HomeMy WebLinkAboutContract 54220-A1o4/os/Zo2i
12:05 pm
CSC No. 54220-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND HT HWY 114 DEVELOPMENT, LP
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
54220 ("First Amendment") is made and entered into by and between the City of Fort Worth,
a home-rule municipal corporation of the State of Texas ("City"), and HT HWY 114
Development, LP, a Texas limited partnership ("Developer").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a proj ect known as Tradition NS-
III Offsite Water Line, City Secretary Contract Number 54220 ("CFA"); and
WHEREAS, the CFA provides that the City will reimburse Developer for the City
Participation after construction and acceptance of the Improvements by the City; and
WHEREAS, due to the amount of the City Participation in the CFA, the City and
Developer desire to amend the CFA to allow the City to reimburse Developer for City
Participation in the Improvements that have been constructed to date, with the remaining
balance to be due and payable after completion of construction and acceptance of the
Improvements by the City;
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. 54220:
1.
Section 34 of the CFA is amended to be and read as follows:
34.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer for the City Participation in two payments. Developer
shall submit the first application for payment to the City for the Improvements that have
been constructed as of the date of the application. The first application for payment shall
include an invoice from Developer and a lien release and affidavit from Developer's
contractors. The lien release and affidavit shall specify that the contractors have been paid
in full by Developer for the Improvements that are included in the application for payment
and that the contractors have paid all subcontractors and material suppliers. The City shall
reimburse Developer for the construction of the remaining Improvements after presentation
of proper documentation by Developer to the City that all the Improvements have been
constructed and accepted by the City and all contractors, subcontractors, and material
suppliers have been paid.
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
(b) In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this
Agreement, then the City will immediately notify Developer of such occurrence and this
Agreement shall be terminated on the last day of the fiscal period for which appropriations
were received without penalty or eXpense to the City of any kind whatsoever, eXcept to the
portions of annual payments herein agreed upon for which funds shall have been
appropriated.
�
a. All other provisions of the CFA, 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 the CFA.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220 Page 2 of 4
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP
IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by
their duly authorized representatives to be effective on the date signed by the City's Assistant City
Manager.
CITY OF FORT WORTH
�Gl`lGl t�GL�GI`lGtO�
Dana Burghdoff (Apr6, 2021 0:14 CDT)
Dana Burghdoff
Assistant City Manager
Date: Apr 6, 2021
Recommended by:
E✓elvn Robe�ts
,
Evelyn Roberts (Apr 6, 2021 1L55 CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services
Approved as to Form & Legality:
Richard A McCracken (Apr6, 202114:17 CDT)
Richard A. McCracken
Assistant City Attorney
M&C N/A
Form 1295: N/A
ATTEST:
fo� !.'ohql� P. Gohzqles
for Ronald P. Gonzales (Apr7, 202108:47 CDT)
Mary J. Kayser
City Secretary
.p.-�yu`��+u�
� d
4
� pFo� �°� � �f• �
,�►o °G��
�g o�� �
0
o �
v* o o * �d
° o° /y
��, ���00000� A'
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DEVELOPER
HT HWY 114 DEVELOPMENT LP, a Texas limited partnership
By: HT Hwy 114 Development LLC,
a Delaware limited liability company, its general partner
By: HT Hwy 114 LP,
a Delaware limited partnership, its sole member
By: Hines Hwy ll4 LLC,
a Delaware limited liability company, its general partner
By: Hines Hwy 114 Associates LP,
a Texas limited partnership, its sole member
By: Hines Investment Management Holdings Limited Partnership,
a Texas limited partnership, its general partner
Rrr6e�t W, Wr.iiP-
$y: uobo��w.wrtro;Apr6_zaziiissc�i'�
Name: Robert W. Witte
Title: Senior Managing Directar
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and administration of this
contract, including all performance and reporting requirements.
�� �'�71�i�.�
J eScarlectMorales(/1pr6,202112:36CDT)
L
Janie Scarlett Morales
Development Manager
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54220
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND HT HWY ll4 DEVELOPMENT, LP
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX