ENps. City Secretary. Mayor. PASSED APPROVED AND RESOLVED this 2nd day of August 2010 RESOLUTION NO R CITY OF FRIENDSWOOD TEXAS AUTHORIZING

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Cori Fletcher
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1 RESOLUTION NO R 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 David J H Smith Mayor ATTEST Melinda Welsh TRMC City Secretary rfof ENps O

2 R 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 District may be construed to include both Developer and the District as it is the intention ofthe 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 on Developer behalf of itself and the District entered into that certain Utility Services Contract the Contract effective August 15t 2005 and WHEREAS the City and Developer on behalf ofitself and the District entered into that certain First Amendment to the Utility Services Contract the Contract effective on or around June 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 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 ofthe 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 Article 2 District Facilities Section241shall be revised to read as follows

3 241 The District will finance design and construct the District Thoroughfare System described in Exhibit E and finance and construct a traffic signal at the intersection of FM 518 and West Blvd in accordance with plans and specifications approved by the City and applicable law and ordinance in accordance with the Consent Conditions 3 Article 4 Financial Matters Section42shall be deleted in its entirety and the following added in its place 42 Issuance limitation The District will not issue bonded debt in excess of the amount required to yield 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 offm 518 and West Blvd at an estimated cost of 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 of the part Agreement as if fully set forth therein Executed on this the 2556 day of U 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

4 Executed on this the 2nd day of August 2010 CITY OF FRIEND WOOD ByCD 0 David H Smith Mayor ATTEST M4 j Melinda Welsh TRMC n ca OF F REly s City Secretary OF

5 I BROWN GAY ENGINEERS INC Construction Cost Estimate Traffic Signal at F 51 at West Boulevard Mobilization Ornamental Poles Foundations r Signal Heads Pedestrian Indications Video Detection System Signs and Flashers Controller Meter Pole and Service 5000 Pavement Markings 5000 Traffic Control JOSK OW f r w 1A 6445 iew CIS I Emir 5 GAT firncfrs IreC tuff rzu REGIVR HO 1046 TFT t 1 16 I r 727ZOip Luminaires 5000 Conduit Pull Boxes Signal Interconnect Electrical Service Wheelchair Ramps and Sidewalks Lanscaping Wiring Subtotal Contingencies Engineering Management Coordination2000 Traffic Signal Design Bidding Support 2004 Construction Support 3000 Total Westheimer Suite Houston Yexas TEL FAX www hrawnpayxom

ORDER CALLING SCHOOL BOARD TRUSTEE ELECTION BY PLURALITY VOTE

ORDER CALLING SCHOOL BOARD TRUSTEE ELECTION BY PLURALITY VOTE THE STATE OF TEXAS COUNTIES OF GALVESTON AND HARRIS CLEAR CREEK INDEPENDENT SCHOOL DISTRICT WHEREAS, the Board of Trustees deems it necessary