HomeMy WebLinkAboutContract 51712-A1 03/14/2022
CSC No.51712-A1
4:28 pm
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51712
A GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
51712 ("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 Viridian Municipal
Management District, a political subdivision of the State of Texas ("District").
WHEREAS, the City and the District entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a project generally described as
Calloway Cemetery Road T.R.E. Railroad Crossing, City Project Number 101442 ("CFA");
and
WHEREAS,due to unforeseen circumstances beyond the District's control,the District
desires to extend the deadline to complete construction of the Improvements; and
WHEREAS, City and District desire to amend the CFA to reflect the new deadline for
the District to compete construction of the Improvements;
NOW THEREFORE, City and District, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends City Secretary
Contract No. 51712:
1.
Section P of the CFA is amended in its entirety to read as follows:
P. COMPLETION DEADLINE
i. District shall complete construction of the Improvements and obtain the
City's acceptance of the Improvements by March 31, 2023.
ii. Nothing contained herein is intended to limit the District'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 District'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 the
District and accepted by the City by March 31, 2023.
iv. The City may utilize the District'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 March
31, 2023 if the District breaches this Agreement, becomes insolvent, or
fails to pay the costs of construction.
OFFICIAL RECORD
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51712 CITY SECRETARY
A GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT FT.WORTH, TX
BETWEEN THE CITY OF FORT WORTH AND
VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT
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 51712 Page 2 of 3
A GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT
IN TESTIMONY WHEREOF, the City and District 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
Viridian Municipal Management District
151alvl� R2helle Quell
Dana Burghdoff(Mar 14,20 11:10 CDT Michelle Deu ell(Mar 13,202211:09 CDT)
Dana Burghdoff Michelle Deuell
Assistant City Manager Chairperson
Date: Mar 14,2022 Date: Mar 13,2022
Recommended by: Contract Compliance Manager:
By signing, I acknowledge that I am the
person resonsible for the monitoring and
Evelyn oberts(Ma 4,202208:11CDT) administration of this contract, including all
Evelyn Roberts/Jennifer Ezernack performance and reporting requirements.
Project Assistant
Development Services Tame, Scar-1011-t Morgles
Janie Scarlett Morales(Mar 14,2022 08:29 CDT)
Janie Scarlett Morales
Approved as to Form & Legality: Development Manager
4�
Richard A.McCracken(Mar 14,2022 08:57 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No.N/A
Form 1295: N/A
ATTEST: AT..,
FORT�0%0
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op °0008Jannette S.Goodall(Mar 14,202211:19 CDT) oo dJannette S. Goodall d °o°°°°°°° -
City Secretary �a��EXASoAp
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51712 Page 3 of 3
A GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
VIRIDIAN MUNICIPAL MANAGEMENT DISTRICT