HomeMy WebLinkAboutContract 57793-A1City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 57793
Page 1 of 3
Date Received: _______________City Secretary
Time Received: _______________Contract Number: __________
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57793
AN ESCROW AGREEMENT BETWEEN THE CITY OF FORT WORTH,
HPC WELLINGTON NANCE DEVELOPMENT CORPORATION,
170 NORTHSTAR RANCH DEVELOPER, INC., AND BENCHMARK TITLE, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 57793
(“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”), 170 Northstar Ranch Developer, Inc., a Texas
corporation (“Northstar”), and Benchmark Title, LLC, a Texas limited liability company
(“Escrow Agent”), 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, the City, HPC, Northstar, and Escrow Agent entered into an Escrow
Agreement as the financial guarantee for the CFA, City Secretary Contract Number 57832
(“Escrow Agreement”); 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;
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 57793
Page 2 of 3
NOW THEREFORE, City, HPC, Northstar, and Escrow Agent acting herein by and
through their duly authorized representatives, enter into the following agreement, which amends
the Escrow Agreement as follows:
1.
Section 9 of the Escrow Agreement is amended to add subsection (f) to be and read as
follows:
(f) Notwithstanding anything to the contrary herein, the Security Funds shall not be reduced
to less than $218,327.67 because HPC is required to hire a contractor to replace the gabions
that were installed pursuant to the Community Facilities Agreement within an easement
granted to the City by Fossil Creek Estates Homeowners Association, Inc. with turf mats
and restore the surface of the easement after the replacement work is completed.
2.
a.All other provisions of the Escrow Agreement 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 Escrow Agreement.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth, Texas
Amendment No. 1 to City Secretary Contract No. 57793
Page 3 of 3
IN TESTIMONY WHEREOF, the City, HPC, Northstar, and Escrow Agent 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
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
HPC
HPC Wellington Nance Development
Corporation
Ben Luedtke
Executive Vice President
Date:
NORTHSTAR
170 Northstar Ranch Developer, Inc
Kim Gill
Vice President
Date:
ESCROW AGENT
Benchmark Title, LLC
Date: