MDD Resolution No. 369RESOLUTION NO. 369
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 THE BRUNSON THEATER
REDEVELOPMENT PROJECT; AUTHORIZING PAYMENT OF AN ADDITIONAL
AMOUNT NOT TO EXCEED TWENTY-FOUR THOUSAND THIRTY-TWO AND
80/100 DOLLARS ($24,032.80); 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 fmdings 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 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 TWENTY-FOUR THOUSAND
THIRTY-TWO AND 80/100 DOLLARS ($24,032.80) 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 of the Board of Directors of the
Baytown Municipal Development District, this the 7t"' day of February, 2019.
A ST:
LETICIA BRYSC sistant Secretary
APPROVED AS TO FORM:
20
ACIO RAMIREZ, SR., Ge r Counsel
-0
LAURA ALVARADO, Presiding Officer
%cobfs0111ega11Karen\Files%City CouncilNunicipal Development District•.Resolutions\2019%February•Brunson2ndAmendment2interlocalResolution.doc
Exhibit "A"
SECOND AMENDMENT TO THE
AGREEMENT FOR FUNDING THE BRUNSON REDEVELOPMENT
PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Second Amendment ("Second Amendment") to that certain Interlocal Agreement for
Funding of the Brunson Redevelopment Project (the "Agreement") effective on July 6, 2018, 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, on December 7, 2018, the District and the City amended the Agreement to increase
funding for the Project by an amount not to exceed THIRTY SEVEN THOUSAND EIGHT HUNDRED
FIFTY-SEVEN AND 60/100 DOLLARS ($37,857.60) (the "First Amendment"); and
WHEREAS, the District and the City desire to amend the Agreement for additional funds (i) to
add additional bracing at the roof deck, (ii) to frame, sheath, insulate, and paint the outer wall in offices 2
and 3, and (iii) to furnish and install conduit riser for incoming phone/data in an amount not to exceed
TWENTY-FOUR THOUSAND THIRTY TWO AND 80/100 DOLLARS ($24,032.80);
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 ONE MILLION THREE HUNDRED EIGHTY-FIVE THOUSAND
EIGHT HUNDRED NINETY AND 40/100 DOLLARS ($1,385,890.40).
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
Second Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Project, Page 1
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 February, 2019.
CITY OF BAYTOWN BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
_______________________________
RICHARD L. DAVIS
City Manager
___________________________________
BRANDON CAPETILLO
President
ATTEST: ATTEST:
_______________________________ ____________________________________
LETICIA BRYSCH LETICIA BRYSCH
City Clerk Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________________ ____________________________________
IGNACIO RAMIREZ, SR. IGNACIO RAMIREZ, SR.
City Attorney General Counsel
\\cobfs01\legal\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2018\SecondAmendment2BrunsonRedevelopmentProject.doc
Second Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Project, Page 2