HomeMy WebLinkAboutResolution No. 2008-52RESOLUTION NO. R2008-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY SECRETARY TO ATTEST A FIRST
AMENDMENT TO THE UTILITY SERVICES CONTRACT BY AND
BETWEEN THE CITY OF FRIENDSWOOD, AUTUMN CREEK
DEVELOPMENT, LTD., A LIMITED PARTNERSHIP, AND THE
WEST RANCH MANAGEMENT DISTRICT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and City Secretary be, and they are hereby, authorized and
directed to execute and attest, respectively, a First Amendment to the Utility Services Contract by
and between the City of Friendswood, Texas ("City"), Autumn Creek Development, Ltd., a Texas
Limited Partnership (the "Developer"), and West Ranch Management District (the "District"). A
true and correct copy of such Agreement is attached hereto as Exhibit "A" and made part hereof for
all purposes.
PASSED, APPROVED, AND RESOLVED this 16th day of June, 2008.
David J. H. Smith
Mayor
ATTEST:
A.
FRIEN�s
Melinda K. Welsh v
Deputy City Secretary
c� �
FIRST AMENDMENT TO THE UTILITY SERVICES CONTRACT
Between
THE CITY OF FRIENDSWOOD, TEXAS ("City")
And
AUTUMN CREEK DEVELOPMENT, LTD ("Developer")
And
WEST RANCH MANAGEMENT DISTRICT ("District')
This First Amendment ("First Amendment") to the Utility Services Contract ("Contract")
is made by and bettiveen the City of Friendswood, Texas (the "City") and Autumn
Creek Development, Ltd., a Texas limited partnership (the "Developer"), on behalf of
itself and the West Ranch Management District (the "District").
Recitals
Whereas, the City and Developer, on behalf of itself and the District entered into that
certain Utility Services Contract (the "Contract") effective August 15", 2005.
Whereas, all defined terms in this Agreement shall have the same meaning herein unless
specifically provided to the contrary.
Whereas, the City and Developer, on behalf of itself and the District, desire to amend the
Agreement as hereinafter provided.
Agreement
NOW, THEREFORE, in consideration of the mutual promises, obligations, and benefits
contained in the Contract, the City and Developer, on behalf of itself and the District,
agree that the Contract is amended as follows:
1. Article 1. Definitions. The definition of Approved Land Plan is amended to
mean the Land Plan attached hereto as Exhibit A, which is hereby approved by
the City of Friendswood.
2. Section 6.1 shall be deleted in its entirety and the following added in its place:
6.1 Approved Land Plan. The Developer, on behalf of itself and its successor
and assigns, and the District agree that all constriction will comply with the
Approved Land Plan. As plats with minor changes to the Approved Land Plan
are approved by the City's Planning and Zoning Commission ("P&Z"), the
approved Land Plan will be automatically updated to include changes without the
need of an amendment to this Agreement. Any significant changes in the
Approved Land Plan that Would limit the Planning and Zoning Commission in the
approval of the plats must be implemented by an amendment to this contract
signed by all parties.
3. Section 3 of District Recreational System on Exhibit E shall be deleted in its
entirety and the following added in its place:
Public trail system connecting Centennial Park and the proposed Friendswood
Independent School District school site with Village Center and the two nature
parks listed above, with the portions of the trail along one side of West Boulevard,
along Brittany Bay Boulevard and in the two nature parks to be six feet wide
concrete hike and bike trails.
THIS ADDENDUM IS EXECUTED on the dates shown by the signatures below, to be
effective on the date of the signature on behalf of the City, which shall be the Effective
Date of the Amendment. Upon execution by both the City and Developer, this
Amendment shall be appended to and shall be incorporated into and be a part of the
Agreement as if fully set forth therein.
AUTUMN CREEK DEVELOPMENT, LTD.,
a Texas limited partnership
By: LENNAR HOMES OF TEXAS LAND
AND CONSTRUCTION, LTD.,
a Texas limited partnership,
Dba Friendswood Development Company
as Attorney in fact
By: Lennar Texas Holding Company
A Texas Corporation
Its General Partner
CITY OF FRIE DSWOOD
1
By:
,.--,1(4ayor
O F/Ar
Secretary -A