Ordinance No. 13,789ORDINANCE NO. 13,789
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 SECOND AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH THE MUNICIPAL DEVELOPMENT
DISTRICT FOR FUNDING OF IMPROVEMENTS TO THE EVERGREEN
PARK CLUBHOUSE; 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 Second Amendment to the
Interlocal Agreement with the Municipal Development District 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 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vqe of the City Council of the
City of Baytown this the 14th day of June, 2018.
ATTEST:
LETICIA BRYSCH, Lv4ty Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Attorney
DONCARLOS,
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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 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 additional amount not to exceed ONE HUNDRED
TEN THOUSAND AND N0/100 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 N0/100 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 nor 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
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Second Amendment to the Agreement for Funding of
Improvements to the Evergreen Park Clubhouse, Page 2