Ordinance No. 14,130ORDINANCE NO. 14,130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO THE FIRST AMENDMENT TO THE 2018-19 TOURISM
PARTNERSHIP GRANT AGREEMENT WITH HIGHLANDS SPORTS
ASSOCIATION CONCERNING ITS BASKETBALL TOURNAMENT; 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 the City
Manager to execute and the City Clerk to attest to the First Amendment to the 2018-19 Tourism
Partnership Grant Agreement with Highlands Sports Association concerning its basketball tournament. A
copy of said amendment is attached hereto as 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 vote of the City Council of the City of
Baytown, this the 25'h day of July, 2019.
BRANDON CAPETILLO, ayor
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LPTICIA BRYSCH, City Wefk
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APPROVED AS TO FO
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ACIO RAMIREZ, SR., City ney
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COBFSO l 1egal •Karen files •%City Council Ordinances\2019Vuly 25 I stAmendment2TourismGrantAgreement.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
TOURISM PARTNERSHIP EVENT GRANT AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ("Amendment") to that certain Tourism Partnership Event Grant
Agreement between the City of Baytown (the "City") and the Highlands Sports Association, Inc.,
a non-profit corporation incorporated under the laws of the State of Texas (the "Grant
Recipient"), dated the I O h day of April, 2019, is made by and between the same parties on the
date hereinafter last specified.
WITNESSETH:
WHEREAS, on April 10, 2019, the Owner and the Grant Recipient entered into an
Tourism Partnership Event Grant Agreement (the "Agreement") for its basketball tournament,
which was to be held on April 19 - 21, 2019; and
WHEREAS, due to unforeseen circumstances such tournament was canceled; and
WHEREAS, in lieu of the tournament, the Grant Recipient proposes to hold a basketball
symposium and clinic on July 31, 2019, and a basketball tournament on August 1, 2019, which
symposium, clinic and tournament are expected to directly enhance and promote tourism and the
convention and hotel industry (collectively the "Event"); and
WHEREAS, the Grant Recipient proposes to use various means of advertising to promote
the City of Baytown together with the Event; and
WHEREAS, the City and the Grant Recipient desire to enter into this First Amendment
in order to approve the Event for funding pursuant to the terms of the Agreement and this
Amendment in order to enhance and promote tourism and the convention and hotel industry;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the City and the Grant Recipient agree as follows:
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. Amendments.
The fourth recital of the Agreement is hereby amended to read as follows:
WHEREAS, the Grant Recipient will hold a a basketball
symposium and clinic on July 31, 2019, and a basketball
First Amendment to the Tourism Partnership Event Grant Agreement, Page 1
tournament on August 1, 2019, which symposium, clinic, and
tournament are expected to directly enhance and promote tourism
and the convention and hotel industry (collectively the "Event");
and
Interpretation. The provisions of this Amendment and the provisions of 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. Nothing contained in
this Amendment or in the Agreement shall be construed in any way to limit or to waive
the Owner'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 __ , 2019, the date of
execution by the City Manager.
ATTEST:
LETICIA BRYCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
HIGHLANDS SPORTS ASSOCIATION,
INC.
(Signature)
(Printed Name)
(Title)
First Amendment to the Tourism Partnership Event Grant Agreement, Page 2
ATTEST:
(Signature)
(Printed Name)
(Title)
1COBFSOI\LegallKarenlFiles\Contracts Tourism Grant Agreemenfl2018\FustAmendment.doc
First Amendment to the Tourism Partnership Event Grant Agreement, Page 3