Loading...
HomeMy WebLinkAboutContract 60829-A1Date Received: 2/23/2024 Time Received: 8:31 a.m. City Secretary Contract No.: 60829-Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60829 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 60829 ("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 Phase 4D, City Project Number 104235; 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 60829; 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. 60829: 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 $691,897.79 guaranteeing Developer's obligation to complete construction of the water, paving, storm drain, and streetlights 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 Improvements. 2. The Completion Agreement is terminated. 3. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Amendment to City Secretary Contract No. 60829 FT. WORTH, TX a. All other provisions of City Secretary Contract No. 60829 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. 60829. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment to City Secretary Contract No. 60829 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 Su �2024d Dana Burghdoff (Feb 2024 CST) Dana Burghdoff Assistant City Manager Date: Feb 22, 2024 Recommended by: Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: Thomas Royce Hansen Assistant City Attorney M&C No. N/A Form 1295: N/A ATTEST: A Jannette S. Goodall City Secretary d4000n a4F F°°RT�ad 0 o � �O�-1 d � OvS o=d b aa� aEXA?o4- DEVELOPER [Signature on following page] 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. Rebecca Owen (Feb 21, 202418:31 CST) Name: Rebecca Diane Owen Title: Development Manager OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Amendment to City Secretary Contract No. 60829 FT. WORTH, Tx DEVELOPER HT HWY 114 DEVELOPMENT LP, a Texas limited partnership By: HT Hwy 114 Development LLC, a Delaware limited liability company, its general partner By: HT Hwy 114 LP, a Delaware limited Partnership, its sole member 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: Robert wine Robert Witte (Feb 21, 202416:06 CST) Robert W. Witte Senior Managing Director Date: Feb 21, 2024 Acknowledged by: L b�vif% Dustin Davidson (Feb 21, 202414:17 CST) Dustin Davidson Managing Director City of Fort Worth, Texas Amendment to City Secretary Contract No. 60829