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HomeMy WebLinkAboutContract 55443-A1 04/05/2022 CSC No.55443-A1 9:02 am FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55443 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARTER PARK EAST LAND,LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55443 ("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 Rob Riner Companies GP, LLC entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a project generally described as Oak Grove Road, City Project Number 102802, City Secretary Contract Number 55443 ("CFA"); and WHEREAS,on March 26,2021,the City consented to the assignment of the CFA from Rob Riner Companies GP, LLC to Developer, City Secretary Contract Number 55443-CAI; and WHEREAS, the CFA provides that Developer shall complete construction of the Improvements and obtain City's acceptance of the Improvements by December 31, 2021; and WHEREAS, the CFA provides that Developer shall complete the Preliminary Design of the eastern two lanes and western two lanes of Oak Grove Road from Enon Road to Everman Road and obtain the City's approval by December 31, 2021; and WHEREAS, due to circumstances beyond Developer's control, Developer has requested, and City agrees to, an extension of the deadlines; 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. 55443: 1. Article A, Section 6 of the CFA is amended to add the following: Developer and City agree to an Extension Period of one (1) year. Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements by December 31, 2022. 2. Article B, Section 4 of the CFA is amendment to read in its entirety as follows: OFFICIAL RECORD FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55443 CITY SECRETARY A COMMUNITY FACILITIES AGREEMENT BETWEEN FT.WORTH, TX THE CITY OF FORT WORTH AND CARTER PARK EAST LAND,LLC Developer shall cause the Preliminary Design to be completed and obtain the City's approval of the Preliminary Design by December 31, 2022. 3. 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 55443 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 DEVELOPER Dana BuL,ghdOff CARTER PARK EAST LAND: Dana Burghdoff(gpr4,202215:18 CDT) Dana Burghdoff CARTER PARK EAST LAND,LLC, Assistant City Manager A Delaware limited liability company Date: Apr 4,2022 By: Carter East Investor, L.L.C., A Delaware limited liability company its managing member Recommended by: Evelyn Ro erts(Apr2,202211:51 CDT) Name: Matthew E. Colter Evelyn Roberts/Jennifer Ezernack Title: Vice President Contract Compliance Specialist Development Services Date: Apr2,2022 Approved as to Form & Legality: Contract Compliance Manager: By signing, I acknowledge that I am the =9!�Z _ person responsible for the monitoring and Richard A.McCracken(Apr 4,202208:56 CDT) administration of this contract, including all Richard A. McCracken performance and reporting requirements. Assistant City Attorney 9�e-sca�CeftMr�aCe� No M&C Required Janie Scarlett Morales(Apr 2,202220:28 CDT) Form 1295: N/A Janie Scarlett Morales Development Manager ATTEST: a�Fonr��a ICYO°°°o°o°°ao0 7cl�r�rette S Goo��IGG 9`�Ay o o��d Jannette S.Goodall(Apr4,202215:48 CDT) =p 0040, Jannette S. Goodall �vo o= ° o d 0 City Secretary d °o° °o*d °OO000°° .O ��nEXAS.oAp OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55443 Page 3 of 3 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CARTER PARK EAST LAND,LLC