Ordinance No. 5,963910820 -1
ORDINANCE NO. 5963
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
PRELIMINARY AGREEMENT WITH BLUE T GOLF, INC.; 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 Mayor and City Clerk of
the City of Baytown to execute and attest to an preliminary
agreement with Blue T Golf, Inc.. A copy of said agreement is
attached hereto, marked Exhibit "A," and made a part hereof 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 20th day of August,
1991.
EMMETT O. HUTTO, Mayor
ATTEST:
EILEEN P. LL, City Clerk
�1
CIO RAMIREZ, ., City Attorney
C:1:70:22
PRELIMINARY ,AGREEMENT FOR
BAYTOWN, TEXAS MUNICIPAL, GOLF COURSE
THIS AGREEMENT is made and entered into this day of
1991, by and between Baytown, Texas (Hereinafter referred
to as Baytown), and Blue T Golf, Inc., a Nebraska Corporation,
(Hereinafter referred to as Blue T).
WITNESSETH
WHEREAS, it is in the best interests of Baytown to provide
a municipal golf course, and
WHEREAS, Baytown has appropriate land upon which such course will
be constructed; and
WHEREAS, Blue T has proposed to design the construction of a
municipal golf course and assist Baytown in completion of the facility
in a timely manner;
WHEREAS, Blue T and Baytown. agree that Baytown will have
ownership of all documents for design of the course, subsequent to the
terms of this agreement.
NOW, THEREFORE, in consideration of promises, covenants and
agreements herein set forth, it is agreed between Blue T and Baytown
as follows.
T. Obligations of Slue T
A. Blue T will provide a Feasibility Study (done by an
independent firm) indicating the projected revenues of the proposed
golf course based on demographics of the local area.
B. Assisted by its golf course architect, Blue T will design the
initial construction specifications ( routing plan) describing the size
and site layout of the facility.
C. Blue T will make an estimate, based on modified
specifications and subject to changes as described herein, design and
architectural costs, construction casts, engineering costs, finance
costs, and all other costs associated with the construction of the
golf course.
D. Blue T will provide a cash flow pro -forma reflecting revenue
and expenses from the golf course, operating and maintenance costs,
and lease /purchase financing amortized over 20 years. Included with
the lease /purchase financing will be an estimated use of Funds Cost.
E. Slue T will deliver the information as described in A, S, C,
& D, within eight weeks of the execution of this agreement.
I
II. Obligations of Baytown
If, after executing this agreement, and upon receipt of documents
aforementioned, Baytown fails to initiate the project process, then
Baytown will pay Blue T seven thousand five hundred dollars ($7,500)
as total compensation under this agreement. This consideration
represents costs of Blue T., its counsel, the architect, feasibility
study+ and other expenses for the preceding work. Under these
circumstances, Baytown would have ownership of all and any documents
related to the project.
If, after executing this agreement, and upon receipt of
aforementioned documents, Baytown proceeds with the project, then Blue
T will forgive all costs as indicated.
IN WITNESS WHEREOF, the parties have executed this Agreement on
. 1991.
BAYTOWN, TEXAS
By:
- Its:
State of ) w ----- --�-.-
-
County of- )
On this day of �� , 1991, before me,
a not public duly commissioned and qualified in and for said
county, personally came to me
personally known to be the identical person who signed the foregoing
instrument and acknowledged the execution thereof to be his voluntary
act and deed.
Witness my hand and notarial seal the day and year last above
written.
Notary Public
BLUE T GOLF, INC.
!3y
State of Its: � - �--- --
County of ss.
)
On this day of 1991, before me,
a notary public duly commissioned and qualified in and for said
county, personally came
to me
�. ,
personally known to be the identical person who signed the- foregoing
instrument and acknowledged the execution thereof to be his voluntary
act and deed.
Witness my hand and notarial seal the day and year last above
written,
Notary Public