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HomeMy WebLinkAboutContract 55813-A1 Date Received: J u n 6, 2022 City Secretary Time Received: 1:24 pm Contract Number: 55813-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55813 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DEER CREEK INTERESTS,LTD This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 55813 ("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 Deer Creek Interests, Ltd. ("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 known as Deer Creek, City Secretary Contract Number 55813 ("CFA"); and WHEREAS,Developer provided a Development Bond in the amount of$2,673,462.50 as the financial guarantee for the Project("Development Bond"); and WHEREAS, Developer has completed construction of the water, sewer, paving and storm drain Improvements pursuant to the CFA; and WHEREAS, in accordance with the CFA Ordinance, Developer desires to reduce the amount of the Development Bond to $167,343.75 as the financial guarantee for the street light Improvements remaining 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. 55813: 1. Section 5 of the CFA is amended to add the following after the first paragraph: City and Developer agree that Developer may reduce the Development Bond provided as the financial guarantee for the CFA to the amount of $167,343.75, which amount equals one hundred percent (125%) of the construction cost for the street light Improvements, guaranteeing Developer's obligation to complete construction of the street light Improvements and pay all contractors and material suppliers. 2. a. All other provisions of City Secretary Contract Number 55813 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. 55813 FT.WORTH, TX Page 1 of 3 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 55813. [REMINADER OF THIS PAGE TO REMAIN BLANK] City of Fort Worth,Texas Amendment No. 1 to City Secretary Contract No. 55813 Page 2 of 3 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 Deer Creek Interests, Ltd. T�c� 3� LL Dana Burghdoff(J un 3,202 0:31 CDT) Dana Burghdoff Christopher Chew(May 31,2022 08:06 CDT) Assistant City Manager Christopher Chew Senior Vice President, Chief Operating Officer Date: J u n 3, 2022 Date: May 31, 2022 Recommended by: 9eruai er Ezer`cacic JenniferE ernack(May 31,202209:29 CDT) Jennifer Ezernack/Tiffany Bacon Contract Compliance Specialist Development Services Department Approved as to Form & Legality: 4eg____ Richard A.McCracken(Jun 3,202210:08 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. Contract Compliance Manager: Date: Jun 3,2022 By signing, I acknowledge that I am the Form 1295: person responsible for the monitoring and administration of this contract, including all ATTEST: performance and reporting requirements. ��. °FORt°�'pa� p1°° ° ^ �J °�� Tanie Spa✓lei°t Morales �LL�'Ll22�fP'S. N r �0 00 �, Janie Scarlett Morales(Jun 2,202214:11CDT) Jannette S.Goodall(Jinn 6,202207:23 HST) ��O° O=Yf Jannette S. Goodall o �� Name: Janie Scarlett Morales ��d'�°°O °°°�`� Title: Development Manager City Secretary da °Opppp0AtY p g �4?*EXASa` OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No. 55813 FT.WORTH, TX Page 3 of 3