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Home My WebLink About063945-A1 - Construction-Related - Contract - Traditions Investors, LLCDate Received:03/02/2026 Time Received:7:16 a.m. City Secretary Contract No.: 63945-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63945 A COMMUNITY FACILITIES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TRADITIONS INVESTORS, LLC This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 63945 ("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 Traditions Investors, LLC ("Developer"), a Texas limited liability company. WHEREAS, Developer is constructing a multifamily development known as Northwest Village in connection with final plat FP-24-039; and WHEREAS, the City and Developer entered into a Community Facilities Agreement for the construction of public sanitary sewer infrastructure improvements required for the development, Northwest Village Offsite Sanitary Sewer, City Project Number 106095, City Secretary Contract Number 63943 ("Parent Project"); and WHEREAS, City and Developer entered into a Community Facilities Agreement for the construction of onsite public sanitary sewer infrastructure improvements required for the development that will connect to and be dependent upon the Parent Project, Northwest Village Onsite Sanitary Sewer, City Project Number 105464, City Secretary Contract Number 63945 ("CFA"); and WHEREAS, Developer is negotiating offsite sanitary sewer easements necessary for the public infrastructure being constructed pursuant to the Parent Project; and WHEREAS, to avoid delaying the development, City has allowed Developer to begin construction of the private improvements while the offsite sanitary sewer easements are being negotiated by Developer with the property owners; and WHEREAS, the City and Developer desire to amend the CFA to reflect the conditions that must be met by Developer to obtain certificates of occupancy for the private buildings being constructed for the development; 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. 63945: 1. The CFA is amended to add Section 37 which shall be and read as follows: 37. Offsite Sanitary Sewer Easements; Certificates of Occupancy City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 63945 Page 1 of 4 :�7��[y►_1�:�XK�7:��7 �y � i-�.- � xy :� � r_� :�-i FT. WQRTH, TX City has issued Developer permits to allow Developer to begin construction of the foundations for the private buildings that will connect to and be dependent upon the public infrastructure being constructed pursuant to this Agreement. The City will not issue any certificates of occupancy or allow the occupancy of the private buildings until Developer: (a) obtains all offsite sanitary sewer easements necessary to construct the Improvements in the Parent Project; and (b) constructs all Improvements being constructed pursuant to the Parent Project and this Agreement and the City inspects and accepts ownership of the Improvements. BY CHOOSING TO BEGIN CONSTRUCTION OF THE PRIVATE BUILDINGS BEFORE THE OFFSITE SANITARY SEWER EASEMENTS ARE OBTAINED BY DEVELOPER, DEVELOPER ASSUMES ALL RISKS AND DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURY, (INCL UDING DEATH), OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED. DEVELOPER HEREBY EXPRESSLY RELEASESAND DISCHARGES CITYFROMANYAND ALL LIABILITYFOR DAMAGES, INCLUDING, BUT NOT LIMITED TO ANY AND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY (INCLUDING DEATH) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION OF THE PUBLIC OR PRIVATE IMPROVEMENTS OR DEVELOPER'S DECISION TO BEGIN CONSTR UCTION OF THE PRIVATE B UILDINGS BEFORE OBTAINING THE OFFSITE EASEMENTS NECESSARY TO CONSTR UCT THE PUBLIC IMPROVEMENTS IN THIS AGREEMENT. DEVELOPER, AT ITS SOLE COST AND EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, DEFEND PROTECT, AND HOLD HARMLESS CITY, AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER A T LA W OR IN EQ UITY), LIABILITIES, DAMA GES (INCL UDING ANYAND ALL ECONOMIC DAMAGES, PROPERTY LOSS, PROPERTY DAMAGES AND PERSONAL INJURIES INCL UDING DEA TH), L OSSES, LIENS, CA USES OF A CTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY OR IN ANY WAY RELATED TO: (1) CONSTRUCTION OF THE PUBLIC OR PRIVATE IMPROVEMENTS; (2) DEVELOPER'S CHOICE TO BEGIN CONSTRUCTION OF THE PRIVATE BUILDINGS BEFORE DEVELOPER OBTAINS THE OFFSITE EASEMENTS NECESSARYFOR THE PUBLICIMPROVEMENTS BEING CONSTRUCTED PURSUANT TO THISAGREEMENT; OR (3) BYREASONOFANYOTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY THE CONSTRUCTION OF THE PUBLIC OR PRIVATE IMPROVEMENTS OR DEVELOPER'S CHOICE TO BEGIN CONSTRUCTION OF THE PRIVATE IMPROVEMENTS BEFORE DEVELOPER OBTAINS THE EASEMENTS NECESSARY TO CONSTRUCTION THE PUBLIC IMPROVEMENTS IN THIS City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 63945 Page 2 of 4 AGREEMENT, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CA USED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. 2. a. All other provisions of City Secretary Contract Number 63945 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 Number 63945. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 63945 Page 3 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: 02/26/2026 Recommended by: L� OAos �el� �'1�J�� i 4.59.53 CSTj Leonel Rios Sr Contract Compliance Specialist Development Services Approved as to Forin & Legality: �� G[/�v�� Jessika Williams Assistant City Attorney M&C No. N/A Date: ozi�sizozs Form 1295: N/A ATTEST �q,�,ac#a, /� � J Jannette S. Goodall City Secretary q49 ��R� p oF FORt�s°a p'�'o ��°�9�0 C F'o 0�10 Pva e=d P�p'f ° �° �`i �aQ o �'EX ASo� p nbnnao44 DEVELOPER Traditions Investors, LLC, a Texas limited liability company By: MATRIX EQUITIES, INC., an Arizona corporation, its Manager Lc�vyY Millev I arry M�illor �Fob 19. �0�613�39-5� M51) Larry Miller Chief Executive Officer Date�2�19�2026 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 Compliance Manager �FFICIAL RECORD City of Fort Worth, Texas Amendment No. 1 to City Secretary Contract No. 63945 Page 4 of 4 CITY SECRETARY FT. WORTH, TX F�RT��RTHo City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Traditions Investors, LLC Subject of the Agreement: CFA - Amendment 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 ❑ 63945 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: Expiration Date: 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. Proj ect Number: If applicable. 105464 *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.