Loading...
HomeMy WebLinkAboutContract 53119-A1 10/22/20 CSC No.53119-A1 8:55 AM FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53119 A COMMUNITY FACILITIES AGREEMENT, COMPLETION AGREEMENT, AND ESCROW AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53119("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, Alta Vista Partners, LTD ("Developer), a Texas limited partnership, Frost Bank ("Lender"), a Texas State financial institution, and Rattikin & Rattikin, LLP ("Escrow Agent"), Texas limited liability partnership. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project know as Heather Meadows ("CFA"); and WHEREAS, City, Developer, and Lender executed a Completion Agreement as the financial guarantee for the on-site portion of the CFA ("Completion Agreement"); and WHEREAS, City, Developer, and Escrow Agent executed an Escrow Agreement as the financial guarantee for the off-site portion of the CFA; and WHEREAS,the CFA,the Completion Agreement,and the Escrow Agreement are filed with the City Secretary as City Secretary Contract Number 53119; and WHEREAS, Developer desires to replace the Completion Agreement with the existing Escrow Agreement as the financial guarantee for remaining on-site Improvements to be constructed pursuant to the CFA; and WHEREAS, in lieu of Developer providing a new escrow agreement guaranteeing the remaining on-site Improvements, City and Developer desire to use the existing Escrow Agreement to guarantee the completion of the remaining on-site Improvements; and WHEREAS, Developer desires to reduce the amount of the Escrow Agreement to one- third of the original amount of the Security Funds plus the remaining on-site Improvements. NOW THEREFORE, City, Developer, Lender, and Escrow Agent, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract No. 53119: 1. The CFA is amended to add Section S. to be and read as follows: OFFICIAL RECORD City offort Worth,Texas Amendment No.1 to City Secretary Contract No.53119 CITY SECRETARY Page 1 of4 FT.WORTH,TX S. City and Developer agree that the Developer may replace the Completion Agreement with the existing escrow agreement as the financial guarantee for the remaining on-site Improvements to be constructed pursuant to the CFA. 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. 3. The City, Developer, and Escrow Agent agree that the Security Funds in the Escrow Agreement may be reduced to $183,652.61, such amount guaranteeing that Developer will construct all remaining on-site and off-site Improvements in the CFA and pay all contractors, subcontractors and material suppliers for the construction of the remaining Improvements. The Escrow Agent is expressly authorized by the City to refund all Security Funds in excess of $183,652.61 to Developer upon execution of this Agreement. 4. a. All other provisions of City Secretary Contract Number 53119 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 53119. [REMAINDER OF PAGE INTENTIONALLY BLANK] City offort Worth,Texas Amendment No.1 to City Secretary Contract No.53119 Page 2 of4 IN TESTIMONY WHEREOF, the City, Developer, Lender, and Escrow Agent have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH Contract Compliance Manager: By signing, I acknowledge that I am the 0444,gu"y&(6 person responsible for the monitoring and Dana Burghdoff( 19,20 �15:08CDT) administration of his contract, including all Dana Burghdoff performance and reporting requirements. Assistant City Manager Laurie Lewis(Oct 19.202014:10 CDT) Date: 10/19/2020 Name: Laurie Lewis Title: Interim Development Manager Recommended by: Evelyn Ro (Oct 19,202014:06 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form&Legality: Richer AMcCracken(Oct 19,202014:30CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. Date: Form 1295: p�ooRr a o.. a� ATTEST: p U o o Z d p o°° °°*� .1, P�a�nEXASoap r Ronald P.Gonzales(Oct 19,202015: DT) Mary J. Kayser City Secretary OFFICIAL RECORD City offort Worth,Texas Amendment No.1 to City Secretary Contract No.53119 CITY SECRETARY Page 3 of4 FT.WORTH,TX DEVELOPER Alta Vista Partners,LTD By: DW Commercial, LLC It's General Partner 75avid R. Waslu�utfa� ��. David R.Washington Jr.(Oct 14, 2011:11 CDT) Name: David Washington, Jr. Title: President Date: 10/14/2020 LENDER: Frost Bank Derek Buchanan Derek Buchanan(Oct 19,202011:27 CDT) Name: Derek Buchanan Title: Senior Vice President Date: 10/19/2020 ESCROW AGENT: Rattikin & Rattikin, LLP Name: Jeffrey A. Rattikin Title: Partner Date: 10/19/2020 City offort Worth,Texas Amendment No.1 to City Secretary Contract No.53119 OFFICIAL RECORD Page of4 CITY SECRETARY FT.WORTH, TX