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AMENDMENT
CONTRACT NO. b �l ,/7
AMENDMENT NO. 2 TO
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 48603
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("City") and Wal-Mart Real Estate Business
Trust ("Developer") entered into a Community Facilities Agreement, City Secretary Contract
No. 48603 ("CFA"), wherein Developer is to make certain improvements related to a project
generally described as Park Vista Road Improvements("Project"); and
WHEREAS, in City Secretary Contract No. 48847, the City of Fort Worth and the
City of Keller entered into an Inter-local Agreement related to the Project wherein the City of
Keller has agreed to pay for one hundred percent of the cost of the installation of a forty-eight
inch casing pipe for a future transmission water line; and
WHEREAS, the City and Developer executed Amendment No. 1 to the CFA to
reflect the addition of the installation of the forty-eight inch casing pipe; and
WHEREAS, the City and Developer contemplated that the CFA would need to be
amended to extend the deadline for Developer to complete construction of the improvements
in the CFA; and
WHEREAS, this Amendment No. 2 to the CFA shall establish the new deadline for
Developer to complete construction of the improvements in the CFA;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends City Secretary
Contract No. 48603:
1.
Section P of the CFA is hereby amended to be and read:
P. COMPLETION OF IMPROVEMENTS
i. The City's obligation to participate (exclusive of front foot charges) in this
Agreement shall terminate if the Improvements are not completed and accepted
by February 28, 2019, minus any delays caused by the City; provided, however, if
construction of the Improvements has started before February 28, 2019, the
Developer may request that the CFA be extended for one (1) additionalyear, TF
City of Fort Worth,Texas OFFICIAL RECORD
Amendment No.2 to City Secretary Contract No.48603 CITY SECRETARY
Pagel of 3
FT.WORTH,TX
the Improvements are not completed within such extension period, minus any
delays caused by the City, there will be no further obligation of the City to
participate. City participation in this CFA shall be subject to the annual
availability of City funds as approved by the City Council.
ii. Subject to paragraph i, above, the City shall reimburse Developer for the City's
costs upon presentation of proper documentation of completion of installation of
the Improvements.
iii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iv. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if on
February 28, 2019 (and any extension period) the Improvements have not been
completed and accepted.
v. The City may utilize the Developer's financial guarantee to cause the payment of
costs for construction of the Improvements before February 28, 2019 if the
Developer breaches this Agreement, becomes insolvent or fails to pay costs of
construction and the financial guarantee is not a Completion Agreement. If the
financial guarantee is a Completion Agreement and the Developer's contractors
and/ or suppliers are not paid for the costs of supplies and/or construction, the
contractors and/or suppliers may put a lien upon the property which is the subject
of the Completion Agreement.
2.
All other provisions of the CFA, which are not expressly amended herein, shall remain
in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth,Texas
Amendment No.2 to City Secretary Contract No.48603
Page 2 of 3
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested
by its City Secretary, with the corporate seal of the City affixed, a sail Developer has executed
this ins me in q adrupl•cate, at Fort Worth, Texas this day of
20_L�--.
CITY OF FORT WORTH DEVELOPE
Wal- art Real state Business Trust
Jesus J. Chapa
Assistant Ci Manager Nam B n
Date: 7 Tit Real Estate and Portfolio
Management(West Division)
Recommended by: Date: 9-3L �2 7
L12L ATTEST: (Only if required by Developer)
Wendy Chi-jgabulal, EMBA, P.E.
Development Engineering Manager
Water Department
`` J Name:
�, L
Douglas NV Wiersig, P.E.
Director Contract Compliance Manager:
Transportation& Public Works Department By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including all
Approved as to Form &Legality: performance and reporting requirements.
r4
Richard A. McCracken N e:
Assistant City Attorney FORT
M&C No.
Date: ATTEST: ,.0''•............••GL4
Form 1295: ri
�t
Mary J.Ws r
City SecretaryP`�
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No.2 to City Secretary Contract No.48603
Page 3 of 3 FT.WORTH,TX