MDD Resolution No. 162 RESOLUTION NO. 162
A RESOLUTION OF THE. BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING TUF PRESIDEN`1' TO
EXECUTE FHE FIRST AMENDMENT' TO "IHEINTh U.0CAL AGRIEMENT
WITH THE CITY OF BAYTOWN FOR THE TEXAS AVENUE St R136'I'SCAPE
PROJECT; AUTHORIZING PAYMF,N'T OF AN ADDITIONAL, AMOUNF NOT TO
EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS (S100,000.00};
MAKING (TRIER PROVISIONS RELATED TIIERETO; AND PROVIDING FOR
IT IF EFFECTIVE DATE TDEREOr=
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BENT RESOLVED BY THE BOARD OF DIRECTORS OF I"NE BAY'FOWN MUNICIPAL
DEVELOPMENT DISTRICT:
Section I: That the Board of Directors of tire Baytown .Municipal Development District
hereby finds that tire expenditures authorized hewin are for improvements,:which satisfy the purposes for'
which the tends can be expended pursuant to Chapter 377 of the Texas Local Government Code andtor
Section 3888.102 ol'the Special District Local urns Code. All required findings pursuant thereto are
hereby declared to have been made and adopted as findings of tire Board of Directors.
Sectiott2: Thtrt the Board of'Directors of the I3aytomi Municipal Development District
hereby authorizes the President to execute and the Assistant Secretary to attest to the First Amendment to
the lnterlocal Agreement with the City:ol'13aytown for the Texas Al,cline Streetscape 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 an .additional payment of an amount not to exened ONE HUNDRED'DIOUSAND
AND N01100 DOLLARS ($100.000.00) to the City of Ibnytown In accordance with the.amendment
referenced in Section 2 hereof.
Section 4i This resolution shall take effect immediately from and after its passage by the
Board of Directors of Ore Baytown Municipal Development District.
INTRODUCED, READ and PASSED by the altiunative \,oi 'ref the Board of Directors of the
Baytown Municipal Development Disb'ict,this Ihe;i'a tat oi'Marelp 011.
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[ ETICIA I3RYSt Ass`istmrt Secretary"
APPROVED AS TO FORM:
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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 Streetscape 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.
WTTNESSETH
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 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
FIVE HUNDRED TEN THOUSAND AND N0/100 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 far
Funding of the Texas Avenue Streetscape 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 BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
ROBERT D.LEIPER STEPHEN H.DONCARLOS
City Manager President
ATTEST: ATTEST:
LETICIA BRYSCH LETICIA BRYSCH
City Clerk Assistant Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
IGNACIO RAMIREZ,SR. IGNACIO RAMIREZ,SR.
City Attorney General Counsel
R:\ka=\Files`City Co=Mtunicipal Dewlopment Dist ict\Conttncts\Contmas 2011\FicstAmrndn=t2TewsAvcnucStratscapcFtmd n&Agrament doc
First Amendment to the AW&ment for
Funding of the Texas Avenue Streetscape Project.Page 2