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HomeMy WebLinkAboutContract 53136-A1 Aug 3,2020 CSC No.53136-Ai 3:23 PM FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53136 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MERITAGE HOMES OF TEXAS, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53136("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 Meritage Homes of Texas,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 known as Cibolo Hills Phase 1 ("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 53136; and WHEREAS, Developer desires to replace the Completion Agreement with a development bond as the financial guarantee for the remaining 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. 53136: 1. Section 5 of the CFA is amended to add the following at the end of the paragraph: Developer previously provided the City with a Completion Agreement as the financial guarantee for the CFA. Developer has delivered to the City a development bond in the amount of $1,058,143.75, guaranteeing Developer's obligation to complete construction of the remaining 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 remaining 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. OFFICIAL RECORD City offort Worth,Texas CITY SECRETARY Amendment No.1 to City Secretary Contract No.53136 FT. WORTH, TX Page 1 of3 3. a. All other provisions of City Secretary Contract Number 53136 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 53136. 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 Barr,aueaA&6o Dana Burghdoff( 29,20 15:42 CDT) Dana Burghdoff Assistant City Manager Date: J u l 29) 2020 Recommended by: Q 2 9� Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form&Legality: Richard A.McCracken(Jul 29,202015:34 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. Date: Ju(29,2020 Form 1295: p�Oo �FORTo, ATTEST: �o c_ -+d a o o ���nEXASop Mary J. Kayser City Secretary OFFICIAL RECORD City offort Worth,Texas CITY SECRETARY Amendment No.1 to City Secretary Contract No.53136 FT. WORTH, TX Page of3 DEVELOPER Meritage Homes of Texas,LLC 2Z!R � David Aughinb gh(Jui 29,202015:16 CDT) Name: David Aughinbaugh Title: Vice President, Land Date: J u [ 29, 2020 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. zawl-M L2Wlf Laurie Lewis(Jul 29,202015:31 CDT) Name: Laurie Lewis Title: Interim Development Manager City ofFort Worth,Texas OFFICIAL RECORD Amendment No.1 to City Secretary Contract No.53136 Page of3 CITY SECRETARY FT. WORTH, TX