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Ordinance No. 13,642ORDINANCE NO. 13,642 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 LICENSE AGREEMENT WITH YOYO LLC, SERIES 13, TO ALLOW CERTAIN SIGNS AND AWNINGS AT 123 W. DEFEE TO PROTRUDE INTO THE RIGHT-OF- WAY; 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 and directs the City Manager and City Clerk of the City of Baytown to execute and attest to License Agreement with YOYO LLC, Series 13, to allow certain signs and awnings at 123 W. Defee to protrude into the right-of-way. A copy of said License Agreement is attached hereto, marked 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 f�arEe of the City Council of the City of Baytown, this the 20th day of November, 2017. %r ATTEST: L TICIA BRYSCH, City &lJrk APPROVED AS TO FORM: 4 JONACIO RAMIREZ, S , 'ty Attorney STEPHEN H'IYONCARLOS, Mayor ,� oo�yassnae.=sao .tt �/ ob Si') �yy a Vxobfs0111egal\KarenTiles,City Councif%Ordinances\20171November 20WoYoLicenseAgreementdoc Exhibit "A" LICENSE AGREEMENT STATE OF TEXAS • 0ktM • _ I This License Agreement (this "Agreement") is made and entered into effective the day of , 20_, by and between the CITY OF BAYTOWN, a home -rule municipality in Harris and Chambers Counties, Texas, (hereinafter referred to as "City") and YOYO LLC, SERIES 13, a Texas limited liability company (hereafter referred to as YOYO). WITNESSETH: In consideration of the mutual covenants, payments, responsibilities and duties herein contained, the City and YOYO agree as follows: 1. PROPERTY. Subject to the terms and conditions herein, the City hereby grants to YOYO for YOYO's non-exclusive use certain portions of the W. Defee Street and the N. Ashbel Street rights- of-way, located at least nine feet (9') above ground level, as more particularly depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property"). 2. USE. 2.1 Permitted rise. Throughout the term hereof and subject to the conditions specified herein, YOYO shall use the Property only for the installation, repair and maintenance of the following, which shall be securely attached to the Structure, which shall house the operation of a mixed-use facility containing both a multi- family unit component with seven (7) dwelling units and a commercial component with at least three (3) commercial spaces and which is located at 123 W. Defee Street, Baytown, Hams County, Texas, and more particularly described as Lots 13, 14, 15 and 19, Goose Creek, Harris County, Texas (the "Structure"): (a) One (1) back-to-back internally illuminated blade sign, as more particularly described and depicted in Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes (the "Sign"), and (b) eighteen (18) non -lit awnings, which shall protrude above the Property no more than thirty-six inches (36") into the Property from the fagade of the Structure: (1) Six (6) seven -foot (7') long awnings, (2) Seven (7) forty-eight inch (48") awnings, and (3) Four (4) seventeen -foot (17') awnings License A @ jj ent, Page 1 as more particularly described and depicted in Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes (the "Awnings"). Any use of the Property not specified in this Section 2.1 is expressly prohibited and shall constitute an Event of Default. 2.2 Limitation of rise. YOYO understands and agrees that at all times during the term of this Agreement the Structure must be operational and must house the uses specified in this Section 2.1. Failure to operate the Stricture in accordance with such Section 2.1 shall constitute an Event of Default. 2.3 Not permitted rises. YOYO understands and agrees that nothing shall be erected on, over or above the Property other than the Sign and Awnings, which shall meet and be maintained to meet the requirements of all applicable codes of the City. YOYO also understands and agrees that, without the express, prior written consent of the City Manager, YOYO shall not disturb the existing pavement on the Property. 2.4 Removal of Sign and Awnings. The City reserves the right to require YOYO to remove the Sign and Awnings or any portion thereof erected on the Property for any reason at any time. Except as otherwise provided in Section 2.5, YOYO shall complete any such removal immediately within thirty (30) days after written notice from the City. The removal shall be at YOYO's sole cost and expense. At no time shall the City be liable for such costs. 2.4.1 Failure to timely remove the facilities shall constitute an Event of Default. 2.4.2 Additionally, the City shall have the right to remove the Sign and Awnings or any portion thereof, which is not timely removed by YOYO, and assess the costs of the same plus an administrative fee of 10% of such cost to YOYO. YOYO shall pay the costs and the fee within thirty (30) days of receiving an invoice therefor. Failure to timely pay the invoiced amount shall constitute an Event of Default and the City shall have the right to place a lien on YOYO's property for the associated cost and administrative fee, which lien shall accrue interest at the rate of twelve percent (12%) per annum or the maximum rate permitted by law. 2.5 Emergency removal. The City reserves the right to remove, remedy or otherwise abate any condition on the Property, which the City believes, in the sole discretion of the City Manager, is a safety hazard or a nuisance. Additionally, the City may require YOYO to remove, remedy or otherwise abate any such condition on the Property within forty-eight (48) hours. The removal, remedy and/or abatement concerning the Property shall be at YOYO's sole cost and expense. At no time shall the City be liable for such costs. License Agreement, Page 2 2.5.1 Failure of YOYO to remove, remedy or abate the condition identified shall constitute an Event of Default. 2.5.2 Should the City remove, remedy or abate a hazardous or nuisance condition, YOYO shall be responsible for all costs thereof plus an administrative fee of 10% of such cost. 2.5.3 YOYO shall pay the costs and the fee within thirty (30) days of receiving an invoice therefor. Failure to timely pay the invoiced amount shall constitute an Event of Default and the City shall have the right to place a lien on YOYO's property for the associated cost and administrative fee, which lien shall accrue interest at the rate of twelve percent (12%) per annum or the maximum rate permitted by law. TERM. The term of this Agreement will be for ten (10) years, and will continence upon the effective date first referenced hereinabove ("Commencement Date") and will terminate ten (10) years after the issuance of the certificate of occupancy for the Structure, unless sooner terminated as provided in this Agreement. 4. CONSIDERATION. 4.1 Maintenance. From and after the Commencement Date, YOYO shall be responsible for year-round maintenance of the Sign, the Awnings, the Structure, and the property on which the Structure is located. Failure to timely provide such maintenance shall constitute an Event of Default. 4.2 No warranties. In consideration for the privilege of use of the Property, YOYO specifically assumes any and all liability that may arise due to any site or property defects or other defects arising out of or relating to the Property, the Signs, and/or the Awnings. YOYO accepts the Property as is, in the condition in which it is found. The City hereby disclaims, and YOYO hereby accepts the City's disclaimer, of any warranty, express or implied, of the conditions or fitness for use of any portions of the Property. 5. STANDARDS. 5.1 YOYO may only use the Property for the purposes specified in Section 2 hereof. 5.2 YOYO shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations, including without limitation, laws and ordinances relating to health, and other radiation and safety requirements in connection with the Property. License Agreement, Page 3 5.3 YOYO will maintain Property in a sanitary, safe and clean condition. YOYO also agrees to clean all areas on the Property if and when the use of the Property results in or creates the need for such cleaning. YOYO further agrees and covenants that the Property shall at all times be subject to inspection by the City. However, the City has no duty to inspect the Property. 5.4 YOYO shall be responsible for the safety and protection of all persons and personal property on the Property. 6. DEFAULT, TERMINATION OR EXPIRATION. 6.1 Cure period for Events of Default. It shall be a default if YOYO fails to pay any sums to the City when due, and does not cure such default within ten (10) days; or if YOYO fails in the performance of any other covenant or condition of this Agreement and does not cure such other default within thirty (30) days after written notice from the City specifying the default. 6.2 Events of Default. In addition to those previously identified, an Event of Default shall include, but not be limited to the following: a. YOYO abandons or vacates the Property; b. YOYO is adjudicated bankrupt or makes any assignment for the benefit of creditors; C. YOYO becomes insolvent or YOYO reasonably believes itself to be insolvent; d. YOYO attempts to assign or transfer this Agreement in whole or in part, or any interest in this Agreement or any rights under this Agreement without the prior written consent of the City, which consent may be withheld for any reason or no reason; or e. YOYO fails to comply with any provision in this Agreement. 6.3 City's right to removal of the Sign and Awnings. In the event of a default, the City shall have the right, at its option, in addition to and not exclusive of any other remedies the City may have by operation of the law or in accordance with this Agreement, without any further demand or notice, to remove the Sign and/or Awnings from the Property, and declare this Agreement at an end, and in which event YOYO shall immediately pay the City a sum of money equal to any amount necessary to compensate City for all damages caused by YOYO's failure to perform its obligations under this Agreement, including attorneys fees to enforce the terms and conditions of this Agreement. The Sign and the Awnings shall be deemed abandoned if not removed prior to the termination date and the City may use or dispose of the same at its discretion without liability. 6.4 City's right to terminate for redevelopment of the Property. This Agreement may be terminated by the City if the City decides, in its sole discretion and for any License Agreement, Page 4 reason, to redevelop and/or to sell the Property. The City will give notice to the extent possible, but no less than thirty (30) days' notice to YOYO will be provided unless an emergency condition exists as determined in the sole discretion of the City Manager. 6.5 YOYO's obligations upon termination or expiration. Upon termination or expiration of this Agreement for any reason, YOYO shall remove the Sign and Awnings from the Property on or before the termination or expiration date, and shall repair to the satisfaction of the City any damage to the Property and the Structure at YOYO's sole cost and expense. In the event that the Sign and Awnings are not so removed to the satisfaction of the City, the Sign and Awnings shall become the property of the City and YOYO shall have no further rights thereto. The City shall not be liable for the removal or for any damage which may be caused by such removal. Furthermore, any and all damage to the Property or the Structure, whether caused by removal or by YOYO's use of the Property shall be at YOYO's sole cost and expense and the City shall not be liable for the same. 6.6 No arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and YOYO hereby agree that no claim or dispute between the City and YOYO 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, YOYO consents to be joined in the arbitration proceeding if YOYO's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding. 7. INDEMNIFICATION, RELEASE, AND INSURANCE. 7.1 Disclaimer of liability. The City shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of YOYO's construction, maintenance, repair, use, operation, condition of the Property and/or any improvements thereon. 7.2 Assumption of risk. YOYO undertakes and assumes for its officers, agents, contractors and subcontractors, employees, customers and the public (collectively "YOYO" for the purpose of this section), all risk of dangerous conditions whether patent or latent, obvious or undiscoverable, and regardless of whether the City should have known of such dangerous conditions, if any, on or about the Property. 7.3 No liens. YOYO agrees that no claim or lien may be filed against Property for work, labor, materials or supplies provided or supplied to YOYO, concerning the installation, construction, operation, maintenance or use of the Property or the Sign and Awnings. Should such claim or lien be filed, YOYO, upon the written License Agreement. Page 5 request of the City, shall cause such claim or lien covering the Property to be discharged or bonded within thirty (30) days following such request to the satisfaction of the City Manager. 7.4 INDEMNIFICATION. YOYO AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH WORK DONE AND/OR THE SERVICES PERFORMED BY YOYO PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF YOYO'S ACTIVITIES, OR FROM ANY ACT OR OMISSION BY YOYO, ITS AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES, ON OR ABOUT THE PROPERTY SUBJECT TO THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY AND/OR (II) THE SOLE OR JOINT NEGLIGENCE OF YOYO, ITS OFFICERS, AGENTS, CONTRACTORS, EMPLOYEES, INVITEES AND/OR GUESTS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH YOYO AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY YOYO TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND/OR THE (II) THE NEGLIGENCE OF YOYO, ITS OFFICERS, AGENTS, EMPLOYEES INVITEES AND/OR GUESTS. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO License Agreement, Page 6 THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. In the event that any action or proceeding is brought against the City by reason of any matter from which the City is indemnified herein, YOYO further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. It is expressly agreed and understood by the parties hereto that the indemnity provided in this section shall survive the expiration or earlier termination of this Agreement. 7.5 Release. YOYO assumes full responsibility for any work that it or its officers, contractors, agents or volunteers performs on the Property as well as for the use of the Property and hereby releases, relinquishes and discharges 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 injury 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 this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 7.6 Insurance. Throughout the term of this Agreement, YOYO shall maintain insurance coverage of the type and amount hereinafter indicated. YOYO shall provide to the City's Risk Manager an insurance certificate evidencing the following coverage in the minimum limit indicated hereinbelow: o Commercial General Liability General Aggregate: $2,000,000 Per Occurrence: $1,000,000 ■ The City, its officials and employees are to be added as additional insured to this commercial general liability policy. ■ A wavier of subrogation in favor of the City shall also be required on such policy. ■ Coverage shall be broad form CGL. ■ No coverage exclusions shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. Prior to or upon the execution of this Agreement and before commencing any of the work, YOYO shall file with the CITY valid Certificates of Insurance and License Agreemen Page 7 endorsements acceptable to the CITY. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the CITY via certified mail, return receipt requested. Prior to the end of each coverage period during the term of this Agreement, new Certificates of Insurance must be filed with the CITY evidencing continuation of coverage. The following are general requirements, which are applicable to the required policy: o All insurance coverage required herein, except for workers' compensation insurance, shall be written by a carrier with an A.M. Best Rating of A- or higher in accordance with the current Best Key Rating Guide. o Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. o Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis. o Claims -made policies will not be accepted. o The CITY, its officers, agents and employees are to be added as "Additional Insureds" to the policy. The coverage shall contain no special limitation on the scope of protection afforded to the CITY, its officers, agents or employees. o A waiver of subrogation in favor of the CITY must be included. o Upon request, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the CITY at no cost to the CITY. 8. ACCEPTANCE OF PROPERTY. By taking possession of the Property, YOYO accepts the Property in the condition existing as of the Commencement Date. The City makes no representation or warranty with respect to the condition of the Property and the City shall not be liable for any latent or patent defect in the Property. 9. NOTICE. All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: License Agreement, Page 8 CITY: CITY OF BAYTOWN Attention: City Manager P.O. Box 424 Baytown, TX 77522 YOYO: YOYO LLC, SERIES 13 Attn: Oscar Chapa P.O. Box 1091 Baytown, TX 77522 10. CONSTRUCTION. Both parties have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. 11. ASSIGNMENT. Neither party to this Agreement may assign their rights duties or interests without first obtaining the written consent of the other party. 12. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 13. MISCELLANEOUS. 13.1 Authority. 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. 13.2 Entire agreement. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties. 13.3 No property right granted. This Agreement does not establish any real property rights, franchises or other rights whatsoever in real estate to YOYO. This Agreement provides limited rights to use and limited rights for access to facilities subject to revocation upon the terms and conditions of this Agreement. 13.4 Binding effect. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. License Agreement, Page 9 13.5 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 an Event of Default and subject to Article 6 hereof. 13.6 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. 13.7 Choice of law and venue. This Agreement and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Agreement shall be conducted in Hams County, Texas, and the parties hereby agree to the venue and personal jurisdiction of these courts. 13.8 Right of access. The City reserves the right to enter upon and have access to any portion of the Property and the Structure of any and all times on any matters relating to this Agreement. 13.9 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 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. 13.10 No consent to litigation. By this Agreement, 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 Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City's sovereign immunity. 13.11 Remedies cumulative. No right or remedy granted herein or reserved to the City is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the City. Forbearance or indulgence by the City shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 13.12 Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, License Agreement, Page 10 subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 13.13 No third party beneficiaries. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit YOYO and the City only. 13.14 Constniction. The article and section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation 13.15 Agreement read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 13.16 Multiple originals. 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. CITY OF BAYTOWN, TEXAS RICHARD L. DAVIS, City Manager (Date) ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney License Agreement, Page 11 YOYO LLC, SERIES 13 -fes• .� �- OSCAR CHAPA Governing Person (Dale) STATE OF TEXAS COUNTY OF /J/(o/ Zd l 7 Before me, SlycLkl4iL' k_• , the undersigned notary public, on this day personally appeared OSCAR CHAPA, the Governing Person of YOYO LLC, SERIES 13. _ known to me proved to me on the oath of or proved to me through his current T ,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 ackno%rledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of Ak •v z., 1. r 3017. SHELLEY DENIECE WARNER i�lottlry Public i and for the State of Texas Notary Public, State of TO Notary ID p 12883223-5 My commission expires:. 11 , (/411ZQV M Commission Expires o` y lune 28, 2021 cohfsOl legal Karew.1 iles%Contract.5,YnSn License :greemcnt heense.dnc License Agreement. Page 12 Exhibit "A" I 2 �- 2R }� mEt� "B t § Exhibit ' !& e co ` w - eO//O�/S/OOS 2kj t \ § \ / z \s $ m E •2� 7 %m 0 �2%.g27 7!§ K ƒ b • } i S x m w 0 S w beLLLLl O 3 Z F � sd wN LL J w V Z N_ x H C S w 4 3 - � 4 1 4 3 CITE` OF BAN TONA.N, TEXAS INDEBTEDNESS C'ERTIFIC'ATION Project Name: License Agreement Company Name: YoYo, LLC, Series 13 Department: Planning & Community Dev Date: 11/15/2017 Council Date: 11/20/2017 A revic%% of the above-described company t%as made in accordance with 2-663 of the City of Baytown Code of Ordinances and the aforementioned companN was found: F—Ito lie indebted to the City in the following areas: anot to be indebted to the City. It is hereby certified the above is true and correct based on the best information available. 11/15/2017 ---- Director of Finance Date For information regarding this certificate. please contact the Finance Director at 281-420-6531. If an appeal to this determination is to be filed under section 2-664 of this code. please formard to the tollowing address: City of Baytown Director of finance 13 O Box 424 Baytown. I_X 77522-0424