HomeMy WebLinkAboutContract 50269-A2 09/30/21
CSC No.50269-A2
1:23 pm
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND EME PANTHER ISLAND,LLC
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
50269 ("Second 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 EME Panther
Island,LLC, a Delaware limited liability company authorized to conduct business in the state
of Texas ("Developer").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a project generally described as
Encore Panther Island, City Project Number 101343 ("CFA"); and
WHEREAS, the City and Developer executed a first amendment to the CFA to extend
the construction deadline to September 1, 2021, City Secretary Contract 50269-A1; and
WHEREAS, due to unforeseen circumstances beyond Developer's control, Developer
desires to extend the deadline to complete construction of the Improvements; and
WHEREAS, City and Developer desire to amend the CFA to reflect the new deadline
for Developer to compete construction of the Improvements;
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. 50269:
1.
Section P of the CFA is amended in its entirety to read as follows:
P. COMPLETION DEADLINE
i. Developer shall complete construction of the Improvements and obtain
the City's acceptance of the Improvements by November 15, 2021.
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.
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 constructed by
Developer and accepted by the City by November 15, 2021.
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 the construction of the Improvements before
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269 OFFICIAL RECORD
A COMMUNITY FACILITIES AGREEMENT BETWEEN CITY SECRETARY
THE CITY OF FORT WORTH AND EMF PANTHER ISLAND,LLC
FT. WORTH, TX
November 15, 2021 if Developer breaches this Agreement, becomes
insolvent, or fails to pay the costs of construction.
2.
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 Second Amendment that are capitalized but not defined shall have
the meanings ascribed to those terms in the CFA.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269 Page 2 of 3
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND EMF PANTHER ISLAND,LLC
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 DEVELOPER
EMF Panther Island, LLC
DGlblGl �l �W A Delaware limited liability company
Dana Burghdoff(Sep 27,20211 :56 CDT)
Dana Burghdoff By: EMF Panther Island,LP
Assistant City Manager Its sole member
Date: Sep 27,2021 By: EMF Panther Island GP,LLC
Its general partner
Recommended by: By: Encore Multi-Family, LLC
Its Manager
Evelyn Rog s(Sep 23,2021 13:42 CDT)
Evelyn Roberts/Jennifer Ezernack Char-li e Keels
Project Assistant Charli e Keels(Sep 23,202110:57 CDT)
Development Services Charlie Keels
Authorized Signatory
Approved as to Form & Legality: Date: Sep 23,2021
Contract Compliance Manager:
Richard A.McCracken(Sep 24,2021 09:49 CDT)
Richard A. McCracken By signing, I acknowledge that I am the
Sr. Assistant City Attorney person responsible for the monitoring and
administration of this contract, including all
performance and reporting requirements.
M&C No.N/A
Form 1295: N/A
Janie Scarlett Morales
ATTEST: Development Manager
Ronald P. Gonzales, Ast�fv SBGLefa�
Ronald P.Gonzales,Acting City Secretary(Sep 29,202108:13 CDT) pq� FOR �aT
o0000 (
Mary J. Kayser/Ronald Gonzales V O°o°° °°°°O�d
City Secretary/Assistant City Secretary ��
..0 o
0vo g=d
�° o°odd
o
�44 nEXAsoAp
OFFICIAL RECORD
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269 CITY SECRETARY
A COMMUNITY FACILITIES AGREEMENT BETWEEN FT. WORTH, TX
THE CITY OF FORT WORTH AND EMF PANTHER ISLAND,LLC