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Ordinance No. 12,995ORDINANCE NO. 12, 995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE COST -
SHARE AGREEMENT WITH STANMORE /ADEF BAYTOWN, LP, FOR A
WATERLINE EXTENSION AND ABANDONMENT PROJECT AND A LIFT
STATION UPGRADE PROJECT; 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 City Manager to execute and the City Clerk to attest to the First Amendment to the Cost -
Share Agreement with Stanmore /ADEF Baytown, LP, for a waterline extension and
abandonment project and a lift station upgrade project. A copy of said agreement 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 vot the City Council of the
City of Baytown this the 8th day of October, 2015.
APPROVED AS TO FORM:
JN�A�00 RAMIREZ, SR., y ttorney
DONCARLOS,
COBFS01 Legal Karen Fdes,City Council,Ordinanc&2015 October 8 FimtAmendmen12CostShareWate rltneExtension& LiftSt ationUpgmdeProjectwithStanmore- ADEFBaytown doc
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DONCARLOS,
COBFS01 Legal Karen Fdes,City Council,Ordinanc&2015 October 8 FimtAmendmen12CostShareWate rltneExtension& LiftSt ationUpgmdeProjectwithStanmore- ADEFBaytown doc
Exhibit "A"
FIRST AMENDMENT TO THE COST -SHARE
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF CHAMBERS §
This First Amendment ( "First Amendment ") to the Cost -Share Agreement (the
"Agreement ") is made and entered into between the CITY OF BAYTOWN, a municipal
corporation located in Harris and Chambers Counties, Texas (the "CITY "), whose address for
purposes hereof is P.O. Box 424, Baytown, Texas 77522, and STANMORE /ADEF BAYTOWN,
LP, a Texas limited partnership ( "DEVELOPER "), whose address for purposes hereof is 675
Bering Drive, Suite 860, Houston, TX 77057.
WITNESSETH:
WHEREAS, on July 23, 2015, the CITY approved the Agreement with DEVELOPER,
for a waterline extension and abandonment project and a lift station upgrade project; and
WHEREAS, the CITY and the DEVELOPER desire to amend the Agreement to remove
both parties obligations concerning the lift station upgrade project, which included the following:
1. the reconstruction of the I -10 lift station,
2. the upsizing of the force main,
3. the expansion of the wet well,
4. the upsizing of the pumping system,
5. the installation of a SCADA system, and
6. the building of a larger force main along 1 -10 from the lift station site to a
manhole in the vicinity of I -10 and Wade Road; and
NOW THEREFORE, for and in consideration of the premises and mutual covenants
herein contained, it is agreed as follows:
1. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this First Amendment shall have the same meanings as in the
Agreement.
2. Amendments.
a. There is deleted from Article I "Project Descriptions" of the Agreement,
subparagraph b relating to the Upgrade Project.
b. There is deleted from Article II "Project Obligations" of the Agreement, Section
2.2 thereof relating to the Upgrade Project. The parties hereto are hereby
released from their respective obligation under Section 2.2. CITY does hereby
First Amendment to the Cost -Share Agreement, Page 1
agree to refund to DEVELOER within thirty (30) days of the execution of this
Agreement by the City Manager the EIGHTY -THREE THOUSAND AND
NO /100 DOLLARS ($83,000.00) heretofore deposited by DEVELOPER with the
CITY.
3. Miscellaneous. The provisions of this First Amendment and the provisions of the
Agreement should be read together and construed as one agreement provided that, in the
event of any conflict or inconsistency between the provisions of this First Amendment
and the provisions of the Agreement, the provisions of this First Amendment shall
control. This First Amendment may be executed in counterparts, each of which shall be
deemed an original. This First Amendment may be accepted and delivered by electronic
mail or facsimile transmission and in all such cases, electronic or facsimile signatures on
this First Amendment are authorized and shall be regarded as signed by the undersigned
and shall be binding upon the signing party. Nothing contained in this First Amendment
shall be construed in any way to limit or to waive CITY's sovereign immunity.
EXECUTED ON this the day of 2015 (the "Effective Date ").
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
First Amendment to the Cost -Share Agreement, Page 2
EXECUTED ON this the_ day of 2015.
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, _
personally appeared
Stanmore /ADEF Baytown, LP,
STANMORE/ADEF BAYTOWN, LP
BY STANMORE GPBT, LLC
its General Partner
By: _
Name:
Title:
the undersigned notary public, on this day
the
of Stanmore GPBT, LLC, the General Partner of
_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 on
behalf of such limited partnership.
Given under my hand and seal of office this day of , 2015.
Notary Public in and for the State of
Texas
My commission expires:
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First Amendment to the Cost -Share Agreement, Page 3