MDD Resolution No. 299RESOLUTION NO. 299
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 FOR FUNDING OF PIRATES BAY WATER PARK AQUA
LOOP PROJECT WITH THE CITY OF BAYTOWN; AUTHORIZING
PAYMENT OF AN ADDITIONAL AMOUNT NOT TO EXCEED FOUR
HUNDRED FIFTY THOUSAND AND NO/ 100 DOLLARS ($450,000.00);
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 for Funding
of Pirates Bay Water Park Aqua Loop Project with the City of Baytown. 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 the payment of an additional amount not to exceed FOUR HUNDRED FIFTY
THOUSAND AND NO /100 DOLLARS ($450,000.00) to the City of Baytown in accordance with the
amendment referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediately YX and after its passage by the
Board of Directors of the Baytown Municipal Development District.
ffi
INTRODUCED, READ and PASSED by the affirmative de of the Board of Directors of the
Baytown Municipal Development District, this the 11 tb day of Oct e 2016.
S PHE1�T DONCARLOS, President
ATT ST:
7 6Vatb��h�i.
LETICIA BRYSCH, sistant Secretary a —Nic
s
APPROVED AS TO FORM:
I
NACIO RAMIREZ, SR., Gen r l - ounsel
cobfs0l Uegat'•KareniFiles +City CounciMunicipal velopment District Resolutions\201 G October l stAmendment2AquaLoopinterlocalResolution .doc
Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF
PIRATES BAY WATER PARK AQUA LOOP PROJECT
STATE OF TEXAS
COUNTY OF HARRIS §
This First Amendment ( "First Amendment') to that certain Interlocal Agreement for Funding of
Pirates Bay Water Park Aqua Loop Project (the "Agreement') effective On October 1, 2016, 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 Funding of Pirates Bay Water Park
Aqua Loop 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 FOUR HUNDRED FIFTY
THOUSAND AND NO /100 DOLLARS ($450,000.00);
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, it is agreed as follows:
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 SEVEN HUNDRED THOUSAND AND NO /100
DOLLARS ($700,000.00). 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.
First Amendment to the Agreement for Funding of
Pirates Bay Water Park Aqua L000 Project, 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 day of 12016.
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
C scobfs0141egallKarenlFileslCity Council\Mtmicipal Development Districr ContractslContracts 2016\FirstAmendment2AquaLoopCosts .doc
First Amendment to the Agreement for Funding of
Pirates Bay Water Park Aqua Loop Proiect, Page 2