Ordinance No. 12,857ORDINANCE NO. 12,857
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 SECOND 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.
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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 the
Mayor to execute and the City Clerk to attest to the Second 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 fr/andatyfter its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote o Council of the City of
Baytown this the 10 day of May, 2015.
ATTEST:
ETICIA BRYSCH, Ci erk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City &torney
tv
DONCARLOS,
1' -,cobfsO111ega11KarenlFileslCity Council`•.0rdinances\2015Way 14', ExxonMobil2ndAmendment2FundPubliclmprovemen ts.doc
Exhibit "A"
Second Amendment
to
the Agreement for Funding of Public Improvements ("Agreement")
between
the City of Baytown, Texas and Exxon Mobil Corporation
This Second Amendment to the Agreement is made and entered into between the
City of Baytown, Texas, a municipal corporation in Hams 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 entered into the First Amendment to the Agreement
(approved by City Council on January 22, 2015) 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"); and
WHEREAS, the Parties now desire to substitute this Second Amendment for the
First Amendment concerning the Sign and the payment therefor;
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 ExxortMobil agree as follows:
1. Resoonsibilitv for Costs.
The estimated cost of the Sign is $50,000 USD (fifty thousand U.S. Dollars). Within
thirty (30) days of execution of this Second Amendment, ExxonMobil will remit to the
City the estimated cost of the Sign. Such funding obligation is in addition to
ExxonMobil's existing financial obligation under the Agreement.
The Sign will be included in the scope of and shall be considered incorporated in the
definition of "Public Improvements" and will be included in the "Advanced Funding
Agreement" between the City and the State of Texas, by and through TxDOT, both terms
as defined in the Agreement.
The additional payment associated with the Sign is subject to the provisions specified in
the Agreement associated with refunds for excess prepayments (Section 3.03(b)),
2nd Amendment to Agreement for Funding of Public Improvements
Page I I
ExxonMobil's right to audit (Section 3.04), and Contingency and or Extra Contingency
(Section 3.01).
2. Amendment.
Except as expressly modified hereby, all
continued in full force and effect as set
Amendment are hereby repealed.
3. Complete Agreement.
of the provisions of the Agreement are
forth herein. The provisions of the First
This Amendment contains all the agreements of the Parties relating to the subject matter
hereof and is the full and final expression of the agreement between the Parties.
4. Execution.
This Agreement is executed and signed by the authorized representatives of the Parties in
two originals.
IN WITNESS WHEREOF, the undersigned Exxon Mobil and the City hereto execute
this Amendment on this _ day of , 2015.
Exxon Mobil Corporation
(Signature)
Printed Name: J, , t', Ileti,$/(e-
Title: N« Nr �j��ti�•�a.r �i2cw} -�l
/' /%i.J�CT l�1It4CjLk_
Date: /�;91-1 Zal5—
ATTE :
By: U�
gnature)
(Printed Name)
City of Baytown, Texas
By:
(Signature)
Name: Stephen H. DonCarlos
Title: Mayor
Date:
ATTEST:
Leticia Brysch, City Clerk
Date: RAIL �� 1°/5 Date:
It: Karen I itcs Contracts rxwn \Iobtl Co +t Share Amendment No 2 to Agreemeni for I undmg of Public Impm%emrnis dot.
2"`i Amendment to A_reement for Funding of Public Improvements
Parre 2