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AMENDMENT NO. 17 TO
FACILITY CONCESSION AGREEMENT
SH 130, SEGMENTS 5 & 6 FACILITY
THIS AMENDMENT NO. 17 TO THE FACILITY CONCESSION AGREEMENT (this
"Amendment") is entered into and effective as of AvGust 2z
_, 2016 between the Texas
Department of Transportation, a public agency of the State of Texas ("TxDOT"), and SH 130
Concession Company, LLC, a Delaware limited liability company ("Developer"), with reference
to the following facts:
TxDOT and Developer entered into that certain Facility Concession Agreement
dated as of March 22, 2007 (as amended, the "FCA"), together with related agreements
collectively referred to in the FCA as the "FCA Documents."
B.
TxDOT and Developer desire to amend the FCA Documents as provided
herein.
NOW, THEREFORE, for good and valuable consideration and the mutual covenants
and agreements herein contained, the receipt and sufficiency of which are hereby
acknowledged, the Developer and TxDOT hereby agree as follows:
1.
Definitions. All capitalized terms used but not defined herein shall have the
meanings set forth in the FCA.
2.
Amendment to Part B of FCA Exhibit Z.
hereby amended to read as follows:
Section 1 of Part B of Exhibit 7 is
Part B.
Revenue Sharing
1.
General
Developer shall pay to TxDOT the amounts determined in accordance with this
Part B of Exhibit 7 (the "Revenue Share Amount") so as to enable TxDOT to
participate in the Toll Revenue being generated by the Facility, and interest
earned on such amounts prior to distribution at the same rate as earned by
Developer on its undistributed Toll Revenues (which rate shall be the rate
earned on the Toll Revenue Account or, if applicable, the Developer Claims
Account, for so long as such amounts are held therein). For purposes of this
Part B, Fiscal Year.Toll Revenues shall include revenues accrued cr earned
during a Fiscal Year whether or not actually received by Developer during that
Fiscal Year.


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3.
Effectiveness of FCA Documents. Except as specifically amended hereby, the
provisions of the FCA Documents, as previously amended by Amendments 1 - 16, are hereby
confirmed without change.
4.
Binding Effect of Amendment. This Amendment is entered into pursuant to
Section 24.3 of the FCA, and shall be valid, effective and enforceable.
Counterparts. This Amendment may be executed in multiple counterparts,
each of which shall be fully effective as an original and all of which together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed as of the day and year first above written.
DEVELOPER:
SH 130 CONCESSION COMPANY, LLC
By:
Chief Executive Officer
IxDOT:
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Aumos 1lBrtss
James M. Bass
Executive Director
2
