HomeMy WebLinkAboutContract 54852-A1 Date Received: Nov 15, 2021 Contract No.: 54852-Al
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54852
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
MERITAGE HOMES OF TEXAS,LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
54852 ("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 Meritage Homes of
Texas, LLC ("Developer"), an Arizona limited liability company.
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project known as Cibolo Hills
Phase 2 ("CFA"); and
WHEREAS, City and Developer 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 54852; 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 and Developer acting herein by and through their duly
authorized representatives, enter into the following agreement which amends City Secretary
Contract No. 54852:
1.
Section 5 of the CFA is amended to add the following paragraph:
Developer has delivered to the City a Development Bond in the amount of
$441,646.00, 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.
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
Amendment No. 1 to City Secretary Contract No. 54852
Page 1 of 3
3.
a. All other provisions of City Secretary Contract Number 54852 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 54852.
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City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 54852
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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 DEVELOPER
Meritage Homes of Texas, LLC
Dana Burg no off(Nov 9,2021 255� David Aughi no h(Nov 9,202114:51 CST)
Dana Burghdoff Name: David Aughinbaugh
Assistant City Manager Title: Vice President, Land
Date: Nov 9, 2021 Date: Nov 9, 2021
Recommended by:
i�
Evelyn Roberts/Jennifer Ezernack
Contract Compliance Specialist
Planning and Development
Approved as to Form & Legality:
Richard A.McCracken(Nov 9,202115:20 CST)
Richard A. McCracken
Sr.Assistant City Attorney
M&C No. Contract Compliance Manager:
Date: Nov 9,2021 By signing, I acknowledge that I am the
Form 1295: person responsible for the monitoring and
administration of this contract,including all
performance and reporting requirements.
lco�ATTEST: .o�a-a��u a p p q
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tlt� ��O° °Oj.�� Evelyn Ro s on behalf of(Nov 9,202115:05 CST)
Ronald P. Gonzales pUgwox°o � Name: Janie Scarlett Morales
Acting City Secretary �d'f°°°°°°°°°°°°°qd Title: Development Manager
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OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
Amendment No. 1 to City Secretary Contract No. 54852
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