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Ordinance No. 5,308890727 -1 ORDINABCE NO. 5308 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO THE AGREEMENT FOR ADMINISTRATION OF SMALL BUSINESS REVOLVING LOAN PROGRAM WITH THE BAYTOWN AREA /WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an amendment to the Agreement for Administration of Small Business Revolving Loan Program with the Baytown Area /West Chambers County Economic Development Foundation. A copy of said 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 affirmative vote of the City Council of the City of Baytown, this the 27th day of July, 1989. �_ ETT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk 4ANDALL B. STRONG, Ci Attorney C:1:15:6 FIRST AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF SMALL BUSINESS REVOLVING LOAN PROGRAM BETWEEN CITY OF BAYTOWN, TEXAS, AND THE BAYTOWN AREA /WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION THE STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment ( "Amendment ") to that certain Agreement for Administration of Small Business Revolving Loan Program between the City of Baytown, Texas, and the Baytown Area /West Chambers County Economic Development Foundation dated February 17, 1989, is made by and between the same parties on the date hereinafter last specified. W I T N E S S E T H: WHEREAS, the City of Baytown ( "City ") and the Baytown Area /West Chambers County Economic Development Foundation ( "Foundation ") did enter into an agreement for Administration of the Small Business Revolving Program on February 17, 1989; and WHEREAS, City and Foundation now desire to amend and modify Exhibit "A" to said Agreement which sets forth the requirements and procedures of the Small Business Revolving Loan Program; and WHEREAS, City and Foundation desire to expand the eligibility criteria for the program in order to make it available to more Baytown businesses; NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained the parties hereto do mutually hereby agree as follows: 1. 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 contract. EX 1-4 9 - 2. Section IV of Exhibit "A" is modified and amended to read in its entirety as follows: (A) Eligibility Criteria: (a) The borrower warrants that the loan funds are essential for the preservation or creation of jobs through a duly licensed business enterprise located within the corporate limits of the City of Baytown. (B) There shall be no minimum time period for having been in business. However, the borrower must be able to meet surety and collateral requirements of conventional lending institutions. Additionally, the borrower must provide evidence that sufficient cash flow exists to meet operating capital and debt service requirements. 3. The provisions of this Amendment, and the provisions of the contract shall be read together and construed as one agreement provided that in the event of any conflict or any inconsistency between the provisions of this amendment and the provisions of the contract, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies each of which shall be deemed to be - 2 - an original, but all of which shall constitute but one and the same Amendment this day of ATTEST: EILEEN P. HALL, City Clerk ATTEST: ATTEST: S:5:25:3 . 19 CITY OF BAYTOWN, TEXAS METT 0. HUTTO, Mayor BAYTOWN AREA/WEST CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION MARK TILLER, Chairman By 3 -