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HomeMy WebLinkAbout052337-A5 - Construction-Related - Contract - AIL Investment, L.P., Hillwood Alliance Residential, L.P., and Hillwood Multifamily Land, L.P.CSCO No. ____________ Transportation Impact Fee Credit Agreement-CA-17-012 A5 Page 1 of 5 Alliance Town Center North 10/27/2025 TRANSPORTION IMPACT FEE CREDIT AGREEMENT AMENDMENT AMENDMENT NO. 5 TO CITY SECRETARY CONTRACT NO. 52337 WHEREAS, the City of Fort Worth (“City”) and AIL Investment, L.P., a Texas limited partnership ("AIL"), Hillwood Alliance Residential, L.P., a Texas limited partnership ("HAR"), and Hillwood Multifamily Land, LP, a Texas limited partnership ("HML") (AIL, HAR and HML being collectively referred to herein as "Owner") made and entered into a Transportation Impact Fee Credit Agreement, City Secretary Contract No. 52337 (the "Agreement"); and WHEREAS, Amendment No. 1 (City Secretary Contract No. 52337-A1) to reallocate certain credits was executed on October 14, 2019; and WHEREAS, Amendment No. 2 (City Secretary Contract No. 52337-A2) to reallocate certain credits was executed on May 6, 2020; and WHEREAS, Amendment No. 3 (City Secretary Contract No. 52337-A3) to reallocate certain credits was executed on September 25, 2020; and WHEREAS, Amendment No. 4 (City Secretary Contract No. 52337-A4) to reallocate certain credits was executed on October 4, 2021; and WHEREAS, it has become necessary to execute this Amendment No. 5 to said Agreement to reallocate certain credits and replace Exhibit “C”with Exhibit “C-1”and replace Exhibit “F-4” with Exhibit “F-5”attached to this Amendment No. 5, NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement that amends the Agreement: 1. Recitals The recitals contained in this Agreement are true and correct as of the Effective Date and form the basis upon which the Parties negotiated and entered into this Agreement. 2. Exhibits Exhibit “C” to the Agreement shall be replaced with the Exhibit “C-1” attached hereto and incorporated herein by this reference. Exhibit “F-4” to the Agreement shall be replaced with the Exhibit “F-5”attached hereto and incorporated herein by this reference. 3. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. (Remainder of Page Intentionally Left Blank) Transportation Impact Fee Credit Agreement-CA-17-012 A5 Page 2 of 5 Alliance Town Center North 10/27/2025 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement to be effective as of the date subscribed by the City’s designated Assistant City Manager. CITY OF FORT WORTH, TEXAS _______________________________ Jesica McEachren Assistant City Manager Date: _________________ Recommended By: _______________________________ D.J. Harrell Director, Development Services Approved as to Form and Legality: _______________________________ Douglas Black Assistant City Attorney M&C: None required Form 1295: None required ATTEST: _______________________________ Jannette Goodall City Secretary OWNER: AIL Investment, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, its general partner By: Eric Elrod Senior Vice President Hillwood Alliance Residential, L.P., a Texas limited partnership By: Hillwood Operating, L.P., a Texas limited partnership, its general partner By: Hillwood Services GP, LLC, a Texas limited liability company, its general partner By: Eric Elrod Senior Vice President Hillwood Multifamily Land, LP, a Texas limited partnership By: Hillwood Multifamily Land GP, LLC, a Texas limited liability company, its general partner By: Mark McHenry Senior Managing Director Transportation Impact Fee Credit Agreement-CA-17-012 A5 Page 3 of 5 Alliance Town Center North 10/27/2025 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. _______________________________ Jennifer H. Roberts Assistant Director, Development Services Department Transportation Impact Fee Credit Agreement-CA-17-012 A5 Page 4 of 5 Alliance Town Center North 10/27/2025 EXHIBIT C-1 Transportation Impact Fee Credit Agreement-CA-17-012 A5 Page 5 of 5 Alliance Town Center North 10/27/2025 EXHIBIT “F-5” All credits remaining shall be allocated by HML on a first-come, first-served basis within the boundaries of the tracts identified as part of the Development Plan as depicted on Exhibit “C-1” and this Exhibit “F-5”; provided, however, that no development within the property shall have the right to utilize credits under this agreement unless HML (without the need for joinder by any other owner) submits to the city a written request or notice approving the use of credits for the applicable development.