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Ordinance No. 15,056ORDINANCE NO. 15,056 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 A SERVICES AGREEMENT WITH PORT 10 LOGISTICS, LLC, CONCERNING APPROXIMATELY 18.95 ACRES OF PRIVATELY-OWNED LAND SITUATED IN THE WILLIAM HILBUS SURVEY, ABSTRACT NO. 336, HARRIS COUNTY, TEXAS, LOCATED GENERALLY SOUTH OF INTERSTATE 10 AND EAST OF THOMPSON ROAD;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 a Services Agreement with Port 10 Logistics,LLC, concerning approximately 18.95 acres of privately-owned land situated in the William Hilbus Survey, Abstract No. 336, Harris County, Texas, located generally south of Interstate 10 and east of Thompson Road. A copy of said agreement 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 241h day of March, 2022. BRANDON CAPETILL , Mayor ATTEST:OF gPYTOWV 000 ANGELA JACKSON, r o P OF APPROVED AS TO FORM: t TREVOR FANNING, Interim City Attorney R:Karen Anderson ORDINANCES 20222022.03.24 ServicesAreement-PortlOLogistics.docx EXHIBIT "A" Services Agreement STATE OF TEXAS COUNTY OF HARRIS WHEREAS, the Port 10 Logistics, LLC (the "Owner") owns the property more specifically identified in Exhibit"A," which is attached hereto and incorporated herein for all intents and purposes(the Property");and WHEREAS,the Owner has requested annexation of the Property; and WHEREAS,pursuant to Section 43.0672 of the Texas Local Government Code,the City of Baytown the"City")and the Owner desire to enter into this Services Agreement(this"Agreement")in order to govern the provision of service to the Property; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Owner(collectively the 'Parties")do hereby mutually agree as follows: 1. Services to be provided. The Parties agree that upon annexation,the City will provide the following services,which shall be provided at a comparable level to that provided to other parts of the City with topography,land use,and population density similar to those reasonably contemplated or projected on the Property as of the date hereof: a.Fire. The City, through its Fire Department, will provide fire and emergency medical services to the Property. b.Police. The City,through its Police Department,will provide law enforcement services to the Property. C.Health. The City, through its Health Department, will provide services pertaining to environmental health, neighborhood protection, storm water, and animal control to the Property. d.Planning and Development. The City,through its Planning and Development Services Department,will provide development and building services to the Property, including code enforcement services. e.liffity. The City through, its Public Works, Engineering and Finance Departments, will provide water, sewer, storm sewer, and garbage services to the area. Any infrastructure improvements necessary for the Property to receive these services from the existing City infrastructure shall be the sole responsibility of the Owner. Additionally, any additional infrastructure improvements,necessitated by proposed future development,shall be the sole responsibility of the Owner. The Parties understand and agree that the City is not required to provide a service that is not included in this Agreement. However,nothing herein shall be construed to preclude the City from providing a service in the future if it chooses to do so. 2. Term. This Agreement shall commence on the date of the annexation of the Property by the City and shall terminate one year after the services referenced in Section 1 have first been provided to the Property. 3. Remedies. Should the City fail to provide the services within the time period specified in Section 1 hereof,the Owner shall give written notice of such failure to the City and provide an opportunity for Services Agreement,Page 1 the City to provide such services. The City shall not be in default hereof if the City is diligently prosecuting the work necessary to provide the services. If the breach is not timely cured,the Owner's sole remedy is to seek disannexation. If the property is disannexed,the City shall be relieved of any and all obligations to provide those services specified in Section I hereof to the Property. 4. Miscellaneous Provisions. a) Notice. Notices required herein shall be delivered in hand or by registered or certified US mail to the City at the following address: City of Baytown Attn: City Manager 2401 Market Street Baytown,Texas 77520 Notice to the Owner may be addressed to Owner at the address indicated on the most recent Harris County property tax roll for the Property. b) Severability. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable,then the remainder of this Agreement shall remain in full force and effect. c) Non-waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity.Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. d) Ambiguities. In the event of any ambiguity in any of the terms of this 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. e) Headings. The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof,or in connection with the duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise. f) Governing Law. This Agreement shall be governed by the laws of the State of Texas and construed in conformity with the provisions of Sections 43.0672 of the Texas Local Government Code. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. g) Venue. Venue for this Agreement shall be in Harris County,Texas. h) Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution,shall constitute one and same instrument. i) Complete Agreement.This Agreement contains all the agreements of the Owner and the City relating to the subject matter hereof and is the full and final expression of the agreement between such parties. This Agreement may be amended only by written agreement signed by the Owner and the City. j) Agreement Read. The parties acknowledge that they have read,understand and intend to be bound by the terms and conditions of this Agreement. k) Authorily. The Owner covenants that he/she/it has the authority to enter into this Agreement by virtue of being the owner of the Property. Additionally, the officers executing this Agreement on behalf of the Owner hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Services Agreement,Page 2 Entered into this day of 2022. CITY OF BAYTOWN RICHARD L. DAVIS,City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: TREVOR FANNING, Interim City Attorney OWNER: Signature) A7tL, roi o, Printed Name) V-1t Title) STATE OF TEXAS COUNTY OF HARPj S Bef re me, the undersigned notary public, on this day personally appear dFr- f ,the of the known to me proved to me on the oath of or proved to me through his/her current 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 considerati there' xl2ressed4ejGivenundermyhandandsealofofficethis/of/ 2022. 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