HomeMy WebLinkAboutContract 54335-A1 07/06/2021
CSC No.54335-A1
8:16 am
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54335
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH
ECM TRINITY,LLC AND IBC BANK
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
54335 ("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, ECM Trinity, LLC
("Developer), a Texas limited liability company, and IBC Bank("Lender").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project know as Trinity Parks
("CFA"); and
WHEREAS, City, Developer and Lender executed 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 54335; and
WHEREAS, Developer desires to replace the Completion Agreement with a
development bond as the financial guarantee for remaining Improvements to be constructed
pursuant to the CFA;
NOW THEREFORE, City, Developer and Lender, acting herein by and through their
duly authorized representatives, enter into the following agreement which amends City
Secretary Contract No. 54335:
1.
Section 5 of the CFA is amended to add the following paragraph:
S. Developer has delivered to the City a Development Bond in the amount of
$87,370.00, guaranteeing Developer's obligation to complete construction of the
remaining Improvements and pay all contractors and material suppliers. City and
Developer agree that the Developer may replace the Completion Agreement with
the Development Bond as the financial guarantee for the remaining Improvements.
2.
The Completion Agreement is terminated.
3.
a. All other provisions of City Secretary Contract Number 54335 which are not expressly
amended herein, shall remain in full force and effect.
OFFICIAL RECORD
City of Fort worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No.54335
Page 1 of FT. WORTH, TX
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 54335.
IN TESTIMONY WHEREOF, the City, Developer and Lender have executed this First
Amendment to be effective on the date signed by the City's Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
ECM Trinity, LLC
Chris ffarder(for)
Chris Harder(for)(Jul 2.202109:24 CDTI Logan osd (Jun29,22114:50 CDT)
Dana Burghdoff Name: Logan Hostin
Assistant City Manager Title: Development Manager
Date: Jul 2,2021 Date: Jun 29, 2021
Recommended by:
LENDER
ELe&—#amet& IBC Bank
Evelyn Rbberts fJun 29.20211631 CD'
Evelyn Roberts/Jennifer Ezernack
Project Assistant -ottSludenko(Jun 29,202116U5 CDT)
Planning and Development Name: Scott Studenko
Title: Vice President
Approved as to Form &Legality:
Date: Jun 29, 2021
Richard X McCracken(Jun 30,202113:28 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date: Contract Compliance Manager:
Form 1295: N/A By signing, I acknowledge that I am the
person responsible for the monitoring and
ATTEST: administration of this contract, including all
�p0�°FORr ��d performance and reporting requirements.
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Kayser
T lU° 0 2 9a�ue scar�EtrNora
MaryJ. 11Q SeT o d Janie SO,Iett Morales(Jun30,202112:18 CDT)
0
° o �`� Name: Janie Scarlett Morales
City Secretary d� °°°°°°°°
���nEXASda Title: Development Manager
OFFICIAL RECORD
City of Fort worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No.54335
Page 2 of 2 FT. WORTH, TX