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MDD Resolution No. 85 RESOLUTION NO.85 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWNN' MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO AN AGREEMENT FOR FUNDING FOR THE PURCHASE OF 10.625 ACRES OF LAND LOCATED ADJACENT TO GOOSE CREEK STREAM AND WEST TEXAS AVENUE FROM CFTR-12,INC.;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT: Section l:That the Board of Directors of the Baytown Municipal Development District hereby finds that the expenditures authorized herein are for the planning of a development project,which satisfy the purposes for which the funds can be expended pursuant to Chapter 377 of the Texas Local Government Code and Section 4B(a),Development Corporation Act of 1979(Article 5190.6,Vernon's Texas Civil Statutes).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 and the Assistant Secretary to attest to an agreement with the City of Baytown to provide funding for the purchase of 10.625 acres of land located adjacent to Goose Creek Stream and West Texas Avenue from CFTR-12.Inc..A copy of the Agreement is attached hereto as Exhibit"A,"and made a part hereof for all intents and purposes. Section 3:That the Board of Directors of the Baytown Municipal Development District hereby authorizes the payment of an amount not to exceed THIRTY THOUSAND AND NO/100 DOLLARS(S30.000.00)to the City of Baytown in accordance with the agreement. 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 vo f the m er Board of Directors of the Baytown Municipal Development District,this the 7`h day of Dece 006. AX-X-� V-'y ST E DONCARLOS.President sistant Secretary 1 APPIcOVED AS TO FORM: (T'ACIO RAMIREZ.SR.,e feral Counsel R:Xaren\Files\City CouncihMunicipal Development District\Resolutions120061Decemberllnterlocal4Purchaseofll1.625AcresFromCFTR-12.doc AGREEMENT FOR FUNDING FOR 10.625 ACRES ADJACENT TO GOOSE CREEK STREAM AND WEST TEXAS AVENUE STATE OF TEXAS§ § COUNTY OF HARRIS§ This Agreement for Funding for the Jenkins Park Skate Facility Project(the "Agreement")is made as of the day of December,2006,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 and Chambers Counties.Texas,(the"District").For and in consideration of the mutual covenants herein contained,it is agreed as follows: Section 1.Representations and Warranties of District. a)The District is engaged in an on-going effort to provide new resources to plan, acquire.establish.develop,construct and/or renovate one or more development projects beneficial to the District,which includes the incorporated limits of the City lying within Harris County. b)The District covenants that it shall actively wort:to productively coordinate its activities with the City in an effort to reduce duplication of services. c)The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2.Description of Program. The City,with the assistance of the District as herein specified,agrees to purchase a 10.625-acre tract of land from CFTR-12,Inc.(the"Project")for development as a future park. Such property is located adjacent to Goose Creek Stream and West Texas Avenue and is more particularly described in Exhibit"A,"which is attached hereto and incorporated herein for all intents and purposes. Section 3.Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the terns of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this contract during the previous year along with a summary of expenditures for the previous fiscal year. Section 4.Approvals. The District understands,hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. EXHIBIT A Aareunent for Funding,for the Purchase of 10.625 Acres,Page I 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 THIRTY THOUSAND AND NO/100 DOLLARS(530.000.00).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. Section G.Term. This Agreement shall be effective from and after December 14,2006,and ending 30 days after final completion and acceptance of the Project by the City,unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7.Termination for Cause. A party may terminate its performance under this contract only upon default by the other party.Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party.Should such a default occur.the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this contract as of the 301h day following the receipt by the defaulting party of a notice describing such default and intended termination,provided:(1)such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default,or(2)such termination may be stayed,at the sole option of the party against whom the default has occurred,pending cure of the default. Upon the termination of this Agreement.both parties shall be relieved of their respective obligations herein stated.This Agreement shall not be subject to termination for convenience. Section 8.Force Majeure. Any prevention.delay,nonperformance,or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention,delay,nonperformance.or stoppage,except the obligations imposed by this Agreement for the payment of funds allocated for the Districts programs.The causes referred to above are strikes.lockouts,labor disputes. failure of power.acts of God.acts of public enemies of this State or of the United States,riots. insurrections.civil commotion,inability to obtain labor or materials or reasonable substitutes for either,governmental restrictions or regulations or controls.casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9.Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City,the City hereby agrees to refund all unexpended,unappropriated monies previously paid by the District to the City pursuant to this Agreement.If at the time of termination the District owes the City monies,the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District,the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. AL-reement for Funding for the Purchase of 10.625 Acres,Page 2 Section 10.Parties in Interest. This contract shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11.Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce,by an appropriate remedy,strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12.Compliance with Applicable Laws. The parties hereto shall comply with all rules,regulations,and laws of the United States of America,the State of Texas,and all laws,regulations.and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13.Choice of Law;Venue. This contract is subject to and shall be construed in accordance with the laws of the State of Texas.the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction.This contract is performable in Harris County,Texas. Section 14.Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or.if earlier,on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed(certified mail,return receipt requested)addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn:President.Board of Directors P.O.Box 424 Baytown,Texas 77522-0424 Fax:(281)420-6586 City City of Baytown Attn:City Manager P.O.Box 424 Baytown,Texas 77522-0424 Fax:(281)420-6586 Agreement for Fundin_for the Purchase of 10.625 Acres Page 3 Section 15.audits. The City and the District may,at any reasonable time,conduct or cause to be conducted an audit of the other parties'records and financial transactions.The cost of said audit will be borne by the entity requesting the audit.The City and the District shall make available all of its records in support of the audit. Section 16.:ambiguities. In the event of any ambiguity in any of the terms of this contract,it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17.Captions. The captions of the sections and subsections,if any.of this Agreement are for convenience and ease of reference only and do not define,limit..augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18.Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties.Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19.Assignment or Transfer of Rights or Obligations. The City shall not sell,assign,or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20.Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable,such determination shall not affect any other term of this Agreement,which shall continue in full force and effect. Section 21.Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF,the parties have made and executed this contract in multiple copies,each of which shall be an original. CITY OF BAYTOWN BA1'TONV 1\ICIPAL DEVELO NT DISTRICT GARY JACKSON ST l IEN 11.DONCARLOS City Manager P sident Agreement for Funding.for the Purchase of 10.625 Acres,Page 4 ATTEST:ATTEST: LORRICOODY LORRICOODY City Clerk Assistant Secretary APPROVED AS TO FORN/I:APPROVED AS TO FORM: jNACIO RAMIREZ,SR.qMACIO RAMIREZ,SR. City Attorney General Counsel R.KwciAFiics',Ckt Counc&'Munrcipal Development District`.Contracts?006%Purchascofcri'RPropenyProjecilnterlocal.doc Aurcement for Funding for the Purchase of 10.625.Acres.Page 5 L1�1���oU6 Ttih:11:21 F.0 214730421U C0H:9G.\1T1ES FUND OF TES F=7 MAtj Being 10.625 acres of land in the EaryGy Whiting Sur,,--y,Akst.:act No.840, City of Fa rr^wn,Barris County,Te--,and being a portion of mat_.2.53 acre `Tract'fond Tract"in a:.eei recordec under Harr,s County Clerk's File No.5-257751,said 10.625 acre tract being mc)r_particularly des::-aJ metes and becnds as follows: CC"MiCnr.at a 1!2"i,--on rod round in the SoLt:rwesterly 1-_of'nest^eras Avenue,at t`--most easta-rly Northeast corner of said 12.53 acre tract,ana at t`,.e Northeast cor.-er of a 1.689 acre tract•:esc ibed in a Deed recorded ix-der Ea-iris City Clerk's File No...-2G92?a; North 68!ieg.41'00"nest,255.00 feet along the Southwesterly line oz West Te-tas Avenue,along the\-ortherly li.-te ct said 12.53 acre-act,-and along t.-e Northerly line cf said 1.689 acre tract to a cross found=t i.-r cortc.:ete at t.'x Northuest corn:of said 1.689 acre t.:act,and at the most northeriv Northeast corner and PO:n OF BDGL`V=Q of the herein described tract,- THENCE South 21 deg.19,00"West,156.42 feet,alcrg z e Westerly line of sa-d 1.689 acre tract to a 5/8"iron rod set for corner,- ry Scuti 63 deg.17'19"west,at 132,47 feet found a cross cat In cor-rrete at th--rmst Nort,.erly corner of the'^att's Cafeteria tract and a 4 corner of said 12.53 acre tract and contitning Sou}.h 63 aeg.17,19"west, along the tiort:^-esterly line of the said Wyatt's Cafeteria Tract and along a Sout-'easterly lire of the said 12.53 acre tract for a total distance of 342.67 feet to a 1/2'Lon rx foursi at the rms-t Westerly corner of the said Wyatt's Ca.feceria Tract-and at a corner of the said 12.53 acre tract; Li T:02,10E south 26 deg.50'36"Fast,274.81 feet along the southwesterly line of the said Wyatt's Cafeteria Tract and along a Northeasterly iLne of the said 12.53 acre tract to a 1/2"iron rod found at the most northerly corner of the Mwe Franca Is Tract and at a-corner of the said 12.53 acre tract; TEUXE South 63 deg.IV 00"crest,150.00 feet along the Nort:'�esterly line or ': the same Mama Franca's Tract and along a Southeasterly line of the said 12.53 acre tract to a 5/8"ixon rod set at the most westerly corner of the said Mao rr;;aca's Tract and at a cozier of the said 12.53 acre tract; TEMICE South 26 deg.45'00"East,50.00 feet along the Southwesterly line of the said Mama Franca's Tract and along a Northeasterly line of the said 12.53 acre tract to a 5/84 iron rod set at the most Northerly ccrner of the Monterrey Sot,Tract and at a corner of the said 12.53 acre tract; T3ENCE South 63 deg.02'05"west,along the Northwesterly line of the said Monterrey Ecuse tract.and along a Sout,&aste_rly line of said 12.53 acre tract, at 1.5.06 feet begin crossing the water in a branch of Goose Creek,at 55.84'- feet leave said water arri at a total distance of 195.16 feet a 5/8"iron rod set at the nest'?0sterly corner of the said Monterrey House Tract and at a corner of the said 12.53 acre tract; TFM10E North 26 deg,45'00"West,25.00 feet along the Northeasterly liti_of the Service Center-of Baytown,T_na.,tract and along a Southwesterly line of CcntinLed or next page ►1/14:ZUUO IL"_11-.r.1.1 L,41J6.-:u vss:�.•,_.21d rvt..v yr_ca g,vuo a0NM_a IU4 OF E-YRIHIT the said 12.53 acre tract of a 5/8";son and set at the most hcrtherly corner L: of the said Service Center of Baytown,c.,tract and at a=riser of t.:e said 12.53 acre tact; TEENC✓South 63 deg.15'00"west,128.53 feat along the Nortues erly line of said Servics Center of Bayt^wn,im.,tract and-along a Southeasterly line of the said 12.53 acre tract ro a 5/8"iron rod set at'the most ises-_--'y corner of the said Service Canter cf Baytown,Irv.tract and at the=st Scttherly corner cf the sail 12.53 acre tract and of the herein descr-:.x tract,said Lmn--oc is i.n t!.e centerline of a 20 foot wide ale Pipe Une canFany easemeant and in z!7.e Northeasterly line of the Oariel Pericns 0.19 acre tract, said iron rod Being North 47 deg.58'00"Vest,134.09 feet alcrg t e said centerline from a 1l2"iron found in the.`orthwestewrly lire of w.arket St_eet Roan; TEENCE Mcrth 47 deg.58'00"West,along the said centerline,along the Northeast.-ariv line of said 0.19 acre--Tact,and along a Sc zths,est ezrly line of he said 1.53 acre tract,at 9.71 feet pass the most Norherly corner of said 0.19 acre tract and ccntinui.ag worth 47 deg.58'00'West,along t:.e said centerline and the said SouUur�ly li_aA--,at 94.34 feet hec_n czrossing zi e wa--er i."1 Goose Creek and at a total dista.-rz of 228.17 feet to a point (ande_-watex-)on the Easterly bank of Goose Creek as described in said Ceed of r the 12.53 acre tract, ;'.TMICE upstream as descri5ed in said Deed of the 122.53 acre tract,along,to q Easterly bank(underwater)of Goose Creek and along the Westeriv boundary of ;.�the said 12.53 acre tract as follows: North 73:Peg.39'00"East,91.66 feet to a point; ticrh 52 deg.08'09"East,182.09 feet to a point; North 17 deg.16'07"East,165.60 feet to a poin=; North 26 deg.44'41"test,99.52 feat to a point; C'North 46 deg.48'26"West,151.79 feet to a point; North 81 deg.58'09"West,259.55 feet to a print; North 58 deg.50'59"west,165.49 feet to a point; North 17 deg.00'48"Nest,89.16'feet to a point; North 12 deg.29'27"West;109.25 feet to a point; North 16 deg.57'47"East,90.20 test to a point in the Sou-_htest.-a.rly line of West Texas Avenue and at the most northerly Northwest oorrer of the said 12.53 are tract and of the herein described tract; IMNCE Southeasterly,along the Southwesterly line of West Texas Avenue and along the Northeasterly line of the said 12.53 acre tract as follows: SCCIU 57 deg.29'00"East,at 48.73 feet leave the water of Goose creek and at a total distance of 102.38 feet a 5/8"iron rod set at the ncint of curvature of a curve to the leLt; 549.02 feet along the arc of said curve to the left having a radius of 746.30 feet a central angle of 42 deg.09'00"and a chord which bears South 78 deg. 33'30"Fast,for 536.72 feet to a 5/8"iron rod set at the point of tangency of said curve; North 80 deg.22'00"last,9.36 feet to a 5/8"iron rod set at tY4 point of curvature of a curve to the right; 327.73 feet along the arr of said ct:rve to the-right having a radius of 606.70- feet,a central angle of 30 dea.57'00",and a chord which liar.;CIllt-h Rd LL/14/2008 TUE 11:23 FAA 2141504210 COHMUNITiE5 FOLAD OF TEX l�juUtt deg.U9'30"East,f=r 323.76 feet to a 5/8"iron rod set ac the co t:c.f tangency of saic curve; South 68 deg.41'00"Eas,135.12 feet to the FOLVr of SMZZ%-Zi6 and ontair.'ng 10.625 acres of land. I 1�RECORUEos odl-WaANDW j�.3L;.::0::;s.a0)ITICNSAVCX;hGa f9 fr;iE PRE;EKT dT Tr<E TIMEThUMTRU M �rbL9 F11E,^,AliO REC7ROf� Q� M i FILE FOR RECORD 8:00 AM yI U1 JUL 19 2002 Cotmy Cleric.Haft County,Tama `n,sancasa>�� �,�xmnocu°c�ut'� �+ca�gumcrmtaaua�r�����un COUWNOfh vaN�bfY p�titt++rdehb� ���wa�.40t0>�H�f�3diaf+te�dMrta CAMTma= ..JUL 19 2tm't ufM cLEAK Ts ►µTiR%S CCUHIY.