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HomeMy WebLinkAboutContract 56914-A1 Date Received: 8/30/2022 City Secretary Time Received: 2:07 p.m. Contract No.: 56914-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56914 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CLAY DEVELOPMENT PARTNERS,LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56914 ("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 Clay Development Partners, LLC ("Developer"), a Texas limited liability company. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project know as Chapel Creek Cottages, City Secretary Contract Number 56914 ("CFA"); and WHEREAS, Developer provided a cash escrow to the City as the financial guarantee for the CFA; and WHEREAS, in accordance with the CFA Ordinance, Developer desires to reduce the amount of the cash escrow by two-thirds of the amount provided to the City; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: 1. The CFA is amended to add Section 37 to be and read as follows: 37. City and Developer agree that Developer may reduce the amount of the cash escrow provided to the City as the financial guarantee for the CFA to an amount that is not less than $438,627.90. City shall refund to Developer an amount not to exceed$877,255.81. 2. a. All other provisions of the CFA which are not expressly amended herein, shall remain in full force and effect. b. All terms in this First Amendment that are capitalized, but not defined, shall have the meanings ascribed to those terms in the CFA. [SIGNATURES ON FOLLOWING PAGE] OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.56914 FT. WORTH TX Page 1 of 2 1 IN TESTIMONY WHEREOF, the City and Developer have executed this First Amendment to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Clay Development Partners, LLC Tea 13G� L: 12 -g- DanaBurghdoff(Aug29,2 14:36CD Reagan n(Aug29,202213:24 CDT) Dana Burghdoff Reagan Brown Assistant City Manager President Date: Aug 29, 2022 Date: Aug 29, 2022 Recommended by: s ua , Bichson Nguyen( 2,02213:2.CDT Bichson T. Nguyen Contract Compliance Specialist Development Services Approved as to Form &Legality: 42_ Richard A.McCracken(Aug29,202214:30 CD-0 Richard A. McCracken Sr. Assistant City Attorney M&C No. Contract Compliance Manager: Date: Aug 29,2022 By signing, I acknowledge that I am the Form 1295: person responsible for the monitoring and �aao�n administration of this contract including all ' ATTEST: ��,o° po$ performance and reporting requirements. P-o 0��d Pvo o=d p�*0 o*�d P� a Tanie scarlog Morales 7� s �n rEXASop Janie xarlettMomles(Aug29,2o2214:24CDT) Jannette S.Goodall(Aug29,202216:39 CDT) Laaab�" Jannette S. Goodall Janie Scarlett Morales City Secretary Development Manager OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Amendment No. 1 to City Secretary Contract No.56914 Page 2 of FT. WORTH, TX