Ordinance No. 9,872ORDINANCE NO. 9872
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE
BAYTOWN M JNICIPAL DEVELOPMENT DISTRICT TO PROVIDE
ADDITIONAL FUNDING FOR ADDITIONAL IMPROVEMENTS TO AND
CONSTRUCTION MANAGEMENT SERVICES FOR THE WAYNE GRAY
SPORTS COMPLEX PROJECT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute and the City Clerk to attest to the Second Amendment to
the Interlocal Agreement with the Baytown Municipal Development District to provide
additional funding for additional improvements to and construction management services for the
Wayne Gray Sports Complex. A copy of the Second Amendment is attached hereto as Exhibit
"A," and made a part hereof 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 vote of the City Council of the
City of Baytown this the 9`h day of September, 2004.
CALVIN MUNDINGER, Mayor
ATTEST:
On-
G W. SMITH, City Clerk
APPROVED AS TO FORM:
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ACID RAMIREZ, SR., Attorney
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• SECOND AMENDMENT
TO THE
AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX
RENOVATION PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment ( "Amendment') to that certain "Agreement for the Construction of the Wayne Gray
Sports Complex Renovation Project" as amended (the "Agreement ") between the CITY OF BAYTOWN, a
municipal corporation located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government
Code, as amended, (the "Act ") and located in Hams County, Texas, (the "District ") is made by and between
the same parties and shall be effective on October 1, 2004.
WITNESSETH:
WHEREAS, on September 12, 2002, the Board of Directors of the District (the "Board's approved an
lnterlocal Agreement with the City of Baytown to provide funding in an amount not to exceed TWO
HUNDRED TWENTY -FOUR THOUSAND AND NO 1100 DOLLARS ($224,000.00) for the design of
improvements to the Wayne Gray Sports Complex; and
WHEREAS, the City expended TWO HUNDRED NINETEEN THOUSAND AND NO /100
DOLLARS ($219,000.00) for the professional fees for the design of the improvements; and
WHEREAS, on December 4, 2003, the Board approved an Interlocal Agreement with the City of
Baytown to provide funding in an amount not to exceed ONE MILLION NINE HUNDRED SIXTY -SIX
THOUSAND AND NO 1100 DOLLARS ($1,966,000.00) for construction of the improvements; and
WHEREAS, because the bids for construction of the improvements exceeded the funding authorized
by the Board, the Board amended the contract to provide additional funding in the amount of ONE
HUNDRED THOUSAND AND NO / 100 DOLLARS ($100,000.00); and
WHEREAS, the Board now desires to increase the scope of the project by adding a 60 -foot x 100 -
foot covered open -air pavilion and an additional 102 -space parking lot; and
WHEREAS, the Board additionally desires to provide construction management services for the
project to oversee the construction of the project;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto.do hereby mutually agree as follows:
Unless a different meaning clearly appears from the context, words and phrases as used in this
Amendment shall have the same meanings as in the Agreement.
•
® II.
•
Section 2 "Description of Program" of the Agreement is hereby amended,to read as follows:
Section 2. Description of Program.
The City, with the assistance of the District as herein specified, agrees to construct
and administer all contracts incident to the renovation of the Wayne Gray Sports Complex
(the "Project "). More specifically, the Project will consist of renovating the existing
complex and expanding the facility on the North Main Property, including the following:
➢ the renovation of the four -field complex for the youth softball;
➢ the construction of four new adult softball fields;
➢ the construction of concession/restroom facilities;
➢ the construction of a large pavilion and other park facilities including trails, site
lighting, and landscaping;
➢ a 60 -foot x 100 -foot covered open -air pavilion; and
➢ an additional 102-space parking lot.
The City shall with its funds and the funds provided by the District, have the project
constructed according to the plans and specifications approved by the City and shall employ
a construction manager to oversee the Project.
III.
Section 5 "Funds to be provided by the District" of the Agreement is hereby amended to read
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 TWO
MILLION SIX HUNDRED FORTY -ONE THOUSAND AND NO /100 DOLLARS
($2,641,000.00). 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.
IV.
The provisions of this 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 Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each
of which shall be deemed to be an original, but all of which shall constitute but one and the same amendment,
this day of September, 2004.
CITY OF BAYTOWN
GARY JACKSON
City Manager
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
CALVIN MUNDINGER
President
• ATTEST:
•
GARY W. SMITH
City Clerk
APPROVED AS TO FORM:
I ACIO RAMIREZ, SR.
City Attorney
ATTEST:
GARY W. SMITH
Assistant Secretary
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.
General Counsel
kZdc2Vitigmion\Kw=%Fi1e3tCi1y CounciNMunicipsl Development District% SecondAmcndmem2AGRE EMENT4CONSTRUCnONWAYNEGRAYSPORTSCOMPLEX4KMgmt .da
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SECOND AMENDMENT
TO THE
AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX
RENOVATION PROJECT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment("Amendment")to that certain"Agreement for the Construction of the Wayne Gray
Sports Complex Renovation Project"as amended(the"Agreement")between the CITY OF BAYTOWN,a
municipal corporation located in Harris and Chambers Counties, Texas, (the"City") and the BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government
Code,as amended,(the"Act")and located in Harris County,Texas,(the"District") is made by and between
the same parties and shall be effective on October 1, 2004.
WITNESSETH:
WHEREAS,on September 12,2002,the Board of Directors of the District(the"Board")approved an
Interlocal Agreement with the City of Baytown to provide funding in an amount not to exceed TWO
HUNDRED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($224,000.00) for the design of
improvements to the Wayne Gray Sports Complex; and
WHEREAS, the City expended TWO HUNDRED NINETEEN THOUSAND AND NO/100
DOLLARS ($219,000.00) for the professional fees for the design of the improvements; and
WHEREAS, on December 4, 2003, the Board approved an Interlocal Agreement with the City of
Baytown to provide funding in an amount not to exceed ONE MILLION NINE HUNDRED SIXTY-SIX
THOUSAND AND NO/100 DOLLARS ($1,966,000.00) for construction of the improvements; and
WHEREAS,because the bids for construction of the improvements exceeded the funding authorized
by the Board, the Board amended the contract to provide additional funding in the amount of ONE
HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); and
WHEREAS,the Board now desires to increase the scope of the project by adding a 60-foot x 100-
foot covered open-air pavilion and an additional 102-space parking lot; and
WHEREAS, the Board additionally desires to provide construction management services for the
project to oversee the construction of the project;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained,the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Amendment shall have the same meanings as in the Agreement.
II.
Section 2"Description of Program"of the Agreement is hereby amended to read as follows:
Section 2. Description of Program.
The City,with the assistance of the District as herein specified,agrees to construct
and administer all contracts incident to the renovation of the Wayne Gray Sports Complex
(the "Project"). More specifically, the Project will consist of renovating the existing
complex and expanding the facility on the North Main Property, including the following:
➢ the renovation of the four-field complex for the youth softball;
➢ the construction of four new adult softball fields;
➢ the construction of concession/restroom facilities;
➢ the construction of a large pavilion and other park facilities including trails, site
lighting,and landscaping;
➢ a 60-foot x 100-foot covered open-air pavilion; and
➢ an additional 102-space parking lot.
The City shall with its funds and the funds provided by the District, have the project
constructed according to the plans and specifications approved by the City and shall employ
a construction manager to oversee the Project.
III.
Section 5"Funds to be provided by the District"of the Agreement is hereby amended to read
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 TWO
MILLION SIX HUNDRED FORTY-ONE THOUSAND AND NO/100 DOLLARS
($2,641,000.00). 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.
IV.
The provisions of this 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 Amendment and the provisions of the Agreement,the provisions of this Amendment shall control.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment in multiple copies,each
of which shall be deemed to be an original,but all of which shall constitute but one and the same amendment,
this l Con day of September, 2004.
CITY OF BAYTOWN BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
GARY JAC CALVIN MUNDINGER
City Manager President
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ATTEST: ATTEST:
clfL i 1,t uA
GA Y" SMITH GA'Y . SMITH = _ - -
City-Clerk = := Assistant Secretary = - -
APPROVED AS TO FORM: APPROVED AS TO FORM:
ACIO RAMIREZ, SR. I NACIO RAMIREZ, SR
City Attorney General Counsel
•
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