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HomeMy WebLinkAboutContract 32205 CITY SECRETARY CONTRACT NO. FIRST AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND WALSH RANCHES LIMITED PARTNERSHIP, THE WALSH CHILDREN'S TRUSTS, THE WALSH GRANDCHILDREN'S TRUSTS, AND F. HOWARD WALSH,JR., FOR WALSH RANCH This First Amendment (the "Amendment") to the Economic Development Agr ment for Walsh Ranch (the "Agreement") is made as of the day of 2005, by the CITY OF FORT WORTH, TEXAS ("City") and WAIISH RANCHES LIMITED PARTNERSHIP, a Texas limited partnership ("WRLP"), THE WALSH CHILDREN'S TRUSTS (as defined on Schedule IA attached to the Agreement) (the "C-Trusts"), THE WALSH GRANDCHILDREN'S TRUSTS (as defined on Schedule 113 attached to the Agreement) (the "G-Trusts"), and F. HOWARD WALSH, JR. ("FHWJr.") (WRLP, the C-Trusts, the G-Trusts, and FHWJr.,being collectively referred to herein as "Owner"). WHEREAS, on May 6, 2005, the City and Owner entered into the Agreement (City Secretary Contract No. 28585), for the development of approximately 7,207 acres of land in the City's extraterritorial jurisdiction known as the Walsh Ranch; WHEREAS, the parties now desire to amend the Agreement to extend the deadlines for construction of certain of the Phase I Water Facilities and the Phase 1C Sewer Facilities; NOW, THEREFORE, the parties, for good and valuable consideration and the mutual covenants and agreements contained herein, do mutually covenant and agree that City Secretary Contract No. 28585 is amended by amending paragraphs 3(h) and 30) to read as follows: 1. Paragraph 3(h), "Phase 1 Water Facilities", "Schedule", is amended to extend the deadline for the City's construction of the 2.5 million gallon Westside IV Elevated Storage Tank and to provide for construction of a 63,000 gallon standpipe to serve the projected first-year population in the interim, to read as follows: 08-10-05P02 : 05 RCVD "'' � Hilo FACILITY SCHEDULE "Phase I Water Facilities" Design and easement acquisition (water line from Westland Ground to be complete on or before Storage Tank to Westside IV eighteen(18)months after the Elevated Tank Site; includes date hereof. Westside IV Elevated Storage and Pump Station) Construction of 63,000 gallon standpipe to serve projected first- year population to be complete on or before May 6, 2006. Construction of 2.5 million gallon Westside IV Elevated Storage Tank to be complete on or before November 20, 2006. Construction of all other Phase I Water Facilities to be complete prior to the earlier to occur of(i) May 6, 2006 or(ii) eighteen(18) months after completion of the design and easement acquisition phase described above. 2. Paragraph 30), "Phase IA, 113, 1C and 1D Sewer Facilities", "Schedule", is amended to extend the deadline for the City's construction of the Phase 1 C sewer line, to read as follows: FACILITY SCHEDULE 1. "Phase IA I13IC and ID Sewer Design and easement acquisition Facilities" (as shown and identified to be complete on or before eighteen on the City Sewer Plan; Phase IC (18)months after the date hereof. line shall be limited to 10,000 linear feet) Construction of the Phase 1 C Sewer line to be complete within nine(9) months after receipt of w r i . l7\: lJ 2 � notice from Owner, which notice will not be given before January 15, 2006. Construction of the Phase 1 A, 1 B and I D Sewer Facilities to be complete on or before the earlier to occur of(i) May 6, 2006 or(ii) eighteen(18)months after completion of the design and easement acquisition phase described above. 3. All terms and conditions of City Secretary Contract No. 28585 that are not expressly amended herein shall remain in full force and effect. Executed as of the day and year first above written. ATTEST: CITY OF FORT WORTH a Texas municipal corporation \ B Marty Hendr& Marc s istant City City Secretary Manager O.—acEl, U Contract Authorization APPROVED AS TO FORM AND ® L n _ LEGALITY /' &M" 01 Date Assistant City Attorney 111. Pik 3 GNU In r, gr�n OWNER: WALSH RANCHES LIMITED PARTNERSHIP, a Texas limited partnership By: Walsh North Star Company, a Texas corporation, General Partner By:' G. Malcolm Loud bff,`Pr4kde—nt F. HOWARD WAIAH,JR. G. MALCOLM'UOUDEN, in his capacity as agent and authorized representative of JPMORGAN CHASE BANK,in its capacity as trustee of THE AMY SUZANNE WALSH 1972 TRUST THE ELLEN KING WALSH 1972 TRUST THE ALLISON KAREN WALSH 1972 TRUST THE TARA WINSTON WALSH 1972 TRUST THE F. HOWARD WALSH, III 1972 TRUST G. MALCOLM LdfJrDEN, in his capacity as agent and authorized representative of BANC ONE N.A., in its capacity as trustee of THE HOLLAND FLEMING WALSH 1972 TRUST 4 THE RICHARD FLEMING WALSH 1972 TRUST THE MAUDI EUDORE WALSH ROE 1972 TRUST THE GEORGE HOWARD PORTER 1972 TRUST THE MICHAEL CLINTON PORTER 1972 TRUST THE PARKER OTWELL ROE 1972 TRUST G. MALCOLM Ld"EN, in his capacity as agent and authorized representative of FROST NATIONAL BANK, in its capacity as trustee of 'THE DIANN ELISABETH WALSH BONNELL 1972 TRUST THE WILLIAM LLOYD WALSH 1972 TRUST THE WILLIAM FREDERIC BONNELL,JR. 1972 TRUST THE LAURA ELISABETH BONNELL 1972 TRUST THE JONATHAN RICHARD BONNELL 1972 TRUST THE KAREN LINDSEY WALSH 1972 TRUST THE CATHERINE L. WALSH 1972 TRUST THE MARY ERIN WALSH 1972 TRUST DD 5 -RblrlpH!�,Q�V STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public in and for said county and state, on this day personally appeared Al, 2),c- - Assistant City Manager of the City of Fort Worth, known tome as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such person and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this qday of A PJ 177 12005, ee HETTIE LANE Notary Public in and for the State of MY CcIWISSION EXPIRES. My commission expires: JUIY 26,2007 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public in and for said county and state, on this day personally appeared G. Malcolm Louden, President of Walsh North Star Company, a Texas corporation, General Partner to Walsh Ranches Limited Partnership, a Texas limited partnership, known to me as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such person and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisz day of ' 2005. y NANCY DOSS Notary Public in for the State of Notary Pubilc My commissioniZxpires: STATE OF TEXAS OMF MY Comm.Up.04/02/2009 6 CAN STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public in and for said county and state, on this day personally appeared F. Howard Walsh, Jr., known to me as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such person and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN tER MY HAND AND SEAL OF OFFICE, this day of , 2005. N CY DOSS /0 a.a-,� Notary Public Notary Public in a6 for the State of STATE OF TEXAS My commission spires: OF My Comm.Up.04102/2009 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public in and for said county and state, on this day personally appeared G. Malcolm Louden, in his capacity as agent and authorized representative of JPMORGAN CHASE BANK, in its capacity as trustee of THE AMY SUZANNE WALSH 1972 TRUST, THE ELLEN KING WALSH 1972 TRUST, THE ALLISON KAREN WALSH 1972 TRUST, THE TARA WINSTON WALSH 1972 TRUST, and THE F. HOWARD WALSH, 1111972 TRUST, known to me as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such person and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN rUNDER MY HAND AND SEAL OF OFFICE, thise-- djttday of 2005. NANCY DOSS Notary Public iVdnd for the State of NotaryPublic T My commissioYexpires: STATE OF TEXAS OMF My Cwn.Exp.04/0/o2/f 20]09 7 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public in and for said county and state, on this day personally appeared G. Malcolm Louden, in his capacity as agent and authorized representative of BANC ONE N.A., in its capacity as trustee of THE HOLLAND FLEMING WALSH 1972 TRUST, THE RICHARD FLEMING WALSH 1972 TRUST, THE MAUDI EUDORE WALSH ROE 1972 TRUST, THE GEORGE HOWARD PORTER 1972 TRUST, THE MICHAEL CLINTON PORTER 1972 TRUST, and THE PARKER OTWELL ROE 1972 TRUST, known to me as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such person and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. G UNDER MY HAND AND SEAL OF OFFICE, this,,— —W)tZday of 22005. NANCY D05Z5 Notary Public STATE OF TEXAS Notary Public in d for the State of OF My Comm.Exp,04/02/2009 My commission xpires: STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public in and for said county and state, on this day personally appeared G. Malcolm Louden, in his capacity as agent and authorized representative of FROST NATIONAL BANK, in its capacity as trustee of THE D'ANN ELISABETH WALSH BONNELL 1972 TRUST, THE WILLIAM LLOYD WALSH 1972 TRUST, THE WILLIAM FREDERIC BONNELL, JR. 1972 TRUST, THE LAURA ELISABETH BONNELL 1972 TRUST, THE JONATHAN RICHARD BONNELL 1972 TRUST, THE KAREN LINDSEY WALSH 1972 TRUST, THE CATHERINE L. WALSH 1972 TRUST, and THE MARY ERIN WALSH 1972 TRUST, known to me as the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of such person and that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN i�DER MY HAND AND SEAL OF OFFICE, thiS6�0" . day of Ldr2005. NANCY DOSS Notary Public in//d for the State of Notary Public My commission66xpires: STATE OF TEXAS OF My Comm.Exp,04/02/2009 O)MCIAL ROD I'-, CRY NUMUff DR. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/26/2005 DATE: Tuesday, July 26, 2005 LOG NAME: 60WALSH REFERENCE NO.: **C-20876 SUBJECT: Authorize Execution of First Amendment to Economic Development Agreement between the City of Fort Worth and Walsh Ranches Limited Partnership, the Walsh Children's Trust, the Walsh Grandchildren's Trusts and F. Howard Walsh, Jr. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an amendment to the Economic Development Agreement between the City of Fort Worth and Walsh Ranches Limited Partnership, the Walsh Children's Trust, the Walsh, Grandchildren's Trusts and F. Howard Walsh, Jr. for the Walsh Ranch to extend deadlines for construction ruction of certain water and wastewater facilities. DISCUSSION: On April 29, 2003, (M & C C-19566) the City Council approved the Economic Development Agreement (the "Agreement") for the Walsh Ranch (City Secretary Contract No. 28585). The Agreement governs development of the Walsh Ranch, including construction of water and wastewater facilities. The parties wish to extend the deadlines for design and construction of certain water and wastewater facilities. The extended deadlines will allow the City to phase in construction of the infrastructure to more closely track the development schedule for the property. Approval of this Mayor and Council Communication will authorize amendment of the Agreement to extend the May 6, 2006 deadline for constructing a water tank and a portion of a sewer line, as follows: Section 3(h) (Phase I Water Facilities): Construction of a 63,000 gallon standpipe to serve the projected first-year population to be complete by May 6, 2006. Construction of the 2.5 million gallon Westside IV Elevated Storage Tank to be complete on, or before, November 20, 2006. Section 3(j) (Phase IA, 113, IC and ID Sewer Facilities): Construction of the Phase 1C sewer line to be complete within nine months after receipt of written notice from a Walsh Ranch representative, which notice will not be given before January 15, 2006. All other deadlines relating to Phase I Water Facilities and Phase IA, IB and ID Sewer Facilities as set out in the Agreement will be unchanged. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action does not require the expenditure of City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office W. Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting)(8207)