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CSC No.52207-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52207
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND CND-NURSERY LANE, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
52207("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 CND-Nursery Lane,
LLC ("Developer), a Texas limited liability company.
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project know as Edgewater
Development("CFA"); and
WHEREAS, Developer provided a Completion Agreement as the financial guarantee
for the Project("Completion Agreement"); and
WHEREAS,the CFA and the Completion Agreement are filed with the City Secretary
as City Secretary Contract Number 52207; and
WHEREAS, Developer desires to replace the Completion Agreement with a
development bond as the financial guarantee for the Project;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives,, enter into the following agreement, which amends the City
Secretary Contract No. 52207:
1.
The Financial Guarantee Option Section of the Cost Summary Table of the CFA is
amended to be and read as follows:
Financial Guarantee Options,choose one Amount Choice
(Mark one
Bond=100% $789,056.82 X
Completion Agreement=100%/Holds Plat $789,056.82
Cash Escrow Water/Sanitary Sewer=125% $708,583.75
Cash Escrow Paving/Storm Drain=125% $277,737.28
Letter of Credit=125%w/2 r expiration period $986,321.03
2.
The Completion Agreement is terminated and the City will release the hold on the final
plat related to the construction of the Community Facilities.
3.
a. All other provisions of City Secretary Contract Number 52207 which are not expressly
amended herein, shall remain in full force and effect.
City of Fort Worth,Texas OFhCiAL RECUkD
Amendment No. 1 to City Secretary Contract No. 52207 CITY SECRETARY
Page 1 of 2 FT. WORTH,TX
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 52207.
IN TESTIMONY WHEREOF, the City and Developer 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
CND-Nursery Lane, LLC
ama
Dana Burghdoff(N 20,20�
J oore
Dana Burghdoff TJ Moore(Nov 20,2019)
Interim Assistant City Manager Name: T J Moore
Title: Authorized Agent
Date: Nov 20,2019
Date: Nov 20, 2019
Recommended by:
Evelyn Robe (Nov 2U.
Evelyn Roberts/Jennifer Ezemack
Project Assistant
Planning and Development
Approved as to Form &Legality:
n . i .� - A
Richard A.McCracken(Nov 20,2019)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A Contract Compliance Manager:
Date: By sighing, I acknowledge that I am the
Form 1295: NIA person responsible for the monitoring and
¢QR71 administration of this contract, including all
ATTEST: <1 performance and reporting requirements.
•�Y Jennifer Ezernackon behalf of Janie Morales(Nov 20,2019)
M—rX�sver V?
MaryJ.Kayser(Dec 2,20191
Mary J. Kayser et Name: Janie Scarlett Morales
City Secretary ] X(�,5
Title: Development Manager
OFFICIAL RECORD
City of Fort Worth,Texas
Amendment No. I to City Secretary Contract No. 52207 CITY SECRETARY
Page 2 of 2 FT. WORTH,TX