MDD Resolution No. 335RESOLUTION NO. 335
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 THE CITY OF BAYTOWN FOR FUNDING OF IMPROVEMENTS TO THE
EVERGREEN PARK CLUBHOUSE; AUTHORIZING PAYMENT OF AN
ADDITIONAL AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND
AND N0/100 DOLLARS ($110,000.00); 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 fords 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 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 TEN
THOUSAND AND NO/100 DOLLARS ($110,000.00) to the City of Baytown in accordance with the
agreement referenced in Section 2 hereof.
Section 4: This resolution shall take effect immediately frpy and after its passage by the
Board of Directors of the Baytown Municipal Development District. //
INTRODUCED, READ and PASSED by the affirmative v e of the Board of Directors of the
Baytown Municipal Development District, this the 70' day of June, $18.
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APPROVED AS TO FORM:
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NACIO RAMIREZ, SR., G 1 Counsel
R: Karen Files City Council Municipal Development District\Resolutions\2018Uune\SecondAmendment2EvergreenFarkClubhouselmprovementslnterlocalResolution doc
Exhibit "A"
SECOND AMENDMENT TO THE
AGREEMENT FOR FUNDING OF
IMPROVEMENTS TO THE EVERGREEN PARK CLUBHOUSE
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to that certain Interlocal Agreement for
Funding of Improvements to the Evergreen Park Clubhouse effective on October 1, 2017 (the
"Agreement"), 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; and
WHEREAS, District and City entered into the First Amendment to the Agreement for Funding of
Improvements to the Evergreen Park Clubhouse to provide additional funding of the Project; however,
still more finding 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 additional amount not to exceed ONE HUNDRED
TEN THOUSAND AND NO/100 DOLLARS ($110,000.00);
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 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 FIVE HUNDRED SIXTY
THOUSAND AND NO/100 DOLLARS ($560,000.00). 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.
Second Amendment to the Agreement for Funding of
Improvements to the Evergreen Park Clubhouse, Page 1
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
provided that, in the event of any conflict or inconsistency between the provisions of this
Second Amendment and the provisions of the First Amendment and /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 June, 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
ATTEST:
LETICIA BRYSCH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
General Counsel
%%cobfs0l\legalkkeren�files\city councihmunicipal development district\contracts�contiacts 2018\secondatnendment2evercreenclubhousecontmct.doc
Second Amendment to the Agreement for Funding of
Improvements to the Evergreen Park Clubhouse, Page 2