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Home My WebLink About064248-A1 - Construction-Related - Contract - BKV North Texas, LLCDocusign Envelope ID: F52F8114-O8AD-48DF-9FCD-412F9E684246 CSC No. 64248-A1 FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE THIS FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE (this "Amendment") is made and entered into by and between the CITY OF FORT WORTH, a home-rule Municipal Corporation of the State of Texas, acting by and through its duly authorized City Manager or Assistant City Manager ("Purchaser") and BKV NORTH TEXAS, LLC, a Texas limited liabiliry company (the "Seller"), as of the date of both parties execution hereof ("Effective Date"). WITNESSETH: WHEREAS, Purchaser and Seller entered into that certain Contract of Sale and Purchase dated November 3, 2025 (the "A�reement") regarding the sale by Seller to Purchaser of approximately .52 acres of real property known as Lots 1, 2, 3A, 4A, and SA, Block 7 of the Crawford Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 204, Page 104, Deed Records of Tarrant County, Texas (TAD Account No. 00649120); and WHEREAS, Purchaser and Seller desire to amend the Agreement pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Purchaser and Seller hereby enter into this Amendment. 1. Recitals. The foregoing recitals are hereby affirmed by the parties as true and correct and each such recital is incorporated herein by this reference. Unless otherwise defined herein, capitalized terms used in this Amendment shall have the meanings ascribed to such terms in the Agreement. 2. Closin� Deadline. Section 7 of the Agreement is hereby deleted and the following is inserted in lieu thereof: Section 7. Closing Deadline. The closing ("Closing") of the sale of the Property by the Seller to Purchaser shall occur through the office of the Title Company on or before Apri13, 2026. 3. General. Except as expressly modified by this Amendment, the Agreement remains in full force and effect in accordance with its terms. In the event of any conflict between this Amendment and the Agreement, the terms of this Amendment shall control. This Amendment shall be binding upon and inure to the benefit of the parties hereto, and their respective successors, assigns, heirs and personal representatives. 4. Countemarts. To facilitate execution of this Amendment the parties may execute this Amendment in counterpart and exchange signatures by electronic delivery of a PDF copy of the executed Amendment (including by way of DocuSign or other similar electronic signature exchange software), which PDF copy shall be deemed valid and binding. [signature page follows] �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment To Contract of Sale And Purchase CSC No. 56308 APPROVED By Lega/ at 17:42 am, Jan 30, 2026 � Docusign Envelope ID: F52F8114-O8AD-48DF-9FCD-412F9E684246 IN WITNESS WHEREOF, the parties have executed this Amendment as of January 30th, 2026. SELLER: BKV NORTH TEXAS, LLC DocuSigned by: �S L�-(M�Vu�/1. By: �.. Name: Christopher P. Kalnin Title: Chief Executive Officer Date Executed: January 30th, 2026 PURCHASER: CITY OF FORT WORTH, TEXAS $y; Valer� ington (Feb 4, 2026 14:17:31 CST) Name: Valerie Washington Title: Assistant City Manager Date Executed: February 4 , 2026 �nn qo� Foa>�ad d° �� o9-lA�d Attest: o�= °_� °d,*�oo �°•d �n� 1� .,�-�es aaan nezAsaa � Jannette Goodall, City Secretary M&C: 25-0985 Date: 10/21/2025 APPROVED AS TO LEGALITY AND FORM /�� . • ��i� f `� Thomas R Hansen Assistant City Attorney 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. �!.�.. �,,., Marilyn Schoening Property Management Department flFFICIAL RECORD CITY SECRETARY FT. WORTH, TX -2- 10/23/25, 9:01 AM ACITY COUNCIL AGEND Create New From This M&C M&C Review DATE: 10/21/2025 REFERENCE NO.: **M&C 25-0985 LOG NAME: CODE: G TYPE: CONSENT PUBLIC HEARING: F�1RT�'�'URTH -�� 21 CPN 106120 1700 15TH AVE � SUBJECT: (CD 9) Authorize the Fee Simple Acquisition of Approximately 0.52 Acres of Property Located at 1700 15th Avenue, Fort Worth, Tarrant County, Texas 76102 from BKV North Texas, LLC in the Amount of $235,000.00, Authorize the Payment of Closing Costs in an Amount Up to $8,000.00 for a Total Cost of $243,000.00 for Future Expansion of the Adjacent Water Department Field Operations Facility, Adopt Appropriation Ordinance to Effect a Portion of Water Department's Contribution, and Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the fee simple acquisition of approximately 0.52 acres of property known as Lots 1, 2, 3A, 4A, and 5A Block 7, of Crawford Addition, an addition to the City of Fort Worth, Tarrant County, Texas and located at 1700 15th Avenue, Fort Worth, Texas 76110 from BKV North Texas, LLC for future expansion of the adjacent Water Department Field Operations Facility in the amount of $235,000.00; 2. Authorize the payment of estimated closing costs and appraisal fees in an amount up to $8,000.00; 3. Authorize the City Manager or his designee to accept the conveyance and execute and record the appropriate instruments; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Capital Projects Fund, in the amount of $243,000.00, from available PayGo residuals, for the purpose of funding the 15th & Daggett Ave Acquisition Project (City Project No. 106120) for the fee simple acquisition of 1700 15th Avenue, Fort Worth, Texas 76102 to effect a portion of the Water Department's contribution; and 5. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the fee simple acquisition of property located at 1700 15th Avenue (the Property) from BKV North Texas, LLC (BKV) for the purpose of expanding the footprint of the Water Department Field Operations Facility. BKV has agreed to sell the Property to the City of Fort Worth (City) for $235,000.00. The purchase price is supported by an independent appraisal. The mineral estate will not be acquired, and the deed will contain a surface use waiver for the exploration of the mineral estate. The real estate taxes will be pro-rated with BKV being responsible for taxes up to the closing date. The City will pay closing costs in an amount up to $8,000.00. A new survey will be acquired and the Water Department has agreed to replace an existing fence on the southern boundary of the Property if the new Survey reflects that the existing fence is not on the actual property line. Water Department will pay for the fence and has indicated they will use an existing City contract for the work. If necessary, the Water Department will appropriate future funds for the costs of the fence. Due to BKV's adjacent natural gas operations, BKV has requested a deed restriction requiring compliance with the City's Gas Well Ordinance set back provisions. Legal Description Purchase Closing Total Price Costs apps.cfwnet.org/cou ncil_packet/mc_review.asp? I D=33847&cou ncildate=10/21 /2025 1/3 10/23/25, 9:01 AM M&C Review Crawford Addition, Lots 1, 2, 3A, 4A, & 5A Block 7 $235,000.00 $8,000.00 $243,000.00 It is the practice of the Water Department to appropriate its Capital Improvement Plan throughout the Fiscal Year instead of within the annual budget ordinance as projects commence, additional funding needs are identified, and/or to comply with bond covenants. The actions of this M&C will appropriate funds to support the Water Department's portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program. Capital Fund Name 56002 - W&S Capital Projects Fund Project Name 106120 - 15th & Daggett Ave Acquisition $0.00 Authority This M&C Rec 4 Additional Project Appropriations Total $243,000.00 $243,000.00 Project $0.00 $243,000.00 $243,000.00 Total Funding is currently available from PayGo Residuals in the Unspecified All-Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding City Project No. 106120 to acquire property adjacent to the Water Department Field Operations Facility to support future, long- range expansion plans of the existing Water Department field operations. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified All-Funds project within the W&S Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund to support the acquisition of the property. Prior to an expenditure being incurred, the Property Management and Water Departments have the responsibility of verifying the availability of funds. TO Fund Department I Account Project Program Activity Budget Reference # Amount ' ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year I(Chartfield 2) , Submitted for City Manaqer's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Valerie Washington (6199) Marilyn Marvin (7708) Marilyn Schoening (7581) 1700 15th Avenue - Propertv Purchase FID Table (NN) (WCF 09.09.251.x1sx (CFW Internal) 21CPN 106120 1700 15TH AVE funds avail.docx (CFW Internal) CPN 106120 1700 15th AVE.pdf (CFW Internal) Existing Appropriations apps.cfwnet.org/council_packet/mc_review.asp?ID=33847&councildate=10/21 /2025 2/3 10/23/25, 9:01 AM M&C Review Form 1295 Certificate 101418503 (2),pdf (CFW Internal) ORD.APP 21 CPN 106120 1700 15TH AVE 56002 A025(4).docx (Public) PBS CPN 106120.pdf (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=33847&councildate=10/21 /2025 3/3 F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: BKV North Texas, LLC Subject of the Agreement: FIRST AMENDMENT TO CONTRACT OF SALE AND PURCHASE M&C Approved by the Council? * Yes ❑ No ❑✓ If �so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑✓ No ❑ 64248 If �so, provide the original contract number and the amendment number. Is the Contract "PermanenY'? *Yes 0 No ❑ If �unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: upon City signature Expiration Date: upon property purchase If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If �so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. CPN 106120 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processin� in the followin� order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.