MDD Resolution No. 234RESOLUTION NO. 234
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH THE CITY OF BAYTOWN FOR FUNDING OF PICNIC SHELTERS AT
PELLY PARK AND CENTRAL LITTLE LEAGUE PARK; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT:
Section 1: 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 the 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 and the Assistant Secretary to attest to the First Amendment to
the Interlocal Agreement with the City of Baytown for the Funding of Picnic Shelters at Pelly Park and
Central Little League Park. A copy of said amendment is attached hereto as Exhibit "A," and
incorporated herein for all intents and purposes.
Section 3: 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 to of the Board of Directors of the
Baytown Municipal Development District, this the 24`h day of Jul , 2 14.
A ST:
E ILIA BRYSCH, A istant Secre
APPROVED AS TO FORM:
CigNACIO RAMIREZ, SR., G n ral Counsel
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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:
I . 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
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First Amendment to the Agreement for Funding of
Picnic Shelters at Pelly Park and Central Little League Park, Page 2