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Ordinance No. 8,349980723 -5 ORDINACNE NO. 8349 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXTENSION OF THE HOTEL CONSTRUCTION START DATE AS PROVIDED IN THE GROUND LEASE BETWEEN SENTERRA REAL ESTATE GROUP, L.L.C., AND THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the City of Baytown (the "City") and Senterra Real Estate Group, L.L.C. ( "Senterra ") entered into a ground lease agreement (the "Lease "), effective as of the I 1 th day of September, 1997; and WHEREAS, the Lease provided that the Lease would automatically terminate if Senterra did not commence construction of a hotel facility within 240 days following the effective date of the Lease, unless Senterra requested an extension of time 21 days prior to the expiration of the 240 -day period; and WHEREAS, on May 7, 1998, the City Council of the City of Baytown granted a 90 -day extension after receiving a written request from Senterra for the same; and WHEREAS, Senterra again has furnished written notice to the City of Baytown requesting a 30 -day extension of time in which to start construction of the hotel facility, citing unexpected delays as the reason for its extension request; and WHEREAS, the City Council believes that such a 30 -day extension is not only appropriate, given Senterra's progress on the project to date, but also in the best interest of the City of Baytown; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: All matters and facts set forth in the recitals above are found to be true, and are approved as the findings of the City Council of the City of Baytown. Section 2: That the City Council of the City of Baytown, Texas, hereby grants Senterra's request for an additional 30 days to commence the construction of the hotel facility. As such, the Lease will automatically terminate within 360 days, instead of 240 days, following the effective date of the Lease unless Senterra requests an extension of time prior to the expiration of the 360 -day period in accordance with Article 111, Section B of the Lease. Section 3: 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 23rd day of July, 1998. '11�& PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk - APPROVED AS TO FORM: 4.4 - - - =ftc- IF 41 441ACIO RAMIREZ, SR Ci Attorney d: klh951 councihordinances\ Ex lens ionotSenterraGroundLease2nd .Ordinance