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HomeMy WebLinkAboutContract 52097-A1 09/09/2019 1:54 PM CITY SECRETARY CONTRACT NO. 52097-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52097 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PATE RANCH COMMERCIAL,L.P. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52097 ("First Amendment"), is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the state of Texas, and Pate Ranch Commercial, L.P. ("Developer"), a Texas limited partnership. WHEREAS, City and Developer entered into a Community Facilities Agreement by which Developer is constructing certain public infrastructure Improvements for a Project described as Tavolo Park Phase III; and WHEREAS, Developer provided a Completion Agreement to the City as the financial guarantee for the CFA; and WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary as City Contract Number 52097; and WHEREAS,Developer desires to replace the Completion Agreement with a Developer's Bond as authorized by the CFA Ordinance; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement,which amends the CFA: 1. The CFA is amended to add Section S. to be and read as follows: S. Developer has delivered to the City a Development Bond in the amount of $361,379.36, guaranteeing Developer's obligation to complete construction of the remaining Improvements and pay all contractors and material suppliers. City and Developer agree that the Developer may replace the Completion Agreement with the Development Bond as the financial guarantee for the remaining Improvements. City agrees to release the hold on the final plat related to the construction of the Community Facilities. 2. a. All other provisions of the CFA, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth,Texas OFFICIAL RECORu,� Amendment No. 1 to City Secretary Contract No.52097 C17 SECR E' RY TX Pagel of 2 FT ®RTIi�, b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in the CFA. IN TESTIMONY WHEREOF, the City and Deve per have executed this First Amendment to be effective on the date signed by the City's Irate Assistant City Manager. CITY OF FORT WORTH DEVELOPER _ / Pate Ranch Commercial, L.P. Dana Burghdoff(Sep 9,201gl A Texas Limited Partnership Dana Burghdoff By: PRA Pate Ranch GP, L.L.C. Interim Assistant City Manager A Texas Limited Liability Company It's Administrator Date: Sep 9,2019 „14-fLIAAf ff,Q;14ES JULIAN HAWES(Sep 5,2019) Recommended by: Name: Julian Hawes, Jr. Title: Authorized Signatory Evelyn Rohe (Sep 5,2919) Evelyn Roberts/Jennifer Ezernack Date: Sep f,2019 Project Assistant Planning and Development Approved as to Form &Legality: Richard A NGCraaken --,ard A.McCracken(Sep 5,20191 Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Contract Compliance Manager: By signing, I acknowledge that I am the Form 1295: person responsible for the monitoring and ATTEST: J:ORT administration of this contract, including all performan and reporting requirements. X. n�- itj Jennifer Ezernack on behalf of Janie Morales(Sep 5,2019) Mary J.Kayser *'• City Secretary Name: Janie Scarlett Morales • CAS• Title: Development Manager City of Fort Worth,Texas a Amendment No. 1 to City Secretary Contract No.52097 CITY ��� �� �� Page 2 of 2 FT `FORTH,TX