Ordinance No. 13,320ORDINANCE NO. 13,320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT FOR FUNDING OF PIRATES BAY WATER
PARK AQUA LOOP PROJECT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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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 for Funding of Pirates Bay Water Park Aqua Loop Project with the Baytown
Municipal Development District. 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. Z7
INTRODUCED, READ and PASSED by the affirmative v to of the City Council of the
City of Baytown this the 13th day of October, 2016.
DONCARLOS, Ma
ATTEST:
C L TI IA BRYSCH, Ci Clerk APPROVED AS TO FORM: 1 A
NACIO RAMIREZ, R City Attorney
+,l cobfs0111egal',Karen\Files,City Council\Ordinances\2016 `,October 13\ MDDIstAmendment4AquaL-oopProject .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 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 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:
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 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.
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 Loot) Proiect, 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
llcobfsOl '!legal',Karen%FileslCity CounciMunicipal Development District- Contracts,Conttacts 2016\FirstAmendment2AquaLoopCosts.doc
First Amendment to the Agreement for Funding of
Pirates Bay Water Park Aqua Loon Project, Page 2