HomeMy WebLinkAboutContract 53193-CA1 02/27/20
9:03 AM
CITY SECRETARY CONTRACT NO. 53193-CAI
CONSENT TO ASSIGNMENT OF
COMMUNITY FACILITIES AGREEMENT
(CITY SECRETARY CONTRACT NO. 53193)
This CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES
AGREEMENT (CITY SECRETARY CONTRACT NO. 53193) ("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"), CABELA'S
WHOLESALE, LLC, a Nebraska limited liability company ("Assignor"), and CIGARS
INTERNATIONAL TEXAS, LLC, a Texas limited liability company ("Assignee").
The following recitals are true and correct and form the basis of this Consent:
WHEREAS, on December 10, 2019, the City and Cabela's Wholesale, LLC entered into
that certain Community Facilities Agreement on file in the City Secretary's Office as City
Secretary Contract No. 53193 ("CFA"). Under the CFA, Cabela's Wholesale, LLC (defined as
"Developer" for purpose of the CFA) agreed to construct certain specific public infrastructure
("Improvements") in connection with the development of Lot 2R, Block 1, Cabela Addition, an
addition to the City of Fort Worth, Tarrant County, Texas ("Property"); and
WHEREAS, Assignor has sold the Property to Assignee and desires to assign all of
Assignor's duties, obligations, rights,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 the date of execution of this
Consent ("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. Notwithstanding anything to the contrary herein, Assignee represents and warrants to the
City that Assignee has made a thorough inspection of the Property and that Assignee
understands and agrees that on and after the Effective Date, Assignee shall be responsible
OFFICIAL RECORD
CONSENT TO ASSIGNMENT OF ftff§ tETARY
COMMUNITY FACILITIES AGREEMENT
CITY SECRETARY CONTRACT NO.53193 FT WORTH,TX
for ensuring that the condition of the Property is in compliance with all applicable laws,
including environmental regulations.
5. 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.
6. Contemporaneous with the execution of this Consent by Assignee and the City, Assignee
shall deliver to the City an acceptable financial guarantee in the form of Letter of Credit in
the amount of$71,063.75 guaranteeing Assignee will construct the Improvements in the
CFA and pay all cost of labor, materials and equipment furnished in construction of the
Improvements under the CFA.
7. Assignor, Assignee and City agree, that upon delivery of the financial guarantee by
Assignee to the City and execution of this Consent by the City, the City shall, within 30
days, refund, return, or release Assignor's financial guarantee that was provided by
Assignor to the City in connection with the CFA
8. Assignor, Assignee and City agree that the estimated material testing and inspection fees
in the amount of$2,274.04 that Assignor paid to the City in connection with the CFA shall
become the property of Assignee and shall remain on deposit with the City as Assignee's
payment of estimated material testing and inspection fees required by the City. After
construction of the Improvements in the CFA has been completed and the Improvements
have been accepted by the City, any refund owned by the City for material testing fees and
inspection fees shall be paid to Assignee by the City and any shortage of material testing
and inspection fees shall be paid by Assignee to the City.
9. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the CFA.
10. The CFA is in full force and effect and has not been modified, supplemented, or amended
in any way unless specifically set forth herein.
11. On and after the Effective Date, all notice which is required or desired to be sent to
Developer under the CFA shall be delivered to the following:
Mathew J. Cook
Secretary Cl Texas LLC
1911 Spillman Dr
Bethlehem, PA 18015
[SIGNATURES ON FOLLOWING PAGES]
CONSENT TO ASSIGNMENT OF Page 2 of 4
COMMUNITY FACILITIES AGREEMENT
CITY SECRETARY CONTRACT NO.53193
IN WITNESS WHEREOF, the undersigned have caused this Consent to be executed in
multiples, to be effective on the date signed by the City's Assistant City Manager.
The City: C11
CITY OF FORT WORTH ATTEST:
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4411
Dana Burghdoff(Peb 26,201M MaryJ. r(Fe ,2020) f
Dana Burghdoff Mary J. ayser ...
Assistant City Manager City Secretary
Date: Feb 26,2020
Contract Compliance Manager
By signing, I acknowledge that I am the
Recommended by: person responsible for the monitoring
and administration of this contract,
�1 including all performance and reporting
Evelyn Robe 5(Feb 26,2020) requirements.
Evelyn Roberts
Project Assistant
Laurie Lewis(Feb 26,2020)
Approved as to Form &Legality: _ Janie Scarlet Morales
Development Manager
Richard A.McCracken(Feb 26,2020)
Richard A. McCracken
Assistant City Attorney
No M&C Required
Form 1295: N/A
FOFFICIAL RED(1�4ECRETS,,;`tCONSENT TO ASSIGNMENT OF ARTH,
COMMUNITY FACILITIES AGREEMENT ...... ---
CITY SECRETARY CONTRACT NO.53193
Assignor:
CABELA'S WHOLESALE,LLC
K&
Kevin Maliszewski(Feb 26,2020)
Name: Kevin A. Maliszewski
Title: Chief Financial Officer
Date: Feb 26,2020
Assignee:
CIGARS INTERNATIONAL TEXAS, LLC
(/,
Mathew J.Co <(Feb 26,2020)
Name: Mathew J. Cook
Title: Secretary
Date: Feb 26,2020
Tia K Gamler
Tia K Gamier(Feb 26,2020)
Name: Tia Gamler
Title: Treasurer
Date: Feb 26,2020
rFr.1W6ft,
CIAL RECORD
SECRETARY'
CONSENT TO ASSIGNMENT OF TX
COMMUNITY FACILITIES AGREEMENT
CITY SECRETARY CONTRACT NO.53193