Loading...
HomeMy WebLinkAboutContract 35344STATE OF TEXAS �tl� ��,�� �;��;������ t;�NT��1�� �9f_� . �4 COUNTIES OF TARRANT DENTON AND WISE EXTENSION TO COMMENCE WORK AMENDMENT TO CITY SECRETARY CONTRACT NO 35260 THIS Amendment to City Secretaiy Contract No. 35260, is for the extension of time to commence worlc as described in Section 1.6 "Time to Start" (hereinafter "Extension") is hereby authorized and agreed to by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Libby Watson, its duly authorized Assistant City Manager, and BLG Northside Development, L.P., hereinafter referred to as `Bor•rower". WHEREAS, the City and Borrower entered into that certain Brownfields Cleanup Revolving Loan Fund Agreement identified as City Secretary Contract No. 35260, (the "Contract") commencing on May 2, 2007 made pursuant to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 USC 9601 et. seq., as amended and the related regulations found at 40 CFR Parts 31, 35 and 300 ("CERCLA Regulations") with Brownfields Clean-up Revolving Loan Funds for the clean-up of approximately 33 acres of land in Fort Worth, Texas lcnown by and through the Contract as the Property; WHEREAS, the City entered into a Continuing Agreement with Cytec Industries, Inc., ("Cytec"), the previous owners of the Property, known as City Secretary Contract No. 27252 which calls for the cooperation and concui7•ence of Cytec with regard to remediation performed on the Property; and WHEREAS, the City and Borrower are currently awaiting Cytec's review and comment on Borrower's plans and related documents with regard to the design and implementation of the proposed remedial measures related to the clean-up of the Property, and Cytec's approval of the City's designated representative. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acicnowledged and confessed, the parties hereto agree that the first sentence of Section 1.6 of the Contract shall be deleted and replaced with the following: "The time to commence cleanup of the Property shall be begin within ten (10) business days after the date Cytec has given its written approval via email, letter or facsiinile to commence clean-up of the Property, and Boi7•ower shall complete and perform all worlc on the Project within one (1) year of the date that on-site cleanup activity is initiated by Borrower, in accordance with the RAP and Project Schedule, unless the U. S. EPA determines that the cleanup may continue consistent with CERCLA § 104(c)(1) and the National Contingency Plan, 40 CFR §300.415(b)(5) and the Borrower submits such determination in writing to the City." First Amendment and E�tension to BCRLF Agreement CRL 5.30.07v1 -1- � ;�f�'l'L;;,,l ti�`,t,,�'{`; �: ;,,., ,�� ��,-.,4;�� `, � �'','; ' l, , i°� Is`��;� ! 1'� 'v �� �1 c ��,� � 1u,� ��, � �S� ,�. Q � U•. `�.Yv��;i'�J��ifl'� U�Gl. .� S� Executed this� d y of � , 2007. All other terms and conditions shall remain the same. Signature Page-BCRFL Extension CITY OF FORT WORTH BORROWER ��-�'i � Libb Watson �� Y G� Assistant City Manager proved as to Form . . Assistant ity Attorney Attest: y�� . Marty Hendrix City Secretary NO �i�C R�QUIR�D First Amendment and Extension to BCRLF Agreement CRL 5.30.07v1 BLG Northside Development, L.P. By: BLG Northside Properties, LLC, its general partne Carl W. Bell, President % -2- �l "/':4] �, .p,li�,i,,�} ^I l' - � v. � �� �'( ,1 l•,.' S �5r ��;� ��% �� ��'I � '� 9�'l� ��;� ��fsU�� � �( �a ��':T���V �}G��U l' � U �:,'�a �