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Home My WebLink AboutContract 58921-A1City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 1 of 12 Date Received: _______________City Secretary Time Received: _______________Contract Number: __________ FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58921 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND HPC WELLINGTON NANCE DEVELOPMENT CORPORATION This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 58921 (“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 HPC Wellington Nance Development Corporation (“Developer”), a Texas corporation. WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public infrastructure improvements for a Project generally described as Wellington Area 3 North Phase 1, City Project Number 103805, City Secretary Contract Number 58921 (“CFA”); and WHEREAS, Developer has begun construction of the Improvements pursuant to the CFA and Developer desires to split the work into two phases, Phase 1A and Phase 1B, in order to sell lots within Phase 1B to homebuilders; and WHEREAS, Developer has completed the construction of the Improvements within Phase 1A; and WHEREAS, Developer has submitted revised Engineering Plans to the City to split the Project into Phase 1A and Phase 1B; and WHEREAS, the City agrees the project may be split into two phases in accordance with the conditions set forth in this First Amendment; NOW THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends City Secretary Contract No. 58921: 1. Section 36 of the CFA is amended in its entirety to be and read as set forth in Attachment 1 of this First Amendment, which is attached hereto and incorporated herein by reference. 2. The CFA is amended to add Section 37 which shall be and read as follows: City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 2 of 12 37. Split of Project Into Two Phases Developer has split the engineering plans for the Improvements into two phases, Phase 1A and Phase 1B. The Phase 1A Improvements will continue to be constructed pursuant to this Agreement. The City has transferred $40,288.00 in estimated administrative material testing service fees, construction inspection service fees, and water testing lab fees that were paid in connection with this Agreement to the community facilities agreement for the Phase 1B improvements. 3. The CFA is amended to add Section 38 which shall be and read as follows: 38. Connection to M-584 Sewer Line The Improvements being constructed pursuant to this Agreement will be dependent upon the M-584 Sewer Line that was constructed pursuant to City Secretary Contract Number 57832. City is allowing Developer to use the M-584 Sewer in accordance with the provisions contained in City Secretary Contract Number 57832. The 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 in City Secretary Contract Number 57832 within the easement 170 Northstar Developer, Inc. (“Northstar”) obtained on behalf of the City from the HOA. The City has made the following agreement with Developer and Northstar in connection with City Secretary Contract Number 57832: (a)Developer 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”). (b)Developer 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. (c)The cost share for the Additional Work will be split with Developer 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. (d)Developer and Northstar have agreed to amend City Secretary Contract Number 57832 and the project manual after procuring the new contractor in connection with the City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 3 of 12 Additional Work. The City will not accept the Improvements being constructed pursuant to City Secretary Contract Number 57832 until the Additional Work is completed, and inspected by and approved by the City. 4. The CFA is amended to add Section 39 which shall be and read as follows: 39. Replacement of Completion Agreement and Removal of Final Plat Hold In order to obtain a final plat of the property for which the Improvements are being constructed, Developer intends to provide the City with an escrow agreement for the remaining Improvements to be constructed and terminate the completion agreement that was previously provided as the financial guarantee for the CFA. Upon execution of the escrow agreement by the City, Developer and the escrow agent, the City will release the hold on the final plat related to this CFA. Developer must obtain a release from the City of any other holds on the final plat before the final plat can be approved by the City and recorded in the Tarrant County property records. 5. The Location Map of the CFA is amended in its entirety to be and read as set forth in Attachment 2 of this First Amendment, which is attached hereto and incorporated herein by reference. 6. Exhibit A of the CFA is amended in its entirety to be and read as set forth in Exhibit A of this First Amendment, which is attached hereto and incorporated herein by reference. 7. Exhibit A-1 of the CFA is amended in its entirety to be and read as set forth in Exhibit A- 1 of this First Amendment, which is attached hereto and incorporated herein by reference. 8. Exhibit B of the CFA is amended in its entirety to be and read as set forth in Exhibit B of this First Amendment, which is attached hereto and incorporated herein by reference. 9. Exhibit B-1 of the CFA is amended in its entirety to be and read as set forth in Exhibit B- 1 of this First Amendment, which is attached hereto and incorporated herein by reference. 10. City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 4 of 12 Exhibit C of the CFA is amended in its entirety to be and read as set forth in Exhibit C of this First Amendment, which is attached hereto and incorporated herein by reference. 11. a.All other provisions of City Secretary Contract Number 58921 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 Number 58921. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 5 of 12 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 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 Date: Form 1295: N/A ATTEST: Jannette S. Goodall City Secretary DEVELOPER HPC WELLINGTON NANCE DEVELOPMENT CORPORATION, a Texas corporation Ben Luedtke Executive 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 ensuring all performance and reporting requirements. Rebecca Diane Owen Development Manager City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 6 of 12 ATTACHMENT 1 36. Cost Summary Sheet Items Developer's Cost A. Water and Sewer Construction 1. Water Construction 1,152,710.00$ 2. Sewer Construction 1,132,611.00$ Water and Sewer Construction Total 2,285,321.00$ B. TPW Construction 1. Street 2,720,525.00$ 2. Storm Drain 3,356,990.00$ 3. Street Lights Installed by Developer 345,154.00$ 4. Signals -$ TPW Construction Cost Total 6,422,669.00$ Total Construction Cost (excluding the fees): 8,707,990.00$ Estimated Construction Fees: C. Construction Inspection Service Fee $80,000.00 D. Administrative Material Testing Service Fee $48,412.00 E. Water Testing Lab Fee $3,000.00 Total Estimated Construction Fees: 131,412.00$ City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 7 of 12 ATTACHMENT 2 City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 8 of 12 EXHIBIT A City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 9 of 12 EXHIBIT A-1 City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 10 of 12 EXHIBIT B City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 11 of 12 EXHIBIT B-1 City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 58921 Page 12 of 12 EXHIBIT C