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HomeMy WebLinkAboutContract 39318TY N R CTTARP NO, 3aal 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 home rule municipal corporation situated in Tarrant, Denton, Parker, Johnson, and Wise Counties, Texas, and One SR, L.P., a Texas limited partnership (the "Owner") (the City and the Owner a "Party", and collectively, the "Parties"), RECITALS WHEREAS, the City is a home rule municipal corporation duly organized and validly existing under the laws and statutes of the State of Texas and is located within Tarrant, Denton, Parker, Johnson, and Wise Counties, Texas, and WHEREAS, the Owner is the owner of approximately 58.340 acres Denton and 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 lay -out 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 Tex. Loc. Gov't 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 areas) in which the new development is located; and WHEREAS, the Property is located within service area B 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 145 provides for credits against impact fees for dedication or construction of transportation improvements shown on the adopted transportation improvements plan; and 1-16 CREDIT AGREEMENT lftITy SE+�RETi�RI� FT. WORTH, Tx 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 has submitted a final plat to the City for approval, subject to dedication and construction of the transportation improvements shown on the Development Plan; 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 district no. B to be $2,014 per service unit; and WHEREAS, Owner has filed and recorded the following final plat: Phase 3-3A (FP07-014) Filed on Slide D209069795 on 3/13/2009 WHEREAS, Owner has received approval for construction plans, executed Community Facility Agreements, constructed roadway improvements, obtained City acceptance of the improvements and dedicated rights -of -way for the following: Phase 3-3A, DOE 5747 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 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 1-16 CREDIT AGREEMENT 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 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) 1-16 CREDIT AGREEMENT 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 follows: Amendment. This Agreement shall not be modified or amended except as (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. 1-16 CREDIT AGREEMENT IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as day of Date: Approved as o Form &Legality: Amy J Ramg6y Assistant City Attorney ATTEST: Marty Hen ix City Secretary 1-16 CREDIT AGREEMENT 2009. CITY OF FORT WORTH, TEXAS I: Fernando Costa Assistant City Manager Recommended By: us n Alanis Director, Planning and Development (DEVELOPER) By: O��1C1AL R��O�� �1T1� S�CRET��i � T. WORTH, TX EXHIBIT LIST Description of the Property "B" Map of Property "C" Concept Plan Map "D" Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits 1-16 CREDIT AGREEMENT 1� l�butt This legal description is for contract purposes only. James F. Kasson RPLS no. 4500 Carter & Burgess, Inc. February 25, 2008 LEGAL DESCRIPTION BEING a tract of land situated in the Matthew Ashton Survey, Abstract Number 8, Tarrant County, Texas, and Abstract Number 1, Denton County, Texas and being a portion of the tract of land conveyed by deed to One SR, L. P., in Volume 15566, Page 280, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "Carter &Burgess" found in the northwest corner of that tract of land described by deed to Coflet Realty Management, Inc. and recorded in County Clerks' Filing number D205381642, County Records, Tarrant County Texas, said point being in the west line of said One SR, L.P. tract; THENCE N 00°OS'25"E, 451.01 feet; THENCE S 89°54'35"E, 286.03 feet; THENCE N 00°OS'25"E, 34.40 feet; THENCE S 88°25'22"E, 315.73 feet; THENCE N O1°34'38"E, 125.00 feet; THENCE N 88°25'22"W, 7.28 feet; THENCE N O1 034'38"E, 175.00 feet; THENCE S 8802512211E, 187.29 feet; THENCE N 82°13'44"E, 45.30 feet; THENCE N 6504315711E, 72.97 feet; THENCE N 63015'44"E, 536.39 feet; THENCE S 86031'06"E, 80.66 feet; THENCE S 70054'4011E, 405.00 feet; THENCE S 19005'20"W, 110.86 feet; C&B Job No. 014563.010.001.0452 Mapsco September 18, 2009 C:\Documents and Settings \chase\Local Settings\temporary Internet Files\OLK64\Legal 4563.pal.doc Page 1 of 3 Atb}- THENCE S 68°1953E, 50.05 feet; THENCE N 89°51S6E, 84.43 feet; THENCE S 02° 16' 15 "E, 178.35 feet; THENCE S 87°50'17"W5 11.65 feet; THENCE S 02° 16' 15 "E, 124.87 feet; THENCE S 87°43'45 "W, 142.97 feet; THENCE S 38°54'17"W, 60.87 feet; THENCE S 06°OS'42"E, 14.14 feet; THENCE S 51 °OS'43 "E, 245.64 feet; THENCE S 38°54'18"W, 50.00 feet; THENCE with said non -tangent curve to the left, an arc distance of 50.93 feet, through a central angle of 19027'14", having a radius of 150.00 feet, the long chord of which bears S 60°49'19"E, 50.69 feet; THENCE S 24°35'47"W, 128.14 feet; THENCE S 37°46'24"W, 192.88 feet; THENCE S 20°25'S8"W, 284.65 feet; THENCE S 15007139"W, 213.47 feet; THENCE S 16°46'S7"W, 212.87 feet; THENCE with said non -tangent curve to the left, an arc distance of 148.07 feet, through a central angle of 06°42'24", having a radius of 1265.00 feet, the long chord of which bears N 86034135"W5 147.99 feet; THENCE N 89055'47"W, 228.78 feet; THENCE with said curve to the right, an arc distance of 317.87 feet, through a central angle of 16°02'48", having a radius of 1135.00 feet, the long chord of which bears N 81°54'22"W, 316.84 feet; C&B Job No. 014563.010.001.0452 Mapsco September 18, 2009 CADocuments and Settings\chase\Local Settings\Temporary Internet Files\OLK64\Legal 4563.pal .doc Page 2 of 3 THENCE S 14°1238W5 130.07 feet; THENCE with said non -tangent curve to the right, an arc distance of 1230.26 feet, through a central angle of 55°43'20", having a radius of 1265.00 feet, the long chord of which bears N 46013104"W9 1182.35 feet to the Point of Beginning and containing 2,541,289 square feet or 58.340 acres of land more or less. Preliminary, this document shall not be recorded for any purpose. C&B Job No. 014563.010.001.0452 Mapsco September 18, 2009 CADocuments and Settings\chase\Local Settings\Temporary Internet Files\OLK64\Legal 4563.pal.doc Page 3 of 3 MORRIS DIDO NEWARK EAGLE �N \Ay�v4 A SENDERA RANCH PHASE 3-3A HAS AVONDALE HASLET AVONDALE HASLET IANCE VICINITY MAP FORT WORTH Exhibit D " I: Sendera Ranch Phase 3, Section 3A _d Credit Agreement itfir DEVELOPER BUILT ARTERIALS Accepted* _ ,:,, r` N 0 200 400 Feet s *Eligible for credit from transportation impact fee 6 �,C S j3"-fir N'LL FINAL PLAT DOE NUMBER ASSOCIATED IMPROVEMENTS LIMITS Built 4 lane divided from Willow Springs Road FP07-014 5747 SENDERA RANCH BLVD to I000'NW(approximately atEnchanted Sky); built 2 lanes from 1000' NW of Willow Springs to Suncatcher FORT WORTH EXHIBIT E Credits Against Transportation Impact Fees Sendera Ranch, Phase 3 Sec 3A NET CREDIT BALANCE SENDERA PH3 SEC 3A TOTAL IMPACT FEES CALCULATED TOTAL CREDITS CALCULATED $ 1,066,432.40 FORT WORTH NET CREDIT OVERVIEW 06/17/2009 D r C� m 0 O CD N O O O ® -n m z r o D ? C r X D _o 'u 0 D cn D p r 0 0 m D J Z m J m 0 Cl) m = Z D N m Cl) r 0 0 c) m = m 0 W _ 0 C/) < -D 0 m m z cn (1) C/)o 03 v O P u, O o z U) N O c a =3 = �. Q UOi �O (D 0 -h O a (D O X, r 3 o m cn O � O O Cz' 5 n O 3 -, CL O v a 9 -69 i m rn r rn co ) Tom_ w w w r o � w EXHIBIT E Credits Against Transportation Impact Fees Sendera Ranch, Phase 3 Sec 3A PB09-02795 1608 Enchanted Sky Ln Sendera Ranch PAID pb09-02797 1605 Enchanted Sky Ln Sendera Ranch PAID pb09-02796 1616 Enchanted Sky Ln Sendera Ranch PAID pb09-02962 14428 Storyteller Ln Sendera Ranch PAID pb09-02964 1624 Enchanted Sky Ln Sendera Ranch PAID pb09-03080 1641 Suncatcher Way Sendera Ranch PAID pb09-03079 14517 Storyteller Ln Sendera Ranch PAID pb09-03081 14513 Storyteller Ln Sendera Ranch PAID PB09-03516 1644 Enchanted Sky Sendera Ranch PAID PB09-03514 1637 Suncatcher Way Sendera Ranch PAID PB09-03517 14509 Storyteller Ln Sendera Ranch PAID BUILDING_PERMITS 06/17/2009 EXHIBIT E Credits Against Transportation Impact Fees Sendera Ranch, Phase 3 Sec 3A Quantity Unit Type Ws Total Grading and Mass Excavation Grading and Mass Excavation 27,179,00 CY Clear strip & grub 9.79 AC Street Lights Mid -block arterial median (from CFA) 8.00 EA Engineering SENDERA RANCH CONSTRUCTION PLANS Geotech Geotech/testing (5 borings) Other Eligible Costs Check Dam 3.00 EA Net Protection 4.00 EA Silt Fence 21500,00 LF ROW @ 10% Construction Costs $ 2.25 $ 61,152.75 $ 47.40 $ 464.05 25,600.00 $ 15,650.00 $ 2,200.00 $1,200.00 $ 3,600.00 $ 250.00 $ 1,000.00 $ 1.35 $ 3,375.00 $ 86,671.87 Total Other Developer Eligible Credits $199,713.fi7 OTHER CREDITS 06/17/2009 EXHIBIT E Credits Against Transportation Impact Fees Sendera Ranch, Phase 3 Sec 3A DOE 5747 Paving Quantity Unit Type Unit Cost Total 8" LIME STABILIZED SUBGRADE 13690 SY $ 1,61 $ 223040,90 9.5" RC STREET PVMT W/ STANDARD CURBS 12820 SY $ 27.19 $ 348,575,80 HYDRATED LIME 274 TN $ 106,00 $ 293044000 STANDARD END OF ROAD BARRICAIDE 1 EA $ 11870,00 $ 11870,00 STANDARD 4' SIDEWALKS 13350 SF $ 2,97 $ 39,649,50 CENTERLINE MARKERS Y4 191 LF $ 5,00 $ 955,00 CENTERLINE MARKERS Y-4 506 LF $ 19000 $ 91614,00 LANE MARKERS TYPE W4 1481 LF $ 1,30 $ 11925,30 REMOVE LANE CLOSURE STRIPING 213 SY $ 9,00 $ 11917,00 DETAIL C CHANNEL MARKERS 1 LS $ 21118,00 $ 23118000 CONSTRUCT CONCRETE CURB & GUTTER 120 LF $ 15,00 $ 11800,00 REMOVE EXST CONCRETE TRANSITION 16350 SF $ 1,10 $ 17,985.00 TRAFFIC CONTROL PLAN 1 EA $ 11727,00 $ 11727,00 $ 479,221.50 Storm Drain Quantity Unit Type Unit Cost Total ROCK RUBBLE RIP RAP (24" DEPTH) 50 SY $ 45,00 $ 21250,00 6X9 MBC COMPLETE IN PLACE 153 LF $ 1,600.00 $244,800,00 24" RCP W/ TRENCH EXCAV & BACKFILL 207A LF $ 36,52 $ 71574925 STANDARD 10" RECESSED CURB INLET 4 EA $ 13700,00 $ 61800,00 PEDESTRIAN HANDRAIL 152,55 LF $ 152,55 $ 23,271,50 ROCK RUBBLE RIP RAP (18" DEPTH) 2569 SY $ 40400 $ 102,760,00 TRENCH SAFETY 207A LF $ 0,20 $ 41,48 $ 3879497.23 DOE5747 06/17/2009 t"A Al �« >l.:...r. _: 14 _ 3 - All - t - a Art - a 1 AvA C: kv ,_ ,o H b O Fri CA in H C� e Lx7 bd H = w H hr] ;. 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