Ordinance No. 12,774ORDINANCE NO. 12,774
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST
TO THE FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING OF PUBLIC
IMPROVEMENTS WITH EXXON MOBIL CORPORATION FOR ROADWAY
IMPROVEMENTS ALONG SPUR 330 FRONTAGE ROAD; MAKING OTHER
PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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 the
Mayor to execute and the City Clerk to attest to the First Amendment to the Agreement for Funding of
Public Improvements with Exxon Mobil Corporation for roadway improvements along Spur 330 frontage
road. A copy of said amendment is attached hereto as Exhibit "A," and incorporated herein 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.
INTRODUCED, READ and PASSED by the affirmative vote of , City Council of the City of
Baytown this the 22 "d day of January, 2015.
A
H. DONCARLOS,
b�
41 t
BRYSCH,IE4ty Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., ty Attorney
R:1KarenTiles%City CouncihOrdinances\20 MAugust 2& ExxonMobilAgreement2FundPubliclmprovements .doc
Exhibit "A"
First Amendment
to
the Agreement for Funding of Public Improvements ("Agreement ")
between
the City of Baytown, Texas and Exxon Mobil Corporation
This First Amendment to the Agreement is made and entered into between the City of
Baytown, Texas, a municipal corporation in Harris and Chambers counties, Texas (the
"City ") and Exxon Mobil Corporation, a New Jersey corporation ( "ExxonMobil "). The
City and ExxonMobil are jointly referred to herein as the "Parties."
RECITALS:
WHEREAS the Parties entered into the above - referenced Agreement for roadway
improvements related to ExxonMobil's expansion of its existing Baytown Olefins Plant,
(approved by City Council on August 28, 2014); and
WHEREAS, the Parties wish to expand the existing Agreement in order to
facilitate additional improvements, more specifically, the addition of an overhead sign,
including drill shaft, support column, 40 -foot cantilever sign bridge, and corresponding
signs at the IH 10 at Spur 330 Westbound Direct Connector ( "Sign").
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City and ExxonMobil agree as follows:
1. Responsibility for Costs.
ExxonMobil is contributing $50,000 USD (fifty thousand U.S. Dollars) for the Sign. At
least seventy -five (75) days prior to the date set for TxDOT's receipt of construction bids,
ExxonMobil will remit to the City, $50,000 USD (fifty thousand U.S. Dollars) for the
Sign. Such funding obligation is in addition to ExxonMobil's existing financial
obligation under the Agreement.
The Sign will be included in the scope of and shall be considered incorporated in the
definition of "Public Improvements" and will be included in the "Advanced Funding
Agreement" between the City and the State of Texas, by and through TxDOT, both terms
as defined in the Agreement.
The additional payment associated with the Sign is subject to the provisions specified in
the Agreement associated with refunds for excess prepayments (Section 3.03(b)) and
ExxonMobil's right to audit (Section 3.04).
I" Amendment to Agreement for Funding of Public Improvements
Page 1
2. Amendment.
Except as expressly modified hereby, all of the provisions of the Agreement are
continued in full force and effect as set forth herein.
3. Complete Agreement.
This Amendment contains all the agreements of the Parties relating to the subject matter
hereof and is the full and final expression of the agreement between the Parties.
4. Execution.
This Agreement is executed and signed by the authorized representatives of the Parties in
two originals.
IN WITNESS WHEREOF, the undersigned Exxon Mobil and the City hereto execute
this Amendment on this day of , 2015.
Exxon Mobil Corporation
By: Y' F- ;V�
(Signature)
Printed Name: TAc it H E ,,is K E
Title: *4 6/41 �� 01'rec*'
Date: /g— S
ATTEST:
By: �51,7�,�
(Si ature)
(Printed Jame)
Date: / q - 'a, - 15
City of Baytow,#, Texas
By:
/(Signature)
Name: Stephen H. DonCarlos
Title: Mayor
Date:
ATTEST:
Leticia Brysch, City Clerk
Date:
15` Amendment to Agreement for Funding of Public Improvements
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