HomeMy WebLinkAboutContract 50269-A106/09/2021
8:59 a m
CSC No. 50269-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT W TH AND EMF PANTHER ISLAND, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
50269 ("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 EMF Panther Island,
LLC, a Delaware limited liability company authorized to conduct business in the state of Texas
("Developer").
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a project generally described as
Encore Panther Island, City Project Number 101343 ("CFA"); and
WHEREAS, due to unforeseen circumstances beyond Developer's control, Developer
desires to extend the deadline to complete construction of the Improvements; and
WHEREAS, City and Developer desire to amend the CFA to reflect the new deadline
for Developer to compete construction of the Improvements;
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. 50269:
1.
Section P of the CFA is amended in its entirety to read as follows:
P. COMPLETION DEADLINE
i.
ii.
iii.
iv.
Developer shall complete construction of the Improvements and obtain
the City's acceptance of the Improvements by September 1, 2021.
Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement
with its contractor ar other related agreements.
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 constructed by
Developer and accepted by the City by September 1, 2021.
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 the construction of the Improvements before
September 1, 2021 if Developer breaches this Agreement, becomes
insolvent, or fails to pay the costs of construction.
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT W TH AND EMF PANTHER ISLAND, LLC
OFFICIAL REC�RD
CITY SECRETARY
FT. VIIORTH, TX
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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 50269 Page 2 of 3
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND EMF PANTHER ISLAND, LLC
IN TESTIMONY WH REOF, 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
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Dana Burghdoff (Jun 8, 202 0:54CDT)
Dana Burghdoff �
Assistant City Manager
DEVELOPER
EMF Panther Island, LLC
A Delaware limited liability company
By: EMF Panther Island, LP
Its: sole member
Date: Jun 8, 2021
Recommended by:
���,� ���
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Development Services
Approved as to Form c� Legality:
Rich r�racken (Jun 7, 2021 10:17 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Form 1295: N/A
ATTEST:
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Mary J. Kayser / Ronald Gonzales
City Secretary / Assistant City Secretary
By EMF Panther Island GP, LLC
Its: general partner
By Encore Multi-Family, LLC
Its: Manager
i
Charlie Keels (Jun 4, 20211729 CDT)
Charlie Keels
Authorized Signatory
Date: J u n 4, 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.
Tqnie scqrlett Marqles
Janie Scarlett Morales (Jun 5, 2021 13:46 CDT)
Janie Scarlett Morales
Development Manager
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 50269
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND EMF PANTHER ISLAND, LLC
OFFICIAL REC�RD
CITY SECRETARY
FT. VIIORTH, TX