HomeMy WebLinkAboutContract 40836-A1 (2)GIN SECRETARY�
CONTRACT NOb_LQt3.Lt1�sI
AMENDMENT NO. 1 TO
ENHANCED COMMUNITY FACILITIES AGREEMENT
This AMENDMENT NO. 1 TO ENHANCED COMMUNITY FACILITIES
AGREEMENT ("Amendment") is made and entered into by and between the CITY
OF FORT WORTH ("City"), a home rule municipality organized under the laws of the
State of Texas, and the FORT WORTH LOCAL DEVELOPMENT
CORPORATION ("Developer"), a Texas non-profit corporation.
RECITALS
A. Consistent with the economic development and community redevelopment
objectives of Developer, Developer has entered into an Enhanced Community Facilities
Agreement (the "ECFA") with the City to fund construction of various sidewalks, curbs,
and gutters on both sides of Missouri Avenue from Terrell Street to Rosedale Street, an
area located within the Evans and Rosedale Urban Village, as well as landscaping in the
parkway area of such right-of-way, as more specifically set forth in the ECFA
(collectively, the "Public Improvements"). The ECFA was executed on September 22,
2010 and is a public document on file in the City Secretary's Office as City Secretary
Contract No. 40836.
B. Due to an apparent formatting error, a portion of the initial paragraph of
the ECFA was inadvertently omitted in or deleted from the final execution copies. The
parties wish to amend the ECFA to restore the omitted or deleted portion of such
paragraph.
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City and Developer agree as follows:
AGREEMENT
1. The City and Developer hereby agree that the recitals set forth above are true and
correct and form the basis upon which the City and Developer have entered into this
Amendment.
2. The initial paragraph of the ECFA, beginning at the top of page 2 of the ECFA
and ending with the heading "General Requirements," is hereby amended to read as
follows: Fo-
FFICIAL NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: RECORD
i CITY. SECRETARY
Page 1 FT. WORTH, TX
Amendment No. 1 to Community Facilities Agreement
between City of Fort Worth and Fort Worth Local Development Corporation (Evans & Rosedale
For and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
SPECIAL EXCEPTION
Developer agrees to cause the construction of the improvements
contemplated by this Agreement and that said construction shall be
completed in a good and workmanlike manner and in accordance with all
City standards and the City approved construction plans, specifications
and cost estimates provided for the Project and the exhibits attached
hereto. Developer will fund all such improvements at Developer's sole
cost and expense. Upon acceptance of all such improvements by the City
pursuant to and in accordance with this Agreement, the City, through the
City's Housing and Economic Development Department, will reimburse
Developer one hundred percent (100%) of the costs of such
improvements, not to exceed $830,000, from Enhanced Community
Facilities Agreement bond funds authorized under the City's 2004 Capital
Improvements Program, as approved by the City of Fort Worth City
Council on September 29, 2009 by M&C C-23813.
1. Construction project must bid over $25,000 and go through
MWBE office. Plat of property is required before issuance of
Certificate of Occupancy.
2. Developer agrees to comply with all provisions of the City's
Parkway Permit Policy in the performance of its duties and
obligations hereunder and to cause all contractors hired by
Developer to comply with the Policy on connection with the work
performed by said contractors.
3. This Amendment contains the entire understanding and agreement between the
City and Developer as to the matters specifically contained herein. All terms and
conditions of the ECFA that are not directly amended by this Amendment shall remain in
full force and effect. Capitalized terms used, but not defined, in this Amendment shall
have the meanings assigned to them by the ECFA.
Page 2
Amendment No. 1 to Community Facilities Agreement
between City of Fort Worth and Fort Worth Local Development Corporation (Evans & Rosedale)
Fernando Costa
Recommended:
kr
\\)‘_.....eC.
Water Department
Tra & Public Works
Housing & Economic Developnhent
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C:
C-23813 9-29-10
ATTEST:
Marty Hendrix
EXECUTED to be effective as of September 22, 2010:
CITY OF FORT WORTH:
FORT WORTH LOCAL
DEVELOPMENT CORPORATION:
I
/
By: --3-;i.---es•o•••far$L—. By( It'
Franklin Moss
,esksomixratt,
atrc POOittztit
n0p(oo0
A► o a �►
o°
oak
0
Oi
st
Ver*bot,
00 0
o °
0
X Pj
4 w000ao°oo
itx
SXAS'4
OFFICIAL RECORD
CITY SECRETARY
Page 3 FT. WORTH TX
Amendment No. 1 to Community Facilities Agreement
between City of Fort Worth and Fort Worth Local Development Corporation (Evans & Rosedare� i --