HomeMy WebLinkAboutContract 32205 CITY SECRETARY
CONTRACT NO.
FIRST AMENDMENT
TO THE
ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND WALSH RANCHES LIMITED PARTNERSHIP,
THE WALSH CHILDREN'S TRUSTS,
THE WALSH GRANDCHILDREN'S TRUSTS,
AND F. HOWARD WALSH,JR.,
FOR WALSH RANCH
This First Amendment (the "Amendment") to the Economic Development
Agr ment for Walsh Ranch (the "Agreement") is made as of the day of
2005, by the CITY OF FORT WORTH, TEXAS ("City")
and WAIISH RANCHES LIMITED PARTNERSHIP, a Texas limited partnership
("WRLP"), THE WALSH CHILDREN'S TRUSTS (as defined on Schedule IA
attached to the Agreement) (the "C-Trusts"), THE WALSH GRANDCHILDREN'S
TRUSTS (as defined on Schedule 113 attached to the Agreement) (the "G-Trusts"), and
F. HOWARD WALSH, JR. ("FHWJr.") (WRLP, the C-Trusts, the G-Trusts, and
FHWJr.,being collectively referred to herein as "Owner").
WHEREAS, on May 6, 2005, the City and Owner entered into the Agreement
(City Secretary Contract No. 28585), for the development of approximately 7,207 acres
of land in the City's extraterritorial jurisdiction known as the Walsh Ranch;
WHEREAS, the parties now desire to amend the Agreement to extend the
deadlines for construction of certain of the Phase I Water Facilities and the Phase 1C
Sewer Facilities;
NOW, THEREFORE, the parties, for good and valuable consideration and the
mutual covenants and agreements contained herein, do mutually covenant and agree that
City Secretary Contract No. 28585 is amended by amending paragraphs 3(h) and 30) to
read as follows:
1.
Paragraph 3(h), "Phase 1 Water Facilities", "Schedule", is amended to extend the
deadline for the City's construction of the 2.5 million gallon Westside IV Elevated
Storage Tank and to provide for construction of a 63,000 gallon standpipe to serve the
projected first-year population in the interim, to read as follows:
08-10-05P02 : 05 RCVD
"'' � Hilo
FACILITY SCHEDULE
"Phase I Water Facilities" Design and easement acquisition
(water line from Westland Ground to be complete on or before
Storage Tank to Westside IV eighteen(18)months after the
Elevated Tank Site; includes date hereof.
Westside IV Elevated Storage and
Pump Station) Construction of 63,000 gallon
standpipe to serve projected first-
year population to be complete
on or before May 6, 2006.
Construction of 2.5 million
gallon Westside IV Elevated
Storage Tank to be complete on
or before November 20, 2006.
Construction of all other Phase I
Water Facilities to be complete
prior to the earlier to occur of(i)
May 6, 2006 or(ii) eighteen(18)
months after completion of the
design and easement acquisition
phase described above.
2.
Paragraph 30), "Phase IA, 113, 1C and 1D Sewer Facilities", "Schedule", is amended
to extend the deadline for the City's construction of the Phase 1 C sewer line, to read as
follows:
FACILITY SCHEDULE
1. "Phase IA I13IC and ID Sewer Design and easement acquisition
Facilities" (as shown and identified to be complete on or before eighteen
on the City Sewer Plan; Phase IC (18)months after the date hereof.
line shall be limited to 10,000 linear
feet) Construction of the Phase 1 C Sewer
line to be complete within nine(9)
months after receipt of w r i .
l7\: lJ
2 �
notice from Owner, which notice
will not be given before January 15,
2006. Construction of the Phase
1 A, 1 B and I D Sewer Facilities to
be complete on or before the earlier
to occur of(i) May 6, 2006 or(ii)
eighteen(18)months after
completion of the design and
easement acquisition phase
described above.
3.
All terms and conditions of City Secretary Contract No. 28585 that are not
expressly amended herein shall remain in full force and effect.
Executed as of the day and year first above written.
ATTEST: CITY OF FORT WORTH
a Texas municipal corporation
\ B
Marty Hendr& Marc s istant City
City Secretary Manager
O.—acEl, U
Contract Authorization
APPROVED AS TO FORM AND ® L n _
LEGALITY /' &M" 01
Date
Assistant City Attorney
111. Pik
3 GNU
In r, gr�n
OWNER:
WALSH RANCHES
LIMITED PARTNERSHIP,
a Texas limited partnership
By: Walsh North Star Company,
a Texas corporation, General Partner
By:'
G. Malcolm Loud bff,`Pr4kde—nt
F. HOWARD WAIAH,JR.
G. MALCOLM'UOUDEN, in his
capacity as agent and authorized
representative of JPMORGAN
CHASE BANK,in its capacity as
trustee of
THE AMY SUZANNE WALSH
1972 TRUST
THE ELLEN KING WALSH 1972
TRUST
THE ALLISON KAREN WALSH
1972 TRUST
THE TARA WINSTON WALSH
1972 TRUST
THE F. HOWARD WALSH, III
1972 TRUST
G. MALCOLM LdfJrDEN, in his
capacity as agent and authorized
representative of BANC ONE N.A.,
in its capacity as trustee of
THE HOLLAND FLEMING
WALSH 1972 TRUST
4
THE RICHARD FLEMING
WALSH 1972 TRUST
THE MAUDI EUDORE WALSH
ROE 1972 TRUST
THE GEORGE HOWARD
PORTER 1972 TRUST
THE MICHAEL CLINTON
PORTER 1972 TRUST
THE PARKER OTWELL ROE
1972 TRUST
G. MALCOLM Ld"EN, in his
capacity as agent and authorized
representative of FROST
NATIONAL BANK, in its capacity
as trustee of
'THE DIANN ELISABETH
WALSH BONNELL 1972 TRUST
THE WILLIAM LLOYD WALSH
1972 TRUST
THE WILLIAM FREDERIC
BONNELL,JR. 1972 TRUST
THE LAURA ELISABETH
BONNELL 1972 TRUST
THE JONATHAN RICHARD
BONNELL 1972 TRUST
THE KAREN LINDSEY WALSH
1972 TRUST
THE CATHERINE L. WALSH
1972 TRUST
THE MARY ERIN WALSH 1972
TRUST
DD
5 -RblrlpH!�,Q�V
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared Al,
2),c- - Assistant City Manager of the
City of Fort Worth, known tome as the person whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of such person
and that he executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this qday of
A
PJ 177 12005,
ee
HETTIE LANE Notary Public in and for the State of
MY CcIWISSION EXPIRES. My commission expires:
JUIY 26,2007
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared G. Malcolm Louden, President of Walsh North Star Company, a
Texas corporation, General Partner to Walsh Ranches Limited Partnership, a Texas
limited partnership, known to me as the person whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of such person
and that he executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, thisz day of
' 2005.
y NANCY DOSS
Notary Public in for the State of
Notary Pubilc My commissioniZxpires:
STATE OF TEXAS
OMF MY Comm.Up.04/02/2009
6 CAN
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared F. Howard Walsh, Jr., known to me as the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act
of such person and that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN tER MY HAND AND SEAL OF OFFICE, this day of
, 2005.
N CY DOSS /0 a.a-,�
Notary Public Notary Public in a6 for the State of
STATE OF TEXAS My commission spires:
OF My Comm.Up.04102/2009
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared G. Malcolm Louden, in his capacity as agent and authorized
representative of JPMORGAN CHASE BANK, in its capacity as trustee of THE AMY
SUZANNE WALSH 1972 TRUST, THE ELLEN KING WALSH 1972 TRUST, THE
ALLISON KAREN WALSH 1972 TRUST, THE TARA WINSTON WALSH 1972
TRUST, and THE F. HOWARD WALSH, 1111972 TRUST, known to me as the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of such person and that he executed the same for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN rUNDER MY HAND AND SEAL OF OFFICE, thise-- djttday of
2005.
NANCY DOSS Notary Public iVdnd for the State of
NotaryPublic
T My commissioYexpires:
STATE OF TEXAS
OMF My Cwn.Exp.04/0/o2/f
20]09
7
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared G. Malcolm Louden, in his capacity as agent and authorized
representative of BANC ONE N.A., in its capacity as trustee of THE HOLLAND
FLEMING WALSH 1972 TRUST, THE RICHARD FLEMING WALSH 1972 TRUST,
THE MAUDI EUDORE WALSH ROE 1972 TRUST, THE GEORGE HOWARD
PORTER 1972 TRUST, THE MICHAEL CLINTON PORTER 1972 TRUST, and THE
PARKER OTWELL ROE 1972 TRUST, known to me as the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act
of such person and that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein stated.
G UNDER MY HAND AND SEAL OF OFFICE, this,,—
—W)tZday of
22005.
NANCY D05Z5
Notary Public
STATE OF TEXAS
Notary Public in d for the State of
OF My Comm.Exp,04/02/2009 My commission xpires:
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned Notary Public in and for said county and state, on this day
personally appeared G. Malcolm Louden, in his capacity as agent and authorized
representative of FROST NATIONAL BANK, in its capacity as trustee of THE D'ANN
ELISABETH WALSH BONNELL 1972 TRUST, THE WILLIAM LLOYD WALSH
1972 TRUST, THE WILLIAM FREDERIC BONNELL, JR. 1972 TRUST, THE
LAURA ELISABETH BONNELL 1972 TRUST, THE JONATHAN RICHARD
BONNELL 1972 TRUST, THE KAREN LINDSEY WALSH 1972 TRUST, THE
CATHERINE L. WALSH 1972 TRUST, and THE MARY ERIN WALSH 1972 TRUST,
known to me as the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of such person and that he executed the
same for the purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN i�DER MY HAND AND SEAL OF OFFICE, thiS6�0" . day of
Ldr2005.
NANCY DOSS Notary Public in//d for the State of
Notary Public My commission66xpires:
STATE OF TEXAS
OF My Comm.Exp,04/02/2009 O)MCIAL ROD
I'-,
CRY NUMUff
DR.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/26/2005
DATE: Tuesday, July 26, 2005
LOG NAME: 60WALSH REFERENCE NO.: **C-20876
SUBJECT:
Authorize Execution of First Amendment to Economic Development Agreement between the City of
Fort Worth and Walsh Ranches Limited Partnership, the Walsh Children's Trust, the Walsh
Grandchildren's Trusts and F. Howard Walsh, Jr.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to the
Economic Development Agreement between the City of Fort Worth and Walsh Ranches Limited
Partnership, the Walsh Children's Trust, the Walsh, Grandchildren's Trusts and F. Howard Walsh, Jr. for the
Walsh Ranch to extend deadlines for construction
ruction of certain water and wastewater facilities.
DISCUSSION:
On April 29, 2003, (M & C C-19566) the City Council approved the Economic Development Agreement (the
"Agreement") for the Walsh Ranch (City Secretary Contract No. 28585). The Agreement governs
development of the Walsh Ranch, including construction of water and wastewater facilities.
The parties wish to extend the deadlines for design and construction of certain water and wastewater
facilities. The extended deadlines will allow the City to phase in construction of the infrastructure to more
closely track the development schedule for the property. Approval of this Mayor and Council
Communication will authorize amendment of the Agreement to extend the May 6, 2006 deadline for
constructing a water tank and a portion of a sewer line, as follows:
Section 3(h) (Phase I Water Facilities): Construction of a 63,000 gallon standpipe to serve the projected
first-year population to be complete by May 6, 2006. Construction of the 2.5 million gallon Westside IV
Elevated Storage Tank to be complete on, or before, November 20, 2006.
Section 3(j) (Phase IA, 113, IC and ID Sewer Facilities): Construction of the Phase 1C sewer line to be
complete within nine months after receipt of written notice from a Walsh Ranch representative, which notice
will not be given before January 15, 2006.
All other deadlines relating to Phase I Water Facilities and Phase IA, IB and ID Sewer Facilities as set out in
the Agreement will be unchanged.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action does not require the expenditure of City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office W.
Marc Ott (8476)
Originating Department Head: S. Frank Crumb (Acting) (8207)
Additional Information Contact: S. Frank Crumb (Acting)(8207)