Ordinance No. 11,442ORDINANCE NO. 11,442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. AUTHORIZING THE CITY MANAGER TO EXECUTE AND TI -IE
CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITI-I THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT REGARDING
FUNDING FOR IMPROVEMENTS TO UNIDAD PARK: MAKING OTHER
PROVISIONS RELATED THERETO: 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
the City Manager to execute and the City Clerk to attest to an Interlocal Agreement with the
Baytown Municipal Development District regarding funding for improvements to Unidad Park.
A copy of said agreement is attached hereto as Exhibit "A." and incorporated herein 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`f' day of September, 2010. 111-17 , / f
APPROVED AS TO FORM:
I 'NACIO RAMIREZ, SR., it} Attorney
DAVID MCCARTNEY Mavef -Ero Tvm
'.'..obsry l' Icg.d`,KarenTiles',City CouncillOrdinances� 2010 +September 9' biDDlnterloca l4UnidadParklmprovemcnts,doc
FIRST AMENDMENT TO THE
AGREEMENT FOR FUNDING FOR THE UNIDAD PARK TRAIL
PROJECT AND THE JENKINS PARK BRIDGE PROJECT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment to the Agreement for Funding for the Unidad Park Trail Project
and the Jenkins Park Bridge Project (hereinafter referred to as the "First Amendment") is made
this _ day of September, 2010, by and 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").
WHEREAS, the District and the City entered into Agreement for Funding for the Unidad
Park Trail Project and the Jenkins Park Bridge Project on the _ day of December, 2008 (the
"Contract"); and
WHEREAS, the District desires to contract with the City to provide, or cause to be
provided, additional improvements to Unidad Park; and
WHEREAS, the City is willing to provide such services under the terms and conditions
stipulated herein;
NOW, THEREFORE, in consideration of the foregoing and in consideration of the
mutual promises, covenants and agreements herein contained, which consideration is hereby
acknowledged and received as good and valuable consideration, and the parties agree hereto as
follows:
1. 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 Contract.
2. Amendments.
a. Section 2 "Description of Program" of the Contract shall be 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 construction of the
renovations of the Unidad Park trail and of the replacement of one of the
two foot bridges at Jenkins Park (the "Project").
The renovations at Unidad Park shall entail removing and replacing the
aging four -foot wide and 4,292-foot long concrete trail with a six-foot
wide concrete trail and constructing an additional picnic shelter.
The renovations at Jenkins Park shall entail removing and replacing one
of the two four -foot wide and 95-foot long pedestrian bridges with a six -
First Amendment to the Economic
Development Special Services Contract, Page 1
foot wide continental steel bridge. 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.
b. Section 5 "Funds to be provided by the District" of the Contract shall be
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 HUNDRED THIRTY-EIGHT
THOUSAND NINE HUNDRED AND NO/100 DOLLARS
($238,900.00). 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.
3. Entire Agreement. The provisions of this First Amendment and the Contract 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 Contract, the provisions of this First Amendment shall control.
4. Ambiguities. In the event of any ambiguity in any of the terms of this First Amendment,
it shall not be construed for or against any party hereto on the basis that such party did or
did not author the same.
5. Agreement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this First Amendment.
IN WITNESS WHEREOF, the parties have made and executed this 'rst Amendment in
multiple copies, each of which shall be an original and effective on the ♦ • ay of September,
2010, the date of signature by the City Manager.
CITY OF BA r WN
APPROVED AS TO FORM:
BAYTOW ICIPAL
DEVEL ' ' ENT 1 STRICT
EPHEN H��
resident G\
ATTE =
L TICIA G
Assistant Secret
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. - NACIO RAMIREZ, SR
City Attorney
R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2010\FirstAmendment2UnidadParkContract.doc
First Amendment to the Agreement for Funding for the
Unidad Park Trail Project and the Jenkins Park Bridge Project, Page 2
General Counsel