Ordinance No. 13,917ORDINANCE NO. 13,917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A FENCE AGREEMENT FOR THE SAN JACINTO BOULEVARD
PROJECT WITH GULF EQUITIES REALTY ADVISORS, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-NINE
THOUSAND SEVEN HUNDRED FIFTY AND N0/100 DOLLARS ($69,750.00);
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, Texas, hereby authorizes and
directs the City Manager to execute a Fence Agreement for the San Jacinto Boulevard Project with Gulf
Equities Realty Advisors, Inc.. A copy of said agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Gulf
Equities Realty Advisors, Inc., in an amount not to exceed SIXTY-NINE THOUSAND SEVEN
HUNDRED FIFTY AND N0/100 DOLLARS ($69,750.00) in accordance with the agreement authorized
in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase 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(66 and after its passage by the
City Council of the City of Baytown. X
INTRODUCED, READ and PASSED by the affirmativev e o the City Council of the City of
Baytown this the 25"' day of October, 2018. / 7
APPROVED AS TO FORM:
JN&AC-IORAMIREZ, SR., Ci torney
H. DONCARLOS, Mayor
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Exhibit "A"
Fence Agreement for the San Jacinto Boulevard Project
STATE OF TEXAS
COUNTY OF HARRIS
WHEREAS, Gulf Equities Realty Advisors. Inc. ("CERA" ), who has been appointed the administrative manager of Ten Garth Ltd., Hunt
90 Ltd., Garth 82 Ltd., and William J. Rapson Jr. Ltd. (collectively the "Affiliates"); and
WHEREAS, the Affiliates dedicated certain property (the "Property") to the City of Baytown (the "City") for the San Jacinto Boulevard
Project (the "Project") with the expectation that the fence located on the Property would be moved onto the properly of one or more of the Affiliates;
and
WHEREAS, the City included the removal and reconstruction of the above -referenced fence in its contract for the construction of the
Project; and
WHEREAS, the cost of the fence to be reconstructed on the properties of GERA's aflilinle companies totaled SIXTY-NINE THOUSAND
SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($69,750.00); and
WHEREAS, GERA, for and on behalf of its affiliates, has requested that the City of Baytown not reconstruct the fence as originally
completed but instead compensate GERA for the cost thereof, and
WHEREAS, the City of Baytown is willing to do so under the terms and conditions herein:
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is herein acknowledged and confessed, the City and
GERA (collectively the "Parties") agree as follows:
I. The City shall pay GERA lite sum of SIXTY-NINE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS
($69,500.00) within thirty (30) days of the execution of this Agreement.
2. Upon receipt of payment from the City of Baytown pursuant to Section I hereof, GERA, for itself and ort behalf of the Affiliates,
releases, acquits and forever discharges tite City of Baytown, its officers, agents, and employees, frons any and all demands, claims,
liabilities, and causes of action of any kind whatsoever, at common law, statutory or otherwise, that GERA has or might have, known
or unknown, now existing or that might arise hereafter, directly or indirectly attributable to GERA's dedication of the Property and/or
the fence not being reconstructed.
3. GERA represents that it has the authority to bind its Affiliates to the terms hereof
4 It is expressly understood and agreed that the terms hereof are contractual and not merely recitals and that the agreements herein
contained and the consideration transferred are for the full and final compromise of all claims, including but not limited to claims for
damage, loss of use, diminution of value as well as attorneys' fees.
5. This agreement contains the entire understanding of the Parties and may not be altered, amended, modified or otherwise changed
except in writing signed by all Parties.
6. This Agreement 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 draliing of this agreement.
7 The persons executing this agreement on behall'of the Parties hereby represent that such persons have full authority to execute this
Agreement and to bind the party he represents.
IN WITNESS WHEREOF, the Parties hereto set their names oft the day and year first written above.
By:
Richard L. Davis, City Manager of the City of Bnytown
Address: P.O. Box 424
Baytown, TX 77522
Uobrso I llegal\FarwdFdes\Contracts\Gul(Equilies f once Agreemem\At;wmenl duc
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By:
Leo Wo rest FenI of Gulf Equities Realty Advisors,
Inc., and General Partner of the Affilintes
Address: 710 N. Post Oak Road, Suite 400
Houston, TX 77024