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Home My WebLink AboutResolution No. 2009-44 RESOLUTION NO.R2009-44 A RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING TI� MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A SECOND AMENDMENT TO THE UTILITY SERVICES CONTRACT BY AND BETWEEN THE CITY OF FRIENDSWOOD, AUTUNIN CREEK DEVELOPMENT, LTD., A LIMITED PARTNERSHIP, AND THE WEST RANCH MANAGEMENT DISTRICT. * * * * * WHEREAS, the City of Friendswood (the "City") and Autumn Creek Development, Ltd. (the "Developer"), on behalf of itself and the West Ranch Management District (the "District") entered into a Utility Services Agreement effective August 15,2005;and WHEREAS, the parties to the Agreement approved and entered into a First Amendment to the Utility Services Agreement effective on or around the June 16,2008;and WHEREAS, the City and Developer, on behalf of itself and the District, desire to further amend the Agreement as hereinafter provided; 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 Second 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"), in substantially the same form as attached hereto as Eachibit"A"and made part hereof for all purposes. PASSED,APPROVED,AND RESOLVED this 3rd day of Au ust,2009. avid J. H. Smith Mayor ATTEST: � � FR�ENO , �o s� � o D loris McKenzie, TRMC v o City Secretary * * � � ��rF oF t��' R2009-44 2 Exhibit A (R2009-44) SECOND 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 Second Amendment ("Second Amendment") to the Utility Services Contract ("Contract") is made by and between 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"). The term "District" may be construed to include both Developer and the District, as it is the intention of the parties to this Contract that all rights, benefits and obligations pursuant to this Contract shall ultimately be assigned to the District, except as otherwise provided herein. The representations made herein by the District represent Developer's commitment to cause or direct the same to occur. Recitals WHEREAS, the City and Developer, on behalf of itself and the District entered into that certain Utility Services Contract (the "Contract") effective August 15th, 2005; and, WHEREAS, the City and Developer, on behalf of itself and the District entered into that certain First Amendment to the Utility Services Contract (the "Contract") effective on or around June 16, 2008; and WHEREAS, the City and Developer, on behalf of itself and the District, desire to further 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 new Land Plan attached hereto as Exhibit A, which is hereby approved by the City of Friendswood. The disposition of Lot 145 as shown on the Approved Land Plan shall be as stipulated in section 3.3. 2. Article 3. City Obligations. There shall be a new section 3.2 and new section 3.3 to read and provide as follows: 3.2 Maximum Density. The City agrees to allow Developer to build a maximum of 1540 homes within the Property, provided Developer complies with all conditions of an approved PUD permitting same. 3.3 Lot 145. The City agrees to allow Developer to sell Lot 145 to a builder for fair market value and with the covenant that Lot 145 only be used for single family residential purposes. Developer shall donate the proceeds from said sale to the West Ranch Homeowners' Association for the construction and/or improvement of common parks located within the subdivision. 3. Article 4. Financial Matters. Section 4.2 shall be deleted in its entirety and the following added in its place: 4.2 Issuance limitation. The District will not issue bonded debt in excess of the amount required to yield $15 million to finance Qualifying Facilities plus the costs of financing. 4. Exhibit C. Qualifying Facilities Exhibit C shall be amended to include: 11. Approximately 0.25 miles of tharoughfare and drainage improvements consisting of the extension of Falcon Ridge Blvd to serve the new Friendswood Junior High School at an estimated cost of$1,000,000. 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 the parties hereto, this Amendment shall be appended to and shall be incorporated into and be a part of the Agreement as if fully set forth therein. Executed on this the 12th day of August , 2009. 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IMC a Texas limited partnership, Dba Friendswood Development Company as Attorney in fact By: Lennar Texas Holding Company A Texas Corporation Its General Partner By: Jo ammond, Vice President � 1 Executed on this the 3 day of August � 2009. CITY O IE SWOOD: By: Davi J. . Smith Mayor ATTEST: � o� F R�Ely�s � � � � �O De oris McKenzie, T C � � City Secretary * * s r�TF OF '��+P�