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HomeMy WebLinkAboutContract 57832-A1City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57832 Page 1 of 4 Date Received: _______________City Secretary Time Received: _______________Contract Number: __________ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57832 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH, HPC WELLINGTON NANCE DEVELOPMENT CORPORATION, AND 170 NORTHSTAR RANCH DEVELOPER, INC. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57832 (“First Amendment”) is made and entered into by and between the City of Fort Worth a home- rule municipal corporation of the state of Texas (“City”), HPC Wellington Nance Development Corporation, a Texas corporation (“HPC”), and 170 Northstar Ranch Developer, Inc., a Texas corporation (“Northstar”), each acting by and through their duly authorized representatives. WHEREAS, the City, HPC, and Northstar entered into a Community Facilities Agreement for the construction of public infrastructure Improvements for a Project generally described as M- 584 Sewer Line, City Project Number 103521, City Secretary Contract Number 57832 (“CFA”); and WHEREAS, HPC’s contractor has constructed the Improvements pursuant to the CFA and the Improvements have passed all inspections; and WHEREAS, a portion of the Improvements are located in an easement that was obtained by Northstar on behalf of the City that was granted to the City by Fossil Creek Estates Homeowners Association, Inc. (“HOA”); and WHEREAS, the HOA has delivered to the City a Notice of Violation of Easement and Demand to Cure in connection with the gabions that were installed in two locations within the easement area; and WHEREAS, the City is negotiating with the HOA to replace the gabions with turf mats and the associated restoration of the surface; and WHEREAS, HPC desires to connect to and use the completed sewer line while HPC works with the City to secure a contractor to replace the gabions; and WHEREAS, City desires to memorialize the conditions upon which HPC may connect to and use the sewer; NOW THEREFORE, City, HPC, and Northstar, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends CFA as follows: City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57832 Page 2 of 4 1. Section 4 of the CFA is amended to add the following after the first paragraph: City has received a Notice of Violation of Easement and Demand to Cure from the Fossil Creek Estates Homeowners Association, Inc. (“HOA”) related to the gabions that were installed in two locations as part of the Improvements within the easement Northstar obtained on behalf of the City from the HOA. HPC must procure a new contractor, through a public bid process in accordance with the CFA Ordinance, to replace the gabions with turf mats approved by the HOA and restore the surface of the easement after the replacement work is completed (“Additional Work”). HPC must revise the Engineering Plans to address the Additional Work. After the public bid process is completed, the City Council must approve an amendment to his Agreement and appropriate the funds necessary for the Additional Work. The cost share for the Additional Work will be split with HPC paying 31.3%, Northstar paying 9%, and City paying 59.7%. City shall not be liable for the costs of the Additional Work until the City Council appropriates the funds necessary for the City’s share of the Additional Work. HPC and Northstar agree to amend this Agreement and the project manual after procuring the new contractor in connection with the Additional Work. City will not accept the Improvements being constructed pursuant to this Agreement until the Additional Work is completed, and inspected by and approved by the City. 2. Section 5 of the CFA is amended to add the following sentence after the first paragraph: Due to the requirement to replace the gabions, HPC and Northstar shall not reduce the financial guarantee to less than $218,327.67. After the public bids are received for the Additional Work, and the amendment to the CFA for the Additional Work is executed, the financial guarantee may be adjusted to coincide with the costs of the Additional Work and the cost share percentages so that HPC and Northstar provide a financial guarantee for 125% of the Additional Work. 3. Section 6 of the CFA is amended in its entirety to be and read as follows: This Agreement shall be effective on the date this Agreement is executed by the City’s Assistant City Manager (“Effective Date”). HPA shall complete construction of Segment 1 of the Improvements and obtain the City’s acceptance of Segment 1 by April 15, 2024 (“Term”). HPC shall complete construction of Segment 2 of the Improvements and the Additional Work, and obtain the City’s acceptance of Segment 2 and the Additional Work by January 1, 2025. If construction of the Improvements has started during the Term, HPC and Northstar may request that this Agreement be extended for an additional period of time (“Extension Period”). All Extension Periods shall be agreed to in writing by the parties as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement, plus any Extension Periods, be for more than three years. City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57832 Page 3 of 4 4. Section 38, Subsection (b)(13) of the CFA is amended in its entirety to be and read as follows: (13) Construction of Segment 1, Segment 2, and the Additional Work shall be completed and final accepted by January 1, 2025. 5. 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 the CFA. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 57832 Page 4 of 4 IN TESTIMONY WHEREOF, the City, HPC, and Northstar have executed this First Amendment 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 & Legality: Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A ATTEST: Jannette Goodall City Secretary HPC HPC Wellington Nance Development Corporation Ben Luedtke Executive Vice President Date: NORTHSTAR 170 Northstar Ranch Developer, Inc Kim Gill Vice President Date: 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 Diane Owen Development Manager