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Ordinance No. 11,5880 RD IN A N C, F NC , 11,:5111 AN ORDINANCE OFT111"I" C'8°FY C01JNCIL OF —l`111", C,'TFY OFBAY'YOWN, TF.'XAS, AUTHORIZING TIIE� UTY MANAGER TO F',XE'(',LFFE� AND THE (,.,I'f'Y CLERK TO AT`1'111�1'ST 1`0 TI-11-1 FIRST AN1FNDM`NT TO THE INTERIA)CAL AGR,LIEMUINT' WITH I3A1 TOWN W.JNICIPAI, 8 EVI---`1,0PNII,`NT DISTRIUF FOR THE, TF,XAS AVE'NUE STRI."'T."I'SCAPE PROJECT; MAKING OTIER PR(I)VISIONS RELATED TII8 "1 FT0; AND PROVIDING BE IT ORDAINF-1) BY THE ("FIN COUNCIL OF T1-11,1' CITY OF" BAYTOWN. 'Fl-'XAS. Section 1: That the City Council of the City hereby authorizes the City Manager to CXCCLJte,111d the City Clerk to attest to the First Aniendnictit to the Interlocal Agreenient with the Baytown Municipal Developtrient District for theTexas Avenue Streciscape ProJect. A copy of'said amendinctit is attached hereto as I"I'Ahibit -A," and incorporated herein f'orall intents and purposes. Section 2: 'I'llis Ordinance Shall take elfect immediatel r a a .y fton-iandafte its 1). ss, ge by the City C ouncil ol'the City of'13.aytown. INTRODUCED, RE"AD and 8' ASS1,11 by the at'l-irmative'vote of le City COUncil c>8` the City of'Baylown this the 24'h day ol'February, 2011. APPROVED AS TO FORM: e, 41i r, A- CI RA R' 'I wo 14) 1 eA'C it v Cmam'd Ordmauccs'20 I I Tebnmo� 2 VN I dov ST011,11IN M-')ONCARLOS, klayor Exhibit "A" FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING OF THE TEXAS AVENUE STREETSCAPE PROJECT STATE OF TEXAS COUNTY OF HARRIS This First Amendment ( "First Amendment ") to that certain Agreement for Funding of the Texas Avenue Strcetscape Project (the "Agreement ") 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 ") is made by and between the same parties on the date hereinafter last specified. WITNESSETH WHEREAS, the City and the District did enter into an Agreement for Funding of the Texas Avenue Streetscape Project on February 3, 2011 ( "Contract "); and WHEREAS, due to the nature of the Texas Avenue Streetscape Project (the "Project "), additional monies will be necessary to see the project through to completion, including material testing services, safety lighting, and construction unknowns, which are likely to be found during and after excavation; and WHEREAS, the City and the District desire to see the Project through to completion and to provide necessary funding for the same; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree 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. Amendment. Section 5 "Funds to be provided by the District' of the Agreement shall be amended to read as follows: Section S. 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 FIVE HUNDRED TEN THOUSAND AND NO 1100 DOLLARS ($510,000.00). 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. 3. Entire Agreement. The provisions of this First 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 First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control. First Amendment to the Agreement for Funding of the Texas Avenue Strectscage Project. Page 1 IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original and effective on the _ day of March, 2011, the date of the execution of the Contract by the City Manager. CITY OF BAYTOWN ROBERT D. LEIPER City Manager ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. General Counsel RAkarenTilesTity CounciRlAtmicipal Development DistrictTontractsTontraets 2011\ FirstAmendment2TexasA -,tnueStreetscapeFundingAgreement .doe First Amendment to the Agreement for Funding of the Texas Avenue Streetscape Project, Page 2