Ordinance No. 15,403 ORDINANCE NO. 15,403
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FIRST AMENDMENT TO THE LEASE
AGREEMENT WITH BUILD BAYTOWN I, LLC, FOR THE DEVELOPMENT
AND OPERATION OF A PUBLIC GOLF COURSE TO EXTEND THE
LESSEE'S OPTION DEADLINE TO LEASE THE OPTION TRACT;
AUTHORIZING THE CITY MANAGER TO DESIGNATE AN AGENT IN
ACCORDANCE WITH THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE I,
DIVISION 3, SECTION 1.18(b); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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WHEREAS, Ordinance 15,063 authorizes and directs the City Manager to execute and the
City Clerk to attest to a Lease Agreement of approximately 105.9171 acres of land situated in the
William Scott Lower League, Abstract 65, Harris County, Texas, to Build Baytown I, LLC (the
"Agreement") for the lease and development of Evergreen Golf Course; and
WHEREAS, the Agreement provides that the Lessee may exercise an option to lease
approximately 8.5 acres at the northern end of the property, referred to as the "Option Tract,"
which option must be exercised on or before April 20, 2023; and
W FIEREAS,the Lessee intends to exercise the option to lease the Option Tract if the Lessee
is able to obtain a rezone of the Option Tract that will permit the use for which the Lessee intends
to develop; and
WHEREAS, there have been various delays to construction of the golf course; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That, in order to give the Lessee time to complete current construction, 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 First Amendment to the Lease Agreement attached hereto
as Exhibit "A," which is incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager, upon completion of the current construction, to designate the Lessee as the City's
agent for the purpose of applying for a zoning map amendment relating to the Option Tract, in
accordance with the Code of Ordinances, Baytown, Texas, Appendix A "Unified Land
Development Code," Article 1, Division 3, Section 1.18(b).
Section 3: That any rezone request shall follow the zoning amendment process outlined
in the Unified Land Development Code.
Section 4: 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 23`d day of March, 2023.
DON CAP TILL , Mayor
ATTEST:
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A ELA SO , Co
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APPROVED A 3 O FO °
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SCOTT LE D, City Attorney
RAKaren Anderson'ORDINANCES 20232023.03.23 S.LEMOND Lease Am Ord.docx
2
EXHIBIT "A"
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment("First Amendment")to the Lease Agreement between the City of Baytown,
Texas,a municipal corporation(the"City"),and Build Baytown I,LLC(the"Lessee"),effective as of April
20,2022(the"Agreement"),is made by and between the same parties effective as of (the
"Effective Date").
WHEREAS, on April 20, 2022, in accordance with Ordinance 15,063, the parties entered into a
Lease Agreement for the lease and development of Evergreen Golf Course(the"Agreement");and
WHEREAS,the Agreement provides that the Lessee may exercise an option to lease approximately
8.5 acres at the northern end of the property, referred to as the "Option Tract," which option must be
exercised on or before April 20,2023;and
WHEREAS,the Lessee intends to exercise the option to lease the Option Tract if the Lessee is able
to obtain a rezone of the Option Tract that will permit the use that the Lessee intends to develop; and
WHEREAS,there have been various delays to construction of the golf course.
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. Amendments.
Section 1.2.2 of the Agreement is hereby amended to read as follows:
1.2.2 If Tenant desires to exercise its option as to the Option Tract,it shall
do so by delivering written notice to Landlord of such election on or before
January 1, 2024 (an "Option Exercise Notice"). If Tenant timely delivers
an Option Exercise Notice as to the Option Tract, then Tenant must
commence development of the Option Tract within 180 days after delivery
of the Option Exercise Notice.
3. Entire Agreement. The provisions of this First Amendment and 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 Agreement, the provisions of this First
Amendment shall control.
4. Interpretation. This First Amendment has been j ointly 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 First Amendment.
5. Captions. Captions contained in this First Amendment and the Agreement are for reference only
and,therefore,have no effect in construing the documents. The captions are not restrictive of the
subject matter of any section.
IN WITNESS WHEREOF, the parties hereto have executed this First 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 amendment,this day of ,2023,the date of execution by the City Manager.
CITY OF BAYTOWN,TEXAS
JASON E. REYNOLDS,City Manager
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND,City Attorney
AGREED AND ACCEPTED this the day of .12023.
BUILD BAYTOWN I,LLC,
a Texas Limited Liability Company
AURELIO R.VALERIANO,Manager
RAKaren AndersonlCONTRACTS\2023UA Am Golf Course Lease.docx
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment("First Amendment")to the Lease Agreement between the City of Baytown,
Texas,a municipal corporation(the"City"),and Build Baytown I,LLC(the "Lessee"),effect've as of April
20,2022(the"Agreement"),is made by and between the same parties effective as of sS z3 zo'2 (the
"Effective Date").
WHEREAS, on April 20, 2022, in accordance with Ordinance 15,063, the parties entered into a
Lease Agreement for the lease and development of Evergreen Golf Course(the "Agreement'); and
WHEREAS,the Agreement provides that the Lessee may exercise an option to lease approximately
8.5 acres at the northern end of the property, referred to as the "Option Tract," which option must be
exercised on or before April 20, 2023;and
WHEREAS,the Lessee intends to exercise the option to lease the Option Tract if the Lessee is able
to obtain a rezone of the Option Tract that will permit the use that the Lessee intends to develop;and
WHEREAS, there have been various delays to construction of the golf course.
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. Amendments.
Section 1.2.2 of the Agreement is hereby amended to read as follows:
1.2.2 If Tenant desires to exercise its option as to the Option Tract, it shall
do so by delivering written notice to Landlord of such election on or before
January 1, 2024 (an "Option Exercise Notice"). If Tenant timely delivers
an Option Exercise Notice as to the Option Tract, then Tenant must
commence development of the Option Tract within 180 days after delivery
of the Option Exercise Notice.
3. Entire-Agreement. The provisions of this First Amendment and 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 Agreement, the provisions of this First
Amendment shall control.
4. Interpretation. This First 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 First Amendment.
5. Captions. Captions contained in this First Amendment and the Agreement are for reference only
and, therefore, have no effect in construing the documents. The captions are not restrictive of the
subject matter of any section.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiple
copies, each of which shall be deemed t e an o g nal, but all of which shall constitute but one and the
same amendment,this 7��day of ,2023,the date of execution by the City Manager.
CITY OF BAYTOWN,TEXAS
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ANGELA J KSON, ° rk,
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APPROVE AS O FORM:
SCOTT LE OND,City Attorney
AGREED AND ACCEPTED this the VY- day of M 2023.
BUILD BAYTOWN I, LLC,
a Texas Limited L' bility Company
A I R. RIANO, Manager
R:%Kmen Andenon\CONTRACTS\2023\1st Am Golf Course Lease.docx