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HomeMy WebLinkAboutContract 54110-CA1 08/10/2021 CSC No.54110-CA1 3:12 pm CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES AGREEMENT (CITY SECRETARY CONTRACT NO. 54110 ) This CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES AGREEMENT ("Consent")is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, ("City"); Stillwater Capital Investments, LLC,a Texas limited liability company("Assignor"); and SW Crystal Springs,LLC,a Delaware limited liability company authorized to conduct business in the State of Texas ("Assignee"). The following introductory provisions are true and correct and form the basis of this Consent: WHEREAS, the City and Assignor entered into a Community Facilities Agreement City Secretary Contract No. 54110.("Agreement"), for the construction of public infrastructure for a project generally described as Crystal Springs, City Project Number 101881; and WHEREAS, on May 5, 2020, by M&C 20-0315, the City Council of the City of Fort Worth authorize City Participation in the Agreement in an amount not to exceed $462,725.00 for the relocation of a sewer main; and WHEREAS, Assignor wishes to assign all of its right, title and interest in the Agreement to Assignee. The City is willing to consent to an assignment of the Agreement to Assignee solely in accordance with this Consent; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the City,Assignor and Assignee agree as follows: 1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and interest granted to Assignor by the Agreement effective on the date on which the City has executed this Consent("Effective Date"). 2. The City consents to such assignment expressly upon the promise and covenant by Assignee, and Assignee promises and covenants to the City, that Assignee will comply with and assume all duties and obligations of Developer set forth in the Agreement arising on and after the Effective Date. Assignor will comply with and be liable for performance of all duties and obligations of Developer arising prior to the Effective Date. 3. Notwithstanding anything to the contrary herein,Assignee understands and agrees that no act or omission of Assignor,whether before or after the Effective Date,will serve to mitigate any event of default set forth in the Agreement, or limit or modify City's ability to terminate the Agreement. 4. By executing this Consent, the City does not ratify or endorse any agreement or representation between Assignor and Assignee; grant Assignee any rights greater than those granted to Developer under the Agreement; or consent to any amendment to the Agreement. OFFICIAL RECORD Consent to Assignment of Community Facilities Agreement CITY SECRETARY From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC FT. WORTH, TX 5. All terms in this Consent that are capitalized but not defined shall have the meanings assigned to them in the Agreement. 6. The Agreement is in full force and effect and has not been modified, supplemented, or amended in any way unless specifically set forth herein. 7. On and after the Effective Date, all notice which is required or desired to be sent to Developer under the Agreement shall be delivered to the following: SW Crystal Springs, LLC 4145 Travis Street Dallas, Texas 75204 [SIGNATURE PAGES FOLLOW] Consent to Assignment of Community Facilities Agreement Page 2 of 4 From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC IN WITNESS WHEREOF,the undersigned have caused this Consent to be effective on the date signed by the City's Assistant City Manager. The City: CITY OF FORT WORTH ATTEST.- 0h°FoR o 4( 0 o° o�� o $=�dI for Ronald P.Gonzales(Oct 1=,202017:00 CDT) �j� O O� r Dana Burghdoff(Oct 1,202 6:40 CDT) O O Dana Burghdoff Mary J. Kayser �� °°°°°°°°°°°° a Assistant City Manager City Secretary ��nEXAsoA Date: Oct 1,2020 Recommended by: Evelyn roberts(Jul 21,202010:38 CDT) Evelyn Roberts Contract Compliance Specialist Planning and Development Approved as to Form & Legality: Richard A.McCracken(Oct 1,2020 10:40 CDT) Richard A. McCracken Sr.Assistant City Attorney M&C No. N/A Date: Form 1295: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. `uu'rie Lewls Laurie Lewis(Jul 21,2020 10:55 CDT) Laurie Lewis Interim Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Consent to Assignment of Community Facilities Agreement Page 3 of 4 From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC Assignor: Stillwater Capital Investments,LLC a Texas limited liability company Aaron Sherman(Jul21,202010:36 CDT) Name: Aaron Sherman Title: Authorized Signatory Date: J u 121, 2020 Assignee: SW Crystal Springs,LLC a Delaware limited liability company By: SW Crystal Springs Investments, LLC, a Texas limited liability company, Manager By: SW Crystal Springs Investments Manager LLC, a Texas limited liability company, Manager Aaron Sherman(Jul21,202010:36 CDT) Name: Aaron Sherman Title: Authorized Signatory Date: Jul 21, 2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Consent to Assignment of Community Facilities Agreement Page 4 of 4 From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC