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Home My WebLink AboutContract 45720-A1 CITY SECRETARY cowm No._ L457a o-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 A COMMUNITY FACILITIES AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND LGI HOMES—TEXAS,LLC THIS FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 ("First Amendment") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation located in the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager,and LGI HOMES—TEXAS,LLC ("Developer"),a Texas limited liability company. The City and Developer are referred to herein individually as a"Party"and collectively as the "Parties." WHEREAS, on July 2, 2014, the Parties entered into a Community Facilities Agreement, City Secretary Contract No. 45720 ("CFA"), for the construction of public infrastructure related to a project generally described as The Bridges Ph. 1 ("Project"); and WHEREAS, due to anticipated future development in the area of the Project the Fort Worth Water Department determined that the 10-inch off-site sewer main located approximately 500 linear feet south of McDonald Drive that was required to be constructed by the Developer, should be oversized to an 18-inch sewer line; and WHEREAS, Developer agreed to oversize the sewer main and the Fort Worth Water Department agreed to participate in the cost of the oversizing by amending the CFA to include the City's participation cost; and WHEREAS, the Developer completed construction of the Project and the City accepted the public infrastructure that was constructed pursuant to the CFA by the Developer on or about February 17, 2015; and WHEREAS,the CFA was never amended to include the City's participation in the cost of the oversized sewer main; and WHEREAS, the City has not closed the file, completed the reconciliation of the material testing and inspection fees, or released the Developer's financial guarantee for the Project; and WHEREAS, the City owes the Developer $5,506.20 for the cost of oversizing the sewer main and the Developer owes the City$11,545.70 for material testing and inspection fees for the Project; WHEREAS,the Parties mutually wish to reach a full, final and complete resolution of the amounts owed for the Project and a release of the Developer's financial guarantee by the City; NOW THEREFORE, in consideration of the mutual conditions and covenants described FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 Page 1 of 5 A COMMUNITY FACILITIES AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND LGI HOMES—TEXAS,LLC OFNUAL RECORD CITY SECRETARY ET. WORTH,TX herein, and for other good and valuable consideration,the sufficiency and receipt of which is hereby acknowledged,the Parties agree as follows: I. The Cost Summary Table of the CFA is amended to be and read as follows: Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ 504,337.50 $ - $ 504,337.50 2.Sewer Construction $ 640,075.80 $ 5,506.20 $ 645,582.00 Water and Sewer Construction Total $ 1,144,413.30 $ 5,506.20 $ 1,149,919.50 B. TPW Construction 1.Street $ 37,457.50 $ - $ 37,457.50 2.Storm Drain $ 27,125.00 $ - $ 27,125.00 3.Street Lights Installed by Developer $ 55,350.00 $ - $ 55,350.00 4. Signals $ - $_ - $ - TPW Construction Cost Total $ 119,932.50 $ - $ 119,932.50 Total Construction Cost(excluding the fees): $ 1,264,345.80 $ 5,506.20 $ 1,269,852.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 22,888.27 $ 110.12 $ 22,998.39 D. Water/Sewer Material Testing Fee(2%) $ 22,888.27 $ 110.12 $ 22,998.39 Sub-Total for Water Construction Fees $ 45,776.54 $ 220.24 $ 45,996.78 E. TPW Inspection Fee(4%) $ 2,583.30 $ - $ 2,583.30 F. TPW Material Testing(2%) $ 1,291.65 $ - $ 1,291.65 G. Street Light Inspsection Cost $ 2,214.00 $ - $ 2,214.00 H. Signals Inspection Cost $ - $ - $ - TPW Construction Fees Subtotal 5 6,088.95 $ - $ 6,088.95 Total Construction Fees $ 51,865.49 $ 220.24 $ 52,085.73 TOTAL PROJECT COST $ 1,316,211.29 $ 5,726.44 $ 1,321,937.73 Financial Guarantee Options,choose one Amount Choice (Mark one) Bond=100% $ 1,269,852.00 x Completion Agreement=100%/Holds Plat $ 1,269,852.00 Cash Escrow Water/Sanitary Sewer=125% $ 1,430,516.63 Cash Escrow Paving/Storm Drain=125% $ 149,915.63 Letter of Credit=125%w/2yr expiration period $ 1,587,315.00 II. PAYMENT AND OTHER CONSIDERATION City and Developer agree that City owes Develop $ $5,506.20 for the cost incurred by Developer for oversizing the 10-inch off-site sewer main located approximately 500 linear feet FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 Page 2 of 5 A COMMUNITY FACILITIES AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND LGI HOMES—TEXAS,LLC south of McDonald Drive to an 18 inch sewer main. City and Developer further agree that Developer owes City$11,545.70 for material testing and inspection fees for the Project. Contemporaneous with execution of this First Amendment, Developer shall pay to City $6,039.50 as complete and full satisfaction of the entire amount owed by Developer to City for the Project ("Settlement Amount"), such amount being the difference between what City owes Developer for oversizing the sewer main, and what Developer owes the City for material testing and inspection fees. After execution of this First Amendment and payment of the Settlement Amount by Developer to City, City shall release Developer's financial guarantee for the CFA. III. NO ADMISSION OF LIABILITY It is understood and expressly agreed that neither the payment of the Settlement Amount nor anything contained within this First Amendment shall be construed as an admission of any liability whatsoever on the part of City or Developer. The Parties acknowledge and agree that this First Amendment is made in compromise and settlement of a disputed claim and that by entering into this First Amendment neither Party intends to admit the correctness of the other Party's contentions. IV. RELEASE Except for the obligations under this First Amendment and the CFA, Developer(and each of its current and former members, officers, directors, owners, shareholders, partners, employees, attorneys, agents, representatives, divisions, affiliated entities, subsidiaries, related entities, parents,heirs,beneficiaries, successors,trustees,executors,and assigns)releases,remises,acquits, forever discharges,and covenants not to sue(as a full settlement and as an accord and satisfaction) City (and each of its current and former employees, attorneys, agents, representatives, divisions, affiliated entities, subsidiaries, successors, trustees, executors, assigns, and related entities) from any and all claims, however denominated, and manners of action, causes of action, suits, debts, obligations, choses in action, contracts, torts, covenants, claims, rights of contribution and/or indemnification, rights of subrogation, sums of money, judgments, executions, liabilities, damages, interest, fees, costs, expenses, demands and rights whatsoever, contingent or non- contingent, in law or in equity,known or unknown, suspected or unsuspected,previously existing, or existing as of the date of this First Amendment, including without limitation those relating to the CFA, the services provided thereunder, or the amount owed by the City to Developer for oversizing the sewer main, reconciliation of material testing and inspection fees or release of the Developer's financial guarantee. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 Page 3 of 5 A COMMUNITY FACILITIES AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND LGI HOMES—TEXAS,LLC V. MISCELLANEOUS 1. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. 2. All terms in this First Amendment that are capitalized but not defined shall have the meanings ascribed to them in the CFA. [SIGNATURES ON FOLLOWING PAGE] FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 Page 4 of 5 A COMMUNITY FACILITIES AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND LGI HOMES—TEXAS,LLC EXECUTED to be effective on the date signed by the City's Assistant City Manager. THE CITY OF FORT WORTH LGI HOMES—TEXAS,LLC Jesus J.Chapa(Feb 25,2019) Jesus J. Chapa Name: Cheryl(Elaine) Torres Assistant City Manager Title: Officer Date: Feb 25,2019 Date: Feb 25,2019 Recommended by: Chris Harder(Feb 25,2019) Chris Harder Director,Water Department APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken(Feb 25,2019) Richard A. McCracken Assistant City Attorney - R O� %?'p ATTEST ~;' � Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Mary J.'Kayser(Feb 2 ,2019) administration of this contract, including Mary J.Kayser/Ronald Gonzal ensuring all performance and reporting City Secretary/Assistant City Secretary ' requirements Tanio scarieirrioraies Janie Scarlett Morales(Feb 25,2019) Name: Janie Morales Title: Development Manager FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45720 Page 5 of 5 A COMMUNITY FACILITIES AGREEMENT BETWEEEN THE CITY OF FORT WORTH AND LGI HOMES-TEXAS,LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX