Ordinance No. 12,582ORDINANCE 12,582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF PICNIC SHELTERS AT PELLY PARK
AND CENTRAL LITTLE LEAGUE PARK WITH THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT; 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, Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to the First Amendment to the
Agreement for Funding of Picnic Shelters at Pelly Park and Central Little League Park with the
Baytown Municipal Development District. A copy of said agreement is attached hereto as
Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown. -�-1
INTRODUCED, READ and PASSED by the affirmative votef the City Council of the
City of Baytown this the 10th day of July, 2014. /
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LETICIA BRYSCH,
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Attorney
\ \COBFS01 \Legal\Karen \Files \City Council \Ordinances\2014Vuly 101MDDAmendmen WicnicShelters.doc
DONCARLOS, Mayor
Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF
PICNIC SHELTERS AT PELLY PARK AND CENTRAL LITTLE LEAGUE PARK
STATE OF TEXAS
COUNTY OF HARRIS
THIS First Amendment ( "First Amendment ") to that certain "Agreement for Funding of Picnic
Shelters at Pelly Park and Central Little League Park" (the "Agreement ") effective October 1, 2013, by and
between the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, a political subdivision of the State
of Texas, hereinafter called "District," and THE CITY OF BAYTOWN, a home -rule municipal corporation
located in Harris and Chambers Counties, Texas, hereinafter called the "City" is made by and between the
same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the District desires to promote new or expanded business development within its
boundaries; and
WHEREAS, District and City entered into the Agreement for the funding of picnic shelters at Pelly
Park and Central Little League Park; however, the District and the City now desire to construct picnic shelters
at Eddie V. Gray Wetlands Center instead of Pelly Park; and
WHEREAS, the District and the City desire to amend the Agreement to fund the picnic shelters at
Eddie V. Gray Wetlands Center;
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein contained,
it is agreed as follows:
Definitions. Unless a different meaning clearly appears from the context, words and phrases
as used in this First Amendment shall have the same meanings as in the Agreement.
2. Amendments. Section 2 "Description of Program" of the Agreement is hereby amended as
follows:
Section 2. Description of Program.
The City, with the assistance of the District as herein specified, agrees to construct
picnic shelters at the Eddie V. Gray Wetlands Center and Central Little League Park,
including the construction of a large four -table picnic shelter with a large family -size grill at
Eddie V. Gray Wetlands Center and a large eight -table picnic shelter with a large family -size
grill at Central Little League Park (the "Project ").
3. Entire Agreement. The provisions of this First Amendment and the provisions of the
Agreement should be read together and construed as one agreement provided that, in the
event of any conflict or inconsistency between the provisions of this First Amendment and
the provisions of the Agreement, the provisions of this First Amendment shall control.
Nothing contained in this First Amendment shall be construed in any way to limit or to waive
OWNER's sovereign immunity.
First Amendment to the Agreement for Funding of
Picnic Shelters at Pelly Park and Central Little League Park, Page I
IN WITNESS WHEREOF, the parties hereto have executed this First 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 amendment, this day of , 2014, the date of
execution by the City Manager.
CITY OF BAYTOWN
ROBERT D. LEIPER
City Manager
ATTEST:
LETICIA BRYSCH
City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
STEPHEN H. DONCARLOS
President
ATTEST:
LETICIA BRYSCH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
General Counsel
COBFSOI \Legal', KarenlFiles\City Councils Municipal Development District %Contracts \Contracts 2014\First Amendment to PicnicShetlerAgreement.doc
First Amendment to the Agreement for Funding _of
Picnic Shelters at Pelly Park and Central Little League _ Park, Page 2