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HomeMy WebLinkAboutContract 49831 CITY SECRETARY l l CONTRACT NO. l I TRANSPORTATION IMPACT FEE CREDIT AGREEMENT THIS TRANSPORTATION IMPACT FEE CREDIT AGREEMENT (the "Agreement") is made and entered into effective as of the Effective Date (as defined below),by and among THE CITY OF FORT WORTH,TEXAS (the"City"),a Texas home rule municipal corporation, and Fort Worth Everman/Risinger Development, LLC, a Texas limited liability company authorized to do business in Texas (the "Owner") (the City and the Owner a "Party", and collectively, the "Parties"). RECITALS WHEREAS,the Owner is the owner of approximately one hundred ten (110)acres in Tarrant County, Texas, as described by metes and bounds in Exhibit "A" (the "Property") located within the corporate boundaries of the City. A map of the Property showing its location is attached hereto as Exhibit "B"; and WHEREAS, the Owner desires to proceed with development of the Property as described or illustrated on the Development Plan, attached hereto as Exhibit"C",which Development Plan identifies the intended land uses in relation to the layout of on-site and off-site transportation facilities necessary for serving full development of the Property; and WHEREAS, the City has adopted a Transportation Impact Fee program pursuant to Texas Local Government Code Chapter 395, Ordinance No. 18083, under which charges ("impact fees") are imposed on new development for transportation facilities serving the development and which are identified within the City's adopted transportation improvements plan; and WHEREAS, transportation impact fees must be collected and spent within the service area(s) in which the new development is located; and WHEREAS,the Property is located within service area Z; and WHEREAS, the transportation facilities shown on the Development Plan are identified within the City's adopted transportation improvements plan; and WHEREAS, Ordinance No. 18083 Section 1-15 provides for credits against impact fees for dedication or construction of transportation improvements shown on the adopted transportation improvements plan; and g10 OFFICIAL RECORD It, RECEIVED CITY SECRETARY CIO In N I`'7 2011w FT.WORTH,TX �- A o Transportation Impact Fee Credit Agreement CITY OF FORT WORTf{� CITYSECRETgRy c'► Southland Business Park 6 �Lyel LL co 6 WHEREAS, Owner agrees to dedicate and construct the transportation improvements shown on the Development Plan in exchange for credits against future transportation impact fees; and WHEREAS,Owner will submit a final plat to the City for approval, for which the dedication and construction of the transportation improvements shown on the Development Plan will be complete; and WHEREAS, based on the anticipated traffic impacts from the development, the City and Owner contemplate the necessity for the construction of system facilities,which must be credited against transportation impact fees otherwise due;and WHEREAS, the City, in accordance with Chapter 395, has determined the maximum transportation impact fees to be charged against new development within service area Z to be $2,962 per service unit (vehicle-miles of demand); and WHEREAS, the Owner has received the following preliminary plat (or concept plan) approval: Southland Business Park Addition,PP-16-061; and WHEREAS, the Owner has filed and recorded the following final plats: Southland Business Park Addition, FP-17-003, by instrument D217177927 in the Tarrant County Real Property Records; and WHEREAS,the Owner has received approval for construction plans and executed Community Facilities Agreements for the following: West Everman Parkway, City Secretary Contract No. 49456, City Project No. 100880. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the Owner hereby covenant and agree as follows: 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. Transportation Improvements. Owner agrees to dedicate the rights-of-way for and construct the system facilities identified in Exhibit"D", which is attached hereto and incorporated herein by reference. For any transportation improvement which has been dedicated or constructed by Owner on the Property and accepted by the City prior Transportation Impact Fee Credit Agreement Page 2 of 14 Southland Business Park to execution of this Agreement, the improvement shall be identified as completed on Exhibit "D". 3. Credits. The Parties agree that the estimated value of the credits for each transportation improvement,expressed in current dollars, shall be as set forth in Exhibit "E". The value of credits associated with the improvements first shall be reduced by the Schedule 2 impact fee associated with any lot for which a building permit has previously been issued, and the net value of credits shown on Exhibit "E" shall be considered as exact. 4. Phasing. The Parties acknowledge that, where it is anticipated that the project shall be developed in phases, the anticipated construction of improvements by phase shall be as depicted in Exhibit "D", which is attached hereto and incorporated herein by reference. 5. Allocation of Credits by Phase. The general allocation of credits to each phase of the development shall be as shown on Exhibit"F",which is attached hereto and incorporated herein by reference. The Parties agree that the credits identified in this Agreement shall not be deemed to have been created until the system facility for which credit is given shall either be guaranteed through an executed Community Facilities Agreement or approved and accepted by the City. The Parties further agree that, prior to the application of a credit against transportation impact fees otherwise due for any unit of development; the following events shall take place: (a) The Parties have entered into a Community Facilities Agreement for the dedication or construction of the system facility; (b) The number of credits resulting from such improvement has been valued; and (c) Concurrent with final plat approval, a credit allocation shall be provided by the developer for the phase of development to which the credit is to be applied,which allocation may either assign the credit,expressed in dollars,to each finally platted lot or may create a credit-pool to be utilized by that phase of development. (d) To the extent that any credit balance remains after allocation of credits this Agreement may be amended to allocate such unused credits to subsequent phases of the development. 6. Proportionality. Owner agrees that the obligation to dedicate and construct improvements to serve the development shown on the Concept Plan, as provided in section 2 of this Agreement, and the credits against transportation impact fees attributed to such contributions and generally allocated to phases of the Transportation Impact Fee Credit Agreement Page 3 of 14 Southland Business Park development herein, are roughly proportionate to the nature and extent of the development shown on the Concept Plan. 7. Term and Effective Date. The initial term of this Agreement shall be ten (10) years from its Effective Date, in accordance with Ordinance No. 18083, which shall be the date on which the last party executes the Agreement. 8. Agreement to Run with the Land. Owner shall have the right to assign this Agreement to any person or entity ("Owner's Assignee") with the written consent of the City, provided: (a) the assignment is in writing executed by the Owner and its assignee;and (b) the assignment incorporates this Agreement by reference and binds the Owner's Assignee to perform (to the extent of the obligations assigned) in accordance with this Agreement. Each Owner's Assignee shall become a Party to this Agreement upon the execution of such assignment. In no event may this Agreement be construed to authorize assignment of any credits attributable to a system facility to be dedicated or constructed hereunder for use outside the boundaries of the Property. 9. Amendment. This Agreement shall not be modified or amended except as follows: (a) Any amendment or modification to this Agreement or any Exhibit or schedule hereto shall be in writing and signed by the Parties. (b) Any revision, amendment, or modification to this Agreement, the Development Plan, or any Exhibit or schedule thereto, shall become effective on the date executed by the Parties or,as applicable,upon the date of approval by the City Council or designated city official. 10. Exhibits. The exhibits attached to this Agreement are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. (Remainder of Page Intentionally Left Blank) Transportation Impact Fee Credit Agreement Page 4 of 14 Southland Business Park IN WITNESS WHEREOF, the undersigned parties have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager. CITY OF FORT WORTH,TEXAS OWNER Fort Worth Everman/Risinger Development, LLC a Texas Texas limited liability company Fernando Costa Assistant City Manager Edward P. Roski,Jr. President and Chairman of the Board Date: /Z�) z" /17 Date: 6 Recommended y: Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and andle arwood administration of this contract, including Director,Planning and Development ensuring all performance and reporting requirements. Approved as to Form and Legality: ie Westerman cvoj�,> Graduate Engineer Douglas Black Assistant City Attorney M&C: None required ATTEST: Fo Mary J. Kays OFFICIAL RECORD City Secretary CITY SECR"ARy AS FT. WORTH, TX Transportation Impact Fee Credit Agreement Page 5 of 14 Southland Business Park EXHIBIT LIST "A" Description of the Property "B" Map of Property "C" Development Plan "D" Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits Transportation Impact Fee Credit Agreement Page 6 of 14 Southland Business Park EXHIBIT A Description of Property =ti�i i !!1!1% ! ��; it i►il• i' ►IilEr ! 1 �„ tl�li,1� 1 t! ' 1 m !� ► � �,r ill ff ,t� 4; . +i .� •111�y,Y,,,� tY''-- � � o � ! !! � ttf1 1 t ti, li St ° 1 t. tr% %ii••S ! !1%,1 t t.,..o...... .tl 4 iN! Lav tc'� 1' t ,: e ;,! ;� l( ras rlr�,�l,►�%l l�111 t�l�}��;i,� ��kl i t+ I i ; .�.,_��;�--- . -, -- —- }I4 �i+t ii'i�it1 i'i�ti I t !11't1 1�ril�F �i �!t'l� � /` �...: �— �p �I �'�1� 'tt •�' �il • i !!t!l I�i,a tl�;I,rt,�h 141t�i�!1tl 1!!%iltq;L a��%tai%►�tl . f !� , �:� �. i-,_ i E � ► 'r' lit �!i ,, it ii,1 fi�q i°t�l flit i. tt ,.y — - 1 E ��t: I! '11! t ,�t° ►',t `L y ?. it 1= .1 Ilk ,10tI ' % LU �_ -- m.s I,,� NI Yid I 1! �� t► i l �i±?l, :art ► :,�� � i i4�l�tf 'I Ilh{ :I `�,4� Citi i' ��► �!, sl+lti�.�11E1�1 °l -_....!i Y .. j� ,•, '!; �°! tit _�: ..- -"�'���,._-- ���e-�=�:�:.-- --= .�- --" �1 +� ��i t{ - ' _� ��.,.�^^"�"_"'�..-- i� ��I �`•^��',' ��, �l�t j�1;' it� ��. - I t i it I! t y11t iill iJ i t t l 1� �'F , � ! .,�.. ►'�I ,fir lii�,�l I!!�l� Transportation Impact Fee Credit Agreement Page 7 of 14 Southland Business Park cn a oo THE CITY OF FORT WORTH o COST EXHIBITS 7 PUBLIC IMPROVEMENTS TO SERVE W. EVERMAN PARKWAY W rt eD svc OkF A ti e ryprt t t -H 41t SCALE:1=2000' O }t PROJECTtz LOCATION fN CL R[S41GER c k151MGtR �' FORTWORTH SITE LOCATION MAP Ki m I re >>) Horn o K G O p' w C Q VIC.-YAP rD WSITC.'F "` � c+ a...,_.1 �RqY KDdU�� ' '°� ws.;� _ �SSS�.:+�'..".:��`:�.�-".._..,.►w (L C.r�4£'_I'iSG. 11 �,�-, �) ACRGS ♦" I '-_�'_' rt ua T.nuac r r:. pip' __ � `' . i ,�-'---._._.:.:.-�=---- -w=----- a,� r�.�_.r -•----r-.r.__.._,__._-�.� eo til � '� I..:::.'��T'� r r•�.."'�y.,.� r rt Ott— P O B I �—��.- -�-PPioTa I- I M 132 uo Sari. _i �WC SiL 31dy 9 Iaw oeolu� `li "Jt�� 1 IN It i -- I l` - =- -a �i PRELWINARYPAT t LOT 1Jl,LOT T%.LOT S.BLOG1(I --ILA i11 i ---'- I GOUT.—DBUS1.9-PMR ADDITION I —tESJ-SCOWSURYEY,ApJbad No.INYdi r-.fir 1 T GEORGE—LTON SURVEY,M -TSI! F CRY OF FORT WORTH f yyTA.�RRANT COUNTY.TEMS Horn S rD 0 M N IP EXHIBIT D Transportation Improvements V1 W O Ti Q Z W r LU pp Aa z � � a 3 Q oYc 1/1 Q wow, r W N - uC N G C 0 CCd W S G N fC0 � C � 'C Mc �tN a r = 3 0 O W N _ tj 2 m U = 10 p1 4 L' c d � d •m W W ,nH.No V ` E MW an•�1 *r �` W W Transportation Impact Fee Credit Agreement Page 10 of 14 Southland Business Park EXHIBIT E Credits Against Transportation Impact Fees Net Credit Value of Capacity Provided City Project# Plat Case# Eligible Arterial Value 100880 FP-17-003 West Everman Parkway 5 396,552.27 Value of ROW Dedication Instrument# Plat Case# Eligible Arterial Value D217177927 FP-17-003 West Everman Parkway ; 137,190.83 Value of Existing Demand ;Net Credit Available S 533,743.!4 Transportation Impact Fee Credit Agreement Page 11 of 14 Southland Business Park Paving � Description Unit Quantity 8w* Unit Price 1 Remove Asphalt Pvmt SY 578 578 5 7.60 S 4,392.80 2 W-12'Tree Removal EA 3 3 $ 800.00 S 2,400.00 3 Unclassified Ewavation by Plan CY 6,100 6,100 $ 13.00 $ 79,300.00 4 SWPPP 21 acre LS 1 1 $ 9,439.94 S 9,439.94 5 Hydrated Lime TM 141 141 $ 162.81 S 22,956.21 6 8"Lime Treatment SY 5,885 5,885 $ 630 S 37,075-50 7 9"Conc Pvmt SY 5,605 5.605 $ 76.00 $ 425,980-00 8 4"Conc Sidewalk SF 15,580 15,580 $ 434 $ 67,617-20 9 Barrier Free Ramp,Type P•1 EA 2 2 S 1,900.00 S 3,900.00 10 4"SLD Pvmt Markin HAS W LF 256 256 $ 1.68 $ 430.08 11 4"BRIO Pvmt Markin HAS W LF 3,491 3,491 $ 1.68 $ 5,864.88 12 Topsoil CY 912 912 $ 30.00 S 27,360.00 13 Seeding,Hydromulch SY 9,074 9,074 $ 1.30 S 11,796.20 14 Traffic Control M0 4 4 $ 2,500.00 $ 10,000.00 15 6"Conc Curb and Gutter LF 175 175 $ 30.00 $ 5,250.00 16 Remove Fence LF 20 20 $ 20.00 $ 400.00 17 Remove Sign Panel and Post EA 1 1 $ 650.00 $ 650.00 Pawim Subtotal 714 712.81 Paving 1Description Unit Quantity � Unit Price CterlitAvallable 1 Trench Safety EA 244 244 S 3.90 S 95L60 2 24"RCP,Class III EA 215 215 S 115.00 $ 24,725.00 3 27"RCP,Class III EA 29 29 $ 150.00 $ 4,350.00 4 10'Recessed Inlet SY 1 1 $ 5,100.00 S 5,100.00 5 15'Recessed Inlet SY 1 1 $ 7,210.00 $ 7,210.00 Subtotal $ 42,336.60 Stone Drain Ratio for Arterial Streets 48% Stone Drain Subtotal S 20,414.09 Street Lighting iNo Description Unit Quantity QuantlkQuantity Unit Price CtecktAvallable 1 LED Lighting Fixture EA 8 8 $ 1,100.00 $ 8,800.00 2 LED Lighting Fixture(City Provided, EA 7 7 5 300.00 $ 2,100.00 Developer Installed 3 Rdwy Ilium TY 8 Pole(City Provided, EA 2 2 $ 6,000.00 S 12,000.00 Devlo er Installed Street Ughtinz Subtotal S 12 000.00 Storm Drain Subtotal S 20,414.09 Paving Subtotal $ 714,712.81 Street Ughting Subtotal S 12 000.00 CONSIFAKT10NSUBTOTAL $ 747,128.40 Other Eligible Items Descript5im Engineering,Surveying and Material Testing 20% of Pav+ng&Storm Drain 6 149,425 38 Less City participation(Tarrant County funding) $ (500,000.00) otal Value of Capacky Provided $ 396,552.27 Transportation Impact Fee Credit Agreement Page 12 of 14 Southland Business Park Arterial Contribution to Total Storm Water Flow Risinger Rd-DOE 5323 DMinaW Quo DrA�a Qua Area A-1 2a 9.70 Arterial A-13a 6.50 Arterial A-12b 6.20 Development A-13a 6.80 Arterial A-13a 6.80 Arterial A-14 3.00 Arterial A-13b 12.70 Development B-1 3.70 Arterial A-14 3.00 Arterial TOTAL 20.30 = 48.22% of total storm water runoff B-1 3.70 JArterial TOTAL 42.10 Rift-of-Way Valuation for W Everman Pkwy ROW Valuation Based on Adopted Transportation Improvements Plan Everman Parkway Z-1,X-7 Estimated Construction Costs from Transportation $3,269,000.00 Improvements Plan Value of Total Project Right-of-Way(209'.of $657,800.00 Construction Cost) Total Project Right-of-Way(SF) 327,800 Right-of-Way Value Per Square Foot $2.01 ROW Valuation Based on TAD Value,as of 9/7/17 TAD Account 042240661 04596110 Total Area(SF) 1,050,667 1,378,108 Appraised Value $ 144,720.00 S 316,370.00 Value per Square Foot $ 0.14 S 0.23 Refit-of-Way Dedication est Everman Parkway FP-17-003 Area Right-of-Way Dedication(sq ft) 68,366 Applied value per square foot $2.01 Right-of Way Value $137,190.83 otAl CreditAvmIeW 5253,32123 Transportation Impact Fee Credit Agreement Page 13 of 14 Southland Business Park O H G � O I I 1 Cd �. � O cvimuu:,e,os� cMlrnr`�"n I Cor 1,aoal �• �, � ��',`�, »,A,z..,:v.�.";�. ���"� NORTH .��' GRAPHIC SCALE IN FEET n 0 200 400 80 Q. •�1 / / � f////// /. / p>1RONA�W W IY —M.2=4 C TURE O rt " Henn ICDry C inmomt /• ov AU Cwj /" / Q 3 D�mmrE. f�LWLOT'S J.O (1 �w MIMTCnfDMFA / 1pq�DS Au fUFtN �1MI IDEn kkn lnfAllllE/ / •q.1r+n r, � Q Q awt Y tOtD WIMM SS W J 1 FUTURE 1nnw'r'kingM,v C ,A U S" t// BLOOCK 1 O F1lYLIRE LOY 9L i ~ > eqe,�oTeem� - phO wl i �ao1lw �I lDe'rlfl M� ALL MNDa / / 11 VM1^ A/W1IytMA/�,// W aq BURLESON CARDINAL ROAD �+ EXHIBIT F:ALLOCATION OF CREDITS w 1c.. (VARIABLE WIDTH R.O.W.) Ir. SOUTHLAND BUSINESS PARK Kimley>�Horn