HomeMy WebLinkAboutContract 54110-CA1 08/10/2021
CSC No.54110-CA1
3:12 pm
CONSENT TO ASSIGNMENT OF
COMMUNITY FACILITIES AGREEMENT
(CITY SECRETARY CONTRACT NO. 54110 )
This CONSENT TO ASSIGNMENT OF COMMUNITY FACILITIES
AGREEMENT ("Consent")is made and entered into by and between the City of Fort Worth, a
home-rule municipal corporation of the State of Texas, ("City"); Stillwater Capital Investments,
LLC,a Texas limited liability company("Assignor"); and SW Crystal Springs,LLC,a Delaware
limited liability company authorized to conduct business in the State of Texas ("Assignee").
The following introductory provisions are true and correct and form the basis of this
Consent:
WHEREAS, the City and Assignor entered into a Community Facilities Agreement City
Secretary Contract No. 54110.("Agreement"), for the construction of public infrastructure for a
project generally described as Crystal Springs, City Project Number 101881; and
WHEREAS, on May 5, 2020, by M&C 20-0315, the City Council of the City of Fort
Worth authorize City Participation in the Agreement in an amount not to exceed $462,725.00 for
the relocation of a sewer main; and
WHEREAS, Assignor wishes to assign all of its right, title and interest in the Agreement
to Assignee. The City is willing to consent to an assignment of the Agreement to Assignee solely
in accordance with this Consent;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged,the City,Assignor and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right, title and
interest granted to Assignor by the Agreement effective on the date on which the City has executed
this Consent("Effective Date").
2. The City consents to such assignment expressly upon the promise and covenant by
Assignee, and Assignee promises and covenants to the City, that Assignee will comply with and
assume all duties and obligations of Developer set forth in the Agreement arising on and after the
Effective Date. Assignor will comply with and be liable for performance of all duties and
obligations of Developer arising prior to the Effective Date.
3. Notwithstanding anything to the contrary herein,Assignee understands and agrees that no
act or omission of Assignor,whether before or after the Effective Date,will serve to mitigate any
event of default set forth in the Agreement, or limit or modify City's ability to terminate the
Agreement.
4. By executing this Consent, the City does not ratify or endorse any agreement or
representation between Assignor and Assignee; grant Assignee any rights greater than those
granted to Developer under the Agreement; or consent to any amendment to the Agreement.
OFFICIAL RECORD
Consent to Assignment of Community Facilities Agreement CITY SECRETARY
From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC
FT. WORTH, TX
5. All terms in this Consent that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
6. The Agreement is in full force and effect and has not been modified, supplemented, or
amended in any way unless specifically set forth herein.
7. On and after the Effective Date, all notice which is required or desired to be sent to
Developer under the Agreement shall be delivered to the following:
SW Crystal Springs, LLC
4145 Travis Street
Dallas, Texas 75204
[SIGNATURE PAGES FOLLOW]
Consent to Assignment of Community Facilities Agreement Page 2 of 4
From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC
IN WITNESS WHEREOF,the undersigned have caused this Consent to be effective on
the date signed by the City's Assistant City Manager.
The City:
CITY OF FORT WORTH ATTEST.- 0h°FoR
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for Ronald P.Gonzales(Oct 1=,202017:00 CDT) �j� O O� r
Dana Burghdoff(Oct 1,202 6:40 CDT) O O
Dana Burghdoff Mary J. Kayser �� °°°°°°°°°°°° a
Assistant City Manager City Secretary ��nEXAsoA
Date: Oct 1,2020
Recommended by:
Evelyn roberts(Jul 21,202010:38 CDT)
Evelyn Roberts
Contract Compliance Specialist
Planning and Development
Approved as to Form & Legality:
Richard A.McCracken(Oct 1,2020 10:40 CDT)
Richard A. McCracken
Sr.Assistant City Attorney
M&C No. N/A
Date:
Form 1295:
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
`uu'rie Lewls
Laurie Lewis(Jul 21,2020 10:55 CDT)
Laurie Lewis
Interim Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Consent to Assignment of Community Facilities Agreement Page 3 of 4
From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC
Assignor:
Stillwater Capital Investments,LLC
a Texas limited liability company
Aaron Sherman(Jul21,202010:36 CDT)
Name: Aaron Sherman
Title: Authorized Signatory
Date: J u 121, 2020
Assignee:
SW Crystal Springs,LLC
a Delaware limited liability company
By: SW Crystal Springs Investments, LLC, a
Texas limited liability company,
Manager
By: SW Crystal Springs Investments Manager
LLC, a Texas limited liability company,
Manager
Aaron Sherman(Jul21,202010:36 CDT)
Name: Aaron Sherman
Title: Authorized Signatory
Date: Jul 21, 2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Consent to Assignment of Community Facilities Agreement Page 4 of 4
From Stillwater Capital Investments,LLC to SW Crystal Springs,LLC