Ordinance No. 15,639 ORDINANCE NO. 15,639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE SECOND 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; 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
WHEREAS, Ordinance 15,403 approves an amendment to the Agreement which provides an
extension to the time that the Lessee has to exercise the option to lease the "Option Tract," which
option must be exercised on or before January 1, 2024; 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 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 Second Amendment to the Lease Agreement attached hereto as
Exhibit"A," which is 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 141h day of December, 2023.
RANDON CA E.,TILLO, M yor
ATTEST:
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ANGEL JACKSON, Ci feft y
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APPROVEDPAFORM'
SCOTT LE OND, City Attorney
EXHIBIT “A”
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment ("Second 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
December 14, 2023 (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, on March 23, 2023, in accordance with Ordinance 15,403, the parties entered into an
amendment to the Lease Agreement for the lease and development of Evergreen Golf Course (the
"Agreement"); and
WHEREAS, the amended 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 January 1, 2024; 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. 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 March 31, 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.
2. Entire Agreement. The provisions of all Amendments 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 Second Amendment and the Agreement, the provisions of this
Second Amendment shall control.
3. 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.
4. Captions. Captions contained in this Second 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 14th day of December, 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 ______, 2023.
BUILD BAYTOWN I, LLC,
a Texas Limited Liability Company
_______________________________
AURELIO R. VALERIANO, Manager