HomeMy WebLinkAboutContract 50202-A1 Feb 17, 2022 CSC No. 50202-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50202
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TEXAS INTOWNHOMES, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
50202 ("First 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 Texas InTownHomes,
LLC, a Texas limited liability company ("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
Carroll Street Townhomes, City Project Number 101025, City Secretary Contract Number
50202 ("CFA"); 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. 50202:
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 May 31, 2022.
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 May 31, 2022.
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 May
31, 2022 if Developer breaches this Agreement, becomes insolvent, or
fails to pay the costs of construction.
OFFICIAL RECORD
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50202 CITY SECRETARY
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TEXAS INTOWNHOMES,LLC FT. WORTH, TX
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 First Amendment that are capitalized but not defined shall have
the meanings ascribed to those terms in the CFA.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50202 Page 2 of 3
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TEXAS INTOWNHOMES,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
Te s InTo nH mes,LLC
bww-BgGuJ
Dana Burghdoff(F6 17,20 11:17 CST)
Dana Burghdoff Frank Liu
Assistant City Manager Manager
Date: Feb 17, 2022 Date:
Recommended by:
jgAifer Ezern Feb 16,20 :36 CST)
Evelyn Roberts/Jennifer Ezernack
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
Richard A.McCracken(Feb 17,2022 08:53 CST)
Richard A. McCracken
Sr. Assistant City Attorney
a��pORT�a
M&C No.N/A �pF°°°°°°°°°lya�
° °O�d Contract Compliance Manager:
Form 1295: N/A o�=� By signing, I acknowledge that I am the
0. o �d person responsible for the monitoring and
P�000
°°°°°°°°°°°°
ATTEST: �a�nEx AS administration of this contract, including all
a�p
performance and reporting requirements.
J nette S.Goodall(Feb 17,2022 13; CST) Awnlef
Jannette Goodall Janie Scarlett Morales(Feb 16,2022 18:54 CST)
City Secretary Janie Scarlett Morales
Development Manager
OFFICIAL RECORD
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50202 CITY SECRETARY
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TEXAS INTOWNHOMES, LLC FT. WORTH, TX