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HomeMy WebLinkAboutContract 51988-A1 12/16/2019 3:28 PM CSC No.51988-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DRH—HWY 114, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 ("First Amendment") is made and entered into by and between the City of Fort Worth, a home- rule municipal corporation of the State of Texas ("City), and DRH—HWY 114,LLC a Delaware limited liability company authorized to conduct business in the state of Texas (Developer). WHEREAS,the City and Forestar(USA)Real Estate Group Inc. ("Forestar") entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a project generally described as Brookfield Off-Site Sanitary Sewer, City Project Number 101478 ("CFA"); and WHEREAS, the City, Forestar and Developer executed a Consent to Assignment, City Secretary Contract Number 51988-CA1, whereby Forestar assigned the CFA to Developer; and WHEREAS,the City and Developer have determined that the amount of Developer's Cost and City Participation in the original CFA was incorrect; WHEREAS, City and Developer desire to amend the CFA to correct the Cost Summary Table; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract No. 51988: 1. The fifth recital of the CFA is amended to read as follows: WHEREAS, The City's cost participation shall be in an amount not to exceed $662,998.00 ("Participation"); and 2. The Cost Summary Table is amended to be and read as set forth in Exhibit A of this First Amendment 3. a. All other provisions of the CFA,which are not expressly amended herein, shall remain in full force and effect. EFT CIAL RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 AWETARY A COMMUNITY FACILITIES AGREEMENT BETWEEN WORTH,TX THE CITY OF FORT WORTH AND DRH-HWY 114,LLC 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 Developer have executed this First Amendment by their duly authorized representatives to be effective on the date signed by the City's Interim Assistant City Manager. CITY OF FORT WORTH DEVELOPER DRH—HWY 114,LLC, v�u� 1 L11—el a Delaware limited liability company Dana Burghdoff(° c 10,201 ,, By: D.R. Horton—Texas,Ltd., Dana Burghdoff a Texas limited partnership, its sole member Interim Assistant City Manager By: Meadows I,Ltd., Dec 10,2019 a Delaware corporation, its general partner Date: Benjamin Recommended by: M C[a,k,De,9.201T Name: Benjamin M. Clark euciyn icober�s Title: Assistant Vice President Evelyn Roberts(Dec 9,2019) Evelyn Roberts Date: Dec 9, 2019 Contract Compliance Specialist Planning and Development ATTEST: (Only if required by Developer) Approved as to Form &'Legality: lcua .c r. Richard A.McCracken(Dec 10,2019) Name: Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Form 1295: Contract Compliance Manager: By signing, I acknowledge that I am the person res onsible for the monitoring and ATTEST: ` administra 'on of this contract, including all performan a and reporting requirements. !Dec 16,2019) Je fifer zernackonhehalfofJanieMorales(Dec9,2019) Mary J. Kayser ' City Secretary Janie Scarlett Morales Development Manager PFTWORTH, L RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 3TAR� A COMMUNITY FACILITIES AGREEMENT BETWEEN `_:T TX THE CITY OF FORT WORTH AND DRH—HWY 114,LLC EXHIBIT A Items Developer's Cost City's Cost Total Cost A. Water and Sewer Construction 1. Water Construction $ - $ - $ - 2.Sewer Construction $ 3,957,190.00 $ 662,998.00 $ 4,620,188.00 Water and Sewer Construction Total $ 3,957,190.00 $ 662,998.00 $ 4,620,188.00 B. TPW Construction 1.Street $ $ - $ - 2.Storm Drain $ $ $ - 3.Street Lights Installed by Developer $ $ - $ - 4. Signals $ $ - $ - TPW Construction Cost Total $ - $ - $ - Total Construction Cost(excluding the fees): $ 3,957,190.00 $ 662,998.00 $ 4,620,188.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 79,143.80 $ 13,259.96 $ 92,403.76 D. Water/Sewer Material Testing Fee(2%) $ 79,143.80 $ 13,259.96 $ 92,403.76 Sub-Total for Water Construction Fees $ 158,287.60 $ 26,519.92 $ 184,807.52 E. TPW Inspection Fee(4%) $ - $ - $ - F. TPW Material Testing(2%) $ - $ - $ - G. Street Light Inspsection Cost $ - $ - $ - H. Signals Inspection Cost $ - $ - $ - J.Civil/Geotechnical Engineering&Survey(20%) $ - $ - TPW Construction Fees Subtotal $ - $ - $ - Total Construction Fees $ 158,287.60 $ 26,519.92 $ 184,807.52 TOTAL PROJECT COST $ 4,115,477.60 $ 689,517.92 $ 4,804,995.52 Financial Guarantee Options,choose one Amount Choice (Marl.one) Bond=100% $ 4,650,000.00 x Completion Agreement=100%/Holds Plat Cash Escrow Water/Sanitary Sewer=125% Cash Escrow Paving/Storm Drain=125% Letter of Credit=125%w/2yr expiration period FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 Page 3 of 3 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DRH—HWY 114,LLC