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HomeMy WebLinkAboutContract 52116-T1TERMINATION OF CITY SECRETARY CONTRACT NUMBER 52116 Page 1 of 2 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND QTS INVESTMENT PROPERTIES FORT WORTH, LLC Date Received: _______________ City Secretary Time Received: ______________ Contract No.: ____________ TERMINATION OF CITY SECRETARY CONTRACTNUMBER 52116 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND QTS INVESTMENT PROPERTIES FORT WORTH, LLC This TERMINATION OF CITY SECRETARY CONTRACT NUMBER 52116 (“Termination”), is made and entered into by and between the City of Fort Worth (“City”), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and QTS Investment Properties Fort Worth, LLC (“Developer”), a Delaware limited liability company, acting by and through its duly authorized representative. WHEREAS, City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure Improvements for project known as QTS Data Center, City Project Number 101966, City Secretary Contract Number 52116 (“CFA”); and WHEREAS, after execution of the CFA, Developer did not proceed with construction of the Improvements; and WHEREAS, Developer has submitted new engineering plans to the City for reviewed and approval; and WHEREAS, Developer has entered into a new community facilities agreement with the City for construction of public infrastructure improvements for the project; and WHEREAS, City and Developer desire to terminate the CFA as a result of Developer’s execution of the new community facilities agreement; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Developer agree as follows: 1. City Secretary Contract Number 52116 is hereby terminated. 2. Upon execution of this Termination, the City will refund to Developer the estimated material testing and inspection fees paid to the City in the amount of $30,199.36, and release the financial guarantee Developer provided to the City for the CFA. TERMINATION OF CITY SECRETARY CONTRACT NUMBER 52116 Page 2 of 2 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND QTS INVESTMENT PROPERTIES FORT WORTH, LLC IN WITNESS WHEREOF, the City and Developer have executed this Termination to be effective on the date signed by the City’s Assistant City Manager. CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Date: Recommended by: Dwayne Hollars Contract Compliance Specialist Development Services APPROVED AS TO FORM AND LEGALITY: Richard A. McCracken Sr. Assistant City Attorney M&C: N/A Form 1295: N/A ATTEST: Jannette Goodall City Secretary DEVELOPER QTS Investment Properties Fort Worth, LLC _______________________________________ Laney Marinich Executive Vice President, Development Date:____________________ Contract Compliance Manager: 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. Rebecca Owen Contract Compliance Specialist