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MDD Resolution No. 458RESOLUTION NO.458 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BAYTOWN FOR FUNDING THE PURCHASE AND USE OF 5335 EAST ROAD,BAYTOWN,TEXAS, IN ASSOCIATION WITH THE WAYNE GRAY SPORTS COMPLEX PARKING EXPANSION;AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND NO/lOO DOLLARS ($250,000.00);MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT: Section I:That the Board of Directors of the Baytown Municipal Development District hereby finds that the expenditures authorized herein are for improvements,which satisfy the purposes for which tlie funds can be expended pursuant to Chapter 377 of the Texas Local Government Code and/or Section 3888.102 of the Special District Local Laws Code.All required findings pursuant thereto are hereby declared to have been made and adopted as findings of the Board of Directors. Section 2:That the Board of Directors of the Baytown Municipal Development District hereby authorizes the President to execute an Interlocal Agreement with the City of Baytown for funding the purchase and use of 5335 East Road, Baytown, Texas, in association with the Wayne Gray Sports Complex Parking Expansion.A copy of said agreement is attached hereto as Exhibit "A,"and incorporated herein for all intents and purposes. Section 3: That the Board of Directors of the Baytown Municipal Development District hereby authorizes payment in an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00)in accordance with the agreement referenced in Section 2 hereof. Section 4:This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Municipal Development District. INTRODUCED,READ and PASSED by the affinnative vote of the Board of Directors of the BaytownMunicipal Development District,this the 2'"^dav of March.2023. ANDON CAPETILLO,President TTEST: ANGELA IIA©KSON,Assu ^OVEDASTjOFORM: SCOTT LEMOND,General Counsel R:\Denise\MDD\2023.03.02\InierlocalAgree.withCOBforWayneGrayParkingExpimsion.docx AGREEMENT FOR FUNDING THE PURCHASE AND USE OF 5335 EAST ROAD IN ASSOCIATION WITH THE WAYNE GRAY SPORTS COMPLEX PARKING EXPANSION PROJECT STATE OF TEXAS § COUNTY OF HARRIS § This Agreement for Funding the Purchase and Use of 5335 East Road in Association with the Wayne Gray Sports Complex Parking Expansion Project (the "Agreement") is made by and between the CITY OF BAYTOWN,a municipal corporation located in Harris and Chambers Counties, Texas, (the City") and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the "Act") and located in Harris County, Texas, (the District"). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1.Representations and Warranties of District. a) The District is engaged in an ongoing effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The Districtrepresentsandwarrantsthatithasbeenproperlycreatedand isdulyauthorized pursuant to the Act to enter into this Agi-eement. Section 2.Description of Program. The Municipal Development District has authorized TWO HUNDRED FIFTY THOUSAND AND NO/IOO DOLLARS ($250,000.00) for the purchase and use of 5335 East Road, Baytown, Texas 77521 the "Property");however,additionalfundsare neededtocompletethepurchase.The Cityshall providethe additional funds in the amount of TWENTY-FIVE THOUSAND FIVE HUNDRED SIXTY-SIX AND 70/100 DOLLARS ($25,566.70).This purchase will allow for the installationof additional parkingat the Wayne Gray Sports Complex located at 5335 East Road, Baytown, Texas (the "Project"). Section 3.Reports. The City shall prepare and submit to the District within 120days after the end of each fiscal year during the termof this Agreementa verbalor briefwrittenreport describingtheservices performedby the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4.Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5.Funds to be provided by the District. Forand inconsideration of the services tobe provided by the City in furtherance of this Agreement, the District shall lender funds to the City in an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND NO/IOO DOLLARS ($250,000.00)All payments required to be made herein shall be payable on or before thirty (30) days after the District receives an invoice therefor from the City. Upon receipt of the funds from the District, the City shall purchase the Property in accordance with the Agreement for Funding of the Purchase and Use of 5335 East Road in Association with the Wavne Gray Sports Complex Parking Expansion.Page 1