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Home My WebLink AboutResolution No. 2010-32 RESOLUTION NO.R2010-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A THIRD 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 Third 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 2nd day of August,2010. i' David J. H. Smith Mayor ATTEST: ^ o� FR�ENpS ," �J�� O � O Melinda Welsh, TRMC v ° City Secretary * * cPj,�r� OF ZE�Q,y Exhibit A (R2010-32) THIRD 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 Third Amendment ("Third 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 "DistricY' 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 15�', 2005; and, WFIEREAS, 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 entered into that certain Second Amendment to the Utility Services Contract (the "Contract") effective on or around August 3, 2009; 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: l. Article 2. District Facilities. Section 2.4.1 shall be revised to read as follows: Exhibit A 2.4.1 The District will finance, design and construct the District Thoroughfare System described in Exhibit E and finance and construct a traffic si�nal at the intersection of FM 518 and West Blvd in accordance with plans and specifications approved by the City in accordance with the Consent Conditions and applicable law and ordinance. 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 $15.34 million to finance Qualifying Facilities plus the costs of financing. 4. Exhibit C. Qualifying Facilities Exhibit C shall be amended to include: 12. Traffic signal at the intersection of FM 518 and West Blvd at an estimated cost of$340,000. THIS ADDENDUM IS EXECUTED on the dates shown by the signatures below, to be effective on the date of the signature on behalf of the City, which shall be the Effective Date of the Arriendment. Upon execution by the parties hereto, this Amendment shall be appended to and shall be incorporated into and be a part of the Agreement as if fully set forth therein. 3 rC( Executed on this the � day of �.t`J 2010. AUTUMN CREEK DEVELOPMENT,LTD., a Texas limited partnership By: LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION,LTD., a Texas limited partnership, Dba Friendswood Development Company as Attorney in fact By: Lennar Texas Holding Company A Texas Corporation Its General Partner E�ibit A By: o . a mond, ice President Executed on this the 2nd day of q,lg,lst , 2010. CITY OF FRIEND WOOD: By. David .H. Smith Mayor ATTEST: oF F R�Ely�s .�,�. �1:2Q-c� � o Melinda Welsh, TRMC ca � City Secretary * � � sA�r� oF ��Py ��1N � �� +�anstru�tian C�ost��tixnat� ' ENGIh�EEFi'$, IN�. � Traffc Sig�al at FM 51� �t West Boul�v�� NJ�bili�:atics�a $3t},qQi}.Q(} f3m�tnc�ital P��es c'�Fcat�nc�atir�ns $55 OOt1.{M? b`'�`��-��o > ��p,��,,,l,��,�tr Sigr��l Heads �15,�44.�4 a*.- � '•.�°+ ��: :��" .+..:........ .......:.>� P�ciestriat�Indi�ations �10,�(}(�.OQ � I��t' �, �€��ta�i�� ...................�..�. �i�l�a I�ete�tion Sy�ten� �3t�,t1{�.p�} +��` 6��5 �4�,� Signs and Ftashers ��,��0.�� °f$��,'�►�•�I��:��'�.'" ��itto�°`.. 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