HomeMy WebLinkAboutContract 52062-A104/16/2021
1:04 pm
CSC No. 52062-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 52062
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND JEFFERSON OAKHURST SCENIC, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
52062, ("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 Jefferson Oakhurst Scenic,
LLC ("Developer"), a Delaware limited liability company authorized to conduct business in the
State of Texas.
WHEREAS, City and Developer entered into a Community Facilities Agreement, City
Secretary Contract No. 52062 ("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;
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. 52062:
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 March 17, 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.
�FFICIAL REC�RD
City ofFort Worth, Texas CITY SECRETARY
First Amendment to City Secretary Contract No. 52062 FT. WORTH, TX
Page 1 of 3
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 March 17,
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 March 17, 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 �nancial
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.
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. 52062
Page 2 of 3
IN WITNESS 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
Dqhq Bu��rH�loff
Dana Burghdoff pr 15, 202118:03 CDT)
Dana Burghdoff
Assistant City Manager
Apr15,2021
Date:
Recommended by:
��eC��r ,�obe�tl
EvdynRo erts(Apr14,20210N34CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services Department
Approved as to Form & Legality:
Richard A. McCracken (Apr 14, 2021 21:00 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Form 1295: N/A
ATTEST:
�D�,�D�GI�Gt � GObIlGI�GJ'
�foi Ronald P. 6onzales (Apr 16, 2021 0856 CDT)
Mary J. Kayser
City Secretary
�4����
a ��
�� ���oRr�a��
o d
0
p�o
�_o a���
�v° �=d
� o d
����o o��
� � o �
� °�000000� ,�
�� nEXASa�'p
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 52062
Page 3 of 3
DEVELOPER
Jefferson Oakhurst Scenic, LLC
�
Payto ayes(Apr14,2021 0 1 CDT)
Payton Mayes
Executive Vice President
Date: Apr 14, 2021
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.
e�ar�- sc�C�t titv��Ce�
Janie Scarlett Morales (Apr 14, 20211529 CDT)
Janie Scarlett Morales
Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX