Loading...
HomeMy WebLinkAboutContract 52062-A104/16/2021 1:04 pm CSC No. 52062-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52062 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JEFFERSON OAKHURST SCENIC, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52062, ("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 Jefferson Oakhurst Scenic, LLC ("Developer"), a Delaware limited liability company authorized to conduct business in the State of Texas. WHEREAS, City and Developer entered into a Community Facilities Agreement, City Secretary Contract No. 52062 ("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; 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. 52062: 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 March 17, 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. �FFICIAL REC�RD City ofFort Worth, Texas CITY SECRETARY First Amendment to City Secretary Contract No. 52062 FT. WORTH, TX Page 1 of 3 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 March 17, 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 March 17, 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 �nancial 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. 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. 52062 Page 2 of 3 IN WITNESS 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 Dqhq Bu��rH�loff Dana Burghdoff pr 15, 202118:03 CDT) Dana Burghdoff Assistant City Manager Apr15,2021 Date: Recommended by: ��eC��r ,�obe�tl EvdynRo erts(Apr14,20210N34CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Development Services Department Approved as to Form & Legality: Richard A. McCracken (Apr 14, 2021 21:00 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A ATTEST: �D�,�D�GI�Gt � GObIlGI�GJ' �foi Ronald P. 6onzales (Apr 16, 2021 0856 CDT) Mary J. Kayser City Secretary �4���� a �� �� ���oRr�a�� o d 0 p�o �_o a��� �v° �=d � o d ����o o�� � � o � � °�000000� ,� �� nEXASa�'p City of Fort Worth, Texas First Amendment to City Secretary Contract No. 52062 Page 3 of 3 DEVELOPER Jefferson Oakhurst Scenic, LLC � Payto ayes(Apr14,2021 0 1 CDT) Payton Mayes Executive Vice President Date: Apr 14, 2021 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. e�ar�- sc�C�t titv��Ce� Janie Scarlett Morales (Apr 14, 20211529 CDT) Janie Scarlett Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX