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HomeMy WebLinkAboutContract 51763-A103/26/2021 3:05 pm CSC No. 51763-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51763 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND 6600 CALMONT, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51763, ("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 6600 Calmont, LLC ("Developer"), a Texas limited liability company. WHEREAS, City and Developer entered into a Community Facilities Agreement, City Secretary Contract No. 51763 ("CFA"), by which the Developer is constructing certain public infrastructure Improvements; and WHEREAS, the CFA requires Developer to complete construction of the public infrastructure Improvements within two years ("Completion Deadline"); WHEREAS, the CFA authorizes an eXtension of the Completion Deadline for one additional year if construction of the Improvement has started; and WHEREAS, City and Developer have agreed to a one year extension of the Completion Deadline; and WHEREAS, Developer has provided the City with a new financial guarantee or an extension of the financial guarantee for the CFA; and WHEREAS, City and Developer agree to amend the CFA to reflect a change order that was executed for the Improvements and a revision to the material testing and inspection fees for 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. 51763: OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas FT. WORTH, TX First Amendment to City Secretary Contract No. 51763 Page 1 of 4 1. Section P of the CFA is amended to be and read as follows: i. Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements by January 16, 2022. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if the Improvements have not been completed and accepted by the City by January 16, 2022. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvement before January 16, 2022 if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee for the CFA is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for the cost or materials for construction of the Improvements, the contractors and suppliers may put a lien upon the property which is the subject of the Completion Agreement. 2. The Cost Summary Sheet of the CFA is amended to be and read as set forth in Exhibit A of this First Amendment. 3 a. All other terms and conditions of the CFA shall remain in full force and effect except as specifically set forth in this First Amendment. b. All terms of this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the CFA. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 51763 Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have eXecuted this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH ., , , �, Dana Burghdoff Assistant City Manager Date: M a r 25, 2021 Recommended by: � Evclyn Rol Ls INar J' , LO2110'.�9 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Development Services Department Approved as to Form & Legality: �l2_,. Richard A. Mdracken (Mar25, 202ll4:01 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: FOTIri 1295: N/A ATTEST: !�2 �h:c��� Ce.��cD.,e.� rRonaldP.Gon�ales'(Mar26,20210/�.� DTj Mary J. Kayser City Secretary DEVELOPER 6600 Calmont, LLC _�, L Kyle Poulson Member Date: M a r 25, 2021 .o.-d4����� Contract Com laance Mana er: ,o,.dF FORp ��� 1� g p po �� �o�L��� By signing, I acknowledge that I am the �o o�dd person responsible for the monitoring and —° °�A vg o=� administration of this contract, including all 0 �� �o 000 �� performance and reporting requirements. O �� ��00000_ � City of Fort Worth, Texas First Amendment to City Secretary Contract No. 51763 Page 3 of 4 �7G1/�lG c�G�CG��/�%�GIC�I Jan�ie5 I tt �loralP� ,11arL5.2021111� CDT; Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% Letter of Credit = 125% City of Fort Worth, Texas First Amendment to City Secretary Contract No. 51763 Page 4 of 4 Developer's Cost $15,473.00 $91,657.20 $ 107,130.20 $68,337.53 $142,961.97 $18, 778.00 $ - $ 230,077.50 $ 337,207.70 $13,965.00 $1,470.00 $150.00 $ 15,585.00 Choice Amount (Mark on $ $ $ 421,509.63 I x