HomeMy WebLinkAboutContract 53954-A1 01/26/2021
CSC No.53954-A1
12:11 pm
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53954
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
HT HWY 114 DEVELOPMENT LP
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 53954
("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 HT Hwy 114 Development 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 Tradition Central
Phase IA ("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 53954; and
WHEREAS, Developer desires to replace the Completion Agreement with development
bonds 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. 53954
1.
Section 5 of the CFA is amended to add the following at the end of the paragraph:
Developer previously provided the City with a Completion Agreement as the financial guarantee
for the CFA. Developer has delivered to the City a development bond in the amount of
$205,209.00 guaranteeing Developer's obligation to complete construction of the streetlight
Improvements and pay all contractors and material suppliers. Developer has also delivered to the
City a development bond in the amount of$1,541,482.25, guaranteeing Developer's obligation to
complete construction of all other remaining Improvements and pay all contractors and material
suppliers. City and Developer agree that the Developer may replace the Completion Agreement
with the development bonds 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.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 53954 FT.WORTH,TX
Page 1 of 3
3.
Developer understands and agrees that execution of this First Amendment does not
guarantee that Developer will be eligible for a reduction in the financial guarantee for street lights
as set for in Section 9-311 of the City Code.
4.
a. All other provisions of City Secretary Contract Number 53954 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 53954.
[SIGNATURES ON FOLLOWING PAGES]
City of Fort Worth,Texas
Amendment No. 1 to City Secretary Contract No. 53954
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
HT Hwy 114 Development LP
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420>2�1F1 0:41 CST) 16A�&G/,1 G �/
Dana Burghdoff Robertw.Witte(Jan 22,202108:00 MST)
Assistant City Manager Name: Robert W. Witte
Title: Senior Managing Director
Date: Jan 24,2021
Date: Jan 22, 2021
Recommended by:
L;IG if goket&
Evelyn R efts(Jan 22,202109:09 CST)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form &Legality:
Richard A.McCracken(Jan 23,202121:44 C5-0
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. NSA Contract Compliance Manager:
Date: By signing, I acknowledge that I am the
Form 1295: person responsible for the monitoring and
administration of this contract, including all
ATTEST: performance and reporting requirements.
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ppF FORT�aa o°°°°°°°°°
DY�O`lAiyC70�'T.Gt4I �_�° o��� Janie ScalettMo2les(Jan 22,202115:28C5n
'for Ronald P.Gonales(Jan 25,202109:29 CST) y�o o=
0 o d- Name: Janie S. Morales
Mary J. Kayser ��� °°° °°o
a °°°°°°° a Title: Interim Development Manager
City Secretary aai.2Xpsq�a
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 53954 FT.WORTH,TX
Page 3 of 3