The URL can be used to link to this page

Home My WebLink AboutContract 49831-A1 49831-Al City Secretary Contract No. AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT NO. 49831 WHEREAS,the City of Fort Worth("City")and Fort Worth Everman/Risinger Development, LLC("Owner") made and entered into a Transportation Impact Fee Credit Agreement,City Secretary Contract No. 49831 (the"Agreement"); and WHEREAS, the Owner acquired Lot 1, Block 2 of Everman Trade Center, recorded as instrument D219062563 in the Tarrant County real property records on March,29,2019; and WHEREAS,Lot 1,Block 2 of Everman Trade Center was platted via instrument D217163204 in the Tarrant County real property records and recorded on July 18, 2017; and WHEREAS, Lot 1, Block 2 of Everman Trade Center is immediately adjacent to the "Property" as defined in the Agreement; and WHEREAS, the Owner and City have executed a future improvements agreement for the construction of W Everman Pkwy along the northern boundary of the "Property", recorded as City Secretary Contract No. 53667; and WHEREAS,it has become necessary to execute this Amendment No. 1 to said Agreement to reallocate certain credits and replace Exhibits "A", "C", "D", "E" and "F" with Exhibits "A-1","C- 1", "D-1", "E-l" and"F-1" attached to this Amendment. NOW THEREFORE, City and Owner, acting herein by and through their duly authorized representatives, enter into the following agreement that amends the Agreement: 1. The definition of"Property" in the Agreement is hereby modified to include the tract of land described on Exhibit"A-l" attached hereto. Exhibits"C","D","E", and"F"to the Agreement shall be replaced with the Exhibits "C-1", "13-1", "E-1", and "F-1" respectively, attached hereto and incorporated herein by this reference. 2. All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. (Remainder of Page Intentionally Left Blank) OFFICIAL RECORD CITY SECRETARY Transportation Impact Fee Credit Agreement Amendment 1 Southland Business Park-CA-17-011 FT. WORTH, TX IN WITNESS WHEREOF, the undersigned parties have executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH,TEXAS OWNER Fort Worth Everman/Risinger Development, 47aela, LLC Dana Burghdoff(Aug 7,202 8:42 CDT) a Texas limited liability company Dana Burghdoff Assistant City Manager By: Majestic-Everman Investor,LLC Aug 7, 2021 a Delaware limited liability company Date: its managing member By: Majestic Realty Co. Recommended By: a California corporation Manager's Agent DJ Harrell 6,202109:31 CDT) E0W, RO P. ROSKI TR D.J. Harrell EDWARD P.ROSKI JR(Aug 4,202109:25 PDT) Director, Development Services Edward P. Roski Jr. President and Chairman of the Board Approved as to Form and Legality: Aug 4� 2021 Date: 9 DBlack(Aug 6,202111:53 CDT) Contract Compliance Manager: Douglas Black Assistant City Attorney 0o�4nn�� By signing, I acknowledge that I am the oq�FOR? M&C:None required ,p p°°°° °�f►. person responsible for the monitoring and 9�° °°�•Id administration of this contract, including ° O ATTEST: 000 o=d ensuring all performance and reporting $ 0 �d *°° �`d requirements d� °OO000O° o, nEXAso�p Ronald P.Gonzales(Aug 9,202107:53 CDT) LEONARD A MANTEY(Aug 2,2021 23:26 CDT) Ronald Gonzalez Leonard Mantey, Planning Manager Acting City Secretary Development Services Department OFFICIAL RECORD Transportation Impact Fee Credit Agreement Amendment 1 CITY SECRETARY Southland Business Park-CA-17-011 FT. WORTH, TX EXHIBIT A-1 Description of Addition to Property Beginning at a 5/8"iron rod found in the northerly line of said Tract 2,being the northwest corner of Lot 1,Block 1 of QT-873 ADDITION, an addition to the City of Fort Worth,Tarrant County,Texas according to the plat thereof recorded in Cabinet A, Slide 7670 of the Plat Records of Tarrant County, Texas and being in the south line of Tract 1,being a 35.0262 acre tract described in said deed to BEW Development,LLC; THENCE South 0°22'09" East, along the west line of said Block 1,a distance of 435.85 feet to a 1/2" iron rod found for the southwest corner of said Block 1,being in the south line of said Tract 2 and the north line of Block 1 of NATIONAL CAN CORPORATION ADDITION, an addition to the City of Fort Worth,Tarrant County,Texas according to the plat thereof recorded in Volume 388-68,Page 8 of the Deed Records of Tarrant County,Texas; THENCE South 89°33'09" West,along said south line of Tract 2 and said north line of Block 1,a distance of 117.49 feet to a capped 5/8" iron rod set marked "KHA",for the northwest corner of said Block 1,the northeast corner of a 112.3316 acre tract of land descried in the deed to Fort Worth Everman/Risinger Development,LLC as recorded in Instrument No.D2 of said Official Public Records, from which a"PK"nail found bears North 00°12'West, a distance of 1.4 feet and a 1/2"iron rod found bears North 75°48'East,a distance of 5.7 feet; THENCE South 89°33'09" West,continuing along said south line of Tract 2 and the north line of said 112.3316 acre tract,a distance of 1336.81 feet to a capped 5/8" iron rod set marked "KHA" at the west corner of said Tract 2 and being in the south for line of West Everman Parkway,(having a 65 foot right- of-way), and being in a non-tangent curve to the left; THENCE in a easterly direction,along the north line of said Tract 2 and said south right-of-way line of West Everman Parkway with said curve to the left,having a central angle of 16°50'13",a radius of 1200.00 feet, an arc length of 352.63 feet and a long chord bearing and distance of North 79'11'12" East, 351.37 feet to a point for corner to a capped 5/8" iron rod set marked "KM"; THENCE North 70°46'06" East,continuing along the north line of said Tract 2 and said south right-of- way line of West Everman Parkway,a distance of 871.84 feet to a ''/2"iron rod found for the southwest corner of said Tract 1 and also being the southwest corner of a 30'wide Use and Passage Easement to the City of Fort Worth,as recorded in Volume 6526,Page 855 of said Deed Records; THENCE North 19°14'42" West,along the west line of said Tract 1,the west line of said 30'wide Use and Passage Way easement,to and along the east right-of-way line of Sheridan Road(30'right-of-way)as dedicated in the plat for BROOKWOOD PARK an addition to the City of Fort Worth,Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 8935 of said Plat Records,a distance of 160.14 feet to a point at the intersection and said west line of Tract 1 and said west line of 30'Use and Passage Easement and the extension of the northerly line of a Use and Passage Easement to the City of Fort Worth,as recorded in volume 17335,Page 77 of said Deed Records and at the beginning of a non- tangent curve to the right; THENCE in an easterly direction along said extension,to and along said north line of said Use and Passage Easement and said curve to the right,having a central angle of 24°26'14",a radius of 860.92 feet, Transportation Impact Fee Credit Agreement Amendment 1 Page 3 of 12 Southland Business Park-CA-17-011 an arc length of 367.19 feet and a long chord bearing and distance of North 78°52'46" East, 364.41 feet capped 5/8" iron rod set marked "KHA"; THENCE North 89°32'27" East,continuing along said Use and Passage easement, a distance of 4.87 feet to a capped 5/8" iron rod set marked "KHA" at the northeast corner of said Use and Passage Easement and the northwest corner of West Everman Parkway(120'right-of-way)as dedicated in the plat for QT- 873 ADDITION, an addition to the City of Fort Worth,Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 7670 of said Plat Records; THENCE South 0°30'35" East,along the east line of said Use and Passage Easement and the west line of said West Everman Parkway(as dedicated)a distance of 120.00 feet to a 5/8"iron rod found for the southeast corner of said Use and Passage Easement,the southwest corner of West Everman Parkway(as dedicated) and being in the north line of Lot 1,Block 1 of QT-873 ADDITION,at the beginning of a non- tangent curve to the left; THENCE in a southwesterly direction along said north line of Lot 1,and said curve to the left having a central angle of 0°49'21",a radius of 1989.82 feet, an arc length of 28.56 feet and a long chord bearing and distance of South 74°59'09" West,28.56 feet to the POINT OF BEGINNING and containing 7.7848 acres or 339,105 square feet of land. Transportation Impact Fee Credit Agreement Amendment 1 Page 4 of 12 Southland Business Park-CA-17-011 EXHIBIT C-1 Development Plan c s r� (�M O'b H101M 318'dl}JtlA) ;`1 LSft AVAAH DIH'S n �= M 91N AVMH9IH 2iViS�GiNI .i = W O N c I ?qC 1 si�a ss Nau� $g I m a fi — — —:17W iz { 8 R ¢ JD U z LL 6 5 lQ �cr, z m- 3 U p" 9 0�� °m's�4 IU a —r i J � Y = m I � z LLI m � �s I m - � � I wo Hh _ ab U RA IF R 11 -lX�•� Np]NI SIPAI'NL�A�oUe m r r � {�W.} 7HEN0�HiTMINi No ori� iHa�N1M�giCy — — Transportation Impact Fee Credit Agreement Amendment 1 Page 5 of 12 Southland Business Park-CA-17-011 EXHIBIT D-1 Transportation Improvements a � vim v A C # [/� W ryD a� qqO CO L7 yyT Z a i R u 1 r7 C me r E v E c � d w N � = b Q rV N 3 O O Lu C a U 2 v a v E s v C1 W � E z a � n r W i _ x Transportation Impact Fee Credit Agreement Amendment 1 Page 6 of 12 Southland Business Park-CA-17-011 EXHIBIT E-1 Credit Determination Net Credit for Southland Business Park Value of Capacity Provided Contract Type CSCO El igi ble Arterial Value Community Facilities FP-17 003 West Overman Parkway $ 396,552.27 Future Improvement 53667 West Everman Parkway $ 590,200,54 Funds Value of ROW Dedication Instrument 9 Plat Case 4 Eligible Arterial Value D217177927 FP-17 003 West Everman Parkway $ 137,190.83 D217163204 FP-16-123 West Everman Parkway 66,305.76 Value of Transportation Impact Fee Credit $ 1,190,249.40 Less Existing Demand/Consumed Credit S 1,180,110.49 Net Credit Available $ 10,138.91 Transportation Impact Fee Credit Agreement Amendment 1 Page 7 of 12 Southland Business Park-CA-17-011 Capacity Provided by South land Business Park- Everman Pkwy ImproverCM IONSO Paving Item Eligib e Description Unit quantity Quantity Unit PriceNO- Credit Available 1 Remove As halt Pvmt SY S78 578 5 7_60 4 392.84 2 6"-12"Tree Removal Ell 5 3 5 200.M 5 2 400.00 3 Unclassified Excavation by Plan CY 6 140 6,100 13.00 $ 79 300.00 4 SWPPP 21acre LS 1 1 $ 9,439.94 $ 9,43934 5 Hydrated Lime TN 141 141 $ 162_81 $ 22956.21 6 a"Lime Treatment SY 5 Say 5 885 $ 530 37075.50 7 9"Can€Pvmt SY 5,605 S,605 76.00 $ 425,980.04 8 4"Can€Sidewalk SF 155a0 15580 $ 434 67617.20 9 Barrier Free Ramp,Type P-1 EA 2 2 $ 1,900.00 $ 3,800.00 10 4"SLD Pvmt Marking HAS tih! LF 256 256 $ 1.69 $ 430.08 it 4"BR Pvmt Marking HAS(W) LF 3,491 3,491 $ 1.69 $ 5,964_98 12 Topsail CY 912 912 30.00 S 27 360.00 13 SeL-dingr Hydremulch SY 9,1374 9074 $ 130 11796.20 14 Traffic Control MO 4 4 $ 2,500.00 $ 10 000.00 15 6"Can€Curb and Gutter LF 175 175 30.00 $ 5,250.06 16 Remove Fence LF 20 20 5 20.00 400.04 17 Remove Sign Panel and Past EA 1 1 $ 550.40 650.04 Paving Subtotal $ 714,712.91 Paving ftan Eligible Description Unit quantity Quantity Unit Price Credit Available 1 Trench Safety EA =44 244 $ 3.94 $ 951.60 2 24"RCP Class III EA 12 15 215 115.M 24725.00 3 27"RCP Class III EA 29 29 $ 150.00 $ 4 350.00 4 10'Recessed Inlet SY 1 1 $ 5,100.00 5,100.04 5 15'Recessed Inlet SY 1 1 $ 7,210.00 $ 7,210.00 Subtotal $ 42 335.60 Storm Drain Ratio for Arterial Streets 49% Storm drain Subtotal $ 201414.49 Street Lighting Item Eligible Des€ription Unit quantity UnitPric� No. Quantity Credit Available 1 LED Lighting Fixture EA 8 8 5 i 100.00 5 8 800.40 2 LED Lighting Fixture(City Provided, EA. 7 7 5 300.00 $ 2,100.44 Develn er Installed 3 Rdwy III um TY a Pole(City Provided, EA 2 - 5 6,000.00 5 12,000.00 Devi6 er Installed St•==t Lighting Subtotal $ 12,000.00 Storm Drain Subtotal s 213,414.09 Paving Subtotal $ 714,712_ai Street Lighting Subtotal $ 12000.00 CONSTRUCTION SUBTOTAL $ 747,126.90 Other Eligible Items desn-ipti. EnGineering,Surveying and Material Testing 20% of Paving&Storm Drain $ 149,425.38 Less City participation(Tarrant County funding) $ (500,000.00) Total Value of Capacity Provided $ 396,552.27 Transportation Impact Fee Credit Agreement Amendment 1 Page 8 of 12 Southland Business Park-CA-17-011 Arterial Contribution to Total Storm Water Flow Evenman Pkwy-DOE 5323 DrainageDrakwo Ama Q 41 rea A-12a 9.70 Arterial A-12a 6.80 .arterial A-12b 6-20 Development A-13a 6.80 .arterial A-13a 0_80 Arterial A-14 '•.0 .arterial A-13b 12.70 Development E3-1 3.70 .arterial A-14 3.OD Arterial TOTAL 20.30 = 48.22% of total storm water runoff B-1 3.70 Arterial TOTAL 42.1 U Transportation Impact Fee Credit Agreement Amendment 1 Page 9 of 12 Southland Business Park-CA-17-011 Right-of-Way Valuation for W Everman PkwV ROW Valuation Based on Adopted Transportation Improvements Plan Everman Parkway Z-1,X-7 Estimated Constnrrtion Costs from Transportation $3,289,000.04 Improvements Plan Value of Total Project Fight-of-Way(2M.of $657,900.00 Construction Cast) Total Project Right-f-Way(SF) 327,SW Right-of-Way Val Lie Per Square Foot 5 .01 ROW Valuation Based on Actual Construction Cast Everman Parkway {:RN 100880 Total Construction Cost "$747,126.90 Value of Total Project Right-of-"(20Y.of $149,425.38 Construction Cost) Total Project Right-of-Way(SF) 88,985 Right-of-Way Val Lie Per Square Foot "$1.68 ROW Valuation Based on TAD Va lu e TADA€€ount 042240661 04596110 42270381 Total Area(SF) 1,050,667 1,378,108 753,022 Appraised Value $ 144,72Q00 $ 316,370.00 5 1,729.00 Value per Square Foot $ 0.14 $ 0.23 $ 0-00 Rizlht-of-Wav Dedication West Everman Parkway FP-17-003 FP-16-123 Area Right-of-Way dedication(sq ft) 68,366 33,042 Applied val Lie per square foot $2.01 $2.01 Right-of-Way Value $137,190M $66,305.76 Total Credit Availably 203,496.59 Transportation Impact Fee Credit Agreement Amendment 1 Page 10 of 12 Southland Business Park-CA-17-011 Existing Demand/CoMumed Credit Permit# Number street Date Used Development Type Schedule 2 Fee P917-02173 425 W Everman Parkway 91712017 New shell warehouse $ 186,360,57 P019-04774 425 W Everman Parkway 12111/2019 CoU from shell to manufacturing $ 240,679,83 PB19-13744 273 W Everman Parkway 31312020 New shell warehouse $ 173,003,46 PB19-13746 202 W Everman Parkway 3/2412020 New shell warehouse $ 39,432.34 PB20-06057 450 Successful Drive 61512020 New shell warehouse $ 301,967,21 P021-01fl75 201 W Everman Parkway 5/14/2-021 CoU from shell to office $ 4,774,22 PB21-08932 473 Successful Drive 5/2712021 New shell warehouse $ 126,869.50 PB21-08934 100 Successful Drive 5/2712021 New shell warehouse $ 71,155.00 P021-01709 201 W Everman Parkway 7123/2021 CoU from shell to office $ 17,167,98 P022-01820 273 W Everman Parkway 7123/2021 CoU from shell to office $ 19,695.38 TOTAL $ 1,190,110,49 Transportation Impact Fee Credit Agreement Amendment 1 Page 11 of 12 Southland Business Park-CA-17-011 EXHIBIT F 1 Allocation of Credits Remaining credit shall be allocated on afirst-come/first served basis within Lots 4-6 Block I as shown hatched below: _ate-. ; ||$§!B|�\§ %C- #HE)I H 3* § K � ||.;..■| � |§ Ge a |!!:! /§)() | ; - � �,■■��■w §�£. §\ � � 9 § o \\ 3| § -.-t- & " || |Hirk- 5 \ . ■� z {| | | §¥ \g \\ � I \ Transportation Impact Fee Credit Agreement Amendmet1 Page 120 12 Southland Business Park-CAIDAI