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Home My WebLink AboutContract 60393-A1CSC No. 60393-A1 FIRST AMENDMENT TO PRE -DEVELOPMENT AGREEMENT This First Amendment to the Pre -Development Agreement ("First Amendment") is hereby made and entered into this $.1- day of February, 2024 ("First Amendment Effective Date"), by and between AFWP LLC ("Developer") and the Research and Innovation Local Government Corporation ("RILGC"). Collectively, Developer and RILGC hereinafter may be referred to as "Parties." Reference is made to that certain Pre -Development Agreement by and between the Parties, dated November 1, 2023 (the "Agreement"). All capitalized terms used but not defined herein, shall have the meanings ascribed to them in the Agreement. RECITALS: WHEREAS, on or about November 1, 2023, the RILGC and Developer entered into City Secretary Contract No. 60393, for the to develop a concept plan for the Research Development facilities associated with the Texas A&M Fort Worth Campus ("Project"); and WHEREAS, the RILGC and Developer now desire to (i) extend the term of the Agreement, (ii) add Development Parcels under evaluation, (iii) increase the total compensation in the Agreement in accordance with Resolution No. FWRILGC-2023-03, revise the scope of services, and (iv) otherwise modify the Agreement, all as more particularly set forth in this First Amendment. NOW, THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: Paragraph 1 - Development Parcels is hereby replaced in its entirety with the following: a. The land subject to development includes Block 2 (bound by Jones St, Calhoun St, 13th St and 14th St), block 4 (bound by Jones St, Calhoun St, 14th St and 15th St) and E 14th Street, between Calhoun Street and Jones Street. b. Block 2: Being all of Lots A and B, Block E-2, Daggett's Addition, an addition to the City of Fort Worth, Texas according to the plat recorded in Volume 388- 96, Page 16, Plat Records of Tarrant County, Texas, conveyed to the Board of Regents of the Texas A&M University System by Special Warranty Deed dated August 7, 2018, as recorded in Instrument No. D218174915, Deed Records of Tarrant County, Texas; and C. Block 4: All of Lots 1 thru 16, Block E-3, Daggett's Addition, an addition to the City of Fort Worth, Texas (unrecorded plat) situated in the J. Childress Survey, Abstract No. 250, Tarrant County, Texas, conveyed to the Board of Regents of the Texas A&M University System by Special Warranty Deed, dated August 7, 2018, as recorded in Instrument No. D218174915, Deed Records of Tarrant County, Texas; and d. (Tract O) Being all of Lots 19 through 22, Block D-1 of Daggett's Addition (an unrecorded subdivision) of Tarrant County, Texas, including any adjoining rights -of - way or roadways, being all of the tract of land deeded to the City of Fort Worth as recorded in Volume 2853, Page 39 of the Deed Records of Tarrant County, Texas, and also being OFFICIAL RECORD First Amendment to Pre -Development Agreement CITY SECRETARY Page 1 of 4 FT. WORTH, TX all of the tract of land deeded to the City of Fort Worth as recorded in Volume 2951, Page 383 of said Deed Records of Tarrant County, Texas; and e. (Tract P) Being all of Lots 9 through 11, and being a portion of Lot 12, Block K-2 of Daggett's Addition (an unrecorded subdivision), including any adjacent rights of way or roadway, and also being all of a tract of land deeded to the City of Fort Worth as recorded in Volume 2951, Page 354A of the Deed Records of Tarrant County, Texas; and f. Being all of Lots 1 through 8, and Lots 12 and 13, Block K-2 of Daggett's Addition (an unrecorded subdivision) of Tarrant County, Texas, including any adjoining rights -of -way and roadways, as conveyed by Right -of -Way Deed to the State of Texas as recorded in Volume 3154, Page 546 of the Deed Records of Tarrant County, Texas. 2. Paragraph 3.a. of the Agreement is hereby replaced in its entirety with the following: a. RILGC shall pay Developer for the services rendered pursuant to this Agreement an amount of Nine Hundred Fifty Thousand Four Hundred and 00/100 Dollars ($950,400.00), plus Developer service fees in the amount of Forty -Five Thousand, Six Hundred and 00/100 Dollars ($49,600.00). Developer shall not perform any additional services for the RILGC not specified by this Agreement unless the RILGC requests and approves in writing the additional costs for such services. RILGC shall not be liable for any additional expenses of Developer not specified by this Agreement unless RILGC first approves such expenses in writing. RILGC agrees all invoices of Developer are due and payable within thirty (30) days of receipt. The RILGC will endeavor to pay all invoices to Developer within fifteen (15) days of receipt. Should a portion of an invoice be contested by RILGC, payment of such contested amount, upon resolution, will be made within thirty (30) days after RILGC's receipt of the revised invoice. Amounts not contested shall be paid within thirty (30) days after RILGC's receipt of the revised invoice. Paragraph 3.d. of the Agreement is hereby replaced in its entirety with the following: a. Term. Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two hundred seventy (270) days from November 2, 2023. 4. Attachment "A" of the Agreement is hereby amended as follows: a. After the section entitled "Developer (60 — 120 days)" and before the section entitled "Concept Design Work Product Utilization", insert the following: Program of Requirements Validation and Concept Design Refinement (120-210 days) i. Together with the City and the Texas A&M University Systems (TAMUS) representatives, Developer shall meet with the proposed TAMUS affiliated user groups to assess the conceptual design completed by Developer's Architect and the conceptual cost studies prepared by Developer and its Contractor in order to validate the Program of Requirements initially provided by TAMUS. ii. Developer's team shall attend three review sessions with each of the TAMUS affiliated users, in meetings to be held during February and March 2024 to interview affiliated users and to assist in reassessing the Program of Requirements and to enhance the information available for the Program of Requirements in order to facilitate the next phase of development after the May 2024 Board of Regents meeting. iii. Developer shall update the Concept Design and the Concept Budget to reflect agreed upon changes to the Program of Requirements resulting from the three meetings in February and March 2024. 5. The Agreement and this First Amendment shall be read together and shall have the same effect as if the provisions of the Agreement and this First Amendment were contained in one agreement. Each and all other provisions of the Agreement not amended by this First Amendment shall remain unchanged and shall continue in full force and effect as provided in the Agreement immediately prior to the First Amendment Effective Date. In the event of any inconsistency between the terms of this First Amendment and the terms of the Agreement, the terms of this First Amendment shall control. 6. This First Amendment may be executed in one or more counterparts and delivered by facsimile or other similar electronic means. Any single counterpart or a set of counterparts executed, in either case, by all the Parties shall constitute a full, original, and binding First Amendment for all purposes. 7. The Parties hereby signify their agreement to the foregoing terms by executing this First Amendment where indicated below. IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duly authorized representatives on the day and First Amendment Effective Date above written. [Signature Pages Follow] RILGC: Research and Innovation Local Government Corporation By: Elizabeth Beck (Feb 27. 202410:40 CS7 Name: Elizabeth Beck Title: President Date: Feb 27, 2024 Approval Recommended: By: Name: Roger Venables Title: Aviation System Director Attest: By: Name: Jannette Goodall Title: City Secretary DEVELOPER: AFWP LLC pooaopp�Il P o� FORT�d o -O�-Id �o dVo 0=4 0o *�d aann nEXA54 By: Edgemoor Infrastructure & Real Estate LLC (vvio. U,- � Name: James R. Martin Title: Managing Director / Chief Development Officer Date: 2I23 I201.4 , 2024 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. By: 6wow— �• C9.11" Name: Brian Glass Title City Architect Approved as to Form and Legality: By: Name. John B. Strong Title: Senior Assistant City Attorney By: KDC Development LLC Name: AA_ .SCO_7�1 02NMt4 Title: V Date: Z — Z , 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Pre -Development Agreement Page 4 of 4