HomeMy WebLinkAboutContract 60372-A2City of Fort Worth, Texas
Second Amendment to City Secretary Contract No. 60372
Date Received: _______________City Secretary
Time Received: ______________Contract No.: ____________
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 60372
A COMMUNITY FACILITIES AGREEMENT AND COMPLETION AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND HTQ SAM REYNOLDS OWNER LP
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NUMBER
60372 (“Second 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 HTQ Sam Reynolds
Owner 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, Central
Phase 3C, City Project Number 103518 (“CFA”); 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 60372; and
WHEREAS, the City previously executed the First Amendment to the CFA to correct cost
estimates and the cost summary table, City Secretary Contract Number 60372-A1; 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 City Secretary
Contract Number 60372:
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 $93,117.48
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.
City of Fort Worth, Texas
Second Amendment to City Secretary Contract No. 60372
The Completion Agreement is terminated.
3.
a.All other provisions of City Secretary Contract No. 60372 which are not expressly
amended herein, shall remain in full force and effect.
b. All terms in this Second Amendment that are capitalized, but not defined, shall have the
meanings ascribed to those terms in City Secretary Contract No. 60372.
[SIGNATURES ON FOLLOWING PAGE]
City of Fort Worth, Texas
Second Amendment to City Secretary Contract No. 60372
IN TESTIMONY WHEREOF, the City and Developer have executed this Second
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 S. 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.
Name: Rebecca Diane Owen
Title: Development Manager
City of Fort Worth, Texas
Second Amendment to City Secretary Contract No. 60372
DEVELOPER
HTQ Sam Reynolds Owner LP,
a Texas limited partnership
By: HTQ Sam Reynolds GP LLC,
a Delaware limited liability company,
its general partner
By: HTQ Sam Reynolds LP,
a Delaware limited partnership,
its sole member
By: Hines Wildflower Ranch Associates LP,
a Delaware limited partnership,
its general partner
By: Hines Wildflower Ranch GP LLC,
a Delaware limited liability company,
its general partner
By: Hines Investment Management
Holdings Limited Partnership,
a Texas limited partnership,
its sole member
By:
Robert W. Witte
Senior Managing Director
Date:
ATTEST:
_____________________________
Dustin Davidson
Managing Director