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HomeMy WebLinkAboutContract 57525-A1 Date Received: Nov 7, 2022 City Secretary Time Received: 9:41 a.m. Contract No.: 57525-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57525 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BLOOMFIELD HOMES,L.P. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57525 ("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 Bloomfield Homes,L.P. ("Developer"), a Texas limited partnership. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project known as Hulen Trails Phase 4, City Project Number 103489, ("CFA"); and WHEREAS, City and Developer executed a Completion Agreement as the financial guarantee for the On-Site Improvements in the CFA("Completion Agreement"); and WHEREAS, the Developer provided the City with a cash escrow as the financial guarantee for the Off-Site Improvements in the CFA; and WHEREAS,the CFA and the Completion Agreement are filed with the City Secretary as City Secretary Contract Number 57525; and WHEREAS, Developer desires to replace the Completion Agreement with a cash deposit as the financial guarantee for remaining On-Site 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 No. 57525: 1. Section 5 of the CFA is amended to add the following paragraph: Developer has delivered to the City a letter of credit in the amount of$3,801,890.43 for the On-Site water, sewer, paving, storm drain improvements and a separate letter of credit in the amount of $286,949.04 for the street light Improvements guaranteeing Developer's obligation to complete construction of the remaining On-Site Improvements and pay all contractors and material suppliers. City and Developer agree that the Developer may replace the Completion Agreement with cash deposit as the financial guarantee for the remaining Improvements. OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas First Amendment to City Secretary Contract No.57525 FT. WORTH, TX Page 1 of 3 2. The Completion Agreement is terminated. 3. a. All other provisions of City Secretary Contract No. 57525 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 No. 57525. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas First Amendment to City Secretary Contract No.57525 Page 2 of 3 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 Bloomfield Homes,L.P. 2#rala'47&L66a Dana Buranda ff Donald J Dykstra(Nov ,202215:08 CDT) Dana Burghdoff CKOV 4,202211:21 CDT) Donald J. Dykstra Dana Burghdoff President Assistant City Manager Date: Nov 4, 2022 Date: Nov 3, 2022 Recommended by: Dwayne Hollars(Nov3,202215:09 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form &Legality: Richard A.McCracken(Nov 3,202215:22 CDT) Richard A. McCracken Sr. Assistant City Attorney ,dam fort Contract Compliance Manager: J pF°°°°°°°°°�L�d By signing, I acknowledge that I am the M&C No. N/A ° °°O�0 Form 1295: N/A 1� a��d person responsible for the monitoring and �j o o= administration of this contract, including all ATTEST: �� o o d� performance and reporting requirements. ° 0 O/ ��nEXASaa Malt 7'cl�i>•o�r�6elia,G�o�,� .7GI`l`l2l`t`2 c� C7000t�GI� Matt Tilly on beha of(Nov3,202215:OCD Jannette S.Goodall(NOv4,202215:57 CDT) Jannette S. Goodall Name: Janie Scarlett Morales City Secretary Title: Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, T City of Fort Worth,Texas First Amendment to City Secretary Contract No.57525 Page 3 of 3