Ordinance No. 13,447ORDINANCE NO . 13 ,447
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 SECOND AMENDMENT TO THE
CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH A-S 115 SH
146-IH 10 , L.P.; 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 authorizes and directs the
City Manager to execute and the City Clerk to attest to the Second Amendment to the Chapter 380
Economic Development Agreement with A-S 115 SH 146-IH 10 , L.P .. A copy of the amendment is
attached hereto , marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2 : This ordinance shall take effect immediately fro and after its passage by the
City Council of the City of Baytown. ;}
INTRODUCED , READ and PASSED by the affirmative vo
Baytown this the 13 th day of April , 2017 .
APPROVED AS TO FORM :
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Exhibit "A"
SECOND AMENDMENT
TO THE
ECONOMIC DEVELOPMENT AGREEMENT
STATE OF TEXAS §
§
COUNTY OF CHAMBERS §
This Second Amendment (the "Second Amendment") to that certain "Economic
Development Agreement" dated August 14,2012, by and between the City of Baytown, a Texas
home-rule municipal corporation ("City") and A-S 115 SH 146-IH 10, L.P., A Texas Limited
Partnership ("Developer"), (all collectively referred to as the "Parties") is entered into on this
__ day of , 2017 (the "Effective Date").
WHEREAS, the City and Chambers Town Center, Ltd. entered into the Economic
Development Agreement (the "Agreement") on August 14, 2012, in order to set out the terms of
an economic development program to stimulate business and commercial activity in the City;
and
WHEREAS, the Parties amended the Agreement on or about June 13, 2013 (the "First
Amendment) to modify the Project, as defined in the First Amendment, to revise the terms of the
economic development grant, to detail the allowable signage for the Property and to
acknowledge the assignment of the Agreement to the Developer; and
WHEREAS, the Parties agree that certain terms of the Agreement should again be
amended to modify the sign Plan that was included in the Agreement as Exhibit "C"; and
WHEREAS, the Developer wishes to substitute a 20-foot high multi-tenant sign totaling
approximately 169 square feet for the 25-foot high sign totaling 200 square feet on Tract 5B as
depicted in Exhibit "C"; and
WHEREAS, the terms of the Agreement shall remain in full force and effect except as
specifically altered by the terms of this Second Amendment;
NOW THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the Parties hereby agree to amend the Agreement as follows:
I. Recitals . The recitals set forth above are declared true and correct and are hereby
incorporated as part of this Amendment.
2. Definitions. Unless a different meaning clearly appears from the context, words and
phrases as used in this Second Amendment shall have the same meanings as in the First
Amendment and the Agreement.
3. Amendment. The Parties agree that Exhibit "C" incorporated into the First Amendment
shall be replaced with Exhibit "C," which is attached hereto and incorporated herein for
all intents and purposes.
Second Amendment, Page 1
4. Entire Agreement. The provisions of this Second Amendment, the First Amendment, and
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 Second
Amendment and the provisions of the First Amendment and/or the Agreement, the
provisions of this Second Amendment shall control.
5. Interpretation. This Second Amendment has been jointly negotiated by the parties
hereunder and shall not be construed against a party hereunder because that party may
have assumed primary responsibility for the drafting of this Second Amendment.
6. Captions . Captions contained in the Agreement and Amendment are for reference only
and, therefore, have no effect in construing the documents. The captions are not
restrictive of the subject matter of any section.
7. No Waiver. By this Amendment, the City does not consent to litigation or suit, and the
City hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Amendment, the Agreement or any other contract or agreement or addenda,
any charter, or applicable state law. Nothing contained in this Amendment or in the
Agreement shall be construed in any way to limit or to waive the City's sovereign
immunity. However, the parties agree that they have entered into this Agreement and
Amendment in good faith, intend to deal with each other in good faith, and intend for this
Agreement and Amendment to be enforceable as to its terms under Texas law.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in
multiple copies, each of which shall be deemed to be an original, but all of which shall constitute
but one and the same amendment, this __ day of March, 2017, the date of execution by the
City Manager.
ATTEST:
By: __________ _
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
CITY:
City of Baytown
By: __________ _
RICHARD L. DAVIS, City Manager
By: __________ _
IGNACIO RAMIREZ, SR., City Attorney
Second Amendment , Page 2
ATTEST : -)
By ()wit (~
DEVELOPER:
A-S 115 SH 146 -IH I 0. L.P .. a Texa s Limit ed
Partn ership ,
By : A-S I 15 , L.C., a Texas limited liability
company, it s General Partn er
B y =-~~~/r __
JAY K. SEARS , Manager
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Seco nd Ame ndmen t. Pag e 3
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