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Ordinance No. 11,652ORDINANCENO. 11,652 AN ORDINANCE OFTHE CITY COUNCIL OFTIJI,'C' ' ITY 01' BAY OWN, TEXAS, AUTHORIZING A Rl"NEWAL OF' H E AORFEMENT l"OR EMERGf.'NCY PROTECTION SI"-"I'ZVICI',S WITH CHAMBERS COUNTY IMI"I' OVEMENI'DIS'I'IZI("I'NCB. 1; AND PROVIDING F'ORTIIE I'll 'Fl"CTI V F' DATE THEREOF. BE ITORDAINED CITY COUNCIL 01"I'l IE' CI'I'N'01,'IIAY'I'OWN,'I't,"XAS: Section 1: That the ity Council offlic City cal' Baytown,'Fexas, hcrebN mi(horizes the City Niallagertoexecuteand the Cit y Clerk lerk to attest to a Renewal of th Agreern e n I for F-i i iergc ncy Protection Services with Chambers Courity Iniprovernent District No. 1. A copy of said renewal is attached hereto, niarked FAhibit "A" and made a part hereoHlorall intents and purposes. Section 2: This ordinance sharp take effect imnic(liately froill and after its passage by tile City Counci I of' the City of Bayw%vrl. INTRODUCED, RL, A D. and PASSED by the affirmative vcatL f the City Council of the City offlaytown this the 26th d ay0 211. aN of May M APPROVED AS TO FORM: e]NACIO RAMIREIZ. SR. (91 ty Attorney S"i"FIJA-11 l;qll—DONCAI�t.OS, Mayor R I IAtm, 26CODO I RenoAaMpeemoll doc Exhibit "A" RENEWAL OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES STATE OF TEXAS COUNTY OF HARRIS THIS RENEWAL AGREEMENT is made, entered into and effective as of the la day of August, 2011, by and between the CITY OF BAYTOWN, Texas, a municipal corporation located in Harris County and Chambers County, Texas (the "CITY"), and Chambers County Improvement District No. 1, (the "DISTRICT'), having a territory and facilities in Chambers County, Texas. WHEREAS, the CITY and the DISTRICT entered into the Agreement for Emergency Protection Services effective August 1, 2005, under which the CITY provided fire fighting support and backup protection to the DISTRICT's territory and facilities therein (the "Agreement"); and WHEREAS the Agreement has a term of six (6) years, which term expires on July 30, 2011; and WHEREAS, Section 7 of the Agreement provides that the Agreement may be renewed for an additional four -year term upon agreement of the parties; and WHEREAS, the CITY and the DISTRICT desire to renew the Agreement for an additional four years; NOW THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, the CITY and the DISTRICT agree as follows: 1. That pursuant to Section 7 of the Agreement, the DISTRICT and the CITY hereby agree to renew the Agreement for Emergency Protection Services, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for an additional four -year term. 2. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and persons performing emergency services for fire, chemical and medical emergencies at the Territory. 3. In the event of any ambiguity in any of the terms of this Renewal Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 4. This Renewal Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas. 5. This Renewal Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow any rights upon any third parties. 6. This Renewal 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. This Agreement shall not be amended or modified without the express written consent of both parties hereto. Renewal Agreement, Page I 7. The officers executing this Renewal Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Renewal Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have executed this Renewal Agreement as of the date first set forth above 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. stn p f o ve jo ATTEST: Signattfre Printed Name .S SC a Title ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney CHAMBERS COUNTY IMPROVE 0.1 Authorized Agent's Signature &ee4e 1"&- -7;/-- Authorized Ag6nt's Printed Name l"res:b�evt Authorized Agent's Title CITY OF BAYTOWN ROBERT D. LEIPER City Manager R.%kan:WtlptConjuWFee Ftaeoion Agret=m%0ambers County Inpowm ni DitriR No PRENEWALOF THE AGREEMEW FOR EMERGENCY PROTECTION SERV10ESdoa Renewal Agreement, Page 2 • • a RENEWAL OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES STATE OF TEXAS § COUNTY OF HARRIS § THIS RENEWAL AGREEMENT is made, entered into and effective as of the 1 St day of August, 2011, by and between the CITY OF BAYTOWN, Texas, a municipal corporation located in Han-is County and Chambers County, Texas (the "CITY"), and Chambers County Improvement District No. 1, (the"DISTRICT"),having a territory and facilities in Chambers County,Texas. WHEREAS,the CITY and the DISTRICT entered into the Agreement for Emergency Protection Services effective August 1, 2005, under which the CITY provided fire fighting support and backup protection to the DISTRICT's territory and facilities therein(the"Agreement");and WHEREAS the Agreement has a term of six(6)years,which term expires.on July 30,2011;and WHEREAS, Section 7 of the Agreement provides that the Agreement may be renewed for an additional four-year term upon agreement of the parties;and WHEREAS, the CITY and the DISTRICT desire to renew the Agreement for an additional four years; NOW THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained,the CITY and the DISTRICT agree as follows: 1. That pursuant to Section 7 of the Agreement,the DISTRICT and the CITY hereby agree to renew the Agreement for Emergency Protection Services, which is attached hereto as Exhibit "A" and incorporated herein for all intents and.purposes,for an additional four-year term. 2. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and persons performing emergency services for fire, chemical and medical emergencies at the Territory. 3. In the event of any ambiguity.in any of the terms of this Renewal Agreement, it shall not be construed for orr against any party hereto on the basis that such party did or did not author the same. 4. This Renewal Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. 5. This Renewal Agreement shall bind and benefit the CITY and the DISTRICT and shall not. bestow any rights upon any third parties. 6. This Renewal 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. This Agreement shall not be amended or modified without the express written consent of both parties hereto. • Renewal Agreement,Page 1 i i '• ' t I S • 7. The officers executing this Renewal Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Renewal Agreement and to bind the party he/she represents. IN WITNESS WHEREOF,the parties have executed this Renewal Agreement as of the date first set forth above 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. CHAMBERS COUNTY \`®®11 o i t t pri�� IMPROVE NO. 1 ���` 1 vmpfoVeiiis6. �� y e° °°o• Authorized Agent's Signature tn5. °° S .`o Authorized Agent's Printed Name Wes:VeN74- ,:::,s,!FA',/sattis►`o�`eN`*�®`\` Authorized Agent's Title ATTEST: • c Signat re. - 4-SC-AtS \A&ram Printed Name S Ecel,SzcJam Title CITY OF BAYTOWN • OBERT D.LEIPER inf OP 0:4.4 City Manager A AL'''. . -*^ °i Art r 44,4p iiiililA---;-: A If:Pi L IC RYgCH- • City Cler`I �� .. ,. S APPROVED AS TO FORM: • ACID RAMIREZ,SR. City Attorney R:\Icaren\Files\Contracts\Fire Protection Agreement\Chambers County Improvement District No.I\RENEWAL OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES.docx Renewal Agreement,Page 2