MDD Resolution No. 275RESOLUTION NO. 275
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 THE TOWN SQUARE PHASE
H PROJECT; AUTHORIZING AN ADDITIONAL PAYMENT OF AN AMOUNT NOT
TO EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND AND NO/100
DOLLARS ($125,000.00); 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 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 the First Amendment to the Interlocal Agreement with the City
of Baytown for funding of the Town Square Phase H Project. A copy of said agreement 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 in an amount not to exceed ONE HUNDRED TWENTY -FIVE
THOUSAND AND N01100 DOLLARS ($125,000.00) to the City of Baytown in accordance with the
amendment referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediately "'c'n and after its passage by the
Board of Directors of the Baytown Municipal Development District. //
INTRODUCED, READ and PASSED by the affirmativte of the Board of Directors of the
Baytown Municipal Development District, this the 7`I' day of Jan ry 2016.
ATTEST:
ETICIA BRYSCH, AU tant Secretary
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Gen r Counsel
081F
President
R:%Karen\Files,City Council'.Municipal Development District Resolutions\2016Vanuary FirstAmendment2TownSquarePhasellProjectResolution .doc
Exhibit "A"
FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING
OF
THE TOWN SQUARE PHASE II PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ( "First Amendment ") to the Agreement for Funding of the Town Square
Phase II Project (the "Agreement ") effective October 1, 2015, is made by and between the CITY OF
BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the "City") and
the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas
Local Government Code, as amended, (the "Act ") and located in Harris County, Texas, (the "District ").
WITNESSETH:
WHEREAS, the District desires to promote new or expanded business development within its
boundaries; and
WHEREAS, the District and City entered into the Agreement for Funding of the Town Square
Phase II Project (the "Project "); and
WHEREAS, the City desires to have additional electrical, fencing, landscape and masonry work
performed in order to complete the Project; and
WHEREAS, the District is agreeable to amending the Agreement to provide funding for such
additional work subject to the terms and conditions stated herein;
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.
(a) 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 design
and construct the Town Square Phase II Project (the "Project "). The Project is the second
phase of development of a Town Square in the city-owned block bounded by Texas,
Gaillard, Pearce and Ashbel and includes the addition of walking trails, a stage, together
with landscaping, lighting, fencing and masonry work.
First Amendment to the Agreement for Fundine of the
Town Square Phase II Proiect, Page 1
(b) Section 5 "Funds to be provide 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
SEVEN HUNDRED TWENTY -FIVE THOUSAND AND NO /100 DOLLARS
($725,000.00). 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 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 contract in multiple copies,
each of which shall be an original and effective on the _ day of January, 2016.
CITY OF BAYTOWN
RICHARD L. DAVIS
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
R :\KarenTile§%City CouncilNunicipal Development District \Contracts +.Contracts 2016-• 1 stAmendment2TownSquarePhasellProjectContract .doc
First Amendment to the Agreement for Funding of the
Town Square Phase 11 Proiect, Page 2