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HomeMy WebLinkAboutContract 54629-A1 09/02/2021 CSC No.54629-A1 2:59 pm FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54629 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH,ECM MEADOWBROOK,LLC AND FIRST UNITED BANK AND TRUST COMPANY This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 54629 ("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,ECM Meadowbrook,LLC ("Developer"),a Texas limited liability company,and First United Bank and Trust Company ("Lender"). WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project know as Meadowbrook Single Family Subdivision ("CFA"); and WHEREAS, City, Developer and Lender executed a Completion Agreement as the financial guarantee for the Project("Completion Agreement"); and WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary as City Secretary Contract Number 54629; and WHEREAS, Developer desires to replace the Completion Agreement with a development bond as the financial guarantee for remaining Improvements to be constructed pursuant to the CFA; NOW THEREFORE, City, Developer and Lender, acting herein by and through their duly authorized representatives, enter into the following agreement which amends City Secretary Contract No. 54629: 1. Section 5 of the CFA is amended to add the following paragraph: Developer has delivered to the City a Development Bond in the amount of $46,650.50, guaranteeing Developer's obligation to complete construction of the remaining Improvements and to pay all contractors and material suppliers. City and Developer agree that the Developer may replace the Completion Agreement with the Development Bond as the financial guarantee for the remaining Improvements. 2. The Completion Agreement is terminated. 3. OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Amendment No. 1 to City Secretary Contract No. 54629 Page 1 of 3 a. All other provisions of City Secretary Contract Number 54629 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 54629. IN TESTIMONY WHEREOF, the City, Developer and Lender have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH Dana aLrandoff Dana Burghdoff ep 1,202118:57 CDT) Dana Burghdoff Assistant City Manager Date: Sep 1,2021 Recommended by.- Evelyn roberts(Aug 31,202120:50 CDT) Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Approved as to Form & Legality: Richard A.McCracken(Sep 1,202110:42 CDT) Richard A. McCracken Sr. Assistant City Attorney No M&C Required. Form 1295 N/A ATTEST: o�0FORr4 a d �~ 0040, 0vo o= Ronald P. Gonzales �� o o*�d 0 Acting City Secretary ����nEXAsoap OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Amendment No. 1 to City Secretary Contract No. 54629 Page 2 of 3 DEVELOPER ECM Meadowbrook, LLC / d2 TJ re(Aug 25,202115:42 CDT) ame: TJ Moore Title: President Date: Aug 25, 2021 LENDER First United Bank and Trust Company 3/7-9/' /oe 3/'9W9/' Brandon Brewer(Aug 31,202116:38 CDT) Name: Brandon Brewer Title: Vice President Date: Aug 31, 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. Name: Janie Scarlett Morales Title: Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 54629 Page 3 of 3