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Home My WebLink AboutContract 52313�0SECRETARY TRACT NO, 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 )elow), by and among THE CITY OF FORT WORTH, TEXAS (the "City"), a Texas home rule municipal corporation, and Uplift Education, a Texas non-profit corporation 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 28.098 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 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 Citys 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 X; and WHEREAS, the City has determined the maximum transportation impact fees to be assessed against new development within service area X to be $3,806 per service unit (vehicle -miles of demand); and RECEIVED Ll �F 13R„MAY 15 2019� ��Transportation Impact Fee Credit Agreement - CA-1 M04 �'OO,I,r p�� io 3CINOFEORTWOfr(,liftHanna Ranch Sta reement 2/15/19 CITY SECRETTAR 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 agreed to dedicate the right-of-way and/ or constructed the transportation improvements shown on Exhibit "D" for which credits against transportation impact fees shall be granted; and WHEREAS, the Owner has received the following preliminary plat (or concept )Ian) approval: Uplift Hanna Ranch, PP-17-042; and WHEREAS, the Owner has dedicated 29,820 square feet of right-of-way for eligible arterial, Forest Hill Drive: Recorded as Instrument D218172921, recorded August 6, 2018; and 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". For any transportation improvement which has been previously 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 will be developed in phases, the anticipated construction of improvements by Transportation Impact Fee Credit Agreement - CA-19-004 Page 2 of 13 Uplift Hanna Ranch Standard Agreement 2/15/19 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) 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. 6. Term and Effective Date. (10) years from its Effective Date. The initial term of this Agreement shall be ten 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. 8 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 Transportation Impact Fee Credit Agreement - CA-19-004 Page 3 of 13 Uplift Hanna Ranch Standard Agreement 2/15/19 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. (Remainder of Page Intentionally Left Blank) Transportation Impact Fee Credit Agreement - CA-19-004 Page 4 of 13 Uplift Hanna Ranch Standard Agreement 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 Jesus J. Chapa Assistant City Manager Date: Director, Planning and Development Approved as to Form and Legality: Douglas Black Assistant City Attorney M&C: None required Form 1295: None required I1 �Vlar� J. Kayser City Secretary OWNER Uplift Education a Texas non-profit corporation riicxauucr Dcin Senior Director -VT I Affairs and Secretary City Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. e Westerman Engineer Transportation Impact Fee Credit Agreement - CA-19-004 Uplift Hanna Ranch Page 5 of 13 Standard Agreement 2/15/19 EXHIBIT LIST "A" Description of the Property "B" Map of Property Development Plan Eligible Transportation Improvements "E" Credits Against Transportation Impact Fees 'F" Allocation of Credits Transportation Impact Fee Credit Agreement - CA-19-004 Page 6 of 13 Uplift Hanna Ranch Standard Agreement 2/15/19 EXHIBIT Description of Property COMMENCING AT A 1/2 INCN CAPPED /RON ROD FOUND STAMPED "RPLS 4818", BEING THE SOUTHEAST CORNER OF A RIGHT--OF—WAY DEDICATION AS SHOWN ON THE FINAL PLAT FOR HANNA RANCH, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 10104, PLAT RECORDS, TARRANT COUNTY, TEXAS (PRTCT), AND BEING ON THE (VEST RIGHT—OF—V44Y LINE OF FOREST HILL DRIVE, A VARIABLE WIDTH PUBLIC RIGHT —OF- WAY, FROM K441CH A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 54, BLOCK L OF SAID HANNA RANCH, BEARS SOUTH 89 DEGREES 27 A41NUTES 35 SECONDS WEST, A DISTANCE OF 165.07 FEET, SAID COMMENCING POINT HAVING A NA083 — TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6916991.9 E:2347089.1 (BEARINGS & COORDINATE VALUES SH014W HEREON ARE IN REFERENCE TO THE NAD83 — TEXAS COORDINATE SYSTEM NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LE1CA CPS REFERENCE NETWORK. ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00012804200, BASE POINT OF 0,0,0); THENCE SOU TN 00 DEGREES 28 MINUTES 24 SECONDS EAST ALONG SAID b4EST RIGHT -OF --WAY LINE, A DISTANCE OF 172.53 FEET TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE NORTHEAST CORNER OF SAID CALLED 25.057 ACRE TRACT OF LAND, AND THE POINT OF BEGINNING, SAID BEGINNING POINT HAVING A NA083 — TEXAS COORDINATE SYSTEM POSITIO14 (GRID) OF N:6916819.4 E 2347090.5; THENCE SOUTH 00 DEGREES 28 MINUTES 24 SECONDS EAST GONTINUlhrG ALONG SAID WEST RIGHT—OF—WAY LINE, AT A DISTANCE OF 528.16 FEET, PASSING A 5/8 11JCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE EASTERNMOST SOUTHEAST CORNER OF SAID CALLED 25.057 ACRE TRACT OF LAND, AND CONTINUING A TOTAL DISTANCE OF 604.16 FEET TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE EASTERNMOST SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, FROM WHICH A 5/8 INCH CAPPED IRON ROD FOUND STAMPED "CARTER & BURGESS" FOR THE NORTHEAST CORNER OF A CALLED 6.00 ACRE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED TO EVERMAN INDEPENDENT SCHOOL DISTRICT FILED FOR RECORD IN VOLU14E 5005, PAGE 958, DEED RECORDS, TARRANT COUNTY, TEXAS (ORTCT), BEARS SOUTH 00 DEGREES 28 MINUTES 24 SECONDS EAST, A DISTANCE OF 234,78 FEET, THENCE NORTH WESTERLY, DEPARTING SAID WEST RIGHT—OF—WAY LINE, AND OVER AND ACROSS SA10 CALLED 251.386 ACRE TRACT OF LAND, THE FOLLOS"TtNG CALLS: 45 DEGREES 28 MINUTES 24 SECONDS bM1cST A DISTANCE OF 14.14 FEET TO A 5/8 INCH CAPPED IRON ROQ SET STAMPEQ "MYCOSKIE MClNNtS'; SOUTH 89 DEGREES 31 MINUTES 36 SECONDS WEST, A DISTANCE OF 31.21 FEET, 70 A 5/8 INCH CAPP£Q IRON ROD SET STAMPED 'A?YCOSKIE MCINNIS"; BEING AT THE B£Gt1JN1NG OF A CURVE TO THE LEFT HAVING A RADIUS OF 427.00 FEET ALONG SAID CURVE TO THE LEFT, AND IN A SOUTHWESTERLY DIRECTION, THROUGH A CENTRAL ANGLE OF 27 DECREES 31 MINUTES 21 5ECOhiDS, AN ARC LENGTH OF 205.11 FEET, AND HAVING A LONG CHORD WOMI BEARS SOUTH 75 DEGREES 45 MINUTES 56 SECOtN05 Wc`ST A CHORD LENGTH OF 203,15 FEET TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS': SOUTH 62 DEGREES 00 MINUTES 15 SECONDS WEST A DISTANCE OF 65.94 FEET TO A 5/8 INCH CAPPED IRON ROD SET STAMPED ''MYGOSKlE MCINNtS'; BE1NC AT TI-!E BEGItJtJlNG OF A CURVE TO THE RIGHT HAVltJG A RADIUS OF 493.00 FEET ALONG SAID CURVE TO THE RIGHT, AND 1N A SOUTHWESTERLY DIREC770N, THROUGH A CENTRAL ANGLE OF 27 DEGREES 26 MINUTES 02 SECONNDS, AN ARC LENGTH OF 236.05 FEET, AND HAVING A LONG CHORD WH1GN BEARS SOUTH 75 DEGREES 43 AflNUTES 16 SECONDS WEST, A CHORD LENGTH OF 233.81 FEET TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE dACINNIS' SOUTH 89 DEGREES 26 MINUTES 17 SECONDS WEST, A DISTANCE OF 282.53 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MC1NNlS"; SOUTH 00 DEGREES 33 MINUTES 11 SECONDS EAST, A DISTANCE OF 360.32 FEET, 70 A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNf5 ; FROM Ydi-IPCH A 5/8 INCH GAPPED IRON ROD FOUND STAMPED "CARTER &BURGESS" FOR THE NORTHWEST CORh1ER OF A CALL£Q 6.0 ACRE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED TO EVERMAN INDEPENDENT SCHOOL DISTRICT, FILED FOR RECORD IN VOLUME 5923, PAGE 978, DRTCT BEARS NORTH 23 DEGREES 26 MINUTES 40 SECONDS EAST A DISTANCE OF 272,93 FEET: Transportation Impact Fee Credit Agreement - CA-19-004 Page 7 of 13 Uplift Hanna Ranch Updated 2/15/19 SOUTH 89 DEGREES 17 MINUTES 38 SECONDS WEST, A DISTANCE OF 6Q7.32 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE SOUTHWi'EST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, FROM WHICH A 1/2 INCH CAPPED IRON ROD FOUND STAMPED "RPLS 4818" FOR AN INTERIOR BOUNDARY CORNER OF A CALLED 7.110 ACRE TRACT OF LAND AS DESCRIBED JN THE SPECIAL WARRANTY DEED TO EASTGATE PROPERTIES, INC, A WASHINCTON CORPORATION, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. 0204151819, OPRTCT BEARS SOUTH 63 DEGREES 16 MINUTES 53 SECONDS EAST, A DISTANCE OF 369.33 FEET; THENCE lLrORTH dd DECREES 4d �AINUTES 07 SECONDS WEST, fiT A DISTANCE OF 66.QQ FEET; PASSING A 518 INCH CAPPED IRON ROD SET STAMPED "MYCDSKIE MCINNIS" FOR THE SOUTHWEST CORNER OF SAID CALLED 25,057 ACRE TRACT OF LAND , AND CONTINUING FOR A TOTAL DISTANCE OF 1,086.09 FEET, TO A 518 lt•TCii CAPPED IR014 ROD SET STAMPED "MYCDSKIE MCINNIS" FOR THE NORTHWEST CORNER OF SAID CALLED 25.057 ACRE TRACT OF LAND, FROM WHICH A 518 INCH CAPPED IRON ROD FOUND STAMPED "RPLS 5430" FOR THE SOUTHWEST CORNER OF LOT 5, BLOCK 71, OF SAID HANNA RANCH, BEARS NORTH QO DECREES 13 MINUTES 00 SECONDS EAST, A DISTANCE' OF 171.05 FEET; THENCE NDRTti 89 DECREES 17 dIlNUTES 18 SECONDS EAST, ALONG THE NORTH LINE OF SAID CALLED 25.057 ACRE TRACT OF LAND, A DISTANCE OF 227.75 FEET, TO A 518 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS'; THENCE 1JORTH Dd DEGREES 42 MINUTES 42 SECONDS I4EST; DEPARTING SAID NORTH UNE, A DISTANCE OF 60,00 FEET, TO A 518 INCH CAPPED IRON ROD SET STAMPED "MYCDSKIE 14CINNIS"; THENCE NORTH 89 DECREES t 7 MtIJUTES t8 SECONDS EAST, A DISZAPICE OF 4d.00 FEET TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCDSKIE MCINNIS';' THENCE NORTH QO DECREES 42 MINUTES 42 SECONDS ">lEST; A DISTANCE DF 1tt.00 FEE% TO A 5j8 INCH CAPPED IRON ROD FOUND STAMPED "RPLS 5430" FOR THE SOUTHEAST CORNER OF LOT 1, BLOCK 11, OF SAID HANNA RANCH, SAME BEING THE ON THE i'r'EST LINE OF PIMLICO STREET, A 50� FOOT PUBLIC RIGHT— OF— W4 Y; THENCE" NORTH 89 DECREES 17 MINUTES 18 SECONDS EAST; A DISTANCE OF 50A0 FEET, TO A 518 INCH CAPPED IRON t?OD FOUrVLD STAMPED "RPLS 543d" OP1 THE FAST LINE, DF PIMLICO STREET SAME BElNC THE SOUTHWEST CORNER OF LOT 17, BLOCK 4, OF SAID HANNA RANCH; TNETJCE SOUTH dd DEGREES 42 MINUTES 42 SECONDS EAST; A DISTANCE OF 111.00 FEET; TO A 5/8 INCH CAPPED IRON ROD SET° STfiMPED "MYCDSKIE MCtNAIIS'; THEt;fCE. tJORTI! 89 DECREES 17 MINUTES 18 SECONDS EAST; A DISTANCE OF 40.00 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAIAPED "41YCOSKPE ,+ACPPdNPS"; 7HENCE SOUTH dd DECREES 42 MINUTES 42 SECONDS EAST, A DISTANCE OF 60.00 FEET; TO A 518 INCH CAPPED tROPt ROD SET STAMPED "MYCDSKIE MCINNIS'; BE1NC OAl THE NORTH LINE OF SAID CALLED 25.057 ACRE TRACT OF LAND; HENCE NORTH 89 DEGREES 17 MINUTES 18 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1D59.68 FEET, TO THE POINT OF BEGlNN/1TG AND COIJ7AINING 28.098 ACRES (1,223,960 SOUARE FEET) OF LAND. MORE OR LESS, Transportation Impact Fee Credit Agreement - CA-19-004 Page 8 of 13 Uplift Hanna Ranch Updated 2/15/19 EXHIBIT B Map of Property l ar 'ITE MAPSCO N0. �06G COUNCIL DISTRICT 8 UPLIFT - HAMVA RANCH ADDITION BLOCK 1, LOT 1 BE/NG 28.316 ACRES OF LAND LOCATED /N BLOCK 25 N SHELBY COUNTY SCHOOL LAND SURVEY ev ABSTRACT NO. 1375, C/TY OF FORT WORTH, TARRANT COUNTY, TEXAS Transportation Impact Fee Credit Agreement - CA- 19-004 Page 9 of 13 Uplift Hanna Ranch Updated 2/15/19 r EXHIBIT C Development Plan Y Z 'S r • •� [� �7� i a f V F • i i i �11� r= ' 1 IJa Sa 3� t. q Y � h I j t RCta a2..._ E=+c ki Fi r d r (4rla.-- •w 4 r� or ouimdr i— 101 I It FA olm Iq Jn, Transportation Impact Fee Credit Agreement - CA-19-004 Page 10 of 13 Uplift Hanna Ranch Updated 2/15/19 R, P ;r, X, r r. f Uplift Hanna Ranch Credit Agreement Dedicated Right -of -Way'' Accepted 'Eligible for CreditAgainst Transportation Impact Fees FORT WORTkt . EXHIBIT U Transportation Improvements t`'Ro AL.CRES711 1JS4Ni3 EA 0 IMC J C HANNA-RANCH biLL -- O re FJ TURF PARppISE I - — - A Un y TURF PARADISE :D i --- Eligible Improvements Limits From approximately 130' Forest Hill Dr south of Hanna Ranch Blvd for i 11900 ft to the south Transportation Impact Fee Credit Agreement - CA-19-004 Page 11 of 13 Uplift Hanna Ranch Standard Agreement 2/15/19 EXHIBIT E Credits Against Transportation Impact Fees Right -of -Way Valuation for Forest Hill Rd 2017 Transportation Improvements Plan Project X-21 Estimated Construction Costs from 2017 $3,766,000000 Transportation Improvements Plan Value of Total Project Right -of -Way (20% of $753,200000 Construction Cost) Total Project Length (LF) 31790 Arterial Cross -Section Width (LF) 110 Additional ROW needed for Roundabout (SF) 0 Total Project Right -of -Way (SF) 416,900 Right -of -Way Value Per Square Foot $1.81 TAD Value as of 04/09/19 TAD Account 04898524 Total Area (SF) 1,191,801 Appraised Value $2,736.00 Value per Square Foot 50.01 Right -of -Way Dedication Forest Hill Rd FP-17-108 -Recorded as Instrument D218172921 Total area of ROW to be dedicated Value per SF Total Credit Available 29,820 .81 $1 53,974.20 Existing Demand $ - Net Credit Available 53,974.20 Transportation Impact Fee Credit Agreement - CA-19-004 Uplift Hanna Ranch Page 12 of 13 Updated 2/15/19 EXHIBIT F Allocation of Credits Credit shall be allocated on a first -come, first served basis to the property within this final plat. IV Io, 15 1 f, y Z l 3 i i r� is Transportation Impact Fee Credit Agreement - CA-19-004 Page 13 of 13 Uplift Hanna Ranch Standard Agreement 2/15/19