MDD Resolution No. 243RESOLUTION NO. 243
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE THE FIRST AMENDMENT TO THEINTERLOCAL AGREEMENT
WITH THE CITY OF BAYTOWNFOR FUNDING OF THE DESIGN AND
CONSTRUCTION OF A SECOND CITY GATEWAY MONUMENT; AUTHORIZING
ADDITIONAL PAYMENT OF AN AMOUNT NOT TO EXCEED ONE HUNDRED
FIFTY THOUSAND AND NO 1100 DOLLARS ($150,000.00); 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 l: 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 the First Amendment to the Interlocal Agreement with the City
of Baytown for the Funding of the Design and Construction of a Second City Gateway Monument. 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 of the Baytown Municipal Development District
hereby authorizes an additional payment of an amount not to exceed ONE HUNDRED FIFTY
THOUSAND AND NO /100 DOLLARS ($150,000.00) to the City of Baytown in accordance with the
amendment referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediate[ con and after its passage by the
Board of Directors of the Baytown Municipal Development District
INTRODUCED, READ and PASSED by the affirmativ rote of the Board of Directors of the
Baytown Municipal Development District, this the 7" day of AVgust, 2014.
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APPROVED AS TO FORM:
1 / `
NAC10 RAMIREZ, SR., Gee I Counsel
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Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF
THE DESIGN AND CONSTRUCTION OF A SECOND CITY GATEWAY
MONUMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS First Amendment ( "First Amendment ") to that certain "Agreement for Funding of the Design and
Construction of a Second City Gateway Monument" (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 Hams and Chambers Counties, Texas, hereinafter called the "City" is made by and
between the same parties on the date hereinafter last specified.
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 the Design and
Construction of a Second Gateway Monument; however, additional funding is necessary for the
completion of the Project; and
WHEREAS, the District and the City desire to amend the Agreement for the additional funds
necessary for the completion of the Project up to an amount not to exceed ONE HUNDRED FIFTY
THOUSAND AND NO/ 100 DOLLARS ($150,000.00);
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, it is agreed as follows:
1. 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 5 "Funds to be provided by the District" of the Agreement is hereby
amended as follows:
Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in
furtherance of this Agreement, the District shall tender funds to the City in an
amount not to exceed FIVE HUNDRED THOUSAND AND NO 1100 DOLLARS
($500,000.00). All payments required to be made herein shall be payable on or
before 30 days after the District receives an invoice therefor from the City.
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.
First Amendment to the Agreement for Funding of
the Design and Construction of a Second City Gateway Monument, Page 1
IN WITNESS WHEREOF, the parties have made and executed this First Amendment in multiple
copies, each of which shall be an original and effective on the I" day of October, 2014.
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
the Design and Construction of a Second City Gateway Monument, Page 2