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HomeMy WebLinkAboutContract 54732 CSC No. 54732 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 FW I-35 Logistics Center LLC, a Delaware limited liability company authorized to do business in Texas ("Owner") (the City and Owner a "Party", and collectively, the"Parties"). RECITALS WHEREAS,Owner is the owner of approximately 39.977 acres in Tarrant County, Texas, as described 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, Owner desires to proceed with development of the Property as described or illustrated on the Development Plan, attached hereto as Exhibit"C",which identifies the on-site and/or 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, codified in City Code Chapter 30, Article VIII,et seq.,as amended,under which impact fees are imposed on new development for impacts to the City's transportation facilities as a result of said development; and WHEREAS,transportation impact fees are collected and must be spent by the City on impact fee eligible transportation facilities identified within the City's adopted Transportation Improvements Plan ("TIP"), as amended, within the service area(s) in which the new development is located; and WHEREAS, the Impact Fee Program provides for credits against impact fees for dedication of right-of-way and/or construction of transportation improvements identified as impact fee eligible on the adopted TIP; and WHEREAS, the Property is located within Service Area C for purposes of determining transportation impact fees; and WHEREAS, the City has determined the maximum transportation impact fees to be assessed against new development within Service Area C to be $1,144.00 per service unit (vehicle-miles of demand); and OFFICIAL RECORD Transportation Impact Fee Credit Agreement—CA-20-006 CITY SECRETARY Page 1 of 13 North Quarter 35 FT. WORTH, TX Updated 2/15/19 WHEREAS,certain transportation facilities depicted on Exhibit"D"are identified as impact fee eligible within the City's adopted TIP and therefore eligible for impact fee credit; and WHEREAS, Owner has dedicated the right-of-way shown on Exhibit "D" for which credits against transportation impact fees shall be granted; and WHEREAS, Owner has received the following preliminary plat approval: R&S Miller Family Addition, PP-19-031 on August 28, 2019; and WHEREAS, Owner has dedicated 83,224 square feet of right-of-way for eligible arterials Golden Triangle Blvd.and Harmon Rd. ("Rights-of-Ways') within the following final plat: R & S Miler Family Addition final plat, FP-19-138, recorded as Instrument D220067160 on March 20, 2020; and WHEREAS, the City and Owner have entered into that certain Future Improvements Agreement for Infrastructure Improvements - North Quarter 35 which was executed on March 17, 2020 and recorded as City Secretary Contract No. 53666 (the "FIA"); and WHEREAS,pursuant to such FIA,Owner has paid the City the sum of$353,801.00 in full satisfaction of Owner's obligation to construct the Paving and Storm Drain Improvements for Golden Triangle Blvd. and Harmon Rd. 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 has dedicated the Rights-of-Way for the system facilities identified in Exhibit "D" and satisfied the obligation to construct system facilities via the FIA. 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 Transportation Impact Fee Credit Agreement—CA-20-006 Page 2 of 13 North Quarter 35 Updated 2/15/19 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 will 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 to be granted has been dedicated and accepted (in the case of right-of-way) or constructed through an executed Community Facilities Agreement and final acceptance by the City has been obtained. 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 number of credits resulting from such improvement has been valued; and (b) A credit allocation shall be provided by Owner 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. 6. Term and Effective Date. The term of this Agreement shall be ten(10)years from its Effective Date. 7. 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. Transportation Impact Fee Credit Agreement—CA-20-006 Page 3 of 13 North Quarter 35 Updated 2/15/19 8. 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. 9. 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. Signatures on Following Page. Transportation Impact Fee Credit Agreement—CA-20-006 Page 4 of 13 North Quarter 35 Updated 2/15/19 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 FW I-35 Logistics Center LLC, a Delaware limited liability company ISa Dana Burghdoff(06 22,20 17:03 CDT) By: M2G I-35 Logistics Center GP LLC, Dana Burghdoff a Texas limited liability company Assistant City Manager its Managing Member Oct 22, 2020 Date: By: M2G Ventures LLC, a Texas limited liability company, its Manager Recommended By: 0 tf '2� z� DJ Harrell(Oct 19,202017:32 CDT) Susan S. Gruppi DJ Harrell Manager Director,Development Services Approved as to Form and Legality: hg�Ar— DBlack(Oct 22,202016:59 CDT) Douglas Black City Contract Compliance Manager: Senior Assistant City Attorney M&C: None required By signing, I acknowledge that I am the dovbnn Form 1295:None required apF FORr �d person responsible for the monitoring �° °°o°�� and administration of this contract, °o o o=d including ensuring all performance and ATTEST: ��d'�°°°° o°°p�� reporting requirements. �a�nEXAS�p 2 /Zi2�e�i d G2�, r Ronald P.Gonzales(Oct 23,202010: DT) Leonard Mantey(Oct 16,202015:54 CDT) Mary J. Kayser Leonard Mantey OFFICIAL RECORD City Secretary Planning Manager CITY SECRETARY FT. WORTH, TX Transportation Impact Fee Credit Agreement—CA-20-006 Page 5 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT LIST "A" Description of the Property "B" Map of Property "C" Development Plan "D" Eligible Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits Transportation Impact Fee Credit Agreement—CA-20-006 Page 6 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT A Description of Property Lots 1,4,5X, 6, and 7, Block 1, of R&S Miller Family Addition, an addition to the City of Fort Worth,Tarrant County,Texas, according to plat thereof recorded in Instrument No. D220067160 of the Plat Records of Tarrant County, Texas. Transportation Impact Fee Credit Agreement—CA-20-006 Page 7 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT B Map of Property 3 erg �~ram x EulL �3 L 4 Ld J Z f] uJ W — E � f- �J 3'13 F - - 0o �= EL 12,CL o � W o le0 U 1- LLJ Lei < � M x S a] F z G7 L Transportation Impact Fee Credit Agreement—CA-20-006 Page 8 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT C Development Plan ...... ....... J� E 11: "I'Mi E 7. 1`1101THIMPH 111 lu!MEHMMUMM]i 0 it J:k 1k CR 911 All II 594 us 1,F k1 A 1i -51-, diii Arterials Golden Triangle Blvd. and Harmon Rd. are both Off-Site facilities to the Property. Transportation Impact Fee Credit Agreement—CA-20-006 Page 9 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT D Transportation Improvements FORT WORTH rY , North Quarter 35 , Credit Agreement ii Credit Eligible Items ''' t •: Completed ROW Dedication Future Improvements Agreement Executed GQLQENITRIANGLE .,� GQLQEN•TRIANGLE. GQL DER-TRlANGL E GGZO HE1G H75 JQ 41 .J a Eligible Improvements Recorded Document Harmon Rd&Golden Triangle Blvd Final Plat,FP-19-138 ROW dedication InstrumentD220067160 Future Improvements Agreement in lieu of construction for Harmon City Secretary Contract, Rd&Golden Triangle Blvd CSCO 53666 fUearMap' Transportation Impact Fee Credit Agreement—CA-20-006 Page 10 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT E Credits Against Transportation Impact Fees North Quarter 35 Net Credit Against Transportation Impact Fees Value of Capacity Provided for Harmon Rd &Golden Triangle Blvd Item Instrument# Plat Case# Value ROW Dedication D220067160 FP-19-138 $ 205,563.28 Future Improvements Agreement CSC❑ 53666 FP-19-138 $ 353,801.00 Total Credit Earned $ 559,364.2-8 Existing Demand for Shell Warehouses Address Building Permit Number Date Used Value 10717 North Fwy 1 PB20-00955 4/16/2020 $ - 2709 Graham Cracker Dr 2 PB20-00956 4/16/2020 $ 83,933.64 2600 Graham Cracker Dr 3 PB20-00958 4/16/2020 $ 71,048.26 2500 Golden Triangle Blvd 4 PB20-00959 4/16/2020 $ 49,303.86 Total Existing Demand $ 203,285.76 Net Credit Available (Credit less Demand) $ 356,078.52 Calculation of ROW credit value is on the following page. Transportation Impact Fee Credit Agreement—CA-20-006 Page 11 of 13 North Quarter 35 Updated 2/15/19 Calculation for ROW Dedication Credit set forth on preceding page. ROW Valuation Based on Adopted Transportation Improvements Plan Eli�il:-Jl- Arterial Golden Triangle Blvd 2017 Transportation Improvements Plan Project C-8 C-9 Number Estimated Construction Costs from 2017 $595,000 $6501000 Transportation Improvements Plan Value of Total Project Right-of-Warr (20 of $119,000 $130,C00 Construction Cost) Total Project Length (LF) 595 615 Arterial Cross-Section Width (LF) 110 130 Additional ROW needed for Roundabout (SF) 0 0 Total Pro i+?-�t Right-of-Way (5F) 65,450 79,950 Rig ht-of-WayVaIue PerSquare Foot $1. 2 $1.63 TAD Value as of 5f 12/19 TAD Account 06555578 Total Area (SF) 551,200 Appraised Value $t357,330.00 Value per Square Foot $2.47 Right-of-Way Dedication Golden Triangle Blvd Final Plat Case Number FP-19-138 Recording Instrument NUMber D2 0067160 Total area of ROW dedicated 83,224 sq ft Value per SF $2.47 Credit $205,5 3.28 Total Credit Available $205,563.28 Transportation Impact Fee Credit Agreement—CA-20-006 Page 12 of 13 North Quarter 35 Updated 2/15/19 EXHIBIT F Allocation of Credits Credit shall be allocated by lot according to the following table: North Quarter 35 FW 1-35 Logistics Center LLC Lots 1, 4, 6, and 7, Block 1, R&S Miller Family Addition FP-19-138 Current Net Credit Available as of S.18.2020 $ 356,078.52 Property Legal Impact Fee Credit Allocation By Building Number Description Building SF Building 1 Lot 6, Block 1 119,665 $ 66,063.35 2 Lot 4, Block 1 257,117 $ 141,946.36 3 Lot 7, Block 1 159,659 $ 88,142.81 4 Lot 1, Block 1 108,548 $ 59,926.00 $ 356,078.52 Transportation Impact Fee Credit Agreement—CA-20-006 Page 13 of 13 North Quarter 35 Updated 2/15/19