HomeMy WebLinkAboutContract 61248-A1Date Received: Aug 27, 2025
Time Received: 8:57 a.m.
City Secretary
Contract No.: 61248-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 64248
A COMMUNITY FACILITIES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND FORESTAR (USA) REAL ESTATE GROUP INC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 61248
("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 Forestar (USA) Real Estate Group
Inc., a Delaware corporation ("Developer).
WHEREAS, the City and D.R. Horton — Texas, LTD. entered into that certain City
Contract Number 61248 Community Facilities Agreement dated April 10, 2024 for the
construction of public infrastructure Improvements for a Project known as Lone Star at Liberty
Trails Phase IA, City Project Number 104866 ("CFA"); and
WHEREAS, D.R. Horton — Texas, LTD. assigned Forestar (USA) Real Estate Group Inc.
all of its right, title and interest in the CFA by that certain Consent to Assignment of Community
Facilities Agreement (City Secretary Contract No. 61248) dated May 23, 2024; and
WHEREAS, Developer provided the City with a development bond as the financial
guarantee for the Improvements in the CFA; and
WHEREAS, Developer has agreed to use City inspectors to inspect the storm drainage
improvements along with the water and sewer improvements; and
WHEREAS, the City and Developer desire to amend the CFA to reflect the estimated
additional construction inspection service fees; and
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 61248:
1.
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.
2.
Section 14 of the CFA is amended in its entirety to be and read as follows:
14.
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY
First Amendment to City Secretary Contract No. 61248 FT. WORTH, Tx
Page 1 of 4
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees, and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Pursuant to the Amended
Development Agreement and the Utility and Infrastructure Agreement, inspections and testing of all other
improvements, except water, sewer and storm drain Improvements, shall be performed by inspectors
retained and paid for by the Brookfield Water Control and Improvement District of Denton County
("District"), or the property owner on behalf of the District, said inspectors to be approved by the City.
Copies of all inspection and testing reports shall be provided to the City by the Developer within five (5)
business days of the date of the inspection. The City shall have the right to test the Improvements at any
time and to participate in final inspection of all Improvements. Upon completion of the construction of
the Improvements, the City will reconcile the actual cost of administrative material testing service fees,
construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer.
If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer
must pay the difference to the City before the Improvements will be accepted by the City. If the actual
costs of the fees are less than the estimated payments made by the Developer, the City will refund the
difference to the Developer. If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the
City have been paid by the Developer.
3.
Section 15 of the CFA is amended in its entirety to be and read as follows:
15.
Material Testing
The City maintains a list of pre -approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtain proof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements. Pursuant to the Amended
Development Agreement and the Utility and Infrastructure Agreement, material testing of Improvements,
except for water, sewer and storm drain Improvements, shall be performed by inspectors retained and paid
for by the District, or the property owner on behalf of the District. Copies of all testing reports shall be
provided to the City by the Developer within five (5) business days of the date of the inspection. The City
shall have the right to test the Improvements at any time.
9
a. All other provisions of City Secretary Contract No. 61248 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. 61248.
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61248
Page 2 of 4
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
Jesica McEachern
Assistant City Manager
Date: Aug 26, 2025
Recommended by:
Dwayne Hollars
Sr. Contract Compliance Specialist
Development Services
Approved as to Form & Legality:
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Jackson Skinner
Assistant City Attorney
Aug 25, 2025 A4�40R gun
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Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61248
Page 3 of 4
DEVELOPER
Forestar (USA) Real Estate Group Inc.
-L�
Mark Walker (Aug 22, 2025 23:38:27 EDT)
Mark Walker
Executive Vice President and Chief
Operating Officer
Date: Aug 22, 2025
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.
jz�
Name: Kandice Merrick
Title: Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
36.
Cost Summary Sheet
Project Name: Lone Star at Liberty Trails Phase IA
CFA No.: 24-0005
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
City Project No.: 104866 IPRC No: 23-0064
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
Total Construction Cost (excluding the fees):
Estimated Construction Fees:
C. Construction Inspection Service Fee
D. Construction Inspection Service Fee (Storm Drain)
D. Administrative Material Testing Service Fee
E. Water Testing Lab Fee
Total Estimated Construction Fees:
Financial Guarantee Options, choose one
(Bond = 100%
(Completion Aqreement = 100% / Holds Plat
(Cash Escrow Water/Sanitary Sewer= 125%
(Cash Escrow Pavinq/Storm Drain = 125%
ILetter of Credit = 125%
City of Fort Worth, Texas
First Amendment to City Secretary Contract No. 61248
Page 4 of 4
Developer's Cost
$ 3,382,269.80
$ 2,406,213.00
$ 5,788,482.80
$ 5,700,757.75
$ 4,374,934.00
$ 833,984.39
$ 10,909,676.14
$ 16,698,158.94
$28,200.00
$31,200.00
$17,640.00
$3,690.00
$ 80,730.00
Choice
Amount (Mark one
$ 16,698,158.94I x
$ 16,698,158.94I
$ 7,235,603.50I
$ 13,637,095.18I
$ 20,872,698.68I