Ordinance No. 14,486ORDINANCE NO. 14,486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST
AMENDMENT TO THE TEMPORARY USE DEVELOPMENT AGREEMENT
WITH EXXONMOBIL CORPORATION FOR USE OF A PROPERTY
LOCATED AT 5903 BAYWAY DRIVE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
*****************************************************************************
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
and directs the City Manager and City Clerk of the City of Baytown to execute and attest to the
First Amendment to the Temporary Use Development Agreement with ExxonMobil Corporation
for use of a property located at 5903 Bayway Drive. A copy of said amendment is attached
hereto, marked 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 10`h day of September,
106
NDON CAPETI L ayor
APPROVED AS TO FORM:
EN L. HORNER, Interim City Attorney
SOTOW,y
2
OF',
R: Karen Homer Documents Files City Council Ordinances 2020 September 10 ExxonMobilFirst Amendment to the Temporary Use Development Agreement
Exhibit "A"
FIRST AMENDMENT
TO
THE TEMPORARY USE DEVELOPMENT AGREEMENT
STATE OF HARRIS
COUNTY OF HARRIS
This First Amendment to the Temporary Use Development Agreement (this "First
Amendment"), dated September , 2020, amends the Temporary Use Development Agreement
(the "Agreement"), dated November 21, 2019, between the CITY OF BAYTOWN, a municipal
corporation located in Harris and Chambers Counties, Texas (the "City") and EXXON MOBIL
CORPORATION, a New Jersey corporation ("ExxonMobil"). The City and ExxonMobil are
jointly referred to herein as "the Parties."
RECITALS:
WHEREAS, the City and ExxonMobil entered into the Agreement on November 21, 2019,
which, among other things, allowed ExxonMobil and/or its contractors and subcontractors to
construct improvements ("Improvements"), as more particularly described in the Agreement, and
use property owned by KM Holdings LP (the "Owner") and located at 5903 Bayway Drive (the
"Property"), as more particularly described in the Agreement; and
WHEREAS, the Parties for their mutual benefit now wish to modify the terms of the
Agreement to allow for certain of the Improvements to remain on the Property and not be required
to be removed and restored as part of the restoration and removal activities ("Restoration
Activities"), as more particularly described in the Agreement;
NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to
both Parties, it is agreed as follows:
Section 1: All terms defined in the Agreement shall have the same meaning in this
First Amendment, unless altered by this First Amendment.
Section 2: This First Amendment is effective as of the date first appearing above
("First Amendment Effective Date").
Section 3: Section 1.05.4 of the Agreement is deleted in its entirety and replaced with
the following:
1.05.4 Prior to the expiration of the Term, the Property shall be repaired and
restored to its natural state and in as good or better condition than it was in
prior to the execution of this Agreement, except:
a. the following Improvements may remain:
First Amendment to the Temporary Use Development Agreement, Page 1
1. the crushed concrete and
2. the black vinyl fence,
as depicted in Exhibit "A", which is attached hereto and
incorporated herein for all intents and purposes; and
b. arterial streetscape must be provided in accordance with Section 18-
1206 of the Code of Ordinances, Baytown, Texas
Such restoration and removal activities are herein referred to collectively as
"Restoration Activities."
Section 4: Except as modified by this First Amendment, all terms of the Agreement
remain in full force.
IN WITNESS WHEREOF, the undersigned ExxonMobil and City hereto execute this First
Amendment to be effective on the First Amendment Effective Date.
EXXON MOBIL CORPORATION
(Signature)
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
CITY OF BAYTOWN, TEXAS
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
R \Karen Homer DocumentsWiles Contracts ExxonMobll Temporary Use Development Agre rnent\FIRST AMENDMENT TO TEMPORARY USE DEVELOPMENT AGREEMENT.docx
First Amendment to the Temporary Use Development Agreement, Page 2
c
� %� \ «
� | � � /,,
\---� --�—�
i