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HomeMy WebLinkAboutContract 54658-A1 Date Received: 06/14/2022 Permit Number: SWFMA-2I-0088 Time Received: 10:58 AM City Secretary Number: 54658-A1 AMENDMENT TO CITY SECRETARY CONTRACT NO. 54658 STORMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. 54658, STORMWATER FACILITY MAINTENANCE AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter referred to as the "City", and D.R. Horton - Texas LTD "Landowner", acting herein by and through its duly authorized representative Benjamin Clark as Assistant Vice President, and Pioneer Point Residential Community Inc., "Association", acting herein by and through its duly authorized representative. RECITALS WHEREAS, the City of Fort Worth ("City"), D.R. Horton - Texas LTD, and Pioneer Point Residential Community, Inc. made and entered into City Secretary Contract No. 54658 (the"Agreement")to authorize the use of on-site stormwater management facilities (the "Facility") to be constructed and maintained on a portion of Landowner's property; and WHEREAS,the Agreement was recorded with the property records of the Tarrant County as document No. D220263142 which is one and the same as City Secretary Contract 54658 . WHEREAS,the Agreement contains exhibit`B"that depicts the design specifications of the Facility; and WHEREAS,it advisable to execute this Amendment to the Agreement to revise exhibit"B" in the Agreement to depict design changes being added to the original agreement;and NOW THEREFORE, City, Landowner, and Association acting herein by and through their duly authorized representatives, enter into the following that amends the Agreement: OFFICIAL RECORD Rcvfsed 1 U'9r'202o ALE CITY SECRETARY FT. WORTH, TX 1. Exhibit B is hereby replaced with Exhibit 13-1 attached hereto and incorporated herein to the Agreement, consisting of a revised design specification of the Facility. 2. This Amendment shall be filed with the City Secretary as an amendment to the Agreement and also recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators,executors, assigns, heirs and any other successors in interests, including any property owners association. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect EXECUTED on this the day of 120 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Revised 11/19/2020 JLE Page 2 of 4 LANDOWNER: CITY: D.R.Horton - Texas, Ltd a Texas Limited Partnership By D.R. Horton,Inc Dana Burghdoff(Jun 12,20 O7:26 CDT a Delaware Corporation Dana Burghdoff, its au ed agent Assistant City Manager City of Fort Worth Date: Jun 12,2022 Date: Approved as to Form and Legality: �!2 ASSOCIATION: Thomas Royce Hansen, Assistant City Attorney Pioneer Point Residential Community City Attorney's Office Date: J u n 10,2022 4 ��FoF�R� �a�� ATTEST: 0 Date �/ 0 ~o o�d Tgnnefte S. Goo�gll T 0 00 a=� Jannette S.Goodall(Jun 13,2022 14:23 CDT) 0 0 00 00 0C *� d'f Jannette Goodall, l nEXAso4p City Secretary City of Fort Worth Contract Compliance Manager: Date: Jun 13,2022 By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Janie S. Morales, Planning Manager Development Services Date: Jun 10,2022 Revasel " 19;202(JLE OFFICIAL RECORD y CITY SECRETARY FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § June 12,2022 ' This instrument was acknowledged before me on by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed by BICH SON THI NGUYEN Bichson Nguyen 1�9 Notary Public Nguyen D :07:3222.06.13 STATE OF TEXAS13:07:32 05'00' Notary I.D. 133389224 Notary Public State of Texas My Comm.Exp.Oct. 13,2025 STATE OF § COUNTY OF —r&VVaftk § BEFORE ME, the undersigned authority,jj as Notary Public i�nl and for the State of on this day personally appeared_17Mt.Mt. (_,(W�' �_ _ (name), (title), known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of I (entity), a IWS [Z;U CW (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 202L. r r Notary Public, State of Katie Sabin g' My Commission Expires y.. 1 1/2 712022 `r 10 No 130023623 OFFICIAL RECORD Revised I l�19r2U'2^.i�.E CITY SECRETARY FT. WORTH, TX STATE OF �' .� § COUNTY OF �� § T 's instrument•was ac nowledged before me on} 5 "t 14U, by,, VI ( , authorized re )esentative, acting on behalf of the Homeowners Association. Katie Sabin `►Q`' My Commission Exp res o 11l2712022 T io No 130023623 Of . Notary Public, State of STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev.11/190020 JLE CITY SECRETARY FT. WORTH, TX 1Y111MHfIS3tl¢ t 3snsa'yaio¢a�Na¢ -:a LLJ w O 9 g 383 a fn U Z z P s a O Q a. 2 sn se 5 C7 i LL 3 s 9o3 n - O w uj m m in a5s a33 - x a ui i - C H 's -a Y i 0 v] 0 riov I t � e m Li l o 0 } 235Mb'iNi0d t33NOb LU gwq z4 oy�= �J cQY F4- Eil �ry IL CL w o = 11 � a 44, \ 5 € i ff, �� �, '� ss I ' I 1 r € AI IL r i r lolI ♦ i o INN — a a f ` y .. 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