MDD Resolution No. 328RESOLUTION NO. 328
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT
TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH CITY OF BAYTOWN FOR THE FUNDING OF
PROPERTY ACQUISITION COSTS RELATED TO THE SAN JACINTO
BOULEVARD PROJECT; AUTHORIZING PAYMENT OF AN ADDITIONAL
AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100
DOLLARS ($100,000.00); 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 Second Amendment to the Interlocal Agreement with City
of Baytown for the funding of property acquisition costs related to the San Jacinto Boulevard Project. 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 THOUSAND
AND N0/100 DOLLARS ($100,000.00) to the City of Baytown in accordance with the amendment
referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediately f Ifi and after its passage by the
Board of Directors of the Baytown Municipal Development District. V
INTRODUCED, READ and PASSED by the affirmative 94tj 94tof the Board of Directors of the
Baytown Municipal Development District, this the 8th day of Marcy, 2018.
A T:
L -1;d
LETICIA BRYSCH, AsNFSMretaryAs'
APPROVED AS TO FORM:
H, DONCARLOS, President
I ACIO RAMIREZ, SR., Genra Counsel
cobt's0I i legal•Kam Film City Council'•.Municipal Development District\Resolutionsi2018,Marohl2ndAmendment2PropertyAcquisition4sanlacintoPmkwaylnterlocalResolution.doc
Exhibit "A"
SECOND AMENDMENT TO THE
AGREEMENT FOR FUNDING
PROPERTY ACQUISITION COSTS FOR THE SAN JACINTO
BOULEVARD PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to that certain Interlocal Agreement for
Funding of Property Acquisition Costs for the San Jacinto Boulevard Project 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, the District and the City entered into the Agreement for Funding of Property
Acquisition Costs (the "Agreement") for the San Jacinto Boulevard Project (the "Project") effective
November 7, 2014; and
WHEREAS, on October 12, 2016, the District and the City entered into the First Amendment to
the Agreement (the "First Amendment") for additional funds for the Project; and
WHEREAS, the District and the City desire to enter into this Second Amendment for additional
funds necessary for the completion of the Project;
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 Second Amendment shall have the same meanings as in the First Amendment and 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 EIGHT HUNDRED FIFTY THOUSAND AND
N0/100 DOLLARS ($850,000.00). 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 Second Amendment and the provisions of the First
Amendment and the Agreement should be read together and construed as one agreement
Second Amendment to the Agreement for Funding of
Property Acquisition Costs for the San Jacinto Boulevard Proiect, Page 1
provided that, in the event of any conflict or inconsistency between the provisions of this
Second Amendment and the provisions of the First Amendment or the Agreement, the
provisions of this Second Amendment shall control.
IN WITNESS WHEREOF, the parties have made and executed this Second Amendment in
multiple copies, each of which shall be an original and effective on the _day of
.2018.
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
LETICIA BRYSCH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
General Counsel
\cobfs01 legal Y.arcaliiles.City CounciMlunicipal Development Distnct Contracts Contracts 201815=ndAmendment2SanlacintoBoulevardpmpertyAcquisitionCosts doc
Second Amendment to the Agreement for Funding of
Prooerty Acquisition Costs for the San Jacinto Boulevard Project, Page 2