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HomeMy WebLinkAboutContract 53954-A1 01/26/2021 CSC No.53954-A1 12:11 pm FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53954 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY 114 DEVELOPMENT LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53954 ("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 HT Hwy 114 Development LP ("Developer"), a Texas limited partnership. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project known as Tradition Central Phase IA ("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 53954; and WHEREAS, Developer desires to replace the Completion Agreement with development bonds 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. 53954 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 $205,209.00 guaranteeing Developer's obligation to complete construction of the streetlight Improvements and pay all contractors and material suppliers. Developer has also delivered to the City a development bond in the amount of$1,541,482.25, guaranteeing Developer's obligation to complete construction of all other remaining Improvements and pay all contractors and material suppliers. City and Developer agree that the Developer may replace the Completion Agreement with the development bonds 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 of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 53954 FT.WORTH,TX Page 1 of 3 3. Developer understands and agrees that execution of this First Amendment does not guarantee that Developer will be eligible for a reduction in the financial guarantee for street lights as set for in Section 9-311 of the City Code. 4. a. All other provisions of City Secretary Contract Number 53954 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 53954. [SIGNATURES ON FOLLOWING PAGES] City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 53954 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 HT Hwy 114 Development LP D h-RML,,o 420>2�1F1 0:41 CST) 16A�&G/,1 G �/ Dana Burghdoff Robertw.Witte(Jan 22,202108:00 MST) Assistant City Manager Name: Robert W. Witte Title: Senior Managing Director Date: Jan 24,2021 Date: Jan 22, 2021 Recommended by: L;IG if goket& Evelyn R efts(Jan 22,202109:09 CST) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Richard A.McCracken(Jan 23,202121:44 C5-0 Richard A. McCracken Sr. Assistant City Attorney M&C No. NSA Contract Compliance Manager: Date: By signing, I acknowledge that I am the Form 1295: person responsible for the monitoring and administration of this contract, including all ATTEST: performance and reporting requirements. .00vnnA� ppF FORT�aa o°°°°°°°°° DY�O`lAiyC70�'T.Gt4I �_�° o��� Janie ScalettMo2les(Jan 22,202115:28C5n 'for Ronald P.Gonales(Jan 25,202109:29 CST) y�o o= 0 o d- Name: Janie S. Morales Mary J. Kayser ��� °°° °°o a °°°°°°° a Title: Interim Development Manager City Secretary aai.2Xpsq�a OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 53954 FT.WORTH,TX Page 3 of 3