HomeMy WebLinkAboutContract 46381-T1 Jan 15,2020
CSC No.46381-T1
7:58 AM
TERMINATION OF CITY SECRETARY CONTRACT NO. 46381
A COMMUNITY FACILITIES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
M& C DEVELOPMENT,LTD.
This TERMINATION OF CITY SECRETARY CONTRACT NUMBER 46381
("Termination"), is made and entered into by and between the City of Fort Worth ("City"), a
home-rule municipal corporation of the State of Texas, acting by and through its duly authorized
Interim Assistant City Manager, M & C Development, Ltd. ("Developer"), a Texas limited
partnership, acting by and through its duly authorized representative, and Webber, LLC
("Contractor"), a Texas limited liability company, acting by and through its duly authorized
representative.
WHEREAS, City and Developer entered into a Community Facilities Agreement for the
construction of public infrastructure in the form of sidewalk improvements, City Secretary
Contract Number 46381 ("CFA"); and
WHEREAS,Developer retained Contractor to construct the improvements required by the
CFA; and
WHEREAS, after execution of the CFA, Developer elected to construct the sidewalk
improvements in connection with a separate Community Facilities Agreement, City Secretary
Contract Number 46892; and
WHEREAS, City, Developer and Contractor desire to execute this Termination to
terminate the CFA, release the Developer's financial guarantee, and provide City with a lien
release from Contractor;
NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged, City, Developer and Contractor agree as follows:
1.
The Recitals are true and correct and are incorporated herein by reference.
2.
City Secretary Contract Number 46381 is hereby terminated in its entirety.
3.
Upon execution of this Termination, City will process a refund of Developer's financial
guarantee for the CFA.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
TERMINATION OF CITY SECRETARY CONTRACT NO.46381 Page 1 of 2
A COMMUNITY FACILITIES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND M&C DEVELOPMENT,LTD.
4.
By executing this Termination,Contractor certifies that Contractor has been paid in full by
Developer for construction of the sidewalk improvements pursuant to City Secretary Contract
Number 46892 and Contractor has paid all subcontractors and material suppliers for the
construction of the sidewalk improvements. Contractor waives all claims against the City for
construction of the sidewalk improvements contained in City Secretary Contract Numbers 46381
and 46892.
IN WITNESS WHEREOF, the undersigned have executed this Termination to be
effective on the date signed by the City's Interim Assistant City Manager.
CITY OF FORT WORTH
DEVELOPER
y1 `j EY hd M&C Development,Ltd.
Dana BurKhdo�20z A Texas Limited Partnership
Dana Burghdoff By Its General Partner:
Interim Assistant City Manager Harrison Realty Investments,LLC
Date:Jan 14, 2020
By:
John Cockerham(Jan 13,2020)
Recommended by: John Cockerham
President
Jen er rnack on behalf of Janie Morales(Jan 13,2020) Jan 13 2020
Janie Scarlett Morales Date:
Planning Manager
CONTRACTOR
APPROVED AS TO FORM AND LEGALITY: Webber,LLC
77 / _ Josh Go ri
Richard A.McCracken(Jan 13,2020) Josh Goyne(Jan 13, 020)
Richard A.McCracken Josh Goyne
Sr.Assistant City Attorney President
M&C:N/A OR Date:
Jan 13, 2020
Form 1295:N/A moo,..• •••.,•�
'• '••C) Contract Compliance Manager:
ATTEST: V •�o By signing I acknowledge that I am the person
9�[ responsible for the monitoring and administration
Maly T. �� sy or #z� of this contract, including ensuring all
Mary J.Kayser(Jan 14,2020) performance and reporting requirements.
Mary J.Kayser
City Secretary �-- ,•.Y..,.. ,.
Evelyn Robe (Jan 13,2020)
Evelyn Robert
Contract Compliance Specialist
FOFFICIAL RECORD
TERMINATION OF CITY SECRETARY CONTRACT NO.46381 zap
A COMMUNITY FACILITIES AGREEMENT ftETARY
BETWEEN THE CITY OF FORT WORTH AND M&C DEVELOPMENT,L7 FT. WORTH,TX