The URL can be used to link to this page

Home My WebLink AboutContract 48796-A1 CITY SECRETARY CONTRACT NO. 48796-A1 -e T AMENDMENT TO COMMUNITY FACILITIES AGREEMENT 8 ,199 V THIS FIRST AMENDMENT TO COMMUNITY FACILITIES AGREEMENT, ("First Amendment") is made and entered into by and between the City of Fort Worth, a home- rule municipal corporation ("City") acting by and through its duly authorized Assistant City Manager, and Mansions Apartment Homes at Marine Creek, LLC, a Texas limited liability company("Developer"), acting by and through its duly authorized representative. WHEREAS, the City and Mansions at Marine Creek, L.P. entered into a Community Facilities Agreement, City Secretary Contract No. 48796 ("CFA"), wherein Mansions at Marine Creek,L.P.was required to construct certain public infrastructure ("Improvements")in connection with the development of Lot 1,Block 1;Lot 1, Block 2; Lot 2, Block 3, and Lot 3, Block 3,Marine Creek Apartments Addition of the City of Fort Worth("Property"); and WHEREAS, the CFA was assigned by Mansions at Marine Creek, L.P. to Developer pursuant to an Assignment of Community Facilities Agreement; and WHEREAS, Developer desires to alter the manner in which the Property will be developed; and WHEREAS, an amendment to the CFA is necessary to allow Developer to revise the development plans; NOW THEREFORE, City and Developer enter into the following agreement, which amends the City Secretary Contract No. 48796: 1. Section P of the CFA is amended to add subsection v. to read as follows: V. Pursuant to the Consent to Assignment of Community Facilities Agreement, Developer has material testing and inspection fees in the amount of $116,117.19 on deposit with the City. Upon completion of revised engineering plans by Developer and acceptance of the revised plans by the City, and prior to Developer proceeding to construction, Developer shall deposit with the City any additional material testing and inspection fees required by this Section P that are necessary due to Developer's revised plans. 2. OFFICIAL RECORD Section Q of the CFA is amended to read as follows: CITY SECRETARY FT.WORTH,TX City of Fort Worth,Texas ' Amendment No. i to City Secretary Contract No. 48796 Page i of 5 Q. REPLAT, REDESIGN AND COMPELTION OF CONSTRUCTION i. Developer and City agree that Developer shall replat the Property. Developer shall have one (1) year from the execution of this First Amendment to conduct new engineering studies and replat the Property. Developer and City may extend this deadline for an additional one (1) year if Developer has made progress towards completing the engineering studies and submitting an application to replat the Property. ii. Developer shall submit new engineering plans to the City for review and acceptance by the City's Infrastructure Plan Review Center. Upon acceptance of the plans by the City, Developer and City shall execute an amendment to the CFA to incorporate the revised plans. Developer shall have two (2) years from the execution of the amendment to the CFA for the revised plans to complete the Improvements, provided, however, if construction of the Improvements has started within the two year period, Developer may request that the CFA be extended for one (1) additional year. 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 or to cause the payment of costs for construction of the Improvements if. (1) at the end of the one year period set forth in Subsection i. above (and any extension period), Developer has not replatted the Property; or (2) if at the end of the two year period set forth in Subsection ii. above (and any extension period), the Improvements have not been completed and accepted by the City. V. The City may utilize the Developer's financial guarantee to cause the complete of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the time periods set forth in subsections i. or ii. above, if Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. vi. Developer understands and agrees that Mansions at Marine Creek, L.P.previously graded the Property pursuant to a Grading Permit or Early Grading Permit issued by the City and that such grading may have resulted in the removal of trees from the Property. Developer agrees that the Urban Forestry Permit issued to Mansions at Marine Creek, L.P. runs with the land and that Developer shall comply with the requirements of Mansions at Marine Creek, L.P.'s Urban Forestry Permit and Mansions at Marine Creek, L.P.'s plans that City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.48796 Page 2 of 5 were approved by the City, including canopy coverage of seventy percent (70%) of required open space. 3. Exhibit D, Section I, Subsection a of the CFA is amended to read as follows: a. License Period. The term of this Permit shall be for 180 consecutive days ("License Period"). The License Period shall commence on the fifth business day following the date on which the amendment to the CFA containing the revised plans is executed by the City ("Commencement Date") and shall end at 11:59 p.m. on the 1801h day following the Commencement Date ("Expiration Date"). 4. The Financial Guarantee Options section of the Cost Summary Sheet of the CFA is amended to read as follows: Bond= 100% X $ 2,030,227.35 Completion Agreement=100%/Holds Plat Cash Escrow Water/Sanitary Sewer— 125% Cash Escrow Paving/Storm Drain=125% Letter of Credit=125%w/2yr expiration period 5. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No.48796 Page 3 of 5 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, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this 6 day of TU4C,- - , 20/1 CITY OF FORT WORTH ATT esus . Chapa J. Kayser ssistant ity Manager City Secretary FOf27, Date: Recomme ded by: U 'z *' c� Wendy Chi-Babulal, EMBA, P.E. 7FXA5. Development Engineering Manager Water Department Contract Compliance Manager: By signing, I acknowledge that I am the ' person responsible for the monitoring and administration of this contract, including all DouglasAl. Wiersig, P.E. performance and reporting requirements. Director Transportation & Public Works Department Approved as to Form &Legality: Name: Jakle Morales Title: Development Manager Richard A. McCracken Assistant City Attorney No M&C Required Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.48796 Page 4 of 5 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, and said Develpper has executed this instrument in quadruplicate, at Fort Worth, Texas this A day of 1(44e-- 920/5 CITY OF FORT WORTH DEVELOPER MANSIONS APARTMENT HOMES AT MARINE CREEK, LLC Jesus J. Chapa A Texas limited liability company Assistant City Manager Date: l � t Recommended by: Name: Hal Thorne Title: Manager Date: o —n Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Water Department ame: T' arton Title: Manager Douglas W. Wiersig, P.E. Date: Ofo-o�-Zmt�' Director Transportation&Public Works Department Approved as to Form &Legality: Richard A. McCracken Contract Compliance Manager: Assistant City Attorney By signing, I acknowledge that I am the person responsible for the monitoring and No M&C Required administration of this contract, including all Form 1295: N/A performance and reporting requirements. ATTEST: Name: Janie Morales Title: Development Manager Mary J. Kayser City Secretary N:e OFFICIAL RECORD CITY SECRETARY FT..WORTH,TX City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No.48796 Page 4 of 4