HomeMy WebLinkAboutContract 59535-A1FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535 Page 1 of 5
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAGNOLIA LOFTS LTD.
Date Received: _______________City Secretary Contact No.: ___________
Time Received: _________________
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAGNOLIA LOFTS LTD.
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535
(“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”), and Magnolia Lofts Ltd., a Texas
limited partnership (“Developer”).
WHEREAS, the City and Developer entered into a Community Facilities Agreement for
the construction of public infrastructure Improvements for a project generally described as
Magnolia Lofts, City Project Number 103621 (“CFA”); and
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$87,938.28 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing to replace approximately 200 linear feet of an existing cast iron waterline with an 8"
PVC water line; and
WHEREAS, City and Developer desire to amend the CFA to reflect the City’s
participation in the CFA for replacement of the water main;
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. 59535:
1.
The CFA is amended to delete the following recital in its entirety:
“WHEREAS, the City is not participating in the cost of the Improvements or Project; and”
2.
The CFA is amended to add the following recitals:
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$87,938.28 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing to replace approximately 200 linear feet of existing cast iron waterline with an 8"
PVC water line (“City Participation”); and
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535 Page 2 of 5
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAGNOLIA LOFTS LTD.
WHEREAS, the City Participation includes reimbursement to Developer in an amount not
to exceed $87,938.28 for construction costs. The City is not participating in the cost of construction
inspection service fees, administrative material testing service fees, material testing fees, or water
lab testing fees; and
3.
Section 9 of the CFA is amendment to add subsection (h) which shall be and read as
follows:
(h) Developer shall ensure the contractors are paid the City’s wage rates in effect
during construction of the Improvements.
4.
Section 36 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.
5.
The CFA is amended to add Section 37, which shall be and read as follows:
37.
City Participation; Fiscal Funding Limitation.
(a) The City will reimburse Developer for construction costs in an amount not to
exceed $87,938.28. The City Participation shall not include any reimbursement to Developer for
construction inspection service fees, administrative material testing service fees material testing
costs, or water lab testing fees. The City shall reimburse Developer for the City Participation after
presentation of proper documentation by Developer to the City that the Improvements have been
constructed and accepted by the City and all contractors and material suppliers have been paid.
Developer must register as a vendor of the City in order for the City Participation to be paid to
Developer. The City Participation was calculated as follows:
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535 Page 3 of 5
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAGNOLIA LOFTS LTD.
(b) In the event no funds or insufficient funds are appropriated and budgeted or are
otherwise unavailable by any means whatsoever in any fiscal period for payments due under this
Agreement, then the City will immediately notify Developer of such occurrence and this
Agreement shall be terminated on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except to the portions of
annual payments herein agreed upon for which funds shall have been appropriated.
(c) Substantial completion of the Improvements shall occur after Developer’s
contractors notify the City that the Improvements are constructed and ready for their intended use,
the City and Developer’s contractors inspect the Improvements, and the City concurs that the
Improvements are substantially complete. This Agreement does not provide for any retainage to
be withheld from the City Participation.
6.
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.
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535 Page 4 of 5
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAGNOLIA LOFTS LTD.
IN TESTIMONY WHEREOF, the City and Developer have executed this instrument by
their duly authorized representatives to be effective on the date signed by the City’s Assistant City
Manager.
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date:
Recommended by:
Bichson Nguyen
Sr. 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
DEVELOPER
Magnolia Lofts Ltd.,
a Texas limited partnership,
by and through its general partner,
Magnolia Lofts GP, LLC, a Texas limited
liability company, by and through its
manager, Tarrant County Hospital District
Public Facility Corporation, a Texas
nonprofit public facility corporation
Name: Trent Petty
Title: Board Chairman
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.
Kandice Merrick
Contract Manager
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 59535 Page 5 of 5
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND MAGNOLIA LOFTS LTD.
Exhibit A
36.
Cost Summary Sheet
Project Name: Magnolia Lofts
CFA No.: CFA22-0007 City Project No.: 103621 IPRC No.: IPRC21-0146
Items Developer's Cost City's Cost Total Costs
A. Water and Sewer Construction
1. Water Construction $259,966.72 $87,938.28 $347,905.00
2. Sewer Construction $59,920.00 $0.00 $59,920.00
Water and Sewer Construction Total $319,886.72 $87,938.28 $407,825.00
B. TPW Construction
1. Street $97,328.00 $0.00 $97,328.00
2. Storm Drain $19,500.00 $0.00 $19,500.00
3. Street Lights Installed by Developer $164,324.00 $0.00 $164,324.00
4. Signals $0.00 $0.00 $0.00
TPW Construction Cost Total $281,152.00 $0.00 $281,152.00
Total Construction Cost (excluding the fees): $601,038.72 $87,938.28 $688,977.00
Estimated Construction Fees:
C. Construction Inspection Service Fee $23,500.00 $0.00 $23,500.00
D. Administrative Material Testing Service Fee $980.00 $0.00 $980.00
E. Water Testing Lab Fee $150.00 $0.00 $150.00
Total Estimated Construction Fees: 24,630.00$ $0.00 $24,630.00
Financial Guarantee Options, choose one Amount (Mark one)
Bond = 100% $688,977.00
Completion Agreement = 100% / Holds Plat $688,977.00
Cash Escrow Water/Sanitary Sewer= 125% 509,781.25$
Cash Escrow Paving/Storm Drain = 125% 351,440.00$
Letter of Credit = 125% 861,221.25$
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