HomeMy WebLinkAboutContract 52644-CA1 08/14/19
9:00 AM
CITY SECRETARY CONTRACT NO. 52644-CAI
CONSENT TO ASSIGNMENT OF
COMMUNITY FACILITIES AGREEMENT
(CITY SECRETARY CONTRACT NO.52644
This CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES
AGREEMENT (CITY SECRETARY CONTRACT NO. 52644 ) ("Consent") is
made and entered into by and between the CITY OF FORT WORTH, a home rule municipal
corporation organized under the laws of the State of Texas ("City"), AMCAL EQUITIES,
LLC,a Texas limited liability company("Assignor"), and AMCAL ALLIANCE,LP, a Texas
limited partnership ("Assignee").
The following recitals are true and correct and form the basis of this Consent:
WHEREAS,,the City Assignor entered into that certain Community Facilities Agreement
on file in the City Secretary's Office as City Secretary Contract No. 52644 ("CFA"). Under the
CFA, Assignor (defined as "Developer" for purpose of the CFA) agreed to construct certain
specific public infrastructure("Improvements") in connection with project known as Beach Street
Extension&Roundabout(City Project Number 102083); and
WHEREAS,Assignor is the general partner of Assignee; and
WHEREAS,Assignor desires to assign all right,title and interest in the CFA to Assignee;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Developer by the CFA effective upon execution of this Consent by the
City's Assistant City Manager("Effective Date").
2. The City consents to such assignment expressly upon the promise and covenant by
Assignee, and Assignee promises and covenants to the City, that Assignee will comply
with and assume all duties and obligations of Developer set forth in the CFA.
3. Notwithstanding anything to the contrary herein, Assignee understands and agrees that no
act or omission of Assignor, whether before or after the Effective Date, will serve to
mitigate any event of default set forth in the CFA, or limit or modify City's ability to
terminate the CFA.
4. By executing this Consent, the City does not ratify or endorse any agreement or
representation between Assignor and Assignee; grant Assignee any rights greater than
those granted to Developer under the CFA; or consent to any amendment to the CFA.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Consent to Assignment of CFA—CPN 102083
Page 1 of 4 FT.WORTH,TX
6. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the CFA.
7. The CFA is in full force and effect and has not been modified, supplemented, or amended
in any way unless specifically set forth herein.
7. On and after the Effective Date, all notice which is rewired or desired to be sent to
Developer under the CFA shall be delivered to the following:
AMCAL Alliance LP
30141 Agoura Rd. Suite 100
Agoura Hills , CA 91301
[SIGNATURE PAGES FOLLOW]
1
OFFICIAL RECORD
CITE'SECRETARY
City of Fort Worth,Texas ��, ���
Consent to Assignment of CFA—CPN 102083 s
TX
Page 2 of 4 —n
IN WITNESS WHEREOF,the undersigned have caused this Consent to be executed on
the dates indicated below:
The City:
CITY OF FORT WORTH Contract Compliance Manager:
By signing, I acknowledge that I am the
Person responsible for the monitoring and
Dana Burghdoff(Aug 12,20 administration of this contract, including all
Dana Burghdoff performance and reporting requirements.
Interim Assistant City Manager n�--
Date: Aug 12,2019 Jennifer Ezernack in behalf of Janie Morales(Aug 9,2019)
Janie S. Morales
Development Manager
Recommended by: '
t\r� ATTEST: `
Evelyn Robe (Aug9,2019)
Evelyn Roberts �Yl/�� 0 '� • •Imo•+Project Assistant Z
Mary J. Kayser
:-
City SecretaryAS r
Approved as to Form &Legality:
)?10hard A'. NGCr'acXon
Richard A.McCracken(Aug 11,2019)
Richard A. McCracken
Assistant City Attorney
No M&C Required
Form 1295: N/A
OFF10AL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT WORTH, TX
Consent to Assignment of CFA-CPN 102083
Page 3 of 4
Assignor:
AMCAL Equities,LLC
A Texas limited liability company:
PeYcIrrtG lYklz
Percival Vaz(Aug 9,2019)
Name: Percival Vaz
Title: President
Date: AU g % 2019
Assignee:
AMCAL Alliance,LP
A Texas limited partnership
Pe�ccrr�G Y�z
Percival Vaz(Aug 9,2019)
Name: Percival Vaz
Title: President
Date: Aug 9,2019
O
FFICIALCORD
City of Fort Worth,Texas CITYTARY
Consent to Assignment of CFA—CPN 102083
Page 4 of 4 TX