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HomeMy WebLinkAboutContract 51399-A1 Date Received: Mar 20, 2020 City Secretary Time Received: "' AM Number: 51399-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51399 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CRYSTAL LAKE DEVELOPMENT, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51399 ("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 Crystal Lake Development, LLC ("Developer), a Texas 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 Marine Creek Ranch Section 13 ("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 51399; and WHEREAS, Developer desires to replace the Completion Agreement with a cash escrow as the financial guarantee for the remaining improvements to be constructed pursuant to the CIA; 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. 51399: 1. The CIA is amended to add Section S. to be and read as follows: S. Developer has delivered to the City a cash escrow in the amount of $346,926.81, 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 cash escrow as the financial guarantee for the remaining Improvements. fOFFICIAL REC Ri) SECi3C-rARVCity of Fort Worth,Texas WORTH,, rx Amendment No. 1 to City Secretary Contract No. 51399 Page I of 3 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 51399 which are not expressly amended herein, shall remain in full force and effect. b. AlI terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in City Secretary Contract Number 51399. REMAINDER OF PAGE TO REMAIN BLANK City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 51399 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 Assistant City Manager. CITY OF FORT WORTH DEVELOPER Crystal Lake Development, LLC amm�uvgde Dana Burgh,!A(M r18,202 ` Y� 7C+N..�r-�"�F.s^N�ybli Dana Burghdoff John Cockerham(Mar 17,2020) Assistant City Manager John Cockerham Manager Date: Mar 18, 2020 Date: Mar 17, 2020 Recommended by: Jen er -k(Mar 1T,3020) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form &Legality: Rschard X McCracken(Mar 18.2020) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Contract Compliance Manager: Date: Mar A,2bO By signing, I acknowledge that I am the Form 1295: NIA person responsible for the monitoring and }q �, P administration of this contract, including all ATTEST: -�� performance and reporting requirements. �, � ���"�; `, .� ranee-SaarleffMorgles May.TKe�= �4 ¢ Janie Scarleft Morales(Marla,2020) MaryJ.l(aMr(Mar19,2a2o)� B •� S Mar J. Kayser 1 t Name: Janie Scarlett Morales Y Y f7 City Secretary Title: Development Manager OFFICIAL RECORD City of Fort Worth, Texas 01-Y SECRETARY Amendment No. 1 to City Secretary Contract No. 51399 F`. WORTH, TX Page 3 of 3 -.