HomeMy WebLinkAboutContract 51988-CA1 CITY SECREMM
CONTRACT NO. 512$8-CA 1
CONSENT TO ASSIGNMENT OF
COMMUNITY FACILITIES AGREEMENT
(CITY SECRETARY CONTRACT NO. 51CM 1
This CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES
AGREEMENT (City Secretary Contract No. 195 %g )("Consent")is made and entered into
by and between the CITY OF FORT WORTH, a home-rule municipal corporation of the State
of Texas,("City");FORESTAR(USA)REAL ESTATE GROUP INC.,a Delaware corporation
authorized to conduct business in the State of Texas ("Assignor"); and DRU—HWY 114, LLC,
a Delaware limited liability company authorized to conduct business in the State of Texas
("Assignee").
The following introductory provisions are true and correct and form the basis of this
Consent:
WHEREAS, effective 03/04/2019, the City and Assignor entered into a Community
Facilities Agreement City Secretary Contract No. 51988 (Agreement"), for the construction of
public infrastructure for a project generally described as Brookfield Off-Site Sanitary Sewer, City
Project Number 101478; and
WHEREAS, on November 6, 2018, by M&C C-28922, the City Council of the City of
Fort Worth authorize City Participation in the Agreement in an amount not to exceed$655,037.44
for oversizing 14,935 linear feet of sewer main; and
WHEREAS, Assignor wishes to assign all of its right, title and interest in the Agreement
to Assignee. The City is willing to consent to an assignment of the Agreement to Assignee solely
in accordance with this Consent.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged,the City,Assignor and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Assignor by the Agreement effective on the date on which the City has executed
this Consent("Effective Date").
2. The City consents to such assignment expressly upon the promise and covenant by
Assignee, and Assignee promises and covenants to the City, that Assignee will comply with and
assume all duties and obligations of Developer set forth in the Agreement arising on and after the
Effective Date. Assignor will comply with and be liable for performance of all duties and
obligations of Developer arising prior to the Effective Date.
3. Notwithstanding anything to the contrary herein, Assignee understands and agrees that no
act or omission of Assignor,whether before or after the Effective Date,will serve to mitigate any
event of default set forth in the Agreement, or limit or modify City's ability to terminate the
Agreement.
Consent to Assignment of Community Facilities Agreement OF4,o `-ORO
City Secretary Contract No. (;0� SECRETARY
by Forestar(USA)Real Estate Group Inc.to DRH—HWY 114,LLC.
M WORTH,TX
4. By executing this Consent, the City does not ratify or endorse any agreement or
representation between Assignor and Assignee; grant Assignee any rights greater than those
granted to Developer under the Agreement; or consent to any amendment to the Agreement.
5. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
6. The Agreement is in full force and effect and has not been modified, supplemented, or
amended in any way unless specifically set forth herein.
7. On and after the Effective Date, all notice which is required or desired to be sent to
Developer under the Agreement shall be delivered to the following:
DRH—HWY 114, LLC
6751 North Freeway
Fort Worth, TX, 76131
[SIGNATURE PAGES FOLLOW]
Consent to Assignment of Community Facilities Agreement Page 2 of 4
City Secretary Contract No.
by Forestar(USA)Real Estate Group Inc.to DRH—HWY 114,LLC.
IN WITNESS WHEREOF,the undersigned have caused this Consent to be executed in
multiples as of the last date indicated below:
The City:
CITY OF FORT WORTH ATTEST.•
f FOR
-7
r
Jesus J.Chapa(Mar8,2019) Mary J.k5yser(Mar 8,20f9)
Jesus J. Chapa Mary J. Kayser _
Assistant City Manager City Secretary ,
Date: Mar 8,2019p15 f
Recommended by:
c I I
Evelyn Robe (Mar 7,2019)
Evelyn Roberts
Contract Compliance Specialist
Planning and Development
Approved as to Form &Legality:
Rloha—rd A. MGCraGKen
RichardA-McCracken(Mar 8,2019)
Richard A. McCracken
Assistant City Attorney
M&C No. N/A
Date:
Form 1295: N*
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
25 =
Jennifer Ezernack on behalf of Janie Morales(Mar 8,2019)
Janie Morales
Development Manager
OFFICIAL RECORD'
Consent to Assignment of Community Facilities Agreement CITY SRa.`fit,p��C�
City Secretary Contract No. i
by Forestar(USA)Real Estate Group Inc,to DRH—HWY 114,LLC. FT. WORTH,TX
Assignor:
Forestar (USA)Real Estate Group Inc.
Daniel Bartok{M a r7,2019)
Name: Dan Bartok
Title: CEO
Date: Mar 7,2019
ATTEST: (Only if required by Assignor)
Signature
Name:
Assignee:
DRH-HWY 114, LLC,
a Delaware limited liability company
By: D.R. Horton—Texas, Ltd.,
a Texas limited partnership, its sole member
By: Meadows I,Ltd.,
a Delaware corporation, its general partner
d -"
Benjamin M Clark(Mar 7,2019)
Name: Benjamin M. Clark
Title: Assistant Vice President
Date: Mar 7,2019
ATTEST: (Only if required by Assignee)
Signature
OFFICIAL RECORD
Consent to Assignment of Community Facilities Agreement CITY 8fTtgy
City Secretary Contract No. FT WORTH,TX
by Forestar(USA)Real Estate Group Inc.to DRH—HWY 114,LLC.