HomeMy WebLinkAboutContract 54317-A106/14/2021
4:11 pm
CSC No. 54317-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH
BLOOMFIELD HOMES, L.P.
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
54317 ("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 Bloomfield Homes, L.P.
("Developer), a Texas limited partnership.
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Proj ect known as Hulen Trails,
Phase 1 ("CFA"); and
WHEREAS, Developer provided the City with a cash escrow in the amount of
$179,047.33 as the financial guarantee for the water and sanitary sewer Improvements for the
Project; and
WHEREAS, City and Developer executed a Completion Agreement as the financial
guarantee far the paving, streetlight, sign, and storm drain Improvements for the Project
("Completion Agreement"); and
WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary
as City Secretary Contract Number 54317; and
WHEREAS, Developer desires to replace the Completion Agreement with a cash
escrow in the amount of 125% of the cost of the streetlight Improvements in the CFA and a
cash escrow for all other remaining Improvements to be constructed pursuant to the CFA as
authorized by the CFA Ordinance;
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. 54317:
1.
Section 5 of the CFA is amended to add the following paragraph:
Developer has delivered to the City a cash escrow in the amount of $213,181.84,
which equals 125% of the cost of the streetlight Improvements. Developer has
delivered to the City a cash escrow in the amount of $60,058.90, which in addition
to the $179,047.33 cash escrow previously provided to the City, equals 100% of
the cost of the remaining Improvements to be constructed. The cash escrows
provided by Developer are being provided to guarantee Developer's obligations to
complete construction of the streetlights and the remaining Improvements, and pay
all contractors and material suppliers. City and Developer agree that the Developer
�FFICIAL RECORD
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 CITY SECRETARY
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMES, L.P. FT. WORTH, TX
may replace the Completion Agreement with the cash escrows as the financial
guarantee for the streetlights and the other remaining Improvements.
2.
City and Developer agree that the Completion Agreement is terminated.
3.
a. All other provisions of City Secretary Contract Number 54317 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 City Secretary Contract Number 54317.
[SIGNATURES ON FOLLOWING PAGE]
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317 Page 2 of 3
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMFS, L.P.
IN TESTIMONY 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
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Dana Burghdoff
Assistant City Manager
Date: J u n 11, 2021
Recommended by:
Ev�i�c Rv6ev�t�
Cvelyn obcrLs;Jun9.202111�.O5CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form & Legality:
�
liichara A. McCrackcn ;Jun 10, 202113'.�1 CU I;�
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Date:
Form 1295: p�in
ATTEST:
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Mary J. Kayser
City Secretary
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DEVELOPER
Bloomfield Homes, L.P.
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Don DyksLr� �,Jun 9, 202111�.01 CDTj
Donald J. Dykstra
President
Date: J u n 9, 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 Mo✓qles
Ja�lc Scarlc[[ �loralcs (Jun 10. 202113:19 CDT1
Name: Janie Scarlett Morales
Title: Development Manager
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54317
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH BLOOMFIELD HOMES, L.P.
�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX