HomeMy WebLinkAboutContract 56284-A1Date Received: Feb 19, 2023
Time Received: 8:00 a.m.
City Secretary
Contract No.: 56284-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56284
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 56284
("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 known as Tradition Central
Phase 213, City Project Number 103142; and
WHEREAS, City and Developer executed a Completion Agreement as the financial
guarantee for the CFA ("Completion Agreement"); and
WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary as
City Secretary Contract Number 56284; and
WHEREAS, Developer desires to replace the Completion Agreement with a Development
Bond as the financial guarantee for the 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 the City Secretary
No. 56284:
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 $775,448.50
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.
City of Fort Worth, Texas
Amendment to City Secretary Contract No. 56284
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
a. All other provisions of City Secretary Contract No. 56284 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 No. 56284.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth, Texas
Amendment to City Secretary Contract No. 56284
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
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Dana Burghdoff (Feb 17, 20 05:31 CST"/
Texas limited partnership
Dana Burghdoff
By: HT Hwy 114 Development LLC, a
Assistant City Manager
Delaware limited liability company, its
general partner
Date: Feb 17, 2023
By: HT Hwy 114 LP, a Delaware limited
Partnership, its sole member
Recommended by:
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Dwayne Hollars (Feb 15, 202316:44 CST)
Dwayne Hollars
Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
4—
Richard A. McCracken (Feb 16, 202315:09 CST)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. N/A
Form 1295: N/A44
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Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Amendment to City Secretary Contract No. 56284
By: Hines Hwy 114 LLC, a Delaware
limited liability company, its general partner
By: Hines Hwy 114 Associates LP, a Texas
limited partnership, its sole member
By: Hines Investment Management
Holdings Limited Partnership, a Texas
limited partnership, its general partner
By:
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Robert W. Witte (Feb 15, 202316:26 CST)
Robert W. Witte
Senior Managing Director
Date: Feb 15, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
`RebeccaDne Owen (Feb 15, 202316:52 CST)
Name: Rebecca Diane Owen
Title: Development Manager
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY
Amendment to City Secretary Contract No. 56284 FT. WORTH, TX