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HomeMy WebLinkAboutContract 56282-A1 01/18/2022 CSC No.56282-A1 9:07 AM FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56282 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 56282 ("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 3 ("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 56282; and WHEREAS, Developer desires to replace the Completion Agreement with a development bond as the financial guarantee for the 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. 56282: 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 $4,632,687.40, guaranteeing Developer's obligation to complete construction of the 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 Improvements. 2. The Completion Agreement is terminated. 3. a. All other provisions of City Secretary Contract Number 56282 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. 56282 FT. WORTH, TX Page 1 of 2 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 56282. 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(Ja 1Tt 3,20222:00 CST) David Augh inb h(Jan12,202214:19CST) Dana Burghdoff David Aughinbaugh Assistant City Manager Vice President Date: Jan 13,2022 Date: Jan 12, 2022 Recommended by: Evelyn Ro s(Jan 12,202214:29 CST) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form & Legality: -9?—-- Richard A.McCracken(Jan 12,202215:53 CST) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Contract Compliance Manager: Date: a�440Ra By signing, I acknowledge that I am the a F00 T person responsible for the monitoring and Form 1295: N/A CY ���' d p p g ago° °0 administration of this contract,including all P0 vo 8=� performance and reporting requirements. ATTEST: o 0 0 o*mod OOOO 000O��OO AV Tannei°te S.Goodall dank�EXASo'd Janneffe S.aoudad(Jan 14,zozz 10:00 CST) Jannette Goodall/Ronald Gonzales Name: Janie Scarlett Morales City Secretary/Assistant City Secretary Title: Development Manager OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Amendment No. 1 to City Secretary Contract No. 56282 Page 2 of 2