Ordinance No. 12,961ORDINANCE NO. 12, 961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO THE FIRST AMENDMENT TO THE EARNEST MONEY AGREEMENT
WITH TEXAS CAPITAL DEVELOPMENT CORPORATION, INC., FOR THE
PURCHASE OF APPROXIMATELY 120 ACRES OFF OF EVERGREEN ROAD, OUT
OF TRACTS 4G AND 4H, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY,
HARRIS COUNTY, TEXAS; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 the City
Manager to execute and the City Clerk to attest to the First Amendment to the Earnest Money Contract with
Texas Capital Development Corporation, Inc., for the purchase of approximately 120 acres off of Evergreen
Road, out of Tract 4G and 4H, Abstract 65 of the William Scott Survey, Harris County, Texas. A copy of the
amendment is attached hereto as Exhibit "A" and is incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immedi/ote6f d after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmatie City Counci l of the City of
Baytown this the I Oh day of September, 2015.
ATT
L TIC BRYSCH, City Jerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci ttorney
H. DONCARLOS, Mayor
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Exhibit "A"
FIRST AMENDMENT TO THE
EARNEST MONEY CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "Amendment ") to that certain "Earnest Money Contract" between
the City of Baytown and Texas Capital Development Corporation, Inc., dated April 27, 2015, is
made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Buyer ") and Texas Capital Development
Corporation, Inc. ( "Seller ") did enter into an Earnest Money Agreement on April 27, 2015, for
the transfer of certain property on which Buyer plans to develop a portion of a municipal golf
course if certain contingencies are satisfied ( "Agreement "); and
WHEREAS, since the execution of the Agreement, Buyer has been working with a
consultant to configure the entire golf course, including that portion that will be on the Seller's
property; and
WHEREAS, Seller has reviewed the proposed golf course configuration; analyzed its
impact on its development; and agreed to the same; and
WHEREAS, Seller and Buyer desire to amend the Agreement in order to reflect the
actual portions of Seller's property that the Buyer will be purchasing;
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. Amendment. Article III "Property" of the Agreement is hereby amended to read as
follows:
III.
PROPERTY
The property subject to this Agreement is that property in Exhibit "A,"
which is attached hereto and incorporated herein for all intents and
purposes, and hereinafter referred to as the "Property."
First Amendment to the Earnest Money Contract, Page 1
Entire Agreement. The provisions of this First Amendment and the provisions of 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 provisions of the Agreement, the provisions of this First Amendment shall
control. Nothing contained in this First Amendment shall be construed in any way to
limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 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 , 2015, the date of
execution by the Seller.
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
BUYER: CITY OF BAYTOWN, TEXAS
RICHARD L. DAVIS, City Manager
SELLER:
TEXAS CAPITAL DEVELOPMENT
CORPORATION, INC., a Texas Corporation
By:
(Signature)
(Printed Name)
(Title)
First Amendment to the Earnest Money Contract, Page 2
STATE OF TEXAS
COUNTY OF
Before me,
on this day personally appeared
of Texas Capital Development Corporation,
the undersigned notary public,
_, the
Inc., the owner of the above - described Property,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes, in the capacity, and for the
consideration therein expressed.
SUBSCRIBED AND SWORN before me this _ day of 12015.
Notary Public in and for the State of Texas
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First Amendment to the Earnest Money Contract, Page 3
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Exhibit "A"
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