Ordinance No. 12,789ORDINANCE NO. 12,789
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 TERMINATION OF CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH QUAD HOTELS, LLC, AND
BAYTOWN EQUITY INVESTMENTS, LLC; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; 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 hereby authorizes and directs the
City Manager to execute and the City Clerk to attest to the Termination of Chapter 380 Economic
Development Agreement with Quad Hotels, LLC, and Baytown Equity Investments, LLC. A copy of the
agreement 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.
INTRODUCED, READ and PASSED by the affirmative vote f the City Council of the City of
Baytown this the 120' day of February, 2015.
ATTEST:
ETICIA BRYSCH, City Jerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CifyNAttorney
/���p,YTOHrN
.s
N
" s
o •.a�a.
MAYOR
R:1Karen'TileslCity Council +,Ordinances\2015\February 12' TerminateMarriott380EconomicDevelopmentAgreementOrdinance .docx
Exhibit "A"
Termination of Chanter 380
Economic D_ lopment Agreement
STATE OF TEXAS §
COUNTY OF HARRIS §
This Termination of Chapter 380 Economic Development Agreement (this "Termination
Agreement") is made and entered into by and among QUAD HOTELS, LLC, a Texas limited
liability company, and BAYTOWN EQUITY INVESTMENTS, LLC, a Texas limited liability
company (collectively hereinafter referred to as the "DEVELOPER ") and the CITY OF
BAYTOWN, TEXAS, a home rule city and municipal corporation ( "CITY ").
I.
Termination
DEVELOPER and CITY mutually agree to terminate the Chapter 380 Economic
Development Agreement dated August 19, 2014, (the "Agreement"), subject to the following
terms and conditions:
1. The effective date of the termination shall be _� t — 3 -- 2015,
("Termination Date ") and no finther notice of such termination be required by either
ley.
2. On the Termination Date, DEVELOPER and CITY shall be relieved of all obligations
under the Agreement, including, but not limited to:
a. DEVELOPER'S requirement:
(1) to construct the Project as defined in the Agreement,
(2) to create jobs,
(3) to create a taxable value of at least SEVEN MILLION TWO HUNDRED
FIFTY THOUSAND AND NO /100 DOLLARS ($7,250,000.00) as
assessed by the Harris County Appraisal District,
(4) to provide a tourist information kiosk,
(5) to provide tourism office space for a period of five (5) years,
(6) to provide a discount on meeting room space and on food, beverages, and
in -house audio-visual and other equipment; and
b. CITY's requirement:
(1) to provide a HOT Grant;
(2) to provide a BuyBaytown Grant; and
(3) to waive certain permit fees.
kb f-
II.
General Provisions
2.01 If any part, term, or provision of this Termination Agreement shall be held illegal,
unenforceable, or in conflict with any law of a federal, state or local government having
jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be
affected by such holding and the Agreement shall nonetheless be deemed terminated.
2.02 This Termination Agreement constitutes the entire agreement and all
understandings between the parties concerning the subject matter hereof and supersedes all prior
proposals or other communications between the parties, oral or written.. No modifications and
amendments hereto shall be binding upon either party unless in writing and signed by a duly
authorized representative of the parties.
2.03 This Agreement shall in all respects be interpreted and construed in accordance
with and governed by the laws of the State of Texas, regardless of the place of execution or
performance. The place of making and the place of performance for all purposes shall be deemed
to be Baytown, Harris County, Texas.
2.04 The individuals executing this Agreement warrant and represent that they are duly
authorized to execute this Agreement on behalf of CITY and DEVELOPER as binding act and
agreement of CITY and DEVELOPER, respectively.
2.05 In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the same.
2.06 It is understood and agreed that this Termination Agreement may be executed in a
number of identical counterparts each of which shall be deemed an original for all purposes.
IN WPINESS THEREOF AND INTENDING TO BE LEGALLY BOUND, the parties
have caused this Agreement to be signed by its duly authorized officer on the dates indicated
below.
CITY OF BAYTOWN, TEXAS
ROBERT D. LEIPER, City Manager
(Date)
•� i � us �� � . n���l a '�l��i� �i
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
QUAD HOTELS, LLC
--- fin 1- .F'fts=�
(Signature)
kwcriL*L.h�. P reL
(Printed Name)
p1E FrcE7�-
(Title)
oI - 30-26 1S
(Date)
BAYTOWN EQUITY INVESTMENTS,
LLC
(Signature)
(Printed Name)
OFFICE-g-
(Title)
o i - 3o -- 20 IS-
(Date)
i
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day
personally appeared ltNT i l.r-L - in his capacity as • O� F �Le rz of
QUAD HOTELS, LLC, a Texas limited liability company,
known to me
proved to me on the oath of or
V7 proved to me through his 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 executed that instrument for the purposes and consideration therein expressed.
ew T this day of �a�, , 2015.
SONJA ALLEN
Mr COANIII "E�In
AprY S. 2016
a No rc in and for the State of Texas
My commission expires:
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, jS C�tM�p, �p ��� , the undersigned notary public, on this day
personally appeared X-P�, t \M C _ in his capacity as C-) F V-- \ CvZA?-- of
BAYTOWN EQUITY INVESTMENTS, LLC, a Texas limited liability company,
known to me
proved to me on the oath of or
�s,,-proved to me through his current _VX bl, {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 executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this' Dday ofSp'.'�') , 2015.
SOMA ALLEN
My �S. 2016 Notary Public in and for the State of Texas
IMP'� My commission expires:
\1eobWluWmcm nWila%Conuwu4A*rion 380 ApumeralTamieatiooAgMCM0nt.dW