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HomeMy WebLinkAboutContract 57590-A1City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57590 Page 1 of 5 Date Received: _______________ City Secretary Time Received: ______________ Contract No.: ____________ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57590 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PR III/CROW BUILDING C, LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57590 (“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 PR III/Crow Building C, LP (“Developer”), a Delaware 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 35 Eagle Phase III Building1, City Project Number 103989 (“CFA”); and WHEREAS, after execution of the CFA, but before beginning construction of the Improvements, Developer hired a new contractor to construct the Improvements pursuant to the CFA; and WHEREAS, the City and Developer desire to amend the CFA to reflect the new contractor and increased construction cost; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract Number 57590: 1. Section 36 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment, which is attached hereto and incorporated herein by reference. 2. The Cost Estimates in the CFA are amended in their entirety to be and read as set forth in Exhibit B of this First Amendment, which is attached hereto and incorporated herein by reference. 3. a. All other provisions of City Secretary Contract No. 57590 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. 57590. City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57590 Page 2 of 5 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on June 29, 2022. CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Date: Recommended by: Dwayne Hollars/Bichson Nguyen 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 Date: ________________ ATTEST: Jannette S. Goodall City Secretary 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 DEVELOPER: [Signature on following page] City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57590 Page 3 of 5 DEVELOPER PRIII/Crow Building C, LP By: PR III/Crow Building C GP, LLC A Delaware limited liability company, Its general partner By: PR III/Crow Building C, E, F, G & L Holdings, LLC A Delaware limited liability company Its sole member and manager By: TC Eagle CEFGL Development, LLC A Delaware limited liability company Its authorized signatory By: TCDFW Industrial Development Inc., A Delaware corporation Its managing member ____________________________ Jake Marks Senior Vice President City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57590 Page 4 of 5 EXHIBIT A 36. Cost Summary Sheet Project Name: 35 Eagle Phase III Building I CFA No.: CFA22-0052 City Project No.: 103989 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 143,132.00$ 2. Sewer Construction 29,020.00$ Water and Sewer Construction Total 172,152.00$ B. TPW Construction 1. Street -$ 2. Storm Drain -$ 3. Street Lights Installed by Developer -$ 4. Signals -$ TPW Construction Cost Total -$ Total Construction Cost (excluding the fees):172,152.00$ Estimated Construction Fees: C. Construction Inspection Service Fee $9,500.00 D. Administrative Material Testing Service Fee $490.00 E. Water Testing Lab Fee $240.00 Total Estimated Construction Fees:10,230.00$ Financial Guarantee Options, choose one Amount Choice (Mark one) Bond = 100%172,152.00$ x Completion Agreement = 100% / Holds Plat 172,152.00$ Cash Escrow Water/Sanitary Sewer= 125%215,190.00$ Cash Escrow Paving/Storm Drain = 125%-$ Letter of Credit = 125% 215,190.00$ City of Fort Worth, Texas First Amendment to City Secretary Contract No. 57590 Page 5 of 5 EXHIBIT B Cost Estimates