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HomeMy WebLinkAboutContract 51678-A1 10/28/19 9:09 AM CITY SECRETARY CONTRACT NO.51678-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51678 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CKK RESIDENTIAL GROUP,INC. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51678 ("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, CKK Residential Group, Inc. ("Developer"), a Texas corporation, and Simmons Bank("Lender"). WHEREAS, City and Developer entered into a Community Facilities Agreement by which Developer is constructing certain public infrastructure Improvements for a Project generally described as Lakes of River Trails Phase 16 ("CFA"); and WHEREAS, the City, Developer and Lender executed a completion agreements as the financial guarantee for the CFA("Completion Agreement"); and WHEREAS, the CFA and the Completion Agreement are on file with the City Secretary as City Secretary Contract Number 51678; and WHEREAS,Developer has constructed a portion of the Community Facilities required by the CFA; and WHEREAS, Developer has requested to replace the Completion Agreement with a cash escrow as the financial guarantee for the remaining Community Facilities that Developer will construct pursuant to the CFA; NOW THEREFORE, City, Developer, and Lender acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract No. 51678: 1. City Secretary Contract No. 51678 is hereby amended to add Section S. to the CFA to be and read as follows: S. Developer and City agree that Developer may replace the Completion Agreement with a Cash Escrow in the amount of $16,562.50 as the financial guarantee for the remaining Community Facilities to be constructed pursuant to the CFA, which amount equals one hundred twenty-five percent of the remaining Community Facilities to be constructed by Developer. Contemporaneous with delivery of this First Amendment being executed by Developer and delivered to City, Developer shall deliver the Cash Escrow to the City. City of Fort Worth,Texas Amendment Number 1 to City Secretary Contract No.51678 Pagel of 3 2. Upon execution of this First Amendment, City agrees to release the hold on the final plat related to the CFA described in Section 6 of the Completion Agre ment. City and Developer agree that there may be other holds on the final plat not related to the CFA that must be cleared by Developer before the final plat can be filed. 3. Upon execution of this First Amendment the Completion Agreement is terminated. 4. a. All other provisions of the City Secretary Contract Number 51678,which are not expressly amended herein, shall remain in full force and effect. b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in City Secretary Contract Number 51678. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas Amendment Number 1 to City Secretary Contract No.51678 Page 2 of 3 IN TESTIMONY WHEREOF,the City,Developer, and Lender have executed this First Amendment to be effective on the date signed by the City's Interim Assistant City Manager. CITY OF FORT WORTH DEVELOPER CKK Residential Group, Inc. z, K'ey4ak NeweCG Kenneth -. _.. Dana Burghdoff Interim Assistant City Manager Kenneth Newell President Date: Oct 25,2019 Date: Oct 23,2019 Recommended by: 41N, ATTEST: (Only if required by Developer) Evelyn Robe (Oct 23,2019I Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Name: Approved as to Form &Legality: LENDER Simmons Bank Richard A.McCracken(Oct 23,2019) ,7ohn Van Son Richard A. McCracken John Van Son(Oct 23,2019) Sr. Assistant City Attorney Name: John M. Vanson M&C No. NSA Title: Sr. Vice President-Commercial Date: Lending Form 1295: NIA 0R7-� Date: Oct 23, 2019 ATTEST: ; V 3 " Contract Compliance Manager: Mary J.K r(oc ,2019) '•. By signing, I acknowledge that I am the Mary J. Kayser person responsible for the monitoring and City Secretary '�.. CP+S administration of this contract, including all performance and reporting requirements. e Scarlett Morales(0ct 23,2019) Name: Janie Scarlett Morales Title: Development Manager OFFICIAL RECORD City of Fort Worth,Texas Amendment Number 1 to City Secretary Contract No.51678 CITY SECRETARY Page 3 of 3 FT WORTH,TX