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HomeMy WebLinkAboutContract 54220-A1o4/os/Zo2i 12:05 pm CSC No. 54220-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY 114 DEVELOPMENT, LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 ("First Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), and HT HWY 114 Development, LP, a Texas limited partnership ("Developer"). WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a proj ect known as Tradition NS- III Offsite Water Line, City Secretary Contract Number 54220 ("CFA"); and WHEREAS, the CFA provides that the City will reimburse Developer for the City Participation after construction and acceptance of the Improvements by the City; and WHEREAS, due to the amount of the City Participation in the CFA, the City and Developer desire to amend the CFA to allow the City to reimburse Developer for City Participation in the Improvements that have been constructed to date, with the remaining balance to be due and payable after completion of construction and acceptance of the Improvements by the City; 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. 54220: 1. Section 34 of the CFA is amended to be and read as follows: 34. City Participation; Fiscal Funding Limitation (a) The City shall reimburse Developer for the City Participation in two payments. Developer shall submit the first application for payment to the City for the Improvements that have been constructed as of the date of the application. The first application for payment shall include an invoice from Developer and a lien release and affidavit from Developer's contractors. The lien release and affidavit shall specify that the contractors have been paid in full by Developer for the Improvements that are included in the application for payment and that the contractors have paid all subcontractors and material suppliers. The City shall reimburse Developer for the construction of the remaining Improvements after presentation of proper documentation by Developer to the City that all the Improvements have been constructed and accepted by the City and all contractors, subcontractors, and material suppliers have been paid. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or eXpense to the City of any kind whatsoever, eXcept to the portions of annual payments herein agreed upon for which funds shall have been appropriated. � a. All other provisions of the CFA, 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 the CFA. [REMAINDER OF PAGE INTENTIONALLY BLANK] FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 Page 2 of 4 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by their duly authorized representatives to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH �Gl`lGl t�GL�GI`lGtO� Dana Burghdoff (Apr6, 2021 0:14 CDT) Dana Burghdoff Assistant City Manager Date: Apr 6, 2021 Recommended by: E✓elvn Robe�ts , Evelyn Roberts (Apr 6, 2021 1L55 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Development Services Approved as to Form & Legality: Richard A McCracken (Apr6, 202114:17 CDT) Richard A. McCracken Assistant City Attorney M&C N/A Form 1295: N/A ATTEST: fo� !.'ohql� P. Gohzqles for Ronald P. Gonzales (Apr7, 202108:47 CDT) Mary J. Kayser City Secretary .p.-�yu`��+u� � d 4 � pFo� �°� � �f• � ,�►o °G�� �g o�� � 0 o � v* o o * �d ° o° /y ��, ���00000� A' FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DEVELOPER HT HWY 114 DEVELOPMENT LP, a Texas limited partnership By: HT Hwy 114 Development LLC, a Delaware limited liability company, its general partner By: HT Hwy 114 LP, a Delaware limited partnership, its sole member By: Hines Hwy ll4 LLC, a Delaware limited liability company, its general partner By: Hines Hwy 114 Associates LP, a Texas limited partnership, its sole member By: Hines Investment Management Holdings Limited Partnership, a Texas limited partnership, its general partner Rrr6e�t W, Wr.iiP- $y: uobo��w.wrtro;Apr6_zaziiissc�i'� Name: Robert W. Witte Title: Senior Managing Directar 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. �� �'�71�i�.� J eScarlectMorales(/1pr6,202112:36CDT) L Janie Scarlett Morales Development Manager FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX