Ordinance No. 13,144ORDINANCE NO. 13,144
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 FIRST AMENDMENT
TO THE DEVELOPMENT AGREEMENT WITH D.R. HORTON, INC., FOR
CERTAIN SIGN IMPROVEMENTS ASSOCIATED WITH GOOSE CREEK
RESERVE; 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 First Amendment to the
Development Agreement with D.R. Horton, Inc., for certain sign improvements associated with
Goose Creek Reserve. 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 the City Council of the City
of Baytown this the 10th day of March, 2016.
DONCARLOS, Mayor
ATT T:
LETICIA BRYSCH, Ci erk
Y
Z,1,
APPROVED AS TO FORM:
F b J
a
°
°
NACIO RAMIREZ, SR., Ci ttorney
RAKaren\Files�City CounciF'Ordinances\2016\March 10\FiistAmendment2DevelopmentAgreementwithDRHor ton.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
DEVELOPMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "First Amendment ") to that certain "Development Agreement'
dated on or about December 10, 2016, (the "Agreement') made and entered into between the
City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas (the
"City "), and D.R. Horton, Inc., a Texas corporation (the "Developer "), (all collectively referred
to as the "Parties ") is entered into on this _ day of March, 2016 (the "Effective Date ").
RECITALS
WHEREAS, the City and the Developer, entered into the Agreement on or about
December 10, 2016, in order to ensure improvements to existing roadways and associated
drainage and utility adjustments were made in order to alleviate congestion and improve level of
service and safety as the various stages of the Goose Creek Reserves, a subdivision in Harris
County, (the "Subdivision') would be constructed; and
WHEREAS, the Parties agree that certain terms of the Agreement should be amended to
modify the Project, detail the allowable signage for the Property; and
WHEREAS, the terms of the Agreement shall remain in full force and effect except as
specifically altered by the terms of this Amendment;
NOW THEREFORE, for and in consideration of the promises and the mutual agreements
set forth herein, the Parties hereby agree to amend the Agreement as follows:
AGREEMENT
Recitals. The recitals set forth above are declared true and correct and are hereby
incorporated as part of this First Amendment.
2. 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.
Amendment. Article II "Developer Obligations" of the Agreement is hereby amended to
add Section 2.2 " Signage," which shall read as follows:
First Amendment to the Development Agreement Page 1
II.
Developer Obligations
2.2 Sianaae. The Developer or subsequent tenant or owner shall acquire permits from
the City of Baytown pursuant to Chapter 118 for the Code of Ordinances,
Baytown, Texas, for the sign structures more particularly detailed in Exhibit "4."
It is agreed that nothing contained in Chapter 118 of the Code of Ordinances,
Baytown, Texas, shall be construed so as to prohibit the sign structures referenced
in Exhibit "4" from being erected; provided, however, digital and spectacular
signs are expressly prohibited. The Parties further agree in exchange for such
allowance, no other sign structures shall be permitted within or adjacent to Goose
Creek Reserves Subdivision without the City's prior written consent. The
Developer agrees that it shall bind all subsequent owner(s) to this section by
including it in a restrictive covenant, which shall run with the land and which
shall not be subject to change without the express prior written consent of the
City. The Developer agrees to add the City as a third party beneficiary to the
restrictive covenants for the sole purpose of enforcing the signage restrictions in
this section. The restrictive covenants shall be submitted to the City for review
and written approval prior to filing. This section shall not expire and shall remain
in full force and effect after the expiration or termination of this Agreement.
4. Effect. Except as specifically amended by this First Amendment and this Second
Amendment, the Agreement shall remain in full force and effect in accordance with its
original terms and conditions.
EXECUTED ON this the — day of , 2016.
CITY OF BAYTOWN
IM
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
First Amendment to the Development Agreement Page 2
RICHARD L. DAVIS, City Manager
EXECUTED ON this the j day of , 20_&.
7D. RT /N,lC.
(Sl dture)
Christopher Llndhorst
(Printed Name) Division President
(Title)
STATE OF TEXAS
COUNTY OF¢0¢415fAo p
Before me, p , the undersigned notary public, on this day personally
appeared ffl%jSM*jfAjL�Lj�� , the]�'{��, /oj&VT'of D.R.
HORTON, INC., on behalf of such corporation
y/ 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 consideration therein expressed.
Given under my hand and seal of office this 10 day of MtA'R� , 20_8p
,�a=' °�a
KORIE JOHNSTON
Notary Publi in and for the State of
Texas
KO7JOHNSTON k 1' \)* ID # 1280B?W5
j :� , My commission expires: y $
j ID „ oR +! A,y 4p Apn105, 201 0
MY gy19 — Pap
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First Amendment to the Development Agreement Page 3
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