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CITY SECRETARY
CONTRACT NO. L�j ff;?L
AMENDMENT NO. 2 TO
COMMUNITY FACILITIES AGREEMENT
This AMENDMENT NO. 2 TO COMMUNITY FACILITIES AGREEMENT
(`Amendment") is made and entered into by and between the CITY OF FORT
WORTH ("City"), a home rule municipal corporation organized under the laws of the
State of Texas, and S07 #I, L.P. ("Developer"), a Texas limited partnership.
RECITALS
A. The City and Developer have entered into that certain Economic and
Community Development Agreement (the "ECDA") pursuant to which Developer
constructed the first phase of a real property development generally known as "South of
Seventh", defined in the ECDA as the "Project". The first phase of the Project, defined
in the ECDA as "Phase I", includes, but is not limited to, the construction of twelve (12)
townhomes and site infrastructure for approximately forty-seven (47) additional
townhomes. The ECDA is a public document on file in the City Secretary's Office as
City Secretary Contract No. 31772, as amended.
B. As part of the Project, Developer has constructing a road (currently
identified as Museum Way) that will serve the townhomes and townhome sites developed
during Phase I of the Project (the "Initial Spine Road"), as more specifically outlined in
City Secretary Contract No. 29230, a Community Facilities Agreement between the City
and Developer, as amended by City Secretary Contract No. 32291 (collectively, the
"CFA").
C. Pursuant to and in accordance with the ECDA and Section I.H of the CFA,
the City has reimbursed Developer a portion of the cost of construction of the Initial
Spine Road, specifically $941,271.88 (the "Phase I Reimbursement").
D. The Project comprises the major portion of an area targeted for
redevelopment by means of a Transportation-Land Use Joint Venture Grant administered
by the Texas Department of Transportation. In return for the public purposes that will be
accomplished as a result of the Project, as outlined in the Recitals of the ECDA, and the
construction of the Initial Spine Road, the City now wishes to reimburse Developer for
expenditures made by Developer for engineering-related services required to provide
plans and specifications for pedestrian enhancements along the Initial Spine Road
acceptable to the Texas Department of Transportation, not to exceed $85,000.
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the City and Developer agree as follows:
7a7
Page 17 Amendment No.2 to Community Facilities Agreement Imi 6 �� ��l A,
between City of Fort Worth and S07#l,L.P.
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AGREEMENT
1. The City Council hereby finds, and the City and Developer hereby agree, that the
recitals set forth above are true and correct and form the basis upon which the City has
entered into this Amendment.
2. The CFA is hereby amended to add Article IV (Engineering Services), as follows:
In return for the public purposes that will be accomplished as a
result of the Project, as outlined in the Recitals of the ECDA, and the
construction of the Initial Spine Road, and notwithstanding anything to the
contrary in the ECDA, the City shall reimburse Developer for
engineering-related services required to provide plans and specifications
acceptable to the City and the Texas Department of Transportation for
pedestrian enhancements, including landscaping, sidewalks, crosswalks,
irrigation and other improvements mutually approved by the City and the
Texas Department of Transportation related to those community facilities
improvements depicted in Exhibits F, G, H, I, J, K, L and M of this
Agreement, in an amount not to exceed the lesser of(i) Developer's actual
expenditures for such engineering-related services or(ii) $85,000.00.
3. This Amendment contains the entire understanding and agreement between the
City and Developer as to the matters specifically contained herein. All terms and
conditions of the CFA that are not directly amended by this Amendment shall remain in
full force and effect. Capitalized terms used, but not defined, in this Amendment shall
have the meanings assigned to them by the CFA.
EXECUTED to take effect on the later date indicated below:
Approval Recommended:
Water Department Transportation and Public Works
Department:
B i v` B
Y• Y•
Frank Crumb, P.E. Robert Goode, P.E.
Director Director
Paget V9U�� �54y15 `.It�U
Amendment No.2 to Community Facilities Agreement
between City of Fort Worth and SO7#1,L.P.
CITY OF FORT WORTH: S07#19 L.P.,
a Texas limited artnership:
BY
le general partner
BY ,��'P��' z BY: 04
i1arc Ott Name:
% Assistant City Manager Title:
Zo
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: C-21800 10-24-06
Attested By,
Alarty Hendrix
City Secretor,
Page 3
� )wiae .
Amendment No.2 to Community Facilities Agreement CITY �111,28i RY
between City of Fort Worth and S07#l,L.P. FT. WORTH, TEX.
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/24/2006
DATE: Tuesday, October 24, 2006
LOG NAME: 30CFA AMEND REFERENCE NO.: C-21800
SUBJECT:
Authorize Amendment to Community Facilities Agreement with S07 No.1, L.P.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an amendment to the
Community Facilities Agreement with S07 No.1, L.P. (DevelopeF) regarding the South of Seventh
development project allowing reimbursement to Developer in the amount of $85,000 for engineering
services provided for the project.
DISCUSSION:
On January 28, 2003, the City Council approved (M&C C-19454) authorizing the City Manager to execute a
Community Facility Agreement (CFA) (City Secretary Contract No. 29230; as previously amended by City
Secretary Contract No. 32291) for the development of the South of Seventh project (the Project). The CFA
provided for street construction (Museum Way) and other related improvements including irrigation,
landscaping, crosswalks and sidewalks.
In addition to the CFA, on January 28, 2003, (M&C C-19455) the City Council approved execution of a
Transportation-Land Use Joint Venture Grant Agreement with the State of Texas Department of
Transportation (TxDOT) qualifying the use of the Project and surrounding area for the Transportation-Land
Use Joint Venture Program (Grant). A portion of the grant provided for the Project landscape
amenities. City funds were used to cover all other aspects of the project under the CFA. Total City
participation in the Project under the CFA to date is $941,271.88.
Engineering plans were developed for the landscape amenities to TxDOT standards but because the firm
performing the engineering was not selected using a competitive selection process, its services were not
eligible for reimbursement under the Grant. However, the North Central Texas Council of Governments has
agreed to provide equivalent funds for another City overmatched grant project in the amount of $85,000
which would offset the cost of the engineering services.
City staff is recommending that the CFA be amended to allow the City to reimburse developer $85,000 for
engineering services provided for the landscape improvements.
The South of Seventh development project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007
Page 2 of 2
C116 531200 020116136360 $85,000.00
Submitted for City Manager's Office bT. Marc A. Ott (8476)
Originating Department Head: A. Douglas Rademaker(6157)
Additional Information Contact: Rick Trice (7959)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/25/2007