HomeMy WebLinkAboutResolution No. 512 (Item 2.c.)RESOLUTION NO. 512
A RESOLUTION OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
APPROVING THE FIRST AMENDMENT TO THE ENGAGEMENT OF WHITEHEAD
& WILSON, PLLC FOR LEGAL SERVICES AND AUTHORIZING PAYMENT IN AN
AMOUNT NOT TO EXCEED TWO -HUNDRED, TWENTY-FIVE THOUSAND AND
00/100 ($225,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, as a member of Winstead, PC, Stewart Whitehead ("Mr. Whitehead") has represented
the Baytown Municipal Development District (the "MDD") in legal matters; and
WHEREAS, Mr. Whitehead left Winstead, PC to start Whitehead & Wilson, PLLC; and
WHEREAS, due to ongoing legal matters, it was necessary to engage Whitehead & Wilson, PLLC
immediately, the General Counsel, within his discretion as Director of the Legal Department, entered into
a short-term Engagement of Whitehead & Wilson, PLLC; and
WHEREAS, the MDD desires to continue its relationship with Mr. Whitehead; NOW
THEREFORE,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT:
Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and
are hereby adopted.
Section 2: That the Board of Directors of the Baytown Municipal Development District hereby
approves the First Amendment to the Engagement of Whitehead & Wilson PLLC, for legal services. A
copy of said amendment is attached hereto as Exhibit "A," and incorporated herein for all intents and
purposes.
Section 3: That the Board of Directors, hereby authorizes payment to Whitehead & Wilson,
PLLC, in an amount not to exceed TWO -HUNDRED, TWENTY-FIVE THOUSAND AND 00/100
($225,000.00).
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 affirmative vote of the Board of Directors of the
Baytown Municipal Development District this the 24" day of September, 2026.
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ATTEST:
APPROVED AS TO FORM:
SCOTT Ll? WND, General Counsel
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(t�Eg rQiFSON, President
RAOrdinanccs and Resolutions\Resolution Drafts\MDD\2026-09-24\Res-Whitehead & Wilson-SL.docx
EXHIBIT "A"
FIRST AMENDMENT TO ENGAGEMENT FOR LEGAL SERVICES —
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND WHITEHEAD & WILSON, PLLC
This Amendment ("Amendment") to the Engagement for Legal Services is entered by and between
Whitehead & Wilson, PLLC (hereinafter "Attorney") and the Baytown Municipal Development District, a
District created under Chapter 377 of the Texas Local Government Code, as amended, and located in Harris
County, Texas, (the "District").
WITNESSETH
WHEREAS, the parties, including the City of Baytown, Texas (the "City"), entered into the Engagement for
Legal Services ("Agreement") and an Addendum to the Agreement ("Addendum") on June 19, 2026; and
WHEREAS, Paragraph 2 of the Agreement and Paragraph Lb of the Addendum allow amendments
upon agreement of the parties.
NOW THEREFORE, the parties mutually agree as follows:
1. The Agreement and Addendum are amended to delete all references to the City as a party to the
Agreement or Addendum, and to delete references to Scott Lemond serving in his capacity as
City Attorney for the City. Instead, it is the intent of the parties that the Agreement and
Addendum shall be by and between Attorney and the District only, and to clarify that Scott
Lemond shall serve in the capacity of General Council to the District.
2. Paragraph I (a)(iv) of the Addendum is amended as follows:
A. Total Not to Exceed...................................................$225,000.00
No other terms of the Agreement or Addendum are altered by this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each
of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement
on the _ day of September, 2026, the date of execution by the General Manager or his designee of the District.
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
JASON E. REYNOLDS, General Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, General Counsel
ATTORNEY:
Whitehead & Wilson PLLC
tew artner
STATE OF TEXAS §
COUNTY OF TRAVIS §
Before me on this day personally appeared Stewart Whitehead_, in his/her capacity as Partner, on
behalf of such Whitehead & Wilson PLLC,
F� known to me;
❑ proved to me on the oath of ; or
❑ proved to me through his/her current
{description of identification card or other document issued by the federal government or any
state government that contains the photograph and signature of the acknowledging person}
(check one)
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.
SUBSCRIBED AND SWORN before me this 0*'*day of Septtmbix 20 2_6
Notary Public in and for the State of Texas
Sally Stewart Whitehead
My Commission Expires
* 6/17/20 00
Notary ID135562 448