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HomeMy WebLinkAboutContract 55467-A106/29/2021 11:22 am CSC No. 55467-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55467 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARTER PARK EAST LAND, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55467 ("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 Carter Park East Land, 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 known as Carter Park East Phase I& II, City Project Number 102807, City Secretary Contract Number 55467 ("CFA"); and WHEREAS, Developer and City are also parties to a Community Facilities Agreement for the construction of public infrastructure improvements for a project known as Oak Grove Road, City Project Number 102802, City Secretary Contract Number 55443 ("Oak Grove Road CFA"); and WHEREAS, due to the timing of Developer's private development, Developer desires to construct waters lines B and C that are the subject of the Oak Grove Road CFA pursuant to the Cart Park East Phase I& II 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. 55467: 1. Section 3 of the CFA is amended to add the following at the end of the last paragraph: Developer shall construct water lines B and C, which were previously the subject of a Community Facilities Agreement for Oak Grove Road - City Proj ect Number 102802, pursuant to this Agreement. 2. Section 14 of the CFA is amended to add the following at the end of the paragraph: The estimated administrative material testing service fees in the amount of $539.00, the construction inspection service fees in the amount of $1470.00, and the water testing lab fees in the amount of $150.00, that were paid for water lines B and C for City Project Number 102802 shall be transferred from City Project Number 102802 to City Project Number 102807 and be utilized by the City for this Agreement. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55467 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARTER PARK EAST LAND, LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3. Attachment 2"Phased CFA Provision" of the CFA is deleted in its entirety. � 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 55467 Page 2 of 3 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARTER PARK EAST LAND, LLC 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 �iGl`!Gl �GL�GI�LGtO� Dana Burghdoff (Jun 24, 202114:43 CDT) Dana Burghdoff Assistant City Manager J u n 24, 2021 Date: Recommended by: E✓elyh Roberts Evelyn Roberts (Jun 24, 202llL23 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Development Services Approved as to Form & Legality: �2f�--^ Richard A. McCracken (Jun 24, 20211421 CDT) Richard A. McCracken Assistant City Attorney M&C N/A Form 1295: N/A ATTEST: for Ronql�i P. Gohzqles for Ronald P. Gonzales (Jun 28, 2021 13:09 CDT) Mary J. Kayser City Secretary ,o,p� FORT u�a ��F000000000�L d � o��i p /� o° o �va �_ o a � �o a�CF �� � a � � �O000000° .d �� �EXAS�A'p DEVELOPER Carter Park East Land, LLC i�Gi� Name: Matthew E. Colter Title: Vice President Date: J u n 23, 2021 Contract Compliance Manage�: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance and reporting requirements. C:��%2�� 2.�� J ie Scarlett Morales (Jun 24, 202114:13 CDT) anie Scarlett Morales Development Manager FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55467 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARTER PARK EAST LAND, LLC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX