BHPFC Resolution No. 7RESOLUTION NO. 7
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
HOSPITALITY PUBLIC FACILITIES CORPORATION AUTHORIZING THE FIRST
AMENDMENT TO THE HOTEL AND CONVENTION CENTER DEVELOPMENT
SERVICES AGREEMENT WITH GARFIELD PUBLIC/PRIVATE LLC; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN HOSPITALITY
PUBLIC FACILITIES CORPORATION:
Section 1: That the Board of Directors of the Baytown Hospitality Public Facilities
Corporation hereby authorizes the First Amendment to the Hotel and Convention Center Development
Services Agreement with Garfield Public/Private LLC. A copy of said amendment is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Hospitality Public Facilities Corporation.
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the
Baytown Hospitality Public Facilities Corporation, this the 9th day of January, 2020.
7� OA4C
BRANDON CAPETILLO, resident
A ST:
j to
LETICIA BRYSCH, AAistant Secretary
APPROVED AS TO FORM:
4M7ZO)RAMIREZ, SR. n ral Counsel
to
COBFSOI Legal Karen Files City Council PFC•Resolution\2020Uanuary 9Tirst Amendment to Development Services Agreement with Garfield.doc
Exhibit "A"
FIRST AMENDMENT TO
HOTEL AND CONVENTION CENTER
DEVELOPMENT MANAGEMENT AGREEMENT
THIS FIRST AMENDMENT TO HOTEL AND CONVENTION CENTER
DEVELOPMENT MANAGEMENT AGREEMENT (this "Amendment"), is made as of this
day of 2020, by and between the Baytown Hospitality Public Facilities
Corporation, a Texas nonprofit corporation ("Hotel Owner"), and Garfield Public/Private LLC,
a Texas limited liability company ("Garfield") (collectively, the "Parties").
RECITALS:
WHEREAS, the Parties entered into that certain Hotel and Convention Center
Development Management Agreement effective as of November 7, 2019 (the "Agreement")
pursuant to which Garfield has agreed to provide certain project management services to Hotel
owner in connection with the predevelopment, development, and construction of a full -service,
upscale hotel and convention center, with related public infrastructure and facilities and certain
surface or stnictured parking, landscaping, hardscaping and other amenities (the "Project"); and
WHEREAS, the Parties desire to expand the scope of the Agreement to provide for
payment by Garfield on behalf of the Hotel Owner of various pre -development, development,
and constniction expenses associated with the Project;
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein
contained, and for other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
The Hotel Owner authorizes Garfield to pay pre -development, development, and
construction expenses as previously approved by the Hotel Owner from time to time, and to seek
reimbursement from the Hotel Owner upon presentment of invoices and other documentation for
such expenses. All terms and conditions of the Agreement not amended hereby shall apply to
this Amendment.
BAYTOWN HOSPITALITY PUBLIC
FACILITIES CORPORATION
By:
Name:
Title:
Date:
GARFIELD PUBLIC/PRIVATE LLC
By:
Name:
Title:
Date: