MDD Resolution No. 247RESOLUTION NO. 247
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL
MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO
THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE
CITY OF BAYTOWN FOR FUNDING INSPECTION FEES ASSOCIATED WITH
THE TRAFFIC SIGNAL AND MITIGATION AGREEMENT AMONG THE CITY OF
BAYTOWN, TRAAZ PROPERTIES, LLC, AND BCHPW DEVELOPMENT LP;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED THIRTY -EIGHT
THOUSAND AND NO 1100 DOLLARS ($38,000.00); 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 General Manager to execute and the Assistant Secretary to attest to the First
Amendment to the Interlocal Agreement with the City of Baytown for funding inspection fees associated
with the Traffic Signal and Mitigation Agreement among the City of Baytown, TRAAZ Properties, LLC,
and BCHPW Development LP. A copy of the amendment is attached hereto as Exhibit "A," and made a
part hereof for all intents and purposes.
Section 3: That the Board of Directors of the Baytown Municipal Development District
hereby authorizes the payment of an amount not to exceed THIRTY -EIGHT THOUSAND AND NO /100
DOLLARS ($38,000.00) to the City of Baytown in accordance with the agreement referenced in Section
2 hereof.
Section 4: This resolution shall take effect immediately
Board of Directors of the Baytown Municipal Development District.
INTRODUCED, READ and PASSED by the affirmative
Baytown Municipal Development District, this the 6h day of Novei
A ST:
ETICIA BRYSCH, As ' ant Secretary
Icn=°
after its passage by the
the Board of Directors of the
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14. November\ ResolutionApproveFvstAmendment2Agreement4TraflicSignal &Mitigation doc
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FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING
A PORTION OF THE
INSPECTION FEES ASSOCIATED WITH THE TRAFFIC SIGNAL AND
MITIGATION PROJECT
STATE OF TEXAS § •
COUNTY OF HARRIS §
THIS First Amendment ("First Amendment")to that certain "a Portion of the Inspection Fees associated
with the Traffic Signal and Mitigation Project"(the"Agreement")effective July 3, 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.
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 a Portion of the
Inspection Fees associated with the Traffic Signal and Mitigation Project; 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 THIRTY-EIGHT THOUSAND
AND NO/100 DOLLARS($38,000.00);
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 EIGHTY-EIGHT THOUSAND AND NO/100 DOLLARS
($88,000.00). 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.
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
First Amendment to the Agreement for Funding of a Portion of
the Inspection Fees associated with the Traffic Signal and Mitigation Project,Page 1
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conflict or inconsistency between the provisions of this First Amendment and the
provisions of the Agreement,the provisions of this First Amendment shall control.
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 6th day of ember,2014.
CITY OF BAYTOWN BAYTO CIPAL
DEVEL NT DISTRICT
OBERT D. LEIPER ST P . DONCARLOS
City Manager P 'dent
A T: ATTE T:
ETICIA BRYSCH LETICIA BRYSCH
City Clerk Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
ACIO RAMIREZ, SR. ACIO RAMIREZ, SR.
City Attorney General Counsel
oitiiusinot
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R.\Karen\F,les\City Council\Municipal Development District\Contracts\Contracts 2014\FtrstAmendment2theTrafficSignal&MitigationProject doc
First Amendment to the Agreement for Funding of a Portion of
the Inspection Fees associated with the Traffic Signal and Mitigation Project,Page 2