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HomeMy WebLinkAboutContract 51902-A1 10/11/19 4:42 PM CITY SECRETARY CONTRACT NO. 51902-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51902 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BLOOMFIELD HOMES,L.P. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51902 ("First Amendment"),is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the state of Texas, and Bloomfield Homes, L.P. ("Developer"), a Texas limited partnership. WHEREAS, City and Developer entered into a Community Facilities Agreement by which Developer is constructing certain public infrastructure Improvements for a Project described as Rosemary Ridge Addition Phase 4 ("CFA"); and WHEREAS, Developer provided a completion agreements as the financial guarantee for the CFA("Completion Agreement"); and WHEREAS, the CFA and the Completion Agreement are on file with the City Secretary as City Secretary Contract Number 51902; and WHEREAS,Developer has constructed a portion of the Community Facilities required by the CFA; and WHEREAS, Developer has requested to replace the Completion Agreement with a cash escrow as the financial guarantee for the remaining Community Facilities that Developer will construct pursuant to the CFA; 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. 51902: 1. City Secretary Contract No. 51902 is hereby amended to add Section S. to the CFA to be and read as follows: S. Developer and City agree that Developer may replace the Completion Agreement with a Cash Escrow in the amount of$ 70,448.01 as the financial guarantee for the remaining Community Facilities to be constructed pursuant to the CFA,which amount equals one hundred twenty-five percent of the remaining Community Facilities to be constructed by Developer. Contemporaneous with delivery of this First Amendment being executed by Developer and delivered to City, Developer shall deliver the Cash Escro OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment Number 1 to City Secretary Contract No.51902 Page 1 of 3 FT. WORTH,TX City. 2. Upon execution of this First Amendment, City agrees to release the hold on the final plat related to the CFA described in Section 6 of the Completion Agreement. City and Developer agree that there may be other holds on the final plat not related to the CFA that must be cleared by Developer before the final plat can be filed. 3. a. All other provisions of the City Secretary Contract Number 51902,which are not expressly amended herein, shall remain in fall force and effect. b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in City Secretary Contract Number 51902. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas Amendment Number 1 to City Secretary Contract No. 51902 Page 2 of 3 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on the date signed by the City's Interim Assistant City Manager. CITY OF FORT WORTH DEVELOPER Bloomfield Homes, L.P. yarr.� ou��i�eLG Dana 9urghdoff(Oct 10,20 bosra%r% bu�sEr� Dana Burghdoff Donald J Dykstra(0 9,2019) Interim Assistant City Manager Name: Donald J. Dykstra Title: President Date: Date: Oct 9, 2019 Recommended by: c /-' U. -A ATTEST: (Only if required by Developer) Evelyn Robe s(Oct 9,2019) Evelyn Roberts/Jennifer Ezemack Project Assistant Planning and Development Name: Approved as to Form &Legality: icichrard A T vCraGikBr1 Contract Compliance Manager: Richard A.McCracken(Oct 10,2019) By signing, I acknowledge that I am the Richard A. McCracken person responsible for the monitoring and Sr. Assistant City Attorney administration of this contract, including all M&C No. N/A performance and reporting requirements. Date: 9 Form 12" 5: N/A ennif en�a akon behal(of Janie Morale(Oct 9,1019 ATTEST; Name: Janie Scarlett Morales Title: Development Manager Mary Kayser(Oct 11,2019 Mary J. Kayser 2 City Secretary OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FL WORTH,TX Amendment Number I to City Secretary Contract No. 51902 Page 3 of 3