MDD Resolution No. 86 RESOLUTION NO.86
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST TO THE FIRST
AMENDMENT TO THE AGREEMENT FOR FUNDING FOR AN AQUATIC
STUDY:AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT:
Section 1: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 413(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 the First Amendment to
the Agreement for Funding for an Aquatic Study with the City of Baytown to provide additional funding
for the development of a new Aquatic Facilities Master Plan.A copy of the Amendment is attached
hrreto 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 TWENTY THOUSAND AND NO/100
DOLLARS($20.000.00)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 vote of the Board of Directors of the
Baytown Municipal Development District,this the 70i day of December,2(6.
STEP EN NCARLOS,President
,S
n OOD,Assistant Secretary
APPROVED AS TO FORM:
C,`ACIO RAMIREZ.SR..G al Counsel
R:Veanene\My Documents\Council\NIDD\Resolution41stAmendment4AquaticStudy.doc
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FIRST AMENDMENT TO THE
AGREEM ENT FOR FUNDING FOR
AN AQUATIC STUDY
STATE OF TEXAS§
COUNTY OF HARRIS§
This First Amendment to the Agreement for Funding for an Aquatic Study dated
September 8,2006,is made as of the day of December,2006,("First Amendment")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").
WHEREAS,the City and the District did enter into an Agreement for Funding for an
Aquatic Study on the 81"day of September,2006("Agreement");and
WHEREAS,since the date of the agreement,the City has received a statement of
qualifications and its Architect and Engineering Committee has selected Kimley-Horn and
Associates,Inc..(the"Firm")to perform the aquatics study;and
WHEREAS,the cost associated with the Firm's performance of the requested services is
greater than originally anticipated by the City and the District:and
WHEREAS,the District and the City desire the Firm to perform the services associated
with developing a new Aquatic Facilities Master Plan to better plan for the aquatic recreation
needs of the City and the District;
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
Agreement.
2.Amendment.Section 5 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 SEVENTY THOUSAND AND NO/100
DOLLARS(S70,000.00).All payments required to be tnade herein shall
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First Amendment to the Agreement for Funding for an Aquatic Study,Page I
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.
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 December,2006,the date of execution by the City
Manager.
CITY OF BAYTOWN BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
GARY JACKSON STEPHEN H.DONCARLOS
City Manager President
ATTEST:ATTEST:
LORRI COODY LORRI COODY
City Clerk Assistant Secretary
APPROVED AS TO FORM:APPROVED AS TO FORM:
�"L.,:')901L
'ACIO RAN,IIREZ,SR.r ACIO RAMIREZ,SR.
City Attorney General Counsel
R:".Karen\rilesiCity CouncillMunicipal Development District\Contracts 2006\FirstAmendment2AquaticsStudyProjecllntcrlocal.doc
First Amendment to the Agreement for Funding for an Aquatic Study,Page 2