Ordinance No. 16,427 (Item 8.h.) ORDINANCE NO. 16,427
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 SEVENTH 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 Seventh 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 andpurposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of he City Co cil of the City of
Baytown this the 12"day of March,2026.
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ARLES AHN ayoi
ATTEST: ?�NYTOyy�,
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ANGELA JA SON, �eck,•..••�-�
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APPROVED S O FORM:
SCOTT L NVND,City Attorney
R\Ordinances and Resolutions\Ordinance Drafts\2026-03-12\Ord-7th Am Marina Lease-Solid Waste Ltd-SL.docx
EXHIBIT "A"
SEVENTH 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 Seventh Amendment to the Lease of Premises ("Seventh 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 191h 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 4d'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 41h 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 3rd day of February,2023 (the "Third Amendment"); and
WHEREAS, on February 23, 2023, the parties entered an amendment to the Lease to extend the
term of the lease until the 2°d day of February,2024(the"Fourth Amendment"); and
WHEREAS, on March 14, 2024, the parties entered an amendment to the Lease to extend the
term of the lease until the 3rd day of February, 2025 (the"Fifth Amendment"); and
WHEREAS, on February 27, 2025, the parties entered an amendment to the Lease to extend the
term of the lease until the 3rd day of February, 2026(the"Sixth Amendment"); and
Seventh Amendment.Page 1
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 Sixth Amendment shall have the same meanings as in the Lease, the First
Amendment, the Second Amendment, the Third Amendment, the Fourth amendment, and the
Fifth Amendment.
2. Amendments. Article 2 "Tenn 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, 2025. Thereafter, the Term shall be
automatically extended on a month-to-month basis for a period not to
exceed twelve(12)months.
3. Interpretation. The provisions of this Seventh 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 Seventh Amendment, the First
Amendment and then the Lease. Nothing contained in this Seventh 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.
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.
Seventh Amendment,Page 2
6. Effective Date. The effective date of this Amendment shall be on the date this Seventh
Amendment is signed by the City Manager or designee.
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
SOLID WASTE, LTD. INC.
Signature
Printed Name
Title
Seventh Amendment,Page 3
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day personally
appeared , the of SOLID WASTE, LTD. INC., on
behalf of such limited 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 consideration therein expressed.
Given under my hand and seal of office this day of , 20_.
Notary Public in and for the State of
Texas
My commission expires:
Seventh Amendment.Page 4