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HomeMy WebLinkAboutContract 12132 THE STATE of TEXAS § CITY SECRETARY CONTRACT No..�-LL COUNTY OF TARRANT § This Contract made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas , acting herein by and through its duly authorized City Manager, hereinafter called "City", and American Manufacturing Company of Texas, hereinafter called "Owner", W I T N E S S E T H: WHEREAS, the City and Owner entered into a mechanic's materialman's contract on the 22nd day of November, 1977 for the reimbursement of paving constructed by the City and to be paid by assessing the adjoining landowners as property sold along Meacham Blvd. and Sylvania Street; and WHEREAS, one of the calculations contained in the Mechanic's and Materialman's Contract was erroneous; NOW, THEREFORE, The City and owner hereby agree that numeral 1. contained on Page 3 of the Mechanic's and Materialman's Contract, dated November 22, 1977 should read as follows : "1. dividing the newly improved lineal feet of frontage of Meacham Boulevard Unit II (8562 feet) and Sylvania Avenue Unit IIIB (1966 feet) by one to determine a factor for each side of the street;" All other provisions and agreements contained in the Mechanic's and Materialman's Contract dated November 22, 1977 shall remain the same. WITNESS our signatures this the day of 1981. ATTEST: CITY OF FORT WORTH i'. t Secretary B Cit Ma er APPROVED AS TO FORM AND LEGALITY: AMERICAN MANUFACTURING COMPANY OF TE _.- City Attorney APPROVED BY CITY CQUNCIL je OFFICIAL RECORD ! 1 Cit;, Secretary CITY SECRETARY I� 11-a44/ Date FT. WORTH. TEX. I City of Fort Worth, Texas -A` Mayor and council Communication �1 DATE REFERENCE SUBJECT: Amendment to Deferred Payment PAGE NUMBER Documents - Meacham Boulevard and Sylvanla 1 of 2 11/24/81 ** Avenue On December 13, 1977 (M&C G-3652) , the City Council adopted Ordinance No. 7672, closing the benefit hearing and levying the assessments as stipulated in Community Facilities Contract No. 9429 between the City of Fort Worth and American Manu- facturing Company of Texas, on a deferred basis. The assessments were secured by a Mechanic's and Materialman's Contract, dated November 22, 1977, and an Irrevocable Commercial Letter of Credit with Exhibit "A", dated December 2, 1977. Re--encly, the developer has sold and/or plans to develop several parcels of land on which assessments are due and payable under these conditions. During the process of determining the amount of assessment due, it was discovered that the two documents as originally prepared contained minor errors and should be correctEd for future reference. The developer and the staff, to include the Department of Law, agree to the amendments. The amount of the original assessment as indicated on the assessment roll does not change. It is proposed that Sub-Paragraph 1 on P. 3 of the Mechanic's and Materialman's Contract, dated November 22, 1977, be amended to read: "1. dividing the newly improved lineal feet of frontage of Meacham Boulevard Unit II (8,562 feet) and Sylvania Avenue Unit IIIB (1,966 feet) by one to determine a factor for each side of the street;" Secondly, that Paragraph d. (i) and d. (ii) of Exhibit "A" to the Irrevocable Commercial Letter of Credit, dated December 2, 1977, be amended to read: "d. The amount of said draft has been determined by: (i) Determining a fraction having as its numerator the exact number of lineal front feet of the affected tract fronting on either Meacham Boulevard or Sylvania Avenue and as its denominator either 1,054 feet for those tracts fronting on Meacham Boulevard or 120 feet for those tracts fronting on Sylvania-Avenue; (ii) Multiplying the fraction so derived on Subparagraph d(i) of this Paragraph 1 by the original cost as to this portion of the street involved ($87,105.58 for Meacham Boulevard or $5,448 for Sylvania Avenue) All other provisions and agreements in the above two documents remain the same. DATE REFERENCE SUBJECT: Amendment to Deferred payment- PAGE F i NUMBER Documents - Meacham Boulevard and -2—_of_2- 11;24%81 ** C-59y8 )Sylvania Avenue Recommendation It is recommended that the City Manager be authorized to execute the amendment to each of the two documents as outlined. GG:plg SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: (nary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Odell Schmidt, Ext. 7805 DATE