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HomeMy WebLinkAboutContract 46381-T1 Jan 15,2020 CSC No.46381-T1 7:58 AM TERMINATION OF CITY SECRETARY CONTRACT NO. 46381 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND M& C DEVELOPMENT,LTD. This TERMINATION OF CITY SECRETARY CONTRACT NUMBER 46381 ("Termination"), is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Interim Assistant City Manager, M & C Development, Ltd. ("Developer"), a Texas limited partnership, acting by and through its duly authorized representative, and Webber, LLC ("Contractor"), a Texas limited liability company, acting by and through its duly authorized representative. WHEREAS, City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure in the form of sidewalk improvements, City Secretary Contract Number 46381 ("CFA"); and WHEREAS,Developer retained Contractor to construct the improvements required by the CFA; and WHEREAS, after execution of the CFA, Developer elected to construct the sidewalk improvements in connection with a separate Community Facilities Agreement, City Secretary Contract Number 46892; and WHEREAS, City, Developer and Contractor desire to execute this Termination to terminate the CFA, release the Developer's financial guarantee, and provide City with a lien release from Contractor; NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, City, Developer and Contractor agree as follows: 1. The Recitals are true and correct and are incorporated herein by reference. 2. City Secretary Contract Number 46381 is hereby terminated in its entirety. 3. Upon execution of this Termination, City will process a refund of Developer's financial guarantee for the CFA. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX TERMINATION OF CITY SECRETARY CONTRACT NO.46381 Page 1 of 2 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND M&C DEVELOPMENT,LTD. 4. By executing this Termination,Contractor certifies that Contractor has been paid in full by Developer for construction of the sidewalk improvements pursuant to City Secretary Contract Number 46892 and Contractor has paid all subcontractors and material suppliers for the construction of the sidewalk improvements. Contractor waives all claims against the City for construction of the sidewalk improvements contained in City Secretary Contract Numbers 46381 and 46892. IN WITNESS WHEREOF, the undersigned have executed this Termination to be effective on the date signed by the City's Interim Assistant City Manager. CITY OF FORT WORTH DEVELOPER y1 `j EY hd M&C Development,Ltd. Dana BurKhdo�20z A Texas Limited Partnership Dana Burghdoff By Its General Partner: Interim Assistant City Manager Harrison Realty Investments,LLC Date:Jan 14, 2020 By: John Cockerham(Jan 13,2020) Recommended by: John Cockerham President Jen er rnack on behalf of Janie Morales(Jan 13,2020) Jan 13 2020 Janie Scarlett Morales Date: Planning Manager CONTRACTOR APPROVED AS TO FORM AND LEGALITY: Webber,LLC 77 / _ Josh Go ri Richard A.McCracken(Jan 13,2020) Josh Goyne(Jan 13, 020) Richard A.McCracken Josh Goyne Sr.Assistant City Attorney President M&C:N/A OR Date: Jan 13, 2020 Form 1295:N/A moo,..• •••.,•� '• '••C) Contract Compliance Manager: ATTEST: V •�o By signing I acknowledge that I am the person 9�[ responsible for the monitoring and administration Maly T. �� sy or #z� of this contract, including ensuring all Mary J.Kayser(Jan 14,2020) performance and reporting requirements. Mary J.Kayser City Secretary �-- ,•.Y..,.. ,. Evelyn Robe (Jan 13,2020) Evelyn Robert Contract Compliance Specialist FOFFICIAL RECORD TERMINATION OF CITY SECRETARY CONTRACT NO.46381 zap A COMMUNITY FACILITIES AGREEMENT ftETARY BETWEEN THE CITY OF FORT WORTH AND M&C DEVELOPMENT,L7 FT. WORTH,TX