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HomeMy WebLinkAboutContract 57528-A1Date Received: Apr 19, 2023 Time Received: 3:18 p.m. City Secretary Contract No.: 57528-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57528 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND PMB VENTANA DEVELOPER SOUTH, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57528 ("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 PMB Ventana Developer South, 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 known as Ventana Phase 6A- 1, City Secretary Contract Number 57528 ("CFA"); and WHEREAS, in order to allow Developer to proceed to construction on Ventana Phase 7, City and Developer have agreed to amend the community facilities agreement for Ventana Phase 6A-2 to allow for the partial acceptance of certain Improvements being constructed pursuant to that community facilities agreement; and WHEREAS, Developer and City desire to amend the phased provisions of the CFA to reflect that the Improvements being constructed pursuant to this CFA will not be accepted until all the improvements in the Ventana Phase 6A-2 community facilities agreement are accepted by 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. Attachment 2 of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment. 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 SECRETARY FT. WORTH, TX City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57528 Page 1 of 4 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 7Jc� �3w2.�LL Dana Burghdoff (A 18, 20 :11 CDT) Dana Burghdoff Assistant City Manager Date: Apr 18, 2023 Recommended by: am ig&e Dwayne Hollars (Apr 17, 2023 08:55 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard A. McCracken (Apr 18, 202312:10 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Date: Apr 18, 2023 Form 1295: N/A doauLR4 volFOR.*0 ATTEST: o �o PVo M= a�b�on o Jannette S. Goodall City Secretary City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57528 Page 2 of 4 DEVELOPER PMB Ventana Developer South, LLC K. is 8allall K. Taylor Baird Vice President Date: Apr 17, 2023 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. 9IL.dr\ Rebecca Diane Owen (Apr 17, 2023 09:00 CDT) Rebecca Diana Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A ATTACHMENT 662" Phased CFA Provision City Project No. 103631 Developer intends to construct public water and sewer mains pursuant to a separate community facilities agreement (City Project Number 103437, IPRC21-0103, City Secretary Contract Number 57948) that will run underneath portions of the paving Improvements being constructed pursuant to this Agreement. Therefore, this Agreement shall be considered a "Phased CFA" and the provisions contained in this section shall apply to this Agreement. The improvements being constructed by Developer pursuant to City Secretary Contract Number 57948 shall be defined as the "Parent Project." The improvements being constructed by Developer under this Agreement shall be defined as the "Child Project." Developer acknowledges and agrees that due to Developer's election to construct a Phased CFA, the potential exists for technical, delivery, acceptance or performance problems (hereinafter "Construction Problems"). Construction Problems may include, but are not limited to: failure of the improvements to comply with the approved plans or City Specifications; failure of the improvements in the Parent Project and the Child Project to properly connect to each other; changes to the design or construction of the improvements in the Parent Project that impact the design and construction of the improvements in the Child Project; construction delays, delay claims, or claims for liquidated damages; increased costs for the Developer; failure of the improvements to pass inspection or material testing; or rejection by the City of some or all of the improvements and Developer having to remove and reconstruct the improvements at Developer's expense. In addition, Developer understands and agrees that disputes may arise between Developer's contractors or their subcontractors relating to responsibility for the Construction Problems. Developer shall be solely responsible for resolving disputes between contractors or disputes between contractors and subcontractors. Developer further acknowledges and agrees that Developer has notified all of Developer's contractors for the Project that Developer has elected to construct a Phased CFA, the provisions of this section, the risks associated with a Phased CFA, and that the City shall not bear any responsibility for Developer's decision to proceed with a Phased CFA. While the City may partially accept a portion of the improvements being constructed in the Parent Project, the City will not accept any of the Improvements being constructed pursuant to this Agreement until all the improvements being constructed pursuant to the Parent Project are constructed and accepted by the City as evidenced by the execution by the City's Assistant City Manager of the document commonly referred to as a green sheet for the Parent Project. Developer further understands and agrees that execution of this Agreement or completion of the Improvements under this Agreement does not entitle Developer to obtain a final plat of the City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57528 Page 3 of 4 property until all other requirements of Federal law, State law, or the City Code relating to the filing and recording of a final plat have been met by Developer. BY CHOOSING TO CONSTRUCT A PHASED CFA, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYAND ALL ECONOMIC DAMAGES PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCLUDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASES AND DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR DAMA GES, INCL UDING, B UT NOT LIMITED TO ANY AND ALL ECONOMIC DAMA GES, PR OPER TY L OSS, PR OPER TY DAMA GE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S DECISION TO CONSTRUCT A PHASED CFA. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANYAND ALL CLAIMS (WHETHER AT LAW OR INEQUITY), LIABILITIES, DAMAGES (INCLUDING ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCLUDING DEATH), LOSSES, LIENS, CAUSES OFACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OFANYNATURE, KIND OR DESCRIPTIONARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO CONSTRUCTION OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCTA PHASED CFA, OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTIONS OF THE IMPROVEMENTS OR DEVELOPER'S CHOICE TO CONSTRUCT A PHASED CFA WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. DEVELOPER: PMB Ventana Developer South, LLC K. is 8al4d Name: K. Taylor Baird Title: Vice President City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57528 Page 4 of 4