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HomeMy WebLinkAboutContract 51838-A1 CSC No. 51838-A1 AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 51838 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH NT WINDOW,INC. This AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 51838 ("First 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 NT WINDOW,INC.,a Texas corporation ("Company"). RECITALS The City and Company hereby agree that the following statements are true and correct and constitute the basis upon which the parties have entered into this First Amendment: A. The City and Company previously entered into that certain Economic Development Program Agreement,a public document on file in the City Secretary's Office as City Secretary Contract("CSC")No. 51838 ("Agreement"). B. The Agreement requires, among other things, Company to place at least $3,800,000.00 in New Taxable Tangible Personal Property on the Development Site by January 1, 2020. C. Delays in construction and availability of materials hindered the Company's purchase and installation of certain New Taxable Tangible Personal Property by the January 1, 2020 deadline. D. Company desires to revise the deadline associated with the Personal Property Commitment into three phases as set forth below. E. In exchange for the revised Personal Property Commitment deadline, Company has agreed to increase its Personal Property Commitment from$3,800,000.00 to $4,100,000.00. NOW, THEREFORE, in consideration of the mutual benefits and promises contained in the Agreement and this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Company agree as follows: AGREEMENT Page 1 Amendment No. 1 to CSC No.51838 Economic Development Program Agreement between OFFICIAL RECORD City of Fort Worth and NT Window,Inc. CITY SECRETARY FT.WORTH, TX I. Section 4.3 (Personal Property Improvements) is hereby amended in its entirety to read as follows: "4.3 Personal Property Improvements. 4.3.1 Company covenants and agrees that New Taxable Tangible Personal Property having a value of at least Four Million, One Hundred Thousand Dollars and Zero Cents ($4,100,000.00) must be in place on the Development Site as set forth below (collectively, "Personal Property Commitment"): 4.3.1.1 $2,400,000.00 by January 1, 2020 4.3.1.2 An additional $500,000.00 by January 1, 2021 (for a total of$2,900,000.00) 4.3.1.3 An additional $1,200,000.00 by January 1, 2022 (for a total of$4,100,000.00) 4.3.2 To meet the Personal Property Commitment,the full amount of the Personal Property Commitment must be in place on the Development by January 1, 2022. 4.3.3 The amount of any New Taxable Tangible Personal Property will be determined solely by the appraisal district having jurisdiction over the Development site at that time." 2. All capitalized terms used but not defined in this First Amendment have the meanings ascribed to them in the Agreement. 3. This First Amendment contains the entire agreement between the parties with respect to the matters set forth herein. 4. All provisions of the Agreement that are not specifically amended by this First Amendment shall remain in full force and effect. [SIGNATURES ON THE FOLLOWING PAGE] i Page 2 Amendment No. 1 to CSC No.51838 Economic Development Program Agreement between City of Fort Worth and NT Window,Inc. EXECUTED to be effective as of the later date below: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: Jesus J. Chapa Date:2 a'8m'��SOS'Chaps 6TO' By signing I acknowledge that I am the Dade:a721.01.191 Jesus J-0e'UP By: person responsible for the monitoring and Name: Jesus Chapa administration of this contract, including Title: Deputy City Manager ensuring all performance and reporting Date: Jan 19,2021 �20 Jan 19,2021 requirements. APPROVAL RECOMMENDED: By: 7e�c� D6"4w� �+} Digitally signed by RobertStums Name: Martha Obermiller Robert SturnS Date:2021.01.1913:51:03 By; -05.09 Title: Economic Development Specialist Name: Robert Sturns Title: Director,Economic Development APPROVED AS TO FORM AND LEGALITY: ATTEST: q,044U�n�� �Ot o00000% a Di dal signed Tyler Wallach XY so 00 Tyler Wallach Date:2021..01.181 02:54-WOO �-I a 9A,00 � -+, By: By; U �vo s=d Name: Tyler F. Wallach 0 Name: Mary J. Kayser 0� *� Title: Assistant City Attorney Title: City Secretary �Btt nExASaap CONTRACT AUTHORIZATION: M&C: C-25685 (Jan. 30, 2018); 20-0871 (December 1,2020) NT WINDOW, INC a Texas Corporation By: Ryon Ray President and CEO Date: 7—Z , 20 20 Page 3 Amendment No. 1 to CSC No.51838 Economic Development Program Agreement between OFFICIAL RECORD City of Fort Worth and NT Window,Inc. CITY SECRETARY FT.WORTH, TX i i i a l p Page 4 Amendment No. 1 to CSC No.51838 Economic Development Program Agreement between City of Fort Worth and NT Window,Inc.