Ordinance No. 13,439ORDINANCE NO . 13 ,439
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 A CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH YOYO LLC , SERIES 13;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS
AUTHORIZED IN SAID AGREEMENT ; 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 hereby authorize s and directs the
City Manager to execute and the City Clerk to attest to a Chapter 380 Economic Development Agreement
with YOYO LLC , Series 13 . A copy of the agreement is attached hereto , marked Exhibit "A ," and made
a part hereof for all intents and purposes .
Section 2: That the City Council of the City of Baytown authorizes payment in accordance
with the agreement authorized in Section 1 hereinabove .
Section 3: That the City Manager is hereb y granted general authority to approve a decrease
or an increa se in costs by FIFTY THOUSAND AND N0/100 DOLLARS ($50 ,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25 %).
Section 4 : This ordinance shall take effect immediately fr and after its passage by the
City Counc il of the City ofBaytown.
INTRODUCED, READ and PASSED by the affirmative vo e o
Baytown thi s the 13th day of April , 2017 .
APPROV ED AS TO FORM :
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Exhibit "A"
CITY OF BAYTOWN I YOYO LLC, SERIES 13
CHAPTER380
ECONOMIC DEVELOPMENT AGREEMENT
STATE OF TEXAS §
§
COUNTY OF HARRJS §
This Chapter 380 Economic Development Agreement ("Agreement") is made and entered into by
and between YOYO LLC, SERIES 13 (the "Developer") and the CITY OF BAYTOWN, TEXAS, a
home rule city and municipal corporation, located in Harris and Chambers Counties, Texas (the "City").
RECITALS
WHEREAS, the Developer desires (i) to make Fa~ade Improvements to the Fa~ade of the
structure located on the Property and (ii) to operate a mixed use facility containing both multi-family
dwelling and retail components upon completion of the Fa~de Improvements and the repair, restoration,
and renovation of the entire structure (collectively the "Project"); and
WHEREAS, in accordance with Article III, Section 52-a of the Texas Constitution and Chapter
380 of the Texas Local Gov't Code, the City may establish and provide for the administration of a
program for making loans and grants of public money to promote state or local economic development
and to stimulate business and commercial activity in the City of Baytown; and
WHEREAS, in accordance with Chapter 380, Texas Local Gov't Code, the City hereby
establishes such a program to provide incentives and financial assistance to the Developer to encourage
and promote the development of the Property thereby enhancing and stimulating business and commercial
activity in the City of Baytown; and
WHEREAS, as part of the Program and as a material inducement to the Developer developing the
Project on the Property, the City has agreed to offer incentives to the Developer, including, but not limited
to, an economic development grant, which will enable the Developer to develop the Project on the
Property; and
WHEREAS, the Developer has agreed, in exchange and as consideration of the incentives
provided by the City to satisfy and comply with certain terms and conditions, including the restoration,
repair, redevelopment and operation of the Project on the Property; and
WHEREAS, the City and the Developer agree that the provisions of this Agreement substantially
advance a legitimate interest of the City by promoting economic development and new and/or expanded
business development in the area;
NOW, THEREFORE, in consideration of the mutual benefits and promises and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
the Developer agree as follows:
Chanter 380 Economic Qeyc!opment Agreement. Page I
I.
Recitals
1.01 Recitals. The recitals set forth above are declared true and correct and are hereby incorporated
into and made a part of this Agreement.
1.02. Public Pumose. The City finds that the benefits provided by the Developer and described in
Article V promote economic development in the City of Baytown and stimulate business and
commercial activity in the municipality.
II.
Authority
2.01 City's Authority. The City's execution of this Agreement is authorized by Chapter 380 of the
Texas Local Govenunent Code and constitutes a valid and binding obligation of the City.
2.02 Developer's Authority. The Developer's execution and performance of this Agreement constitutes
a valid and binding obligation of the Developer to develop the Project on the Property.
Ill.
Defmitions
3.01 "Code" means and includes the codes of the City of Baytown, Texas, including, but not limited
to, the Code of Ordinances, Baytown, Texas; the National Electrical Code; the International
Plumbing Code; the International Mechanical Code; the International Fire Code and the
International Building Code, as adopted by the City of Baytown, Texas .
3.02 "Economic Development Grant" means SEVENTY-FIVE THOUSAND AND N0/100
DOLLARS ($75,000.00) to be paid by the City solely from monies received from the MDD for
the Project pursuant to Section 6.01 of this Agreement.
3.03 "Effective Date" is the date upon which the City Manager executes this Agreement.
3.04 "Fatyade" means the three sides of the structure located on the Property fronting a public street,
excluding alleyways .
3.05 "Fa-rade Improvements" shall be designed and constructed so that the finished product,
after meeting all of the requirements of section 122-2 of the Code shall look as close as
reasonably possible to the fa-rade depicted in Exhibit "A" and shall include, but not be
limited to, the following:
a. exterior Facade treatment (i.e. cleaning, painting, installation of siding, brick,
stucco, EFIS, etc.) for the building;
b . repair, replacement or installation of exterior doors and door hardware, windows
and trim work located on the exterior;
c. repair, replacement or installation of awnings on the structure;
Chapter 380 Economic Development Agreement, Page 2
d . exterior brick or tile repair or replacement;
e . exterior brick paving sidewalks or other walkway treatments adjacent to the
building not located within the City right-of-way;
f . structural improvements to Fayades; and
g . electrical or lighting improvements made to Fayades.
3.06 "Force Majeure" means any (a) strike, lock-out or other labor troubles, (b) failure or shortage of
electrical power, gas, water, fuel oil, or other utility or service, (c) riot, war, insurrection or other
national or local emergency, (d) accident, flood, fire or other casualty, (e) other act of God, or (f)
other cause similar to any of the foregoing and beyond the control of the person in question.
3.07 "FfE' means full-time equivalent employee working 35 hours per week at the Project. FfE's
shall be quotient of the total numbers of hours worked per week by all employees at the Project
divided by 35 hours.
3.08 "HCAD" means the Harris County Appraisal District or its successor.
3.09 "MOD" means the Baytown Municipal Development District.
3.10 "Minimum Developer Investment" means the Developer's investment of at least ONE
HUNDRED THOUSAND TWO HUNDRED AND N0/100 DOLLARS ($100,200.00) for
Fayade Improvements and ONE MILLION AND N0/100 DOLLARS ($1,000,000.00) for the
total of the Project, including the Fayade Improvements.
3.11 ''NEZ'' means the City's neighborhood empowerment zone created pursuant to Chapter 378 of
the Texas Local Government Code.
3.12 "Project" means (i) the construction of the Fayade Improvements that have been approved in
writing by the City Manager and (ii) the operation of a mixed use facility containing both a multi-
family dwelling unit component with seven (7) dwelling units and a commercial component with
at least three commercial spaces upon completion of (a) the Fayade Improvements and (b) the
repair, restoration, renovation and construction of all of the improvements on the Property
necessary for such operations.
3.13 "Program" means the economic development program for this Project established by the City
pursuant to Texas Local Government Code Chapter 380 to promote local economic development
and stimulate business and commercial activity within the City.
3.14 "Property'' means the land and improvements located at 123 W. Defee Street, Baytown, Harris
County, Texas, and more particularly described as Lots 13, 14, 15 and 19, Goose Creek, Harris
County, Texas.
3.15 "Retail component" shall mean and include those retail establislunents, which are permitted
pursuant to the City's Unified Land Development Code, as it currently exists and as hereinafter
amended, but excluding the following:
1. retail tobacco establislunent;
Chapter 380 Economic Development Agreement. Page 3
2. tattoo studio, as defined in Section 146.001 of the Texas Health and Safety Code;
3. body piercing studio, as defined in Section 146.001 of the Texas Health and Safety Code;
4 sexually oriented commercial enterprises, as described in Chapter 4 of the Code; and
5. credit access business, as defined in Section 20-22 of the Code.
3.16 "Retail tobacco establishment" shall an establishment utilized primarily for the sale and/or use of
tobacco and/or liquid nicotine products and/or accessories and in which the sale and/or use of
other products is merely incidental. A store shall be deemed as utilized primarily for the sale
and/or use of tobacco and/or liquid nicotine products and accessories if at least 75 percent of the
gross revenue of the store derives from tobacco and/or liquid nicotine products and/or
accessories .
3.17 "Term" means the length of this Agreement which shall commence on the Effective Date and end
ten (10) years after the issuance of the certificate of occupancy, unless terminated sooner as
provided in this Agreement.
3.18 "Tobacco" means and includes all forms of tobacco products, including but not limited to
cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless
tobacco, snuff and chewing tobacco
IV.
Contingency
4 .01 Contingency. This Agreement and the obligations of the Developer and the City are expressly
contingent upon the Developer's providing the City for the City Manager's approval the
following sealed by a professional engineer/architect licensed in the State of Texas:
~ a general scope of work;
~ building elevations;
~ plans and specifications;
);> a sealed statement by a structural engineer that the proposed Fa~de Improvements can
be supported by the structure upon which they are proposed; and
);> engineering calculations, if requested by the City, to support the statements of the
structural engineer
within thirty (30) calendar days of the Effective Date.
v.
Developer's Obligations
5.01 Commitment to Develop.
a . The Developer hereby agrees to complete the approved Fa~ade Improvements and to
develop the Project in conformance with all applicable laws, rules and regulations of the
City and any other goverrunental entity having authority over the Project, so that, upon
approval by the Chief Building Official of the City, the Project fully satisfies the Code in
accordance with a scope of work approved by the City Manager. The Fa~de
Improvements must be commenced within sixty (60) days of the City Manager's
approval of the documents detailed in Section 4.01 of this Agreement. The Project must
Chapter 380 Economic Development Agreement, Page 4
be finally completed and the Developer must have obtained the following from the City
on or before the date indicated:
1. a certificate of occupancy for the multi-family dwelling unit component of the
Project on or before December 31, 20 17;
2. a certificate of completion for the commercial retail component of the Project on
or before December 31, 2017; and
3. a certificate of occupancy for the commercial retail component of the Project on
or before June 30, 2018.
Prior to any construction activity on the Fa~de Improvements, the Developer must
obtain the written approval of the City's Chief Building Official and the City Manager of
the plans and specifications for the Fa<rade Improvements, which approval shall not to be
unreasonably withheld, conditioned or delayed. After such approval, no change may be
made without the prior written approval of the City's Chief Building Official and the City
Manager.
b. Compliance with the Code shall include, but not be limited to, performing environmental
cleanup of the Property if any is required; providing sealed construction drawings;
employing licensed professionals for those development activities required to be made by
a licensed professional pursuant to the Code; obtaining or causing to be obtained all
required permits pursuant to the Code; entering into a license agreement for the awnings
pursuant to the Code; obtaining and satisfying all required inspections; and obtaining
certificates of occupancy and certificates of completion from the City for the Project in
accordance with the timeframes established in subsection (a) of this section.
5.02 Investment. Between the Effective Date and June 30, 2018, the Developer will make an
investment in the real property improvements on the Property equal to or greater than the
Minimum Developer Investment.
5.03 Creation of Taxable Value. By January 1, 2018, the Project must have a taxable value of at least
SEVEN HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($750,000.00) as assessed
by HCAD and the Developer shall maintain such taxable value throughout the Term.
5.04 Creation of Jobs. Between the Effective Date and one year after the date the certificate of
occupancy is issued for the Project, Developer will cause the creation and/or retention of at least
ten (10) FTEjobs at the Project, which shall be maintained for the term of this Agreement.
Developer in filling the FTE's created shall give preference to Baytown residents over other
applicants who do not have greater qualifications so that at all times at least forty-five percent
(45%) of the employees of Developer are selected based upon this preference to hire persons,
who reside within the corporate limits or extraterritorial jurisdiction of the City of Baytown.
In the event of a voluntary or involuntary termination or elimination of a job after the date of the
issuance of the certificate of occupancy for the project that causes the number of FTE's to fall
below ten (10), Developer shall continue to receive the incentive set out in Article VI below,
provided the required number of FTE's is re-established within one hundred twenty (120) days
after the date of the termination or elimination that caused the FTE's to fall below ten (10).
DEVELOPER shall report in writing the number of FTE's and the percentage of employees
residing within the corporate limits and/or the extraterritorial jurisdiction of the City of Baytown,
each quarter during the term of this Agreement.
Chapter 380 Economic Development Agreement, Page S
5.05 Payment Ob ligation .. The Developer wi ll pay be for e delinqu enc y all property taxes , pecial
asse sment s (includin g any special a essments imposed on or aga in st the Property for
co nstru ctin g or impro vi ng the Prop ert y), and gove rnmental charges of any kind , if any im posed
on the Prope rt y and any personal property lo ca ted n th e Prop ert y during th e T enn .
5.06 Ma intenanc e. Durin g the Tenn , th e Develop r agrees at it s own co st and expense to operate and
maintain the Propert y and the Project in full compliance with all codes , rules and regulation s of
th e ity a we ll as all other governmental entitie s having juri diction over the Property and th e
Pr oject. Al l maintenance , repair , alt erat ion , and/or construction work undertaken by th e
Deve loper sha11 be don e in a workmanlike manner .
5.07 Fa ilure to Meet Obligations. In th e eve nt that th e Deve lop er fails to fulfi ll its obligations under
th e perfonnance guidel in es contained in Article V after rece ipt of notice and expiration of th e
cur e period described in Section 8.02 belo w th e Ci ty ma y at it s option , tenninate thi s
Ag ree ment whereupon the Develop er shall be required to reimbur e the City within thirt y (30)
days for the Eco nomic Developm ent Grant paid by th e City pur uant to thi s Agreement in
acco rdanc e with the following schedule ba ed up on the yea r of the br eac h:
\'car of Breach
(commencing after the issuance of Percentage to be l{eimhursed
the certificate of occupanq)
I 100 %
2 100 %
3 80 %
4 80%
5 60%
6 60 %
7 40%
8 40%
9 20%
10 20%
Vl.
City s Obligations
6.0 1 Economic Development Grant.
(a) ubj ec t to ub ection (b) of thi s ec ti on , th e it y will pay th e De ve loper the Eco nomic
Development Grant within thirt y (30) days after both (i) th e issuance of the certificat es
of occupancy for the Proj ect and (ii) the receipt of a writt en payment reque st for the
grant.
(b) The Deve lop er und erstands and agrees that the payment of thi s Eco nomic De velopm en t
Grant is to be paid from funds th e Ci ty co ll ec t from the MOD for this purpose and th e
ity shall pay th ese grants to the extent funds arc re ceived by the MOD . Should the City
not co ll ect f·und s from MOD for thi s purpose, the City s hall endeavor to budget moni es
in the followin g fiscal year to pay any amounts not paid by th e MOD. The Developer
agrees not to make any claims against th e ity for any moni es other than those co ll ected
Chnp tcr 380 Eco nom ic Dc vclonment Ag re emen t, Page 6
from the MDD for this purpose or those appropriated by the City for this purpose
consistent with this section.
6.02 NEZ. In accepting the Economic Development Grant under this Agreement, the Developer
waives any right to apply for or otherwise to seek any monies under the City's Downtown Far,:ade
Improvement Program or any other program of the City that reimburses the Developer for
improvements to the far,:ades of the Project. However, the waiver of the right to receive benefits
under the City's Downtown Far,:ade Improvement Program and the entering into this Agreement
shall not constitute a waiver of the right to apply for or to receive other incentives under the
City's NEZ, notwithstanding anything to the contrary stated in the NEZ Guidelines .
Article VII.
Certificate of Compliance and Recapture
7.01 Certificate of Compliance and Inspection.
(a) On or before February 1st of each year during the Term of this Agreement, the
Developer shall complete the Certificate of Compliance attached hereto as Exhibit "B"
and deliver such Certificate of Compliance to the City. The form is subject to revision
by the City in its sole discretion; provided, however, the Certificate of Compliance may
only require certification of infonnation necessary to verify that the Developer has
complied with specific terms and conditions of this Agreement.
(b) The City, and/or its representative(s) has the right to inspect only such pertinent records
of the Developer as are reasonably necessary to verify compliance with all requirements
of this Agreement. Inspections shall be preceded by at least two weeks' notice in writing
to the Developer. The City shall identify to the Developer the specific reason it is
seeking information and the Developer will identify and provide specific information
responsive to the City's request. The Developer shall make copies of the pertinent
records available to the City at the Project site or deliver them directly to the City.
7.02 Failure ofDevelqper tQ Meet Obligations. In the event that the Developer fails to obtain:
I . a certificate of occupancy for the multi-family dwelling unit component of the Project on
or before December 31, 2017,
2. a certificate of completion for the commercial retail component of the Project on or
before December 31,2017, or
3. a certificate of occupancy for the commercial retail component of the Project on or before
June 30, 2018,
the Developer shall be in default and not withstanding any other rights provided to the City under
this Agreement, the City's obligations to pay any monies under the Economic Development
Grant shall be extinguished and the City may terminate this Agreement.
VIII.
General Terms
8.01 Mutual Assistance. The City and the Developer will do the things commercially reasonable,
necessary or appropriate to carry out the terms and provisions of this Agreement.
Chapter 380 Economic Development Agreement, Page 7
8.02 Default.
a. The City shall have the right to declare the Developer in default if the Developer:
1. Fails to make any payment of money due to the City under this Agreement within
seven (7) days after written notice of the failure shall have been given to the
Developer; or
2. Defaults in the performance of any other obligation imposed upon the Developer
by this Agreement and does not cure the default within thirty (30) days after
written notice describing the default in reasonable detail shall have been given
the Developer or, if the City in its reasonable discretion, determines that the
default cannot reasonably be cured within the thirty (30) day period, if the
Developer does not commence curative work within the thirty (30) day period
and prosecute the work to completion with diligence.
b. Unless otherwise stated in this Agreement, if the Developer commits a default, the City
shall give the Developer a written notice specifying the default and the Developer shall
have the following periods of time to cure the default:
1. In the case of a failure to pay money, the Developer must remedy the default
within seven (7) days from the receipt of the notice.
2 . In all other cases with the exception of those cases hereinabove specified where
the Agreement is subject to immediate termination by the City, the default must
be cured within thirty (30) days from the receipt of the notice or, if the default is
not reasonably susceptible of being cured within the thirty (30) day period,
commence curative work within the thirty (30) day period and prosecute it to
completion with diligence.
c. In the event of a default by the City, the Developer shall give the City written notice of
the defaults and the City shall have thirty (30) days in which to cure such default, or, if
the default is not reasonably susceptible of being cured within the thirty (30) day period,
commence curative work within the thirty (30) day period and prosecute it to completion
with diligence.
d. Notwithstanding anything to the contrary contained in this Agreement, neither party shall
be deemed in violation of this Agreement if it is prevented from performing any of the
obligations hereunder due to a force majeure and the time for performance shall be
automatically extended by the period the party is prevented from performing its
obligations hereunder due to a force majeure and all payment obligations of the City shall
be extended until the Developer obtains a new certificate of occupancy, if applicable, and
commences operation of the Project.
8.03 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City
and the Developer hereby agree that no claim or dispute between the City and the Developer
arising out of or relating to this Agreement shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C.
Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas
General Arbitration Act, provided that in the event that the City is subjected to an arbitration
proceeding notwithstanding this provision, the Developer consents to be joined in the arbitration
Chaoter 380 Economic Development Agreement, Page 8
proceeding if the Developer's presence is required or requested by the City for complete relief to
be recorded in the arbitration proceeding.
8.04 Entire Agreement. This Agreement contains the entire agreement between the parties. All prior
negotiations, discussions, correspondence, and preliminary understandings between the parties
and others relating hereto are superseded by this Agreement. This Agreement may only be
amended, altered or revoked by written instrument signed by the City and the Developer.
8.05 Authority to Enter Contract. Each party has the full power and authority to enter into and
perform this Agreement, and the person signing this Agreement on behalf of each party has been
properly authorized and empowered to enter into this Agreement. The persons executing this
Agreement hereby represent that they have authorization to sign on behalf of their respective
entities.
8.06 Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties and
their respective successors and assigns.
8.07 Assignment. Except as otherwise provided in this Agreement, neither party may assign, transfer
or mortgage all or part of its rights and obligations to a third party without the prior written
approval of the other party. Any assignment made without such approval shall be deemed a
breach of this Agreement and subject to Section 5.07.
8.08 Release. By this Agreement, the City does not consent to litigation or suit, and the City
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. Nothing
contained herein shall be construed in any way so as to waive in whole or in part the City's
sovereign immunity. The Developer assumes full responsibility for its obligations under this
Agreement performed hereunder and hereby releases, relinquishes, discharges, and holds
harmless 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 and all damages
caused by or alleged to be caused by, arising out of, or in connection with this Agreement. This
release shall apply with respect to the Developer's work regardless of whether said claims,
demands, and causes of action are covered in whole or in part by insurance.
8.09 Notice. Any notice and/or statement required or permitted to be delivered shall be deemed
delivered by actual delivery, by e-mail with electronic receipt conftrmation, or by depositing the
same in the United States mail, certified with return receipt requested, postage prepaid, addressed
to the appropriate party at the following addresses :
DEVELOPER:
YOYO LLC, SERIES 13
Attn: Oscar Chapa
P.O. Box: 1091
Baytown, TX 77522
CITY:
City of Baytown
Attn: City Manager
P .0. Box: 424
Baytown, Tex:as 77522
Chapter 380 Economic Develooment Agreement, Page 9
With copy to:
City of Baytown
Attn: City Attorney
240 1 Market Street
Baytown , Texas 77520
Either party may designate a different address at any time upon written notice to the other party.
8.10 Interpretation. Each of the parties has been represented by counsel of their choosing in the
negotiation and preparation of this Agreement. Regardless of which party prepared the initial
draft of this Agreement, this Agreement shall, in the event of any dispute regarding its meaning or
application, be interpreted fairly and reasonably and neither more strongly for, nor against any
party.
8.11 Applicable Law. This Agreement is made, and shall be construed and interpreted, under the laws
of the State of Texas and venue shall lie in the State courts of Harris County, Texas.
8.12 Severability. In the event any provisions of this Agreement are illegal, invalid or unenforceable
under present or future laws, and in that event, it is the intention of the parties that the remainder
of this Agreement shall not be affected. It is also the intention of the parties that in lieu of each
clause and provision that is found to be illegal, invalid or unenforceable, a provision be added to
this Agreement which is legal, valid or enforceable and is as similar in terms as possible to the
provision found to be illegal, invalid or unenforceable.
8.13 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience
only and will in no way enlarge or limit the scope or meaning of the various and several
paragraphs .
8.14 No Third Partv Beneficiaries. This Agreement is not intended to confer any rights, privileges or
causes of action upon any third party.
8.15 No Joint Venture. It is acknowledged and agreed by the parties that the tenns of this Agreement
are not intended to and shall not be deemed to create any partnership or joint venture among the
parties. The City, its past and future officers, elected officials, employees and agents do not
assume any responsibilities or liabilities to any third party in connection with the Property,
Project or the design, construction or operation of any portion of the Project.
8.16 Right to Inspect Project/Property. During the Term, the City has the right to inspect the Property
and the improvements thereon at all reasonable times during the period of this Agreement to
ensure compliance with the terms and conditions of this Agreement.
8.17 Exhibit. The following exhibits are attached and incorporated by reference for all purposes:
Exhibit "A": Picture of Fayade; and
Exhibit "B": Certificate of Compliance.
8.18 Non-Waiver. Failure of either party hereto to insist on the strict performance of any of the
agreements contained herein or to exercise any rights or remedies accruing hereunder upon
default or failure of performance shall not be considered a waiver of the right to insist on and to
Chapter 380 Economic Development Agreement, Page I 0
enforce by an appropriate remedy, strict compliance with any other obligation hereunder to
exercise any right or remedy occurring as a result of any future default or failure of performance.
8.19 Release. The Developer assumes full responsibility for its obligations under this Agreement
performed hereunder and hereby releases, relinquishes, discharges, and holds harmless 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 injw:y to ·or death of any person
(whether they be either of the parties hereto, their employees, or other third parties) and any loss
of or damage to property (whether the property be that of either of the parties hereto, their
employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in
connection with the Developer's obligations to be performed hereunder. This release shall apply
with respect to the Developer's obligations regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
8.20 Agreement Read. The parties acknowledge that they have read, understand and intend to be
bound by the terms and conditions of this Agreement.
8.21 Multiple Orilrinals. It is understood and agreed that this Agreement may be executed in a
number of identical counterparts each of which shall be deemed an original for all purposes.
IN WITNESS WHEREOF; the parties hereto have executed this Agreement as of the day and
year opposite their signatures.
ATTESf:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Chapter 380 Economic Deve)opmeot Amemeot, Page II
CITY OF BAYTOWN, TEXAS
RICHARD L. DAVIS, City Manager
(Date)
YOYO LLC, SERIES 13
d./~
OSCAR CHAPA
Governing Person
(Date)
STATE OF TEXAS §
§
COUNTY OF +btf'\ S §
Before me, ~n i Gue,c"e' Snt4J ~e undersigned notary public, on this day personally
appeared OSCAR CHAP A, the Governing Person of YOYO LLC, SERIES 13 .
/ knowntome
(check one)
proved to me on the oath of or
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}
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 ~\1\J,pJ, office this hday of JY1a.r~ , 2017. '!\,,,,, ,,,,,
~,,..,c:l,.~\ GR~~ .... ~~~ ~ ~Lf(}' ·•••••• ,~~ ( flf-'.····~o"tAirr'i>d;_ •. ~\~-~ (I ~ [ ~ ~~~ \ ~~ Notary Public in and for the State ofTexas
= ·~~~ ·~= ~ <d4\ OFJfj.'t-c., / lf. § My commission expires: f) 7 • a I • d-1) ~
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Chapter 380 Economic Development Amement, Page 12
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Exhibit "A.'' Page So lo
Exhibit "A"
Picture of Fa~ade
Exhibit "B"
Economic Development Agreement Reporting Form
City of Baytown
REPORTING YEAR 20_
1.0 Employment.
Number of FfE's at Project for reporting year:
Percentage ofFfE's who reside within Baytown and its ETJ
2.0 Investment
Investment by June 30,2018: $ __ _
3.0 Value .
HCAD appraised value for reporting year: $ ___ _
4.0 Description of retail components:--------------------
I,----------------' the authorized representative of Developer,
hereby certify that the above information is correct and accurate pursuant to the terms of the
Agreement.
DEVELOPER
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS §
§
COUNTYOF §
The foregoing instrument was acknowledged before me on this the _ day of
20 _, by as the authorized
representative of _______________ .
[SEAL]
Exhibit "B." Page Solo
Notary Public in and for the State of
Texas