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Texas Department of Transportation
DEWITT C. GREER STATE HIGHWAOBLDGL. 925E.11TH STREET • AUSTIN, TEXAS 78701-2483 • (512) 463-8585
October 23, 2008
117
eived
OCT 2 9 2008
SH 130
C
C
Received
OCT 9 2008
SH 130 CC
100
Mr. Jose Labarra
Chief Executive Officer
SH 130 Concession Company, LLCS
7700 Chevy Chase Drive
Chase Park One, Suite 350
Austin, Texas 78752-1562
RE: SH 130 Segment 5 & 6 Facility Concession Agreement - Administrative Settiements
Dear Mr. Labarra:
This letter is being delivered to you to evidence our mutual agreements regarding certain
changes to the right-of-way acquisition provisions contained in Book 2 - Technical
Requirements of the Facility Concession Agreement (FCA) for the SH 130, Segments 5 & 6
facility dated March 22, 2007, (as amended) between the Texas Department of Transportation
(TxDOT) and SH 130 Concession Company, LLC (Developer). Initially capitalized terms not
otherwise defined in this letter shall have the meanings given those terms in the FCA.
The request in your September 2, 2008 letter cannot be agreed to as written due to CFR Title-
49 Part-24 Subpart B - Real Property Acquisition, Section 24.102 - Basic acquisition policies
item (i) - Administrative Settlement, which states,
. "The purchase price for the property may
exceed the amount offered as just compensation when reasonable efforts to negotiate an
agreement at that amount have failed and an authorized Agency Official approves such
administrative settlement as being reasonable, prudent, and in the public interest." However, in
an effort to cooperate and move the project forward, I would like to suggest a compromise to
your request.
The requested Developer's amendment to the FCA below is intended to assist the developer by
facilitating and expediting minor negotiated settlements in order to provide for the acquisition of
the right of way in a timely manner.
The following language will be added to Item 4 Section 7.4.1 of Book 2 - Technical
Requirements:
"When the aggregate compensation requested by the property owner is equal to or less than
$50,000, or the increase from the determination of just compensation to the compensation
requested by the property owner is less than or equal to $25,000.00, the Developer may submit
a recommendation for approval or disapproval of the settlement offer together with only such
detail as necessary to justify the recommendation. A settlement that fits the above criteria will,
in accordance with the Developer's recommendation, be approved or disapproved by the Texas
Turnpike Authority Division Right of Way Administrator who is the authorized Agency Official.
THE TEXAS PLAN
REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer


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Mr. Jose Labarra
- 2-
October 23, 2008
Settlements meeting these criteria would not require consideration or participation by the
Administrative Settlement Committee."
All Administrative Settlements requested by the property owners must be submitted to TxDOT
for consideration.
so or eyre ounted, ars, cacih of wul chr shande dee Toian orer are erealeor erie oa e er
shall constitute one and the same instrument.
If the foregoing correctly reflects your understanding of our mutual agreements, please so
indicate by signing both copies of this letter in the place indicated below and returning a signed
original to the undersigned.
Sincerely,
(
Thutfe lumcer
=. Russell, P.E
Assistant Executive Director
Innovative Project Development
Mark E. Tomlinson, P.E., Director, Texas Turnpike Authority Division, TxDOT
Bob Jackson, Director, Office of General Counsel, TxDOT
John P. Campbell, P.E., Director, Right of Way Division, TxDOT
Frank P. Holzmann, P.E., San Antonio District, TxDOT
Don Toner, SRA, Texas Turnpike Authority Division, TxDOT
ACCEPTED AND AGREED TO
THIS M
DAY OF OCTOBER 2008
NOVEmBER
SH 130 CONCESSION COMPANY, LLC
By:
Name: Jose Labarra
Title:
Chief Executive Officer
