HomeMy WebLinkAboutContract 56282-A1 01/18/2022
CSC No.56282-A1
9:07 AM
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56282
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
MERITAGE HOMES OF TEXAS,LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
56282 ("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 Meritage Homes of
Texas,LLC ("Developer"), an Arizona limited liability company.
WHEREAS, the City and Developer entered into a Community Facilities Agreement
for the construction of public infrastructure improvements for a Project known as Cibolo Hills
Phase 3 ("CFA"); and
WHEREAS, City and Developer 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 56282; and
WHEREAS, Developer desires to replace the Completion Agreement with a
development bond as the financial guarantee for the Improvements to be constructed pursuant
to the 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. 56282:
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
$4,632,687.40, guaranteeing Developer's obligation to complete construction of
the Improvements and 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 Improvements.
2.
The Completion Agreement is terminated.
3.
a. All other provisions of City Secretary Contract Number 56282 which are not expressly
amended herein, shall remain in full force and effect.
OFFICIAL RECORD
City of Fort Worth,Texas CITY SECRETARY
Amendment No. 1 to City Secretary Contract No. 56282 FT. WORTH, TX
Page 1 of 2
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 56282.
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 DEVELOPER
Meritage Homes of Texas, LLC
Dana Burg no off(Ja 1Tt 3,20222:00 CST) David Augh inb h(Jan12,202214:19CST)
Dana Burghdoff David Aughinbaugh
Assistant City Manager Vice President
Date: Jan 13,2022 Date: Jan 12, 2022
Recommended by:
Evelyn Ro s(Jan 12,202214:29 CST)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form & Legality:
-9?—--
Richard A.McCracken(Jan 12,202215:53 CST)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A Contract Compliance Manager:
Date: a�440Ra By signing, I acknowledge that I am the
a F00 T person responsible for the monitoring and
Form 1295: N/A CY ���' d p p g
ago° °0 administration of this contract,including all
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ATTEST: o 0
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Tannei°te S.Goodall dank�EXASo'd
Janneffe S.aoudad(Jan 14,zozz 10:00 CST)
Jannette Goodall/Ronald Gonzales Name: Janie Scarlett Morales
City Secretary/Assistant City Secretary Title: Development Manager
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
Amendment No. 1 to City Secretary Contract No. 56282
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