MDD Resolution No. 363RESOLUTION NO. 363
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 THE BRUNSON THEATER
REDEVELOPMENT PROJECT; AUTHORIZING PAYMENT OF AN ADDITIONAL
AMOUNT NOT TO EXCEED THIRTY-SEVEN THOUSAND EIGHT HUNDRED
FIFTY-SEVEN AND 60/100 DOLLARS ($37,857.60); 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 First Amendment to the Interlocal Agreement with the City
of Baytown for funding the Brunson Theater Redevelopment 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 THIRTY-SEVEN THOUSAND
EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($37,857.60) 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 ,qf the Board of Directors of the
Baytown Municipal Development District, this the 29th day of Nove er,. 2018.
�u
CHRIS PRESLEY, Vice President
A EST:
LETICIA BRYSCH, Assistant Secretary _` a
�,.GM1.c1 ^,•
APPROVED AS TO FORM:
ALIO RAMIREZ, SR.,a eral Counsel
1\cobfsOl11e8ai�KarenlFiles%City Council\Municipal Development District Resolutions\2018Wovember•BrunsonlstAmendment2InterlocalResolution.doc
Exhibit "A"
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING THE BRUNSON REDEVELOPMENT
PROJECT
STATE OF TEXAS
COUNTY OF HARRIS §
This First Amendment ("First Amendment") to that certain Interlocal Agreement for Funding of
the Brunson Redevelopment Project (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 the Brunson
Redevelopment Project; 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 THIRTY SEVEN
THOUSAND EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($37,857.60);
NOW THEREFORE, for and in consideration of the premises and mutual covenants herein
contained, it is agreed as follows:
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.
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 ONE MILLION THREE HUNDRED SIXTY-ONE THOUSAND
EIGHT HUNDRED FIFTY-SEVEN AND 60/100 DOLLARS ($1,361,857.60).
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
the Brunson Theater Redevelopment Project, 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 November, 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
l\cobf's0111egal\Karen\FileslCity CoundhMunicipal Development DistriaContractsZonttacts 2018\FirstAmendment2BrunsonRedevelopmentProjectdoc
First Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Proiect, Page 2