Ordinance No. 10,504ORDINANCE NO. 10,504,
AN ORDINANCE OF THE CITY CUMCIL OF "I"HE CIT'Y' OF BAN'TOWN, TEXAS,
AUTHORIZING AND DIRFC71ING THE (7VT%7 MANAGER TO EXECUTE AND
T'HE CITY CLERK TO ATTEST TO AN AGREEMENT VATH THE BAYTOWN
AAMCIPAL DEVELOPMEW DISTRICT REGARDING FUNDING FOR THE
PURCHASE OF 10.625 ACRES OF LAND LOCATED ADJACENT TO GOOSE
CREEK STREAM AND WEST MAS AVENUE FRON1 C,.FTR-12, INC_-,
M."THORIZING EXPFNDITI rRE OF AN AN40t)NI" NOT TO EXCEED TFIIRT1'-
E,IGHTITJOUSAND NINE HUNDRED EIGHT .> •8/100 DOI-LARS ($38,908.48)
FOR THE PURCHASE OF SUCH PROPERTY, AND PROVIDING FOR THE
EAFECTAT DATE THERFOF.
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BE FTORDAINED BY THE CITYCOUNCII. OF THE CITY OFBAY'TOWN, TEXAS:
SectOn 1: That the Qty' COMICd of' (lie City of Baytown, TWC hereby mobadzes and
Was the City NManager to execute and the City—Clerk to ,.toast to an ag ,eernent with the Bayto,,w to
%lunicipal Development f1strici regarding fbndin,.(,, t`61- the PUrCh,'NO Of 10125 acres of land lomind
nd pacem to Goose Cleek Sawni rual Wcm Toms A vmue Amin CFTR A 2, No A copy of the agreement is
attached hem lo as Exhibit W and We a pan her eur Or aril intents and purposes.
Section 2: That the City. Comn6l cWthe City of Buytown, Texas, hereby aLnh0ri?_CS IIIC
expenAmme ofanimtount not to cxceed TI IRTY-El(&I'T -h-ic)IjS,,L\.ND NINE HUNDRED EIGHTANI)
0100 DOLLARS (S3%908A8) Whe pur6ase of 10.625 acres of la Iocatedac.�lacent to Goose Creek.
Simian and \VestT`exas Avenue My CFT RAT Inc., for the Goose Creek Streani Greenbelt.
Se,ction 3 This ordinanceshall take enki treat ediareIy from and afier its passage by the
Chy Cowwil ofte City ofBapown.
INTRODUCED. READ and PASSED by the afTimmle vq S of the CA, Council or the Cly W'
Bay tow i i this t lie j w, w car Doun5eq 2M I
APPRC)VI-A) AS [0 FOWM:
A,
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lGi ACI MANUREZ, S
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Koren Pik, (11) ( LM UCH tkdmamcs 2mm W.10 14
E111 If-,',N 11. DONCARLOS, Mayor
• AGREEMENT FOR FUNDING FOR
10.625 ACRES ADJACENT TO GOOSE CREEK STREAM
AND WEST TEXAS AVENUE
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for Funding for the Jenkins Park Skate Facility Project (the
"Agreement ") is made as of the day of December, 2006, by and between the CITY OF
BAYTOWN, a municipal corporation located in Harris and Chambers Counties. Texas, (the
"City") and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter
377 of the Texas Local Government Code. as amended, (the "Act ") and located in Harris and
Chambers Counties. Texas, (the "District "). For and in consideration of the mutual covenants
herein contained, it is agreed as follows:
Section 1. Representations and Warranties of District.
a) The District is engaged in an on -going effort to provide new resources to plan,
acquire, establish, develop, construct and/or renovate one or more development
projects beneficial to the District, which includes the incorporated limits of the
City lying within Harris County.
b) The District covenants that it shall actively work to productively coordinate its
activities with the City in an effort to reduce duplication of services.
C) The District represents and warrants that it has been properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
Section 2. Description of Program.
The City, with the assistance of the District as herein specified, agrees to purchase a
10.625 -acre tract of land from CFTR -12, Inc. (the "Project ") for development as a future park.
Such property is located adjacent to Goose Creek Stream and West Texas Avenue and is more
particularly described in Exhibit "A." which is attached hereto and incorporated herein for all
intents and purposes.
Section 3. Reports.
The City shall prepare and submit to the District within 120 days after the end of each
fiscal year during the term of this Agreement a verbal or brief written report describing the
services performed by the City pursuant to this contract during the previous year along with a
summary of expenditures for the previous fiscal year.
Section 4. Approvals.
The District understands, hereby directs and authorizes the City to make any Project
• clarifications and/or modifications as may be necessary as determined by the City in its sole
discretion.
EXHIBIT A
Aereement for Funding for the Purchase of 10.625 Acres. Page 1
• Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance of this
Agreement, the District shall tender funds to the City in an amount not to exceed THIRTY
THOUSAND AND NO /100 DOLLARS (530,000.00). All payments required to be made herein
shall be payable on or before 30 days after the District receives an invoice therefor from the City.
Section 6. Term.
This Agreement shall be effective from and after December 14, 2006, and ending 30 days
after final completion and acceptance of the Project by the City, unless sooner terminated by
either party hereto pursuant to the terms hereof.
Section 7. Termination for Cause.
A party may terminate its performance under this contract only upon default by the other
party. Default by a party shall occur if the party fails to perform or observe any of the terms and
conditions of this Agreement required to be performed or observed by that party. Should such a
default occur. the party against whom the default has occurred shall have the right to terminate
all or part of its obligations under this contract as of the 30`h day following the receipt by the
defaulting party of a notice describing such default and intended termination, provided: (1) such
termination shall be ineffective if within said 30 -day period the defaulting party cures or has
commenced the cure of the default. or (2) such termination may be stayed, at the sole option of
the party against whom the default has occurred, pending cure of the default.
Upon the termination of this Agreement, both parties shall be relieved of their respective
obligations herein stated. This Agreement shall not be subject to termination for convenience.
Section 8. Force Majeure.
Any prevention, delay, nonperformance. or stoppage due to any of the following causes
shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or
stoppage, except the obligations imposed by this Agreement for the payment of funds allocated
for the District's programs. The causes referred to above are strikes, lockouts, labor disputes.
failure of power, acts of God, acts of public enemies of this State or of the United States, riots,
insurrections. civil commotion. inability to obtain labor or materials or reasonable substitutes for
either, governmental restrictions or regulations or controls, casualties or other causes beyond the
reasonable control of the party obligated to perform.
Section 9. Refund and Payment upon Termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured
default by the City, the City hereby agrees to refund all unexpended, unappropriated monies
previously paid by the District to the City pursuant to this Agreement. If at the time of
termination the District owes the City monies. the District shall remit to the City the appropriate
amount computed as of the effective date of the termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured
default by the District, the District hereby agrees to pay the total amount committed in Section 5
• hereof on or before the effective date of the termination.
Agreement for Fundine for the Purchase of 10.625 Acres, Page 2
• Section 10. Parties in Interest.
This contract shall bind and benefit the City and the District and shall not bestow any
rights upon any third parties.
•
Section 11. Non - waiver.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce, by an
appropriate remedy, strict compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or failure of performance.
Section 12. Compliance with Applicable Laws.
The parties hereto shall comply with all rules, regulations, and laws of the United States
of America. the State of Texas, and all laws. regulations, and ordinances of the City of Baytown
as they now exist or may hereafter be enacted or amended.
Section 13. Choice of Law; Venue.
This contract is subject to and shall be construed in accordance with the laws of the State
of Texas, the laws of the federal government of the United States of America and all rules and
regulations of any regulatory body or officer having jurisdiction. This contract is performable in
Harris County, Texas.
Section 14. Notices.
All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or. if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle with proper postage affixed (certified mail, return
receipt requested) addressed to the respective other party at the address described below or at
such other address as the receiving party may have theretofore prescribed by notice to the
sending party:
District
Baytown Municipal Development District
Attn: President. Board of Directors
P.O. Box 424
Baytown. Texas 77522 -0424
Fax: (281) 420 -6586
Ci!Y
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420 -6586
Agreement for Funding for the Purchase of 10.625 Acres, Page 3
• Section 15. Audits.
The City and the District may, at any reasonable time, conduct or cause to be conducted
an audit of the other parties' records and financial transactions. The cost of said audit will be
borne by the entity requesting the audit. The City and the District shall make available all of its
records in support of the audit.
Section 16. Ambiguities.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
Section 17. Captions.
The captions of the sections and subsections. if any, of this Agreement are for
convenience and ease of reference only and do not define, limit, augment or describe the scope,
content or intent of this Agreement or of any part or parts of this Agreement.
Section 18. Entire Agreement.
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. Any oral
representations or modifications concerning this instrument are of no force or effect excepting a
subsequent modification in writing signed by all the parties hereto.
Section 19. Assignment or Transfer of Rights or Obligations.
The City shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without prior written consent of the District.
Section 20. Severability.
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable. such determination shall not affect any other term of this Agreement, which
shall continue in full force and effect.
Section 21. Authority.
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he /she represents.
IN WITNESS WHEREOF, the parties have made and executed this contract in multiple
copies, each of which shall be an original.
CITY OF BAYTONVN BAYTOWUNICIPAL
DEVELOPMENT DISTRICT
GARY JACKSON
• City Manager
ST)PHEN H. DONCARLOS
Pvtsident
Agreement for Fundine for the Purchase of 10.625 Acres, Pa-e 4
• ATTEST:
LORRICOODY
City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ. SR.
City Attorney
ATTEST:
LORRICOODY
Assistant Secretary
APPROVED AS TO FORM:
4,0104Z,04--�=�
ACIO RAMIREZ, SR.
General Counsel
• R-' KarenTiles ',CityCouncil\Atunicipal Developmcnt Dtstnct' Contracts ' 006', PurdusrnfiFTRPropertyPro jcetinterlocal.doc
Agreement for Fundins for the Purchase of 10.625 Acres. Page 5
L1114/'1.006 TUE 11:21 F.AA 21475c42IU COMMUNITIES FUND OF TEX
n(B131 "a.,
Being 10.625 acres of land is t-�4 carmy Whit_ng Sure -y, A):sttact No. 843,
itv of Bayr-un, 5purris County, :'exas, ersi being a port; on of 7:1-.at ?2.53 acre
t_-act d. ,L2er -Second Tract" iZ a Deed re=rded under Parris County
Clerk's Fitz No. E- 257751, said 10.625 acre tract being ►mre particularly
des: rimed by metes and bzunds as follows:
CCt,PMXMZ at a 1/2" ="ca rod !curd in the SOut:- westerly 1?z�e of 'nest ':eras
Avenue, at the most east_rly Northeast corner of said 12.53 acre tract, a--.,d at
t�, e Norr ~`^per, m_raer o*- a 1.689 acre tract descri to in a Deed : ecorded unc'er
Earris Canty Clerk's File No. E- 209218;
North 68 deg. 41' 00" `,lest, 255.00 feet along 1:`* Southwesterly line of
i, est TPt.3s ;venue, along the Northerly l .ne of said 12.53 acre t -.act,• and
along the northerly line cf said 1.689 acre tract to a crass foti3 cut in
cor=ete at t� Iwrchmst corner of said 1.689 acre pact, and at the mos`,
northerly Northeast corner and POINT OF HEGDVZG of the herein described
-
a T.Tr_NCH Scuth 21 deg. 19' 00" West, 156.42 feet, al=g the Westerly li-n-a of
'K sa .d 1.689 acre tract to a 5/8" iron rod set for corner;..
r� South 63 deg. 17' 19" West, at 132.47 feet found a cross cat in
corc_rete at the nest Northerly corner" of the '^att's Cafeteria tract and a
4i corr_er of said 12.53 acre tract and contiraLi g South 63 deg. 27' 19" West,
along the tiortvestarly line of the said Wyatt's Cafeteria Tract and along a
Southeasterly line of the said 12.53 acre tract for a total di.-ac of 342.67
feet to a 1/2' iron r---d found at the Woos, Westerly corner of the said W-vatt's
i Cafeteria Tract:. and at a corner of the said 12.53 acre tract;
south 26 deg. 50' 36" Fast, 274.81 feet along the southwes;.e=1y line of
the said 'rlyatt's Cafeteria Tract and along a Northeasterly li--e of the said
L2,53 acre tract to a 1/2" iron rod found at the anst northerly corner of the
,Barra Franca Is Tract and at a - corner of the said 12.53 acre tract;
T-&*%M South 63 deg. 15' 00" West, 150.00 feet along the Nortisaesterly line of
t1he same Mama Franca's Tract and along a Southeasterly line of the said 12.53
acre tract to a 5/8" iron rod set at the most Westerly corner of the said Mama
Franca's Tract and at a corner of the said 12.53 acre tract;
TMICE South 26 deg. 45' 00" Fast, 50.00 feet along the Southwesterly line of
the said Mama Franca's Tract and along a Northeasterly line of the said 12.53
acre tract to a 5/8' iron rcd set at the most Norther-ly corner of the
Mionterrey House rzact•and at a come-- of the said 12.53 acre tract;
THENCE Scuth 63 deg. 02' 05" West, along the Northwesterly line of the said
Monte_rre_v Eoc tact and along a Souttseaste-rly line ci said 12.53 acre trac -,
at 15.06 feet begin crossing the wester in a branch of Goose Creek, at 55.84
'eet leave said water arri at a total distance of 195.16 feet a 5/8" iron rod
set at the most Westerly corner of the said Monterrey HtnLse Tact and at a
come= of the said 12.53 acre tract;
THENCE North 26 deg, 45' 00" Wes-, 25.00 feet along ,he Northeasterly line of
•
the service Center.of Baytown, Inc., tract and along a Southwesterly line of
CcntinL:ed or next page
:M004
01
tl: 14:0000 iLr. 11:_- rAJ - 44( 36t._v ��•`•.• rvL.•v ,,r *JUUj
CmnIz_ 2ICN OF m5n:s T
the said 12.53 acre tract of a 5/8" iron rcd set at the =st Ncmherly corner
iof the said Service Center of Baytown, Inc., trac- and at a comer of the said
12.53 acre tract;
?EF -Na- South 63 deg. 15' 00" Pest, 128.53 feet along the Nor_- ,,zrly line of
said Service Center of Bayt --wn, inc., tract and. along a Southeasterly lice of
the said 12.53 acre t_-act to a 3/8" iron rod set at the Tcst ,mssz e_- v corne_-
of the said Serr_ce Canter cf Baytown, Inc. tract and at the zest Sc�therly
cor^.e± of t:� aair. 12.53 acre tract and of the herein, descry rs.ct, said
iron -oc is iz t' a cimte+ line of a 20 foot wide Elmble Pipe Item c=V ny
ea emeant and in ;.:.e Northeasterly lire of the Daniel Pe_1 rs 0.19 acre tract,
said L=n and being North 47 deg. 58' 00" West, 134.09 feet alcrg t ^.e said
centerline from a 1/2" iron fcurxi in the Northwesterly line of :"arket Street
Rcad;
TERXE North 47 deg. 53' 00" West, along the said centerline, along the
Northeasteriv line of said 0.19 acre tract, and along a Southwes`,.erly line of
the said 1_:.53 acre tray -t, at 9.71 feet pass the most Nomherll corner of said
0.19 acre tract and ccntinui--%g North 47 der,. 58' 00' nest, along t:" said
centerline and the -sa. d 5out1wasterly li_•:e, at 94.34 feet begin o»ossing the
wa-„er in Goose Creek and at a total distance of 228.17 feet to a point
( :order water) on the Faster lv bank of Goose Creek as descri bed in sa? d Ceed of
r
the 12.53 acre tact,
�w
;`. THti'`?CE amtream as described in said Dpi of the 12.53 acre tract, along th_
Fasterly hank (underwater) of Goose Creek and along the Westerly boundary of
;y the said !-).53 acre tract as follows:
North 73 deg. 39' 00" East, 91.66 feet to a point;
52 deg. 08' 09" East, 182.09 feet to a point;
Norr.a 17 deg. 16' 07" East, 165.60 feet tr a coin =:
North 26 deg. 44' 41" West, 99.52 feet to a point;
'C `crth 46 deg. 48' 26" West, 151.79 feet to a point;
I Sort's 81 der,. 58' 09" West, 259.53 feet to a =int;
u± North 58 deg. 50' 59" Pest, 165.49 feet to a point;
Korth 17 derv. 00' 48" West, 89.10'feet to a point;
North 12 deg. 29' 27" West, 109.25 feet to a point;
North 16 deg. 57' 47" EA__, 90.20 feet to a point in the Sou_hwest -_rly line of
West Texas Avenue and at the most northerly Northwest corner of. the said 12.53
acre tract and of the herein described tract;
=CE Southeasterly, along the Southwesterly line of West Texas Avenue and
along the Northeasterly line of the said 12.53 acre tract as follows:
Scan 57 deg. 29' 00" East, at 48.73 feet leave the Mater of Goose Creek and
at a total distance of 102.38 feet a 5/8" iron rod set at t,4 ccint of
curvature of a auve to the left;
549.02 feet along the arc of said curve to the left having a radius of 746.30
feet a central angle of 42 deg. 09' 00" and a chord which bea-s South 78 deg.
33' 30" Fast, for 536.72 feet to a 5/8" iron rod set at the point of tangency
of said curve;
North 80 deg. 22' 00" East, 9.36 feet to a 5/8" iron rod set at the point of
curvature of a curve to the right;
327.73 feet along t!-.e arc of said curve to the -right having a radius of 606.70 -
feet, a central angle of 30 den. 57' 00 ". and a chord which hPArc Crnii'h A4
•
11/14/2008 TUE 11:23 FAA 2137504210 COHMUNITiES FWAD OF TEL IzuOd
deg. 09' 30" ?Art, for 223.76 feet to a 5 /B" iron rod set at the
tangency of said curve;
Soutll 68 deg. 41' 00" East, 135.12 Feet to t-he POLn of mr.D IV6 and
ontair ng 10.625 acres of lard.
I
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f+l frulE PRr;EKT AT IME TIMEUE 44109W
tots fllE: mo RECADM
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i FILE FOR RECORD
8:00 AM
N JUL 19 2002
County Clark, Hanis County, Taxaa
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•
AGREEMENT FOR FUNDING FOR
10.625 ACRES ADJACENT TO GOOSE CREEK STREAM
AND WEST TEXAS AVENUE
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for Funding for the purchase of 10.625 Acres adjacent to Goose Creek
Stream and West Texas Avenue (the "Agreement") is made as of the (� day of December,
2006, by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and
Chambers Counties, Texas, (the "City") and the BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the
"Act") and located in Harris and Chambers Counties, Texas, (the "District"). For and in
consideration of the mutual covenants herein contained, it is agreed as follows:
Section 1. Representations and Warranties.of District.
a) The District is engaged in an on-going effort to provide new resources to plan,
acquire, establish, develop, construct and/or renovate one or more development
projects beneficial to the District, which includes the incorporated limits of the
City lying within Harris County.
b) The District covenants that it shall actively work to productively coordinate its
activities with the City in an effort to reduce duplication of services.
c) The District represents and warrants that it has been properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
Section 2. Description of Program.
The City, with the assistance of the District as herein specified, agrees to purchase a
10.625-acre tract of land from CFTR-12, Inc. (the "Project") for development as a future park.
Such property is located adjacent to Goose Creek Stream and West Texas Avenue and is more
particularly described in Exhibit "A," which is attached hereto and incorporated herein for all
intents and purposes.
Section 3. Reports.
The City shall prepare and submit to the District within 120 days after the end of each
fiscal year during the term of this Agreement a verbal or brief written report describing the
services performed by the City pursuant to this contract during the previous year along with a
summary of expenditures for the previous fiscal year.
Section 4. Approvals.
The District understands, hereby directs and authorizes the City to make any Project
clarifications and/or modifications as may be necessary as determined by the City in its sole
discretion.
Agreement for Funding.for the Purchase of 10.625 Acres,Page 1
Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance of this
Agreement, the District shall tender funds to the City in an amount not to exceed THIRTY
THOUSAND AND NO/100 DOLLARS ($30,000.00). All payments required to be made herein
shall be payable on or before 30 days after the District receives an invoice therefor from the City.
Section 6. Term.
This Agreement shall be effective from and after December 14, 2006, and ending 30 days
after final completion and acceptance of the Project by the City, unless sooner terminated by
either party hereto pursuant to the terms hereof.
Section 7. Termination for Cause.
A party may terminate its performance under this contract only upon default by the other
party. Default by a party shall occur if the party fails to perform or observe any of the terms and
conditions of this Agreement required to be performed or observed by that party. Should such a
default occur, the party against whom the default has occurred shall have the right to terminate
all or part of its obligations under this contract as of the 30th day following the receipt by the
defaulting party of a notice describing such default and intended termination, provided: (1) such
termination shall be ineffective if within said 30-day period the defaulting party cures or has
commenced the cure of the default, or (2) such termination may be stayed, at the sole option of
the party against whom the default has occurred, pending cure of the default.
Upon the termination of this Agreement, both parties shall be relieved of their respective
obligations herein stated. This Agreement shall not be subject to termination for convenience.
Section 8. Force Majeure.
Any prevention, delay, nonperformance, or stoppage due to any of the following causes
shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or
stoppage, except the obligations imposed by this Agreement for the payment of funds allocated
for the District's programs. The causes referred to above are strikes, lockouts, labor disputes,
failure of power, acts of God, acts of public enemies of this State or of the United States, riots,
insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for
either, governmental restrictions or regulations or controls, casualties or other causes beyond the
reasonable control of the party obligated to perform.
Section 9. Refund and Payment upon Termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured
default by the City, the City hereby agrees to refund all unexpended, unappropriated monies
previously paid by the District to the City pursuant to this Agreement. If at the time of
termination the District owes the City monies, the District shall remit to the City the appropriate
amount computed as of the effective date of the termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured
default by the District, the District hereby agrees to pay the total amount committed in Section 5
hereof on or before the effective date of the termination.
Agreement for Funding for the Purchase of 10.625 Acres,Page 2
Section 10. Parties in Interest.
This contract shall bind and benefit the City and the District and shall not bestow any
rights upon any third parties.
Section 11. Non-waiver.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce, by an
appropriate remedy, strict compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or failure of performance.
Section 12. Compliance with Applicable Laws.
The parties hereto shall comply with all rules, regulations, and laws of the United States
of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown
as they now exist or may hereafter be enacted or amended.
Section 13. Choice of Law; Venue.
This contract is subject to and shall be construed in accordance with the laws of the State
of Texas, the laws of the federal government of the United States of America and all rules and
regulations of any regulatory body or officer having jurisdiction. This contract is performable in
Harris County, Texas.
Section 14. Notices.
All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle with proper postage affixed (certified mail, return
receipt requested) addressed to the respective other party at the address described below or at
such other address as the receiving party may have theretofore prescribed by notice to the
sending party:
District
Baytown Municipal Development District
Attn: President, Board of Directors
P.O. Box 424
Baytown, Texas 77522-0424
Fax: (281) 420-6586
City
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522-0424
Fax: (281) 420-6586
Agreement for Funding for the Purchase of 10.625 Acres,Page 3
Section 15. Audits.
The City and the District may, at any reasonable time, conduct or cause to be conducted
an audit of the other parties' records and financial transactions. The cost of said audit will be
borne by the entity requesting the audit. The City and the District shall make available all of its
records in support of the audit.
Section 16. Ambiguities.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
Section 17. Captions.
The captions of the sections and subsections, if any, of this Agreement are for
convenience and ease of reference only and do not define, limit, augment or describe the scope,
content or intent of this Agreement or of any part or parts of this Agreement.
Section 18. Entire Agreement.
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. Any oral
representations or modifications concerning this instrument are of no force or effect excepting a
subsequent modification in writing signed by all the parties hereto.
Section 19. Assignment or Transfer of Rights or Obligations.
The City shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without prior written consent of the District.
Section 20. Severability.
All parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which
shall continue in full force and effect.
Section 21. Authority.
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF, the parties have made and executed this contract in multiple
copies, each of which shall be an original.
CITY OF BAYTOWN BAYTO MUNICIPAL
DEVE PMENT DISTRICT
GARY JA { ON STEPHEN H. DONCARLOS
City Mana er President
Agreement for Funding for the Purchase of 10.625 Acres,Page 4
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i� tie
LORRI OOD LORRI COODY
C eyk' Assistant Secretary
APPROVED AS TO ORM: APPROVED AS TO FORM:
ACID RAMIREZ, ACID RAMIREZ, SR
City Attorney General Counsel
R:\Karen\Files\City Council\Municipal Development District\Contracts 2006\PurchaseottFTRPropertyProjectlnterlocal.doc
Agreement for Funding for the Purchase of 10.625 Acres,Page 5 .
11/14/2006 TUE 11:21 IAA 214730421u COH:dL:.\ITLES FOOD OF TEl ;430o4
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Being 10.625 acres of land in the Harvey Whiting Survey, Abstract No. 840, (2)
City of Baytown, Harris County, Terns, and being a portion of that 12.53 acre
tract 0 --i:ed under 'Second Tract" in a Deed recorded under Farris County
Clerk's File No. E-257751, said 10.625 acre tract being more particularly
described by metes and bounds as follows:
OOMMENCLNG at a 1/2" iron rod found in the Southwesterly lire of West Texas
Avenue, at the most easterly Northeast corner of said 12.53 acre tract, and at
"le Nor""Pgat corner of a 1.5589 acre tract described in a Deed recorded under
Harris County Clerk's File No. E-209218;
North 68 deg. 41' 00" West, 255.00 feet along the Southwesterly line of
West Texas Avenue, along the Northerly line_of said 12.53 acre tract,' and
along the Northerly line of said 1.689 acre tract to a cross found cut in
concrete at the Northarest. corner of said 1.589 acre tr act, and at the most
northerly Northeast corner and POINT OF BEGINNING of the herein described
tract;
THENCE South 21 deg. 19' 00" West, 156.42 feet, along the Westerly line of
sA y 1.689 acre tract to a 5/8" iron rod set for corner;.
ataNCE South 63 deg. 17' 19•' West, at 132.47 feet found a cross cut in
concrete at the most Northerly corner of the Watt's Cafeteria tract and a
Y,, corner of said 12.53 acre tract and continuing South 63 deg. 17' 19" West,
along the Northwesterly line of the said Wyatt's Cafeteria Tract and along a
Southeasterly Line of the said 12.53 acre tract for a total distance of 342.67
feet to a 1/2" iron rod found at the most Westerly corner of the said Wyatt's
i.� Cafeteria Tract and at a corner of the said 12.53 acre tract;
TIC: South 26 deg. 50' 36" East, 274.81 feet along the southwesterly line of
the said Wyatt's Cafeteria Tract and along a Northeasterly line of the said
12.53 acre tract to a 1/2" iron rod found at the must Northerly corner of the
mama Franca's Tract and at a.corner of the said 12.53 acre tract;
THENCE South 63 deg. 15' 00" Nest, 150.00 feet along the Northwesterly line of
the same Mama Franca's Tract and along a Southeasterly line of the said 12.53
acre tract to a 5/3" iron rod set at the most Westerly corner of the said Mama
Franca's Tract and at a corner of the said 12.53 acre tract; •
sttNCE South 26 deg. 45' 00" East, 50.00 feet along the Southwesterly line of
the said Mama Franca's Tract and along a Northeasterly line of the said 12.53
acre tract to a 5/8" iron rod set at the acst Northerly corner of the
Monterrey Sousa Tract•and at a corner of the said 12.53 acre tract;
THENCE South 63 deg. 02' 05" West, along the Northwesterly line of the said
Monterrey House tract and along a Southeasterly line cf said 12.53 acre tract,
at 15.06 feet begin crossing the water in a branch of Goose Creek, at 55.84 •
feet leave said water and at a total distance of 195.16 feet a 5/8" iron rod
set at the most Westerly corner of the said Monterrey House Tract and at a
corner of the said 12.53 acre tract; •
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THENCE North 26 deg. 45' 00" Best, 25.00 feet along the Northeasterly line of
the Service Center,of Baytown, Inc., tract and along a Southwesterly line of
Continued cc next page
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CO&TINOATIa' OF EXHIBIT
the said 12.53 acre tract of a 5/8" iron rod set at the most Northerly corner
of the said Service Center of Baytown, Inc., tract and at a corner of the said
12.53 acre tract;
TEEN= South 63 deg. 15' 00" West, 128.53 feet along the Northwesterly line of
said Service Center of Baytown, inc., tract and. along a Southeasterly line of
the said 12.43 acre tract to a 3/8" iron rod set at the most Westerly corner
of the said Service Center of Baytown, Inc. tract and at the most Southerly
corner of the said 12.53 acre tract and of the herein described tract, said
iron rod is in the centerline of a 20 foot wide Bumble Pipe I,:ne Company
eq-ii-•�nt and in the Northeasterly line of the Daniel Perkins 0.19 acre tract,
said iron rod being North 47 deg. 58' 00" West, 134.09 feet along the said
centerline fran a 1/2" iron found in the Northwesterly line of Market Street
TSEECE North 47 deg. 58' 00" West, along the said centerline, along the
Northeasterly line of said 0.19 acre tract, and along a Southwesterly line of
the said 12.53 acre tract, at 9.71 feet pass the most Northerly corner of said
0.19 acre tract and continuing North 47 deg. 58' CO" West, along the said
centerline and the said Southwesterly line, at 94.34 feet begin crossing the
water in Goose Creek and at a total distance of 228.17 feet to a point
(underwater) on the Easterly bank of Goose Creek as described in said Deed of
the 12.53 acre tract;
" TEENCE upstream as described in said Deed of the 12.53 acre tract, along the
• Easterly hank (underwater) of Goose Creek and along the Westerly boundary of
• the said 12.53 acre tract as follows:
•
North 73 deg. 39' 00" East, 91.66 feet to a mint;
North 52 deg. 08' 09" East, 182.09 feet to anoint;
• North 17 deg. 16' 07" East, 165.60 feet to a point;
North 26 deg. 44' 41" West, 99.52 feet to a point;
• North 46 deg. 48' 26" West, 151.79 feet to a point;
v North 81 deg. 58' 09" West, 259.55 feet to a mint;
North 58 deg. 50' 59" West, 165.49 feet to a point;
North 17 deg. 00' 48" West, 89.10 feet to a point;
North 12 deg. 28' 27" West, 109.25 feet to a point;
North 16 deg. 57' 47' East, 90.20 feet to a point in the Southwesterly line of
West Texas Avenue and at the most northerly Northwest corner of the said 12.53 •
acre tract and of the herein cPs+cribed tract;
TE NCE Southeasterly, along the Southwesterly line of West Texas Avenue and
along the Northeasterly line of the said 12.53 acre tract as follows:
SCCTS 57 *deg. 29' 00" East, at 48.73 feet leave the water of Goose Creek and
at a total distance of 102.38 feet a 5/8" iron rod set at the point cf
curvature of a curve to the left;
549.02 feet along the arc of said curve to the left having a radius of 746.30 .
feet a central angle of 42 deg. 09' 00" and a chord which bears South 78 deg.
33' 30" East, for 536.72 feet to a 5/8" iron rod set at the point of tangency •
of said curve;
•
North 80 deg. 22' 00" East, 9.36 feet to a 5/8" iron rod set at the point cf
curvature of a curve to the right;
327.73 feet along the arc of said curve to the.right having a radius of 606.70
feet, a central angle of 30 dec. 57' 00". and a chord which bears S-,nth R.
• 11/14/2008 TUE 11:23 FAX 2147504210 COHMUNITiES FOUND OF 7E1 Iajode
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deg. U9' 30" East, for 323.76 feet to a 5/8" iron rod set at the vino of
tangency of said curve;
Scut: 68 deg. 41' 00" East, 135.12 feet to the POINT of BEGL'117G arxi
containing 10.625 acres of land.
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JUL 19 2002
County CIerc,Harris County,Texas
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