Ordinance No. 10,081ORDINANCE NO. 10,081
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 THIRD
AMENDMENT TO THE AGREEMENT FOR THE CONSTRUCTION OF THE
WAYNE GRAY SPORTS COMPLEX RENOVATION PROJECT WITH THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO PROVIDE
ADDITIONAL FUNDING FOR THE RENOVATION AND EXPANSION OF
THE WAYNE GRAY SPORTS COMPLEX; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: 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 Third Amendment to
the Agreement for the Construction of the Wayne Gray Sports Complex Renovation Project. A
copy of the Third 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 91h day of June, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
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GXRV W. SMITH, City Clerk
APPROVED AS TO FORM:
9�L� -
eT(YNACIO RAMIREZ, SR., Attorney
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THIRD AMENDMENT
TO THE
AGREEMENT FOR THE CONSTRUCTION OF THE WAYNE GRAY SPORTS COMPLEX
RENOVATION PROJECT
STATE OF TEXAS
COUNTY OF HARRIS §
This Third Amendment ( "Third 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 N01100
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 1100 DOLLARS ($100,000.00) ( "the "First Amendment "); and
WHEREAS, thereafter, the Board amended the contract again to provide additional funding in the
amount of FIVE HUNDRED SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS ($575,000.00) 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 by adding construction management services to oversee the construction of the
project (the "Second Amendment "); and
WHEREAS, the Board now desires to amend the contract again in order to ensure the project is
timely completed (the "Third Amendment ");
NOW THEREFORE, for and in consideration of the mutdal 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.
EMIT A
•
II.
Section 2 "Description of Program" of the Agreement is hereby amended to read as follows:
Section 2. Description of Program.
follows:
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. The City shall endeavor to ensure that the
Project is finally completed prior to July 1, 2005.
III.
Section 5 "Funds to be provided by the District" of the Agreement is hereby amended to read as
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 SEVEN HUNDRED FIFTY -TWO THOUSAND FOUR HUNDRED TWENTY -
EIGHTY AND 41/100 DOLLARS ($2,752,42$.41). 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 together with the First
Amendment and the Second Amendment 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 Agreement or any prior amendments thereto, the provisions of this Amendment shall
control.
IN WITNESS WHEREOF, the parties hereto have executed tWs. 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 June, 2005.
CITY OF BAYTOWN
GARYJACKSON
City Manager
2
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
CALVIN MUNDINGER
President
® ATTEST:
•
GARY W. SMITH
City Clerk
APPROVED AS TO FORM:
t
4AO RAMIREZ, S
City Attorney
ATTEST:
GARY W. SMITH
Assistant Secretary
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.
General Counsel
R:UCa=\FileslCi,y Cou-- Municipal Development DistriciNContracts 2004 and prior Yearn\ ThirdAmendment2AGREEMENT4CONSTRUCTIONWAYNEGRAYSPORTSCOMpIEX .doc