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HomeMy WebLinkAboutContract 52880-A1 04/20/2020 8:49 am CSC No.52880-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52880 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BLOOMFIELD HOMES, LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52880 ("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 Bloomfield Homes,LP ("Developer), a Texas limited partnership. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project known as Watersbend North Phase 6 ("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 52880; and WHEREAS, Developer desires to replace the Completion Agreement with a cash escrow 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. 52880: 1. The CFA 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 $232,953.59, 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. 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 52880 which are not expressly City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 52880 OFFICYAL RECORD Page 1 of 2 CITY SECRETARY 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 52880. 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 Bloomfield Homes, LP Dana Burghdoff(Apr 19,20 f Dana Burghdoff Don Dykstra(Apr 17,2020) Assistant City Manager Name: Donald J. Dykstra Title: President Date: Apr 19,2020 Date: Apr 17, 2020 Recommended by: Evelyn Robe (Apr 17,2020) Evelyn Roberts/Jennifer Ezemack Project Assistant Planning and Development Approved as to Form &Legality: Richard A.McCracken(Apr 18,2020) 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: ,; person responsible for the monitoring and NIA y w. ` v administration of this contract, including all ATTEST: - performance and reporting requirements. Tenni rL. Ezerna�K on dehdltar '•: Jennifer L.Ezerna6 on behalf of(Apr 17,2020) Mary J. Kayser `... Name: Janie Scarlett Morales City Secretary �.�4v : : ' Title: Development Manager OFFICIAL.REC P L CITY SECRETARY City of Fort Worth,Texas FT. WORTH,T Amendment No. 1 to City Secretary Contract No.52880 Page 2 of 2