Res 2020-121/authorizing the execution of a Ground Lease and Acquisition Agreement between the City and Hunt San Marcos Development, LLC for the City’s New Public Services Center; establishing a facility purchase price under the ground lease in an amoun

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relating to the Land or the Facility as may be necessary or desirable as a result of or in relation to the transactions that are a part of or that are contemplated under or described in the Lease. PART 3. Term of Authorization. Time is of the essence regarding Facility development. Accordingly, the counterpart to the Lease is not executed by the Lessee on or before July 31, 2020, the signature of the City Manager shall be null and void, and the Lease may not become effective without subsequent consideration and approval of the Council. The Council may, at any time prior to the Lessee's execution of the Lease, revoke the authorization provided in Section 1 hereof, upon written notice to the Lessee at the address provided for the Lessee in the Lease. PART 4. Approval of ENA Amendment One. ENA Amendment One is approved for the purpose of adding $62,409.00 of additional pre -development services as specifically described in ENA Amendment One, attached hereto as Exhibit B, for a total amount payable under the ENA of $1,562,409.00. The City Manager, or his designee, is authorized to execute ENA Amendment One. PART 5. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. PART 6. Inconsistent Provisions. All ordinances and resolutions of the City, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters provided herein. PART 7. Governing; Law. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. PART 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Resolution would have been enacted without such invalid provision. PART 9. Construction. Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Resolution and all the terms and provisions hereof shall be constructed to effectuate the purposes set forth herein and to sustain the validity of this Resolution. PART 10. Compliance with Texas Open MeetingsAct. It is officially found, detennined, and declared that the meeting of the City at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code.