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F� pip ro AMENDMENT NO. 1 TO
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COMMUNITY FACILITIES AGREEMENT
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THE STATE OF TEXAS § CITY SECRETARY CONTRACT NO. 48493-Al
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("City") and BYD SLR FP, LLC ("Developer")
entered into a Community Facilities Agreement, City Secretary Contract No. 48493 ("CFA"),
wherein Developer is to make certain improvements related to a project generally described as
Skyline Ranch Chaparral("Project"); and
WHEREAS, the Project includes the construction of water, sewer, paving, storm drain,
street light and sign improvements; and
WHEREAS, the Developer and the City executed a Completion Agreement as the
financial guarantee for the Project(City Secretary Contract No. 48494);
WHEREAS,the Developer has constructed a portion of the improvements under the CFA;
and
WHEREAS, the Developer has requested to replace the Completion Agreement with a
Cash Escrow in the amount of $180,927.60, as the financial guarantee for the remaining
improvements to be constructed under the CFA, which sum represents one hundred twenty-five
percent of the remaining improvements to be completed; and
WHEREAS, City staff has verified the improvements that have been constructed and the
improvements remaining to be constructed under the CFA and the Developer has delivered to the
City proof of payments to the Developer's contractors and lien releases from the Developer's
contractors for the improvements that have been constructed;
NOW THEREFORE, City and Developer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends City Secretary
Contract No. 48493:
1.
City Secretary Contract No. 48493 is hereby amended to add Section Q.to be and read as
follows:
Q. Developer certifies that Developer has paid its contractors for all amounts
owed for work previously performed under this CFA. Developer has delivered to
the City a check in the amount of$180,927.60 as a Cash Escrow financial guarantee
representing one hundred twenty-five percent of the remaining Improvements to be
constructed under this Agreement. Developer agrees that the City may utilize the
Cash Escrow in accordance with this Agreement.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No.48493
Page 1 of 2 FT.WORTH,TX
2.
A11 other provisions of the CFA, which are not expressly amended herein, shall remain in
full force and effect.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in its name and on its behalf by its Assistant City Manager, attested by its City Secretary,
with the corporate seal of the City affixed,and said Developer has executed this instrument,at Fort
Worth, Texas this 28th day of March 2018.
CITY OF FORT WORTH DEVELOPER
BYD SLR FP, LLC
Jesus J.Chapa(Mar 27, 018) ,Gl,��/{���},--,—
Jesus J. Chapa Shawn Goff(Mar 26.2018)
Assistant City Manager Name: Shawn Goff
Title: Manager
Date: Mar 27,2018
Date: Mar 26,2018
Recommended by:
;,' X'—L—..14_ ATTEST: (Only if required by Developer)
Wendy Cf' abulal(Mar 26,2018)
Wendy Chi-Babulal, EMBA, P.E.
Engineering Manager
Water Department Name:
v�G� Gfi/ •, Grvia.��
Douglas 6 iersig(Mar 26,2018)
Douglas W. Wiersig, P.E. Contract Compliance Manager:
Director By signing, I acknowledge that I am the iF
Transportation & Public Works Department person responsible for the monitoring and
administration of this contract, including all
performance and reporting requirements.
Approved as to Form &Legality
/��,,/ Yanie Scarlett NioraiB.s
AIMIIN//L %�/GLir(hG�'f��! Janie Scarlett Morales(Mar 26,2018)
Richard A.McCracken(Mar 27,2018)
Name:
Richard A. McCracken Title:
Assistant City Attorney
M&C No. N/A ATTEST:
FOR
Date: �A� T
Form 1295:N/A Mary J.K r(Ma ,2018) O
Mary J. Kayser * `S
City Secretary ,
OFFICIAL RECORD r'ItzXAS
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No.48493
Page 2 of 2 FT,WORTHS TX