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HomeMy WebLinkAboutContract 52573-A1 06/05/2020 CSC No.52573-A1 2:29 PM FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52573 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 52573 ("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 Pheasant Crossing ("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 52573; 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 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. 52573: 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 $112,727.75, 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 52573 which are not expressly City offort Worth,Texas OFFICIAL RECORD Amendment No.l to City Secretary Contract No.52573 CITY SECRETARY Pagel of2 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 52573. 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 URRiZRi BccNaluiuff Dana Burghdoff( n5,2W 0�3CDTi Dana Burghdoff Donald j Dykstra(Jun 5,202005:57 PDT) Assistant City Manager Name: Donald J. Dykstra Title: President Date: Jun 5,2020 Date: Jun 5, 2020 Recommended by: lifer Ezern Jun 5,202 .50 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form&Legality: Richard A.McCracken(Jun 5,2020 09:20 CDT) 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 N/A ,. ' administration of this contract, including all F�R�. B��i performance and reporting requirements. ATTEST: //� // ��// •' pie Leiriii Laurie Lewis(Jun 5,202009:09 CDT) W Name: Laurie Lewis Mary J. Kayser City Secretary Title: Interim Development Manager OFFICIAL RECORD City ofFort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.52573 FT. `WORTH,TX Page 2 of