paid and remains unpaid for a period of ten (1 d) days after payment would other ise be due then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to five per cent (6%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for herein. QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and performing all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Demised Premises. SUBORDINATION: Tenant hereby subordinates this lease and all rights of Tenant hereunder to any J mortgage or mortgages, or vendor"s lien or similar instruments small be superior to and prior to this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a purchaser at any such foreclosure sale (any such mortgagee or other lien holder or purchaser at any such fore-closure sale being each hereinafter referred to as "The Purchaser at Foreclosure), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter, remain bound by novation or otherwise to the same effect as if a new and identical lease between the Purchaser at Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the term of the lease in 1 effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or to confirm any electron to continue this lease in effect in the event of foreclosure, as above provided. -240- i SEVERABILITY: if any clause or provision of this lease is illegal, invalid or unenforceable under present or future laws effective during the term of this lease, then and in that event it is the intention of the parties hereto that the remainder of this lease shall not be affected thereby, and it is also the intention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such clause or provision as may be possible and � only send shall bnd e considered to beable. The on of not each effect paragraph hereof is added as a matter of convenience in the construction of any provision or provisions of this lease. MISCELLANEOUS: 1. Tenant shall not place, install or operate in the De ni keep anysed isirrtiammabie exp os�ve aer building, any engine or machinery, or maintain, use p Y hazardous material nor do any work o &ndlordnoxious or malodorous fumes of any kind whatsoever without pdor written consent 2. No signs, advertisements or notices shall f ccolntedor, , size and style, and in such placesdows, or as or other parts of the building, .except o approved by Landlord. 3. Tenant shall refer all contractors, contractors representatives d d binstallation technicians, rendering any service to Tenant to Landlordr ossperVisionappraval and control I to all before the performance of any contractual stalla ions of telephones, telegraph eis done. This provision shall quipment, j work performed in the building including • men_ts, and installations of any nature affecting floors, walls, - - Orm uildin . woodwork, trim, windows, ceiling equipment work or for contractont�a or's representatives, or Landlord shall not be responsible for Y installation technicians who render any services for the-Tenant and Tenant shall hold Landlord I harmless therefrom n move-in, strips requested after move-in will be 4. Directory strips shall be furnished upa ` furnished by Landlord with an applicable charge. ion of Tenant's area or any other part of the building shall at any time be used or 5. No partquarters. occupied as sleeping quarters or Cadging �. All seryices ices rendered by Building personnel which is the responsibility of the hour will e current rates, which are subject to increase,with minim ni arty, equipment, money or charged at responsible for lost or stolen personalp p 7. Landlord will not be respo regardless of whether such loss occurs when the jewelry from Tenant's area or public rooms area is locked against entry or not. Tenant and at ns for any improvements or alterations made bion of sa mprovemen'tseorp alterations, g, All p!a roval. Upon compet be submitted for Landlord's app Te Want at Tenant's expense. "'as built" drawings shall be fumished to Landlord by by rmit entrance to Tenant's suite by use of Pass,e nt', except employees g. Landlord will not pe permission by 1 i person at any time without written to any p ervised by Landlord. contractors, or service personnel directly sup with any broker or agent in connection with 10. Tenant warrants that it has had no dealing of this ease other than Landlord's broker, if any. Landlord's broker is negotiation or execution AI{. if C a —' C- 10 O10 -241 - 1 RELOCATION: Upon at least sixty (60) days' notice to Tenant, the Landlord shall have the right to relocate Tenant within the building in a designated space which is the some size or larger and of the same Quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards, door signs, exterior signage, and to re-establish the interior as their previous space, etc. Rent shalt not be increased if the relocation office space is larger. Relocation date shall be contained in the relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with such relocation except for undue delay or property damages caused by Landlord or Landlord's employees, agents or contractors. If and when relocation occurs, the lease shall be amended so as to substitute the new space for the old. NOTICE: Whenever any Notice or Demand is required or permitted pursuant to the terms and conditions of this lease Agreement, such Notice or Demand shall be given or served In person or shall be deemed to have been served,,,whether.-actually received or not, when such Natice or Demand is reduced to writing anal' depgsited;;in-th`d--Unitdd States Mail, postage prepaid, certified mail, return: receipt requested, address6d",'* H to vi+F 6M directed as follows: LANDLORD: TENANT: Wilson Plaza Associat L; P. l�g Cfty of CoJ pus,Chris#i 606 N. aranrahus. #9001201 Leopard St. Such address may from time to time change by either party hereto by se herein. rving Notice as provided ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this lease shall not be altered, waived, amended or extended otherwise than as provided herein, except same may be done in writing signed by proper authority of both parties. i TRANSFER OF LANDLORD'S LIEN: Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the property and building referred to herein. Such transfers are to be in all things respected and recognized bg Tenant. OTHER CONDITIONS: F i s I i -242- ATTEST: Armando ChaM Date City Secretary City of Corpus Christi Date 22 Ge49er, on"�(0I..Ru i riuKI« Cit City of Corpus Christi 3v GOl WIL-»�--=�� 6 OV �AS TO FORM:APPRs�c �► - �J Date S en.... imtrow A5s't City ttomey fo City Attomey WITNESS MY HAND this 2-1�"' day of n . 20 ... . ' STATE OF TEXAS COUNTY OF NUECES '� This instrument was acknowledg before me on ge, Connie Paries ie �►"Sbw a�2NoPubfic n and for the me of Notary Printed name State of Texas...� My commission expires: IIVarA/MIVw•1VIYF1fIVAIrYlypyndlV wNrMMMNMF//YirMM 1llWwY/VN►•rAa�11V1Y1Pr/YI/V/V1Yi1rNM~/Y�/IYMNwMwrtMlVwllVMi//i//VIY/VIVti'1Y1r+V IY/1� f k!� I - 12 3 —243.-- All WITNESS MY HAND this r day of , 20 el' ,• n P sociates. L. P. Focus Investment Co. L.L.C. General Partner By Robert H. Winter General Manager STATE OF TEXAS } COUNTY OF NUECES} This instrument was ack owledged before me on �n�� " Printed name of Notary Notary Public in and for the State of Texas My commission expires: HARIA f1081TA PINEDA 9 At 1dY.00W18BI0H EXPIRES ! 13 —244— J 1 EXHIBIT "A"' LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to wit: TRACT. Lot No. One (1), Two (2), Three (3), Four(4), Five (5)and Six (B) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (T), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT ll: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof„ recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT Ill: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest comer of the R. M. Keberg Tract, for the northwest corner of this surrey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said tzer� Tract and wi#h the a in the west boundary line of North Broadway, the Southeast comer of said Block 3, the northeast corner of said Kle erq..Tract,-for therNor-thea'st comer of this survey; THENCE South ; [ gree O0W1 6stD'-vvit#i the said West boundary of North Broadway, and east boundary line of said-Weberg-Tract; 30:feet-to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary llne,of sold Kleberg Tract, 301.84 feet to a drill hole ins concrete retaining wall in said east boundary tine of North Carancahua Street, and west boundary line of said Kleberg Tract, for the I southwest corner of this survey; i THENCE North 1 degree 0520" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described In a' certain deed dated May 5, 1930, from R. M.- Kleberg, and wife, Mamie- S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. s' i i ']4 245- I �/ EXHIBi I "i3" FLOOR PLAN �i m QUIK PRIM I � ■ c'i r I j a 9 �s GPM MUAUVI%T 4 1 m -246- 1 . 1 EXHIBIT"C" IMPROVEMENTS All improvements listed below in this Exhibit shall be completed by Landlord and paid for by Tenant in one lump sum as described in another document Scheduled Work Agreement. FLOORING Tile shall be as per building standard. Tenant to select color. COVE BASE Building standard color co-ordinate with carpet. LIGHTING Building standard. CEILING Building standard. ELECTRICAL Building standard WALL CONSTRUCTION Building standard CELL CONSTRUCTION See Scheduled Work Agreement for cell construction t Eons INTERIOR DOORS Building standard EXTERIOR DOORS Building standard See Exhibit"D" t'or construction plans. I -247- V EXHIBIT "D" CONSTRUCTION PLAN LEOPARD SHEETROCK SOLID METAL i. . t- ti•N �TAL MESH 7i F SICK . FINGER MULTI FBAY DNA PRINT J C2-3) PHOTO BOOKING C pqpq MULTI 1 c4-53 ? ' o FEMALE [ �� . S GLE EF 0000 IS 0. UPER I5 R TIGER TIGER `JUDGE TIGER - I TIGER INTCIX:.: RESTRd[]M •j TIGER ,.6 4` 71 MULTI INTOX RESTROOM ._w. COURTROOM t MULTI c2-3) ! f RESTF 311M i SINGL ao t ULTI (3-4) SINGLE RAMP —248- EXHIBIT"E" RULES & REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY 1. The requirements of Tenant will be attended to only upon application at the office of the building. Employees of Landlord will not perform or do anything outside of regular duties, unless under special orders from Landlord's Management Office. 2. Tenant will be allowed access to the building between 7:00 am and 6:04 pm. Tenant may also enter the building after these hours using their lobby keys and their office keys. Anyone not satisfying the watchman of his right to enter the building, may be excluded by him. The Landlord will in no case be liable for damages for any error with regard to the admission to or exclusion from the building of any person. In case of invasion, riot, public excitement or other commotion, Landlord reserves the right to prevent access to the building during the continuance of same by closing doors or otherwise. 3. The sidewalks, entries, passages, court, corridors, stair-ways, elevators and all other common areas shall not be obstructed in any way, by Tenant, his employees or agents, or used by them for purposes other than for ingress or egress to and from their respective suites. 4. All safes or other heavy articles shall be carried up or into.premises only at such times and in such a manner as shall be prescribed by Landlord, and Landlord heavy l In all casesy $mahe right to specify the proper weight and position of any such Y done #o the building by taking in or removing of said articles, or during the time they are in the wa shall be paid by Tenant. Defacing or injuring in any way, in any -- _ -- - - Iear�t. part of the building by Tenant, f its aen ar t 5. No furniture, packages, supplies, equipment or merchandise shall be received in the building or carried up or down elevators, except between such hours and in such elevators as shall e designated by Landlord. Q, No sign, fixture, advertisement or notice shall be displayed, painted or affixed by Tenant on romises of any Tenant any part of the outside or the inside of said building or on orh such s out the pe, style, materials and without the written consent of Landlord, e� nd only then of fed by �ndlord and such approval shall not be other specifications as shall be sp . unreason-ably withheld. inure or T. No Tenant shall obstruct or interfere with the rights of other Tenants or in any of the fire annoy them, or conflict with the laws re at said building or to fire, or any part thereof, or conflict with department, or with any insurance policy P any of the rules or ordinances of the Board �rsonslto �Corpus n the janitor$o sLandlord for the i g, No Tenant shall employ any person or p written consent of of cleaning or taking care of the leased premi nt fortanutloss of properly fromn®loased purpose be responsible to any Tena Y Landlord shall in no waybe for any damage done to the furniture by the janitor or any of premises, however occurring, the or by other person or persons whomever, he a d other pagents of Landlord his employees- at all times keep a passkey and janitor of the building rimy shall at all times be allowed admittance to the leased premises. Landlord and 11 be laced on any doors without the prior written cos sent oaf Landlord, g. No additional locks Sha P keys shall be furnished Y nor shall any duplicate keys be made. All necessary Yase, and Tenant shall then same shall be surrendered to Landlord upon termination of all locks upon da give Landlord or hors of vaults, is agents, explanation of the combination I -249- RULES & REGULATIONS CONrD with the exception of ATM. Keys requested after initial keys have been made will be furnished by landlord with an applicable charge to Tenant. J 10. The restrooms, lavatories, drinking fountains and.other water fixtures shall not be used for any 1 purpose other than those for which they were constructed, and any damage resulting to them from misuse, or defacing or injury of any part of the building shall be bome by the person who shall occasion it. No person shall waste water by interfacing with the faucets or otherwise. Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not to be disposed of in drinking fountains or sinks. 11. No person shall disturb the occupants of the building by the use of any musical instrument, the making of unseemly noises, or by Interfering in any way, No animals will be allowed in the building, with the exception of such animals as specifically trained to aid the handicapped. 12. No bicycles or similar vehicles are to be allowed in the building. 13. Nothing shall be thrown or lowered from any of the windows from the building or down the stairwells or other passages. 14. Landlord shall not be liable for any damages from the stoppage of elevators for necessary repair and maintenance or desired repairs and improvements or delays of any sort or duration in connection with the elevator service, a 15. If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its agents will direct the technicians as to where and how the wires may be introduced, and without such directions no boring or cutting of wires will be permitted, ' .. Id ..r_afny comphensF_ ar.� fluid or other illuminating materials, except candies, and except the electricity in general use in the building. 17. No sleeping, cooking, dyeing clothes, cleaning, or laundering shall be done or permitted on the demised premises without the written consent of Landlord, with the exception of normal microwave oven use. 18. Landlord reserves the-right to exclude or expel from the building any person who, in the judgment of Landlord, is Intoxicated or under the influence of liquor or drugs, or shall in any manner do any act in violation of any rules and regulations of the building. 19. Movement in or out of the building of furniture or office equipment or dispatch or receipt by the Tenant of any merchandise or materials which require the use of elevators or movement through the building entrances or lobby shall be restricted to the hours, designated by Landlord. The Land-lord may require any such movement of furniture or equipment that will interfere with normal building traffic is to be restricted to odd hours, as fopows: after 6:00 am Monday through Friday, or Saturday and Sunday. 20. Removal of fumiture from the building will require presentation of a permit or written authorization to an authorized representative of Landlord. Security guards, janitors, watchmen, as well as employees and agents of Landlord have the right to challenge any and all persons leaving the building with such articles. 21. Canvassing, soliciting -or peddling in -the building is prohibited without written consent from ' Landlord, and Tenant shall cooperate to'prevent same. 22. All stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire , and an open door may permit smoke to enter the area thereby making evacuation impossible. 19 -250- {i EXHIBIT" 1 MAINTENANCE AND REPAIR Tenant shall promptly reimburse Landlord for the cost of repairing or replacing damage. which is caused by Tenant, Tenant's agents, employees, family, or licensees, invitee, visitors, or customers, plus 10% overhead. Landlord may require advance payment therefore prior to repair or j replacement, Landlord shall maintain the interior of Tenants office space In good repair at Tenant's 1 expense. Landlord shall have the right of approval of all repairman or maintenance personnel. Tenant shalt not damage or allow others to damage any portion of the leased premises. Tenant shall pay for unstopping any drains or water closets in Tenant's office space. 4 20 -251— ' EXHIBIT"G" ACKNOWLEDGEMENT OF LEASE The undersigned parties acknowledge that the tease described below is in full force and effect. Date of lease: March 10, 2Q% Landlord: --Wilson PImAs-agelates L. P. Tenant: The,CU gf_QQnpus C Suite No. 113 1,Square feet of rentable area 3.681 Building address:&ILL22pard _ City/County/State/Zip: Corgus!phristi, Nuecu-Tex_as. 78476 Building legal description: The Wilson PIM Mn addition to theQ11y oUCpMUgh ' eCon I=s. hibi ' "• Le l D 'o a s f c mi in and oulliao on attached Exhibit " The commencement date, annual anniversary.date, and ending date. of the initial lease term as defined in paragraph 4.1 of above lease are as follows: Commencement date(month, day, year) Seote bm er 1. 2004 Annual Anniversary date (month, day) Set 1 Ending date(month, day, year) August 31. 2011 The parties acknowledge that the lease has not been amended or modified and that his acknowledgement may be filed of record with the Texas Secretary of State or the county where the building is located in order to record (1) Tenants possession rights to the [eased premises, and (2) Landlord's contractual landlord lien rights over all personal property therein. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's title if Landlord files an affidavit of record, stating that Tenant no longer occupies the premises and that Tenant's right of possession has been lawfully terminated. LANDLORD: TENANT: = filme%nP a Associates. L. P. i Car u hdsti Focus investment Co. L.L.C. General Partner By Robert H. Winter = General Manager Date signed Date signed 21 s -252- ,� LEASE ADDENDUM OF SEPTEMBER 2, 2004 The lease dated April 13, 2004, between Landlord, Wilson Plaza Associates, L-P., and Tenant, The City of Corpus Christi. The above referenced lease is for the demised premises located at 815 Leopard St., Suite 113, Corpus Christi, Texas, and is hereby amended on page 1 to reed as follows: (c) "Demised Premises": Additional net rentable space of 979 square feet as defined by BOMA standards of measurements, shall be added to the existing square footage for a total of 4,710 net rentable square feet, (4) "Basic Rental": A total sum of$395,640.00 (three hundred ninety-five thousand six hundred and forty dollars) payable at 900 Wilson Plaza, Corpus Christi, Nueces County, Texas, in monthly installments of $4,710.00 (four thousand seven hundred and ten dollars) in advance during the lease term beginning September 12, 2004, and ending September 11, 2011. There will be a $25.00 charge for any checks returned for non-sufficient funds. ATTEST.• Armando Chspa, U Robert H. Winter, City Secretary General Manager City of Corpus Christi Focus Investment Co., L.L.C. General Partner a Wlson Plaza Associates, L.P. Date Date e K, Noe, City Manager City of Corpus Christi - Date 1 WAPPROVAS TO FORZ aZastrow, Date Asst City Attorney for. City Attorney, City of Corpus Christi Attachments: Exhibit; "A" Legal Descript4o Exhibit "B" Improvemen Exhibit "C" Construction PL 3r� i EXHIBIT"A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to-wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christ], Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT Il: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof„ recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest rner-of=#4e M-ICabergi-T-morfcar e-perthwast4mmer=ef.tfiis wra Thence-souu East with the south boundary line of said Block 3, and north boundary line of said [Ceberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast comer of said Block 3,the northeast comer of said Kleberg Tract, for the Northeast comer of this survey; THENCE South +I degree 00'West with the said West boundary of North Broadway, and east boundary line of said I4eberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drill hole in a-concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest comer of this survey; THENCE North 1 degree 0520" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. I(leberg, and We, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. I E 13 -254- I �r EXHIBIT"B" IMPROVEMENTS i The work to be completed by the Landlord and paid for by the Tenant is listed below. 1 Expansion#2 as shown on Exhibit"C": 1. An 8'x 5' ramp and an 8"slope with a 4' high x 5"wide sheetrock, textured and painted wall that runs alongside the ramp. 2. Repair walls where necessary paint to match offices Ashmore Paint"blue jean" 3.' *Install 2 fire rated doors Both new doors will be wired for mag locus. Locks and hardware shall be supplied and installed by City 4. Repair carpet where possible or paint concrete floor 5. Permits TOTAL construction $6,200.00 j Expansion#3 as shownonExhibit °C": 1. Remove and cap off HVAC duct for the fire wall 2 Add =HGVAfi det c� is ng pace a lee ew pa -- ee--=— ,r 3. Construct a 6' fire wall, texture, sheetrock and paint Ashmore paint "blue jean" 4. Install 2 four-plea outlets in newly constructed fire wall 5. install building standard ceiling. 6. Install building standard lighting 7. Install cove base-to match existing space 8. Paint floor gray to match existing space 9. Permits TOTAL construction $2,150.00 Additional items: 1. Smoke dampers 2. Light fixture enclosures 3. Wrapping the PVC pipes - TOTAL installation$1,300.00. The completion cost for the expansions including the additional items mentioned above is$9,650.00 15 -255- i �Y)130R #a 1 F EXHIBIT "C" CONSTRUCTION PLAN RESTROOMS _._.. I I RESTROOMS RESTAOMMS INSERT WALL 5' i C L I J'-1 �r WALL }} 4'HIGH X 7-WIDE 8'LONG v v i Z STEP D13WfV OCR ISE AGE Ll U I DOOR 41 -256- STATE OF TEXAS ) COUNTY OF NUECES y OFFICE LEASE EXTENSION AGREEMENT 1. PARTIES: That on this 27th day of September, 2011, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Corpus Christi Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated September 12. 2006, unless otherwise agreed herein, the demised premises described below. A copy of the original, September 12 2006 lease agreement is available in the managers office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza Suite_No. 113 Building street address, city, county, state: 606 N. Carancahua, Corpus Christi, Nueces. Texas. Net rentable square footage of 5.443 as defined by BOMA standards of measurements. 3. TERMS: The term of this lease shall be for two (2l Years firm commencing on December 1. 2011,.and ending November 30 2013. 4. RENTS: Rent shall befiS 197.83 per month, payable in advance, on'the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county as guq e u n y furnished by Landlord for such purposes, 900 Wilson Plaza West Co��ist �e �T8401-0669. Rent received after the first shall be deemed as delinquent:~ In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times. the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for the. igue-lease agreement. 5. USE: Tenant; shall se`�be premises for the following purpose and no other (nature of j Tenant's business) Municipal Court _ 6. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. i —257- 1 i EXECUTED this the da of y 20 Wilson Plaza Associates, L.P. Landlord: f Tenant: Focus Investment Co. L.L.C. General Partner By Herman A. Parker Date: Date: i . —258— : {II J t EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Re-plat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT Il: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in i Block Three (3), of the BLUFF PORTION. of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT 111: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: 1 BEGINNING at -adrill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christi, corner of the R. M. Kleberg Tract, for the northwest corner of this survey; ._..-- - -- - = 1 Thence Sodtli__68_._.egrees-- - boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast comer of said Kleberg Tract, for the Northeast corner of this survey; THENCE south 1 degree 00, West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 39'20" Westparallel with said south boundary line of Block 3, and north boundaryline of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest comer of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and = west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M.. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. —259— i - i EXHIBIT 'B' FLOOR PLAN - - - _ _ - _ - - - - - - - - - - - - - - - - - - - -- - - - - i _ .� _ _ - - _ - _ LAW - _=__=.__-- - OFFrcE - o - � r -260- i i EXHIBIT "C" LANDLORDS'S IMPROVIMENTS Tenant accepts the demised premises in "As is" condition i i i -261 - a i EXHIBIT"Q" RENEWAL OPTION At the end of the original lease term, November 30, 2013, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either at the time of such notice of renewal or at the end of the lease term, The terms of this lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. 1F i —262— f STATE OF TEXAS } i KNOW ALL MEN 13Y THESE PRESENTS COUNTY OF NUECES } LEASE AGREEMENT BY THE CITY OF CORPUS CHRISTI AND WILSON PLAZA ASSOCIATES, L.P. That an this 12"' day of September, 2006 LANDLORD, AND TENANT,_{'4 of C=iis tthrinti.,for and in consideration of the sum of TEN DOLLARS($10.00), and other good and valuable consideration and the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby expressly acknowledged, Landlord hereby leases, dermises and lets unto Tenant, and Tenant hereby accepts the Demised Premises to have and to hold for the lease term and upon the terns and conditions hereinafter stated and agreed to, to-wit: DEFINIT DNS AND BASIC PROVISIONS: The following definitions and basic provisions shall be j construed in conjunction with and limited by the reference thereto in other provisions of this lease and { the Exhibits attached hereto: (a) "Landlord": (b) "Tenant": Cb of Ca=s Chriali "Address": 951 a=rd,Suite_#113-A. r-=LjS Christi, Tx 7a4M_ (c) Demised Premises': Approximately 5,43 net rentable square feet in: The Wilson Plaza:an additional the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A": Legal Description), address of such premises being shown and outlined on attached Exhibit (d) "Lease Term": A period of five (5) years commencing on and ending SAPWhPC 30, 2011. (e) "Basic Rental":A total sum of HiindMd Eigl3tyand!1fxi ? �� arc7 Payable at Wilson Plaza, 6U6 N. Carancahua, #900, Corpus ` Christi, Nueces County, Texas, in monthly installments of$-5,44= in advance, during the lease term. There will be.a $25.i1l1 charge for any checks retumed for non-sufficient funds. Any penalties for late payments by the City are governed by the Texas Government Code. (f) "Prepaid Rental": $5,443Mrepresenting payment of rental for the first month of the lease term. (g) "Security Deposit": $No Security Deposit is on file and none is required. (h) Made Name"and"Permitted Use", bdui ni CmIft. 1 2006-398 09!12106 M2006-290 Wtison Plaza Assaciatew —263— I S } LANDLORD'S SERVICES TO TENANT: A. Janftorfal service(five days a week. Monday through Friday) B. Trash and garbage disposal C. Provide adequate restroom facilities and maintain and keep such facilities sanitary and in operating condition, providing sufficient supplies(soap, toilet tissue,towels and disinfectant) D. Maintain, clean and keep all entranceways, halls and hallways free of unnecessary obstructions and well lit E. Lighting fixtures shall be maintained, including the replacement of fluorescent tubes of proper wattage F. Maintain and keep in good repair the roof and exterior of the building in which the demised premises are located and to maintain and keep in good repair all side walks,walkways, parking areas, private streets, roads and alleys that are a part of the development G. Electricity, water and sewer Failure to any extent to furnish or any stoppage of these defined services, or from any cause, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant or an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord, where responsible, shall use reasonable diligence to reinstate any terminated services listed above promptly, but Tenant shall have no claim whatsoever for rebate of rent or damages on account of any interruptions in service occasioned thereby 'E resulting therefrom. This lease is conditioned upon faithful performance by Tenant of the agreements, covenants, rules and r ulations herein contained and a reed to b Tenant. PAYMeNTS: Tenant will pay all rents and sums provided to be paid by Tenant hereunder at the times and in the manner provided. The obligation of Tenant to pay rent is an independent I I covenant and no act or circumstance whatsoever, whether such act or circumstance constftutes a breach dT covenant by Landlord or not, shall release Tenant of the obligation to pay rent, except as expressly provided herein. CONSTRUCTION OF IMPROVEMENTS: Landlord shall proceed to construct the Demised Premises in compliance with the description of the Landlord's work in Exhibit "C" attached hereto and construct the improvements in accordance with the construction plan, approved by both parties and attached hereto as Exhibit "©". Any differences between Exhibit "C" and Exhibit "D", Exhibit "D"will govern. POSSESSION: The parties hereto anticipate that the leased premises will be ready for Tenant's occupancy on 10-01-06, If the leased premises are not ready for occupancy on I1)-01-06,then the commencement of this lease shall be extended until the leased premises are ready for Tenant's occupancy at which time the events called for herein shall begin. If the leased premises are not ready for Tenant's occupancy on or before 10-01-06, and Such delay is not due to default of Tenant,then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise its right of termination, Tenant shall not have any claim against Landlord for breach of contract, damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. prior to exercising this option to terminate this lease, Tenant shall give Landlord 45 days notice in writing in advance of its intention to exercise such option. If the leased premises are ready for Tenant's 2 i . —264— 1 occupancy prior to the end of said 45 days period, or before notice of cancellation is actually received by Landlord, then this lease shall not be canceled but shall remain in full force and effect. If possession is taken prior to commencement date,then the rent shall be pro-rated. NET RENTABLE AREA: The term "Net Rentable Area (NRA)" as used herein shall refer to all floor areas within the inside surface of the exterior wall enclosing the portion of the leased premises and measured to the mid-point of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator foyers; restrooms, mechanical rooms, janitor closets, building stairs, and other similar facilities for use of all tenants of the building (hereinafter called "Common Area"), but including a proportionate portion of the Common Area factor equal to 1.19742 % of the leased premises square footage excluding such Common Area allocation. No deductions from NRA are made for columns or projections necessary to the building. { COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated by Landlord from time to.time for the common use of all tenants, including amongother facilities, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting failities, hallways, restrooms and other areas and improvements provided by Landlord for the common use of all Tenants, all of which shall be subject. to Landlord's sole management and control and shall be operated and maintained in such a manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and locations of Common Areas and to coristiruct additional buildings, and to eliminate buildings from the plan as shown on Exhibit"B". Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall not solicit business or display merchandise within the Common Area or distribute haodb Its rc wou -m a ere-w t e rights of the persons to use the Cammora Area without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public } from obtaining prescriptive rights to make repairs or alterations. { REPAIRS AND RE-ENTRY: Tenant will at Tenant's own cast and expense, repair or replace any damage or injury done to building or any pant thereof by Tenant, tenant's agents, employees, and invitee, and if Tenant falls to make such repairs or replacements promptly, or within fifteen (15) days of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand. Tenant will notcommit or allow any water damage to be committed on any portion of the Demised Premises, and shall, at termination of this - lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at the date of possession, ordinary wear.and tear excepted, and upon termination of this lease, Landlord shall have the right to re-enter and resume possession of the Demised Premises. ASSIGNMENT SUBLETTING-ALTERATIONS-ADDITIONS-IMPROVEMENTS: Tenant shall not assign or in any manner transfer this lease or any estate or interest therein or allow same to be assigned by operations of law or otherwise, or sublet the Demised Premises or any part thereof, or use or permit same to be used for any purpose other than stated in the use clause hereof, without written,consent of Landlord. Tenant shall not make or allow to be made any alterations or physical additions in or to the Demised Premises without the written consent of Landlord before making such alterations or physical additions and such consent may not be unreasonably withheld, Such alterations, physical additions, or improvements when made to the Demised Premises by Tenant, shall at once become the property of Landlord and shall be surrendered to Landlord upon 3 —265— 1 1 f termination in any manner of this lease;this clause shall not apply to movable fixtures or furniture of Tenant. Tenant can remove fixtures placed in the leased premises solely by Tenant so long as removal does not damage the leased premises or make it less rentable, in Landlord's opinion. Tenant cannot remove carpet or wall covering. TENANT INSURANCE: It is expressly understood and agreed by the parties that Tenant is a self- insured Texas home rule municipality and will self-insure itself against: all claims, demands or actions arising out of or in connection with the Tenant's use or occupancy of thedemised premises. Upon request of the Landlord, Tenant will provide proper proof of self-insurance for the lease term. 1 USE VIOLATIONS AND INSURANCE COVERAGE: Tenant will not occupy or use or permit any portion, of the Demised Premises to be occupied or used for any business or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, or extra hazardous on account of fire; nor permit anything to be done which will in any way increase the rate of fire insurance on the building or its contents, and in the event that by reason of acts of Tenant, there shall be an increase in the rate of insurance on the building or its contents created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such increase. LOSS AND DAMAGE TO TENANT PROPERTY: Tenant agrees that its use and occupancy of the Leased Premises and such.other portions of the Office Building as it is authorized to use under the I terms of this lease shall be wholly and at its own risk, Landlord shall have no-liability for loss or damage to the fixtures or the personal property of Tenant, or those claiming under Tenant whether r ho hi irgtin P0Wng_ � water, gas sewer pipes or otherwise, nor for injury or death to any person, unless such loss, damage, injury or death is caused by the negligent act or omission of Landlord. INDEMNITY LIABILITY AND LOSS OR DAMAGE: By taking possession of the Demised Premises, Tenant accepts same as suitable for the purpose for which same are leased and accepts the building and each and every appurtenance thereof, and Tenant by said act waives any and all-visible defects as well as defects that are ascertainable by the exercise of due diligence. To the extent allowed under Texas law, Tenant agrees that if the Landlord is made a party to any litigation against Tenant relating to property loss or injury which occurred on the Demised Premises during the term of this Lease, and such property loss or injury is not caused in whole or in part by negligent act or omission of Landlord, then Tenant shall, upon receipt of reasonable notice regarding commencement of litigation, hold Landlard harmless and pay all costs, expense, and reasonable attorney fees. DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are located Small be damaged by any means or cause whatsoever except as stipulated under section for"Tenant Responsibilities," not caused or contributed to by the negligence or fault of Tenant, its 9 —266— 1 employees, servants, agents, invitee or visitors, and if repairs of said damage can be reasonably expected to be substantially completed within a period of thirty(30)days by using standard working methods and procedures, Landlord shall within a reasonable time after occurrence of said damage, enter and make repairs and this lease shall not be affected but shall continue in full force and effect. However, if said damage cannot be repaired within a period of thirty (30) working days by using standard working methods and procedures, then this lease shall cease and terminate as of the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately i surrender the Demised Premises to Landlord. if Landlord restores the Demised Premises, Landlord shall within a reasonable period of time enter and make repairs,and this lease shall not be E affected except that rents hereunder shat€be reduced or abated while such repairs are being made for the period of time and in the proportion that the Demised Premises are un tenantable. If, however, such damage is contributed to by or results from the fault or negligence of Tenant, Tenant's employees, agents, servants, invitee or visitors, such damage shall be repaired b p y and at the expense of Tenant, under the control, direction and supervision of Landlord, and the rent shall continue without abatement or reduction. The completion of the repairsof all such damage is subject to reasonable delays resulting from survey of such damage, obtaining plans and letting contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or other causes beyond the control of the party obligated to make such repairs. SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other for"loss arising out of damage to or destruction of the Demised Premises or contents thereof when such loss is caused by any perils included within the State of Texas fire and extended coverage insurance policy. This agreement shall be bindle whether or not such dama a or destruction be caase y negligence-of,either party"Ort heir agents, employees or visitors. LAWS AND REGULATIONS: Tenant will maintain the Demised Premises in a clean and healthful condition and comply with all laws, ordinances, rules and regulations (State, Federal, Municipal, and other agencies or bodies having jurisdiction thereof) with reference to use, conditions or occupancy of the Demised Premises. I RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements and rules of the building, as set forth in Exhibit"E" hereof. Landlord shall at all times have the right to change such rules and regulations or to amend there in such reasonable manner as may be deemed advisable for safety, care and cleanliness of premises and for preservation of good order therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in j writing. ENTRY FOR REPAIRS AND INSPECTION, Tenant will permit Landlord or owner or their officers, agents and representatives right to enter into and upon any and all parts of the Demised Premises at all reasonable hours to inspect same or clean or make repairs, alterations or additions as Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in = rent by reason thereof. NUISANCE: Tenant will conduct its business and control its agents; employees and invitee in such a manner as not to create a nuisance. interfere with, annoy-or disturb other tenants or Landlord in the management of the building. 5 —267— 3 r CONDEMNATION: Should the Demised Premises of the building be taken or condemned in whole or in part for public -purposes, then the term of this lease shall, at the option of the Landlord, forthwith terminate. Landlord shall receive the entire award no claim. from such taking and Tenant shalt have HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the entire Wdover period and will pay all attorney fees and expenses incurred by Landlord In enforcing its rights hereunder. No holding over by Tenant after the term of this lease, as such may be renewed or extended either with or without consent and-acquiescence of Landlord, shall operate to extend this lease for a longer period than one (1) month unless a holdover agreement in writing specifies a longer period, and any holding over with the consent of Landlord in writing (unless such consent shall specify a longer period)shall thereafter constitute this lease as a month-to-month. APPROPRIATION CLAUSE. All parties recognize that the continuation of this lease agreement after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering this lease agreement as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination.being within the sole discretion of the City Council at the time of adoption of such budget. The parties agree that payment of monthly rental rate is subject to annual appropriation of funds for this lease agreement by the City of Corpus Christi. If the lease is not a budget Rem far a erMi0atP_ 1J 31 .,f th Iast s l ear - lease funds have been appropriated. RENTAL ADJUSTMENT: The monthly rental from the anniversary date of this lease to Dedember 31 st of such calendar year shall be as set forth in paragraph (e)Definitions and Basic Provisions of this lease. Effective on the.first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during.the term 3 of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon the greater of(a)the Consumer Price Index (CPi) (Section I below) or(b)the prorated share of Actual Expense Increase of taxes, insurance and utilities (See Section Il below). However, in no event shall the Tenant`s rent be increased in the same year by both the Consumer Price Index - method and the Actual Expense Increase method. 1. CONSUMER PRICE INDEX- On the 1 st day of January of each year referenced above, the: Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Pace Index hes been discontinued) will be compared to the Index on the origination date of this lease and any increase will be multiplied against the monthly rental set forth in paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the next ensuing months(January through and including December). II.' ACTUAL EXPENSE INCREASE: Effective on the 1 st day of January of each year referenced above, the total expense of taxes, insurance and. utilities for the months of January through and including December or the previous calendar year shall be compared to the total expense of taxes, insurance and utilities (which maybe required to be estimated by Landlord) for the next 12 months (January through and including December) and the 6 —268— f r r , r 3 Tenant's monthly rent shall be Increased by 1112th of the Tenant'srorated share hate of such increases in expenses. Tenant's prorated share shall be determined by dividing Tenant's net rentable: space by the total net rentable space in the building. In the event that such an increase is due under this lease, Landlord may notify Tenant in writing of any such increase in the monthly rent, which will then become effective for the months of January through and including December of the applicable calendar year. In the event Landlord fails for any reason t6 notify Tenant of the.increase, or if such increase is not determined until after the 1 st day of January of the effective calendar year, such will not abate or waive the additional rental sums due Landlord and Tenant shall pay all such sums upon demand. The term "calendar year" as used herein means for the months of January through and including December of the year affected by the increase. By way of an example only, if a lease is effective on October 1, 1993 then on January 1, 1995, the monthly rental rate shall be increased based upon one of the methods described above (the Consumer Price Index method or the Actual Expense Increase method)for the calendar year 9994. 1 TENAWr DEFAULT AND REMEDIES: The following events shall be deemed to be events of Default by Tenant under this lease: 'I (1) Tenant shall fall to pay any installment of rent here under and such failure shall continue for a period often (90)days. (2) Save and except for monthly payment of rent, which is covered in subparagraph (1)above, 1 Tenant shall fall to comply with any term, provision or covenant of this lease, and shall not cure such failure within thl 3 ._ore if—Tenant�_ - .x sFiatl riot haue,proceeded with all due diligence to cure such failure on such a manner that such failure is cured in any event within ninety (90) days, after written notice thereof to Tenant. I (3) Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. (4) Tenant or any guarantor of Tenant's obligations under this lease shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, or Tenant or any guarantor of Tenant's obligations under this lease. (6) A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially all of the assets of Tenant or any guarantor of Tenant`s obligations under this lease. (6) Tenant shall desert or vacate any substantial portion of the premises. (7) Tenant shall do or permit to be done anything,which creates a lien upon the premises. Upon the occurrence of any such events of default, Landlord shall have the option to pursue any one or more of the following described remedies, in addition to all other rights and remedies provided at law or in equity, without any notice or demand whatsoever: (A) Landlord may declare this lease terminated by giving notice to Tenant of Landlord's election to terminate the lease and thereby relieving Landlord and Tenant from further liability hereunder. (B) Landlord may terminate this Lease Agreement and the terms created thereby and forthwith i —269— repossess the Demised Premises, with or without process of law, and remove all persons or property from the Demised Premises without being deemed guilty of trespassing or without prejudice to any other remedy of Landlord for such default. Upon such termination, Landlord shall be entitled to recover as damages a sum of money equal to the total of(i)the cost of recovering the Demised Premises; (ii)the unpaid rent earned at the time of termination, plus interest thereon at the maximum lawful rate per annum from the due date; (iii) the present value of the balance of the rentals due for the remainder of the lease term, plus interest thereon at the maximum lawful rate. and (iv) other sums of money and damages owed by Tenant to the Landlord. (C) The Landlord may terminate the Tenant's right of possession (but not the Lease) and may repossess the Demised Premises by forcible entry or detalner suit or otherwise, without demand or notice of any kind to the Tenant and without terminating this Lease, in which event the Landlord may, but shall be under no obligation to do so, relet the same for the account of the Tenant for such reletting the Landlord is authorized, but not required to decorate or to make -any repairs, changes, alterations or additions In or to the Leased Premises that may be necessaryor convenient. If the Landlord shall fall i or refuse to relet the demised premises, or if the demised premises are relet and a sufficient sum shall not be realized from such reletting to pay or satisfy the total of (I) the cost of recovery of the demised premises; (ii) the cost and expenses of such decorations, repairs, changes, alterations and/or additions; (iii) the unpaid rent earned at the time of termination of the Tenant's right of possession plus interest thereon at the maximum lawful rate from the due - date; (iv) the present value of the balance of the rentals due for the remainder of the lease lus ' . _ .._ ...-. - os - damages owed by the Tenant to the Landlord; then, in that event, the Tenant shall satisfy and pay any deficiency which exists upon demand therefore by Landlord. The Tenant agrees that the Landlord may file suit to recover any sums falling due under the terms of this paragraph. No delivery or recovery of any portion due the Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to 1 judgement in favor of the Landlord nor shall such reletting be construed as an election on i the part of the Landlord to terminate this lease, unless a written notice of such intention be given to the Tenant by Landlord. Notwithstanding any such reletting without termination, the- Landlord may at any time thereafter, elect to terminate this Lease for previous breach. In no event shall Tenant be entitled to receive any excess of any rent obtained by reletting over - and above the Basic Rental herein provided. I (D) The Landlord may take such action required to cure the breach and bill Tenant for any I expenses incurred by the Landlord in curing such breach, and the Tenant shall be obligated to pay such bill immediately upon its receipt by Tenant. ATTORNEY FEES: If on account of any breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to enforce or defend any of L'andlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attorney's fees incurred by Landlord in such connection. LATE PAYMENT CHARGES Late Payment charges shall accrue as authorized under the Texas Government Code, Chapter 2251. This charge shall be in addition to all other remedies provided s -270- S I 1 for herein. QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and performing all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Demised Premises. SUBORDINATION: Tenant hereby subordinates this lease and all rights of Tenant hereunder to any mortgage or mortgages, or vendor's lien or similar instruments shall be superior to and prior to this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a purchaser at any such foreclosure sale (any such mortgagee or other lien holder or purchaser at any such foreclosure sale being each hereinafter referred to as "rhe Purchaser at Foreclosure"), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure,as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter, remain bound by novation or otherwise to the same effect as if a new and identical lease Between the Purchaser at Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the term of the lease in effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or to confirm any election to continue this lease in effect in the event of foreclosure, as above provided. SEVbiABILITY: If any clause or provision of this lease is illegal, invalid or unenforceable under present or future laws effective during the term of this lease,then and in that event It is the intention of therties hereto of hP trPrt ►��,.s �� y . - -- .Y-w-v intention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such clause or provision as may be possible and legal, valid and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision or provisions of this lease. MULTIPLE TENANTS: If more than one Tenant is named in this lease,the liability of each shall be joint and several. MiSCELLANEOUS: T. Tenant shall not place, install or operate in the Demised Premises or in any part of the building, any engine or machinery, or maintain, use or keep any inflammable explosive or hazardous material nor do any work causing noxious or malodorous fumes of any kind . whatsoeverwithout prior written consent of Landlord, 2. No signs, advertisements or notices shalt be painted or fixed on or to any windows, or doors, or other parts of the building, except of such color, size and style, and in such places as approved by Landlord. 3. Tenant shall refer all contractors, contractor's representatives and installation technicians, rendering any service-to Tenant to Landlord for Landlord's supervision, approval andcontra! before the performance of any contractual service is done. This provision shall apply to all - work performed in the building including installations of telephones, telegraph equipment, electrical devices, and attachments, and installations of any nature affecting floors, walls, woodwork, trim, windows, ceiling equipment or'any other physical portions of the building. ` y -271 - 1 i Landlord shall not be responsible for any work or for contractor, contractor's representatives, or installation technicians who render any services for the Tenant and Tenant shall hold Landlord harmless therefrom. 4. Directory strips shall be fumished upon move-in, strips requested after Landlord will furnish move-in with an applicable charge. 5. No portion of Tenant's area or any other part of the building shall at any time be used or occupied as sleeping quarters or lodging quarters. 6. All services rendered by Building personnel who is the responsibility. of the Tenant will be charged at current rates,which are subject to increase,with a minimum one(1)hour. 7 Landlord will not be responsible for lost or stolen personal property, equipment, money or jewelry from Tenant's area or public rooms regardless of whether such loss occurs when the area is locked against entry or not. 8. All plans for any improvements or alterations made by Tenant and at Tenant's expense, 'i must be submitted for Landlord's approval. Upon completion of said improvements or alterations, "as built" drawings shall be furnished to Landlord by Tenant at Tenant's expense. 9. Landlord will not permit entrance to Tenant's suite by use of pass keys controlled by Landlord to any person at any time without written permission by Tenant, except employees, contractors, or service personnel directly supervised by Landlord. 10. Tenant warrants that it has had no dealing with any broker or agent in connection with negotiation or execution of this lease rather than Landlord's broken, if any_ Landlord's broker is ARMCO- Gulf Coast LTD. CO. RELi6tA i-N: Upon a#least sixty(60) days' notice to Tenant, the Landlord shall have the right to relocate Tenant within the building in a designated space which is the samesize or larger and of the same quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards, door signs, exterior signage, and to re-establish the Interior as their previous space, etc. Rent shall i not be Increased if the relocation office space is larger. Relocation date shall be contained in the relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with such relocation except for undue delay or property damages caused by Landlord or Landlord's employees, agents or contractors. If and when relocation occurs, the lease shall be amended so as to substitute the new space for the old, NOTICE. Whenever any Notice or Demand is required or permitted pursuant to the terms and condition of this Lease Agreement, such Notice or Demand shall be given or served in person or shall be deemed to have been served, whether actually received or not, when such Notice or Demand is reduced to writing and deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party to whom directed as follows: LANDLORD: TENANT: Wilson Raza Associates L. P. The City of Corpus Christi 606 N. Carancahua. #900 _ 1201 Leopard St. { Cor us IChristi TX 78476 Co us Christi TX 78476 Attn: Director of Municipal Courts i ' to —272— 1 I � I Such address may from time to time change by either party hereto by serving Notice as provided i herein TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this lease shall not be altered, waived, amended or extended otherwise than as provided herein, except same may be done In writing signed by proper authority. TRANSFER OF LANDLORD'S LIEN: Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the property and building referred to herein, Such transfers are to be in all things respected and recognized by Tenant. OTHER CONDITIONS: None. 1 WITNESS MY HAND this I day ofr -t, 20 Wilson Associates L. P. Focus Investment Co. L.L. . General Partner By Robert H. Winter General Manager STATE OF TEXAS } "REM H.DfSHMAN Nof�r COUNTY OF NUECES } '" y public,state of rl My Co"ISS1an Exp ras This instrument was acknowledged before me on 7' e, Winter. General Manager for Focus Investment CD.LLC Gen ral Partner of Wilson plaza Assocta s L.P. Printed name of Notary Notary Public in and forthe State of Texas My commission expires: WITNESS MY HAND this day of �r , 2000 CITY OF CORPUS CHRISTI, TEXAS Attest 11 —273— J � C' rge K. Noe Armand�Chapa City Manager City Secretary Approved as to form: September 12-2006 Lisa Aguilar, s istant City Attorney for City AttorrE y STATE OF TEXAS } i COUNTY OF NUECES} y This instrument was acknowledged before me on �� ,2006 by George K. Noe, City Manager for City of Corpus Christ!, a Texas. home-rule municipality, on behalf of such municipality. Printed name of Notary Notary Public in and for the State of Texa. My commission expires: Gormle parka +r"•.••• ^ t'4�� My Gammlaaion Expires - mbY..tis 2007 SEERETAW�i}�'v i i 1 12 —274— i 1 s ' I ' I j EXHIBIT'W' LEGAL DESCRIPTION Situated fn the County of Nueces, State of Texas, to-Vit TRACT: Lot No. One (1), Two(2), Three(3), Four(4), Five(5)and Six(6)in Nixon Replat of the Lots No. Five (5), Six (B), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18,,Map Records, Nueces County, Texas. 'I TRACT 0: Lots (2), in Block Three (3), Four (4), Nine (9), Ten(10), Eleven(11)and Twelve(12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof„ recorded in Volume A, Page 3, Map Records, Nueces County,Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A Page 3, Map Records, Nuaces County,Texas and being more particularly described by Metes and bounds as follows: j BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Texas and southwest comer of the R. M. Kleberg Tract, for the northwest comer of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence,301.76 feet to a one inch iron pipe in the west boundary line of North Broadway,the Southeast comer of said Block 3, the northeast comer of said Kleberg Tract, for the Northeast comer of this survey; THENCE South 1 degree 00'West with the said Vilest boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast comer of this Survey; THENCE.North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary.line of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Weberg Tract, for the southwest comer of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and i west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Meberg, and We, Mamie S. Kleberia to D. K Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. 13 , —275— 1 f FLOOR PLAN 3> y X— ml, HIM r i Ir a a +�J ■ IA �, b � x rk r K R n ; a C QWK PRlhf jS i M f S - ■ ' z o � to Z i Arl I ' C i +KLt�4L �f L C' .0 I I L- T' ;U i = —276- J { I 1 EXHIBIT"C" LANDLORDS IMPROVEMENTS Tenant accepts Demised Premises in"AS IS"condition, Landlord-has contracted with an independent company to repair the surface of the open parking lot and to re-stripe the parking spaces. { i 11 I I 1 ' 15 —277— E' X H T B 1 T ".D - I [1N PLAN W ILI J _ J i � f 111! � / / •i -- GRANDBERRY i 1 EXHIBIT"E" RULES S REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY The requirements of Tenant will be attended to only upon application at the office of the building. Employees of Landlord will not perform or do anything outside of regular duties, unless under special orders from Landlord's Management Office. 2. Tenant will be allowed access to the building between 7:010 am and 6:00 pm. Tenant may also enter the building after these hours using their lobby keys and their office keys. He may exclude anyone not satisfying the watchmen of his right to enter the building. The Landlord will in no case be liable for damages for any error with regard to the admission to or exclusion from the building of any person. In case of invasion, riot, public excitement or other oommotion, Landlord reserves the right to prevent access to the building during' the 'I oontinuance of same by closing doors or otherwise. 1 3. The sidewalks, entries, passages, court, corridors, stairways, elevators and all other common aireas shall not be obstructed in any way, by Tenant, his employees or agents, or used by them for purposes other than for ingress or egress to and from their respective suites. 1 4. All safes or other heavy articles shall be carried up or into premises only at such times and in { such a manner as shall be prescribed by Landlord, and Landlord shall in.all cases have the j right to specify the proper weight and position of any such safe or heavy article. Any damage done to the building by taking in or removing of said articles,or during the time they are in the leased premises, in any way, shall be paid by Tenant. Defacing or injuring In any wayr in any part of the building by Tenant, his agents or servants, shall be paid by Tenant. miture acka es su lies, a ui ment or merchandise shall be received in the building or carried up or down elevators, except befween suchhouWrn in suM a ova rs designated by Landlord. B. No sign, fixture, advertisement or notice shall be displayed, painted or affixed by Tenant on any part of the outside or the inside of said building or on or about the premises of any Tenant wilthout the written consent of Landlord, and only then of such color, size, style, materials and I other specifications as shall be specified by Landlord and such approval shall not be unreasonably withheld. 7. No Tenant shall obstruct or interfere with the rights of other Tenants or in any way injure or annoy them, or conflict with the laws relating to fire, or with any regulation of the fire department, or with any insurance policy upon said building or any part thereof, or conflict with 1 arry of the rules or ordinances of the Board Of Health Of Carpus Christi,Texas. B. No Tenant shall employ any person or persons other than the janitor of Landlord for the purpose of cleaning or tatting care of the leased premises withoct written consent of Landlord. Landlord shall in no way be responsible to any Tenant for any loss of property from leased premises, however occurring, or for any damage clone to the furniture by the janitor or any of his employees, or by other person or persons whomever, when in the employ of Tenant. The janitor of the building may at all times keep a passkey and he and other agents of Landlord shall at all times be allowed admittance to the leased premises. 9. No additional locks shall be placed an any doors without the priorwritten consent of Landlord, nor shall any duplicate keys be made. Landlord shaft furnish all necessary keys and it shall be surrendered to Landlord upon termination of this lease, and Tenant shall then give Landlord or his agents, explanation of tl•ie combination to all locks upon doors of vaults, with the exception of ATM. Landlord will 'furnish keys requested after initial keys have been made with an applicable charge to Tenant. J _. .._r. _.._. _,. ...__ _... ._..... —279— i - I - I I 10, The restrooms, lavatories, drinking fountains and other water fixtures shall not be used for any purpose other than those for which they were constructed, and any damage resulting to them from misuse, or defacing or injury of any part of the building shall be borne by the person who shall occasion it. No person shall waste water by interfacing with the faucets or otherwise. Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not to be disposed of in drinking fountains or sinks. 11 No person shall disturb the occupants of the building by the use of any musical instrument,the making of unseemly noises, or by interfering in any way. No animals will be allowed in the building,with the exception of such animals as specifically trained to aid the handicapped. 12 No bicycles or similar vehicles are to be allowed in the building. 13 Nothing shall be thrown or lowered from any of the windows from the building or down the stairwells or other passages. 14 Landlord shall not be liable for any damages from the stoppage of elevators for necessary repair and maintenance or desired repairs and improvements or delays of any sort or duration in connection with the elevator service. 15. If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its agents will direst the technicians as to where and how the wires may be introduced, and without such directions no boring or cutting of wines will be permitted. 16. Tenon shall not be permitted to use or keep in the building,any kerosene, camphene, burning fluid or other illuminating materials, except candies, and except the electricity in general use in the building. -- leepi � r,E�,,.r l .c.�rlp�,.a,inner nr lay r�Ph r�r1n +5 n i the demised premises without the written consent of Landlord, with the exception of normal microwave oven use. 18. Landlord reserves the right to exclude or expel from the building any person who, in the judgement of Landlord, is intoxicated or under the influence of liquor or drugs, or shall in any manner do any act in violation of any rules and regulations of the building. 19. Movement in or out of the building of furniture or office equipment or dispatch or receipt by the- : Tenant of any merchandise or materials which require the use of elevators or movement through the building entrances or lobby shall be restricted to the hours designated by Landlord. The Land4ord may require any such movement of furniture or equipment that will i interfere with normal building traffic is to be restricted to odd hours, as follows: after 6:00 am - Monday through Friday, or Saturday and Sunday. 20. Rernoval of furniture from the building will require presentation of a permit or written authorization to an authorized representative of Landlord. Security guards, janitors, weitchmen, as well as employees and agents of Landlord have the right to challenge any and all persons leaving the building with such articies. i 21. Canvassing, soliciting or peddling in the building is prohibited without written consent from Landlord, and Tenant shall cooperate to prevent it. 22. All-stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire, and an open door may permit smoke to enter the area thereby making evacuation impossible. 23. Use of space heaters of any kind are prohibited in Wilson Plaza. a is 1 —280— i EXHIENT"F' MAINTENANCE AND REPAIR Tenant shall promptly reimburse Landlord for the cost of repairing or replacing damage, which is caused by Tenant, Tenant's agents, employees, family, or licensees, invitee, visitors, or customers, plus 10%overhead. Landlord may require advance payment therefor prior to repair or replacement. Landlord shall maintain the interior of Tenant's office space in good repair at Tenant's expense. Landlord shall have the right of approval of al I repairmen or maintenance personnel. Tenant shall not damage or allow others to damage any portion of the leased premises. Tenant shall pay for unstopping any drains or water closets in Tenant's office space. 3 {1J i{{1 I i 1 - 1 I j I i - i , 19 __... .. .._.. _.. _. . ..__..._. _. --281 I of EXHIBIT"G" ACKNOWLEDGEMENT OF LEASE The undersigned parties acknowledge that the lease described below is in full force and effect. ' Date of lease:_Sen=�Pr.12... i._ - -- - - i Landlord. W 13anama Asscdates ' Tenant: Theme ofQQwusSChristi Suiteft. 113-A Square feet of rentable area 5 4 1 Building address: A151 Anpacd City/County/Stste0p: C'=t is.Christi, N Liams, Jexas 75476 i Building legal description:i he VA snn Plaza an additinn#o Fyhi*"X'i gga4 ne�rri ,arl c]MWftE ll+h..lremiq Rs_ �AiII homm iMd[)f ttlin ached Fxhibit"R" _ i The commencement date, annual anniversary date, and ending date of the initial lease term as defined in paragraph 4.1 of above lease are as follows: a Annual Anniversary date(month, day) October 1 Ending date(month, day,year)_,. ...Sepj=ber The paries acknowledge that the lease has not been amended or modified and that his aaknowladgement may be filed of record with the Texas Secretary of State or the county where the building is located In order to record (1) Tenant's possession rights to the leased premises, and (2) Landlorft contractual landlord lien rights over all personal property therein. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's title if Laodlord files an affidavit of-record, stating that Tenant no longer occupies the premises and that Tendnt's right of possession has been lawfully terminated. i LANDLORD: TENANT, Focus In%estment Co. L.L.C. Gaurge K. Noe General Partner By City Manager Robert H.-Winter, General Manager General Manager t Date i Signed Date signed i 20 i -282- i 1 ; i 1 19 S AGENDA MEMORANDUM for the City Council Meeting of November 8, 2091 DATE: T0: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. 1 gustavogo@cctexas.com . 1 361,826.1874 { Perform Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir 1 CAS: i Motion authorizing the City Manager or his designee to execute a service contract with the Texas Water Development Board for the Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon { Reservoir Lake Corpus Christi and Choke Canyon Reservoir are critical reservoirs in the overall water supply to the coastal bend region. The safe yield of the system depends on the reservoir's ability to sustain the storage volume over time. Since it has been over ten years since the last survey was completed, it is imperative that the reservoirs be surveyed to determine the volume and the effects of sedimentation. The last survey of Lake Corpus Christi indicated that the lake has capacity of approximately 254,000 acre-feet of water. The last survey of Choke Canyon Reservoir indicated a capacity of approximately 695,271 acre-feet, This survey will measure the volume of storage and perform a sedimentation analysis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: EMERGENCY INON•EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance —285— PINANC1At IMPACT Not.applicable -.4 Operating-Expense -a Revenue CIP PMJ.oct to Date scal -as -.2011 ;,012 Ex .andltuto,% C1P Current Year Putura Years TOTALS Iud et 8. $ -.3-841,890 a $ 384,890 Eiai�rr�liereal 1 E ended.Amount 0. $ fi1�,2'11 0 $:. 66;2'11 'IhI eTn . . .01 01 $15,uoo BALI�l.GB $ 7 68,679 D' $ 16,fi79 Corrrmetits; Total cost for the,survey 0.rid secjimentation analysis.was$1�9,E�82.D0.whfich based.art currenfi elevation of each reseNoir.An amount of SIM000 progranirried 4n ot-der#a coder arty cQr fingarrcies such as navJg torlat:cbstrucQras encountered during the'fieEd survey..As the reservoirs recede; there may be adt iffen c.0istsrfor dry land survey work as-well. � RE�,OiV11Vl>+N;i�i4Tld�t. Staff•r.ecommends-approval. I_IS.T OP.SUPPORTfNG.110CIIMENT5. Bid•=Quote from Teakas-Water D.eVeilapMont Board' Approvals; Jay RsInI tg., firstUty-Attorrtey i✓an5tafice-SahcheZ,'Vj ector of-Fbancial 5erv10e6 Eddie HOU11 tan,Assistant Diractor'of MartageMerit and Budget �lahnrt Parales,.P:E..;f�sistanf City 1Viar!agar 1 . —286— l TWDB Hydrographic Services Quote A f � � a • Reservoir Name: Lake Corpus Christi Reservoir CPE Elevation: 85.24(current) Reservoir Surface Area(acres). 12,739 Source:hap://wird.tivdb.state.tx.ustinwresinfoMewer htm?DISCL=1& Optipn it Base Rate $32,390.20 $32,390 E *5% contingency $1,619.51 51,620 Total cost for Volumetric Survey 534,009.71 534,010 Option 2 Sedimentation data collection and analysis(base X 35%) 511,336.57 511,337 Sedimentation data collection and analysis(base+(base X 35%)) $43,726.77 543,727 Coring and analysis 55,000.00 $6,000 1 Total cost for Sedimention Survey i y (Base rate+35%Base rate-+5%Base rate-to ntingency+Coring and analysis) $51,346.28 $511346 *Contingency fee not to exceed 5%of the base tete,may be charged for navigational obstructions encountered during the field survey. These obstructions such as submerged trees and vegetation,sand bars,marinas,boat docks and piers delay the data collection process. Created by:Jason Kemp -287- TWDB Hydrographic Services Quote �4pF,'VE�,p�,ir Reservoir Name: Lake Corpus Christi Reservoir CPE Elevation: 94 Reservoir Surface Area(acres). 18,256 Source:httpllwiid.twdb.slate.tx.us/bWrcsinfo/viewer.bun?DISCL-1& Option 1 Base Rate $38,461.15 $38,461 "5% contingency 51,923.06 51,923 Total cost for Volumetric Survey $40,384.211 540,384 Option 2 Sedimentation data collection and analysis(base X35%) $13,461.40 $13,461 Sedimentation data collection and analysis(base+(base X 35%)) 551,922.55 551,923 Coring and analysis $6,000.00 56,000 Total cost for Sedimention Survey ' (Base rate+35%Base rate+5%Base rate-contingency+Coring and analysis) $59,845,61 $59,846 *Contingency fee not to exceed 5%of the base rate,may be charged for navigational obstructions encountered during the field survey. These obstructions such as submerged trees and vegetation,sand bars,marinas,boat docks and piers delay the data collection process. Created by.Jason Kemp —288— TWDB Hydrographic Services Quote Reservoir Name: Choke Canyon Reservoir CPE Elevation: 220.5 Reservoir Surface Area(acres): 25,989 Source:http://wiid.twdb.state.tx.uslims/resinfo/vicw".htm?DISCL--I& Option 1 Base Rate $46,806.67 $46,807 *5% contingency $2,340.33 $2,340 Total cost for volumetric Survey $40,147.001- $49,147 3 i Option Z . Sedimentation data collection and analysis(base X 35%) $16,382.33 $16,382 Sedimentation data collection and j analysis(base+(base X 35%)) $63,189.00 $63,1$9 i Coring and analysis $6,000.00 $6,000 i Total cost for Sedimention Survey (Base rate+35%Base rate+5%Base rate-contingency+Coring and analysis) $71,529.33 $71,529 *Contingency fee not to exceed 5%of the base rate,may be charged for navigational obstructions encountered during the field survey. These obstructions such as submerged trees and vegetation,sand bars,marinas,boat docks and piers delay the data collection process. Created by:Jason Kemp -289- i I I I I 20 0 0 AGENDA MEMORANDUM for the City Council Meeting of October 26, 2011 DATE: 10/25/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH TXDOT FOR AN ADVANCE FUNDING AGREEMENT BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) (Project No. E11114) f AGENDA ITEM: Ordin� a p en increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. B. Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard). BACKGROUND AND FINDINGS: The proposed project is a TXDOT rehabilitation and widening project on BS 286 (Ayers Street) from Holly Road to SH 357 Saratoga Boulevard and will consist of adding a continuous left turn lane, two (2) bike lanes, curb and gutter, sidewalks with curb ramps, and underground stormwater infrastructure. The City is responsible for adjustment of utility valve covers associated with this rehabilitation and widening project. As part of TXDOT's contract with Haas Anderson Construction, the contractor will do the final adjustment of the water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $34,800 for adjusting water valves on BS 286 (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) which is a state on-system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. -293- MENGINEERING QATAEXCHANGEIVELMAP%TxD0rAYERS STREE RAGENDA ITEM.I]CC i Description Total Estimated Federal Participation State Participation Local Participation Cost % Cost % Cost % Cost Engineering b State $9,945.00 0% $O.DD 900% $9,945.40 0% $0.00 Construction (by State) $27,840.00 0% $0.00 0% $0.00 100% $27,840.00 Subtotal $37,785.00 $0.00 $9,945.00 $27,840.00 Environmental Direct State $219.00 0% $0.00 100% $219.00 0% $0.00 Costs (20%) Right of Way ' Direct State $219.00 0% ° ° Preliminary $0.00 9001° $219.00 0/o $0.00 Engineering Costs(20%) Direct Cost Total Engineering { $1,094 Direct State $437.00 0% $0.00 100% $437.00 0% $0.00 1 Costs (40%) Utility Direct State Costs $219.00 0% $0.00 100% $219.00 0% $0.00 (20%) E Construction Direct State Costs $6,960.00 0% $0.00 0% $0.00 100% $6,960.00 3 Indirect State Costs $2,343.00 0% $0.00 100%1 $2,343.00 0% $0.00 j Subtotal $10,397.001 $0.00 $3,437.00 $8,960:00 Total $48,182.001 $0.00 $13,382.00 $34,800.00 ALTERNATIVES: The City could adjust the water valves with City crews or a contractor which would require close coordination and flexibility of work schedules due to the nature of adjusting valves and the time during construction in which the adjustment needs to occur. OTHER CONSIDERATIONS: This work is time sensitive and difficult for the City to coordinate the schedule between the TXDOT contractor and a contractor we hire. It is also more costly to contract for a small amount of work which would include mobilization while the TXDOT contractor is already mobilized. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2004-03 Bond Issue 2004 Projects; FY 2011-12 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. -294- KIENGINEERING DATAMCHANGEIVELMAPITMO-RAYERS STREETVIGENDA ITEM.DOC - FINANCIAL. IMPACT: CIP l Project to Date Expenditures Fiscal Year: 2071-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered 1 Expended Amount This item $34,800.00 $34,800.00 BALANCE 34,800.00 $(34,800.00) Funds : Street Comments: This project is being financed through remaining Bond 2004 proceeds for future TXDOT participation. RECOMMENDATION: It is recommended to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street) from Holly Road to SH 357 Saratoga Boulevard. LIST OF SUPPORTING DOCUMENTS: i Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager i —295— KAENGlNEERING DATAEXGHANGBVELMAMTXOOTWYERS STREMAGENDA ITEM.DOC 1 \Mproject\counci!exhibits\exhE11114.dwg �s RrveR 1 lb � 9v'U M Daly LIP Ao sWc Y _ H z = Q CORPUS J � U cgwsll SAY AGNES HWY 44 0 - x Mo GA , J 6 Y MA w � � � s U i F.M. 42 ' PROJECT LOCATION NAS z Y 1 .b ,�� )�� Pq •b Y� � RjCl FM 2444 CrpP '"�-v 3Qy LAG uNA Q I " L= LOCATION MAP Nor ro ScATE PROJECT M11114 BS 286 (AYERS STREET) CITY COUNCIL ExH►err CITY OF CORPUS CHRISTI, TEXAS FROM HOLLY ROAD TO DEPARTMENT OF ENGINEERING SERVICES SH 357 (SARATOGA BOULEVARD] PAGE: 1 of 1 DATE. 10/25/2011 �++•� Page 1 of 2 Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of $34,800 for the addition of Project #E111'14, BS 286A Ayers Street from Holly Road to SH 357 Saratoga Boulevard Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase revenues and expenditures in the amount of $34,800 for the addition of Project#E11114, BS 286A Ayers Street from Holly Road to SH 357 Saratoga Boulevard Project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Ap roved as to form; 13-Oct-11 iDN1 Veronica Ocanas Assistant City Attorney for City Attorney f I 110811 ORD changing FY2012 by$34,840 for Ayers Project —297— Page 2 of 2 The foregoing ordinance was read for the first time anda reading on this the da of p ssed to its second y , 2011, by the following vote: Joe Adame John E. Marez J Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal i The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez i =ar co-------�--- Kevin Kieschnick David Loeb Priscilla G. Leal PASSED AND APPROVED on this the� day of , 2011. a ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to legal form: 13- 0-11 By: �/Ui� Veronica Ocanas Assistant City Attorney for City Attorney 110811 ORD changing FY2012 by$34,800 for Ayers Project —298— Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with the Texas Department of Transportation (the "AFA"), with no required match, for the adjustment of water valves on BS 286A (Ayers Street) during the rehabilitation and widening of Ayers Street. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including amendments thereto. i ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa .toe Adame City Secretary Mayor APP VEDA O FORM: 10-Oct-11 Veronica Ocanas Assistant City Attorney for City Attorney 1 J:11.ENG11 . . . . . A G E N D A I T E M S12011\110811\110811 RESO AFA Ayers.docx —299— { Corpus Christi, Texas J of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N, Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal 1 1 David Loeb John E. Marez Nelda Martinez 1 Marls Scott J:11.ENG11 . . . . . AGENDA ITEM S1201111108111110811 RESO AFA Ayers.docx -300- f ` CSJ# 0326-05-002 ..I District# 16—Corpus Christi Code Chart 64#.09800 Project: Adjust Water Valves STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, actinq by and through the Texas Department of Transportation, called the "State", and the , acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipes O I el sUbdIV�5E0s; an �_ WHEREAS, Commission Minute Order Number authorizes the State to undertake and com tete a highway improvement generally described as and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of 1 the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, -301 - AFA-AFA VoITIP Page 1 of 5 Revised 44/01/11 ' CSJ#0326-05-002 District# 16—CoMus Christi Code Chart 64#09800 Project. Adjust Water Valves Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessaryri ht of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 6. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. jS. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft®Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own farces or by hiring a consultant or professional provider. At the request of the State, the Local Government,shall submit any information required by the State in the format directed by the State. --302— AFA-AFA VoITIP Page 2 of 5 Revised 04/01/41 l CSJ# 0326-05-002 ! District# 16--Co us Christi Code Chart 64#09800 Project: Ad'ust Water Valves 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to 3 ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and jincorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the _I �= nen#icipated�al�itfomarl�o �ate setaiFNtitfthff=Lrc�1=G�verr��i��rit�en- stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 —Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or —303— ' AFA-AFA VoITIP Page 3 of 5 Revised 04/01/11 C8J#0326-05-002 1 District# 16—Co us Christi' Code Chart 64#09800 Project: Adiust Water Valves ` 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of { the parties), addressed to such party at the following addresses: { Local Government: State: City of Corpus Christi Director of Contract Services Attn: CE q eer _ Texas Department of Transportation P.O. Box 9277 125 E. 11t' Street Corpus Christi, TX 78487-9277 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. j 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. IS. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contrant,�r Indirectly through a subcontract under this AFA-AFA VoITIP Page 4 of 5 Revised 04/01/11 CSJ# 0326-05-002 District# 16—Corpus Christi Code Chart 64#09800 Project: Adjust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100% of the construction costs for adjusting valves on BS 286A from Holly-Road to SH 357 which is anon-system location, including construction items and direct state costs. Engineering 9,945.00 0% $0 100%$ 9,945.00 0% $0 (by State Construction $ 27,840.00 0% $0 0% $0 100% $ 27,840.00 .(by State Environmental 219.00 0% 0 1 DO%$ 219.00 0% 0 i Direct State Preliminary Right of Way $ 219.00 0% $0 100%$ 219.00 0% $0 Engineering Direct State t Direct Cost Costs (20%) Engineering $ 437.00 0% 0 100%$ 437.00 0% $0 Total Direct State $1,094 Costs 40% Utility Direct 219.00 0% $0 100%$ 219.00 0% $0 State Costs (20% Construction Direct State $ 6,960.00 0% $0 0% $0 100% $ 6,960.00 Costs Indirect State Costs $ 2,343.00 0% $0 100%$ 2,343.00 0% $0 Payment by the Local Government to the State upon execution of this Agreement: $34,800.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. —305— AFA-AFA VoITIP Page 1 of 1 Attachment A 1 21 F I I f i 1 1 ' 1 I 1 O f xs:5 AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/25/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Foster Crowell, Director of Wastewater Services ' :Foster@cctexas.com (361) 826-1801 Approval of Amendment No. 1: Broadway Wastewater Treatment Plant Effluent Line Rehabilitation (Project No. E10003) i CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Serviceswith LNV Engineering of Corpus Christi, Texas, in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. BACKGROUND AND FINDINGS: The purpose of this project is to restore the structural integrity of the existing effluent pipeline, increase its capacity from 20 Million Gallons per Day (MGD) to 40 MGD and to maintain the same outfall location as is currently identified in the City's TCEQ discharge permit. The work includes the rehabilitation of approximately 1,300 linear feet of existing 42-inch concrete effluent fine and the installation of approximately 2,600 linear feet of new 42-inch line parallel to the Salt Flats Drainage Ditch from the New Broadway Wastewater Treatment Plant (NBWWTP) to the Port of Corpus Christi ship channel. Other tasks include additional topographic survey along the new route east of the Salt Flats Drainage Ditch, preparation of easement instruments for utility easement land acquisition, construction observation during the construction period, start-up services for coordinating the switch from existing to proposed effluent line and warranty inspection services. . i LNV Engineering was selected to perform the effluent line design under a small AIE contract because of their familiarity with the Broadway Plant Expansion Project. Differing site conditions resulted in a large scale re-design of the effluent line. In order to meet the Broadway Plant Expansion delivery timeline, re-design by contract amendment with LNV Engineering is recommended. CONFORMITY TO CITY POLICY: Consultant design conforms to statutes for professional services selection and is budgeted for in the FY 2011-2012 Capital Budget. —309— KAENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER1E10QD3 BROADWAY WWfP EFFLUENT LINE REHABAMENDMENT No.1AGENDA ITEM 1.D0C.2)0CX EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTAL. CLEARANCES: Wastewater FINANCIAL IMPACT: CIP Project to Date Fiscal Year: 2011-2012 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $32,521,900 $21,000,000 $10,818,600 $64,370,500 Encumbered/ Expended Amount $32,521,900 $32,521,900 This item $245058 $245,158 BALANCE $0 $20,754,842 $10,818,600 $31,603,442 Fund(s): Wastewater CIP Comments: The project design will require approximately seven (7) months, with anticipated construction contract bidding in July-August 2012. Funding for this contract will be required during Fiscal Years 2011-2013 through the completion of construction. RECOMMENDATION: City staff recommends that Amendment No, 1 be executed with LNV Engineering of Corpus Christi, Texas in the amount of$245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —310— KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER%E10003 BROADWAY WVVTP EFFLUENT LINE REHAKAMENDMENT NO,1%AGENDA ITEM 1.DOC.DOCX l PROJECT BUDGET BROADWAY WWTP EFFLUENT LINE REHABILITATION ADJACENT TO BROADWAY WASTEWATER TREATMENT PLANT (INSIDE CITY LIMITS ONLY) (CIP 2010-2012) Project No. E10003 October 25, 2011 FUNDS AVAILABLE: Wastewater CIP (2010-2012)............................................................................... $2,750,000.00 FUNDS REQUIRED: Construction (Engineer's Opinion of Probable Cost)................................................. $2,205,000.00 Contingencies (5%)............................................................................................ 110,250.00 Consultant Fees: Consultant(LNV Engineering, Inc.) * ..................................................................... 288,974.00 Materials Testing (Estimated) .............................................................................. 49,000.00 Reimbursements: j Contract.Adminis#ration (Contract Preparation/Award/Admin)... Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)......................................... 48,125.00 Finance Issuance.............................................................................................. , 6 875 00 Misc. (Printing, Advertising, etc.)...................... 6,875.00 TOTAL.................................................................................,.......................... $2,735,724.00 ESTIMATED PROJECT BUDGET BALANCE........................................................ $14,276.00 Original Small AIE Agreement administratively approved March 10,2010 in the amount of$43,816. I 1 —�11— file : \Mpra•ect\councilexhibits\exhE10003.dwg F.M. s24 'Fees -WUXCES BAY 4- ^ C°art j a °p9RD W' z cows N N s c RDAD c5fluS,!1�y t H 37 e` BA q U r Z � � a AGNES GNES PROJECT NY 44 a uatcu+ LOCATION z CC(+//++ pp U m A BElA = k McctDiN RD, w.aaHr e �, s LOCATION MAP M`a�f aR NOT TO SCALE osoo� Oo N _ sraDrux E PORT AVE �QV COR`PW {! �o w� nQ CYIPJS2l �o�U r cAs�. p ❑� moo 0 0 . a PROJECT SITE D � o El ° �a 0�00 103a�a❑C ED] o a o 'La ❑❑❑❑ro� pp L�❑❑❑� ❑ ❑❑❑❑V ❑L_.._7o INTER5TA'1•E37 aQ❑❑❑❑ ❑❑❑❑0 ❑❑❑�D�DL�®DDa�®®❑❑❑❑❑❑❑❑ o�®0 a f2u00ED1F F-4 SITE LOCATION NOT TO SCALE PROJECT#E10003 CITY COUNCIL EXHIBIT BROADWAY WWTP EFFLUENT PkMNTREGNRGI,S4S DATENGINEERINGRV ' LINE REHABILITATION PAGE: 1 of 1 = = DATE: 10-25-2011 �� J J j i �f 22 I 1 J{III I J 1 a i S 0 U AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/6/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E. Director of Engineering Services petean@cctexas.com, (361) 826-3781 Foster Crowell, Director of Wastewater Operations fosterc@cctexas.com, (361) 826-1801 Approval of Professional Services Contract: Oso Water Reclamation Plant Nutrient Removal Project—Peer Review— Project No. E09007 CAPTION: �Il�i�a�t�4r�i�CiMa+reger.�r=�esignee��c-eeute�atr�� if,�s�n�l��__sw.�th_Er_epcR-_.�_�:w.. and Nichols, Inc. of Corpus Christi, Texas, in the amount of$61,551.00 for the Oso WRP Nutrient Removal Project—Peer Review. CIP WW 02; Project No. E09007 BACKGROUND AND FINDINGS: The City of Corpus Christi (City) owns and operates the Oso Water Reclamation Plant (WRP). The Oso WRP is currently permitted for 16.2 million gallons a day (MGD) average day flow (ADF) and discharges to the Cayo del Oso. The City has been advised by the Texas Commission on Environmental Quality (TCEQ)that the next discharge permit issues for the Oso WRP will contain a more restrictive ammonia limit, which the existing facility cannot meet without modifications. The new permit limits will likely take effect within the next two to three years. In addition, a large portion of the current development within the City of Corpus Christi is within the service area of the Oso WRP, and the City would like to investigate alternatives for increasing the treatment capacity at the Oso WRP. Phase I—Peer Review of Preliminary Engineering Phase The AIE Consultant shall be responsible for peer review of the Technical Memoranda 1, 2, 3, 4 and 5 that have a been prepared by LNV, Inc. / Jacobs Engineering Inc., the A/E Consultant design team for the Oso Water Reclamation Plant (WRP) Nutrient Removal Improvements Project. Phase II —Peer Review of Pilot Study Phase The AIE Consultant shall be responsible for review of pilot study protocols and the data from the pilot study technical memorandum that will be conducted by LNV Inc. /Jacobs Engineering Inc. -315- Phase III—Peer Review of Final Design Phase I The A/E Consultant shall be responsible for peer review of the Technical Specifications and Design Drawings that will be prepared by the LNV, Inc. /Jacobs Engineering Inc. AIE Consultant design team as part of their Final Design Phase Services for OSO Water Reclamation Plant (WRP) Nutrient Removal Improvements Project. The AIE Consultant team will review the engineering service scope for the project to ensure that all the services are completed for Phase 1 —Near Term Nutrient Removal Improvements. ALTERNATIVES: Freese and Nichols Inc. was selected as peer review consultant due to their ranking as 2nd most qualified engineer to perform the interim ammonia reduction treatment improvements at the Oso Water Reclamation Plant. One alternative is not to perform a peer review. Due to the technical nature and schedule constraints, a , peer review was determined by staff to be the best recommended course of action. OTHER CONSIDERATIONS: Effluent ammonia is now a permit requirement for the Oso Water Reclamation Plant. Cayo del Oso (Oso Bay) is on the EPA's list of impaired water bodies due to low dissolved oxygen levels, so now the current discharge permit issued by the TCEQ for Oso WRP includes monitoring and reporting requirements for effluent ammonia. This project is Phase One of a larger Multi-Phase, Multi-Year project at the Oso Water Reclamation Plant.A permanent Ammonia Upgrade project will begin in Year 3 with preliminary design. Peer review of the Oso WRP interim and final improvement projects is a standard engineering practice for major and highly complex projects. This peer review contract will include additional peer review effort for a series of projects taking place { at the Oso WRP. CONFORMITY-To-CITY POLICY:i Conforms to statutes regarding Request for Qualifications process; FY 2011-12 Capital Budget. EMERGENCYINON-EMERGENCY: i NIA DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: CIP Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Budget $571,500 $1,900,000 $9,545,000 $12,016,500 Encumbered / Expended Amount This item $61,551 $61,551 BALANCE $1,838,449 $11,954,949 Fund(s): Wastewater Revenue Bond Comments: The project design will require approximately seven (7) months, with anticipated construction contract bidding in July-August 2012. Funding for this contract will be required during Fiscal Years 2011-2013 j through the completion of construction i I —316— 1 RECOMMENDATION: City staff recommends that a professional services contract be executed to Freese and Nichols, Inc, of Corpus Christi, Texas, in the amount of$61,551 for the Oso Water Reclamation Plant Nutrient Removal Project-- Peer Review, LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services j Eddie Houlihan, Assistant Director of Management and Budget J Juan Perales, Jr., P.E., Assistant City Manager i i I i —317— ii i PROJECT BUDGET OSO WATER RECLAMATION PLANT Interim Ammonia Improvements- Peer Review (INSIDE CITY LIMITS ONLY) (CIP 2010-2093) Project No. E09007 October 25, 2011 FUNDS AVAILABLE: Wastewater CIP (2010-2014)............................................................................... $12,016,500.00 . FUNDS REQUIRED: Construction (LNV- Package#1 Opinion of Probable Cost): Base Bid (Estimated)......................................................................................:. $6,750,890.00 Contingency (10%)............................................................................................. 675089.00 Consultant Fees: Design Consultant(LNV Engineering, Inc.)*............................................................ 597,611.00 Peer Review Consultant(Freese Nichols, Inc.) ........................................................ 61,551.00 aGeotechnical Consultant(Arias&Associates, Inc.)................................................... 4,500.00 __ Water Sa d-Go-n.syKanIs, ln- - ._u,, _� ��; :_ - � _ 7.201.00 Construction Observation (TBD) Estimated Allowance.............................................. 165,000.00 Materials Testing (TBD) - Estimated Allowance........................................................ 35,000.00 Reimbursements: I Contract Administration (Contract Preparation/Award/Admin)..................................... 50,630.00 Engineering Services (Project Mgt/Constr Mgt[Traffic Mgt)......................................... 118,100.00 Finance Issuance.............................................................................................. 16,880.00 00 Misc. (Printing, Advertising, etc.)........................................................................... 16,880.00 TOTAL............................................................................................................ $8,499,332.00 ESTIMATED PROJECT BUDGET BALANCE........................................................ $3,517,168.00 *Contract approved by Council August 29, 2010. -318- I 3 �Mpro ect\councllexhibits\exhE09007.dwg CORPUS cofmsv Baty PROJECT LOCATION ocF9N LA`�FD CA Yo OSO MAS QroC�4 0 1 c� oR A 0�'N G�FNo� 107 Oso Creek 4 � -c-ACZlNA XAD2M LOCATION MAP Nor F0 SCALE PROJECT#E09007 CITY COUNCIL MIBlT Oso (Nater Reclamation Plant Dim,RTIOF CO 1=nfSG1CHRRISic SERMvr S ES Nutrient Removal Project (ammonia) PAGE: 7 of i = DATE; 10/2512011 ±•r -319- l 1 1 1 23 1 �s 0 pqp AGENDA MEMORANDUM sss2 for the City Council Meeting of November 8, 2011 DATE: 11/8/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Construction Contract: Salt Flats Levee System, Phase 1 (Short Term Improvements) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas, in the amount of $208,000 for construction of the Salt Fiats Levee System, - �-_ — BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Capital Improvement Program Sequence No. PH 14 (Salt Flats Levee System, Phase 1). The contract has bid and City Council approval is required for construction to commence. The Salt Flats Levee System has maintenance issues that include tree removal and minor side slope restoration, flap gate replacement and security-at-gate structures. These short term improvements are necessary to insure that the system will function as originally designed. On May 11, 2011, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid Bridges Specialties, Inc. $208,000.00 Sandia, Texas Rockin' n Ranch Services, LLC. $237,965.13 Alice, Texas ALTERNATIVES: There are no alternatives for this project. —323— OTHER CONSIDERATIONS: The City's consultant, Urban Engineering Inc., conducted a bid analysis of the two proposals submitted to the City. The lowest bidder based on the Total Base Bid is Bridges Specialties, Inc. of Sandia, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Bridges Specialties, Inc. has the experience and resources to complete the project. Urban Engineering Inc. recommends that the City award the Base Bid in the amount of $208,000 to Bridges Specialties, Inc. of Sandia Texas. Bridges Specialties, Inc. is currently constructing improvements to Triple Crown and Citation Drive Area Improvements The construction contract was awarded to Bridges Specialties, Inc. on August 30, 2011 (Motion No. M2011- 197). CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011-2012 Capital Budget. EMERGENCY I NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: CIP Project to Date —.-iia .Year:-2_ - .. 2._ .Panditure ... .. . r-ren�Year F,�uawr-e Xaar-s� (CIP only) Line Item Bud et $308,100 $791,900 - $1,100,000 Encumbered / Expended Amount $308,100 $308,100 This item $208,000 $208,000 BALANCE 0 $583,900 - $583,900 Fund(s): Type A Board Sales Tax Proceeds Comments: The project is requires 90 calendar days, with anticipated completion approximately March 2012. - RECOMMENDATION: 1 City staff and Urban Engineering, Inc. recommend that a construction contract be awarded to Bridges Specialties, Inc. of Sandia, Texas, in the amount of $208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term Improvements). i LIST OF SUPPORTING DOCUMENTS: Project Budget - Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez,lnterim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager i -324- 1 a I PROJECT BUDGET SALT FLATS LEVEE SYSTEM - PHASE 1 Project No. E03428 October 25, 2011 FUNDS AVAILABLE: Seawall System CIP Fund $1,100,000.00 FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) $208,000,00 Contingencies $20,800.00 Materials Testing (Estimated) $4,160.00 r ' i Consultant Fees (for short term and long term improvements): Consultant (Urban Engineering)* $303,054.00 R.H. Shackelford, Inc. $49,250.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $16,836.00 Engineering Services (Project MgtlConstr MgtlTraffic Mgt) $17,886.89 _�Misc. (Printing AdvertEs�nc, etc.) ___�.-4.1.00 TOTAL $757,329.89 ESTIMATED PROJECT BUDGET BALANCE $342,670.41 * Contract approved by City Council on March 9, 2010 1 ** Includes construction of short term improvement only -325- 3 - File \Mpro'ecf\councilexhibits\exh342Bd.dwg 24 674 t' ,? UECES 21AYAN 0 4'� a R�rR C+D�'./fi.F'US{ N g� ROAD0 3 �H37 Bey u Hwr 44 ACNES 5� PROJECT a� LOCAnoM CCA 34tGLft w. W.Ponvr �. 4 � f LOCATION MAPS NOT TO SCALE 19-9 SHIP CFIANNHL qr x PROTECTED ARE4 PROJL'C7' rTE v � ❑Lq'� r § INTERSTATE 31 ��j�❑❑ �g �7n❑❑LIQ❑❑❑❑;�r% gBEJ ❑❑ �Q i ®`�®q��L..i II - 7 JE] BBB❑❑❑❑❑❑❑ BES Caters 012017 BAY 00 Li El© �F F;7 Qg SITE LOCATION- PROJECT#3428/CIP No. PH 17 NOT TO SCALE EXHIBIT "- CITY COUNCIL EXHIBIT SALT FLATS LEVEE SYSTEM - CITY OF CORPUS CHRISTI, ip S DEPARTMENT OF ENGINEERING S.Mc s PHASE 1 (SHORT-TERM IMPROVEMENTS) PAGE: i of 7 DATE: 06-21-2011 -326- i i J 24 j S IPC AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/25/2011 i TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services / petean@cctexas.com (361) 826-3781 Foster Crowell, Director of Wastewater Services-- foster@cctexas.com , foster@cctexas.com (361) 826-1801 Approval of Amendment No. 1: Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements j (Project No. 7417) CAPTION: . Motion authorizing the City Manager, or designee, to execute Amendment No. to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $116,860 for the 1 Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. BACKGROUND AND FINDINGS: The proposed project is a Capital Improvement Project whose infrastructure investment directly supports and is funded by City of Corpus Christi Capital Improvement Program Sequence No. WW 05 (Allison WWTP Head Works $ Grit System Improvements). Design and construction of this project is necessary to ensure the Allison Wastewater Treatment Plant will continue to provide regdired pre-treatment with screening and grit removal. The existing screening facility was constructed in 1965 and equipment was last replaced in 1984. The structure and equipment are beyond their service life and this facility is critical to the operations and safety of plant operators. The grit removal structure was constructed in 1984 and the equipment has reached its service life. The structure will be updated with the latest grit removal technology. The proposed Amendment No. 1 consists of site. work and demolition, excavation and backfilling, dewatering, concrete structures, concrete protective coating, grit removal equipment, odor control equipment, grit pumps, isolation gates, electrical, yard piping, concrete pavement and miscellaneous items of work required to complete the project in accordance with plans, specifications and contract documents. CONFORMITY TO CITY POLICY: Consultant design conforms to statutes for professional services selection and is budgeted for in the FY 2011-2012 Capital Budget. EMERGENCY I NON-EMERGENCY: Not applicable. -329- TEMPLATI'=1 NTACLEARANCES: Wastewater FINANCIAL IMPACT: CIP Project to Date Fiscal Year: 2011-2012 Expenditures Current Year Future Years TOTALS (CIP and Line Item Budget $189,400 $285,400 $4,552,100 $4,837,500 Encumbered 1 Expended Amount This item $116,860 $116,860 BALANCE $168,540 $4,720,640 Fund(s): Wastewater CIP Comments: The project design will require approximately seven (7) months, with anticipated construction contract bidding in July-August 2012. Funding for this contract will be required during Fiscal Year 2011-2013 through the completion of construction. RECOMMENDATION: City staff recommends execution of Amendment No. 1 to the Contract for ProfessionalServices with Urban Engineering of Corpus Christi, Texas in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager --330— KIENGINEERING 6ATAEXCHANGEIVELMARWASTEWATER17417 ALLISON Wn?NEW MECHANICAL BAR SCREEN%AMENDMENT NO.1LgGENDA ITEM 1.DOC.DOTX 1 i PROJECT BUDGET ESTIMATE ALLISON PLANT IMPROVEMENTS HEAD WORKS & GRIT SYSTEM IMPROVEMENTS (INSIDE CITY LIMITS ONLY) (CIP 2011-2013) Project No. 7417 October 25, 2011 FUNDS AVAILABLE: Wastewater CIP (2010-2012)............................................................................... $4,837,500.00 FUNDS REQUIRED: ' Construction - Base Bid &Additive Alternate No. 1 (estimate)..................................... $2,609,738.00 1 Contingency (10%)........................................................................ ..................... 260,973.80 Consultant Fees: { Consultant(Urban Engineering) *.......................................................................... 264,480.00 Materials Testing (TBD)- Estimated Allowance........................................................ 35,000.00 Reimbursements: Contract Administration a Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)......................................... 181,406.25 Finance Issuance.............................................................................................. , 12 093 75 Misc. (Printing,Advertising, etc.)........................................................................... 12,093.75 TOTAL...................:........................................................................................ $3,412,066.80 ESTIMATED PROJECT BUDGET BALANCE........................................................ $1,425,433.20 *Original contract awarded by City Council on April 21, 2009 (Motion No. M2009-098). I I -331 - 1 \Mprojec#\councilexhibits\exh7417.dwg r r i' V) N PROJECT SITE Allison WWTP p G,o RIVER x jy 1?1 �F4pq�P . f-+ a _ o 3 Lu Ld 14 tJ � V 0 U L> V Z m Q - U i HWY 44 __.. . .. - A - x LOCATION MAPr3 NOT TO SCALE M _ PROJECT#7417 ALLISON WASTEWATER TREATMENT PLANT CITY COUNCIL EXHIBIT CITYMECHANICAL BAR SCREEN AND GRIT DEPARTMENCORPUS OFp NGNEERWG�SERVCES REMOVAL IMPROVEMENTS PAGE: 1 of 1 DATE. 10/25/2011 i 1 i 25 f S 1 0' v aaPaR AGENDA MEMORANDUM for the City Council Meeting of November 8, 2011 DATE: 10/13/2011 TO: Ronald L. Olson, City Manager 1 FROM: Fred Segundo, AAE, Director of Aviation 361-289-0171 x1216 FredS@cctexas.com 1 i Award Multi-Year Contract for Aviation Business Consultant Services CAPTION: Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L.L.C., for a term of one year, with option to extend for up to four additional one year terms, for Aviation Business Consultant ---SeNi es filaorpus Gu�stiJntarnationat-Aj:rp,orJ fir,+ --- BACKGROUND AND FINDINGS: Trillion Aviation has been the Airport's Aviation Business Consultants for the past three years, successfully negotiating and executing the Business Terms & Conditions of Airline Use & Lease Agreements, Rental Car Agreements, Ground Leases, Bond and Financial related reports and implementing new business models emerging in the Aviation Industry at Small-Medium Hub airports like Corpus Christi. ALTERNATIVES: Continue on a month-to-month with Trillion Aviation as our Aviation Business Consultants, incurring costs on time and materials or hourly rates. I OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: - This Professional Services Agreement complies with all City& State Purchasing & Contracting Policies & Procedures. EMERGENCY INON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Director of Aviation Airport Board —335— ; Assistant Director of Financial Services Assistant City Manager Director of Finance Assistant Director of Management and Budget 3 FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP on[ Current Year Future Years TOTALS Line Item Budget $110,000.00 $110,000.00 Encumbered 1 Ex ended Amount This item BALANCE $110,000.00 $110,000.00 Funds): Comments:Click here to enter text. RECOMMENDATION: i� The Department of Aviation with consent of the Airport Board, recommends award of contract to Trillion Aviation. LIST OF SUPPORTING DOCUMENTS: Executed Contract—Trillion Aviation Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —336— trillion A V I A T I O N MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (the "Agreement") is made and entered into as of November 8, 2011 (the "Effective Date"), by and between Trillion Av, LLC, ("Trillion Aviation"), a Texas limited liability company, with offices at 4301 W. William Cannon Drive, Suite B-150, #293, Austin, Texas 78749, taxpayer identification number 27- 4065198, and the City of Corpus Christi acting through the Corpus Christi International Airport ("City"), a municipal corporation and political subdivision of the State of Texas, with offices at 1000 International Drive, Corpus Christi, Texas 78406, taxpayer identification number 74-6000574. In consideration of the mutual promises or covenants contained in this Agreement, the parties agree as follows: Services This Agreement establishes the terms and conditions under which Trillion Aviation agrees to provide services to City on specific projects. For each such project, Trillion Aviation and City will enter into a mutually agreeable statement of work, signed by both parties, which will be appended hereto (each a "Statement of Work"). Each Statement of W-or—k=wiI-de=lbe-the--seri!lees-te-lie--pe-lar=med=-by—Z itlion-Amatti{aa--:( " 1 pricing, commencement date of the project and estimated performance period, all of ' which shall be negotiated independently for each Statement of Work. Trillion Aviation shall not provide any legal services under this Agreement. In the event of a conflict in terms between this Agreement and any Statement of Work, the terms of that Statement of Work shall govern for that engagement only. Term Termination and Survival The term of this Agreement shall commence on the Effective Date and shall continue for a one (1) year period, and automatically renews for up to four(4) additional one (1) year extension terms, unless terminated as herein provided. Notwithstanding the foregoing, the Services shall be performed within the term specified in the relevant Statement of Work. Notwithstanding the foregoing, either party may terminate this Agreement at any time with or without cause Upon sixty (60) days written notice. Trillion Aviation may terminate this Agreement if City defaults in any payment under this Agreement and does not cure said default within fifteen (15) days after receipt of Trillion Aviation's written notice. In the event of any termination, Trillion Aviation shall be entitled to reimbursement from City for its actual costs incurred, up to and including the date of termination. Any terms of this Agreement which by their nature extend beyond termination of this Agreement shall survive and bind the parties and their successors and assigns. Annual Statement of Work The parties shall develop an annual Statement of Work for each year of the Agreement to identify specific services to be performed by Trillion Aviation, with a not to exceed fee Trillion Aviation 1 City Page 1 10/17/2011 —337— cap listed in the Statement of Work. The initial Statement of Work is attached as exhibit to this Agreement. The Director of Aviation and Trillion Aviation shall develop a new Statement of Work for each succeeding year of the Agreement, subject to mutual written approval of the Director of Aviation and Trillion Aviation and subject to appropriation of funds during the City annual budget process. Payment City agrees to pay Trillion Aviation for Services rendered under any Statement of Work pursuant to the pricing information contained in such Statement of Work. Hourly rates shall not increase above $175.00 per hour during the term. Hourly rates may increase by no more than three (3) percent during any extension term of this Agreement. In addition to Trillion Aviation's fees for Services, City agrees to reimburse Trillion Aviation for all actual expenses incurred in the course of providing Services to City including, but not limited to, travel and ordinary business expenses. Trillion Aviation will bill City on a monthly basis unless agreed otherwise in a Statement of Work. Invoice shall identify number of hours worked and identify project. City shall make payment to Trillion Aviation within thirty (30) days of the date of receipt of Trillion Aviation's invoice. It is agreed that late payments by City will be subject to an interest charge of one (1) percent per month. Payment shall be made to the address set forth in such invoice. Relationship of the Parties Nothing herein contained will be construed to place the parties in the relationship of partners, joint venturers, or principal and agent, and neither party has the power to ----obligate or bind the other in an n matter whatsoever. Trillion Aviation shall not work or assist on any air service development prajecf for the Sari An onnRo7n�ternWion�aTAirporf x� - 3 (SAT). Representations and Warranties Trillion Aviation represents and warrants that all Services will be performed in a good and workmanlike manner consistent with good industry practice and in accordance with the specifications for such services provided in the relevant Statement of Work. Except as explicitly stated in this Agreement, neither party makes any warranties and expressly disclaims any and all warranties, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. City and Trillion Aviation agree that this Agreement is predominantly an agreement for the provision of services. Trillion Aviation shall ensure that all Services and advice provided are in compliance with all applicable Federal grant assurances and applicable rules and regulations of the Federal Aviation Administration. All services shall be in compliance with applicable Local, State, and Federal laws, rules, ordinances and statutes. INDEMNIFICATION TRILLION AVIATION ("CONSULTANT") AGREES TO 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 ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF 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 THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT EXCEPT Trillion Aviation/City Page 2 10/17/2011 - 338— THOSE CAUSED BY THE NEGLIGENCE OF THE CITY. CONSULTANT MUST AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION DEFEND ALL ACTIONS BASED THEREON AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY DAMAGE LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONSULTANT UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Insurance. Trillion Aviation must provide insurance in accordance with the attached insurance exhibit. Notices All notices which are required or may be given pursuant to this Agreement must be in writing and sent to the individual listed below or his successor at the address above first written. Notices shall be delivered via registered or certified mail, postage prepaid, return receipt required or by a recognized courier service such as Federal Express or UPS, with package tracing capability. Change Orders Either party may request in writing that Trillion Aviation make changes, modifications, or enhancements to the Services being provided pursuant to this Agreement ("Service Changes"). The parties will meet to determine whether they desire for Trillion Aviation to proceed with the making of the proposed Service Change. The parties must provide -- —writtensapproval (a-''Change-Or--der29-AQ-=.authori� the aking=Gf=the erAdce-Ehange Change Orders will constitute part of the specific Statement of Work. Confidentiality- ,-Intellectual Property Trillion Aviation agrees to regard and preserve as confidential all information related to the business and activities of City that may be obtained by Trillion Aviation as a result of performing Services under this Agreement. City agrees to regard and preserve as confidential all information related to the business and activities of Trillion Aviation that may be obtained by City as a result of this Agreement and the performance of Services contemplated hereby, including, without limitation, all information regarding pricing of j Services. Both parties agree to hold such information in trust and confidence for the other party and not to disclose such information to any person, firm, or enterprise, or use 1 any such information to its own benefit, or to the benefit of any third party, unless authorized in writing by the party in interest. Information shall not be considered confidential to the extent that such information is: (i) already known free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction; or (iii) generally available to the public, or required to be disclosed under applicable State or Federal laws.. In the course of performance under this Agreement, Trillion Aviation may use products, materials, tools, and methodologies that are proprietary to Trillion Aviation or to third parties (collectively, "Proprietary Items"). City will not have or obtain any rights in such Proprietary Items other than (i) to use them as authorized by Trillion Aviation in writing j from time to time solely for purposes of performing its responsibilities under this Agreement. If Proprietary Items are made available to City, they will be made available "AS IS" and without express or implied warranties of any kind. Nothing in this Agreement will preclude Trillion Aviation from marketing, developing, or using for itself or others, services or products that are the same as or similar to those provided to City by Trillion Trillion Aviation 1 City Page 3 10/17/2011 —339— Aviation pursuant to this Agreement. Furthermore, Trillion Aviation will continue to be free to use its general knowledge, skills, and experience and any ideas, concepts, know- how, and techniques related to the scope of this Agreement and used in the course of i performing its obligations hereunder. Governing Law, Venue This Agreement shall be governed by and construed under the laws of Texas, without regard to the provisions of Texas law regarding conflicts of law. The parties hereby submit exclusively to the jurisdiction of, and agree that venue is proper in, any state or federal court of competent jurisdiction located in Nueces County, Texas. J Miscellaneous 1 No alteration or modification of this Agreement or any Statement of Work will be binding or effective unless in writing and signed by a duly authorized representative of both Trillion Aviation and City. Without the prior written consent of the other party, which consent will not be unreasonably withheld, neither party may assign its rights or obligations under this Agreement except (i) to Affiliates, or (ii) in connection with the sale, merger, or consolidation of its business, or the transfer of all or substantially all of its assets. For purposes of this Agreement, "Affiliate" means, with respect to either party, any entity which directly or indirectly through stock ownership or through other arrangements either controls, or is controlled by, or is under common control with that party. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any provision of this Agreement is held by final_figment of a court of competent jurisdiction to be invalid, illegal or unenforceable;'su InvaT iTef gal or unen orcea Te provision--sFia-lF-e sb evered K from the remainder of this Agreement, and the remainder of this Agreement shall be enforced. This Agreement, together with all Statements of Work, constitutes the entire agreement between the parties when executed by duly authorized signatories of Trillion j Aviation and City. This Agreement may be executed in any number of counterparts and any party hereto may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by reason beyond the reasonable control of such party. Time is of the essence in performance of this Agreement. WHEREAS, the parties hereto entered into this Agreement as of the Effective Date. TRILLION AV, LLC CITY OF CORPUS CHRISTI BY: By: - Name: Daniel Ben&rf Name: Title: President Title: Date: 10 r 7 11 Date: Apprwad as to fOrm:..._.�.� �Is—aAguiI ssis#ant Attorney Trillion Aviation/City Page 4 For City Attorney 10/17/2011 —340— i i 1 INSURANCE REQUIREMENTS A. Trillion Aviation must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Trillion Aviation must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Trillion Aviation through its broker must furnish to the City's Risk Manager a Certificate of Insurance, with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a waiver of subrogation is required for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation required on all Bodily Injury and Property Damage certificates or by applicable policy endorsements Per occurrence-aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations i, 4. Contractual Liability 5. Independent Contractors 6. Personal Injury—Advertising Injury AUTOMOBILE LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired & Non-owned Vehicies PROFESSIONAL LIABILITY including: $1,000,000 per claim/$1,000,000 aggregate Coverage provided must cover officers, directors Defense Costs not included in face value of policy employees and agents If claims made policy, retro date must be prior to 1. ERRORS AND OMMISIONS inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to Trillion Aviation's paid employees WORKERS' COMPENSATION while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT EMPLOYERS' LIABILITY 500,000/500,0001500,000 Trillion Aviation 1 City Page 7 10/17/2011 —341— i C. In the event of accidents of any kind caused by Trillion Aviation at or on the Corpus Christi International Airport, Trillion Aviation must furnish the Risk Manager with copies of all reports of such accidents within ten (1 0) days of accident. II. ADDITIONAL REQUIREMENTS A. Trillion Aviation must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If coverage not written in accordance with Texas law, All Other States (AOS) endorsement must be indicated on the certificate of insurance. B. Trillion Aviation's financial integrity is of interest to the City; therefore, subject to Trillion Aviation's right to maintain reasonable deductibles, Trillion Aviation shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Trillion Aviation's — � -- —� e �...n e—.��-itten oan=ocurr� sis (ora per claim-basis for claims made policies) , by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's i rating of no less than A-VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as j they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Trillion Aviation agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; Trillion Aviation/City Page 8 10/17/2011 -342- 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 f any suspension, cancellation, non-renewal or material change in coverage j initiated by Trillion Aviation, and not less than ten (10) calendar days advance written notice for nonpayment of premium by Trillion Aviation. E. Within five (5) calendar days of the effective date of a suspension, cancellation, or non-renewal of coverage, Trillion Aviation shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Trillion Aviation's performance should there be a lapse in coverage at any time during this contract. Failure to cure a suspension, cancellation, or non-renewal of coverage within a reasonable period and to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Trillion Aviation's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City j shall have the right to order Trillion Aviation to stop work hereunder, -- nd ar cit :hs d a pay t(S �? ro�&g_e_tD-TrillionAviation hereunder until Trillion Aviation demonstrates compliance with the requirements hereof. G.. Nothingherein contained shall be construed as limiting in any way the extent to which Trillion Aviation may be held responsible for payments of damages to persons or property resulting from Trillion Aviation's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Trillion Aviation'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, except for the City's indemnification obligations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Trillion Aviation/City Page 9 10/17/2011 —343— 1 l I 26 I i i Is 0 Pa AGENDA MEMORANDUM Yea for the City Council Meeting of November 8, 2011 1 DATE: 9/30/2011 1 TO: Ronald L. Olson, City Manager 3 ' t FROM: Stephen Draper, Director, Department of Development Services c StephenD@cctexas.com (361) 826-3246 Public Hearing--City Council 1 Zoning case 0911-02: A change of zoning from "CG-2" General Commercial to "IL" Light Industrial. CAPTION: j Ordinance amending the Unified Development Code, upon application by Red Ace Saratoga, Ltd., by changing the UDC zoning map in reference to Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG-2" General Commercial District to the 112' Light Industrial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for Tubiication,--an d d :cfa�irfig arrerrre�g°e y:.: �� M BACKGROUND AND FINDINGS: The proposed use is a vehicle rental business with outdoor storage. The items that will be stored outdoors are light construction equipment (i.e. bobcats) and party equipment(i.e. mobile concession stands, etc.). Outdoor storage requires an industrial zoning to be an acceptable use. The surrounding properties are consistent with more intense uses than the standard general commercial uses. For example, the subject property is located north of the large industrial area of W.O.W. (Way-Out-Weber) including the Air Installation Compatibility Use Zone (AICUZ) area of Navy Outlying Landing Field (NOLF) Cabaniss. Directly across Saratoga Boulevard is a large tract of "IL" Light Industrial zoned properties, as well as, a property adjacent to the east which was granted a Special Permit to allow for an industrial use (Dog Spa). The proposed change of zoning will continue to utilize the existing infrastructure and would have minimal to no impact regarding smart growth. The proposed change of zoning would in fact, be a more closely associated use to the surrounding properties and future development of the area. ALTERNATIVES. Denial of the applicant's request for a change zoning to the "IL" Light Industrial District. OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property as commercial use. The previous use was an Ace Hardware Store. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage commercial development. However, the proposed vehicle rental business with outdoor storage is not a completely unacceptable use to be placed. The surrounding properties must be taken into account. The subject property is located north of the large industrial area of W.O.W. Road (Way-Out- Weber) including the Air Installation Compatibility Use Zone (AICUZ) area of Navy Outlying Landing Field (NOLF) Cabaniss. Furthermore, directly across Saratoga Boulevard is a large tract of 912' Light Industrial —347— I City Council Executive Summary Memorandum Red Ace Saratoga,Ltd.(Case No.0811-02) Page 2 I zoned properties, as well as, a property adjacent to the east that was granted a special permit to allow some industrial uses. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures i Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Comments: NIA RECOMMENDATION: --Rta1 TntagL—ammVsto mm-entWprova1=ottftyt cnIrrg=tcr t1-rer-`IL='�Llghtlrtdl l-W - _-_,. District. LIST OF SUPPORTING DOCUMENTS: Zoning Report Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager KADEVELOPMENTSVC8I6HAREM1.PLANNING COMMISSIONT011 CCISEPT 2o1110911-02 RED ACE SARATOGA,LTD10911.02 RED ACE SARATOGA,LTD.AGENDA MEMO.DOCX -348- 1 CITY COUNCIL ZONING REPORT Case No.: 0911.02 ' Planning Commission Hearing Date: September 14, 2011 q Applicant:Red Ace Saratoga,Ltd. =0 Owner:Red Ace Saratoga,Ltd. 04 •r! Representative: The Clower Company a Legal Description/Location: Saratoga Weber Plaza, Block 9, Lot 2A, located at the southeast A intersection of Saratoga Boulevard(SH 357) and Jefferson Street. From: "CG-2"General Commercial District To: 641I."Light Industrial District Area: 1.72 Acres Purpose of Request: To allow for the operation of a rental business with outdoor storage. Existing Zoning District Existing Land Use Future Land Use q Site "CG-2"General Commercial Commercial Commercial 1 .a a North "IL"Light Industrial Vacant Light Industrial ti1 Light Industrial/ao South "IL7'Light Industrial Commercial Commercial �..7 East "CG-2"General Commercial Commercial Commercial W West "CG-2/SP"General Commercial with a Commercial Commercial Special Permit Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Southside ADP and the adopted Future Lard _ U�.Mai— Map No.: 047,035 Zoning Violations: None Staff's Summary + Requested Zoning:The purpose of the requested"IL".Light Industrial District is to allow a vehicle rental business that will also have outdoor storage of light construction vehicles (i.e. bobcats) and part equipment. • Transportation and Circulation: The subject property fronts upon Saratoga Boulevard, a primary arterial, and Jefferson Road, a local street. Approximately a quarter of a mile to the east is the intersection of Weber Road and Saratoga Boulevard. I Existing R.O.W.and Planned R.O.W.and Urban Trans. Traffic Street Paved Section Paved Section Plan Type Volume O 2007 g Bouleaard 130' R.O.W.,79' paved 130' R.O.W.,79' paved A3 Arterial 18,172 Jefferson Road 50' R.O.W.,28' paved 50' R.O.W.,28' paved Local N/A + Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning would in fact more closely correspond to the proposed future development of this area. Although not currently consistent with existing land use, it fits into the character of surrounding businesses. -349- i i Zoning Report Case No.0911-02,Red Ace Saratoga,Ltd. Page 2 • Comprehensive Plan&Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property as commercial use. The previous use was an Ace Hardware Store. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage commercial development. However, the proposed vehicle rental business with outdoor storage is not a completely unacceptable use to be placed. The surrounding properties must be taken into account.The subject property is located north of the large industrial area of W.O.W. Road (Way-Out-Weber) including the Air installation Compatibility Use Zone (AICUZ) area of Navy Outlying Landing Field (NOLF) Cabaniss. Furthermore, directly across Saratoga Boulevard is a large tract of "IL" Light Industrial zoned properties, as well as,a property adjacent to the east that was granted a special permit to allow some industrial uses. Plat Status: Subject property is platted. j Plannine Commission and Staff'Recommendation: Approval of the change of zoning to the"M ' Light Industrial District. - ts b Number of Notices Mailed Total– 10 within 200' notification area;0 outside notification area 'a+ or –0(inside notification area);0(outside notification area) _— fFior tier ?° insidO.O%As of September 9, 2011 I Attachments: 1. Site—Existing Zoning,Notice Area,&Ownership map i i i - i KADEVELOPMENTSVMSHAREM1.PLANNING COMMiSS[OW011 CCXSEPT 201110911-02 REO ACE SARATOGA,LTD10911.02,RED ACE SARATOGA,LTD.(CG-2 TO!L)CC ZONING REPORT.DOC -350- Ordinance amending the Unified Development Code (UDC), upon application by Red Ace Saratoga, Ltd., by changing the UDC zoning map in reference to Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG-2" General Commercial District to the "IL" Light Industrial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Red Ace Saratoga, Ltd., for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 14, 2011, during a meeting of the Planning Commission; and on Tuesday, November 8, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Saratoga Weber Plaza, Block 9, Lot 2A, from the "CG-2" General Commercial District to the "IL". Light Industrial District, located at the southeast intersection of Saratoga Boulevard (SH357) and Jefferson Street (Zoning Map 047,035) (Exhibit A-"Planning Commission's and Staffs Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed - by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Pian is amended to conform to the UDC, as amended by this ordinance. SECTION S. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. -351- Page 2 of 3 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, 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 Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi W APPROVED AS TO FORM. Thjs.2 'u day of� 2011 eorah Walther Brown sistant City Attorney or City Attorney i K:ILegaNSHAREDILEGAL-DEV.SVCS12011 Agenda\Bruce'Hawn Case No.OB11-01110,18.11.0811-01 Bruce S Hawn(RS-6 to FR)DWBFhal.doc -352- Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, i Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:%LegaIISHAREDILEGAL-DEV.SVCS12011 Agenda\Bruce Hawn Case No.0811-01110.18.11.0811-01 Bruce S Hawn(RS-8 to FR)DWBFirlal.doc --353-- RM- 9 IL Q � s 4 ,� G4 C G - 9 ti SUBJECT CG - 2 RROPERTY CG- - 2 SARA OGA WEBER I � o a � o C2 7 0 � 10 I L 15B 6 SARATOGA W 'B-RRR-PL ZA 1SA IL 3 IL 14 SARAT GA WEBER F a 13 C Q 0 t By, SAM- CASE: ' 0911-02 Exhibit A Planning Commission& - Staff Recommendation SUBJECT From: "CG-2" General Commercial -' ---`PROPERTY ` RM To: "IL" Light Industrial �'� Iowa, W E City.Of Ordinance No. ILOCATION MAPI C a 1 1 27 i i �Gp 1 PQ AGENDA.MEMORANDUM xa for the City Council Meeting of November 8, 2011 DATE: 9/29/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services g,4 StephenD@cctexas.com (361) 826-3246 Public Hearing—City Council Zoning case 0911-03: A change of zoning 1 from "RS-6" Single-Family 6 to "CN-1" Neighborhood Commercial. CAPTION: Ordinance amending the Unified Development Code, upon application by Owner Calallen Baptist Church, by changing the UDC zoning map in reference to Calallen, Block 19, Lots 11 & 12, and Calallen Townsite, Block 19, east 100 feet of Lot 1-A, from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; prow mg a repea er c ause; provr mg a peva ;prov�7�ng ro pu ice ion; an ec aring an emergency. BACKGROUND AND FINDINGS: Calallen Baptist Church is currently located in a"RS-U' Single-Family 6 District. The church is currently a legal allowed use in the "RS-6" Single-Family District. The existing sign on the property measures at 140 square feet and is at 20 feet in height. The sign was granted by a Special Permit in 1986. Based on the Corpus Christi Zoning Ordinance of 1986 and the Unified Development Code (UDC) of today, the sign is non-conforming hence the requirement of the Special Permit. The church wishes to augment the size and height of the current sign and the only mechanism to accomplish this goal would be through a change of zoning. The reasons are two-fold. The first being that the Unified Development Code(UDC) as per Section 3.25.3.D the Board of Adjustment is prohibited from granting a variance on the size of a sign. The second being any alteration of a Special Permit would require a change of zoning. Several years ago the Zoning Ordinance was amended to not allow Special Permits to alter the sign regulations. This restriction was carried forward to the UDC. A change of zoning for the church property would allow the church to upgrade their current sign to a larger commercial grade. The issues surrounding the granting of a change of zoning were presented to the Planning Commission. Such issues outlined focused on the current conformity of a church as an allowed use in the "RS-6" Single-Family 6 District, previous Council policy not to allow zoning changes specifically for sign _ augmentation due to abuse in the late 1980s and 1990s, the setting of precedence by granting the change of zoning, and the due to the precedence a potential influx of land uses wishing to enlarge current signs, specifically billboards. ALTERNATIVES: • Approval of the change of zoning to the "CN-1" Neighborhood Commercial District as requested by the applicant. Denial of the change of zoning to "CN-1" Neighborhood Commercial. —357— 1 - - City Council Executive Summary Memorandum Calallen Baptist Church(Case No.0911-03) 1 Page 2 3 OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as only a portion to be used commercial uses, the majority of the property is designated as medium density residential as the future use. The current use is Calallen Baptist Church, which is an allowed use in the current zoning district"RS-6" Single-Family 6 District. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Northwest ADP both encourage commercial development. However, the proposed change of zoning would place a large section of commercial zoning in the center of a residential neighborhood. The surrounding properties must be taken into account. EMERGENCY/NON-EMERGENCY: Emergency I DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP onl Current Year Future Years TOTALS ine-item-Bad. __ Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: NIA RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the "CN-1" Neighborhood Commercial District for the entire property in lieu thereof approval of a change of zoning to the "CN-1" Neighborhood Commercial District for 100 feet of the subject property along the Interstate 37 frontage. LIST OF SUPPORTING DOCUMENTS: Zoning Report Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager KIDEVELOPMENTSVCSSSHAREDV.PLANNING COMMISSION12011 CQSEPT 201110911.03 CALALLEN BAPTIST CHURCH10911-03 CALALLEN BAPTIST CHURCH AGENDA MEMO 1.DOCX —358— CITY COUNCIL ZONING REPORT Case No.: 0911-03 Planning Commission Hearing Date: September 14, 2011 Applicant: Calallen Baptist Church a Owner: Calallen Baptist Church U Representative: Bill Lathrop a Legal Description/Location: Calallen, Block 19, Lots 11 & 12, Calallen Townsite, Block 14, ALot 7-A and Block 19, Lot 1-A, located north of the intersection of West Redbird Lane and eastbound lane of Interstate 37. From: "RS-6"Single-Family 6 District .� To: "CN-i"Neighborhood Commercial District No Area: 3.27 Acres Purpose of Request: To allow for the installation of a commercial-grade sign. Existing Zoning District Existing Land Use Future Land Use Public/Semi-Public & Commercial&Medium U j Site "RS-6"Single-Family 6 Low DensityResidential DensityResidential Q y y N North "RS-6"Single-Family 6 Low Density Residential Medium Density Residential ,a South "RS-6"Single-Family 6 Low Density Residential Medium Density Residential W East Interstate 37 R.O.W. Right-of-Way Right-of-Way West "RS-6"Single-Family 6 Low DensL Residential Low Density Residential ' Area Development Plan: The subject property is located in the Northwest Area Development Plan (ADP) ander is planned for only a portion to be used commercial uses with the majority for Medium Density Residentiauses. he proposed change of zoning to the "CN-i" Neighborhood Commercial District is not consistent with the Southside ADP and the adopted Future Land Use Map. y Map No.: 065,052 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the requested"CN-1" Neighborhood Commercial District is to allow a commercial grade sign to advertise for Calallen Baptist Church. i • Transportation and Circulation: The subject property fronts upon Interstate 37 Access Road, a designated freeway/expressway and between two local streets: Middle Lane and West Buckhorn Street Existing R.Q.W.and Planned R.O.W.and Urban Trans. Traffic Street Paved Section Paved Section Plan Type Volume YF 2007 a Interstate 37 400' R.O.W. 400' R.O.W. Exrre swa N/A w J2 Middle Lane 50' R.O.W.,28' paved 50' R.O.W., 28' paved Local N/A C6 West Bockhorn Street 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local NIA 0 Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed change of zoning would have drastic to impact regarding smart growth. The proposed change of zoning would allow for a commercial use to move into the area if the church should close. The —359— - Zoning Report Case#:0911-03,Calallen Baptist Church Page 2 proposed change of zoning is not consistent with existing land use, it fits into the character of surrounding businesses. • Comprehensive Plan &Flour BIuff Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as only a portion to be used commercial uses, the majority of the property is designated as medium density residential as the future use.The current use is Calallen Baptist Church, which is an allowed use in the current zoning district "RS-6" Single-Family 6 District. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Northwest ADP both encourage commercial development. However, the proposed change of zoning would place a large section of commercial zoning in the center of a residential neighborhood.The surrounding properties must be taken into account. Plat Status: Subject property is platted. Department Comments: • The church is an allowed and legal use in the current zoning district: "RS-6" Single-Family 6 District. • The change of zoning request is solely for the ability to place a large commercial grade sign. • Previous Council policy was to not allow a change of zoning to occur merely to increase sign size. • Allowing the change of zoning to occur may set a precedent for future cases based only for the purpose of increasing sign size, especially for allowing an increase in the ability to place Alternatives: 1. Approval of the change of zoning to the"CN-1"Neighborhood Commercial District. ! 2. A Special Permit cannot be granted to change sign regulations as per the UDC. i Planning Commission and Staff Recommendation:Denial of the"CN-1"Neighborhood Commercial District for the entire property in lieu thereof approval of a change of zoning to the"CN-1"Neighborhood Commercial District for 100 feet of the subject property along the Interstate 37 frontage. i Number of Notices Mailed Total— 19 within 200' notification area;0 outside notification area Favor —0(inside notification area);0(outside notification area) aU Opposition —0(inside notification area); 0(outside notification area) For 0.0%As of September 9, 2011 Attachment: 1. Site—Existing Zoning,Notice Area&Ownership map MEVELOPMENTSVC&SHARE10\1.PLANNING COMMISSIONL2011 CMSEPT 2011\091 1-03 CALALLEN BAPTIST CHURCH10911-03,CALALLEN BAPTIST CHURCH {RS-6 TO CN-1}CC ZONING REPORTMOC -360- 9 13 R S w S 22 ' FQ.6-ASF (I[ 456789101 23 6 23 18 19 1$ 6 1617 5 i is 5 18-A 14 SUB CT2 IL 3 .4 5 PR0P RTY rx z 12 v7 -A 6 12 ( 0 3 5 8 r17 5 10 4 F rre 4 1 9 721 4 3A O 2-A 10 AJA g 2$A 7 LN 4A 7 F CO - 2 c R er � 1 12 C1 r 6 11 4 5 i0 � 1 .4 9 RA 10 z 7 KN.Q 13 U rlr8 � 3 9 S �s R�� r -10 r4 6 8 7 _ OWIIfH0-U E 23 5 i 5 6 11 12 4 r I!V .-A ._ ,, ST" U' 2 12 K 11 40 ra 39 - 41 G 42 r3 g E F 9 1 43p 800 Preparedr8 Feet t7epartm afDevetopmen , le CASE: 0911-03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 1-1 Limped Industrial District A-1A Apartment House DIstrlet I-2 Light indusldol District 1 f I - A-2 Apartment House District F3 Heavy Industrial District SUBJECT 'T•_ AS Professional O1tica District PUD Planned Unit Development PROPERTY AT Apartment-Tcurist District R-fA One FamiyDwelling District ��., / B-1 Nelghhorhood Business DisMd R-1 S One FerMy Dwelling District �:-�_ i�S\\I B-1A Neighborhood Business District R-1C One Famly Dwelling District - B-2 Boylront Business District R-2 Multiple Dwelling District B-2A Bariierlsland Business District RA One Family Dwelling District - B.3 Business District RE Residential Estate District t -t--�' �•, 13-4 General Business District R TH Townhouse Duelling District B-5 Primary Business District SP Special Permit M Primary Business Core Dlsiricl T-fA Travel Troller Pork District j BD Corpus Chrlatl Beech Design Dist. T-fB Manufactured Nome Perk District - 4 �? F-R Form Rural District T-IC Manufactured Home Subdivision HC Historical-Cullurst Landmark District �) - Preservation ' '�~ - Subject Property Owners kti with 200'buffer O 1" favor S hp City of ^ 4 Owners within 200'listed on Owners attached awnershiptable X inopposttfon LOCATION MAP i Ordinance amending the Unified Development Code (UDC), upon application by Owner, Calallen Baptist Church, by changing the UDC zoning map in reference to Calallen, Block 19, Lots 11 and 12, and Calallen Townsite, Block 19, east 100 feet of Lot 1-A, from the "RS-611 Single-Family 6 District to the "CN-1" Neighborhood Commercial District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Calallen Baptist Church, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 14, 2011, during a meeting of the Planning Commission, and on Tuesday, November 8, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and #EF��S,;th"ity-Coune.il-has-Aeter n-.inedxthat thi"m-endment-vuouid=�est=-so-ve—= ---. ,... public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Calallen; Block 19, Lots 11&12, and Calallen Townsite, Block 19, east 100 feet of Lot 1-A, located north of the intersection of West Redbird Lane and eastbound lane of Interstate 37, from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial, (Zoning Map 065,052) (Exhibit A -"Planning Commission and Staff Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time,except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. i i -362- Ii Page 2 of 3 SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented udder this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for ;E immediate action necessary for the efficient and effective administration of City affairs I and suspends the Charter rule as to consideration and voting upon ordinances attwo regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI �f { Armando Chapa Joe Adame i City of Corpus Christi I APPROVED AS TO FORM: This day of ? , 2011 ist rah Walther Brown ant City Attorney For City Attorney K:ILegai1SHARED\LEGAL-DEV.SVCS\2011 AgendalCalallen Baptist Church\10.7.11.0911-03 Calallen Baptist Church(RS-6 to CN- 1)PC-StaffRecornmend.13WBFinai.doc —363— -X Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, i Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:lLegaRSHAREDIL£GAL-DEV.SVCS12011 Agenda%Calallen Baptist Church110.7.11.0911-03 Calallen Baptist Church(R"to CN- 1)PC-StaffRecommend.DWBFinal,doc —364— r 91 EX 9 RI ERIFOREST N-E i3 RS - 6 9,01.0 2 6A 8 45678 0 6 2518 17 6 0044 16 16 4 5 18-A 14 ' l 3 1 SU PRO ECTTYY L 2 IS ®�-a ER 6 11 $ s se 5 t0 4 7 17 118 4 9 6 3 7A 14 2-A10 8 0 1p 9 z-a 7 H v fac �.,� 1-a �`DD � � 1A a 4-A S . 7 CG- 2 sa RS - 6 i1 g 7Aj 1 12 !'7 6 11 4 1 '� 5 10 z-A 2 ' G 4 1-A R. D 2 7 BUG�CHO0 14B 6 1 14A 9 7 i0 3 R,S - T SR4P 1 6 7 8 4i4o WNNOU 13 G II S 12 4 !VE REST U 2 .12 1 11 � 40 K 41 i3 F G 10 42 39 E as 91 43� FeetPrwx . Depe tat llevelopa�en CA SE: 0911-03 Exhibit A { Planning Commission and4 ill SMECT Staff Recommendation '�;\ PROPERTY ! r f From: "'RS-6"' Single-Family 6 r--, To: "'CN-1" Neighborhood e Commercial 1 S City of Ordinance No. LOCATION MAP r C0 u" l I I 1 28 1 0 AGENDA MEMORANDUM 1852 for the City Council Meeting of October 25, 2011 DATE: October 25, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E. Director of Engineering Services ' petean@cctexas.com, (361)826-3781 UPDATE TO CITY COUNCIL— Broadway Wastewater Treatment Plant STAFF PRESENTER(S): Name Title/Position Department 1. Pete Anaya, P.E. Director Engineering Services 2. Foster Crowell Director Wastewater OUTSIDE PRESENTER{S): Name Title/Position Organization 1. William Causey Project Engineer Carollo Engineering 2. Dan Lyendecker Principal LNV Engineering 3. BACKGROUND : This is an update to City Council on the progress of construction of the new Broadway Wastewater Treatment Plant LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -369- -014'Ibt.:4. -R{ T ' 7 EN,PAYL Er7girTcrS... liVori.'; Fig Wonders • Schedule Status • Budget Status • Work Completed to Date • Questions/ Commets vi#030141:47k 1 • Start date: • Original Contract Comp'etion Date: • Current Contract Comp'etion Date: jy3II • Calendar days used: • Percent of Time used: • Actual .Construction Pecent Complete (September 011): 1 January 25, 2010 January 29, 2013 March 2, 2013 638 58.5% 48.2% WAW DO PARrMENT ii sl II • Recovery schedule ction items - Manpower increase from 0 to 111 workers to allow for concurrent work activities in multiple reas. Increased equipment and aterial resources, i.e.; formwork and hoisting, to support additi� nal manpower. - Restructured schedule aftr identifying key elements of the work to allow for better schedule Flow for other trades and resources. f CierrntwynnOsniof VillASTIEWALM tiisPd-R.rf8iiN7 $55,000,00$ $50,000,000.00 $45,000,000.00 $40,000,000.00 $35,000,000.00 $30,000,000.00 $25,000,000.00 $20,000,000.00 $15,000,000.00 $10,000,000.00 $5,000,000.00 $- Construction Budget Status 0 0 0 0 0 0 0 0 0 0 0 0 r -I ri ri a-1 rY r1 rl ti -i ri ri H ri N a-I c4 rl aa -i ° rI I ljmel a -I ns ma ai 4 oa. CU o al m LL2¢2¢oz0u_<2¢if) oz N ri CU LL N N N N N N N N N In m r -F l ,-I -4 ,-i r -I r -I r-1 c-1 r-1 a-4 1111 fcU O. N 7 g¢2-, m m +LG 0. ¢ ••— Projected (Feb -10) Cumulative Billing — Projected Cumulative Billing WASTEWATER orpAii `M SNT Contract Amount: -.___ _..___ _. _ $50,500,261 - r Est. Amount: $33;746,292 _-. . .__ Percent Est. Earned: 66.'Y - _.--. - ----.- _-_. _ Amount Earned: $26,094,732 Percent Earned: 51.7% _T _ 1111 1111111 11111111111 111 111 A 0 0 0 0 0 0 0 0 0 0 0 0 r -I ri ri a-1 rY r1 rl ti -i ri ri H ri N a-I c4 rl aa -i ° rI I ljmel a -I ns ma ai 4 oa. CU o al m LL2¢2¢oz0u_<2¢if) oz N ri CU LL N N N N N N N N N In m r -F l ,-I -4 ,-i r -I r -I r-1 c-1 r-1 a-4 1111 fcU O. N 7 g¢2-, m m +LG 0. ¢ ••— Projected (Feb -10) Cumulative Billing — Projected Cumulative Billing WASTEWATER orpAii `M SNT Phase 1 Substantial Completion: —June 29 2012 J J Phase 1. Start-up. and Firlal Completion: —August 2012 co •Phase 2 Substantial Co pletio.n: ihase --January 1, 2013 • Phase 2 Start-up and Final Project Completion: — March 2, 2013 Construction of Walls cc WSTEW4TER Construction of Interior end Exterior Walls eilyeleoetwaltrilil wissrEviATER fi�.O'•.A irr.vrN7' Clarifier No. 1 — Construction of Foundation Clarifier No. 2 — Subgracle Preparation 4. WASTEWATER DE PA JT M f N T . • . „- ” 440' 6 m.' "....::'.411101:iiitill _.° i. :'1;1:11: 111';:l• :',;:::"..:41:.:::''.11. 60'6,--- 5'0 - ' '.• . j.,,, I " / i ...•' . '7' - "-. 7, v. , -.• ,, , • "-,=,, 1, 1„ ,,i, ., r.... • ., .: - .1 4 ...., Construction of Walls anq Foundation r -1 cOrifeoqiitt,qpioi WASTEMIR 1) iJ1 P?' rmitxr 0) CO Construction of Cover add Air Piping WASTEWATER f1 10'AIYM N :• . ) Construction of WaUs and Decks ) COAfewswartiml WASTEWATER »KPARTM#&T Construction of Decks EVia ER. 1.1 I: PAwrMh # Retaining Walls Construction of Footings and Walls oil tua4 imanvontt tierrARTMKNT 0) CO Installation of .Electrical Conduit Ckroitiopyrveliigi WASTEWATER i1 di .4 MINI' LNV engineers 1 .architects 1 contractors Ow 4 Cora Anigt WASTEWATER gitriRTudpid T 1 a 1 1 1 I 29 S O o AGENDA MEMORANDUM iaga for the City Council Meeting of October 25, 2011 DATE: October 12, 2011 TO: Ronald L. Olson, City Mana r FROM: Valerie H. Gray, P.E. UPDATE TO CITY COUNCIL—Street Maintenance Finance Ad Hoc Advisory Committee STAFF PRESENTERfl S : Name Title/Position Department 1. Oscar Martinez Asst. City Manager 3. OUTSIDE PRESENTER (S): Name Title/Position Organization 1. Pat Veteto Chairman Street Maint. Finance Ad Hoc Adv. Comm. 2. 3. BACKGROUND : The Street Maintenance Finance Ad Hoc Advisory Committee has been meeting monthly since February 2011. This presentation will provide an update to City Council as well as provide Council the opportunity to give direction on further work the Committee will undertake. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -407- City of Corpus _ = Ch ti 71N Council Presentation October 25, 2011 Street Maintenance Finance Ad Hoc Advisory Committee Update Pat Veteto — Consulting Engineer Gabe Guerra — Financial Industry Darryl Haas — Roadway Contractor Dr. Bob Furgason — At Large Elizabeth Chu Richter— At Large 00 020A T1009 I 1Z c0 r'�e w nY City of Corpus MCh uti COMMITTEE CHALLANGE • Develop and Evaluate Funding Options for Two Plans — $1,250,000,000 10 Year Repair Plan • $98/Mo per Utility Customer (106,172) — $88,000,000 per Year Ongoing Maintenance Plan • $69/Mo per Utility Customer (106,172) • Evaluation Criteria for the Funding Options — Match User Cost with User Benefit — Funding Source Predictable and Stable N 0 — Easy to Implement e m e nt 0��A T10�� Y m p ;& CO r'e w nY City of Corpus FY1981 General Fund Adopted Expenditures — = Christi �^f $49,985,186 NON- DEPARTMENTAL $3,964,861 GENERAL ENGINEERING 7.9% GOVERNMENT $3,031,919 $10,497,863 6.1% 21.0% INSPECTIONS AND OPERATIONS $5,854,461 11.7% FIRE $6,685,735 STREET 13.4% $5,119,213 10.2% PARKS& RECREATION POLICE $4,155,046 $10,676,088 0 0 8.3% 21.4% OEBAT0®ng It a Oc rNE WAY f� City of Corpus FY 2011 General Fund Adopted Expenditures — = Christi $198,266,324 NON- DEPARTMENTAL GENERAL ENGINEERING $6,755,557 ^ o GOVERNMENT $6,421,978 \ 3.4/0 $27,467,797 3.2% I 13.9% SOLID WASTE $23,292,637 11.7% STREET $10,847,401 5.5% FIRE PARKS& $44,409,766 RECREATION 22.4% $15,539,898 7.8% POLICE (2) L $63,531,290 32.0% City Corofpus .. cnrist� Street Metrics Change 1980 - 2010 50 40 30 20 10 0 0 -10 -20 -30 -40 -60 -60 Population Street SY OPQAT0®09 Street Land Area Acres Per %General Budget Per Budget Per Budget Per Miles Acres Person Budget Person Mile SY C ■%Change 23.8 30.6 39.1 35.1 9.2 -50.5 -21.4 -25.4 -30 C SNF WAy�� City of Corpus Annual Street Maintenance Budget Per Person — = Christi g Population 287,439 $350.00 $300.00 $250.00 $200.00 $150.00 $100.00 $50.00 $ Arlington Austin Corpus Corpus Corpus Garland Houston Lubbock Plano San Antonio ®� ��u®�� Christi- Christi Christi 5.5% -10.2% -$88M rME WA's i City of Corpus = = Ch ti 7qmRevise Funding Needs • Use Current Unit Prices on Recent City Projects • Extend Life Cycle From 20 to 30 Years • Modify Street Sections for Three Street Types — Residential — Collector — Arterial • Full Funding Result - $81,100,000/Yr • Cost to Utility Customers - $64/Mo gNO 10& Iz c0 r'e w nY City of Corpus Ch ti Full Funding Impact • Total Annual Funding $81,, 100,,000 — $64/Mo Per Utility Customer (106,172) — Impact 13.3% of All Streets Each Year — Reconstruction • Frequency Years • Annual Funding $59,000,000 • 3.33% Streets/Yr — Overlay • Frequency Years • Annual Funding $14,200,000 • 3.33% Streets/Yr — Seal Coat 9MU • Frequency Years 020A T1009 • Annual Funding $7,900,000 ;� o • 6.66% Streets/Yr ��r�� cow City of Corpus Chnsti Reduced Funding Impact • Total Annual Funding $55,,700,,000 — $44/Mo Per Utility Customer (106,172) — Impact 15% of All Streets Each Year — Reconstruction • Frequency 60 Years • Annual Funding $29,600,000 • 1.67% of Streets/Yr — Overlay • Frequency Years • Annual Funding $14,200,000 • 3.33% of Streets/Yr — Seal Coat 9MU • Frequency Years 020A T1009 • Annual Funding $11,900,000 a • 10.0% of Streets/Yr 0 r'e w nY c City of Corpus Chnsti Reduced Funding Impact • Total Annual Funding $38,, 100,,000 — $30/Mo Per Utility Customer (106,172) — Impact 13.0% of All Streets Each Year — Reconstruction • Frequency 100 Years • Annual Funding $17,700,000 • 1.00% of Streets/Yr — Overlay • Frequency Years • Annual Funding $8,500,000 • 2.0% of Streets/Yr — Seal Coat 9MU • Frequency Years 020A T1009 • Annual Funding $11,900,000 1� o • 10.0% of Streets/Yr ��r,� w�Y coy` City of Corpus Ch uti Cost Per Person Comparison Population 287,439 $300.00 $250.00 $200.00 $150.00 $100.00 — $50.00 — $0.00 ¢oma°� � �,�� `a�� °� Q\a�° �01�0 OMATDOng c0 r'e w nY City of Corpus Ch ti 71ME Funding Summary • $81. 1M/Yr — $64/Mo Per Utility Customer • $55.7M/Yr — $44/Mo Per Utility Customer • $38. 1M/Yr — $30/Mo Per Utility Customer 9TP�O OPUP 11002 r'�e w nY c City of Corpus = = Ch ti Funding Options/Evaluation Funding Option Basis Description Match User Cost Predictability and Ease of With User Benefit Stability of Implementation Funding Source Sales Tax Annual Taxable Sales Property Tax Total Property Value Vehicle Registration Fee Total Vehicles Registered Street Use Fee ESAL or Trips Generated Offsite Parking Space Fee Total Parking Spaces Fuel Tax Annual Gallons Fuel Sold 0 Utility Customer Fee Total Utility Customers 0 Per Capita Fee Population 0 Street Frontage Fee Street Frontage 0 Street Sign Advertising Street Signs 0 Tire Fee Total Tires Sold 0 Battery Fee Total Batteries Sold 0 Development Impact Fee ESAL or Trips Generated 0 Environmental Impact Fee Annual Gallons Fuel Sold 0 Redistribution of RTA Tax Direct Payment to City 0 Trade Asphalt for Water Refineries and City 0 Sell Excess City Property Sell City property Real Estate Transaction Fee Annual Sales 0 Redistribute County Road Tax Direct Payment to City Meets Criterion —Partially Meets Criterion Does Not Meet Criterion e441city of Corpus Christi Promising Options Funding Option Basis Description Match User Cost Predictability and Ease of With User Benefit Stability of Implementation Funding Source Off Street Parking Space Fee Total Parking Spaces Street Frontage Fee Street Frontage Street Use Fee ESAL or Trips Generated 9TP�U c0 r'�e w nY City of Corpus Christi Option Meeting All Criteria • Street User Fee — Based on Trips Generated By Property — Matches User Cost with User Benefit — Predictable and Stable — Easy to Implement 9R0 0MATIOng c0 r'e w nY City of Corpus Chnsti 7q NEXT STEPS • Identify Street User Fee Basis Options — ESAL/s Based on Zoning, Land Use, Traffic Counts, Etc. • Evaluate Fee Basis Options — User Cost/Benefit, Predictable/Stable, Easy to Implement • Compute User Costs for Each Funding Level • Compare Costs with Statewide Averages 9H 0 020A T1009 ,& Iz c0 r'e w nY City of Corpus Ch uti Council Concurrence • Request Council Concurrence With — Street User Fee Concept — Compute Fees for Three Funding Levels • $81.1 M/Yr • $55.7 M/Yr • $38.2 M/Yr gMO OMA T10119 CO r'e w nY , < 1 k „A a FF rt f , y, " P , s ` t t _h f " : — ". t vA, _ a. » P , I ' e -444-