Ordinance No. 8,400980910 -19
ORDINANCE NO. 8400
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, TERMINATING THE FACILITIES DEVELOPMENT AGREEMENT
FOR THE DEVELOPMENT OF A CONFERENCE CENTER AT BAYLAND
PARK WITH SENTERRA REAL ESTATE GROUP, L.L.P.; AUTHORIZING
THE CITY MANAGER TO GIVE NOTICE OF THE TERMINATION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, on September 11, 1997, the City of Baytown (the "City ") entered into a
Facilities Development Agreement (the "Agreement ") with Senterra Real Estate Group, L.L.C.
( "Senterra "), for the development of Phase Il of the Bayland Park Project, entailing construction
of a publicly financed conference center (the "Project "); and
WHEREAS, the Agreement was entered into concomitantly with a hotel facility ground
lease between the City and Senterra, which ground lease was contingent upon Senterra
conducting inspections, analyses, studies and tests of the property; making application for
necessary licenses, permits and approvals for the development of the hotel facility; and
beginning construction of the hotel facility within a stipulated time frame (the "Ground Lease ");
and
WHEREAS, despite numerous extensions granted by the City for Senterra to successfully
satisfy the contingencies of the Ground Lease, Senterra failed to do so and the Ground Lease
expired on September b, 1998; and
WHEREAS, the Agreement authorizes the City to terminate the same either upon the
termination of the Ground Lease or at any time without cause; and
WHEREAS, based upon the City Manager's finding that the public welfare demands the
Agreement be terminated and/or based upon the contingency expressed in the Agreement that the
City may terminate the Agreement upon the termination of the Ground Lease, the City Council
of the City of Baytown, Texas, desires to terminate the Agreement pursuant to the terms thereof,
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 exercises it
right and privilege to terminate the Facilities Development Agreement, entered into on the 11`h
day of September, 1997, with Senterra Real Estate Group, L.L.C., for the development of a
publicly financed conference center at Bayland Park.
Section 3: That the City Council of the City of Baytown, Texas, authorizes and
directs the City Manager to send notice to Senterra of the City of Baytown's termination of the
Agreement.
4)
980910 -19a
Section 4: 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 10th day of September, 1998.
PETE C. ALFARO, Aayor
ATTEST:
EILEEN P. HALL, City Clerk
945etaz /,a -- - /--
ACIO RAMIREZ, SR. O Attorney
cAk1h 106 \6ty council\ ordinances\ TerminatingFacilitiesDevelopmentAgreementw Senterra.Ordinance
2