Ordinance No. 13,674ORDINANCE NO. 13,674
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 FIRST
AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH GOOSE CREEK LIVE -WORK, LLC; 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 authorizes and
directs the City Manager to execute and the City Clerk to attest to the First Amendment to the
Chapter 380 Economic Development Agreement with Goose Creek Live -Work, LLC. 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 from and after its passage by
the City Council of the City of Baytown. %
INTRODUCED, READ and PASSED by the affirr a e vote of the City Council of the
City of Baytown this the 111n day of January, 2018. 1' 1-17
AT T:
LETICIA BRYSCH, Ci Jerk
APPROVED AS TO FORM:
VIP, I �All
DONCARLOS,
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cobfsOl •legat karerr.8les\city councihordinances\2018 january 11 l stamendmentto380economicdevelopmentagreementordinance4goosecreeklive-workllc. doc
Exhibit "A"
FIRST AMENDMENT TO THE
CITY OF BAYTOWN / GOOSE CREEK LIVE -WORK, L.L.C.
CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("Amendment") to that certain Chapter 380 Economic Development
Agreement dated October 14, 2016, ("Agreement") by and between GOOSE CREEK LIVE -WORK,
L.L.C. (the "Developer") and the CITY OF BAYTOWN, TEXAS, a home -rule city and municipal
corporation, located in Harris and Chambers Counties, Texas (the "City") is made and entered into on this
day of January, 2018.
RECITALS
WHEREAS, the City and the Developer entered into the Economic Development Agreement (the
"Agreement") on October 14, 2016, in order to set out the terms of an economic development program to
stimulate business and commercial activity in the City; and
WHEREAS, the Developer has requested that it be granted an incentive to more rapidly gain
occupancy of the Project; and
WHEREAS, the City is amenable to the Developer's request pursuant to the terms and conditions
of this Amendment; and
WHEREAS, the terms of the Agreement shall remain in full force and effect except as
specifically altered by the terms of this 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.
Amendments
1.01 Subsection (a), Section 6.01 "Economic Development Grant," Article VI "City's Obligations" of
the Agreement is hereby amended to read as follows:
6.01 Economic Development Grant.
(a) Subject to subsection (b) of this section, the City will pay the Developer the
Economic Development Grant in two installments as follows:
(1) ONE HUNDRED SIXTY THOUSAND AND NO/ 100 DOLLARS
($160,000.00) within thirty (30) days after both (i) the issuance of the
certificate of occupancy for the Project and (ii) the receipt of a written
payment request for such amount from the Developer; and
First Amendment to the Chanter 380
Economic Development Agreement. Page 1
(2) FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00) within
thirty (30) days after either (i) the first anniversary of the issuance of the
certificate of occupancy for the Project or (ii) the date the Project
achieves 60O.o occupancy, whichever occurs first; provided that the
Developer provides proof of such occupancy rate, if applicable along
with a written payment request for such amount.
II.
Miscellaneous Provisions
2.01 Recitals. The recitals set forth above are declared true and correct and are hereby incorporated as
part of this Amendment.
2.02 Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this Amendment shall have the same meanings as in the Agreement.
2.03. Entire Agreement. The provisions of this 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 Amendment and the provisions of the Agreement,
the provisions of this Amendment shall control.
2.04 Interpretation. This 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 Amendment.
2.05 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.
2.06 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.
IN WITNESS WHEREOF, the parties hereto have executed this 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 January, 2018, the date of execution by the City Manager.
CITY OF BAYTOWN, TEXAS
RICHARD L. DAVIS, City Manager
(Date)
First Amendment to the Chanter 380
Economic Development Agreement, Page 2
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
GOOSE CREEK LIVE -WORK, L.L.C.
CHRISTOPHER PRESLEY
Member Manager
(Date)
ARTHUR A. PRESLEY, JR.
Member Manager
(Date)
STATE OF TEXAS
COUNTY OF
Before me, , the undersigned notary public, on this day personally
appeared Christopher Presley, the Managing Member of Goose Creek Live -Work, L.L.C.
known to me
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}
(check one)
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.
First Amendment to the Chanter 380
Economic Development Agreement. Page 3
Given under my hand and seal of office this _day of 12018.
Notary Public in and for the State of Texas
My commission expires:
STATE OF TEXAS
COUNTY OF
Before me, , the undersigned notary public, on this day personally
appeared Arthur A. Presley, the Managing Member of Goose Creek Live -Work, L.L.C.
known to me
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}
(check one)
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 seal of office this _day of 12018.
Notary Public in and for the State of Texas
cobfs0l\legal\Karen\Files,.Contracts\Texas Avenue Apartments 380 Agreemenf•1stAmendment.doc
First Amendment to the Chanter 380
Economic Development Agreement. Page 4