HomeMy WebLinkAboutContract 49116-A1 CITY SECRETARY
`s CONTRACT N0.�&MV- 141
AMENDMENT NO. 1 TO
FE o r 20011ORr 8 CITY SECRETARY CONTRACT NO. 49116
c�rYOFror;r��
CIiySECRE7ARY H
ENHANCED COMMUNITY FACILITIES AGREEMENT
WITH HUNT SOUTHWEST-MERCANTILE,LLC
This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO.
49116 ("Amendment") is made and entered into by and between the CITY OF FORT
WORTH (the "City"), a home rule municipality organized under the laws of the State of
Texas, and HUNT SOUTHWEST-MERCANTILE, LLC ("Developer"), a Texas
limited liability company.
RECITALS
The City and Developer hereby agree that the following statements are true and
correct and constitute the basis upon which the City and Developer have entered into this
Amendment:
A. The City and Developer previously entered into that certain Enhanced
Community Facilities Agreement, a public document on file in the City Secretary's
Office as City Secretary Contract No. 49116 (the "Agreement").
B. The Agreement provides that Developer will construct certain public
improvements to N. Sylvania Avenue, as more specifically set forth in the Agreement
and defined therein as the "Improvements", and that the City will reimburse Developer
in an amount not to exceed 50% of the cost of the Improvements or $1,000,000.00,
whichever amount is less (the "Reimbursement"), provided that Developer also meets
certain minimum conditions related to associated private improvements. Specifically,
among other things, the Agreement requires Developer to expend at least $20,500,000.00
in Construction Costs for a distribution center comprising at least 655,000 square feet at
the northeast corner of N. Sylvania Avenue and Quorum Drive (the "Required
Improvements") by not later than January 31, 2018.
C. The terms and conditions of the Agreement approved by the City Council
in Mayor and Council Communication(M&C) C-28501 stipulate that the Agreement will
also require Developer to "use commercially reasonable efforts to meet a goal of
expending or causing to be expended with Fort Worth Certified M/WBE companies at
least 25 percent of the public improvement costs." However, the Agreement incorrectly
states that this goal applies to construction of the Required Improvements, which are the
private improvements that must be completed by Developer, rather than the
Improvements,which are the public improvements described in t
OFFICIAL RECORD
Page 1 CITY SECRETARY
Amendment No. 1 to CSC No.49116 'r)(
Enhanced Community Facilities Agreement between City of Fort Worth and Hunt Sout esf IGi'eWanCtile,H�,C
D. The parties wish to correct this error through execution of this
Amendment.
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained in the Agreement and this Amendment and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City and
Developer agree as follows:
AGREEMENT
1. The first sentence of Section P (Enhanced Requirements), subsection (iv)
(Additional Goals of Developer) is hereby amended to read as follows:
Developer will use commercially reasonable efforts to expend at
least 25% of all actual construction costs of the Improvements, as such
costs are estimated in the Cost Summary Sheet herein, with Fort Worth
Certified M/WBE Companies.
2. This Amendment is effective as of May 30, 2017.
3. All capitalized terms used but not defined in this Amendment shall have the
meanings ascribed to them in the Agreement.
4. This Amendment contains the entire agreement between the parties with respect
to the matters set forth herein. All provisions of the Agreement that are not specifically
amended by this Amendment shall remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 2
Amendment No. 1 to CSC No.49116
Enhanced Community Facilities Agreement between City of Fort Worth and Hunt Southwest-Mercantile,LLC
EXECUTED as of the later date below, but to be effective as of May 30, 2017:
CITY OF FORT WORTH: HUNT SOUTHWEST-
MERCANTILE,LLC, a Texas
limited liability company:
By: Y By:
—7,—/
. . j
Jes s J. Chapa Name: T PAA--S ib w HCA-0Assistant City Manager Title: V Ct
Date: a (lo (v Date: y l A g
APPROVED AS TO FORM AND LEGALITY:
By: _
Peter Vaky
Deputy City Attorne
M&C: none required
Form 1295: not required
AM �QF
Mary J. f�@O;W�Oeaet * _
}CAS.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Page 3
Amendment No. 1 to CSC No.49116
Enhanced Community Facilities Agreement between City of Fort Worth and Hunt Southwest-Mercantile,LLC
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee/Signature
Title
0 This form is N/A as No City Funds are associated with this Contract
I
Printed Name Signature