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HomeMy WebLinkAboutContract 26474 CITY SECRETARY ,/ CONTRACT NCS. c� 41 �` AMENDMENT TO CITY SECRETARY CONTRACT STATE OF TEXAS ) COUNTY OF TARRANT ) WHEREAS,the City of Fort Worth("City")and M&M Business and Equipment Company ("Developer") made and entered into a Community Facilities Agreement (City of Fort Worth City Secretary Contract No. 23944) hereinafter referred to as the "Original Contract"; and WHEREAS, the Original Contract provides for the installation of community facilities to Stepp Business Park (the "Property"), being legally described as: Stepp Business Park Addition, Block 1, Lots 1-3; Block 2, Lots 1-7; Block 3, Lots 1-3, an addition to the City of Fort Worth, Tarrant County, Texas, a total of 13 lots consisting of approximately 121 acres; and WHEREAS, the Original Contract was amended by City of Fort Worth City Secretary Contract No. ?tet-(poo (the "Amendment") in the form attached hereto as Exhibit "A" and made a part hereof, to provide terms for funding and construction of a roadway known as Mark IV Parkway, which terms included the agreement of Developer to reimburse the City the sum of $40,000.00 to be paid in partial payments upon application for building permit for improvements to be constructed on any portion of the Property; and WHEREAS, the Original Contract, as amended by the Amendment, is hereinafter referred to as the "Contract"; and WHEREAS, Developer has paid the sum of$32,328.00 on behalf of the City for fees and expenses required for railroad permits and easements in connection with the improvements covered by the Contract; and WHEREAS, in lieu of reimbursement to Developer for such fees and expenses paid by Developer, the City has agreed to release Developer from its obligation to reimburse the City the sum of $40,000.00 as provided in the Contract, provided that, upon the full execution of this agreement, Developer shall pay to City the sum of$7,672.00, as the remaining balance due under the Contract. NOW, THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: 1. Upon the full execution of this agreement by City and Developer,Developer shall pay to City the sum of$7,672.00. The City hereby agrees to accept such payment, together with the payment which has been made by Developer in the amount of$32,328.00 for fees and expenses paid by Developer on behalf of the City for railroad permits and easements in connection with the ,� N improvements described in the Contract as full satisfaction of Developer's obligation under the Contract to reimburse the City the sum of$40,000.00 as provided in the Contract, and Developer is hereby released from its obligation under the Contract to pay such sum to the City. 2. Developer hereby agrees that, in consideration of the release in paragraph 1 above, the City is hereby released from any obligation to reimburse Developer for the $32,328.00 paid by Developer on behalf of the City for railroad permits and easements in connection with the improvements described in the Contract. 3. Except as modified herein, the Contract is hereby ratified and affirmed. EXECUTED on the 1YtA day o2000. CITY OF FORT ORTH I ,,.By: ke Groo er, Assistant City Manager ATST: i 4� (_1 - / q_;� 9 � `C' � 6t,� Contract Authorization loria Pearson City Secretary 1--2 "L'Z) Approved as to form: Date Assistant ttorney DEVELOPER: M&M BUILDING AND EQUIPMENT COMPANY By: Rod p aging Partner 68156 - 2 - -.� UQORD ! °L P :J 7-�7 n STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT NO. WHEREAS, the City of Fort Worth ("City") and M&M Business and Equipment Company ("Developer") made and entered into a Community Facilities Agreement (City of Fort Worth City Secretary Contract No. 23944),hereinafter referred to as the "Contract"; and WHEREAS, the Contract provides for the Installation of Community Facilities to Stepp Business Park, such Business Park being legally described as: Stepp Business Park Addition, Block 1, Lots 1-3; Block 2, Lots 1-7; Block 3, Lots 1-3 An addition to the City of Fort Worth,Tarrant County, Texas, a total of 13 lots consisting of approximately 121 acres and WHEREAS, it has become necessary to amend the Contract to include terms for the funding and construction of Mark IV Parkway, a 40 foot wide roadway of collector grade pavement, from Downing Drive south approximately 575 L.F. to Developer's north property line (Lot 1, Block 1). . NOW, THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the contract: 1. Article II, Paragraph B, Section 3 at page II-7 and Paragraph C, Section 3 at page II-12 of the Contract each are amended to be and read as follows: The following special cost distribution conditions shall be in lieu of, shall supersede and shall prevail over any of the standard distribution provisions which may conflict herewith. The City hereby agrees to provide Developer with the funding necessary to construct an extension of Mark IV Parkway south from Downing Drive to Developer's north property line. Developer will be responsible for performing all labor and furnishing all material necessary thereto. Developer further agrees to reimburse the City the sum of forty thousand dollars ($40,000.00). Said reimbursement may be submitted in partial payments due upon application for building permit for improvements to be constructed on any portion of the Property. For purposes of payment calculation, Developer shall G?MPy reimburse the City at the rate of$526.32 per acre not to exceed a total of forty- thousand dollars ($40,000). (See Exhibit A) . Owner agrees to make full payment to the City on or before the tenth (10`x) anniversary of the execution of this contract amendment by both parties, regardless of whether or not a building permit application has been submitted for each of the Owner's lots. 2. Article H, Section D. "STREETS TO BE IMPROVED ON THE ASSESSMENT BASIS" is deleted from the agreement. 3. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. Executed on this thoo2ay of , 199 . AT ST: CITUFF W tR , By: Gloria Pearson Mike Groomer City Secretary Assistant City Manager APPROVED AS TO FORM Assistan City Attorney ATTEST: DEVELOPER: M&M BUILDING & EQUIPMENT COMPANY k� p By: C — f7l! 6 Rod Contract Authorization Manage g Partner Date / '���U ''�UG•.'' U='l5'GvU�© STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Mike Groomer, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C22c%� day of 190_. ublici an for the 9ARAM JANK QQ6R State of Texas NOTARY PUBLIC �,+ State of Texas My Commission expires: Comm. Exp.Ot•MD02 n ~h. STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Rod Stepp, Managing Partner of M&M Building and Equipment Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to that he executed the same for the purposes and consideration therein expressed. GR%EN UNDER MY HAND AND SEAL OF OFFICE this fi day of � '�¢�-��e�, , 19q. Notary'Public, State of Texas My Commission Expires 10ifA) az EF , ELIZABETH N. COX�1kNotary PSTATE OF TE MS Comm.Exp.10/07/02 G��G0P0 E„ U E- C,o O m � O M O � o II ' N 101 a v� ''o 6 � wpm a � P lime � U O A aet .— 4A dx do e� A 9 d A aZ CL W a A � coo m MY City of Fort Worth, Texas 4"11601f And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/12/00 C-18392 20STEPP 1 of 2 SUBJECT AMENDMENT NO. 2 TO COMMUNITY FACILITIES AGREEMENT WITH M&M BUILDING AND EQUIPMENT COMPANY FOR THE INSTALLATION OF COMMUNITY FACILITIES TO SERVE STEPP BUSINESS PARK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Amendment No. 2 to the Community Facilities Agreement with M&M Building and Equipment Company for the Installation of Community Facilities to serve Stepp Business Park. DISCUSSION: On May 19, 1998 (M&C C-16782, City Secretary Contract No. 23944), the City Council authorized the City Manager to enter into a Community Facilities Agreement (CFA) with M&M Building and Equipment Company (the Developer) for the installation of community facilities to serve Stepp Business Park. On January 5, 1999 (M&C C-17196, City Secretary Contract No. 24600), the City Council authorized the City Manager to execute Amendment No. 1 to the CFA with M&M Building and Equipment Company. The City provided the funding necessary to construct Mark IV Parkway from Downing Drive south, approximately 575 linear feet, with a new crossing of the Burlington Northern Santa Fe Railroad. Under the terms of the amendment, the Developer was to reimburse the City the sum of $40,000 to be paid in partial payments due upon application for a building permit for improvements to be constructed on any portion of the property. The Developer has paid $32,328 on behalf of the City for fees and expenses required for railroad permits and easements in connection with the crossing of the Burlington Northern Santa Fe Railroad. Upon execution of Amendment No. 2, the City acknowledges that the $32,328 paid in fees and expenses by the Developer is partial payment of the $40,000 sum and agrees to release the Developer from its obligation to reimburse the City the sum of $40,000, provided that the Developer shall pay the City the sum of$7,672 as the remaining balance due under the contract. This project is located in COUNCIL DISTRICT 2. City of Fort Worth, Texas "affor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/12/00 C-18392 20STEPP 2 of 2 SUBJECT AMENDMENT NO. 2 TO COMMUNITY FACILITIES AGREEMENT WITH M&M BUILDING AND EQUIPMENT COMPANY FOR THE INSTALLATION OF COMMUNITY FACILITIES TO SERVE STEPP BUSINESS PARK FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Transportation and Public Works Department is responsible for the collection of funds due to the City under this agreement. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Hugo Malanga 7801 (from) DEC 12 2000 Additional Information Contact: Hugo Malanga 7801