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HomeMy WebLinkAboutContract 60375-A1Date Received: Aug 15, 2024 Time Received: 3:16 p.m. City Secretary Contract No.: 60375-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60375 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 60375 ("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 4A, City Project Number 104083; 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 60375; 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. 60375: 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 $3,774,948.52 guaranteeing Developer's obligation to complete construction of the remaining 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 remaining Improvements. 2. The Completion Agreement is terminated. 3. City of Fort Worth, Texas Amendment to City Secretary Contract No. 60375 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX a. All other provisions of City Secretary Contract No. 60375 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. 60375. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment to City Secretary Contract No. 60375 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 Dgvrq sat, ,andoff Dana Burghdoff (Aug 8, 02417:20 CDT) Dana Burghdoff Assistant City Manager Date: Aug 8, 2024 Recommended by: Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Richard McCracken (Aug 8, 202417:04 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. N/A Form 1295: N/A e6bF 444�onn�� goer Ba �� °o °°°°°°o oado ATTEST: cvo °9-+0 do=d % ./�ltnAu p�Qo 4� nEX 654p V Jannette S. Goodall City Secretary City of Fort Worth, Texas Amendment to City Secretary Contract No. 60375 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. Bichson Nguyen (for) rKug b!2024 09:46 CDT) Name: Rebecca Diane Owen Title: Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DEVELOPER HT HWY 114 DEVELOPMENT LP By: HT Hwy 114 Development LLC, its general partner By: HT Hwy 114 LP, its sole member By: Hines Hwy 114 LLC, its general partner By: Hines Hwy 114 Associates LP its sole member By: Hines Investment Management Holdings Limited Partnership, its general partner hbskt kV. GUIeeE Robert W. Witte (Aug 8, 2024 09:36 CDT) Robert W. Witte Senior Managing Director Date: Aug 8, 2024 ATTEST: , "Zea� T� aesL Dustin Davidson (Aug 8, 2024 08:49 CDT) Dustin Davidson Managing Director City of Fort Worth, Texas Amendment to City Secretary Contract No. 60375