Ordinance No. 13,106ORDINANCE NO. 13,106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT FOR THE TOWN SQUARE PHASE II
PROJECT; 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 Interlocal
Agreement with the Baytown Municipal Development District for the Town Square Phase II
Project. A copy of said amendment 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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 14th day of January, 2016.
AT ST:
LETICIA BRYtCH,LC4ty Clerk
APPROVED AS TO FORM:
N SR., y Attorney
TERRY SAIN, o Pro Tern
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R:\KarenlFileslCity Council %Ordinances\2016Uanuary 14\ MDDlstAmendment 2TownSquarePhasellProject.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 Funding of the
Town Square Phase II Project, 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 N01100 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:�'Karen'•Files�City Council\Municipal Development District`•Contracts +•Contracts 2016' 1stAmendment 2TownSquarePhasellProjectContract .doc
First Amendment to the Agreement for Funding of the
Town Square Phase II Project, Page 2