MDD Resolution No. 362RESOLUTION NO. 362
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL
MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT CONTRACT WITH
THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR
A LOCATION FOR THE CONSTRUCTION OF MODEL HOTEL ROOM(S);
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 General Manager to execute the Interlocal Agreement Contract with the Goose
Creek Consolidated Independent School District for a location for the construction of model hotel
room(s). A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all
intents and purposes.
Section 3: 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 v e of the Board of Directors of the
Baytown Municipal Development District, this the 1st day of Novem , 2018.
A T:
ETICIA BRYS ' , As ant Secretary
APPROVED AS TO FORM:
i°9
NACIO RAMIREZ, SR. G neral Counsel
llcobfs0l%legallkaren�files.city councd\municipel development distnct\resolutions\2018\november\mdd resolution for bayland marina and channels dredging project doc
Contract No.
THE STATE OF TEXAS §
COUNTY OF HARRIS §
INTERLOCAL AGREEMENT CONTRACT
THIS CONTRACT AND AGREEMENT (the "Agreement") is entered into by and between the
Local Government agencies shown below as Contracting Parties, pursuant to the authority granted
and in compliance with the provisions of the following:
• Interlocal Cooperation Contract, Chapter 791, Texas Government Code
I. CONTRACTING PARTIES:
The Receiving Agency (Hereinafter referred to as "GCCISD"):
Name: Goose Creek CISD
Address: P. O. Box 30
City, State, Zip: Baytown, TX 77522
The Performing Agency (Hereinafter referred to as "MDD")
Name: Baytown Municipal Development District
Address: P.O. Box 424
City, State, Zip: Baytown, TX 77522
H. PURPOSE: The purpose of this Agreement is to provide for a location for the model
hotel room(s) for the Bayland Island Hotel and Conference Center while providing work -
based learning opportunities for the students of GCCISD.
III. TERM AND TERMINATION:
a. The MDD will utilize the facility at 601 Lee Dr., Baytown, Texas (FACILITY) to
build or cause to be built temporary model hotel room(s) for the purpose of pre -
selling reservations for the Bayland Island Hotel and Conference Center. The
MMD will maintain use of the facility for 24 months unless this Agreement is
terminated, extended or renewed through an amendment.
b. Either Party shall have the right to terminate this Agreement if the other Party
breaches any portion of this Agreement; provided the non -breaching Party has
given the breaching party thirty (30) days' written notice of the default and
provided at least thirty (30) days to cure the default described in the notice. If the
breach is cured during the cure period, this Agreement will remain in full force
and effect; otherwise, the non -breaching party may terminate this Agreement. If a
Party exercises this option, the Parties agree to make reasonable efforts to ensure
timely vacating of the FACILITY.
IV. RIGHTS: The NIDD shall have full access to the facility for the term of this
Agreement. GCCISD shall retain access to the facility.
V. DUTIES:
a. The NIDD shall absorb all costs associated with the building of the model hotel
room(s), including utilities.
b. The NIDD shall require partnering companies to collaborate with GCCISD to
provide work -based learning opportunities for students during this Agreement
term and shall maintain the expectation that the hotel and conference center will
continue providing these opportunities to GCCISD students.
c. GCCISD shall continue to maintain the landscape of the facility, excluding any
areas landscaped as part of this project.
d. The FACILITY shall be returned to its original state, normal wear and tear
excepted, immediately upon the ending of this Agreement, barring any future
agreement with GCCISD for retaining the structure for educational purposes.
e. No Party shall assume the liability for the duties and/or responsibilities under
control of the other Party or for the actions of their respective officers, agents,
employees, or other persons of the oth\er Party allowed or permitted at the
FACILITY.
f. To the extent allowed by Texas Law, nothing in this Agreement shall be
construed so as to limit or waive the sovereign immunity of the NIDD or
GCCISD.
VI. FUNDING: The NIDD shall reimburse GCCISD for the cost of utilities at the
FACILITY throughout the term hereof. These payments must be made from current
revenues.
VII. FERPA: The NIDD, and its partners, understand that any unauthorized disclosure of
confidential student information is illegal as provided in the Family Educational
Rights and Privacy Act of 1974 (FERPA) and in the implementing federal regulations
found at 34 CFR, Part 99. The NIDD, and its partners, understand that any personal
characteristics of a student that could make the student's identity traceable are
protected. In addition, the NIDD, and its partners, understand that any data sets or
output reports that GCCISD may generate using confidential data are to be protected.
The NIDD, and its partners, will not distribute to any unauthorized person any data
sets or reports using confidential data, nor disclose any data analysis or report to any
party without the consent of GCCISD. Failure to observe these restrictions is
prohibited by Texas Government Code §552.352.
z
presented personally or mailed by certified mail, return receipt requested, addressed
to:
GCCISD- Goose Creek CISD
Superintendent
P.O. BOX 30
Baytown, Texas 77522
MDD: Baytown Municipal Development District
General Manager
P.O. Box 424
Baytown, Texas 77522
IX. NO JOINT VENTURE: This Agreement is not intended to, and shall not be construed
to, create any joint enterprise between the parties.
X. CHOICE OF LAW/VENUE: The terms of this Agreement shall be governed by and
construed in accordance with the laws of the State of Texas and venue for all
purposes shall be in Harris County, Texas.
Agreed on , 2018.
Baytown Municipal Development Goose Creek CISD
District
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