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HomeMy WebLinkAboutContract 56954-A1Date Received: J a n 16, 2024 Time Received: 10:55 a.m. City Secretary Contract No.: 56954-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56954 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HINES WATERSIDE LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 56954 ("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 Hines Waterside LLC ("Developer"), a Delaware 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 Waterside Townhomes Phase 1, City Project Number 102794, City Secretary Contract No. 56954 ("CFA"); and WHEREAS, City and Developer executed a self -funded Completion Agreement as the financial guarantee for the Project ("Completion Agreement"); and WHEREAS, the CFA and the Completion Agreement are filed with the City Secretary under the same City Secretary Contract Number 56954; and WHEREAS, the Developer desires a one-year extension of the deadline to complete construction of the Improvements as authorized by the CFA Ordinance; and NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CFA: 1. Section 6 of the CFA is amended to add the following paragraph after the first paragraph: Developer and City agree to an Extension Period of one (1) year. Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements by January 5, 2025. 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 in the CFA. OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas FT. WORTH, TX Amendment to City Secretary Contract No. 56954 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 T>c� 5; Dana Burghdoff (Jan 2024 CST) Dana Burghdoff Assistant City Manager Date: Jan 16, 2024 Recommended by: Q ." Dwayne Hollars (Jan 15, 202416:37 CST) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Thomas Royce Hansen Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A ATTEST: Jannette S. Goodall City Secretary City of Fort Worth, Texas Amendment to City Secretary Contract No. 56954 DEVELOPER HINES WATERSIDE LLC, a Delaware limited liability company By: Hines Waterside Associates LP, a Texas limited partnership, its sole member By: Hines Interests Limited Partnership, a Delaware limited partnership, its General partner R019110 " W. WHO fllo Robert W. Witte (Jan 13, 2024 16:22 CST) Robert W. Witte Senior Managing Director Date: Jan 13, 2024 -146-4 GM 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. n Rebecca Diane Owen (Jan 15, 202417:28 CST) Name: Rebecca Diane Owen Title: Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX