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HomeMy WebLinkAboutContract 54317-A106/14/2021 4:11 pm CSC No. 54317-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMES, L.P. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 ("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 Bloomfield Homes, L.P. ("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 Proj ect known as Hulen Trails, Phase 1 ("CFA"); and WHEREAS, Developer provided the City with a cash escrow in the amount of $179,047.33 as the financial guarantee for the water and sanitary sewer Improvements for the Project; and WHEREAS, City and Developer executed a Completion Agreement as the financial guarantee far the paving, streetlight, sign, and storm drain Improvements for the Project ("Completion Agreement"); and WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary as City Secretary Contract Number 54317; and WHEREAS, Developer desires to replace the Completion Agreement with a cash escrow in the amount of 125% of the cost of the streetlight Improvements in the CFA and a cash escrow for all other remaining Improvements to be constructed pursuant to the CFA as authorized by the CFA Ordinance; 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. 54317: 1. Section 5 of the CFA is amended to add the following paragraph: Developer has delivered to the City a cash escrow in the amount of $213,181.84, which equals 125% of the cost of the streetlight Improvements. Developer has delivered to the City a cash escrow in the amount of $60,058.90, which in addition to the $179,047.33 cash escrow previously provided to the City, equals 100% of the cost of the remaining Improvements to be constructed. The cash escrows provided by Developer are being provided to guarantee Developer's obligations to complete construction of the streetlights and the remaining Improvements, and pay all contractors and material suppliers. City and Developer agree that the Developer �FFICIAL RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 CITY SECRETARY A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMES, L.P. FT. WORTH, TX may replace the Completion Agreement with the cash escrows as the financial guarantee for the streetlights and the other remaining Improvements. 2. City and Developer agree that the Completion Agreement is terminated. 3. a. All other provisions of City Secretary Contract Number 54317 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 54317. [SIGNATURES ON FOLLOWING PAGE] FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 Page 2 of 3 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMFS, L.P. 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 �� a���.� �»�,�u����off,�u��� �� �,,4����, Dana Burghdoff Assistant City Manager Date: J u n 11, 2021 Recommended by: Ev�i�c Rv6ev�t� Cvelyn obcrLs;Jun9.202111�.O5CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form & Legality: � liichara A. McCrackcn ;Jun 10, 202113'.�1 CU I;� Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Form 1295: p�in ATTEST: ���� Mary J. Kayser City Secretary �4��n� a �� ap�o��Rl��� i o° °o� � � o�.{�d 0 o � � � o =� � ]� Oo � �C Lj o� F7' d�, °_��0000� .d DEVELOPER Bloomfield Homes, L.P. �� ���tt`� Don DyksLr� �,Jun 9, 202111�.01 CDTj Donald J. Dykstra President Date: J u n 9, 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. Tqnie Scqrlett Mo✓qles Ja�lc Scarlc[[ �loralcs (Jun 10. 202113:19 CDT1 Name: Janie Scarlett Morales Title: Development Manager FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMES, L.P. �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX