Ordinance No. 11,637ORDINi%N(Ill M.). 11,637
AN ORDINANCE OF TI IF CITY COUINCIL Of-TI IECITY 01`13AYTOWN,TEXAS,
AUTHORIZING AND IARECTING THI-',' CITY MANAGF'R, TO EXECUTE "1'°I' l:
I,'JRST AMENDMENT TO THL CIIAPTf-R 380 ECONOMIC DEVEILOPNIE'NT
El,K 11-1 1, LLC ("GCII-11"); AND
AGREENff NT AND LL'ASI NVI TI GOOSE CR
PROVIDING [-'OR I-JTT'ICTIVFI DATLITI IL-IM"OF,
13F IT OR DAIN ED BY TH F'UTY (70UNC It, oF—ri I I : ci,n, OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City ofBaytown, Texas, hereby authmizes and
directs the City Manager to exec le the I-irst Amendment to the Chaplcr 380 Economic Develolinient
Agreement and I ease with Goose Cli-eck 11-1 1, LLC. A copy ol'the amendment is attached hereto, marked
I"Ahibit "A," and made as part hereof fear all intents and purposes.
Section 2.- This ordinance shall take effect immediately fi-oin and after its passage by the
City Council ofthe City of Baytown.
INTR0Dt.JCI.--'D, READ, and PASSED by the affirmative Wille Cilv council ofthe City of,
Baytown, this the 12'a'dav ofMay, 2011,
S� �11 -I —UN, 14)) 0 ARLOS, NI
M " I'E S4,'i"
*V
BIR" SCH, City 00k
1 C',
APPROVI.-I'D AS1`0 FORM:
N A- I'i —A M" I I k f"' �Z�,S �R.X i t�y I ar'a
H b, " , A rcn i a CS C44 ( vmw I G ('4,1111anco 20t I Nttiv I Y q a A � Re nd. tww I � iCH@ I Ovwk I rmcmg A ,uvmcnl do�.
Exhibit "A"
FIRST AMENDMENT
TO THE
CITY OF BAYTOWN / GOOSE CREEK 1H 1, LLC
CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT AND LEASE
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This First Amendment ( "First Amendment") to that certain "Chapter 380 Economic Development
Agreement and Lease" (the "Agreement") between GOOSE CREEK IH 1, LLC, a Texas limited liability
company ("GCIHI") and the CITY OF BAYTOWN, TEXAS, a home rule city and municipal
corporation, located in Harris and Chambers Counties, Texas ( "City"} is made by and between the same
parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the CITY and GCIHI entered into the Agreement having an effective date of
May 11, 2010; and
WHEREAS, the Agreement requires GCIHI to complete the Project and secure a certificate of
occupancy for the some on or before May 31, 2011; and
WHEREAS, due to reasons beyond the control of both parties, GCIH I will be unable to meet
such deadline; and
WHEREAS, the parties are agreeable to extend the deadline for final completion of the Project,
as defined in the Agreement, for 30 days; and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
1. 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.
2. Amendment. Article IV "GCIH I's Obligations," Section 4.01 "Commitment to Develop" of the
Agreement is hereby amended to read as follows:
4.01 Commitment to Develop.
a. GCIH 1 hereby agrees to develop the Project in conformance with all applicable
laws, rules and regulations of the City and any other governmental entity having
authority over the Project, so that, upon approval by the Chief Building Official
of the City, the Project fully satisfies the Codes of the City of Baytown, Texas,
including, but not limited to, the Code of Ordinances, Baytown, Texas; the
National Electrical Code; the International Plumbing Code; the International
Mechanical Code; the International Fire Code and the International Building
Code, as adopted by the City of Baytown, Texas, (collectively, the "Codes ") in
accordance with a scope of work approved by the City Manager detailing the
events and times of completion of each event:
Fast Amendment. Page 1
I . Building permit must be applied for within 30 calendar days of the
effective date of this agreement:
2. framing must be complete within ISO calendar days of securing
the building permit; and
3. The Project must be finally completed and GC1H1 must have
secured a certificate of occupancy for the Project on or before
June 30, 2011.
Prior to any construction activity on the Property, GCII-I l must submit to the City
properly scaled plans and specifications for written approval by the City's
Director of Engineering and the City Manager. The City must approve of the
plans and specifications in writing prior to GC114I performing construction
activities of any sort on the Property, such approval not to be unreasonably
withheld, conditioned or delayed.
b. Compliance with the Codes shall include, but not be limited to, performing
environmental cleanup of the Property, obtaining an asbestos survey, abating the
asbestos, if any, to the extent required by law. providing scaled construction
drawings; employing licensed professionals for those development activities
required to be made by a licensed professional pursuant to the Codes: providing a
structural investigation with recommendations provided by a licensed
professional engineer in the state; obtaining or causing to be obtained all required
permits pursuant to the Codes; obtaining and satisfying all required inspections:
and obtaining a certificate of occupancy for the Project by June 30, 2011.
C. By June 30, 2011, GCllll will invest at least $100,000.00 in the Project.
exclusive of lease payments, and shall provide to the City proof of the same in a
form that the City may require.
3. Entire Agreement. The provisions of this first 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 First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies.
each of which shale deemed to be an original, but all of which shall constitute but one and the same
amendment, this � ay of , 2011.
GOOSE CREE 11
By: .(�
I, LLC
CHRIS PRESLf.Y
Manager
First Amendment, Page 2
CITY OF BAYTOWN
By:
STATE OF TEXAS §
COUNTY OF HARRIS §
ROBERT D. LEIPER
City Manager
Before me on this day personally appeared Chris Presley, in his capacity as Manager of Goose
Creek IH 1, LLC, on behalf of such limited liability company, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that lie executed the same for the
purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this L day of May, 2011.
So =ALISHAMAYBRINSFIELD LD as oii
STATE OF TEXAS §
COUNTY OF HARRIS §
otary Public in and for the State of Texas
Before me on this day personally appeared Robert D. Lciper, City Manager of the CITY OF
BAYTOWN, on behalf of such Texas municipality, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
SUBSCRIBED AND SWORN before me this day of May, 2011.
Notary Public in and for the State of Texas
R- %- arenVileslContrncts%Preslcy 380 AgrccmentWirstAmcndment.docx
First Amendment, Page 3