HomeMy WebLinkAboutContract 35344STATE OF TEXAS �tl� ��,�� �;��;������
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COUNTIES OF TARRANT
DENTON AND WISE
EXTENSION TO COMMENCE WORK
AMENDMENT TO CITY SECRETARY CONTRACT NO 35260
THIS Amendment to City Secretaiy Contract No. 35260, is for the extension of time to commence
worlc as described in Section 1.6 "Time to Start" (hereinafter "Extension") is hereby authorized and
agreed to by and between the City of Fort Worth ("City"), a home-rule municipality in the State of
Texas, acting through Libby Watson, its duly authorized Assistant City Manager, and BLG Northside
Development, L.P., hereinafter referred to as `Bor•rower".
WHEREAS, the City and Borrower entered into that certain Brownfields Cleanup Revolving Loan
Fund Agreement identified as City Secretary Contract No. 35260, (the "Contract") commencing on
May 2, 2007 made pursuant to the Comprehensive Environmental Response Compensation and
Liability Act ("CERCLA"), 42 USC 9601 et. seq., as amended and the related regulations found at
40 CFR Parts 31, 35 and 300 ("CERCLA Regulations") with Brownfields Clean-up Revolving Loan
Funds for the clean-up of approximately 33 acres of land in Fort Worth, Texas lcnown by and
through the Contract as the Property;
WHEREAS, the City entered into a Continuing Agreement with Cytec Industries, Inc., ("Cytec"),
the previous owners of the Property, known as City Secretary Contract No. 27252 which calls for the
cooperation and concui7•ence of Cytec with regard to remediation performed on the Property; and
WHEREAS, the City and Borrower are currently awaiting Cytec's review and comment on
Borrower's plans and related documents with regard to the design and implementation of the
proposed remedial measures related to the clean-up of the Property, and Cytec's approval of the
City's designated representative.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acicnowledged and
confessed, the parties hereto agree that the first sentence of Section 1.6 of the Contract shall be
deleted and replaced with the following:
"The time to commence cleanup of the Property shall be begin within ten (10) business days after the
date Cytec has given its written approval via email, letter or facsiinile to commence clean-up of the
Property, and Boi7•ower shall complete and perform all worlc on the Project within one (1) year of the
date that on-site cleanup activity is initiated by Borrower, in accordance with the RAP and Project
Schedule, unless the U. S. EPA determines that the cleanup may continue consistent with CERCLA
§ 104(c)(1) and the National Contingency Plan, 40 CFR §300.415(b)(5) and the Borrower submits
such determination in writing to the City."
First Amendment and E�tension to BCRLF Agreement
CRL 5.30.07v1
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Executed this� d y of � , 2007.
All other terms and conditions shall remain the same.
Signature Page-BCRFL Extension
CITY OF FORT WORTH BORROWER
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Libb Watson ��
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Assistant City Manager
proved as to Form
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Assistant ity Attorney
Attest:
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Marty Hendrix
City Secretary
NO �i�C R�QUIR�D
First Amendment and Extension to BCRLF Agreement
CRL 5.30.07v1
BLG Northside Development, L.P.
By: BLG Northside Properties, LLC,
its general partne
Carl W. Bell, President
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