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HomeMy WebLinkAboutContract 51303 CITY SECRETARY CONTRACT NO. RECEIVED SEP 2 1 2018 TRANSPORTATION IMPACT FEE CREDIT AGREEMENT CIV SECRETARY OFVORTWORTH 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 D.R. Horton - Texas, Ltd., a Texas Limited Partnership 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 191.6 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 C; 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 iM^rovemR thon the adopted transportation improvements plan; and OFFIC CITY CREDIT AGREEMENT-CA-17-013 Page 1 of 13 Hawthorne Meadows WHEREAS, Owner has submitted a final plat to the City for approval, for which the dedication 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 C to be$6,417 per service unit (vehicle-miles of demand); and WHEREAS, the Owner has dedicated 15,182 square feet of right-of-way for eligible arterial, East Bonds Ranch Rd: Recorded as Instrument D217209301, recorded September8, 2017. 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 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. CREDIT AGREEMENT-CA-17-013 Page 2 of 13 Hawthorne Meadows 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) 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 CREDIT AGREEMENT- CA-17-013 Page 3 of 13 Hawthorne Meadows 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) CREDIT AGREEMENT-CA-17-013 Page 4 of 13 Hawthorne Meadows thi�ZN WIT S WHEREOF, the undersigned parties have executed this Agreement as of ay of I , 2018. CITY OF FORT WORTH,TEXAS OWNER D.R. Horton–Texas,Ltd., a Texas Limited Partnership �– By: D.R. Horton,Inc., a Delaware Corporation, its Authorized Agent .Fern ide-Festa- � c— Assistant City Manager Recommended By: Benjamin M. Clark Assistant Vice President andle H ood Director,Planning and Development Approved as to Form and Legality: mc: 6 _ 1295: Q-Q UL Douglas Black Assistant City Attorney City Contract Compliance Manager: M&C: None required Form 1295:None required By signing, I acknowledge that I am the person responsible for the monitoring and ATTEST: administration of this contract, including ensuring all performance and reporting requirements. Mary J. 1Ws � lie Westerman Ci ~ ty Secretary U `_ Graduate Engineer * OFFICIAL' CAL RECORD * CITY SE .. SECRETARY ..SCP► .- ' FT.WORTH, TX CREDIT AGREEMENT-CA-17-013 Page 5 of 13 Hawthorne Meadows 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 CREDIT AGREEMENT-CA-17-013 Page 6 of 13 Hawthorne,Meadows EXHIBIT A Description of Property CREDIT AGREEMENT-CA-17-013 Page 7 of 13 Hawthorne Meadows Description of 161.652 Acres BEING all of the following tracts of land: Hawthorne Meadows Phase 1, an addition to The City of Fort Worth, Tarrant County, Texas recorded in Instrument Number D217209301,County Records,Tarrant County, Texas, Hawthorne Meadows Phase 2, an addition to The City of Fort Worth, Tarrant County, Texas recorded in Instrument Number D218039058, said County Records, Hawthorne Meadows Phase 3, an addition to The City of Fort Worth, Tarrant County, Texas recorded in Instrument Number D218039067, said County Records, Revelstoke, an addition to The City of Fort Worth, Tarrant County, Texas recorded in Instrument Number D218056562, said county records, and a portion of that tract of land(Tract 1)described by deed to D.R. Horton—Texas, LTD., recorded in Instrument Number D217011381, said County Records, being situated in the S. Lockhart Survey, Abstract Number 977,the J. Walker Survey, Abstract Number 1600, and the W. Redfield Survey, Abstract Number 1348, all of Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Hawthorne Meadows Phase 1 and being in the south right of way line of East Bonds Ranch Road(a variable width right-of-way); THENCE with said south right-of-way line the following bearings and distances: N 89053'17"E, 795.81 feet; N 89047'26"E, 469.92 feet; S 88058'43"E, 252.48 feet; THENCE S 24021'23"W, 313.12 feet, departing said right-of-way line,to the southwest corner of that tract of land described by deed to Enron Communications,recorded in Instrument Number D199157340, said County Records; THENCE S 88050'46"E, 273.64 feet,to the southeast corner of said Enron Communications tract and being in the west line of that tract of land described by deed to Fortune 88, recorded in Instrument Number D210210847, said County Records; THENCE S 00°31'02"E, 1332.05 feet,with said west line,to the southwest corner of said Fortune 88 tract and being in the north line of Lot 18, Block 7 of Presidio West Phase 3,an addition to The City of Fort Worth, Tarrant County, Texas recorded in Instrument Number D213318441, said County Records; THENCE N 89013'07"W, 395.47 feet,to the northwest corner of Lot 4, Block 9 of said Presidio West Phase 3; THENCE S 00023'34"E, 955.58 feet,to the northeast corner of the aforementioned Revelstoke tract and being the northwest corner of Lot 2, Block 11 said Presidio West Phase 3; THENCE S 00026'22"E, 443.14 feet,to the northeast corner of that tract of land described by deed to Northwest Independent School District, recorded in Instrument Number D217010944, said County Records and being in the south right-of-way line of Spanish Needle Trail (a variable width right-of-way); THENCE S 89033'38"W, 814.62 feet, with the north line of said Northwest Independent School District tract, to the north end of a corner clip at the intersection of said south right-of-way line and the east right-of-way line of Belle Prairie Trail (a variable width right-of-way) THENCE S 44033'38"W, 14.14 feet, with said corner clip; THENCE S 00026'22"E, 531.66 feet,with said east right-of-way line,to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 235.78 feet,through a central angle of 25043'55", having a radius of 525.00 feet,the long chord which bears S 12025'36"W, 233.81 feet, to the north end of a corner clip at the intersection of said east right-of-way line and the north right-of-way line of Lakeville Drive(a 50 foot right-of-way); THENCE S 17°31'27"E, 14.54 feet, with said corner clip; THENCE with said north right-of-way line the following courses and distances: S 60053'12"E,41.05 feet, with said north right-of-way line to the beginning of a curve to the left; With said curve to the left, an arc distance of 64.47 feet,through a central angle of 29033'10", having a radius of 125.00 feet,the long chord which bears S 75039'47"E, 63.76 feet; N 89033'38"E, 775.05 feet; THENCE S 00026'22"E, 1392.86 feet, departing said north right-of-way line,to the southeast corner of the aforementioned DR Horton tract and being the northeast corner of Lot 2 of the F & W Industrial Park, recorded in Volume 388-160, Page 2, said County Records; THENCE S 89042'24"W, 590.98 feet,to the northwest corner of Lot 1 said F & W Industrial Park and being in the northeast right-of-way line of State Highway 287(a variable width right- of-way); THENCE N 38°11'14"W, 1762.19 feet with said northeast right-of-way line; THENCE N 51048'46"W, 563.85 feet, departing said right-of-way line, to the southeast corner of Lot 7, Block 10, of the aforementioned Revelstoke addition; THENCE N 44058'20"W, 218.56 feet,to the southwest corner of Lot 9, Block 10, said Revelstoke addition; THENCE N 00026'22"W, 189.08 feet,to the northwest corner of Lot 11, Block 10, said Revelstoke addition; THENCE S 89°33'38"W, 148.12 feet,to the southwest corner of Lot 16, Block 10, said Revelstoke addition; THENCE N 00026'22"W, 115.00 feet,to the aforementioned south right-of-way line of Spanish Needle Trail and being in the west line of said Lot 16; THENCE with said south right-of-way line the following courses and distances: S 89033'38"W, 446.41 feet, to the beginning of a curve to the left; With said curve to the left, an arc distance of 203.22 feet, through a central angle of 36057'54", having a radius of 315.00 feet, the long chord which bears S 71°04'42"W, 199.72 feet; S 52035'46"W, 74.04 feet, to the aforementioned northeast right-of-way line of State Highway 287 and being the southwest terminus of Spanish Needle Trail; THENCE N 37°24'l 4"W, 45.90 feet, with said northeast right of way line; THENCE N 42024'1 4"W, 24.19 feet, continuing with said northeast right-of-way line,to the north right-of-way line of Spanish Needle Trail; THENCE N 52035'46"E, 89.15 feet, with said north right-of-way line, to the beginning of a curve to the right; THENCE with said curve to the right an arc distance of 163.96 feet, through a central angle of 24024'02", having a radius of 385.00 feet,the long chord which bears N 64047'46"E, 162.72 feet; THENCE N 13000'12"W, 321.06 feet, departing said north right-of-way line; THENCE N 00026'22"W, 75.27 feet, to the south lie of that tract of land described by deed to Zaher Real Estate, LP, recorded in Instrument Number D208234277, said County Records; THENCE N 89035'44"E, 953.08 feet, to the southeast corner of said Zaher tract; THENCE N 00021'55"W, 63.65 feet; THENCE S 89058'21"W, 12.03 feet; THENCE N 00000'55"W, 12.39 feet; THENCE S 89045'27"W, 156.81 feet; THENCE N 00°13'42"W, 92.93 feet,to the most northerly northeast corner of said Zaher tract; THENCE S 89034'35"W, 260.23 feet, with the north line of said Zaher tract; THENCE N 000 17'44"W, 605.81 feet, departing said north line,to the south line of that tract of land described by deed to Chin Chang, recorded in Instrument Number 13212308972, said County Records; THENCE N 89033'24"E, 321.80 feet,to the southeast corner of said Chang tract; THENCE N 00024'32"W, 534.80 feet; THENCE N 00°24'31"W, 1272.97 feet, to the Point of Beginning and containing 161.652 acres or 7,041,561 square feet of land more or less. EXHIBIT B Map of Property CREDIT AGREEMENT-CA-17-013 Page 8 of 13 Hawthorne Meadows 00 m 0 CURVE TABLE 3 N0. DELTA RADIUS LENGTH BEARING DISTANCE A C1 25.43'55" 525.00' 235.78' S 12.25'35"W 233.80' m C2 29.33'10" 1 125.00' 64.47' IS 75-39'47" E 63.76' Z 0 800 1600 2400 C3 36.57'54" 315.00' 203.22' S 71.04'42" W 194.72' 9 C4 24-24-02--1 385.00' 163.96' N 64.47'46"E 162.72' o_ J J GRAPHIC SCALE IN FEET E Bonds Ranch Road 588.58'43"E 252.4a, S240 2113-W Point �f N8�'53',7"E 13'12 \ �j" z S88.50'46"E Beginning N89•47'42"E �- 273.64' 469.92' No �N + W V 4W !V� 90 2'i N O M O Z N O LP 0 N89.33'24'E a N 321.80' bo 4! \ N � 161.652 Acres !� N89.13.07"W o - . 395.4 7' o Pn ki P:4 N In TA; in + L14 001 1 L12 N 1 L11 N89-35-06--E L10 L9 953.08' N138 00'12"W S00.26'22"E 321,06' �- S44u313''38"W 443.14' C4 589.33'38"W N528jjs 6"E 3 L6 589.33'38"W 814.62• LINE TABLE L8 L4 N0. BEARING DISTANCE L7 L5 3 SOO°26'22"E L1 S 17.31'27" E 14.54' S520 35'46-W 531,66' L2 S 60°53' 12" E 41.05' 74.04' N51.48'46"E C1 L3 N 44°58'20" W 218.56' 563.85' L1 775.05' L4 N 000 26' 22" W 189.08' C2 N8L5 S 89°33'38" W 148.12' o L2 775.05' L6 N 00-26- 22" W 115.00' L7 N 37.24' 14" W 45.90' L8 N 42°24' 14" W 24.19' aip y N m L9 N 00.26' 22" W 75.27' o 2 �s�b N N L10 N 00°21' 55" W 63.65' 00 �j ?��s4 g L11 S 89°58'21" W 12.03' tA L12 N 00°00'55" W 12.39' ° L13 S 89°45'27" W 156.81' ° "This document was prepared under 22 TAC 663.21, does not reflect the results of on on the ground L14 N 00°13' 42" W 92.93' ° survey,and is not to be used to convey or establish n interests in reolproperty except those rcghts. and L15 5 89°34'35" W 260.23' interests implied or established by the crection or cn reconfiguration of the boundary of the political ° subdivision for which it was prepored." 590.9 c_ ii N Exhibit of I�"1PELOTON '��'I 161.652 Acres I'III LAND SOLUTIONS 9800 HILLWOOD PARKWAY,SUITE 250 JOB# DRH15003 DRAWN BY: T.Richardson CHECKED BY: T.Brid es DATE: 0&17-18 PAGE#1 of 1 FORT WORTH,TEXAS 76177 PH.#817-562-3350 9 0:\JOB\D H15003-Bond_ onch\Sur\DRH1 - emp.dgn Defoult 8/22/2018 1_; M � • • *111 = — AL 41C ►�� i �. X11 � II1N11 �� �, . �, •., mini - r► � _ 11n11111 �� _ - wlliilllHill IMT � IYII 111111 ���11111 �`'►����IIIII��YII � - n skim�` ����111111►� - MASTER DEVELOPMENT PLAN HAWTHORNE MEADOWS r, x�ea FORT WORTH,TEXAS �' EXHIBIT D Transportation Improvements ., AL� . Hawthorne Meadows/ f Revelstoke Credit Agreement Dedicated and Constructed OONDSRANCR — Right-of-Way' Anticipated 'Eligible for Credit Against Transportation Impact Fees FORT WORTH. t r r ' Zl11 IT,x ,r r• .r- Eligible knprovements Limits + i� Approximately 800 ft west of Urde E Bonds Ranch Rd Falls Trail to approximately 250 ft east of UttleFalls Trail I CREDIT AGREEMENT-CA-17-013 Page 10 of 13 Hawthorne Meadows EXHIBIT E Credits Against Transportation Impact Fees Net Credit Value of Capacity Provided City Project# Plat Case# Eligible Arterial Value 100980 FP-17-003 East Bonds Ranch Rd S 1,198,094.58 Value of ROW Dedication Instrument# Plat Case# Eligible Arterial Value D217209301 FP-016-061 East Bonds Ranch Rd S 28,453.57 Value of Existing Demand 5 - Net Credit Available 5 1,226,548.15 Capacity Provided by E Bonds Ranch Rd Improvements CPN 100980 Paving Item No Description Unit Quantity Eftbk Unitf'rice CrINllitAvailabl! 1 10"Conc Pvmt SY 4,835 4,83S S 48.25 5 233,288-75 2 6"Conc Driveway SF 1,080 1,080 $ 6.00 $ 6,480.00 3 Asphalt Pvmt Repair Beyond Defined Width, SY 217 217 $ 82.50 $ 17,902.50 Arterial 4 4"Conc Sidewalk SF 13,876 13,876 S 5.25 S 72 849.00 5 8"Lime Treatment SY 6,211 6,211 $ 3.40 S 21 117.40 6 Hydrated Lime TN 130 130 $ 155.00 S 20150.00 7 Remove&Replace Gravel Drive in Kind SY 57 57 S 30.00 S 1,710-00 8 Barrier Free Ramp,Type P-1 EA 2 2 S 2,500.00 S 5,000.00 9 Pedestrian Handrail LF 54 54 $ 150.00 $ 8,100.00 10 End of Road Barricade EA 2 2 $ 1,500.00 $ 3,000.00 11 Std Street Header LF 50 50 $ 10.00 $ 500.00 12 Remove Conc Pvmt SY 313 313 $ 13.50 $ 4,225.50 13 Remove Ex Concrete Sidewalk SY 18 18 $ 13.50 S 243.00 14 Sawcut&Connect to Exist Asphalt LF 550 550 - 15 Pavement Markings LS 1 1 $ 14,300.00 $ 14,300.00 16 Traffic Control MO 3 3 $ 1,750.00 $ 5,250.00 17 Topsoil CY 91 91 S 30.00 S 2,730.00 18 Block Sod Placement SY 545 545 $ 5.00 $ 2,72S.00 19 Street Sin EA 7 7 $ 425.00 $ 2,975.00 20 Remove&Relocate Street Sin EA 1 1 $ 550.00 S 550.00 21 Remove&Dispose Street Sin EA 4 4 $ 150.00 $ 600.00 payhW Subtotal S 423,696.15 CREDIT AGREEMENT-CA-17-013 Page I 1 of 13 Hawthome Meadows Storm Drain Item Eligible uo. Description Unit quantity Eligible Price qxmtft Credit Availl E 1 21"RCP Class III LF 237 237 $ 113.00 $ 26 781.00 2 33"RCP Class III LF 234 234 5 165.00 5 38 610.00 3 8x4 Box Culvert LF 192 192 $ 660.00 $ 126,720M 4 10'Recessed Inlet EA 1 1 $ S,600.00 5 S,600.00 5 15'Recessed Inlet EA 1 1 $ 6,400.00 $ 6,400.00 6 Large Stone Riprap,grouted SY 176 176 5 103.00 5 18 128.00 7 Large Stone Riprap,dry SY 154 154 S 71.00 S 10,934.00 8 21"Sloping Headwall EA 1 1 S 1,900.00 $ 1,900.00 9 TxDOT Std Flared Headwall,2 Box Culverts EA 1 1 S 38,000.00 $ 38,000-00 10 TuDOT Std Parallel Headwall,2 Box Culverts EA 1 1 $ 47,000.00 $ 47,000.00 11 Remove 24"Storm Line LF 62 62 $ 26.00 $ 1,612.00 12 Remove 5'x2'RCB LF 62 62 $ 114.00 $ 7,068.00 13 Remove Headwall EA 2 2 5 1,400.00 $ 2,800.00 14 Trench Safety LF 663 663 $ 1.00 $ 663.00 Subtotal 5 332 216.00 Stone Drain Ratio for Arterial Streets 100% Storm Drain Subtotal S 332,216.00 Paving Subtotal $ 423,696.15 Storm Drain Subtotal $ 332,216M ODMSTRUC[1011 V-gM)TAL S 755.E Mn Other Eligible Items Engineering,Surveying and Material Testing 20% of Paving&Storm Drain $ 151,182.43 XTO Line Re ocation Invoice 170508-Dated 5/8/2017) 291,000.00 otal Value of Capacity Provided S 1,198,094.58 Bonds Ranch Rd-CPN 100980 f� Qrea100 O� Q1W A-1 6.82 Arterial A-1 6.82 Arterial B-1 8.65 Arterial B-1 8.65 Arterial TOTAL 15.47 TOTAL 15.47 = 100.00% of total storm water runoff CREDIT AGREEMENT-CA-17-013 Page 12 of 13 Hawthorne Meadows * . tf 'first come-firu-served basis within the Concept Plan ' All credit shall be used on a 0 boundaries. '�QIII�IM1111 � s mm L _ . =�unilNiiii = . �i_1111111tt111 Illllli■^ a w�•.�' - � - llllitlltll ■ Itllll P—p'�M1111 NIA - ��! 46 MASTER DEVELOPMENT PLAN JACMIS HAWTHORNE MEADOWS = �, FORT WORTH,TEXAS _ Novem6Ef 21,2016 — --