
=== PDF PAGE 1 ===
DocuSign Envelope ID: F0DCB770-99A8-4107-A558-F62F0B99992A
AMENDMENT NO. 20 TO
FACILITY CONCESSION AGREEMENT
SH 130, SEGMENTS 5 & 6 FACILITY
THIS AMENDMENT NO. 20 TO FACILITY CONCESSION AGREEMENT (this
"Amendment") is entered into and effective as of6/27 2017 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:
A.
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." All capitalized terms used but not defined herein
shall have the meanings set forth in the FCA.
B.
TxDOT and Developer desire to revise the description of certain monthly reports
required from the Developer by amending Attachment 3 to the Technical Requirements (Book 2)
of the FCA, 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.
Changes to FCA Technical Requirements (Book 2), Attachment 3 - Monthly,
Quarterly and Annual Reporting Requirements. Attachment 3, Section I: Monthly Report, Item
11 Noncompliance Points and Default, is hereby deleted in its entirety and replaced with the
following:
11
Breaches or Failures to Perform, and
Noncompliance Points
Articles 17 and
18 and Exhibits
1 and 20 of the
Agreement
T
List of breaches or failures to perform, cured or
uncured during the month; the number of
breaches or failures to perform, cured or uncured
in the preceding 12 months.
List of assessed Noncompliance Points during
the month; a record of the number of uncured
Noncompliance Points at the end of the month;
the number of Noncompliance Points assessed in
the preceding 12 months and 36 months.
2.
Effectiveness of FCA Documents. Except as specifically amended hereby, the
provisions of the FCA Documents, as previously amended by Amendments 1 - 19, are hereby
confirmed without change.


=== PDF PAGE 2 ===
DocuSign Envelope ID: F0DCB770-99A8-4107-A558-F62F0B99992A
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:
Alfonso Or
Chief Executive Officer
IxDOT:
TEXAS DEPARTMENT OF
TRANSPORTATION
DocuSigned by:
By: James Bass
ames
AES BAS.7B40
Executive Director
2
