Loading...
HomeMy WebLinkAboutContract 51077-A1 CITY SECRETARY CONTRACT NO. 510"1"1- FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 51077 GoRELEASE se PfyAV A SBETWEEN THE TTLEMENT ANITY OF FORT WORTHNT AND D.R.HORTON-TEXAS,LTD. Y i iY This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51077("First Amendment), is made and entered into by and between The City of Fort Worth, a home-rule municipal corporation of the State of Texas("City"),acting by and through its duly authorized Assistant City Manager, and D.R. Horton-Texas, Ltd. ("DR Horton"), a Texas limited partnership, acting by and through its duly authorized agent. WHEREAS, on July 31, 2018, the City and DR Horton entered into a settlement and release agreement, City Secretary Contract No. 51077 ("Agreement"), concerning violations of the City's Urban Forestry Ordinance and an urban forestry permit by DR Horton's contractor;and WHEREAS, Exhibit C of the Agreement requires DR Horton to plant trees on medians located in the public right-of-way in accordance with plans that were approved by the City in a letter dated June 21, 2018;and WHEREAS, DR Horton has submitted revised plans to the City for planting trees on medians located in the public right-of-way which were approved by the City in a letter dated November 19, 2018; and WHEREAS, the City and DR Horton desire to amend the Agreement to incorporate the revised plans for planting trees on medians in the public right-of-way; NOW,THEREFORE, in consideration of the mutual covenants herein expressed,the City and DR Horton agree to amend the Agreement as follows: I. Exhibit C, Section 2.02 of the Agreement is amended to be and read as follows: 2.02 On November 19, 2018,the City issued a letter approving plans for all work and planting materials under this Agreement,and all work by DR Horton shall be in compliance with such plans. II. MISCELLANEOUS 1. All terms of this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. 2. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. FIRST AMENDMENT TO CSC 51077 ®FF14 WORD A SETTLEMENT AND RELEASE AGREEMENT BETWEEN CITY SECRETARY THE CITY OF FORT WORTH AND D.R.HORTON-TEXAS,LTD. FT WORTH,TX IN WITNESS WHEREOF,the parties have executed this First Amendment to be effective on the date signed by the Assistant City Manager. THE CITY OF FORT WORTH D.R.HORTON—TEXAS,LTD., a Texas Limited Partnership By: D.R.Horton,Inc., a Delaware Corporation, its authorized agent Jesus J. Chapa Benjamin Clark Assistant City Manager Assistant Vice Presi nt Date: Date: Recommended by: andle Harwo ,Dir ctor • Planning and Development Department APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Contract Complianc Manager: Sr.Assistant City Attorney By signing, I ackno ' edge that I am the person responsible for th monitoring and administration t 's contract, including ATT ,4 '.,"insuring all,. rf ance and reporting . etluirem F f J.Kayser 'M uar- City Secretary g < _ P k O e ations District Superintendent l FIRST AMENDMENT TO CSC 51077 RECORD A SETTLEMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND D.R.HORTON-TEXAS,LTD. CITY SECRETARY FT WORTH,TX