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HomeMy WebLinkAboutContract 55631CSCO NO. 55631 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, Meritage Homes of Texas, LLC, an Arizona limited liability company, and GRBK Edgewood, LLC, a Texas limited liability company, both authorized to do business in Texas (the "Owners") (the City and the OwneYs a"Party" and collectively, the "Parties"). RECITALS WHEREAS, the Owner is the owner of approximately 216.083 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 idenrifies the on-site and/or off-site transportation facilities necessar5� 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 aYe imposed on new development for impacts to the City's transpoYtation facilities as a result of said development; and WHEREAS, transportation impact fees are collected and must be spent by the Ciry on impact fee eligible transportation facilities identified within the City's adopted Transportation Improvements Plan ("TIP"), as amended, within the seYvice aYea(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 construction of transportation improvements identified as impact fee eligible on the adopted TIP; and WHEREAS, the Properry is located within service area E; and WHEREAS, the City has determined the maximum transportation impact fees to be assessed against new development within service area E to be $3,449 per service unit (vehicle-miles of demand); and 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 and constructed the transportation improvements shown on Exhibit "D" for which credits against transportation impact fees shall be granted; and Transportation Impact Fee Credit Agreement — CA-21-006 Cibolo Hills Phase 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX WHEREAS, the Owner has received approval for the Cibolo Hills concept plan, CP-19-001 and the Cibolo Hills preliminary plat PP-19-014; and WHEREAS, the Owner has dedicated 125,626 square feet of right-of-way for the eligible arterial, Eagle Mountain Parkway�, recorded as Instrument D220187858, August 4, 2020; and WHEREAS, the Owner has approved construction plans (IPRC19-0169) and executed a Community Facilities Agreement (CFA19-0106), and obtained final acceptance by the City for Cibolo Hills Phase 1, City Project Number 102251, City Secretary Contract Number 53136. NOW, THEREFORE, for and in consideYation of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the Ownex 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. Trans�ortation Im�rovements. Owner has dedicated the rights-of-way for and construct the system facilities identified in Exhibit "D", and the Yight-of-way dedication and construction improvements have been accepted by the City prior to execution of this Agreement. 3. Credits. The Parties agree that the estimated value of the credits for each transpoYtation impYovement, expressed in current dollars, shall be as set foYth 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. Ph�. The Parties acknowledge that, wheYe 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 bv 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 sha11 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. Transportation Impact Fee Credit Agreement - CA-21-006 Page 2 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 6. Term and Effective Date. The term of this Agreement shall be ten (10) years from its Effective Date. 7. Assignment. Owner shall have the Yight to assign this AgYeement to any peYson or entity ("Owner's Assignee") with the wYitten 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 Propert��. Amendment. This Agreement shall not be modified oY amended except as follows: (a) Any amendment or modification to this Agreement oY any Exhibit or schedule hereto shall be in wYiting 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 effecrive on the date executed by the Parties oY, as applicable, upon the date of approval by the Ciry Council or designated city official. 9. Exhibits. The exhibits attached to this Agreement are incorporated as part of this AgYeement foY all purposes as if set foYth in full in the body of this Agreement. (Remainder of Page Intenrionally Left Blank) Transportation Impact Fee Credit Agreement - CA-21-006 Page 3 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 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 ��1Gi l�l�GlGl4t0�'F Dana t3urghdoff IAp 26, 2021� Dana Burghdoff Assistant City Manager Apr 26, 2021 Date: Recommended B�T: � DJ Ha�r23, 2021 0821 CDT) OWNER Meritage Homes of Texas, LLC an Arizona limited liability company David Au�,hlnb gh (Apr 23, 2021 OS:02 CDT) David Aughinbaugh Vice President of Land OWNER GRBK Edgewood, LLC a Texas limited liability company �� Bobby Samuel (Apr23, 202108:09 CDT) Bobby Samuel Vice President DJ Harrell Director, Development Services Approved as to Form and Legality: �l DBlack (Apr 23, 2021 19:30 CDT) Douglas Black Assistant City� Attorney M&C: None required Form 1295: None required AT'TEST: � ��'��, Mary J. Kayser City Secretary Transportation Impact Fee Credit Agreement - CA-21-006 Cibolo Hills Phase 1 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. , ,.. `�����- fo r Leonard Mantey Planning Manager, Strategic Operations Development Services Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT LIST "A" Description of the Property `B" Map of PropertyT "C" Development Plan "D" Eligible Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits Transportation Impact Fee Credit Agreement - CA-21-006 Page 5 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 EXHIBIT A Description of Property BEING A TRACT OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT NUMBER 1497, THE J.A. GILL SURVEY, ABSTRACT NUMBER 570 AND THE S. FORD SURVEY, ABSTRACT NUMBER 531, TARRANT COUNTY, TEXAS, BEING A PORTION OF THOSE TRACTS OF LAND DESCRIBED BY DEED TO CHAPEL HILL WEST LLC. RECORDED IN INSTRUMENT NUMBERS D218219520 AND D218219521, COUNTY RECORDS, TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A PK NAIL IN CONCRETE FOUND AT THE NORTHEAST CORNER OF SAID CHAPEL HILL WEST TRACT, BEING THE SOUTHEAST CORNER OF THAT TRACT (TRACT II) OF LAND DESCRIBED BY DEED TO PETE AND JO BONDS FAMILY PARTNERSHIP, LTD. RECORDED IN INSTRUMENT NUMBER D213039813, SAID COUNTY RECORDS AND BEING IN THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 81 AND S.H. 287 BUSINESS KNOWN AS SAGINAW BOULEVARD (A CALLED 120 FOOT RIGHT-OF-WA�; THENCE S 22°13'27" E, 144.24 FEET, WITH THE COMMON LINE OF SAID CHAPEL HILL WEST TRACT AND SAID WEST RIGHT-0E-WAY LINE TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE POINT OF BEGINNING; THENCE S 22°13'27" E, 1,537.16 FEET, CONTINUING WITH THE COMMON LINE OF SAID CHAPEL HILL WEST TRACT AND SAID WEST RIGHT-0E-WAY LINE TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; THENCE DEPARTING SAID COMMON LINE OVER AND ACROSS SAID CHAPEL HILL WEST TRACT THE FOLLOWING COURSES AND DISTANCES; S 61°50'S1" W, 286.23 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 05°32'S7" E, 781.12 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 07°16'23" W, 595.12 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 47°40'27" E, 96.82 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 402.29 FEET, THROUGH A CENTRAL ANGLE OF 19°5T22", HAVING A RADIUS OF 1,155.00 FEET, THE LONG CHORD WHICH BEARS N 57°39'08" E, 400.26 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 67°37'49" E, 316.92 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED Transportation Impact Fee Credit Agreement - CA-21-006 Page 6 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 "PELOTON" SET; S 22°13'27" E, 55.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 67°37'49" W, 316.78 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 383.13 FEET, THROUGH A CENTRAL ANGLE OF 19°57'22", HAVING A RADIUS OF 1,100.00 FEET, THE LONG CHORD WHICH BEARS S 57°39'08" W, 381.20 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 47°40'27" W, 250.00 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 832.19 FEET, THROUGH A CENTRAL ANGLE OF 43°20'47", HAVING A RADIUS OF 1,100.00 FEET, THE LONG CHORD WHICH BEARS S 69°20'51" W, 812.49 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 88°58'46" W, 500.00, FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 116.57 FEET, THROUGH A CENTRAL ANGLE OF 06°04'18", HAVING A RADIUS OF 1,100.00 FEET, THE LONG CHORD WHICH BEARS S 87°59'05" W, 116.51 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 05°03'04" W, 55.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 02°49'06" W, 69.57 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 67.22 FEET, THROUGH A CENTRAL ANGLE OF 12°50'19", HAVING A RADIUS OF 300.00 FEET, THE LONG CHORD WHICH BEARS N 03°36'04" E, 67.08 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT; WITH SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 67.22 FEET, THROUGH A CENTRAL ANGLE OF 12°50'19", HAVING A RADIUS OF 300.00 FEET, THE LONG CHORD WHICH BEARS N 03°36'04" E, 67.08 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 02°49'06" W, 22.75 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; Transportation Impact Fee Credit Agreement - CA-21-006 Page 7 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 1,02139 FEET, THROUGH A CENTRAL ANGLE OF 102°40'08", HAVING A RADIUS OF 570.00 FEET, THE LONG CHORD WHICH BEARS N 54°09'10" W, 890.12 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 74°30'46" W, 126.87 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 818.47 FEET, THROUGH A CENTRAL ANGLE OF 53°17'22", HAVING A RADIUS OF 880.00 FEET, THE LONG CHORD WHICH BEARS N 78°50'33" W, 789.28 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 52°11'52" W, 265.64 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THF. LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 461.29 FEET, THROUGH A CENTRAL ANGLE OF 27°14'50", HAVING A RADIUS OF 970.00 FEET, THE LONG CHORD WHICH BEARS N 65°49'17" W, 456.95 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 10°33'19" E, 190.94 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 46937 FEET, THROUGH A CENTRAL ANGLE OF 31 °38'21 ", HAVING A RADIUS OF 850.00 FEET, THE LONG CHORD WHICH BEARS N 05°15'S2" W, 463.43 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 21°05'02" W, 191.71 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 25°03'58" W, 350.64 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 69°24'17" W, 405.51 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 20°35'43" E, 395.86 FEET, TO A 1/2 INCH IRON ROD WITH CAP STAMPED "BROOKES BAKER FOUND IN THE NORTH LINE OF SAID PARCEL 1, BEING THE SOUTH LINE OF AFOREMENTIONED PETE AND JO BONDS FAMILY PARTNERSHIP TRACT; N 81°38'52" E, 1,362.27 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 08°22'31" E, 558.58 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED Transportation Impact Fee Credit Agreement - CA-21-006 Page 8 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 "PELOTON" SET; S 68°54'58" W, 142.53 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 17°17'3T' E, 78.71 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 73.60 FEET, THROUGH A CENTRAL ANGLE OF 01°11'40", HAVING A RADIUS OF 3,530.00 FEET, THE LONG CHORD WHICH BEARS N 73°30'24" E, 73.59 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 74°O6'14" E, 795.35 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 37.82 FEET, THROUGH A CENTRAL ANGLE OF 43°20'30", HAVING A RADIUS OF 50.00 FEET, THE LONG CHORD WHICH BEARS N 52°25'59" E, 36.93 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A REVERSE CURVE TO THE RIGHT; WITH SAID REVERSE CURVE TO THE RIGHT, AN ARC DISTANCE OF 90.77 FEET, THROUGH A CENTRAL ANGLE OF 86°41'01", HAVING A RADIUS OF 60.00 FEET, THE LONG CHORD WHICH BEARS N 74°O6'14" E, 82.36 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT; WITH SAID REVERSE CURVE TO THE LEFT, AN ARC DISTANCE OF 37.82 FEET, THROUGH A CENTRAL ANGLE OF 43°20'30", HAVING A RADIUS OF 50.00 FEET, THE LONG CHORD WHICH BEARS S 84°13'31" E, 36.93 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 74°O6'14" E, 52.55 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 270.06 FEET, THROUGH A CENTRAL ANGLE OF 20°05'44", HAVING A RADIUS OF 770.00 FEET, THE LONG CHORD WHICH BEARS N 64°03'22" E, 268.68 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 54°00'30" E, 371.94 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 09°00'30" E, 14.14 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 35°59'30" W, 62.57 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; Transportation Impact Fee Credit Agreement - CA-21-006 Page 9 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 156.65 FEET, THROUGH A CENTRAL ANGLE OF 27°36'59", HAVING A RADIUS OF 325.00 FEET, THE LONG CHORD WHICH BEARS N 22°11'01" W, 155.14 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 08°21'08" W, 52.87 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 81°38'52" E, 50.00 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 08°21'08" E, 52.85 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 132.55 FEET, THROUGH A CENTRAL ANGLE OF 27°36'S9", HAVING A RADIUS OF 275.00 FEET, THE LONG CHORD WHICH BEARS S 22°11'01" E, 131.27 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 35°59'30" E, 62.57 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; S 80°59'30" E, 14.14 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 54°00'30" E, 24.01 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 318.98 FEET, THROUGH A CENTRAL ANGLE OF 34°29'01", HAVING A RADIUS OF 530.00 FEET, THE LONG CHORD WHICH BEARS N 71°15'01" E, 314.19 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; N 88°29'31" E, 249.30 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 108.45 FEET, THROUGH A CENTRAL ANGLE OF 20°42'47", HAVING A RADIUS OF 300.00 FEET, THE LONG CHORD WHICH BEARS N 78°08'08" E, 107.86 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; THENCE N 67°46'44" E, 230.21 FEET, TO THE POINT OF BEGINNING AND CONTAINING 9,412,588 SQUARE FEET OR 216.083 ACRES OF LAND MORE OR LESS. Transportation Impact Fee Credit Agreement - CA-21-006 Page 10 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 EXHIBIT B Map of Property 5 t � � • r• PF��J EvT . �ITE � k 1h' 6rJ.Cf Q�iA�1 Al4�4G r� � .� ti! � � �� �I I �wl_.- ��� � �� ��� � *' � �' � � o•. E S�kI.CY 60�4�! LL RG� IL+.::��ti71: II. ti� ��'' j � �i� r`� }~� ��-� ' � � r. Fv � T��� � � � t� � � x �. . � �.� � �u"4'4, �� � 1� vC" '� 1{tl : Transportation Impact Fee Credit Agreement - CA-21-006 Page 11 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 .ti'��= �t� =� � =�:: EXHIBIT C Development Plan �� �� :m 'r :� �� y �i T � � � ��\ Y � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � + • � � Transportation Impact Fee Credit Agreement - CA-21-006 Page 12 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 EXHIBIT D Transportation Impact Fee Credit Agreement - CA-21-006 Page 13 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 Transportation Improvements EXHIBIT E Credits Against Transportation Impact Fees �I�O�D HI��S Net Credit Against Transparta#ion Ir�ipa�# Fees Value of ROW �edi�ation Instrument # a220187858 Value of Capacity Provided City Project # 1Q2251 Plat Case # Eligi6le Arterial Value FP-19-Ofi8 Eagle Mountain Parkway $ 223,513.39 Plat Case # Eligible Arterial Value FP-1?-OG8 Eagle Mauntain Parkway $ 1,Q88,525.7G TaTAL IMPACT FEE CREDIT $ 1,312,139.55 Value of Existing Demand Consumed C.redit as of April 21, 2021(71 Building Permitsj $ 237,496,04 Net Credit Availahle $ 1,U74,643.15 Transportation Impact Fee Credit Agreement - CA-21-006 Cibolo Hills Phase 1 Page 14 of 17 Updated 2/23/2021 Right�f-il�lay �+al uati�n f�r �i bolo N i�s valuation M�th�.+d i- Prt��rrtag��fTIP Pr�j�rt��st E x�b a �s.'ta' �3 2_��- T• a r= p�•t at �,r Im p•�aam sr t P a r P•� i�t �,�mba. E=t�rc 3ta� ��rst2�t��r ��=L f•�rc ��1- T•3r=port3t'�r Ircp•��rcert P3r �3 La�T�3 P'�Ia{'[fa{ft-0f-1��3�j'����f .�rst2�t'�r ��=t; T�ta P•� i�t Lar {th I L F; �.•ta� a � •�5aet��r 71�l��tF �LF; .�� �'t'�r a��v� r aa� a� f�• ���r �3��Lt �SF� T�t3 P•� i�t �'{ Ft�f-7l�F3y �SF; Rigfrt�f-i1�1�y �+al ue P�r 5.quar� Fa�t �aluatio n M�t ht+d z- TAa ap p r�is�e� valu� T.�a w3 L a 35 �f 3+�5+���1 T�.a �.��� � r t t3 .$'e3 �SFi �'3=a� 5F3 La �alu� per 5,q uar� F��t �aluatio n M�t ht+d 3- P� r{�rrtag� �f ��nst rurti�n ��st T�ta ��rst•��t��r ��t �f � Ph 1�1555 �3 La �f T�3 P'�Ia{'[ fa {ft-0f-V4�3�j' ��� �f ��r=t•��t'�r ��st; T�ta P•� i�t Lar {tF � L F; .�'ta'�3 �'�SaCt���7l�f��tF ILF; T�t3 P'�faCt fa�{ft�f-1�3� �SF; Rigfrt�f-i1�1�y Val ue P�r 5.quar� Fa�t Right�f-il�lav Uedi{ati�n ���•� �r{ Ir=t•�mart F, �m ba• �a��•�'r{ aata T�3 3'a3 � fa�1�� �a� {3ta� Lr3 L a ��' SF �'a� t T�TAL Ri�ht�f-wav U�di{atio n �r�dit Transportation Impact Fee Credit Agreement - CA-21-006 Cibolo Hills Phase 1 Ea{ aM��rta�r E-� 55,5 -5,�0� 51,13 5,5�0 4���4 11� � S'�+Dr- � Si,�$ ��513-�1 1-,3 3�,{41 53,5 �8,- 3 Z.�O �+D .2 � 5��-, i� 5 5 i� i,��i Z, Z3� 11� � 51,� 51 SD ,7 3 Ea{ aM��rta�r a���i3-�5� �.+�.+ Z�Z� 125,5 �5 = � ft 51.-6 3��3,513.3� $� 23,613� 3�4 Page 15 of 17 Updated 2/23/2021 CaparityRrovidedbyEagl�h+IQurrtainCanstrixtiffn CRN 142?5S iFti=_--_g Mavir� Itsm C�arnpleta� E'{ b e �¢. 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LI f t P' {a �'9C t.�V3 3� 9 �a �y�y � ccc ccc - a—c -- - �_,�_£c-- � c� f�F, �L:- III ; �t 3t 3 LF ��TP =c3 - a-�-- - -agr�.::� 3 i�' : LI f� 6 IA LET E� isa Z - 3,�Oa.00 S 5,�0.�0 � Tf E h� h S,�F ETY LF 533 553 5 1.00 5 563.�0 5 TS{DOT:F-PVJ-SFE.�EVJ,31L ��{3 f�:6' FA � Z 5 ���.00 5 �5000.�0 S 13'TFICKS' F�:IC�IPf�.P SY 25� 353 - �5.ff0 5 3535�.�D =��tJt3 5 3+3'�,•T'�B� 3t=•� C•_ ���t = f=• d•t=_• a 5t•mt L•_+9� St�rrn ar�in5ubtfltal S 3i?�,7�.Br00 5treet Li¢h[ Improvemerrts Itsm ��m p sta� E'{ b s A¢. D°5{' R'[ Of LI f t �L31rt CiL3ft. LI f t P' {9 �'9C t.�V3 3� 9 z :�r,�T�; -:r�=,T � �,_�_ £«- - -,« - t�,��•_- � LEa LIwFTIAc FI�CvF,E ; : �r'r�TT �T6e : �6F,� FE"C E�% - o-� `_.__ _ _ __ 3 �D1+J`f ILLIJ hA F�ll F, a.&ll Oh TY 1 2.&h D�� �� i io' Es. �? 13 - 3�Od.00 5 �i 5A0.�0 � Fll f�h ISF,+Ih5T,31L f� DVJAY ILLII hA TY 13 R�LE �. O i; FA 13 13 � �,11Z.00 5 �-,�55.�0 5 FlJfF,IShiIF,5T,31LTYPE 33�,:frY1;�Di; Fr'. 13 13 5 155.00 5 2,7.'�5.�0 5 ��#�90 YOLTSIF,wLE PF Tf.,�F,=��ICET METE�Ea PEaI�� F�. � 1 5 5{�.ff0 5 5{�.�0 - � f OIJ F, D 6 09f TYPE 6 1+,�r.$Pf Oh � � OL; F}'.. 11 2 5 SEry.00 5 1,313.�0 3 F,�i�lASlI.�LTEDELE::�ADFI:�iib; LF ��r-34 -�4 5 0.25 5 -,�-�.90 SLbtot3 5 iZ-� �3�.30 Str�et ht �n rouerneMs $ i�A 34.3U P3Yf?SLGtfl'[3 5 �T3,iZ�.� �_ •"' G`•=_ � =���t=t=_ = 3{�3,?'�3.�0 3t'==t L?'t I"'�•'=r="E't � iL3 23�3� C 4h1STRUCTI ON SU 9T4TAL S 9�7 �+l,�D Oxher Eli¢ihle Items ae�� pt �ffr E.��,=. ._, �-v� �� = = rv{rty =_ r_=t �e f_;: -' F=_,� �e � �_•-- C'_ ' - _'S_r%f: - r' T�tal Va lu � flF Capadty Rr�ri d�d 5 1,�35� 2s.-5 Transportation Impact Fee Credit Agreement - CA-21-006 Page 16 of 17 Cibolo Hills Phase 1 Updated 2/23/2021 EXHIBIT F Allocation of Credits Credit will be allocated on a first-come, first-serve basis within the boundary of the approved preliminary plat PP-19-014 Transportation Impact Fee Credit Agreement - CA-21-006 Page 17 of 17 Cibolo Hills Phase 1 Updated 2/23/2021