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Home My WebLink AboutContract 13000 I, I AMENDMENT TO CITY SECRETARY CONTRACT NO. 9660 STATE OF TEXAS § CITY SECRETARY COUNTY OF TARRANT § CONTRACT No.J- �� WHEREAS, on January 19, 1978, the City of Fort Worth and R. N. Horton, Inc. made and entered into City Secretary Contract No. 9660 for the installation of community facilities in the Woodmont Addition, an addition to the City of Fort Worth, Texas; and WHEREAS, said contract includes an Addendum executed January 19, 1978 to be included and construed as a part of said Community Facilities agreement; and WHEREAS, the parties to City Secretary contract No. 9660 desire to amend said contract to permit expansion of the drainage channel; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the City of Fort Worth, a home rule municipal corporation acting herein by and through Robert L. Herchert, its duly authorized City Manager, hereinafter referred to as "City", and R. N. Horton, Inc. , acting herein by and through R. N. Horton, its duly authorized President, hereinafter referred to as "Developer", do hereby covenant and agree as follows: 1. That City Secretary Contract No. 9660 on file in the office of the City Secretary of the City of Fort Worth, is hereby amended by deleting the addendum in its entirety and substituting the following addendum in lieu thereof: ADDENDUM The following constitutes an Addendum to be in- cluded and construed with and as a part of that certain Community FaAilitie; Agreement, heretofore entered into by and between R. N. Horton, Inc. , acting herein by and through Mr. R. N. Horton, its duly authorized Presi- dent, as Developer. , and the City of Fort Worth, a municipal corporation in Tarrant County, Texas, dated January 19, 1978 and designated as Contract No. 9660 in the office of the City Secretary of the City of Fort Worth, Texas. DFFICK RECORD I CITY SECRETA�RyY Ia. 'diu2 T3], TEX. The Developer and the City hereby agree as follows: A Developer agrees to convey by gen- eral warranty deed to the public a certain parcel of land approximately 15 acres in size out of Wooamont Addition, the said parcel of land being the shaded area as shown on the attached Exhibit "D" which is hereby incor- porated herein by reference for identifying the land to be so conveyed. Such conveyance of said parcel to the City shall occur no later than thirty (30) days after approval of this addendum by the City Council of the City of Fort Worth. B. Developer argrees iee eiteeete ar, AssIgnment -__f his rright, tt±tl:e-5 a be any and all eaeses ef aetleft w-hie 99 the G9aGt4;Uet!qR e-f �ag13 said—tea MIT tZ 'JIM �V TOO, _Mire- etn- G el as agreed abG*e par44:es In a '9'e A -a-m-in, 6, Paelli-t4ee_B APRt- GeMM14 - &ateel janeary 19, 1948. Developer Par-'�er- agrees te -eeeperzate Pally wlth -4�he Gity ef- Pert Werth she'ald Gity deelde te 4!.6s f4:Ejhts tinder said h5s4:gnment. eEatlen 9:1-tall ineltiele-1 but net be 44mlteel t-e-, ea4A Develeper pravlding all neeessai-y eleeia Rents, faeieeranda anel PaL=t-her C. City agrees to maintain or cause to be maintained said parcel to be so conveyed from the date of the approval of this addendum by the City Council of the City of Fort Worth. D. In consideration for the covenants herein stated, Developer is released from any and all obligations to construct or maintain bicycle trails or bridges in the subject area as shown on Exhibit "D". 2. This Addendum and the above described Contract No. 9660, constitutes the entire agreement by and between the parties pertaining to the development of wooamont Addition in the City of Fort Worth, Texas, and all inconsistent provisions are to be considered null and void, no other prior or contemporaneous, oral or written agreement exists to alter or amend the terms of said City Secretary Contract No. 9660 and this addendum. 3. It is expressly understood and agreed that neither the City nor Developer shall forfeit or waive by execution of this aaden- -2- dum any cause of action either party to this addendum may have against the other party. 4. Venue of any action brought hereafter shall be in Tarrant County, Texas. Executed in quadruplicate at Fort Worth, Texas, this the day of 1982. IN WITNESS WHEREOF, the parties hereby execute this agreement in quadruplicate originals on this the .121 day of 1983. ATTEST: CITY OF FORT WORTH City Secretary iio � He rc� City Manager APPROVAL RECOMMENDED: ,212 Park and creation-D rec r �w APPROVED AS TO FORM AND LEGALITY: City Attorney DEVELOPER: R. N. HORTON, INC. Date: By: President -3- APPROVED BY CITY COUNCIL C-- 0202..% City Secretary 2:J-0--L' Date City of Fort Worth, Ee.xas Mayor and Council Communication DATE REFERENCE SUBJECT: Amendment City Secretary PAGE NUMBER Contract No. 9660 - 2 3/30/82 C-6229 Woodmont Addition 1 of __ On December 27, 1977 (M&C C-4038) , the City Council authorized the City Manager to execute a community facilities agreement with R.N. Horton, Inc. On Janu- ary, 19, 1978, the City of Fort Worth and R.N. Horton, Inc. , entered into City Secretary Contract No. 9660 for the installation of community facilities in the Woodmont Addition. The contract includes an Addendum also executed on January 19, 1978, which is included as a part of the community facilities agreement . Subsequent to the executing of City Secretary Contract No. 9660, the parties desire to amend said contract by deleting the addendum in its entirety and sub- stituting the following addendum to permit expansion of the drainage channel. Addendum The following constitutes an Addendum to be included and construed with and as a part of that certain Community Facilities Agreement , heretofore enter- ed into by and between R.N. Horton, Inc. , acting herein by and through Mr. R.N. Morton, its duly authorized President , as Developer, and the City of Fort Worth, a municipal corporation in Tarrant County, Texas, dated January 19, 1978, and designated as Contract No. 9660 in the office of the City Secretary of the City of Fort Worth, Texas. The Developer and the City hereby agree as follows: A. Developer agrees to convey by general warranty deed to the public a certain parcel of land approximately 15 acres in size out of Woodmont Addition, the said parcel of Land being the shaded area as shown on the attached Exhibit "D" which is hereby incorporated herein by ref- erence for identifying the land to be so conveyed. Such conveyance of said parcel to the City shall occur no later than thirty (30) days after approval of this addendum by the City Council of the City of Fort Worth. B. Developer agrees to execute an Assignment of his right , title and in- terest in and to any and all causes of action which have or may arise out of the construction of an eight (8' ) foot wide bike and hike trail through said parcel as agreed upon by the above parties in a prior Addendum to the aforementioned Community Facilities Agreement dated January 19, 1978. C. City agrees to maintain or cause to be maintained said parcel to be so conveyed from the date of the approval of this addendum by the City Council of the City of Fort Worth. This addendum and the above described Contract No. 96f0, consttitutes the entire agreement by and between the parties pertaining to the development of Woodmont Addition in the City of Fort Worth, Texas, and all inconsistent provi- sions are to be considered null and void, no other prior or contemporaneous, DATE REFERENCE SUBJECT: Amendment City Secretary PAGE NUMBER Contract No. 9660 - Woodmont Addition 2 °� 2 oral or written agreement exists to alter or amend the terms of said City Sec- retary Contract No. 9660 and this addendum. Recommendations It is recommended that the City Manager be authorized to execute the amended Community Facilities Agreement with R.N. Horton, Inc. VS:Jg SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: 0 APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Joe Bilardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Jack Tuomey, Ext. 8178 DATE