HomeMy WebLinkAboutContract 51939 CITY SECRETARY �I�
CONTRACT N0._ 39
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 Bloomfield Homes, L.P., 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 14.475 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 Y; and
WHEREAS, the transportation facilities shown on the Development Plan are
identified within the City's adopted transportation improvements plan; and
WHEREAS,Section 30-171 of the Fort Worth city code provides for credits against
impact fees for dedication or construction of transportation improvements shown on the
adopted transportation improvements plan; and
RECE1\/ED OFFICIAL RECORD
FEB 18 2019 CITE'SECRETARY
ov OF FONT\NO70 Y �RTFI TX
CITY sEcDIT AGREEMENT- CA-19-001 P gcFl b
Rosemary Ridge
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 Y to be$2,348 per service unit (vehicle-miles of demand); and
WHEREAS, the Owner has received the following preliminary plat approval:
Rosemary Ridge,PP-14-043; and
WHEREAS, the Owner has dedicated 26,156 square feet of right-of-way for
eligible arterial, McCart Avenue:
Recorded as Instrument D218239467, recorded October 26, 2018; and
WHEREAS, the Owner has received approval for construction plans, executed
Community Facilities Agreements, constructed roadway improvements, and obtained
City acceptance of the improvements for the following:
Rosemary Ridge Phase 3, City Project 101224, Plans File No. W-2530.
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
CREDIT AGREEMENT- CA-19-001 Page 2 of 16
Rosemary Ridge
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) years from its Effective Date, in accordance with Ordinance No. 18083, which shall
be the date on which the last party executes the Agreement.
CREDIT AGREEMENT- CA-19-001 Page 3 of 16
Rosemary Ridge
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)
CREDIT AGREEMENT-CA-19-001 Page 4 of 16
Rosemary Ridge
IN WITNESS :WHEREOF, the undersigned parties have executed this Agreement as of
the day of , 2019.
CITY OF FORT WORTH,TEXAS OWNER
Bloomfield Homes,L.P.
a Texas limited partnership
By: Bloomfield Properties, Inc.
a Texas Corporation
Jesus J. Chapa its General partner
Assistant City Manager
Recommended By: L�
Timothy M. Stewart
Vice President
Randle Harw4d '�
Director,Planning and Development
Approved as to Form and Legality:
Douglas Black
Assistant City Attorney
M&C:None required City Contract Compliance Manager:
Form 1295:None required
By signing, I acknowledge that I am the
ATTEST: person responsible for the monitoring and
OR administration of this contract, including
Q ensuring all performance and reporting
LN
.fit requirements.
3:
ary J. Ka
City Secretary jJie Westerman
Graduate Engineer
OFFICIAL RECORD
9CREDIT AGREEMENT-CA-19-001 age of TARY
Rosemary Ridge F 1• WORTH,TX
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-19-001 Page 6 of 16
Rosemary Ridge
EXHIBIT A
Description of Property
BEING a 45.056 acre tract of lard situated In the Moses Walters Survey, Abstract No. 1598, Tarrant
County, Texas, M the city of Fort Worth, being a portion of the tract of lard described in the deed to
SJ Rosemary Devekpment, LP retarded in County Clerk's Document Monber D2O3243318, Deed
Records of Tarrant County, Texas, said 45.056 acre tract of land being more particul" described
as folows 0
BEG1No M of Me point of intersection of the souttrerly line of said Si Rosemary Doevokpnrent LP
tract and the westerly right-of-way fine of McCort Avenue, a 42 foot wide right-of-way according to
the Rosemary Intermediate School Addition, an addition to the City of Fort Worth retarded in
County Clark's Document Nwnber D2O7182982. Plat Records of Tarrant County, Texas i
771'NCE with the southerly line of said SJ Rosemary Development LP tract North 89. 56' 49' West
a distance of 2060.39 feet to the southeasterly corner of the tract of land described in the deed to
Christ Community Church Southwest recorded in County Clerk's Document Akmnber D2O6388335,
Deed Records of Tarrant County. Texas,
T7 ENCE departing the southerly line of said SJ Rosemary Devek pment LP tract with the easterly
line of said Christ Coa rnaunity Church Southwest tract North 00. 03' 1f' East a distance of 405.00
feet to a point In the souftrly line of Rosemary Ridge Addition, on addition to the City of Fort Worth
according to the plot recorded in County Clark's Document Mater D2O5269616. Pot Records of
Tarrant County, Texas for the northeasterly canner of said Christ Caity Church Southwest fract,
TWNCE with the southerly line of sold Rosemary Ridge Addition the foNowingr
South 89. 56'49' East a distance of 319.69 feet to a point for corner,
South 83* 36'061 East a distance of 48.50 feet to a point for a corner,
North 14. 59 07' East a distance of 126.38 feel to a point for corner,
North 20. 25' 30' East a distance of 63.94 feet In a point for corner.
North 29. 35' 12' East a distance of 63.98 feet to a patent for corner,
North 38. 08' S9' East a distance of 63.93 feet to a point for corner.
North 44. 56' 49' East a distaance of 324.47 feet to a point for corner.
North 45` 03' ll' West o distance of 269. 72 feet to a point for corner,
North 47. 33' 50' East a distance of 40.38 feet to a point for corner,
North 54. 48' 45' East a distance of 87.43 feet to a point for corner,
North 65. 05' 13' East a distance of 102.39 feet to a point for corner.
North 74' 51' 22' East a distance of 78.N feel to a point for corner,
North 62` 35' S9' East a distance of 92.86 feet to a point for corner,
South 85. 24 ' 35' East a distance of 460.66 feet to a point for corner,
North 81' 45' 03' East a distance of 74.26 feet to a point for corner,
North 61' 39' S5' East a distance of 153.47 feet to a point for corner.
CREDIT AGREEMENT-CA-19-001 Page 7 of 16
Rosemary Ridge
North 69' 53' 20' East a distance of 37.80 feet to a point for corner in the westerly right-of-way
fine of AkCart Avenue in a non-toVent curve to the left, the radius point of said curve being
situated North 69' 54' S0' East a distance of 942.00 feet from said point,
THENCE departing the southerly line of said Rosemary Ridge Addition with the westerly rigs t-of woy
line of AkCart Avenue the following,
Southeasterly along said curve through a central angle of 23' S0' 35' an arc dislaoce of 392.00
feel with a chord bearing of South 32' 00'27' East and a chord distance of 389.18 feel to the
point of reverse curvature of a curve to the right having radius of 908.00 feet,
SouAheasterly abng said curve through a central angle of 43' 25' 54' an arc distance of 688.31
feel with a chord bearing of South 22' 12'45' East and a chord distance of 671.94 feet to the
point of hangency of sold curve,
Sout'n 00' 29' 46' East a distance of 351.06 feet to the point of curvature of a curve to the left
having a radius of 1002.00 feet,
Southeasterly do ng said curve through a central angle of 00' 53' 49' an arc distance of 15.69
feel with a chord bearing South 00' 58' 18' east and a chord distance of 15.69 feet to the POINT
OF BEGih WVG,
CONTA#VhVG a computed area of 45.056 acres (1,962, 641 square feet 1 of land, more or kss.
The bear 1hp cited herein are referenced to the Rosemary Ridge Addition, an addition to the City of
Fort Worth according to the plot recorded in County Clerk 's Document D2O5269616, Plot Records of
Tarrant County, Texas.
NOTEr The described contained herein was prepared from record documents and not an on-the-
ground survey.
CREDIT AGREEMENT-CA-19-001 Page 8 of 16
Rosemary Ridge
EXHIBIT B
Map of Property
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CREDIT AGREEMENT-CA-19-001 Page 9 of 16
Rosemary Ridge
EXHIBIT C
Development Plan
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CREDIT AGREEMENT-CA-19-001 Page 10 of 16
Rosemary Ridge
EXHIBIT D
Transportation Improvements
+ Rosemary Ridge
Credit Agreement
Constructed Right-of--Way" f '
Accepted f �
'Eligible for Credit Against `' F
Transportation Impact Fees
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CREDIT AGREEMENT-CA-19-001 Page 11 of 16
Rosemary Ridge
EXHIBIT E
Credits Against Transportation Impact Fees
Net Credit Against Transportation Impact Fees
Rosemary Ridge, Ph 3
Value of Capacity Provided
City Project# Plat Case# Eligible Arterial Value
101224 FP-17-084 McCart Ave $ 467,191.43
Value of ROW Dedication
Instrument# Plat Case# Eligible Arterial Value
D218239467 FP-17-084 McCort Ave $ 77,865.24
Value of Existing Demand 4 -
Net Credit Available $ 545,056.67
CREDIT AGREEMENT-CA-19-001 Page 12 of 16
Rosemary Ridge
Capacity Provided by McCart Ave Improvements CPN 101224
Paving
Item No. Description Unit n� Unit Price CreditAysibbie
1 6"CONCRETE PAVEMENT SY 0 $ 35.00 $
2 6"LIME STABILIZED SUBGRADE SY 0 3.25 $
3 HYDRATED UME TN 0 $ 167.50 $
4 105"CONCRETE PAVEMENT MCCARTAVE SY 1,983 $ 49.50 $ 98,158.50
5 8"LIME STABILIZED SUBGRADE MCCART AVE SY 2,071 3.50 $ 7.248.S0
6 HYDRATED LIME MCCART AVE TN 44 $ 16750 $ 7,370.00
7 CONNECTTO EX CONCRETE HEADER LF 28 $ 13.50 $ 378.00
8 CONNECT TO EX PAVEMENT LF 0 14.90
9 CONNECT TO EX PAVEMENT IMCCART AVE LF 654 $ 14.90 $ 9,744.60
10 FULL-DEPTH SAW CUT&REMOVE CONCRETE PAVEMENT LF 0 5 24.95 $
11 CONCRETE HEADER LF 0 $ 20.00
12 RELOCATE END OF ROAD BARRICADE MCCARTAVE EA 1 865.00 $ 865.00
13 TYPE III END OF ROAD BARRICADE LF 0 $ 26.75 $
14 BARRIER FREE RAMP EA 0 $ 1,484.00 $ -
15 BARRIER FREE RAMP(MCCART AVE) EA 2 $ 1484.00 $ 2968.00
16 BARRIER FREE RAMP EA 0 $ 1,400.00 $ -
17 BARRIER FREE RAMP ON EX CURB EA 1 $ 1,800.00 $ 1,800.00
18 24"CONTINENTAL CROSSWALK PAVEMENT MARKING LINES LF 120 $ 10.43 $ 1,251.60
HAE
19 24"WIDE STOP BAR LF 0 $ 16.45 $
20 REFL RAISED MARKER MCCART AVE EA 15 $ 4.00 S 60.00
21 REFL RAISED MARKER MCCCART AVE EA 31 4.00 $ 124.00
22 8"SLD PVMT MARKING HAS LF 341 $ 2.95 $ 1005.95
23 8"SLD PVMT MARKING HAS LF 170 $ 2.95 $ 501.50
24 4"BRK PVMT MAEKING HAS LF 1,106 $ 1.34 $ 1482.04
25 DOUBLE 4"SLD PVMT MARKING HAS MCCART AVE LF 768 $ 2.95 $ 2,265.60
26 DOUBLE 4"SLD PVMT MARKING HAS LF 1,225 $ 2.95 3,613.7S
27 6'CONCRETE SIDEWALK MCCART AVE LF 593 $ 29.35 $ 17404.55
28 REMOVE EX GUARDRAIL MCCART AVE LF 640 $ 4.95 $ 3,16&00
29 REMOVE EX TYPE W 4"RAISED PAVEMENT MARKERS LF 690 0.34 234.60
30 REMOVE EX TYPE 1-C RAISED PAVEMENT MARKERS LF 350 $ 0.34 $ 119.00
31 REMOVE EX TYPE 2-A-A 4"RAISED PAVEMENT MARKERS LF 318 $ 0.60 $ 190.80
32 REMOVE EX SCHOOL ZONE SIGNAGE AND POST(MCCART EA 1 $ 153.60 $ 153.60
V
33 REMOVE EX CROSSWALK SIGNAGE AND POST(MCCART EA 1 $ 153.60 $ 153.60
AVE
34 REMOVE EX 4"SOLID WHITE STRIPE PAVEMENT MARKINGS LF 350 $ 0.94 $ 329.00
MCCART AVE
35 REMOVE EX 4"SOUD DOUBLE YELLOW STRIPE PAVEMENT LF 318 $ 1.80 $ 572.40
MARKINGS(MCCART AVE
36 REMOVE EX 8"CROSSWALK PAVEMENT MARKINGS LF 117 $ 1.80 $ 210.60
MCCART AVE
37 INSTALL TXDOT MGBF GUARDRAIL(MCCART AVE) LF 220 40.00 $ 8,800.00
38 TRAFFIC CONTROL LS 0 2,500.00
39 TRAFFIC CONTROL MCCART AVE LS 1 $ 2,745.00 $ 2,745.00
40 PAVING MAINTENANCE BOND LS 0 $ 12,800.00 $ -
CREDIT AGREEMENT-CA-19-001 Page 13 of 16
Rosemary Ridge
Paving(continued)
Item
No. Description Unit Quantity Unit Price CreditAvallable
1 STREET SIGN EA 0 S 169.99 S
2 STOP SIGN EA 0 $ 89.80 $
3 SCHOOL ZONE EA 2 $ 250.00 $ 500.00
4 DIAGONALARROW EA 2 $ 250.00 $ 500.00
Paving Subtotal 173 918.19
Storm Drain
Item Description Unit Eligible Unit Price NO.
1 10'CURB INLET EA 0 $ 4,000.00 $
2 10'RECESSED INLET EA 1 5 4,750.00 $ 4,750.00
3 15'CURBINLET EA 0 $ 5000.00 $
4 18"RCP LF 0 $ 50.00 $
5 24"RCP LF 0 $ 59.00 $
6 24"RCP MCCART AVE LF 0 $ 68.00 $
7 27"RCP LF 0 $ 66.00 $
8 30"RCP LF 0 $ 72.00 $ -
9 36"RCP MCCART AVE LF 341 $ 99.00 $ 33,759.00
10 42"RCP MCCART AVE LF 276 115.00 31 740.00
11 S'X4'RCB BOX CULVERT LF 0 $ 242.00 $
12 6'X4'RCB BOX CULVERT CO#1 LF 0 $ 285.00 $ -
13 6'X4'RCB BOX CULVERT MCCART AVE LF 377 $ 290.00 109 330.00
14 4'STORM JUNCTION BOX EA 0 $ 4,500.00 $
15 5'STORM JUNCTION BOX MCCART AVE EA 1 $ 5,500.00 $ 5,500.00
16 6'STORM JUNCTION BOX EA 0 $ 6,500.00 $
17 8'STORM JUNCTION BOX MCCART AVE EA 1 9000.00 9,00000
18 4'MANHOLE ACCESS RISER EA 0 $ 2,500.00 5
19 6'X4'HEADWALL BOX CULVERT EA 1 $ 7,500.00 $ 7,500.00
20 6"ROCK RIP-RAP SY 0 S 67.00 $
21 6"ROCK RIP-RAP MCCART AVE SY 145 $ 67.00 5 9,715.00
22 REMOVE EX 36"RCP STORM DRAIN MCCART AVE LF 54 $ 30.00 $ 1,620.00
23 REMOVE EX 36"RCP SLOPED END HEADWALL MCCART EA 1 500.00 $ 500.00
24 CONNECTTO EX 36"RCP STORM DRAIN MCCART AVE EA 1 $ 1,000.00 $ 1000.00
25 TRENCH SAFETY LF 0 $ 1.00 5 -
26 TRENCH SAFETY MCCART AVE LF 994 $ 1.00 $ 994.00
27 UTILITIES MAINTENANCE BOND LS 0 $ 22,750.00 5 -
Storm Drab Subtotal $ 215 8.00
Paving Subtotal $ 173,918.19
Storm Drain Subtotal :U5,40&00
I�ttf�TlLtYCI'IQll1S� 4.� . ��8
Other Ellglble Items
DemPtptbn
En ioeerin ,Suryeying and Material T esti ng2051 ofPavin &Storm Drain S 77.66524
otal Value of Capacity Provided $ 467,191.43
CREDIT AGREEMENT-CA-19-001 Page 14 of 16
Rosemary Ridge
Right-of-Way Valuation for McCart Ave
ROW Valuation Based on Adopted Transportation Improvements Pian
Transportation Improvements Plan Year 2017
Transportation Improvements Plan Project Y-46
Estimated Construction Costs from Transportation Improvements Plan $845,000.00
Value of Total Project Right-of-Way(20%of Construction Cost) $169,000.00
Total Project Right-of-Way(SF) 88,000
Right-of-Way Value Per Square Foot $1.92
ROW Valuation Based on Construction Costs
Actual Construction Costs from CFA $389,326.19
Value of Total Project Right-of-Way(20%of Construction Cost) $77,865.24
Total Project Right-of-Way(SF) 26,156
Right-of-Way Value Per Square Foot $2.98
ROW Valuation Based on TAD Value,as of 8/31/2018
TAD Account 041332628
Total Area(SF) 593,497
Appraised Value $ 215,715.00
Value per Square Foot $0.36
Right-of-Way Dedication
Arterial McCart Ave
Plat Case FP-17-084
Recorded Instrument Number D218239467
APPROXIMATE Total ROW Dedication(sq ft) 26,156.00
Value per SF $2.98
Dedication Value $77,865.24
CREDIT AGREEMENT-CA-19-001 Page 15 of 16
Rosemary Ridge
EXHIBIT F
Allocation of Credits
Credit will be allocated on a first come, first-served basis within the development's preliminary plat
boundaries (PP-14-043).
CREDIT AGREEMENT-CA-19-001 Page 16 of 16
Rosemary Ridge