MDD Resolution No. 153 RESOLUTION NO.153
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE PRESIDENT TO
EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR THE FUNDING
OF THE UNIDAD PARK TRAIL PROJECT AND THE JENKINS PARK BRIDGE
PROJECT;AUTHORIZING PAYMENT OF AN ADDITIONAL AMOUNT NOT TO
EXCEED ONE HUNDRED EIGHTEEN THOUSAND AND NO/100 DOLLARS
($118,000.00):MAKING OTHER PROVISIONS RELATED THERETO;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 improvements,which satisfy the purposes for
which the funds can be expended pursuant to Chapter 377 of the Texas Local Government Code and/or
Section 3888.102 of the Special District Local Laws Code.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 the First Amendment to the Agreement for Funding for the
Unidad Park Trail Project and the Jenkins Park Bridge Project.A copy of said amendment is attached
hereto as Exhibit"A."and incorporated herein for all intents and purposes.
Section 3:That the Board of Directors of the Baytown Municipal Development District
hereby authorizes the payment of an additional amount not to exceed ONE HUNDRED EIGHTEEN
THOUSAND AND NO/100 DOLLARS(S118,000.00)to the City of Baytown in accordance with the
agreement referenced in Section 2 hereof.
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 votq the Board of Directors of the
Baytown Municipal Development District,this the 2nd day of Septern,2010.
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APPROVED AS TO FORM:
,NACIO RAMIREZ.SR..Gen-ra Counsel
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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 Han-is 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 I larris 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 I
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."File 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.Ambieuities.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 First Amendment in
multiple copies,each of which shall be an original and effective on the_day of September,
2010.the date of signature by the City Manager.
CITY OF BAYTOWN BAYTOWN INIUNICIl'AL
DEVELOPMENT DISTRICT
GARRISON C.BRUMBACK STEPI-II N It DONCARLOS
City Manager President
ATTEST:ATTEST:
LETICIA GARZA LETICIA GARZA
City Clerk Assistant Secretary
APPROVED AS TO FORM:APPROVED AS TO FORM:
IGNACIO RAMIREZ,SR.IGNACIO RAMIREZ,SR.
City Attorney General Counsel
R 1Karen`Bdes'City Council',Municipal Development Distnct'ContractstConrcatts?010'FirstAntendme lit 2Unidadi'arkContract.doc
First Amendment to the Agreement for Funding for the
Unidad Park Trail Project and the Jenkins Park Bridge Project,Page 2