MDD Resolution No. 207 RESOLUTION NO. 207
A RESOLUTION OF TILE BOARD OF DIIZECT016 OF TIME 13AY I OWN MUNICIPAI,
DEVELOPMENT DISTRICT AUTHORIZING TIJF GENERAL MANAGER TO EXECUTE
AND IJIF ISSISIANT.SECRETARY TO A'7TES 11'O `I HL FIRST AMENI)MEN'f TO THE
UI;VELOPMHNT PRC7IECT CONTRACT BETWEEN THE BAYTOWN LI ITI E 'If IBATRE
INCORPORAFL'D AND THE BAYTOWN MUNICIPAI. DEVELOPMENT DISTRICF
REGARDING FUNDING OF A THF,ATRE TO BH L.00ATPD ON PROPERTY ATTHH
INrERSFC ION OF S. MAIN STREET AND TEXAS AVENUE TO PROMO E NEAh OR
LXPANDFD BUSINESS DEVEC,OPMENT WITHIN TFIE AREA; MAKING OFHER
PROVISIONS RELATED THERETO: AND PROVIDING FOR ]HE EFFECTIVE DATE
THEREOF.
BE IT RESOLVED 13Y THE BOARD OF DIRECTORS OF 'fill-" BAYTOWN MUNICIPAL
DEVELOPMENT" DISTRIC"1
Section 1: That Nic Board of Directors of theBaytown Municipal Development District hereby Binds
that the expenditures authorized herein lire for improvements which satisfy the purposes for which the finds 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 Chereto are herehy declared to .have been made and
adopted as findings of the Board of Directors.
Section ? that the Board of Directors of the Baytown Municipal Development District hcrebry
authorgyres the General Manager to execute and the Assistant Svcretaly to attest to the First Amendment t to the
Development Project Contract betwoen the.Baytown Little Theatre Incorporated (the "BLf") sail the Baytown
Municipal Development District (the "District-) regarding funding for the renovation of a building which is
approximately 28,466 square feet to be used as a theatre by BLT within the District's boundaries to be located on
property at the intersection of S. Main Street and Texans Avenue. Such ne« theatre mill be at the opposite end of
Texas Avenue from the Lee College Performing Arts Center and will anchor the area, thaotty pionloting new or
expanded business tcithin the area. A copy of said contract is attached hereto as Exhibit "A"' and incorporated
hercin forall iments and purposes.
Section 3: This rosolutioir shall (Ike effect inunedialely firm and after its r ssage by, the Board of
Directors of the Ba)toevn Municipal Development Drainer.
INTRODUCED, READ and PASSED by the afPoinntive vote of the Be, i of Director of the Baytt�wn
Municipal Development District,this the 2"°day of May, 2013..
S" �PI{L II. DOACARLA�S. P cs-dent
ATI' 1' j
LF fIC IA BRYSCIF As Mani Secretary
APPROVED AS "f0 FORM
4Ag(*
'AC fO RAMIRI l SR Cicn•� tl C'omisel
IL.%aic,i le.t alo edh r.I J ..i vl. nJ il.,. l ., .v fl Af ,.� hoiv..l t4 ,ffiv -P hifil tuvnel�s e_t.a3vr
Exhibit "A"
FIRST AMENDMENT TO THE
DEVELOPMENT PROJECT CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS First Amendment("First Amendment")to that certain"Development Project Contract"the
"Agreement")dated June 14, 2012,by and between the BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT,a political subdivision of the State ofTexas,hereinafter called"District,"and THE BAYTOWN
LITTLE THEATER INCORPORATED,a Texas Nonprofit Corporation,hereinafter called"BLT," is
made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the District desires to promote new or expanded business development within its
boundaries;and
WHEREAS,the District and BLT entered into a Development Project Contract for a development
project consisting of the construction of a new 37,000 square foot theater within the District's boundaries and
near the intersection of N.Main Street and Texas Avenue and more particularly described as follows:
OSQ0720000009 LTS 9 10 11&1 BLK 60 016 OSI'THOMAS WRIG GOOSE CREEK
13Q6590Q00081 LT 1 VILLAS AT GOOSE CREEK
(the"2012 Property");and
WHEREAS, since such time, the BLT has acquired by donation additional property and the
improvements thereon,which is located within the District's boundaries,near the intersection of S. Main
Street and Texas Avenue,and more particularly described as follows:
LTS 13,14,15,&16,BLK 53& 2 S.MAIN St
0500650000013 LTS 9. 10, 11.&12,BLK 4, BAYTOWN TX 77520
GOOSE CREEK
LT 4&W 8 FT OF LT 3 BLK 60
AVE
0500720000003 (016&051•THOMAS WRIGHT) 16 E TEXAS BAYTOWN TX 7757520
GOOSE CREEK
(the"2013 Property");and
WHEREAS,instead of constructing a theater on the 2012 Property,the BLT desires to renovate the
building on the 2013 Property,which building is approximately 28,466 square feet,and to convert it into a
theater,and
WHEREAS,the new theater on the 2013 Property will be at the opposite end of Texas Avenue and
will complement the Lee College Performing Arts Center and will anchor the area thereby promoting new or
expanded business within the District's boundaries;and
WHEREAS, the District is agreeable to amending the Agreement on subject to the terms and
conditions stated herein;
First Amendment to the
I2evelaament Proiect Contract.Page 1
NOW THEREFORE,for and in consideration ofthe premises and mutual covenants herein contained,
it is agreed 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,except
"Property" in the Agreement shall mean and refer to the 2013 Property, not the 2012
Property.
2. Amendments.
(a) Section 1 "Representations,"Subsection(c)of the Agreement is hereby amended as
follows:
(c) The District hereby finds that BLT's development of a theater on the 2013
Property and related parking facilities on the 2012 Property constitute a
development project in that it will promote new or expanded business
development in the District.
(b) Section 2"Services to be Provided,"Subsection(a)"Construction"of the Agreement
is hereby amended as follows: 4
(a) Construction. BLT shall construct or cause to be constructed a -space
parking lot on the 2012 Property and shall renovate or cause to be renovated
the building on the 2013 Property,which building is approximately 28,466
square feet, and to convert it into a theater with both performance and
rehearsal spaces;provided such construction is designed to promote new or
expanded business development in the District consistent with Section
3888.102 of the Texas Special Districts Code. The parking lot on the 2012
Property and the theater on the 2013 Property shall hereinafter be collectively
referred to as the"Development Project."
(c) Section 2"Services to be Provided,"Subsection(b)"Construction"of the Agreement
is hereby amended as follows:
(b) Operation. On the 2013 Property,BLT shall operate a community theater for
at least ten (10) years commencing on the date of the issuance of the
certificate of occupancy of the Development Project. Operation for purposes
of this paragraph shall mean providing a minimum of six (6) theatrical
productions per year along with educational/youth programming. On the
2012 Property,BLT shall provide parking facilities and maintain the same
for the productions required herein throughout the ten-year period.
(d) Section 4"Payment"of the Agreement is hereby amended as follows:
First Amendment to the
Development Project Contract Page 2
Section 4. Payment.
(a) For and in consideration of the services to be performed by BLT and
compliance with the terms of this Agreement and subject to the other
provisions of this section,the District agrees to pay to BLT the total sum of
FIVE HUNDRED THOUSAND AND N0/100 DOLLARS ($500,000.00)
based upon the following formula:
($500,000 x(Percentage of Completion of the Theater x 2))—Amount
Previously Paid by MDD
The percentage of completion of that portion of the Development Project
consisting solely of the theater shall be certified by BLT's design
professional and included in the quarterly reports submitted to the Board.
Payment will be made not more often than quarterly and only after receipt of
the quarterly report and approval of such payment by the Board.
(b) BLT agrees to use the monies paid by the District hereunder solely for
construction costs of the theater and shall not use such fees for any other
purpose. BLT agrees to demonstrate strict compliance with this subsection
through its recordkeeping and audits required herein. Any ineligible
expenditures shall be forfeited to the District upon expiration or termination of
the Agreement,.
(c) The entire amount paid by the MDD pursuant to Section 4(a) shall be
immediately due and payable to the MDD if BLT:
➢ fails to meet the operational standards specified in Section 2(b)or
➢ sells, assigns, transfers or divests itself of title to the property on
which any portion of the Development Project is located.
BLT's obligation hereunder will be secured by a lien on the 2012 Property
and 2013 Property subordinate to any mortgage lien. Should BLT comply
with the terms and conditions hereof,the lien shall be forgiven ten years after
the date of the certificate of occupancy issued for that portion of the
Development Project consisting of the theater. BLT agrees to execute the
lien for the 2012 Property on the effective date of the Agreement and a lien
on the 2103 Property on the effective date of this First Amendment,which
liens shall be prior to any construction of the Development Project. A copy
of such lien on the 2012 Property is attached hereto as Exhibit"A," and
incorporated herein for all intents and purposes. A copy of such lien on the
2013 Property is attached hereto as Exhibit"B,"and incorporated herein for
all intents and purposes.
3. Entire Agre went. 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
Develomentftlect Contract.Page 3
Nothing contained in this First Amendment shall be construed in any way to limit or to
waive OWNER's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this First 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 3 day of ,2013,the date of
execution by the General Manager.
BAYTOWN MUNICIPAL DEVELOPMENT THE BAYTOWN LITTLE THEATER
INCORPORATED
ROBERT D. LEIPER,General Manager �7ignature)
-134%nAe: , aoz ��rcc
(Printed Name)
�Q.D G� �JcZf��Ct�i2S
(Title)
ATTEST: ATTEST:
LETICIA BRYSCH,Assistant Secretary (Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
IGNACIO RANIIREZ,SR.,General Counsel
APPROVED AS TO FUNDING AVAILABILITY:
LOUISE RICHMAN,Director of Finance
R 1Knen1Flla%Cfty Couna'11Municipal Devdopmeat 20130M Aft to dw 13LT Conwuctioo Amman nl(RqukeO,&w
First Amendment to the
Development Project Contract.Page 4
Exhibit "A"
THE STATE OF TEXAS §
§ DEVELOPMENT PROJECT LIEN
COUNTY OF HARRIS §
WHEREAS,pursuant to that certain Development Project Contract(the"Contract')dated the%y
of 200, by and between The Baytown Little Theater Incorporated (the
"Owner' and the Baytown Municipal Development District,a political subdivision of the City of Baytown
and the State ofTexas located in Harris County,Texas(the"MDD'J,the MDD agreed to reimburse the Owner
for certain improvements determined to be eligible for reimbursement;and
WHEREAS,the aforementioned improvements are to be constructed on the property more particularly
as follows,to-wit:
LTS 9,10,11 &12 BLK 60(016&051'THOMAS WRIGHT),GOOSE CREEK,HARRIS
COUNTY,TEXAS
(Also known as 2 N.Main Street.Baytown,Texas)
and
LT 1 VILLAS AT GOOSE CREEK,HARRIS COUNTY TEXAS
(Also known as 0 N.Main Street,Baytown,Texas)
(the"Property");and i
WHEREAS, in exchange for such reimbursement for the improvements in accordance with the
Contract,the Owner has agreed that a lien be placed upon the Property,which lien is conditioned on the
Owner's compliance with all ofthe terms and conditions ofthe Contract,which is incorporated herein by this
reference for all intents and purposes. Such responsibilities include,but are not limited to,those detailed in
Section 2 of the Contract;and
WHEREAS,should the Owner fail to comply with the Contract at any time within ten(10)years from
the date ofthe issuance of the certificate of occupancy for the improvements,the Owner after the expiration of
any cure period specified in the Contract shall reimburse the MDD the entire Lien Amount;and.
WHEREAS,failure to remit the appropriate amount owed to the MDD in a timely manner shall result
not only in interest calculated in accordance with Chapter 2251 ofthe Texas Government Code,but also in the
Owner being obligated to pay court costs and all attorneys'fees expended by the MDD in order to collect the
amount owed to the MDD;
NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
That the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS($500,000.00)(the"Lien
Amount')is due and owing to the Baytown Municipal Development District,for the expense incurred by the
MDD for the improvements made on the Property and that a lien exists on the Property to secure payment of
the Lien Amount to the MDD.
The Owner hereby warrants and represents to the MDD that this Lien is being executed and delivered
before the Iabor or materials for the erection and construction of improvements have been furnished or
delivered.
Devela ent EMIect Lien_Page 1
WITNESS MY HAND this the 301A day of Anrj 20J.
OWNER: The Baytown Little Theater
Incorp
r
gnature
l
VRkV-i 06 tID2�J1Kt
Printed Name
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally appeared
( ly Mdzjr s .i , the b;re[k of The Baytown Little Theater
Incorporated, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in
the capacity therein stated.
SUBSCRIBED AND SWORN before me this may of Ajpr i 1 ,2013 .
eM
ROSA S. CUELLAR
Notary Public State of Texas
y Comm.Expires 06.24-2015 NOW Public in and for the State of Texas
RETURN TO:
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
OFFICE OF THE CITY CLERK
P.O.BOX 424
BAYTOWN,TEXAS 77522
%%C*fs0 111eSd\Vz \FileslCity Cound Municipal Development DWrlCt\ContteotslCMM=20121BLT MaLdoc
Develo ment Project Lien Page 2
Exhibit"B"
THE STATE OF TEXAS §
§ DEVELOPMENT PROJECT LIEN
COUNTY OF HARRIS §
WHEREAS,purs that certain First Amendment to the Development Project Contract(the
"First Amendment"),date&,2013,as well as the Development Project Contract(the"Contract")
dated June 14, 2012, by and between The Baytown Little Theater Incorporated (the "Owner") and the
Baytown Municipal Development District,a political subdivision of the City of Baytown and the State of
Texas located in Harris County,Texas(the"MDD'I,the MDD agreed to reimburse the Owner for certain
improvements and redevelopment activities determined to be eligible for reimbursement;and
WHEREAS,the aforementioned development activities are to be constructed on the property more
particularly as follows,to-wit:
LTS 13,14,15,& 16,BLK 53<S 9,10,11,& 12,BLK 4,
GOOSE CREEK,HARRIS COUNTY,TEXAS
(Also known as 2 S.Main Street,Baytown,Texas)
LT4&WSFTOFLT3BLK60
(016&051*THOMAS WRIGHT)
GOOSE CREEK,HARRIS COUNTY,TEXAS
(Also known as 16 S.Texas Ave.,Baytown,Texas)
(the"Property');and
WHEREAS,in exchange for such reimbursement for the redevelopment activities in accordance with
the First Amendment and the Contract,the Owner has agreed that a lien be placed upon the Property,which
lien is conditioned on the Owner's compliance with all of the terms and conditions of the First Amendment
and the Contract , which is incorporated herein by this reference for all intents and purposes. Such
responsbilities include,but are not limited to,those detailed in Section 2 of the Contract;and
WHEREAS,should the Owner fail to comply with the First Amendment or the Contract at any time
within ten(10)years from the date of the issuance of the certificate of occupancy for the renovations,the
Owner after the expiration of any cure period specified in the Contract shall reimburse the MDD the entire
Lien Amount;and.
WHEREAS,failure to remit the appropriate amount owed to the MDD in a timely manner shall result
not only in interest calculated in accordance with Chapter 2251 of the Texas Government Code,but also in
the Owner being obligated to pay court costs and all attorneys'fees expended by the MDD in order to collect
the amount owed to the MDD;
NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
That the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS($500,000.00)(the"Lien
Amount")is due and owing to the Baytown Municipal Development District,for the expense incurred by the
MDD for the improvements made on the Property and that a lien exists on the Property to secure payment of
the Lien Amount to the MDD.
The Owner hereby warrants and represents to the MDD that this Lien is being executed and delivered
before the labor or materials for the erection and construction of improvements have been furnished or
delivered.
DeyelO ent Prolect Lien.Page 1
WITNESS MY HAND this the 306 day of 20�
OWNER: The Baytown Little Theater
Incorporated
�igpnature
s "Name
��dztnsk.i
Printed
iJf W In: bI emea
Title
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally IkAlt, the Uk of The Baytown Little Theater
Incorporated, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and
in the capacity therein stated.
SUBSCRIBED AND SWORN before me this&Tday of Amrii2013.
emv
-----
ARgn
s.24.2015 N lacy Public in and for the State of Texas
RETURN TO:
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
OFFICE OF THE CITY CLERK
P.O.BOX 424
BAYTOWN,TEXAS 77522
1L1Ka=\FilasX0ty Coum Municipal Development Dist dCanvwU\Contracts 201311 a Amendment HLT Lien.doc
Develo ment ftect Lien.Page 2
FIRST AMENDMENT TO THE
DEVELOPMENT PROJECT CONTRACT
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS First Amendment ( "First Amendment') to that certain "Development Project Contract" the
"Agreement") dated June 14, 2012, by and between the BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT, a political subdivision of the State of Texas, hereinafter called "District," and THE BAYTOWN
LITTLE THEATER INCORPORATED, a Texas Nonprofit Corporation, hereinafter called "BLT," is
made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the District desires to promote new or expanded business development within its
boundaries; and
WHEREAS, the District and BLT entered into a Development Project Contract for a development
project consisting of the construction of a new 3 7,000 square foot theater within the District's boundaries and
near the intersection of N. Main Street and Texas Avenue and more particularly described as follows:
(the "2012 Property"); and
WHEREAS, since such time, the BLT has acquired by donation additional property and the
improvements thereon, which is located within the District's boundaries, nedr the intersection of S. Main
Street and Texas Avenue, and more particularly described as follows.
(the "2013 Property"); and
WHEREAS, instead of constructing a theater on the 2012 Property, the BLT desires to renovate the
building on the 2013 Property, which building is approximately 28,466 square feet, and to convert it into a
theater, and
WHEREAS, the new theater on the 2013 Property will be at the opposite end of Texas Avenue and
will complement the Lee College Performing Arts Center and will anchor the area thereby promoting new or
expanded business within the District's boundaries; and
WHEREAS, the District is agreeable to amending the Agreement on subject to the terms and
conditions stated herein;
First Amendment to the
Development Project Contract, Page 1
NOW THEREFORE, for and in consideration ofthe premises and mutual covenants herein contained,
it is agreed 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, except
"Property" in the Agreement shall mean and refer to the 2013 Property, not the 2012
Property.
2. Amendments.
(a) Section 1 "Representations," Subsection (c) of the Agreement is hereby amended as
follows:
(c) The District hereby finds that BLT's development of a theater on the 2013
Property and related parking facilities on the 2012 Property constitute a
development project in that it will promote new or expanded business
development in the District.
(b) Section 2 "Services to be Provided," Subsection (a) "Construction" of the Agreement
is hereby amended as follows: owl
(a) Construction. BLT shall construct or cause to be constructed a t space
parking lot on the 2012 Property and shall renovate or cause to be renovated
the building on the 2013 Property, which building is approximately 28,466
square feet, and to convert it into a theater with both performance and
rehearsal spaces; provided such construction is designed to promote new or
expanded business development in the District consistent with Section
3888.102 of the Texas Special Districts Code. The parking lot on the 2012
Property and the theater on the 2013 Property shall hereinafter be collectively
referred to as the "Development Project."
(c) Section 2 "Services to be Provided," Subsection (b) "Construction" of the Agreement
is hereby amended as follows:
(b) Operation. On the 2013 Properly, BLT shall operate a community theater for
at least ten (10) years commencing on the date of the issuance of the
certificate of occupancy of the Development Project. Operation for purposes
of this paragraph shall mean providing a minimum of six (6) theatrical
productions per year along with educational/youth programming. On the
2012 Property, BLT shall provide parking facilities and maintain the same
for the productions required herein throughout the ten -year period.
(d) Section 4 "Payment" of the Agreement is hereby amended as follows:
First Amendment to the
Development Project Contract. Page 2
Section 4. Payment.
(a) For and in consideration of the services to be performed by BLT and
compliance with the terms of this Agreement and subject to the other
provisions of this section, the District agrees to pay to BLT the total sum of
FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00)
based upon the following formula:
($500,000 x (Percentage of Completion of the Theater x 2)) — Amount
Previously Paid by MDD
The percentage of completion of that portion of the Development Project
consisting solely of the theater shall be certified by BLT's design
professional and included in the quarterly reports submitted to the Board.
Payment will be made not more often than quarterly and only after receipt of
the quarterly report and approval of such payment by the Board.
(b) BLT agrees to use the monies paid by the District hereunder solely for
construction costs of the theater and shall not use such fees for any other
purpose. BLT agrees to demonstrate strict compliance with this subsection
through its recordkeeping and audits required herein. Any ineligible
expenditures shall be forfeited to the District upon expiration or termination of
the Agreement.
(c) The entire amount paid by the MDD pursuant to Section 4(a) shall be
immediately due and payable to the MDD if BLT:
➢ fails to meet the operational standards specified in Section 2(b) or
➢ sells, assigns, transfers or divests itself of title to the property on
which any portion of the Development Project is located.
BLT's obligation hereunder will be secured by a lien on the 2012 Property
and 2013 Property subordinate to any mortgage lien. Should BLT comply
with the terms and conditions hereof, the lien shall be forgiven ten years after
the date of the certificate of occupancy issued for that portion of the
Development Project consisting of the theater. BLT agrees to execute the
lien for the 2012 Property on the effective date of the Agreement and a lien
on the 2103 Property on the effective date of this First Amendment, which
liens shall be prior to any construction of the Development Project. A copy
of such lien on the 2012 Property is attached hereto as Exhibit "A," and
incorporated herein for all intents and purposes. A copy of such lien on the
2013 Property is attached hereto as Exhibit "B," and incorporated herein for
all intents and purposes.
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
Development Project Contract, Page 3
Nothing contained in this First Amendment shall be construed in any way to limit or to
waive OWNER's sovereign immunity,
IN WITNESS WHEREOF, the parties hereto have executed this First 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 2013, the date of
execution by the General Manager.
IMM 110LUT ►itiINO141'ZX6i7KTAD�iC1il�TiI II
AOBERT ALE)IPER., General Manager
APPROVED AS TO FORM:
C14ACIO RAMIREZ, SR., Gen r &i Cmmsel
THE BAYTOWN LITTLE THEATER
APPROVED AS TO FUNDING AVAILABILITY:
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
LOUISE RICHMAN, Director of Finance
RAKarenTilesTity Councihmunicipal Developincift DistrictTontordsTontracts 2013Tirst Arrendiornt to the III,]- Construction Aioecuncrt (Rutranert.doc
First Amendment to the
Development Project Contract, Page 4
Exhibit "A"
THE STATE OF TEXAS
DEVELOPMENT PROJECT LIEN
COUNTY OF HARRIS
WHEREAS, pursuant to that certain Development Project Contract (the "Contract') dated the 3ftay
of 200, by and between The Baytown Little Theater Incorporated (the
"Owner' and the Baytown Municipal Development District, a political subdivision of the City of Baytown
and the State of Texas located in Harris County, Texas (the "MDD'), the MDD, agreed to reimburse the Owner
for certain improvements determined to be eligible for reimbursement; and
WHEREAS, the aforementioned improvements are to be constructed on the property more particularly
as follows, to -wit:
LTS 9,109 11 & 12 BLK 60 (016 & 051 *THOMAS WRIGHT), GOOSE CREEK, HARRIS
COUNTY, TEXAS
(Also known as 2 N. Main Street, Baytown, Texas)
and
LT 1 VILLAS AT GOOSE CREEK, HARRIS COUNTY TEXAS
(Also known as 0 N. Main Street, Baytown, Texas)
(the "Property"); and
WHEREAS, in exchange for such reimbursement for the improvements in accordance with the
Contract, the Owner has agreed that a lien be placed upon the Property, which lien is conditioned on the
Owner's compliance with all of the terms and conditions of the Contract, which is incorporated herein by this
reference for all intents and purposes. Such responsibilities include, but are not limited to, those detailed in
Section 2 of the Contract; and
WHEREAS, should the Owner fail to comply with the Contract at any time within ten (10) years from
the date of the issuance of the certificate of occupancy for the improvements, the Owner after the expiration of
any cure period specified in the Contract shall reimburse the MDD the entire Lien Amount; and.
WHEREAS, failure to remit the appropriate amount owed to the MDD in a timely manner shall result
not only in interest calculated in accordance with Chapter 2251 of the Texas Government Code, but also in the
Owner being obligated to pay court costs and all attorneys' fees expended by the MDD in order to collect the
amount owed to the MDD;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the sum of FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00) (the "Lien
Amount") is due and owing to the Baytown Municipal Development District, for the expense incurred by the
MDD for the improvements made on the Property and that a lien exists on the Property to secure payment of
the Lien Amount to the MDD.
The Owner hereby warrants and represents to the MDD that this Lien is being executed and delivered
before the labor or materials for the erection and construction of improvements have been furnished or
delivered.
Development Project Lien, Page 1
WITNESS MY HAND this the day of Ard 2013.
OWNER: The Baytown Little Theater
1j A#j1V.S 01 �•�- /�tt�2 rJ� 1ll
Printed Name
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned notary public, on this day personally appeared
C thV (�0 of The Baytown Little Theater
Incorporated, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and in
the capacity therein stated.
SUBSCRIBED AND SWORN before me this ,fflay of ' 1 2013 .
*PY P& ROSA S. CUELLAR
at Notary Public
N� Qy State of Texas
Of My Comm. Expires 06 -24 -2015
RETURN TO:
No Public in and for the State of Texas
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
OFFICE OF THE CITY CLERK
P. O. BOX 424
BAYTOWN, TEXAS 77522
11Cobfs0111egaN(aren\Files\City CounciMunicipal Development DistrictWontncts\Contracts 20121BLT Lien.doc
Development Project Lien, Page 2
Exhibit "B"
0130233025
05/15/2413 RF1 $20.00
L �
THE STATE OF TEXAS §
§ DEVELOPMENT PROJECT LIEN
COUNTY OF HARRIS §
WHEREAS, purs tq that certain First Amendment to the Development Project Contract (the
"First Amendment'), date& &, 2013, as well as the Development Project Contract (the "Contract ")
dated June 14, 2012, by and between The Baytown Little Theater Incorporated (the "Owner") and the
Baytown Municipal Development District, a political subdivision of the City of Baytown and the State of
Texas located in Harris County, Texas (the "MDD "), the MDD agreed to reimburse the Owner for certain
improvements and redevelopment activities determined to be eligible for reimbursement; and
WHEREAS, the aforementioned development activities are to be constructed on the property more
particularly as follows, to -wit:
LTS 139 149 159 & 169 BLK 53 & LTS 99 109 11, & 129 BLK 49
GOOSE CREEK, HARRIS COUNTY, TEXAS
(Also known as 2 S. Main Street, Baytown, Texas)
LT 4 & W 8 FT OF LT 3 BLK 60
(016 & 051 *THOMAS WRIGHT)
GOOSE CREEK, HARRIS COUNTY, TEXAS
(Also known as 16 E. Texas Ave., Baytown, Texas)
(the "Property"); and
WHEREAS, in exchange for such reimbursement for the redevelopment activities in accordance with
the First Amendment and the Contract, the Owner has agreed that a lien be placed upon the Property, which
lien is conditioned on the Owner's compliance with all of the terms and conditions of the First Amendment
and the Contract , which is incorporated herein by this reference for all intents and purposes. Such
responsibilities include, but are not limited to, those detailed in Section 2 of the Contract; and
WHEREAS, should the Owner fail to comply with the First Amendment or the Contract at any time
within ten (10) years from the date of the issuance of the certificate of occupancy for the renovations, the
Owner after the expiration of any cure period specified in the Contract shall reimburse the MDD the entire
Lien Amount; and.
WHEREAS, failure to remit the appropriate amount owed to the MDD in a timely manner shall result
not only in interest calculated in accordance with Chapter 2251 of the Texas Government Code, but also in
the Owner being obligated to pay court costs and all attorneys' fees expended by the MDD in order to collect
the amount owed to the MDD;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the sum of FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00) (the "Lien
Amount") is due and owing to the Baytown Municipal Development District, for the expense incurred by the
MDD for the improvements made on the Property and that a lien exists on the Property to secure payment of
the Lien Amount to the MDD.
The Owner hereby warrants and represents to the MDD that this Lien is being executed and delivered
before the labor or materials for the erection and construction of improvements have been furnished or
delivered.
Development Project Lien, Page 1
WITNESS MY HAND this the
STATE OF TEXAS §
COUNTY OF HARRIS §
day of 20JI23__.
OWNER: The Baytown Little Theater 1,4j
I`, l 1 1.!, l -- -- I
Title
Before me, the undersigned notary public, on this day personally appeared
the, of The Baytown Little Theater
Incorporated, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he /she executed the same for the purposes and consideration therein expressed and
in the capacity therein stated.
SUBSCRIBED AND SWORN before me thisday of 20j.
��•PPY P�e`� ROSA S. CUELLAR
* Notary Public 91 4
State of Texas
9'rOf My Comm. Expires 06- 24.2015 N tary Public in and for the State of Texas
RETURN TO: 44
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT
OFFICE OF THE CITY CLERK RECORDER'S MEMORANDUM:
At the time of recordation, this Instrument was
P. O. BOX 424 found to be Inadequate for th4 best photcgraphlc
BAYTOWN, TEXAS 77522 reproduction because of Illegibility, carbon or
photo copy, discolored paper, etc. All blockouts,
additions and changes were present at the time
the inatrument was filed and recorded.
R:\Karen\Files \City CouneilNunicipal Development District \Contracts \Contracts 2013 \1st Amendment BLT Lien.doc
Development Project Lien, Page 2
FILED FOR RECORD
8:00 AM
MAY 15 2013
County Clerk, Harris County, Texas
wnNWW& t st=1WtryMoaturofnK0WWU
WMIEW0FMWMffiM8W WWMa WIJf F8WW
THE STATE OF't:EXAS
COUNTY CF HARRIS
I m*1 ed fa;Wm�t b Ra kubarSeweao� as b db Ladd b im
Zr blot 14 sd* Fftb dF*M dPatt'ApeArdNob
MAY 15 2013
(9 OOUMY CLERK
HARRIS COUNTY TpAg