HomeMy WebLinkAboutContract 51763-A103/26/2021
3:05 pm
CSC No. 51763-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 51763
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND 6600 CALMONT, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
51763, ("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 6600 Calmont, LLC
("Developer"), a Texas limited liability company.
WHEREAS, City and Developer entered into a Community Facilities Agreement, City
Secretary Contract No. 51763 ("CFA"), by which the Developer is constructing certain public
infrastructure Improvements; and
WHEREAS, the CFA requires Developer to complete construction of the public
infrastructure Improvements within two years ("Completion Deadline");
WHEREAS, the CFA authorizes an eXtension of the Completion Deadline for one
additional year if construction of the Improvement has started; and
WHEREAS, City and Developer have agreed to a one year extension of the Completion
Deadline; and
WHEREAS, Developer has provided the City with a new financial guarantee or an
extension of the financial guarantee for the CFA; and
WHEREAS, City and Developer agree to amend the CFA to reflect a change order that
was executed for the Improvements and a revision to the material testing and inspection fees for
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. 51763: OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth, Texas FT. WORTH, TX
First Amendment to City Secretary Contract No. 51763
Page 1 of 4
1.
Section P of the CFA is amended to be and read as follows:
i. Developer shall complete construction of the Improvements and obtain the City's
acceptance of the Improvements by January 16, 2022.
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 January 16,
2022.
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
construction of the Improvement before January 16, 2022 if the Developer breaches
this Agreement, becomes insolvent or fails to pay costs of construction and the
financial guarantee for the CFA is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors or suppliers
are not paid for the cost or materials for construction of the Improvements, the
contractors and suppliers may put a lien upon the property which is the subject of
the Completion Agreement.
2.
The Cost Summary Sheet of the CFA is amended to be and read as set forth in Exhibit A
of this First Amendment.
3
a. All other terms and conditions of the CFA shall remain in full force and effect except as
specifically set forth in this First Amendment.
b. All terms of this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the CFA.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 51763
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have eXecuted this First Amendment to be
effective on the date signed by the City's Assistant City Manager.
CITY OF FORT WORTH
., , , �,
Dana Burghdoff
Assistant City Manager
Date: M a r 25, 2021
Recommended by:
�
Evclyn Rol Ls INar J' , LO2110'.�9 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form & Legality:
�l2_,.
Richard A. Mdracken (Mar25, 202ll4:01 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date:
FOTIri 1295: N/A
ATTEST:
!�2 �h:c��� Ce.��cD.,e.�
rRonaldP.Gon�ales'(Mar26,20210/�.� DTj
Mary J. Kayser
City Secretary
DEVELOPER
6600 Calmont, LLC
_�, L
Kyle Poulson
Member
Date: M a r 25, 2021
.o.-d4����� Contract Com laance Mana er:
,o,.dF FORp ��� 1� g
p po �� �o�L��� By signing, I acknowledge that I am the
�o o�dd person responsible for the monitoring and
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vg o=� administration of this contract, including all
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City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 51763
Page 3 of 4
�7G1/�lG c�G�CG��/�%�GIC�I
Jan�ie5 I tt �loralP� ,11arL5.2021111� CDT;
Janie S. Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
Total Construction Cost (excluding the fees):
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Administrative Material Testing Service Fee
E. Water Testing Lab Fee
Total Estimated Construction Fees:
Financial Guarantee Options, choose one
Bond = 100%
Completion Agreement = 100% / Holds Plat
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125%
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 51763
Page 4 of 4
Developer's Cost
$15,473.00
$91,657.20
$ 107,130.20
$68,337.53
$142,961.97
$18, 778.00
$ -
$ 230,077.50
$ 337,207.70
$13,965.00
$1,470.00
$150.00
$ 15,585.00
Choice
Amount (Mark on
$
$
$
421,509.63 I x