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HomeMy WebLinkAboutContract 46503-A5 AMENDMENT NO. 5 CSC No.46503-A5 TO CITY SECRETARY CONTRACT NO. 46503 DEVELOPER AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 46503, DEVELOPER AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant, Denton, and Wise Countries, Texas, acting herein by and through Dana Burghdoff, its duly authorized Assistant City Manager, hereinafter referred to as the "City," and DOWNTOWN FORT WORTH INC., ("DFWI"), a Texas nonprofit corporation and acting by and through Andy Taft, its duly authorized president. RECITALS WHEREAS, the City of Fort Worth ("City") and DOWNTOWN FORT WORTH INITIATIVES,INC., ("DFWII"), made and entered into City Secretary Contract No. 46503 (the "Agreement") on March 10, 2015; and WHEREAS, the Agreement describes a scope of services for design and construction of pedestrian mobility facilities to mitigate closure of the I" Street rail crossing due to the Tower 55 project; and WHEREAS, the design and construction of pedestrian mobility facilities requires extensive community outreach and coordination with Burlington Northern Santa Fe (BNSF); and WHEREAS, on March 30, 2015, the City and DFWII and Downtown Fort Worth Inc. (DWFI) executed City Secretary Contract No. 46503-CAI to assign all of DFWII's right, title and interests to DFWI subject to the terms and conditions set forth in the Agreement: WHEREAS, on September 22,2016 the City and DFWII executed City Secretary Contract No. 46503-A1 to extend the term of the agreement to expire on January 1, 2019 to allow DFWII to complete the scope of services; and WHEREAS, on December 26, 2018 the City and DFWI executed City Secretary Contract No. 46503-A2 to remove the limitation on funding artwork and extend the term of the agreement to expire on November 1, 2019 to allow DFWI to complete the scope of services; and WHEREAS, on March 6, 2020 the City and DFWI executed City Secretary Contract No. 46503-A3 to extend the term of the agreement to expire on December 31, 2020 to allow DFWI to complete the scope of services WHEREAS, on December 22, 2020 due to the ongoing COVID-19 pandemic staff the City and DFWI executed City Secretary Contract No. 46503-A4 to extend the term to expire on December 31, 2021 to allow DFWI to complete the scope of services; and Developer Agreement Amendment No. 4 CSC No. 46503 OFFICIAL RECORD DFWI CITY SECRETARY FT. WORTH, TX WHEREAS, due to the continuation of the COVID-19 pandemic staff recommends amending the agreement to extend the term to expire on December 31, 2022 to allow DFWI to complete their scope of services; and NOW THEREFORE, City and DFWI acting herein by and through their duly authorized representatives enter into the following that amends the Agreement: 1. Section 4. Services: Phases, Schedules and Community Facilities Agreement(CFA)is hereby amended to extend the term to complete the Project, to read as follows: Section 4.2 The work for the entire project shall be completed on or before December 31, 2022. DFWI shall be required to pay any additional costs related to the Project if the Project is not completed on or before December 31, 2022. EXECUTED on this the h day of 404'A4 , 20oU-. CITY OF FORT WORTH DOWNTOWN FORT WORTH INC. Dana Burghdoff(Apr 19,2022 14:28 CDT) Dana Burghdoff dy Taft Assistant City Manager President APPROVED AS TO FORM ATTEST: ��p o F�on) 0��d AND LEGALITY: a� � O��d Tgnnefte S. Goo�gll ~0 ��(�In mot✓ P o 0 lannette S.Goodall(Apr 19.2022 15:00 CDT) ���o o° � Melinda Ramos Jannette S. Goodall �d'�° 0000000 Sr. Assistant City Attorney City Secretary ��ZJ fexASoab CONTRACT AUTHORIZATION: M&C: None required Date Approved: OFFICIAL RECORD CITY SECRETARY Developer Agreement Amendment No. 4 CSC No.46503 FT. WORTH, TX DFWI