HomeMy WebLinkAboutResolution No. 2014-09 RESOLUTION NO.R2014-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD,TEXAS,AUTHORIZING THE MAYOR
TO EXECUTE AND THE CITY SECRETARY TO ATTEST A
FOURTH 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 Fourth Amendment to the Utility Services Contract by
and between the City of Friendswood, Texas ("City"), Autumn Creels 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 5th day of May,2014.
Kevin M.Ho nd
Mayor
ATTEST: .....•,6
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((( n / ��[//,.1�6 .° • tl
Melinda Welsh, TRMC
City Secretary r
9TH OF �P>'
Exhibit A
FOURTH 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 Fourth Amendment ("Fourth Amendment") to the Utility Services Conti-act
("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 15', 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 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 entered
into that certain Third Amendment to the Utility Services Contract (the "Contract")
effective on or around August 2,2010; 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:
Exhibit A
1. 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 $20.34 million to finance Qualifying Facilities plus
the costs of financing.
4. Exhibit C. Qualifying Facilities
Exhibit C shall be amended to include:
13. The relocation of electrical power lines currently running alongside the
extension of Brittany Bay Blvd
14. The construction of a parking lot, a hail head, and a pavilion/restroom
facility to serve Lake Friendswood
15. Increase construction costs related to items 1 through 12
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 fidly set forth therein.
s�
Executed on this the Z3 day of oNE 2014.
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
i-'_
Joh ammond, Vice President
COVEROPOWAREA
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Exhibit A
Executed on this the 5L"day of Mal,2014.
CITY OF FRIENDSWOOD:
By:
Devi t M.Holland
May
ATTEST:
Melinda Welsh, TRMC
:0 :
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City Secretary