HomeMy WebLinkAboutContract 55443-CA1Date Received: Mar26,2ou
Time Received: 3:31 pm
City Secretary
Contract No.: 55443-CAl
CONSENT TO ASSIGNMENT OF
COMMUNITY FACILITIES AGREEMENT
(CITY SECRETARY CONTRACT NO. 55443 �
This CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES
AGREEMENT (City Secretary Contract No. 55443 )("Consent") is made and entered into by
and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas,
("City"); Rob Riner Companies GP, LLC, a Texas limited liability company ("Assignor"); and
Carter Park East Land, LLC, a Delaware limited liability company authorized to conduct
business in the State of Texas ("Assignee").
The following introductory provisions are true and correct and form the basis of this
Consent:
WHEREAS, the City and Assignor entered into a Community Facilities Agreement, City
Secretary Contract No. 55443 (Agreement"), far the construction of public infrastructure
for a project generally described as Oak Grove Road, City Project Number 102802; and
WHEREAS, on December 15, 2020, by M&C 20-0928, the City Council of the City of
Fort Worth authorized City Participation in the Agreement in an amount not to exceed
$1,400,000.00 for a portion of the construction costs of Oak Grove Road from Joel East Road to
Enon Road and for the preliminary design of Oak Grove Road from Enon Road to Everman
Parkway; and
WHEREAS, Assignor wishes to assign all of its right, title and interest in the Agreement
to Assignee. The City is willing to consent to an assignment of the Agreement to Assignee solely
in accordance with this Consent.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor and Assignee agree as follows:
L The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Assignor by the Agreement effective on the date on which the City's Assistant
City Manager has eXecuted this Consent ("Effective Date").
2. The City consents to such assignment expressly upon the promise and covenant by
Assignee, and Assignee promises and covenants to the City, that Assignee will comply with and
assume all duties and obligations of Developer set forth in the Agreement arising on and after the
Effective Date. Assignor will comply with and be liable for performance of all duties and
obligations of Developer arising prior to the Effective Date.
Consent to Assignment of Community Facilities Agreement
By Rob Riner Companies GP, LLC to Carter Park East Land, LLC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3. Notwithstanding anything to the contrary herein, Assignee understands and agrees that no
act or omission of Assignor, whether before or after the Effective Date, will serve to mitigate any
event of default set forth in the Agreement, or limit or modify City's ability to terminate the
Agreement.
4. By executing this Consent, the City does not ratify or endorse any agreement or
representation between Assignor and Assignee; grant Assignee any rights greater than those
granted to Developer under the Agreement; or consent to any amendment to the Agreement.
5. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
6. The Agreement is in full force and effect and has not been modified, supplemented, or
amended in any way unless specifically set forth herein.
7. On and after the Effective Date, all notice which is required or desired to be sent to
Developer under the Agreement shall be delivered to the following:
Carter Park East Land, LLC
3819 Maple Ave.
Dallas, TX, 75219
Attn: Asset Manager — Carter East
With a copy to:
Rob Riner Companies GP, LLC
1029 W Enon Avenue
Fort Worth, Texas 76140
[SIGNATURE PAGES FOLLOW]
Consent to Assignment of Community Facilities Agreement Page 2 of 4
By Rob Riner Companies GP, LLC to Carter Park East Land, LLC
IN WITNESS WHEREOF, the undersigned have caused this Consent to be eXecuted in
multiples to be effective on the date signed by the City's Assistant City Manager:
The City:
City of Fort Worth
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Dana Burghdoff
Assistant City Manager
Date: Mar 26, 2021
Recommended by:
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Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form & Legality:
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Richard A. McCracken
Assistant City Attorney
M&C Na N/A
Date: Mar 24, 2021
Form 1295: N/A
Contract Compliance Manager:
ATTEST.•
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Mary J. Kayser/Ronald Gonzales
City Secretary/Assistant City Secretary
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
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Jan'ic StarlcLt Morales ;Niar23, 202116�.15 CDT':
Janie Scarlett Marales
Development Manager
Consent to Assignment of Community Facilities Agreement
By Rob Riner Companies GP, LLC to Carter Park East Land, LLC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Assignor:
Rob Riner Companies GP, LLC,
a Texas limited liability company
/�/��!`;
Robert Riner (Mar 22, 202116:54 PDT)
Name: Robert B. Riner, Jr.
Title: Manager
Date; Mar 22, 2021
ATTEST: (Only if required by Assignor)
Signature
Name:
Assignee:
CARTER PARK EAST LAND, LLC,
a Delaware limited liability company
By: Carter East Investor, L.L.C.,
a Delaware limited liability company
its managing member
By: i��/2� ��
Name:
Tltle: Vice President
ATTEST: (Only if required by Assignee)
Signature
Consent to Assignment of Community Facilities Agreement
By Rob Riner Companies GP, LLC to Carter Park East Land, LLC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX