MDD Resolution No. 373RESOLUTION NO. 373
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE THE THIRD 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 ONE HUNDRED TWENTY-SIX THOUSAND EIGHT
AND 81/100 DOLLARS ($126,008.81); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
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 Third 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 ONE HUNDRED TWENTY-SIX
THOUSAND EIGHT AND 811100 DOLLARS ($126,008.81) 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 11"h day of April, 2019.
BRANDON CAPETILLO, President
A EST:
r � DEvrE`OA
ETICIA BRYSCH, Ass' nt Secretary
APPROVED AS TO FORM:
�rrnmlN�
,AM
ACIO RAMIREZ, SR., &ral Counsel
'.-cob&01,legal''•.Karen\Files%City CounciMunicipal Development District\Resolutions\2019\Febtuary Brunson2ndAmendment21nterlocalResolution.doc
Exhibit "A"
THIRD AMENDMENT TO THE
AGREEMENT FOR FUNDING THE BRUNSON REDEVELOPMENT
PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Third Amendment ("Third 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, on February 20, 2019, the District and the City amended the Agreement to increase
funding (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);
WHEREAS, the District and the City desire to amend the Agreement for additional funds for
moisture mitigation in an amount not to exceed ONE HUNDRED TWENTY-SIX THOUSAND EIGHT
AND 81/100 DOLLARS ($126,008.81);
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 Third Amendment shall have the same meanings as in the Second Amendment, 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 FIVE HUNDRED ELEVEN THOUSAND EIGHT
HUNDRED NINETY-NINE AND 21/100 DOLLARS ($1,511,899.21).
Third Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Project, Page 1
3. Entire Agreement. The provisions of this Third Amendment and the provisions of the Second
Amendment, 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 Third Amendment and the provisions of the Second Amendment, the First Amendment or
the Agreement, the provisions of this Third Amendment shall control.
IN WITNESS WHEREOF, the parties have made and executed this Third Amendment in
multiple copies, each of which shall be an original and effective on the __._day of April, 2019.
CITY OF BAYTOWN
RICHARD L. DAVIS
City Manager
LETICIA BRYSCH
City Clerk
U90:1611FA0 1103 0) 3 kriI
IGNACIO RAMIREZ, SR.
City Attorney
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
BRANDON CAPETILLO
President
ATTEST:
LETICIA BRYSCH
Assistant Secretary
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
General Counsel
COBFS01 Legal\Karen Files City Council\Municipal Development District Contracts Contracts 2019 ThirdAmendment2BrunsonRedevelopmentProject.doc
Third Amendment to the Agreement for Funding
the Brunson Theater Redevelopment Project, Page 2