HomeMy WebLinkAboutContract 51458-A1 01/22/2020
CSC No.51458-A1
12:33 pm
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51458
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH
.AND MERITAGE HOMES OF TEXAS, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
51458 ("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 Meritage Homes of
Texas,LLC ("Developer), an Arizona limited liability company.
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project know as Western Ridge
("CFA"); and
WHEREAS, Developer provided a Completion Agreement as the financial guarantee
for the Project ("Completion Agreement"); and
WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary
as City Secretary Contract Number 51458; and
WHEREAS, Developer desires to replace the Completion Agreement with a
development bond as the financial guarantee for remaining Improvements to be constructed
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. 5 145 8:
1.
The CFA is amended to add Section S. to be and read as follows:
S. Developer has delivered to the City a Development Bond in the amount of
$226,635.18, guaranteeing Developer's obligation to complete construction of the
remaining Improvements and pay all contractors and material suppliers. City and
Developer agree that the Developer may replace the Completion Agreement with
the Development Bond as the financial guarantee for the remaining Improvements.
2.
The Completion Agreement is terminated and the City will release the hold on the final
plat related to the construction of the Community Facilities.
3.
a. All other provisions of City Secretary Contract Number 51458 which are not expressly
City of Fort Worth, Texas OFFICIAL RECORD
CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 51458
Page 1 of 2 FT. WORTH,TX
amended herein, shall remain in full 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 5 145 8.
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
Meritage Homes of Texas, LLC
Dana Burghdoff(Jan 20,20g�f 661 a
Dana Burghdoff David Aughinb gh;Jan 16,2020)
Interim Assistant City Manager Name: David Aughinbaugh
Title: Vice President of Land Development
Date: Jan 20,2020
Date: Jan 16,2020
Recommended by:
` l ldc,
Evelyn Robe (Jan 16,2020)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
Achrard A. N1ocracxen
Richard A McCracken(Jan 16,2020)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N(A Contract Compliance Manager:
Date: By signing, I acknowledge that I am the
Form 1295: N/A person responsible for the monitoring and
'= administration of this contract, including all
ATTEST: � performance and reporting requirements.
U. Jen�r tArnackehalf of Janie Morales(Jan 16,2020)
/YlFN N 9, L�/" *�
Ma—�_er(Jan 22,2020l Name: Janie Scarlett Morales
Mary J. Kayser •'' r`
City Secretary T (R� Title: Development Manager
t- s
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary.Contract No.51458 q
FT.
Page 2 of 2 WORTH,T R