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HomeMy WebLinkAboutContract 58971-A1City of Fort Worth, Texas First Amendment to City Secretary Contract No. 58791 Page 1 of 3 Date Received: _______________City Secretary Time Received: ______________Contract No.: ____________ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58791 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMB VENTANA DEVELOPER SOUTH, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58791 (“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 PMB Ventana Developer South, LLC (“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 “Ventana Phase 6B” under City Project Number 103677 (“CFA”); and WHEREAS, City and Developer executed a Completion Agreement as the financial guarantee for the CFA (“Completion Agreement”); and WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary as City Secretary Contract (“CSC”) Number 58791; and WHEREAS, Developer desires to replace the Completion Agreement with a cash deposit as the financial guarantee for remaining 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. 58791 as follows: 1. Section 5 of the CFA is amended to add the following paragraph: Developer has delivered to the City a cash deposit in the amount of $69,348.75 for the remaining paving, storm drain and street light Improvements that have not yet been completed, guaranteeing Developer's obligation to complete construction of the remaining 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. 2. City of Fort Worth, Texas First Amendment to City Secretary Contract No. 58791 Page 2 of 3 The Completion Agreement is terminated. 3. a.All other provisions of City Secretary Contract No. 58791 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. 58791. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 58791 Page 3 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 Dana Burghdoff Assistant City Manager Date: Recommended by: Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A______________ Form 1295: N/A_____________ ATTEST: Jannette S. Goodall City Secretary DEVELOPER PMB Ventana Developer South, LLC K. Taylor Baird Manager Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. Name: Rebecca Owen Title: Development Manager