MDD Resolution No. 327RESOLUTION NO. 327
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 IMPROVEMENTS TO THE
EVERGREEN PARK CLUBHOUSE; AUTHORIZING PAYMENT OF AN
ADDITIONAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND
AND NO/100 DOLLARS ($150,000.00); 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 fmdings 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 Improvements to the Evergreen Park Clubhouse. 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 ONE HUNDRED FIFTY
THOUSAND AND N0/100 DOLLARS ($150,000.00) to the City of Baytown in accordance with the
agreement referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Municipal Development District.
INTRODUCED, READ and PASSED by the affirmative vote the Board of Directors of the
Baytown Municipal Development District, this the 1" day of February, 18.
A T:
ACL &K�
L TICIA BRYSCH, Assisf4t Secretary
APPROVED AS TO FORM:
1
NACIO RAMIREZ, SR., n ral Counsel
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Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING OF
EMPROVEMENTS TO THE EVERGREEN PARK CLUBHOUSE
STATE OF TEXAS §
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to that certain Interlocal Agreement for Funding of
Improvements to the Evergreen Park Clubhouse (the "Agreement") effective on October 1, 2017, 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 Improvements to the
Evergreen Park Clubhouse; 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 ONE HUNDRED FIFTY
THOUSAND AND N0/100 DOLLARS ($150,000.00);
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 FOUR HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($450,000.00). 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
Improvements to the Evergreen Park Clubhouse, 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 February, 2018.
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
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First Amendment to the Agreement for Funding of
Improvements to the Evergreen Park Clubhouse, Page 2