Ordinance No. 14,728ORDINANCE NO. 14,728
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 SECOND
AMENDMENT TO THE SERVICES AGREEMENT WITH GENERAL
INDUSTRIAL POLYMERS, LLC, CONCERNING THE COMMERCIAL
DEVELOPMENT LOCATED AT 4735 DECKER DRIVE (5110 DECKER
DRIVE), HARRIS COUNTY, TEXAS; 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 to execute and the City Clerk to attest to the Second Amendment to
the Services Agreement with General Industrial Polymers, LLC, concerning the commercial
development located at 4735 Decker Drive (5110 Decker Drive), Harris County, Texas. A copy
of such amendment is attached hereto as 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 13"' day of May, 2021.
0/1
BRANDON CAPE TILL(5, Mayor
ATTEST: epYT0%1yH
�1 •• 4)
SN
ANGEL JACKSON, Interiffi z y sy
APPROVED AS TO FORM: '� r
KAREN L. HORNER, City Attorney
RAKaren Homer\DocumentsTiles City Council Ordinances\202 I Way 13 SecondAmendment2ServicesAgreementwithGeneralindustrialPolymers.doc
Exhibit "A"
SECOND AMENDMENT TO THE SERVICES
AGREEMENT
S 1 ATE E OF fFXAS
COUNTY OF HARRIS
'I his Second Amendment (the "Second Amendment") to the Services Agreement (the
"Agreement") is made and entered into by and bet\%een the CITY OF BAYTOWN, a municipal
corporation located in Flarris and Chambers Counties. Texas, (the "City") and General Industrial
Polymers, LLC, a Texas limited liability company (the "Company" ).
RECITALS
WHEREAS, the Company has commenced the construction of a commercial development on its
property located at 4735 Decker Drive (5 110 Decker Drive). Harris Count\. Fe\as, which property is
more particularly described in Exhibit "A;" which is attached hereto and incorporated herein for all intents
and purposes. (the "Project").. which is currently \�ithin the territory of the District and outside the
corporate limits of the City; and
W111'RI-'AS. on October 27, 2015, the Cith, the Connpany. the Ravto\\n Area \eater Authority
("BAWA"), and Harris Countv Freshwater Supple District No. 27 (the "District") entered into a Services
Agreement Mierein the Company committed to (i) building the Project in accordance with the building.
plumbing. mechanical and electrical codes adopted by the C:it\ and as amended in Chapter 18 of the Code
of Ordinances. Baytown. Texas: (ii) complying with the zoning regulations of the Cite, as if the propem
were zoned LI: and (iii) submitting plans and paying fees related to plan reviek+ and inspection services
for the Project and
WHEREAS. on October 2.. 2019. the City and the Company entered into the First Amendment
to the Agreement in order to vary some of the terms contained therein as it relates to the obligations
bet\\een the City and the Company (the "First Amendment"): and
WHEREAS, the Company has requested that the Agreement be amended again due to the
difficulty associated with providing the 85% masonr\ materials on the north elevation of the building. due
to the pipes and equipment associated \\ ith the operation and maintenance of the silos to be installed and
WHEREAS, the City is agreeable to the requested amendments pursuant to the terms and
conditions hereof; provided that the Company (i) provide additional landscaping along the Decker Drive
frontage to screen the laydokvn area and (ii) apply staining and/or sealer to the newly installed opaque
screening fence to preserve its aesthetic appeal and defer NN eathering of the fence.
NOW THF,REFORE, the City and the Company, in consideration of the mutual covenants.
agreements and benefits herein contained. do mutually agree as follo\%s:
I. Recitals. The recitals set forth above are incorporated herein by this reference.
2. Definitions. Unless a different rneaning clearl\ appears from the context, NNords and phrases as
used in this Second Amendment shall have the same meanings as in the First Amendment and the
Agreement.
Second Amendment to the Sera ices Agreement Vane I
Amendment.
a. Subsection (a) "Zoning Regulations," Section 1.01 "Project," Article 1 "Company's
Responsibilities" of the Agreement is hereby amended to read as follows:
1.
COMPANY'S RESPONSIBILITIES
1.01 Project. The Company hereby agrees to construct the Project in accordance with
all applicable Codes of the City, including, but not limited to, its building codes
and its zoning regulations.
a. Zoning Regulations. It is expressly agreed by all parties hereto that the
Company. throughout its ownership of the Project, shall construct,
maintain and operate the Project as if the same were in an U zoning
district for any development associated with the Project, with the
following amendments:
I . Building Setbacks. The front building setback shall be 100 feet.
2. Vegetative and Open Space Buffers. Tile vegetative buffer shall
be 50 feet, and a 6-foot opaque screen shall be installed interior
to such vegetated buffer. The vegetative buffer shall be planted
and laid out as depicted in Exhibit "D." which is attached hereto
and incorporated herein for all intents and purposes.
3. Landscaping. The Company shall install and maintain enhanced
landscaping along the Decker Drive frontage in order to screen
the laydown area. as depicted in Exhibit "D."
4. Fencing. Within thirty (30) days of the Effective Date of this
Second Amendment, the Company shall apply staining and/or
sealer to the newly installed opaque screening fence in order to
preserve its aesthetic appeal and defer weathering.
5. Masonr) Requirements. The facade of the building(s)
comprising the Project will be 100% masonry for the front and
southern elevations, and 0% masonry for the northern and the
rear elevations, as shown in Exhibit "D."
6. Building Height. The maximum building height for the
Project shall not exceed 60 feet, except for silos and
communication towers. which shall not exceed 80 feet.
It is expressly understood and agreed that (i) no permit required herein
shall be issued unless all applicable zoning regulations are satisfied and
(ii) the requirements herein shall run with the land and shall be binding
on the Company and all future owners of the property.
Second Amendment to the Ser%ices Agreement Page 2
Entire Agreement. The provisions of this Second Amendment and the First Amendment and the
Agreement and the documents referenced therein should be read together and construed as one
agreement provided that, in the event of any conflict or inconsistency between the provisions of
this Second Amendment and the provisions of the First Amendment and the Agreement and the
documents referenced therein, the provisions of this Second Amendment shall control.
Full Force and Effect: Conflict. Except as amended by this Second Amendment and the First
Amendment, the Agreement, as modified, remains in full force and effect and is hereby
ratified by the Parties.
Interpretation. This Second Amendment has been jointly negotiated by the Parties hereunder and
shall not be construed against a party hereunder because that party may have assumed primary
responsibility for the drafting of this Second Amendment.
Captions. Captions contained in this Second Amendment are for reference only and, therefore,
have no effect in construing the document. The captions are not restrictive of the subject matter
of any section.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment 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, on the _ day of 202I, the date of execution by the City
Manager of the City of Baytown.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
ANGELA JACKSON, Interim City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
Second Amendment to the Services Agreement Page 3
COMPANY: GENERAL INDUSTRIAL
POLYMERS. LLC
S'1 re
--�1 Q6 NEST •---
Printed Name
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before me. 'ReL4 ncLkJo —�pct.fV the undersigned notary public, on this day personally
appeared 11 LU�G�� l Gv,e�e the t'0.i E r < of General Industrial Polymers,
LLC on behalf of such limited liability company
known to me:
proved to me on the oath of ; or
proved to me through his/her current \ r L V e/-
{description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person }
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this -A
yp/i� REYNALDO BARRERA• III
,``•r%y P& ''
M.,Notary Public, State of Texas
Comm. Expires 08-22-2023
Notary ID 128050770
day of M 6-4 .2021.
Notary Publi in and for the State of Texas
My commission expires: 0c� z2 Z 3
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Second Amendment to the Services Agreement Page 4
- Exhibit "D"
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'= jI = _ GENERAL POLYMER SERVICES, LLC 3E =
5110 DECKER DRIVE
BAYTOWN TEXAS 77521
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PROPOSED ZONING & LANDSCAPING PLAN