HomeMy WebLinkAboutContract 50121-A1 01/05/2021
2:47 PM CSC No.50121-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50121
A COMMUNITY FACILITIES AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND LANG OLEANDER,LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
50121 ("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 Lang Oleander, 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 Oleander II -
Multifamily("CFA"); and
WHEREAS, the CFA provides that Developer shall complete construction of the
Improvements within two years and may request that the deadline for completion be extended
for one additional year; and
WHEREAS, Developer desires to amend the CFA to allow Developer to complete
construction of the Improvements by December 31, 2020;
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. 50121:
1.
Section P of the CFA is amended to read as follows:
i. Developer shall complete construction of the Improvements by December
31, 2020.
ii. Nothing contained herein is intended to limit the Developer's
obligations under the Policy,this Agreement,its financial guarantee,its
agreement with its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements
if the Improvements have not been completed and accepted by the City by
December 31, 2020.
iv. The City may utilize the Developer's financial guarantee to cause the
completion of the construction of the Improvements or to cause the payment
of costs for the construction of the Improvements before December 31,2020
if the Developer breaches this Agreement,becomes insolvent,or fails to pay
costs of construction.
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 50121 FT. WORTH, TX
Page 1 of 3
2.
a. All other provisions of City Secretary Contract Number 50121 which are not expressly
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 50121.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 50121
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
Lang Oleander, LLC
am-yve dirik oudy-
oana Bur dirik oudt(Jan 4,202114:32 CST)
Dana Burghdoff Name: Dirik Oudt
Assistant City Manager Title: Manager
Date: Jan 5,2021 Date: Jan 4,2021
Recommended by:
fifer Ezern6MJan 4,202 03 CST)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
Rich A.Mc`,ken(Jan 5,202109:28 CST)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date: Contract Compliance Manager:
By signing, I acknowledge that I am the
Form 1295: N 1A person responsible for the monitoring and
ATTEST: administration of this contract, including all
p�,ion��� performance and reporting requirements.
a''F F o0o r�yaad
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o o��d Lade Lewin
o o=d Laurie Lewis(Jan 5,202109:05 CST)
Mary J. Kayser �o
City Secretary rexa5 q Name: Laurie Lewis
��naaaaa� Title: Interim Development Manager
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 50121 FT. WORTH, TX
Page 3 of 3