HomeMy WebLinkAboutContract 51988-A1 12/16/2019
3:28 PM CSC No.51988-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND DRH—HWY 114, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988
("First Amendment") is made and entered into by and between the City of Fort Worth, a home-
rule municipal corporation of the State of Texas ("City), and DRH—HWY 114,LLC a Delaware
limited liability company authorized to conduct business in the state of Texas (Developer).
WHEREAS,the City and Forestar(USA)Real Estate Group Inc. ("Forestar") entered into
a Community Facilities Agreement for the construction of public infrastructure improvements for
a project generally described as Brookfield Off-Site Sanitary Sewer, City Project Number 101478
("CFA"); and
WHEREAS, the City, Forestar and Developer executed a Consent to Assignment, City
Secretary Contract Number 51988-CA1, whereby Forestar assigned the CFA to Developer; and
WHEREAS,the City and Developer have determined that the amount of Developer's Cost
and City Participation in the original CFA was incorrect;
WHEREAS, City and Developer desire to amend the CFA to correct the Cost Summary
Table;
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. 51988:
1.
The fifth recital of the CFA is amended to read as follows:
WHEREAS, The City's cost participation shall be in an amount not to exceed
$662,998.00 ("Participation"); and
2.
The Cost Summary Table is amended to be and read as set forth in Exhibit A of this First
Amendment
3.
a. All other provisions of the CFA,which are not expressly amended herein, shall remain
in full force and effect.
EFT
CIAL RECORD
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 AWETARY
A COMMUNITY FACILITIES AGREEMENT BETWEEN WORTH,TX
THE CITY OF FORT WORTH AND DRH-HWY 114,LLC
b. All terms in this First Amendment that are capitalized, but not defined, shall have the
meanings ascribed to those terms in the CFA.
IN TESTIMONY WHEREOF, the City and Developer have executed this First
Amendment by their duly authorized representatives to be effective on the date signed by the City's
Interim Assistant City Manager.
CITY OF FORT WORTH DEVELOPER
DRH—HWY 114,LLC,
v�u� 1 L11—el a Delaware limited liability company
Dana Burghdoff(° c 10,201 ,, By: D.R. Horton—Texas,Ltd.,
Dana Burghdoff a Texas limited partnership, its sole member
Interim Assistant City Manager By: Meadows I,Ltd.,
Dec 10,2019 a Delaware corporation, its general partner
Date:
Benjamin
Recommended by: M C[a,k,De,9.201T
Name: Benjamin M. Clark
euciyn icober�s Title: Assistant Vice President
Evelyn Roberts(Dec 9,2019)
Evelyn Roberts Date: Dec 9, 2019
Contract Compliance Specialist
Planning and Development
ATTEST: (Only if required by Developer)
Approved as to Form &'Legality:
lcua .c r.
Richard A.McCracken(Dec 10,2019) Name:
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date:
Form 1295: Contract Compliance Manager:
By signing, I acknowledge that I am the
person res onsible for the monitoring and
ATTEST: ` administra 'on of this contract, including all
performan a and reporting requirements.
!Dec 16,2019)
Je fifer zernackonhehalfofJanieMorales(Dec9,2019)
Mary J. Kayser '
City Secretary Janie Scarlett Morales
Development Manager PFTWORTH,
L RECORD
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 3TAR�
A COMMUNITY FACILITIES AGREEMENT BETWEEN `_:T TX
THE CITY OF FORT WORTH AND DRH—HWY 114,LLC
EXHIBIT A
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction $ - $ - $ -
2.Sewer Construction $ 3,957,190.00 $ 662,998.00 $ 4,620,188.00
Water and Sewer Construction Total $ 3,957,190.00 $ 662,998.00 $ 4,620,188.00
B. TPW Construction
1.Street $ $ - $ -
2.Storm Drain $ $ $ -
3.Street Lights Installed by Developer $ $ - $ -
4. Signals $ $ - $ -
TPW Construction Cost Total $ - $ - $ -
Total Construction Cost(excluding the fees): $ 3,957,190.00 $ 662,998.00 $ 4,620,188.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 79,143.80 $ 13,259.96 $ 92,403.76
D. Water/Sewer Material Testing Fee(2%) $ 79,143.80 $ 13,259.96 $ 92,403.76
Sub-Total for Water Construction Fees $ 158,287.60 $ 26,519.92 $ 184,807.52
E. TPW Inspection Fee(4%) $ - $ - $ -
F. TPW Material Testing(2%) $ - $ - $ -
G. Street Light Inspsection Cost $ - $ - $ -
H. Signals Inspection Cost $ - $ - $ -
J.Civil/Geotechnical Engineering&Survey(20%) $ - $ -
TPW Construction Fees Subtotal $ - $ - $ -
Total Construction Fees $ 158,287.60 $ 26,519.92 $ 184,807.52
TOTAL PROJECT COST $ 4,115,477.60 $ 689,517.92 $ 4,804,995.52
Financial Guarantee Options,choose one Amount Choice
(Marl.one)
Bond=100% $ 4,650,000.00 x
Completion Agreement=100%/Holds Plat
Cash Escrow Water/Sanitary Sewer=125%
Cash Escrow Paving/Storm Drain=125%
Letter of Credit=125%w/2yr expiration period
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51988 Page 3 of 3
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND DRH—HWY 114,LLC