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R2000-103 09-11-00RESOLUTION NO. R2000-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ADDENDUM TO THE DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS L.P., A TEXAS LIMITED PARTNERSHIP ("DEVELOPER"), TO PROPERLY IDENTIFY THE GOLF COURSE REFERRED TO IN THE AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Addendum to City of Pearland Development Agreement by and between the City of Pearland and Beazer Homes Texas L.P., a Texas limited partnership, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached agreement for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the ~ September , A.D., 2000. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM. REID MAYOR day of Exhibit "A" Resolution R2000-103 ADDENDUM TO CITY OF PEARLAND DEVELOPMENT AGREEMENT WITH BEAZER HOMES TEXAS, L.P. (Exhibit "A" to Resolution No. R2000-103 entered into thlsl0~a of ~J/"--(~--~' ~' This Agreement is ' ' u y ~ .... ,2000, by and between the CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (hereinafter"City") and BEAZER HOMES TEXAS, L.P., a Texas limited partnership (hereinafter "Developer"). WHEREAS, on May 22, 2000, a Development Agreement was executed between City and Developer for a planned residential and general business community centered around a golf course; and WHEREAS, Section C of the Recitals refers to the golf facility as a "public" golf course; and WHEREAS, Developer and City both desire to amend the agreement by changing any reference of a "public" golf course to a private golf course. WITNESSETH: NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt of which is hereby acknowledged, it is hereby agreed aS follows: 1. Section C of the agreement is amended to read as follows: "The Developer is the holder of the right to acquire and develop the Property from the owner. The Developer currently intends to develop and improve, in various phases, all or a portion of the Property as a planned residential and general business community centered around a private golf course with single family residential dwelling units, general business development, institutional development, public/community developments, a private golf course, and other uses permitted in conformance with the PUD." The effect of this Addendum is limited to the terms above and all other terms of the original Agreement endure as previously agreed. This Agreement may only be amended, modified, or supplemented by written agreement and signed by all parties. Resolution No. R2000-103 shall be incorporated herein and made a part of this Agreement for all purposes. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. BEAZER HOMES TEXAS, L.P. a Texas limited partnership Prin'"~_ff~J~ ~ (~~ Title: ~ '~ .~. ~_ ATTEST: CITY OF PEARLAND, TEXAS a Texas municipal corporation Alan Mueller Interim City Manager 2 STATE OF TEXAS § COUNTY OF § ,A- BEFORE ME ,the undersigned Notary Public, on this day personally appeared ~,/CLVN, ~ utC__. ~(d?¢, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER 2M0~AND ,A.D., . AND Notary Public, State of Texas Printed Name: ¥~ ¢,O. /~kl/t t'k i'-~i ~::~ My Commission Expires: b'- STATE OF TEXAS COUNTY O~ BEFORE ME, the undersigned Notary Public, on this day personally appeared , 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. MY HAN .D., 2~ . AND SEAL OF OFFICE THIS ~' DAY OF Notary Public, State of Texas Printed Name:'~Y'~l~ ~~('~l I My Commission Expires:'~.[ V~ t~ )2~)fl 3