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HomeMy WebLinkAboutContract 49535-A1 AMENDMENT NO. 1 TO COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 49535-A1 COUNTY OF TARRANT § WHEREAS, the City of Fort Worth ("City") and Bloomfield Homes, L.P. ("Developer") entered into a Community Facilities Agreement, City Secretary Contract No. 49535 ("CFA"), wherein Developer is to make certain improvements related to a project generally described as Watersbend North Phase 4B ("Project"); and WHEREAS, the Project includes the construction of water, sewer, paving, storm drain, street light and sign improvements; and WHEREAS, the Developer and the City executed a Completion Agreement as the financial guarantee for the Project(City Secretary Contract No. 49536); WHEREAS,the Developer has constructed a portion of the improvements under the CFA; and WHEREAS, the Developer has requested to replace the Completion Agreement with a Cash Escrow in the amount of $169,240.06, as the financial guarantee for the remaining improvements to be constructed under the CFA, which sum represents one hundred twenty-five percent of the remaining improvements to be completed; and WHEREAS, City staff has verified the improvements that have been constructed and the improvements remaining to be constructed under the CFA and the Developer has delivered to the City proof of payments to the Developer's contractors and lien releases from the Developer's contractors for the improvements that have been constructed; 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. 49535: 1. City Secretary Contract No. 49535 is hereby amended to add Section Q. to be and read as follows: Q. Developer certifies that Developer has paid its contractors for all amounts owed for work previously performed under this CFA. Developer has delivered to the City a check in the amount of$169,240.06 as a Cash Escrow financial guarantee representing one hundred twenty-five percent of the remaining Improvements to be constructed under this Agreement. Developer agrees that the City may utilize the Cash Escrow in accordance with this Agreement. City of Fort Worth,Texas OFFICIAL RECORD Amendment No. 1 to City Secretary Contract No.49535 CITY SECRETARY Page 1 of 2 FT.WORTH,TX 2. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed 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, at Fort Worth, Texas this 10th day of September , 2018. CITY OF FORT WORTH DEVELOPER Bloomfield Homes, L.P. J-1 By Bloomfield Properties, Inc., Jesus J. Chapa Assistant City Manager boruz%�i i bY,GCsI�� Date: Aug2,2018 Donald j DVksra(Jul 31,2018) Name:Donald J. Dykstra Title: President Date: Jul 31,2018 Recommended by: Wendy Chi-Babulal(Aug 1,20181 znia Scarlett Morales Janie Scarlett Morales(Jul 31,2018) Wendy Chi-Babulal, EMBA, P.E. Name: Engineering Manager Water Department '2�all al"I d Douglas Ie-&g Aug 2,20181 Contract Compliance Manager.- Douglas anager:Douglas W. Wiersig, P.E. By signing, I acknowledge that I am the Director person responsible for the monitoring and Transportation & Public Works Department administration of this contract, including all performance and reporting requirements. Approved as to Form &Legality: ,ri�X ItkC,- Gif2l! Name: Janie Morales Richard A.McCracken(Aug 2,2018) Title: <10RT Richard A. McCracken DSCO,p Assistant City Attorney % , , •� M&C No. NSA ATTEST: Date: Miry T. KA,yser *''• Form 1295:_ N/A MaryJ.Kayser(Sep 10,2018) Mary J. Kayser City Secretary OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.49535 FT.WOITI 9 TXPage 2 of 2