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HomeMy WebLinkAboutContract 53496-A1 03/06/2020 CSC No.53496-A1 8:49 AM FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53496 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CROWLEY 96, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53496 ("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 Crowley 96, LLC ("Developer), a Texas limited liability conipany. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project known as Southfork Estates Phases 2 & 3 ("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 53496; and WHEREAS, Developer, prior to proceeding to construction of the Improvements, desires to replace the Completion Agreement with a development bond as the financial guarantee for the Improvements to be constructed pursuant to the CFA; 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. 53496: 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 $781,995.20,which amount equals one hundred percent(100%)of the construction cost for the Improvements, guaranteeing Developer's obligation to complete construction of the 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 Improvements. 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. City of Fort Worth, Texas rFFIT. SEC _ . Amendment No. 1 to City Secretary Contract No. 53496 WORT CX Pagel of 3 3. a. All other provisions of City Secretary Contract Number 53496 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 53496. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 53496 Page 2 of 3 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Crowley 96, LLC DanzDanz Burghdor• DavidShi2r—nan Dana Burghdoff David Shipman(Mar 3,2020) Assistant City Manw cr Name: David Shipman. Jr. Title: Managing Member Date: Mar4,2020 Date: Mar 3, 2020 Recommended by: E,dyn R.bc 4.20201 'Y Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: .&h,zy,,d.4 146yzke,y Richard A.McCracken(Mar 4,2020) Richard A. McCracken Sr. Assistant City Attorney M&C No. "/a Contract Compliance Manager: Date: -,,.�.- , By signing, I acknowledge that I am the f� person responsible for the monitoring and Form 1295: N/A , 0 i� ; ;f . — l` i. administration of this contract, including all performance and reporting requirements. ATTEST: y1C� 3 y•• Laurie Lewis,on bO.l(of(Mar a.2020)r' Mary J.K r(M ,2020) '.�17� •••�'.,' ,.•' r`2• Mary J. Kayser i :: "�, '{ Name: Janie Scarlett Morales City Secretary Title: Development Manager UFFEUAL RECOROJI City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 53496 FL WORTH,TX f� Page 3 of 3