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Ordinance No. 9,464ORDINANCE NO. 9464 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING LETTER AGREEMENTS WITH THE PROPERTY OWNERS FOR THE DEDICATION OF PROPERTY FOR THE BAKER ROAD EXTENSION PROJECT, EXTENDING BAKER ROAD FROM NORTH MAIN TO CROSBY CEDAR BAYOU ROAD; 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 hereby authorizes letter agreements (the "Agreements ") with the property owners for the dedication of property for the Baker Road Extension Project, extending Baker Road from North Main Street to Crosby Cedar Bayou Road. Such Agreements are attached hereto as Exhibits "A," "B," "C" and "D" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect 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 14th day of November, 2002, PETE C. ALFARO, Mayor ATTEST: a, I I : �4 i GAV W. P,31,41 City Clerk APPROVED AS TO FORM: erKNACTO RAMIREZ, SRUIty Attorney • F:Veanene\My Documents\ Council\ 02- 03W ovember\ AuthorizeLetterAgreements4BakerRoadExtension .doc BAYFOWN qo�_ North Main Properties c/o Dr. R J. Thomson 4810 St. Andrews Drive Baytown, TX 77521 City of Baytown June 13, 2002 Re: Baker Road Extension from North Main to Crosby Cedar Bayou Road Dear Dr. Thomson: This Letter Agreement ( "Agreement'] evidences the terms and conditions under which North Main Properties ( "NMP ") will dedicate to City of Baytown (the "City") fee simple title to a portion of the property described as follows: TR 17 (016-TR 2 MAP B) (51 *TR C28) ABSTRACT 709 J W SINGLETON, HARRIS COUNTY, TEXAS, AND TR 12 (016 *TR 19 MAP A) ABST 709 J W SINGLETON, HARRIS COUNTY, TEXAS. Such portion being that which is depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes (the "Property'). 1. NMP's Obligations 1.01 NMP shall dedicate to the City fee simple title to the Property and will warrant that such tide shall be good and indefeasible subject only to those title exceptions approved an by be in a form approved by the City Attorney. the City in writing. Such dedication shall 1.02 NUT has deposited TWENTY -FIVE THOUSAND AND Noll 00 DOLLARS ($25,000) with the City for the City to obtain a survey of the Property as well as portions of the properties located at 4808 Barimloo Road and 4407 Cedar Bayou Lynchburg, Baytown, Harris County, Texas, for the Baiter Road Extension Project, which additional properties are described as follows: TR 11A (016 *TR 25 MAP A) ASST 709 J W SINGLETON, HARRIS COUNTY, TEXAS AND TR 1B (016 *TR 7B) ABST 591 D MCFADDEN, HARRIS COUNTY TEXAS. Should the cost of the survey exceed FIFTY THOUSAND AND NO/] 00 DOLLARS ($50,000.00), NMP shall pay for all amounts in excess of FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00), Such amount shall be paid to the City within thirty (30) days after a receipi of an invoice therefor from the City. 1.03 NMP shall make the dedication specified in section 1.01 and deliver possession of the Property within sixty (60) days of receipt of a copy of the survey of the Property, or at such other time as may be mutually, agreed upon in writing by the parties. Baytown Municipal Development District's and the City's Obligations 2.01- The City will obtain a survey of the Property as well as portions of the properties located at 4808 Barkaloo Road and 4407 Cedar Bayou Lynchburg, Baytown, Harris County, Texas, for the Baker Road Extension Project, which additional properties are described as follows: TR 1 lA (016 *TR 25 MAP A) A13ST 709 J W SINGLETON, HARRIS COUNTY, TEXAS AND ® TR 113 (016 *TR 7B) ABST 591 D MCFADDEN, HARRIS COUNTY TEXAS. 2.02 The Baytown Municipal Development District (the 'SMDD ") shall pay one -half of the costs to survey the Property or TWENTY -FIVE THOUSAND AND N011100 DOLLARS ($25,000.00), whichever is less. 2401Market Strect P.O. Bol 424 Baytown, Tcuas 77522 -0424 (281)422 -8281 Fu (281)420 -6586 baytowo baytown.org EXHIBIT A North Main Properties June 13, 2002 Page 2 of 2 ® 2.03 The BMDD and/or the City shall endeavor to commence construction of the extension of Baker Road between North Main to Crosby Cedar Bayou Road within three (3) to ten (10) years after the vesting of the title to the Property in the City. 2.04 Should construction fail to commence within the time period specified in section 2.03, the Property shall revert to NMP upon request. This reversion shall be accomplished through a separate written instrument executed by the City within ten (10) days of the City's receipt of NMP's written request therefor. General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 NW, the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above- referenced terms and conditions be acceptable to you, please have this letter agreement executed by the appropriate officer and return the same to my attention at the above- referenced address. Should you have any questions of if I may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. Sincere/ , Monte Mercer City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: North Main Properties b 13 C Z r (Signature) (Date) 4 &vn S vN (Printed Name) (Title) ATTEST: (Signature) (Date) (Printed Name) •(Title) F.WsrenW3ksN0ty Manger \L.enasV4WLettcrRev4cd.doc I August 28, 2002 Page 2 3. General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owners, the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above - referenced terms and conditions be acceptable to you, please have this letter agreement executed by the appropriate officer and return the same to my attention at the above - referenced address. Should you have any questions or if I may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. Sincerely, Gary Jackson City Manager of the City of Baytown District Manager of the Baytown Municipal Development District LTWOUNIN • George W, dier (Date) Robert A. Meister (Date) Judy D. Meister (Date) Robert Andrew Meister (Date) Kimberly A. Stanley (Date) Dorothy Berry (Date) STATE OF TEXAS § COUNTY OF HARRIS § Before me, fl '` - f , the undersigned notary public, on this day appeared George W. Chandler, in his capacity as owner of the Property, known to me to be the person whose name isssuubsscribedtootthe foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this 1 7' -day of 2 ="Ay P`,P- TERRI R. STAHL NOTARY PUauC, STATE OF TEXAS No blic in and for the State of Texas a, f MY COMMISSION EXPIRES FEB. 77, 2004 D� ✓llllllll./.t! ✓ ✓lllllll./ll� 4Mla 1J • 0 w ° O_ Ili o a� w I� o "1 _ o0 n AH- 12-HU(MON) 09;44 CITY 0: 9AYTOWN EFA�)2814206686 F, 0031006 An= 12, 2002 pugc 2 t3. General Conditions 3.01 There shall be no broker's fees associated with this trarunctian. 3,02 This A6•rccmcnI shall be binding upon the legal representatives or succcssars of the parties, 3.03 The Owners, the City and die BMDD agme to execute all docuturnls necessary to consummate the closing of this sale and to furnish evidence or ateir authority and capacity. Should the above- rercruticrrl terms and condldons be acceptable to die appropriate officer and return the $ame to my attention at the above -rrfrr nod please have Sl�iou d you have t questions bar if l may be of uny assistance, please do not hesitate to contact me. Thank you far your assistance in this tmuet. Sincerely, Gary Jackoon City Manager of the City of Baytown District Manager of the Baytown Municipal Dcvclopmmt District AGREED: OWNERS Gcorgc W. Churuller (Date) Robert A. Meister / (Da udy D. M tster 4a) Robert Andrew Meister (Data) Kimberly A. Stanley (Date) STATE OF TEXAS § Do Berry (gate) COUNTY OF HARRIS Beforc mc, [� George W. Ch&ndler, in, his capacity as owner of the pro ' the undersigned notary public, on this day personally appeared foregoing instntment and acknowledged to me that he executed same fc the be the person whose name is subscribed to the purposes and consideration thcrxin expressed, SUBSCRIBED AND SWORN berate me this day of f .2002. i blic in and for c State of'1'exas - SCOTT E. CARSON �'�` MY COMMISSION EXPIRES JANUARY 28. 2006 EXHIBIT $ , � } 4' a^"S . �.L'.1•� r� yt},.i�'u��f JF• � j b�i�s,li, -t- �K �" • � 'a.n� I 't ! • x y f}ti�" I L "GJiIL 11lttll) UY ; qq U 1 ! i UT DAi l UIN • August 12, 2002 Psgc 2 3. General Conditiam � W )16141 M Y, W/00') 3.01 There shall be no broker's fern a6sociatrd with this tmmnrtion, 3.02 This A6neentacni shall be bitiding upon the Iegal representatives or Pate=ns of the parties. 3.03 The Owuers, the Ciry and dso BMDD aLr= to Mectue till dectunents necessary to consummate the clnsins of this salt and is furnish rvideaet of their authority and capacity. Should the above- rt:fcrtnerd loots and conditions be acceptable to you, please havo this ]otter agmexnmi r uccuted by the appropriate officer and remm the saint to my attcntian at the ubove- rtferanced address. Should you Have any questians ar if I may be of any assisl=cv, please do not beshate to contact me. Thank you fnr your assistance in this rnauer, STATE OP TEXAS COUNTY OF HARRIS § Sttscerely, Gary Jackean City Manat er of the City of Daytown District Manager of tltn Baytown Mtmicipal Dcvcloptdtnt District AGREED: OWNERS George W. Chandler (Date) RobettA. Meister -(Date) Judy 13. Meister (Date) Robert Antirew Meister (bate) Kimberly A. Sttmley (Date) Dorothy Berry (Dale) Before me, , the undersigned notary .public,. on this day personally appears] George W. Chandicr, In hie capacity as owner oC the Property, taown to mo to be the person whose name is subscribed to dw foregoing instntment attd acknowledged to me that he executed the saMC for the ptaposcs and a ottsider•,ction therein expres ed. SUBSCRIBED AND SWORN before me this day of 2002. IBIT B Notary Public in and for rite State WE= - 1iUT-1G-GUWRVn) UJ :4I l l i l VT DAM IN UR) LUG V60 r. UU41, UU i Auau31 12, 2002 Pugs: 3 • STATE OF TEXAS COUNTY OF HARRIS Before mc, , the undersigned notary Public, on this day pmonally appeared Rnhen A, Mcister. in his capacity as owner of the Property, known to srte to bre the person whose n= is Subscribed to lha foregoing instrument and acknowledged to me that be executed the sonic for the purposes and consideation tb=in mpumal. SUDSCRIBED AND SWORN before ine this day of 22002. Notary i'ubllc In and for the State of Tom STATE OIr TEXAS COUNTY OF HARRIS Bcfon trw+ , the undersigned notary public, on this day personally appeared Judy D. Mcistcr, in her capacity as owner of the Property, ]known to tae to be the person whose nibs Is subscribed to the foregoing Instrument and eclaiowledg,ed to me that she executed the sonic for the purposes and consideration therain axprasacd. SUBSCRIBED AND SWOMN before m this day of , 2[302 Notary Public in and fur the Stoic of Tm u STATE OF TEXAS COUNTY OF Before trio, t JC , die undersigned notary public, on this day personally appeared Robert Andrew Meister, in his capacity a3 owner of the Pmperty, known to me to be the person whose Hume is subscribed to the foregoing instrument and acknowledged to me that be executed the same for the purposes and consideration therein expressed. SUBSCRMED AND SWORN before me thin l 29-day of n be 2002. EAdatl Notary Public is and for Litz Stu(c ofT=M CATHERINE E. BECKER STATE OF TEXAS Notary PuEllc. State otTexas °i �+ MY Commission Expires Apr. 21, 2004 �jE OF�C COUNTY OF HARRIS § Befarc mc, , the undersigned notary public, on this duy personally appeared Kirnbetly A. Stanley, in her capacity as owner of the Pmperty, known to true to be the person whose name is subscribed to the foregoing instrument and oclmowdedged to me that she executed the saran for the purposes and consideration thamin expressed. SUBSCRIBED AND SWORN bcforc me this day of 12002. Notary Public in ttnd for the State of Texas ��G- 12- 2002(10N) HM 44 August 12, 2002 Pugs 2 3, General Conditions 3.01 There sliall be no broker's fees associated with this transaction 3.02 This Agrccmcal shnll be binding upon die legal representatives or successors of the parties. 3.03 The Owners, the City and tlto BMDD agree to execute all documents necessary to consummate rite closing of this sale and to furnish evidence of their authority and capacity. Should the above- refeaenecd terms and conditions be acceptable to you, please have this Letter agreement cxceutcd by the appropriate otiicer and return tho 311 =' to my attention at the ubovc- referencod address. Should you have any questions or if I rosy be of uny assistance, please do not hesitate to contact me. Thank you for your assistance in this trmtter. STXrEs OF TEXAS COUNTY OF HARRIS Sincerely, Gary Jackson City Manager of the City of Daytown District Managor of the Baytown Municipal Dcvelopment District AGREED: OWNEitS Gcorgc W. Chandler (Date) Robert A. Moister (Date) Judy D. Meister (Date) Robert Andrew Meister (Date) 4� - —,,S" � r elUz berly A. Stanley (Date) Dorothy Berry (Data) Before me. , the undersigned notary public, on this day personally appeared George W. Chandler, In his eupucily as owner of the Property, Imawn to mo to be the person whose name is subscribed to the foregoing instrnment and acknowledged to me that he executed the sotnc fur the ptapoaes and consideration therein expressed. • SUBSCRIBED AND SWORN before me this day of , 2002. Notary Public in and for the State of Texas FI I BI ■ B BUG- (2-2002(6SOU) August 12, 2002 PUBC 3 ® STATE OF TEXAS 11116. ._T W 09,44 CITY ff 110TOW11 Before me, , the undersigned notary public, an this day pmunully appeared Rnbert A. Meister, in his capacity as owner of the Property, known to ere to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before the this day of '2002. Notary Public In and for the State of Texas STATE OF TEXAS COUNTY OF BARS Before rtte, ___ __ , the undersigned notary public, on this day personally appeared Judy D. Meister, in her capacity as owner of the Property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me tlsat she executed the same for the purposes and cnnsideration therein expressed. SUBSCRIBED AND SWORN before rue this STATE OP TEXAS � COUNTY OF 1-1ARRIS day of '2002- Notary Public in and for the State of Texas Before me, . she undersigned notary public, on this day personally appeared Robert Andrew Meister, in his capacity as owner of the 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 and consideration therein expressed. SUBSCRIBED AND SWORN before me this - day of . 2002. Notary Public in dnd for the State ofTexus STATI; OF TEXAS # COUNTY OF HARRIS § Before rrtc, , tllo undersigned notary public, on this day personally appeared Kimberly A. Stanley, In'thcr capacity as ow6cr of the Pmperty, knnwn to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the sane for the purposes and consideration therein expressed, SUBSCRIBED AND SWORN before me this l 0 �•� MARILYNN P. SCHAFFER 9 NOTARY PUBLIC �« STATE OF TEXAS My Comm. Exp. 4.14 -2006 &day of `C�T�71'I 2002. Notar Public in �tTcxas- August 28, 2002 Page 2 ® 3. General Conditions 3.01 There shall be no broker's fees associated with this transaction_ 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owners, the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above - referenced terms and conditions be acceptable to you, please have this letter agreement executed by the appropriate officer and return the same to my attention at the above - referenced address. Should you have any questions or if I may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. Sincerely, Gary Jackson City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: OWNERS George W. Chandler (Date) Robert A Meister (Date) Judy D. Meister (Date) Robert Andrew Meister (Date) Kimberly A Stanley (Date) -7--- Z, Z_, Dorothy B (D STATE OF TEXAS § COUNTY OF HARRIS § Before me, ' the undersigned notary public, on this day personally appeared George W. Chandler, in his capacity as owner of the 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 and consideration therein expressed. 0 SUBSCRIBED AND SWORN before me this day of )2002. Notary Public in and for the State of Texas I., IT B August 28, 2002 Page 4 0 STATE OF TEXAS • COUNTY OF HARRIS Before me, 1 E I Lw on d�- — the undersigned notary public, on this day personally appeared Dorothy Berry, in her capacity as oWrner of the Property, blown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of ✓ 2002. DELL LYNN SWEAT * NOTARY PUBLIC STATE OF TEXAS 40f' My Comm. Exp. 10 -01 -04 Attest: Gary W. Smith, City Clerk Attest: Gary W. Smith, Assistant Secretary F:Ws=\H&Ciry ManagerUx um\ Cbandled3akerRnedRmsedOa2702 .dnc Notary Public in and for the State of Texas AGREED: CITY OF BAYTOWN Gary Jackson, City Manager (Date) AGREED: Baytown Municipal Development District Gary Jackson, General Manager (Date) September 16, 2002 Page 2 instrument executed by the City within ten (10) days of the City's receipt of Owner's written request therefor. 3. General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owner, the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to famish evidence of their authority and capacity. Should the above - referenced terms and conditions be acceptable to you, please execute this letter agreement and return the same to my attention at the above - referenced address. Thereafter, we will present it to the City Council for approval. Should you have any questions or if I may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. Sin rely, acio Ramirez, Sr.� City Attorney of the City of Baytown General Counsel of the Baytown Municipal Development District AGREED: OWNER LLIAM 1. VhNM (Date) Q Z Executor of th state of Aline V. Reineke ` E E STATE OF TEXAS COUNTY OF HARRIS Before me, _ KWeQ Horner , the undersigned notary public, on this day personally appeared William J. Reineke, in his capacity as Independent Executor of the Estate of Aline V. Reineke, the Owner of the 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 and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of Sr 0r m bc1r , 2002. otary Public ' d or the State of Texas KAREN L HORNER • Notary Public, State of Texas Commission Expires May 9,29D6 AGREED: GARY JACKSON, City Manager of the City of Baytown and District Manager of the Baytown Municipal Development District ATTEST: 0 GARY W. SMITH, City Clerk of the City of Baytown and Assistant Secretary of the Baytown Municipal Development District F:Wamn\Fdes\City Mz=gcejxnm%ciDekeBakcrRoad.doc EMU C October 15, 2002 Page 2 3. General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 The Owner, the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to fiunish evidence of their authority and capacity. Should the above - referenced terms and conditions be acceptable to you, please execute this letter agreement and return the same to my attention at the above - referenced address. Thereafter, we will present it to the City Council for approval. Should you have any questions or if I may be of any assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. Sincerely, 4ciopRamirez, Sr.. City Attorney of the City of Baytown General Counsel of the Baytown Municipal Development District AGREED: OWNER Louise Donovaa (Date) /" - /f -'0 STATE OF TEXAS COUNTY OF HARRIS Before me, Lb Lu 9- r10 JCcl1 the undersigned notary public, on this day personally appeared Louise Donovan, in her capacity as the Owner of the Property, known to me to be the person whose name is subscn'bed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of 2002, `vP-' M `-_/7�j1� *jam `tea�P 11 ���i� �`C •% CO i r'�TF Of ATTEST: GARY W. SMITH, City Clerk of the City of Baytown and Assistant Secretary of the Baytown Municipal Development District R\ arcnTi es4Ciry ManascA1zttm00novanHakerRcad doc PWWIT III Notary Public in and for the State of Texas AGREED: GARY JACKSON, City Manager of the City of Baytown and District Manager of the Baytown Municipal Development District N 9 lfl'All City f Baytown BAYTO" N -- o Mnvft_ June 13,2002 North Main Properties c/o Dr.R.J.Thomson 4810 St.Andrews Drive Baytown,TX 77521 Re: Baker Road Extension from North Main to Crosby Cedar Bayou Road Dear Dr.Thomson: This Letter Agreement ("Agreement") evidences the terms and conditions under which North Main Properties NMP")will dedicate to City of Baytown(the"City")fee simple title to a portion of the property described as follows: TR 17(016*TR 2 MAP B)(51*TR C28)ABSTRACT 709 J W SINGLETON,HARRIS COUNTY,TEXAS, AND TR 12(016*TR 19 MAP A)ABST 709 J W SINGLETON,HARRIS COUNTY,TEXAS. Such portion being that which is depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes(the"Property"). 1.NMP's Obligations 1.01 NMP shall dedicate to the City fee simple title to the Property and will warrant that such title shall be good and indefeasible subject only to those title exceptions approved by the City in writing. Such dedication shall be in a form approved by the City Attorney. 1.02 NMP has deposited TWENTY-FIVE THOUSAND AND NO/100 DOLLARS($25,000)with the City for the City to obtain a survey of the Property as well as portions of the properties located at 4808 Barkaloo Road and 4407 Cedar Bayou Lynchburg, Baytown, Harris County, Texas, for the Baker Road Extension Project, which additional properties are described as follows: TR 11A(016*TR 25 MAP A)ABST 709 J W SINGLETON,HARRIS COUNTY,TEXAS AND TR 113(016*TR 7B)ABST 591 D MCFADDEN,HARRIS COUNTY TEXAS. Should the cost of the survey exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), NMP shall pay for all amounts in excess of FIFTY THOUSAND AND NO/00 DOLLARS ($50,000.00). Such amount shall be paid to the City within thirty(30)days after a receipt of an invoice therefor from the City. 1.03 NMP shall make the dedication specified in section 1.01 and deliver possession of the Property within sixty 60) days of receipt of a copy of the survey of the Property, or at such other time as may be mutually agreed upon in writing by the parties. 2.Baytown Municipal Development District's and the City's Obligations 2.01 The City will obtain a survey of the Property as well as portions of the properties located at 4808 Barkaloo Road and 4407 Cedar Bayou Lynchburg, Baytown, Harris County, Texas, for the Baker Road Extension Project,which additional properties are described as follows: TR I IA(016*TR 25 MAP A)ABST 709 J W SINGLETON,HARRIS COUNTY,TEXAS AND TR 113(016*TR 7B)ABST 591 D MCFADDEN,HARRIS COUNTY TEXAS. 2.02 The Baytown Municipal Development District (the "BMDD") shall pay one-half of the costs to survey the Property or TWENTY-FIVE THOUSAND AND N0/100 DOLLARS($25,000.00),whichever is less. 2401Market Street P.O. Box 424 Baytown,Texas 77522-0424 (281)422-8281 Fax (281)420-6586 baytown@baytown.org North Main Properties June 13,2002 Page 2 of 2 2.03 The BMDD and/or the City shall endeavor to commence construction of the extension of Baker Road between North Main to Crosby Cedar Bayou Road within three (3) to ten(10) years after the vesting of the title to the Property in the City. 2.04 Should construction fail to commence within the time period specified in section 2.03, the Property shall revert to NMP upon request. This reversion shall be accomplished through a separate written instrument executed by the City within ten(10)days of the City's receipt of NMP's written request therefor. 3.General Conditions 3.01 There shall be no broker's fees associated with this transaction. 3.02 This Agreement shall be binding upon the legal representatives or successors of the parties. 3.03 NMP, the City and the BMDD agree to execute all documents necessary to consummate the closing of this sale and to furnish evidence of their authority and capacity. Should the above-referenced terms and conditions be acceptable to you,please have this letter agreement executed by the appropriate officer and return the same to my attention at the above-referenced address. Should you have any questions or if I may be of any assistance,please do not hesitate to contact me. Thank you for your assistance in this matter. Sincerel , Monte Mercer City Manager of the City of Baytown District Manager of the Baytown Municipal Development District AGREED: North Main Properties to /3 C-` 14J I Signature) Date) Printed Name) Title) ATTEST: Signature) Date) Printed Name) Title) FAKaren\Piles\City Manager\Letters\NMPLetterRevised.doc s rY" p 0 4 op r; eA 1 s