Ordinance No. 14,256ORDINANCE NO. 14,256
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
SERVICES AGREEMENT WITH GENERAL INDUSTRIAL POLYMERS,
LLC; 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 Services
Agreement with General Industrial Polymers, LLC. 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 241h day of October, 2019.
C
B ANDON CAPE ILL a r
A ST:
L TICIA BRYSC , ity Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR , ity Attorney
COBFS01 .Legahl(arenTilesTity Council Ordinances12019 October 24 1stAmendmentGeneralIndustrial Polymers.doc
Exhibit "A"
FIRST AMENDMENT TO THE SERVICES
AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment (the "First Amendment") to the Services Agreement (the "Agreement") is
made and entered into by and between the CITY OF BAYTOWN, a municipal corporation located in
Harris and Chambers Counties, Texas, (the "City") and General Industrial Polymers, LLC, a Texas
limited liability company (the "Company").
RECITALS
WHEREAS, the Company has commenced the construction of a commercial development on its
property located at 4735 Decker Drive (5110 Decker Drive), Harris County, Texas, which property is
more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents
and purposes. (the "Project"), which is currently within the territory of the District and outside the
corporate limits of the City; and
WHEREAS, in the Agreement, the Company committed to (i) building the Project in accordance
with the building, plumbing, mechanical and electrical codes adopted by the City and as amended in
Chapter 18 of the Code of Ordinances, Baytown, Texas; (ii) complying with the zoning regulations of the
City, as if the property were zoned LI; and (iii) submitting plans and paying fees related to plan review
and inspection services for the Project; and
WHEREAS, the Company has requested that the Agreement be amended in order to vary some of
the terms contained therein as it relates to the obligations between the City and the Company;
WHEREAS, the City is agreeable to the requested amendments pursuant to the terms and
conditions hereof;
NOW THEREFORE, the City and the Company, in consideration of the mutual covenants,
agreements and benefits herein contained, do mutually agree as follows:
1. Recitals. The recitals set forth above are incorporated herein by this reference.
2. Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this First Amendment shall have the same meanings as in the Agreement.
Amendment.
a. Subsection (a) "Zoning Regulations," Section 1.01 "Project," Article I "Company's
Responsibilities" of the Agreement is hereby amended to read as follows:
First Amendment to the Services Agreement Page 1
I.
COMPANY'S RESPONSIBILITIES
1.01 Project. The Company hereby agrees to construct the Project in accordance with
all applicable Codes of the City, including, but not limited to, its building codes
and its zoning regulations.
a. Zoning Regulations. It is expressly agreed by all parties hereto that the
Company shall construct, maintain and operate the Project as if the same
were in an LI zoning district for any development associated with the
Project, with the following amendments:
Building Setbacks. The front building setback shall be 100 feet.
2. Vegetative and Open Space Buffers. The vegetative buffer shall
be 50 feet, and a 6-foot opaque screen shall be installed interior
to such vegetated buffer. The vegetative buffer shall be planted
and laid out as depicted in Exhibit "D," which is attached hereto
and incorporated herein for all intents and purposes.
Masonry Requirements. The fagade of the building(s)
comprising the Project will be 100% masonry for the front and
southern elevations, 85% masonry for the northern elevation, and
0% masonry for the rear elevation, as shown in Exhibit "D."
4. Building Height. The maximum building height for the
Project shall not exceed 60 feet, except for silos and
communication towers, which shall not exceed 80 feet.
It is expressly understood and agreed that no permit required herein shall
be issued unless all applicable zoning regulations are satisfied.
4. Entire Agreement. The provisions of this First Amendment and the Agreement and the
documents referenced therein should be read together and construed as one agreement provided
that, in the event of any conflict or inconsistency between the provisions of this First Amendment
and the provisions of the Agreement and the documents referenced therein, the provisions of this
First Amendment shall control.
5. Full Force and Effect, Conflict. Except as amended by this First Amendment, the Agreement,
as modified, remains in full force and effect and is hereby ratified by the Parties. In the event
of any conflict between the Agreement and this Amendment, the terms and conditions of this
Amendment shall control.
Interpretation. This First 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 First Amendment.
7. Captions. Captions contained in this First 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.
First Amendment to the Services Agreement Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the same
Agreement on the day of 2019, the date of execution by the City
Manager of the City of Baytown.
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
1UNAUIL) KAMIKhL, �oK., Llty Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me,
appeared the
LLC on behalf of such limited liability company
CITY OF BAYTOWN
-- - - ...._....... —. ........ _ ....—
RICHARD L. DAVIS, City Manager
COMPANY: GENERAL INDUSTRIAL
POLYMERS, LLC
..... ....................................-------- --._...-.
Signature
Printed Name
the undersigned notary public, on this day personally
of General Industrial Polymers,
known to me;
proved to me on the oath of ; or
proved to me through his/her current _
{description of identification card or other document issued by the federal government or
First Amendment to the Services Agreement Page 3
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 she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2019.
Notary Public in and for the State of Texas
My commission expires:
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