Ordinance No. 15,383 ORDINANCE NO. 15,383
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE FOURTH
AMENDMENT TO THE LEASE OF PREMISES WITH SOLID WASTE, LTD.
INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the Fourth Amendment to the
Lease of Premises with Solid Waste, Ltd. Inc. A copy of said amendment is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, to include the entire month of February.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 23'd day of February, 2023.
OB POWELL, Mayor Pro Tern
ATTEST: of�p,(TOWN
o °
o °
A1qGEQyACKS t,,. •it Cler
' � A OOC�00
APPROVED AS TO
SCOTT LEMO ity Attorney
R:UCaren Anderson ORDINANCES\2023\2023.02.23\FourthAmendment-MarinaL.ease(SolidWasteLtd).docx
EXHIBIT "A"
FOURTH AMENDMENT
TO THE LEASE OF PREMISES
BETWEEN
THE CITY OF BAYTOWN
AND
SOLID WASTE, LTD. INC.
STATE OF TEXAS §
§ KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS §
This Fourth Amendment to the Lease of Premises("Fourth Amendment"), is made by and between
the City of Baytown,a home-rule municipal corporation, located in Harris and Chambers Counties,Texas
("Lessor"),and Solid Waste,Ltd.Inc.,a Texas corporation,("Lessee")on the date hereinafter last specified.
WITNESSETH:
WHEREAS, on February 4, 2002, the City entered into a Lease of Premises Agreement (the
"Lease") with Solid Waste, Ltd. Inc. ("Lessee") for the lease and operation of the Harbor Master Facility
located on a portion of Bayland Island;and
WHEREAS, Lessee exercised its right to extend the Lease for the first five-year option period,
which commenced February 4, 2005; and
WHEREAS,thereafter on January 24, 2008, Lessee exercised its right to extend the Lease for the
second five-year option period, which commenced February 4, 2010; and
WHEREAS, on the 19"' day of March, 2012, the parties amended the Lease to update the rental
payments due to reflect the consumer price index (urban) increases occurring during the time the Lease
payments were suspended due to damages caused by Hurricane Ike("First Amendment");and
WHEREAS,thereafter, Lessee exercised its right to extend the Lease for the Fourth and final five-
year option period, which commenced the 4''day of February,2015; and
WHEREAS,on December 12, 2019, the parties entered an amendment to the Lease to extend the
term of the lease until the 4'''day of February, 2022 (the "Second Amendment"); and
WHEREAS,on January 18,2022,the parties entered an amendment to the Lease to extend the term
of the lease until the 31 day of February,2023 (the "Third Amendment"); and
WHEREAS,the parties desire to amend Lease to extend the term of the same for another year;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
1. Interpretation. Unless a different meaning clearly appears from the context, words and phrases as
used in this Fourth Amendment shall have the same meanings as in the Lease,the First Amendment,
the Second Amendment, and the Third Amendment.
Fourth Amendment,Page 1
2. Amendments.
a. Article 2"Term and Rental," Section 2.02 "Option Period"of the Lease is hereby amended
to read as follows:
2.02 Option Period. Provided Lessee has met all of the obligations of this lease,
the Lessee has the right to extend the Term for an additional period of five
(5) years. If the Lessee elects to extend the Term for the first additional
period of five(5)years and if Lessee has met all of the obligations of this
Lease,the Lessee may also elect to extend the Term for a second additional
period of five (5)years immediately following the first additional period.
If the Lessee elects to extend the Term for the second additional period of
five(5)years and if Lessee has met all of the obligations of this Lease,the
Lessee may also elect to extend the Term for a Fourth additional period of
five (5) years immediately following the second additional period.
Thereafter, the Term shall be extended automatically until February 3,
2024.
b. Article 2 "Tenn and Rental," Section 2.04 "Rental Payments" of the Lease is hereby
amended to read as follows:
2.04. Rental Payments.
(1) January 1, 2003 —December 31, 2004. Starting on January 1, 2003, and
continuing through December 31, 2004, Lessee agrees to pay Lessor rent
in monthly payments as follows:
January1, 2002 .................................................................................$1.00
February1,2002 ................................................................................$1.00
March1,2002 ....................................................................................$1.00
April1, 2002 .....................................................................................$1.00
May1,2002 ................................................................................$1,000.00
June1,2002 ................................................................................$1,000.00
July1, 2002 ................................................................................$1,000.00
August1,2002 ............................................................................$2,000.00
September 1,2002 .....................................................................$2,000.00
October1,2002 .........................................................................$2,000.00
November 1,2002 .....................................................................$2,000.00
December 1, 2002, and the first of each subsequent month through
December 1,2003,the monthly base rent shall be$3,000.00 per month.
(2) January 1, 2004 — August 30, 2008. Starting January 1, 2004, through
August 30, 2008, all rent shall be increased yearly by an applicable CPI
adjustment. The first CPI adjustment shall be calculated based upon the
base rent due on January 1,2004,and increased by(i)the Consumer Price
Index(Urban)of the twelve months prior to January 1,2004,or(ii) 12.5%,
whichever is less. The base rent shall again be increased each year
thereafter based upon the base rent due the then previous year and either
Fourth Amendment Page 2
(i) the Consumer Price Index (Urban) of the twelve months prior to the
five-year anniversary date or(ii) 12.5%, whichever is less. The total CPI
increase in any five year(5)term shall not exceed 12.5%.
(3) September 1, 2008 - March 31, 2012. Starting September 1, 2008, to
March 31,2012,there shall be no rental payment due under this section.
(4) April 1, 2012 - March 1, 2013. For one year commencing on April 1,
2012, Lessee agrees to pay Lessor rent in monthly payments as follows:
April1, 2012 .....................................................................................$1.00
May1,2012 ......................................................................................$1.00
June1,2012 ......................................................................................$1.00
July1,2002 .......................................................................................$1.00
August 1, 2012 ............................$3,905 x(#Occupied Slips/Total Slips)
September 1, 2012 ......................$3,905 x(#Occupied Slips/Total Slips)
October 1, 2012 ..........................$3,905 x(#Occupied Slips/Total Slips)
November 1, 2012 ......................$3,905 x(#Occupied Slips/Total Slips)
December 1, 2012........................$3,905 x(#Occupied Slips/Total Slips)
January 1, 2013............................$3,905 x(#Occupied Slips/Total Slips)
February 1,2013..........................$3,905 x(#Occupied Slips/Total Slips)
March 1,2013..............................$3,905 x(#Occupied Slips/Total Slips)
As used in the above-referenced formula,the number of occupied slips
shall be determined on the last day of the previous month.
(5) April 1, 2013 - March 1, 2014. For one year commencing on April 1,
2013, Lessee agrees to pay Lessor rent in monthly payments as follows:
$3,905 x((#Occupied Slips X 2)/Total Slips);
provided that,once at least half of the slips are occupied,Lessee agrees to
pay Lessor$3,905 per month as rent, regardless if occupancy falls below
50%thereafter.
As used in the above-referenced formula,the number of occupied slips
shall be determined on the last day of the previous month.
(6) April 1, 2014 - March 3, 2024. From and after April 1, 2014, Lessee
agrees to pay Lessor$3,905 per month as rent.
From and after April 1, 2013, all rent shall be increased yearly by an applicable
CPI adjustment. The first CPI adjustment shall be calculated based upon the base
rent due on April 1,2013, and increased by(i)the Consumer Price Index(Urban)
of the twelve months prior to April 1, 2013, or(ii) 12.5%, whichever is less. The
base rent shall again be increased each year thereafter based upon the base rent due
the then previous year and either (i) the Consumer Price Index (Urban) of the
twelve months prior to the five-year anniversary date or(ii) 12.5%, whichever is
less. The total CPI increase in any five-year(5)term shall not exceed 12.5%.
Fourth Amendment,Page 3
C. Article 2 "Term and Rental," Section 2.05 "Rental Payments" of the Lease is hereby
amended to read as follows:
2.05. Additional Rent.
(1) January 1, 2003 —December 31, 2004. Starting on January 1, 2003, and
continuing through December 31, 2004, as additional rent, Lessee shall
pay Lessor 5°o of monthly gross revenues according to the formula below,
which additional rent shall be paid monthly within 45 calendar days after
the end of the month. Such additional rent shall be calculated as follows:
Additional Rent== 5%x(Monthly Gross Revenues-(Base Rent/.05))
By way of example:
r If monthly gross revenues in July of 2003 are$40,000 then
additional rent would be$0.00.
.05 x(40,000-(3,000/.05))_ .05 x(40,000-60,000)
.05 x-20,000==-1000
therefore no additional rent due.
If monthly gross revenues in July of 2003 are$75,000 then
additional rent would be$500.00.
.05 x(75,000-(3,000/.05))= .05 x(75,000-60,000)_
.05 x 10,000 = 500
therefore$500.00 in additional rent would be due.
If the above-referenced formula yields a negative product no additional
rent shall be due.Total monthly rent shall not exceed$5,000.00 per
month.
(2) January 1, 2005 — August 30, 2008. Starting on January 1, 2005, and
continuing through August 30, 2008, as additional rent, Lessee shall pay
Lessor 5% of monthly gross revenues according to the formula below
which additional rent shall be paid monthly within 45 calendar days after
the end of the month. Such additional rent shall be calculated as follows:
Additional Rent=
5%x(Monthly Gross Revenues-(Base Rent/.05))
If the above-referenced formula yields a negative product, no additional
rent shall be due.
(3) September 1, 2008 - March 31, 2012. Starting September 1, 2008, to
March 31,2012,there shall be no additional rent due under this section.
Fourth Amendment,Page 4
(4) Starting on April 1, 2012, and continuing through March 3, 2024, as
additional rent, Lessee shall pay Lessor 5% of monthly gross revenues
according to the formula below which additional rent shall be paid
monthly within 45 calendar days after the end of the month. Such
additional rent shall be calculated as follows:
Additional Rent=
50.o x(Monthly Gross Revenues-(Base Rent/.05))
If the above-referenced formula yields a negative product no additional
rent shall be due.
"Gross Revenues" as used in this section shall mean all amounts received from
whatever sources which are received in connection with the operation of the
Premises Improvements subject to offsets only for refunds, credit card company
fee charges, employee discounts and sales tax. Lessee shall deliver to Lessor by
the 15th of each month, a report in a format approved by the City Manager the
gross revenues of the previous month. Said report shall contain the basis for the
payment and an affidavit from an officer of the Lessee verifying that all of the
information on the submitted report is true and correct. Lessee must keep such
reports and the supporting documentation therefore for at least 4 years.
Lessor shall have the right at any time to audit any and all of the books and records
which in any way relate to gross revenues or the calculation of additional rent to
be paid to Lessor. Lessee shall make all of these records readily available for the
examination within ten days of a request therefore. If any audit by Lessor shows a
deficiency in the amount of additional rent paid to Lessor by more than five percent
(5%), then the cost of the audit shall be paid by Lessee. The additional rent due
and the cost of the audit shall be paid within 10 days' written notice of such
deficiency and the cost of the audit.
3. Interpretation. The provisions of this Fourth Amendment and the provisions of the First
Amendment and the provisions of the Lease should be read together and construed as one
agreement provided that, in the event of any conflict or inconsistency between the provisions
therein, the order of priority of documents shall be this Fourth Amendment, the First Amendment
and then the Lease. Nothing contained in this Fourth Amendment or in the First Amendment or
the Lease shall be construed in any way to limit or to waive the City's sovereign immunity.
4. Non-Waiver, Release. By this Amendment,the City does not consent to litigation or suit, and the
City hereby expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement or any other contract or agreement,any charter,or applicable state law. Lessee hereby
releases, relinquishes and discharges the City, its officers, agents, and employees from all claims,
demands, and causes of action of every kind and character, including the cost of defense thereof,
for any injury to or death of any person (whether they be either of the parties hereto, their
employees,or other Fourth parties)and any loss of or damage to property(whether the property be
that of either of the parties hereto, their employees, or other Fourth parties) that is caused by or
alleged to be caused by,arising out of,or in connection with this Amendment regardless of whether
said claims,demands,and causes of action are covered in whole or in part by insurance.
Fourth Amendment Page 5
S. Authority. The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he/she represents.
6. Effective Date. The effective date of this Amendment shall be on the date this Fourth Amendment
is signed by the City Manager.
IN WITNESS HEREOF,the parties have executed this agreement in duplicate originals at Baytown,Harris
County,Texas.
CITY OF BAYTOWN
JASON E. REYNOLDS, City Manager
DATE
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
Fourth Amendment,Page 6
SOLID WASTE, LTD. IN .
Signature 14
Printed Name
rS�I�,er/
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, N % oe�under igned notary public, on this day personally
appeared l of SOLID WASTE. LTD. INC., on
behalf of such limUd partnership
known to me;
proved to me on the oath of' ; or
proved to me through his/her current
{description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person)
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she
executed that instrument for the purposes and considerat�iontherein expressed.
Given under my hand and seal of office this 1 1`-n day of 'C 2023.
V
Notary Public in and for the State of Texas
� ALISHA M BEGONIA
Notary Public,State of Texas
My Commission Expires IVIy COInItIISsIOn CXp11'eS:
October 28,2026
NOTARY ID 1283422"
Fourth Amendment, Page 7
FOURTH AMENDMENT
TO THE LEASE OF PREMISES
BETWEEN
THE CITY OF BAYTOWN
AND
SOLID WASTE, LTD. INC.
STATE OF TEXAS §
§ KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS §
This Fourth Amendment to the Lease of Premises("Fourth Amendment"),is made by and between
the City of Baytown, a home-rule municipal corporation, located in Harris and Chambers Counties, Texas
("Lessor"),and Solid Waste,Ltd.Inc.,a Texas corporation,("Lessee")on the date hereinafter last specified.
WITNESSETH:
WHEREAS, on February 4, 2002, the City entered into a Lease of Premises Agreement (the
"Lease") with Solid Waste, Ltd. Inc. ("Lessee") for the lease and operation of the Harbor Master Facility
located on a portion of Bayland Island; and
WHEREAS, Lessee exercised its right to extend the Lease for the first five-year option period,
which commenced February 4, 2005; and
WHEREAS, thereafter on January 24, 2008, Lessee exercised its right to extend the Lease for the
second five-year option period, which commenced February 4, 2010; and
WHEREAS, on the 191 day of March, 2012, the parties amended the Lease to update the rental
payments due to reflect the consumer price index (urban) increases occurring during the time the Lease
payments were suspended due to damages caused by Hurricane Ilse ("First Amendment"); and
WHEREAS,thereafter,Lessee exercised its right to extend the Lease for the Fourth and final five-
year option period,which commenced the 4"day of February, 2015; and
WHEREAS, on December 12, 2019, the parties entered an amendment to the Lease to extend the
term of the lease until the 4'day of February,2022 (the "Second Amendment"); and
WHEREAS,on January 18,2022,the parties entered an amendment to the Lease to extend the term
of the lease until the 3`d day of February,2023 (the "Third Amendment"); and
WHEREAS,the parties desire to amend Lease to extend the term of the same for another year;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
1. Interpretation. Unless a different meaning clearly appears from the context, words and phrases as
used in this Fourth Amendment shall have the same meanings as in the Lease,the First Amendment,
the Second Amendment, and the Third Amendment.
Fourth Amendment,Page I
2. Amendments.
a. Article 2"Term and Rental," Section 2.02"Option Period" of the Lease is hereby amended
to read as follows:
2.02 Option Period.Provided Lessee has met all of the obligations of this lease,
the Lessee has the right to extend the Term for an additional period of five
(5) years. If the Lessee elects to extend the Term for the first additional
period of five(5)years and if Lessee has met all of the obligations of this
Lease,the Lessee may also elect to extend the Term for a second additional
period of five (5) years immediately following the first additional period.
If the Lessee elects to extend the Term for the second additional period of
five(5)years and if Lessee has met all of the obligations of this Lease,the
Lessee may also elect to extend the Term for a Fourth additional period of
five (5) years immediately following the second additional period.
Thereafter, the Term shall be extended automatically until February 3,
2024.
b. Article 2 "Term and Rental," Section 2.04 'Rental Payments" of the Lease is hereby
amended to read as follows:
2.04. Rental Payments.
(1) January 1, 2003 —December 31, 2004. Starting on January 1, 2003, and
continuing through December 31, 2004,Lessee agrees to pay Lessor rent
in monthly payments as follows:
January 1,2002 .................................................................................$1.00
February 1,2002 ................................................................................$1.00
March1,2002 ....................................................................................$1.00
April1,2002 .....................................................................................$1.00
May 1,2002 ................................................................................$1,000.00
June1,2002 ................................................................................$1,000.00
July1,2002 ................................................................................$1,000.00
August1,2002 ............................................................................$2,000.00
September 1,2002 .....................................................................$2,000.00
October 1, 2002 .........................................................................$2,000.00
November 1, 2002 .....................................................................$2,000.00
December 1, 2002, and the first of each subsequent month through
December 1,2003,the monthly base rent shall be$3,000.00 per month.
(2) January 1, 2004 — August 30, 2008. Starting January 1, 2004, through
August 30, 2008, all rent shall be increased yearly by an applicable CPI
adjustment. The first CPI adjustment shall be calculated based upon the
base rent due on January 1,2004,and increased by(i) the Consumer Price
Index(Urban)of the twelve months prior to January 1,2004,or(ii) 12.5%,
whichever is less. The base rent shall again be increased each year
thereafter based upon the base rent due the then previous year and either
Fourth Amendment,Page 2
(i) the Consumer Price Index (Urban) of the twelve months prior to the
five-year anniversary date or(ii) 12.5%, whichever is less. The total CPI
increase in any five year(5) term shall not exceed 12.5%.
(3) September 1, 2008 - March 31, 2012. Starting September 1, 2008, to
March 31,2012,there shall be no rental payment due under this section.
(4) April 1, 2012 - March 1, 2013. For one year commencing on April 1,
2012, Lessee agrees to pay Lessor rent in monthly payments as follows:
April1, 2012 .....................................................................................$1.00
May1,2012 ......................................................................................$1.00
June1,2012 ......................................................................................$1.00
July1,2002 .......................................................................................$1.00
August 1, 2012 ............................$3,905 x(#Occupied Slips/Total Slips)
September 1,2012 ......................$3,905 x(#Occupied Slips/Total Slips)
October 1,2012 ..........................$3,905 x(#Occupied Slips/Total Slips)
November 1,2012 ......................$3,905 x(#Occupied Slips/Total Slips)
December 1,2012........................$3,905 x(#Occupied Slips/Total Slips)
January 1,2013............................$3,905 x(#Occupied Slips/Total Slips)
February 1,2013..........................$3,905 x(#Occupied Slips/Total Slips)
March 1, 2013..............................$3,905 x(#Occupied Slips/Total Slips)
As used in the above-referenced formula,the number of occupied slips
shall be determined on the last day of the previous month.
(5) April 1, 2013 - March 1, 2014. For one year commencing on April 1,
2013,Lessee agrees to pay Lessor rent in monthly payments as follows:
$3,905 x((#Occupied Slips X 2)/Total Slips);
provided that, once at least half of the slips are occupied,Lessee agrees to
pay Lessor $3,905 per month as rent, regardless if occupancy falls below
50%thereafter.
As used in the above-referenced formula,the number of occupied slips
shall be determined on the last day of the previous month.
(6) April 1, 2014 - March 3, 2024. From and after April 1, 2014, Lessee
agrees to pay Lessor$3,905 per month as rent.
From and after April 1, 2013, all rent shall be increased yearly by an applicable
CPI adjustment. The first CPI adjustment shall be calculated based upon the base
rent due on April 1,2013,and increased by(i)the Consumer Price Index (Urban)
of the twelve months prior to April 1, 2013, or(ii) 12.5%, whichever is less. The
base rent shall again be increased each year thereafter based upon the base rent due
the then previous year and either (i) the Consumer Price Index (Urban) of the
twelve months prior to the five-year anniversary date or(ii) 12.5%, whichever is
less.The total CPI increase in any five-year(5)term shall not exceed 12.5%.
Fourth Amendment Page 3
C. Article 2 "Term and Rental," Section 2.05 "Rental Payments" of the Lease is hereby
amended to read as follows:
2.05. Additional Rent.
(1) January 1, 2003 —December 31, 2004. Starting on January 1, 2003, and
continuing through December 31, 2004, as additional rent, Lessee shall
pay Lessor 5%of monthly gross revenues according to the formula below,
which additional rent shall be paid monthly within 45 calendar days after
the end of the month. Such additional rent shall be calculated as follows:
Additional Rent=5%x (Monthly Gross Revenues -(Base Rent/.05))
By way of example:
➢ If monthly gross revenues in July of 2003 are $40,000 then
additional rent would be $0.00.
.05 x(40,000-(3,000/.05))=.05 x(40,000-60,000)_
.05 x-20,000=-1000
therefore no additional rent due.
➢ If monthly gross revenues in July of 2003 are$75,000 then
additional rent would be$500.00.
.05 x(75,000-(3,000/.05))=.05 x(75,000-60,000)_
.05 x 10,000=500
therefore $500.00 in additional rent would be due.
If the above-referenced formula yields a negative product no additional
rent shall be due. Total monthly rent shall not exceed$5,000.00 per
month.
(2) January 1, 2005 — August 30, 2008. Starting on January 1, 2005, and
continuing through August 30,2008, as additional rent, Lessee shall pay
Lessor 5% of monthly gross revenues according to the formula below
which additional rent shall be paid monthly within 45 calendar days after
the end of the month. Such additional rent shall be calculated as follows:
Additional Rent=
5%x(Monthly Gross Revenues-(Base Rent/.05))
If the above-referenced formula yields a negative product, no additional
rent shall be due.
(3) September 1, 2008 - March 31, 2012. Starting September 1, 2008, to
March 31, 2012,there shall be no additional rent due under this section.
Fourth Amendment,Page 4
(4) Starting on April 1, 2012, and continuing through March 3, 2024, as
additional rent, Lessee shall pay Lessor 5% of monthly gross revenues
according to the formula below which additional rent shall be paid
monthly within 45 calendar days after the end of the month. Such
additional rent shall be calculated as follows:
Additional Rent=
5%x(Monthly Gross Revenues-(Base Rent/.05))
If the above-referenced formula yields a negative product no additional
rent shall be due.
"Gross Revenues" as used in this section shall mean all amounts received from
whatever sources which are received in connection with the operation of the
Premises Improvements subject to offsets only for refunds, credit card company
fee charges, employee discounts and sales tax. Lessee shall deliver to Lessor by
the 15th of each month, a report in a format approved by the City Manager the
gross revenues of the previous month. Said report shall contain the basis for the
payment and an affidavit from an officer of the Lessee verifying that all of the
information on the submitted report is true and correct. Lessee must keep such
reports and the supporting documentation therefore for at least 4 years.
Lessor shall have the right at any time to audit any and all of the books and records
which in any way relate to gross revenues or the calculation of additional rent to
be paid to Lessor. Lessee shall make all of these records readily available for the
examination within ten days of a request therefore. If any audit by Lessor shows a
deficiency in the amount of additional rent paid to Lessor by more than five percent
(5%), then the cost of the audit shall be paid by Lessee. The additional rent due
and the cost of the audit shall be paid within 10 days' written notice of such
deficiency and the cost of the audit.
3. Interpretation. The provisions of this Fourth Amendment and the provisions of the First
Amendment and the provisions of the Lease should be read together and construed as one
agreement provided that, in the event of any conflict or inconsistency between the provisions
therein,the order of priority of documents shall be this Fourth Amendment, the First Amendment
and then the Lease. Nothing contained in this Fourth Amendment or in the First Amendment or
the Lease shall be construed in any way to limit or to waive the City's sovereign immunity.
4. Non-Waiver: Release. By this Amendment,the City does not consent to litigation or suit, and the
City hereby expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement or any other contract or agreement,any charter,or applicable state law. Lessee hereby
releases,relinquishes and discharges the City, its officers, agents, and employees from all claims,
demands, and causes of action of every kind and character, including the cost of defense thereof,
for any injury to or death of any person (whether they be either of the parties hereto, their
employees,or other Fourth parties)and any loss of or damage to property(whether the property be
that of either of the parties hereto, their employees, or other Fourth parties) that is caused by or
alleged to be caused by,arising out of,or in connection with this Amendment regardless of whether
said claims, demands, and causes of action are covered in whole or in part by insurance.
Fourth Amendment,Page 5
5. Authority. The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he/she represents.
6. Effective Date. The effective date of this Amendment shall be on the date this Fourth Amendment
is signed by the City Manager.
IN WITNESS HEREOF,the parties have executed this agreement in duplicate originals at Baytown,Hams
County, Texas.
CITY OF BAYTOWN
1�j - t-e'lz.� I'A
J ON E. RE ity Manager
. gFYT01yy��
DATE
ATTEST: 0-6
yS�N
nA-.-
A!1rGELA'JWKSQ' aQWk-* R
O r T�
APPROVED AS O F RM:
SCOTT LEMONb,City Attorney
Fourth Amendment Page 6
SOLID WASTE, LTD. IN .
Signature
%
Printed Name
Title
STATE OF TEXAS §
COUNTY OF HARRI(S� §
Before me, der igned notary public, on this day personally
appearedd\\c-M MOU z y of SOLID WASTE, LTD. INC., on
behalf of such limited partnership
known to me;
proved to me on the oath of ; or
�C proved to me through his/her current rtY�l
(description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person)
(check one)
to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this ` 1'" day of �00 04Q 2023.
AV
Notary Public in and for the State of Texas
•�
ALISHA M SEGOVIA�4°S Notary Public,State of Texas My commission expires: Lb bn7_1j
_ My commission Expires
y October 28,2026
NOTARY ID 128342293
Fourth Amendment.Page 7