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HomeMy WebLinkAboutContract 56145-A1 03/21/2022 CSC No.56145-A1 4:58 pm FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56145 A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HT HWY 114 DEVELOPMENT,LP This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56145 ("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 HT Hwy 114 Development LP ("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 Project know as Tradition, Central Phase 2A, City Project Number 103143 ("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 56145;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 and Developer,acting herein by and through their duly authorized representatives,enter into the following agreement which amends City Secretary Contract No. 56145: 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 $301,715.83, guaranteeing Developer's obligation to complete construction of the remaining 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 remaining Improvements. 2. The Completion Agreement is terminated. 3. a. All other provisions of City Secretary Contract Number 56145 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 56145. OFFICIAL RECORD CITY SECRETARY City of Fort worth,Texas FT. WORTH, TX Amendment No. 1 to City Secretary Contract No.56145 Page 1 of 2 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 HT Hwy 114 Development LP,a Texas limited partnership Dana Burghdoff( r 18,20 12:21 CDT) By: HT Hwy 114 Development LLC, Dana Burghdoff a Delaware limited liability company,its general Assistant City Manager partner By: HT Hwy 114 LP, Date: Mar 18,2022 a Delaware limited partnership,its sole member Recommended by: By: Hines Hwy 114 LLC, a Delaware limited liability company,its general partner EvCelyn Rob s(Mar 18,2022 09:58 CDT) Evelyn Roberts/Jennifer Ezernack By: Hines Hwy 114 Associates LP, Project Assistant a Texas limited partnership,its sole member Development Services By: Hines Investment Management Holdings Approved as to Form &Legality: Limited Partnership, a Texas limited partnership,its general partner Richard A.McCracken(Mar 18,202211:08 CDT) By: Richard A.McCracken Sr.Assistant City Attorney Robert wine N/A Robert Witte(Mar 18,2022 09:57 CDT) M&C No. Name: Robert W. Witte Date: Title: Senior Managing Director Form 1295: pin00 P��°FORT�aa�� ATTEST: i 1. °O�%.�d Date: Mar 18,2022 —8 ° Poo o=d J nette S.Goodall(Mar 18,2022 13' CDT) �` p°° °�*�~ Jannette S. Goodall P Kati nEXA`�o�Ap City Secretary 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. ,7,gele S,,aMei I`A nyaG &f Janie Scarlett Morales(Mar 18,202210:01 CDT) Name: Janie Scarlett Morales Title: Development Manager OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.56145 FT. WORTH, TX Page 2 of 2