HomeMy WebLinkAboutContract 59092CSC No. 59092
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
PALMILLA SPRINGS PP-05-077
This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR
PALMILLA SPRINGS, PP-05-077 ("Agreement") is made and entered into by and between the City of
Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its
duly authorized Assistant City Manager, and HMH Palmilla Springs Development, Inc. ("Developer"), a
Texas corporation acting by and through its duly authorized representative. City and Developer are
referred to herein individually as a "party" and collectively as the "parties."
WHEREAS, Developer is constructing the PALMILLA SPRINGS development in the City of
Fort Worth; and
WHEREAS, the City and Developer desire to establish a formal written agreement relating to the
parkland dedication improvement requirements, improvement credits and land or improvement refunds
related to Palmilla Springs.
NOW THEREFORE, City and Developer agree as follows:
SECTION 1
BACKGROUND AND PURPOSE
1.1 Developer is constructing, or causing to be constructed, the Palmilla Springs development
("Development Area") in the City of Fort Worth. The Development Area means the property that is owned
by the Developer, which is more particularly identified in Exhibit "A", attached hereto and incorporated
herein by reference.
1.2. New residential development, or an increase in density by redevelopment in existing
neighborhoods, creates the need for additional park and recreation facilities. The City's Neighborhood
and Community Park Dedication Policy ("Policy") governs the park dedication and improvement
requirements in the City. The Policy is a City regulation adopted by public ordinance, and Developer is
on notice of its contents. The Policy is incorporated herein by this specific reference as if fully set forth
herein. The construction of the Development Area creates the need for additional parkland in the City and,
therefore, is subject to the Policy.
1.3 The City and Developer acknowledge that this Agreement is not intended to supersede the Policy;
rather, it is meant to identify certain specific responsibilities and obligations of the Developer and City as
they relate to the Policy. To the extent that the Policy conflicts with the terms agreed to herein by the
parties, the Policy shall govern. The parties acknowledge and understand that the City may, from time -
to -time, revise the Policy; therefore, to the extent that any future Policy revisions impact the terms of this
Agreement, the parties will amend this Agreement accordingly. A failure to amend this Agreement will
not render it void; however, any future changes to the Policy that legally affect the terms of this Agreement
will automatically be incorporated and supersede any conflicting terms stated herein, provided, however,
that such changes to the Policy will be only applied on a prospective, and not retroactive, basis for legally
vested rights.
OFFICIAL RECORD
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS CITY SECRETARY
FOR PALMILLA SPRINGS, PP-05-077 FT. WORTH, TX 1 Of 17
1.4 This Agreement is effective on the date signed by the Assistant City Manager as evidenced on the
signature page ("Effective Date") and remains in effect until the date the Developer has complied with all
of its obligations under the Policy and this Agreement. Upon complying with all obligations, as required,
this Agreement will terminate automatically, as determined in the absolute discretion of the Director of
the City's Park & Recreation Department or the Director's authorized designee ("Director").
SECTION 2
CENTRAL CITY PARK FLAT FEE
2.1 If the Development Area falls within the Central City (Park Planning District 4) ("PPD 4"), the
Development Area is subject to the Central City Park Flat Fee per each additional residential dwelling
unit, based upon the Development Area's land use in the past five years, in lieu of a land dedication and
associated fees. If the entire Development Area falls outside of PPD 4, then this Section 2 will be of no
force or effect.
2.1.1 The Development Area falls within PPD 4: ❑ Yes ® No
2.2 The Development Area is subject to the Central City Park Flat Fee in the amount of NOT
APPLICABLE ($0) for each additional residential unit as established in the version of the Policy in effect
when the fee is collected. In accordance with the Policy, the fee is assessed at the time of building permit
and must be paid to the City prior to the issuance of any building permit(s).
2.3 Central City Park Flat Fee Credits: City and Developer ❑ HAVE; ❑ HAVE NOT mutually
agreed to credits against this fee for the Development Area subject to the Central City Park Flat Fee. The
terms of such credits, if any, are more particularly described in Exhibit `B" which is attached hereto and
incorporated herein for all purposes. Agreements concerning determinations of allowable Central City
Park Flat Fee credits must be formalized prior to release of the first building permit. In accordance with
the Policy, any fee increase or decrease greater than the consumer price index requires the approval of the
City Council.
2.3.1 If City and Developer have agreed to Central City Park Flat Fee Credits, then the Developer
will expend or cause to be expended the Central City Park Flat Fee in construction costs for site
development of neighborhood parks (public and private) consistent with in the Park Recreation and Open
Space Master Plan and the Policy (collectively, the "Approved Improvements"), a non-exclusive list of
which is attached hereto as Exhibit "C" and incorporated herein for all purposes.
2.3.2 Developer, for any fee remaining after any and all Central City Park Flat Fee Credits, must
pay to the City the full amount due prior to the issuance of building permits. The failure to pay the Central
City Flat Fee will be a basis to deny building permitting. Otherwise, the Director may agree to allow
Developer to either: (i) expend or cause to be expended the remaining Central City Flat Fee on various
passive or active public park improvements within the Development Parkland (consisting of one or more
of the Approved Improvements listed on Exhibit "C") within the Development Parkland, or (ii) pay to the
City an amount equal to the amount remaining of the Central City Park Flat Fee. Developer can satisfy
the requirements of the foregoing (i) or (ii) by any combination of (i) and (ii) above (i.e., Developer can
pay part of the amount pursuant to subsection (ii) and expend or cause to be expended the remaining
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 2 of 17
amount pursuant to subsection (i) above). Such an agreement must be in writing, signed by the Director,
and attached to this Agreement as an addendum.
SECTION 3
PARKLAND DEDICATION
3.1 If the Development Area falls outside of PPD 4, parkland dedication is required, as indicated by
the Policy, unless the Development Area is five (5) lots or less. If the entire Development Area falls
within PPD 4, or is five lots or less, then this Section 3 will be of no force or effect.
3.1.1 The Development Area falls outside of PPD 4: ® Yes ❑ No
3.2 Developer will set aside and dedicate parkland to the City as follows:
3.2.1 Developer will dedicate approximately 66.28 (Sixty-six and 28/100) acres of total parkland
within the Development Area, which are identified in Exhibit "A" as Palmilla Springs Neighborhood Park
and Palmilla Springs Community Park. The required parkland dedication is further described in the
applicable fee sheet for the Development Area, which is attached to this Agreement as Exhibit "D" and
incorporated herein by this reference. Said acreage is referred to herein as the "Development Parkland."
3.2.2 However, Developer may, upon prior written approval of the Director, identify other land,
not otherwise identified on Exhibit "A", as land to be dedicated to the City rather than that described on
Exhibit "A". In no event will such land be less than the minimum requirement set forth in the Policy. The
Policy minimum, based upon the Anticipated Construction of the Development Area, is 7.5450
Neighborhood Park acres and 11.3175 Community Park acres. The "Anticipated Construction" means the
anticipated scope of development and residential units, per the residential preliminary plat or multi -family
development site plan, as of the Effective Date of this Agreement. Determinations of required parkland
dedication are based upon review of all preliminary subdivision plats submitted through the City's
Planning and Development Department to the Park & Recreation Department. Failure to indicate proposed
park dedications on the submitted preliminary plat is sufficient grounds to deny a concept plan or
preliminary plat.
3.2.3 Additional parkland dedication, development fees, and improvements will be required
upon surpassing the Anticipated Construction; whether by preliminary plat, concept plan, or actual
construction. If, however, the Development Parkland is in excess of the amount of parkland required by
the Policy, as of the Effective Date of this Agreement, the City agrees that, in the event Developer develops
more than the Anticipated Construction within the Development Area, City may give Developer credit
toward any additional Development Parkland dedication requirements for development in excess of the
Anticipated Construction up to the maximum amount allowed under the Policy. The decision to grant any
such credit is subject to the absolute discretion of the Director.
3.3 Neighborhood Based Park Dedication: For all areas outside of the Central City, the Policy requires
2.5 acres of Neighborhood Based Park dedication per 1,000 population.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 3 of 17
3.3.1 The amount of acreage required for dedication as Neighborhood Based Park Development,
as indicated by the Policy and Anticipated Construction is: 7.5450 ac (2.5 x 1006 dwelling units x 3
persons/unit)
3.4 Community Park Dedication: For all areas outside of the Central City, the Policy requires 3.75
acres of Community Park dedication per 1,000 population.
3.4.1 The amount of acreage required for dedication as Community Park, as indicated by the
Policy and the Anticipated Construction is: 11.3175 ac (3.75 x 1006 dwelling units x 3 persons/unit)
3.5 If the calculation for required Neighborhood Based Park dedication within the Development Area
that falls outside of the Central City results in: less than five (5) acres; the calculation for required
Community Park dedication does not result in thirty (30) acres; or does not meet site selection criteria, as
defined in the Policy, the Director may require a fee -in -lieu of the Neighborhood Based dedication, the
Community Parkland dedication, or both, in accordance with the Policy.
SECTION 4
NEIGHBORHOOD BASED PARK LAND, DEVELOPMENT AND INFRASTRUCTURE FEE
4.1 If the Development Area requires a Neighborhood Based Park, as discussed above, a
Neighborhood Based Park Development Fee is applicable.
4.1.1 The Development Area requires Neighborhood Based Parks: ® Yes ❑ No
4.2 The Developer must pay a Neighborhood Based Park Development Fee in the amount of Fifty-
four thousand nine hundred thirty-seven and seventy-eight cents ($54,937.78) for each acre of
neighborhood -based parkland required to be dedicated for the Development Area, as established in the
version of the Policy in effect as of the effective date of this Agreement. The Neighborhood Based Park
Development Fee is based on the guidelines of the Policy and may be administratively adjusted by the
Director up to the annual amount of the change in the Consumer Price Index. In accordance with the
Policy, the fee must be paid to the City prior to the issuance of final platting for the Development Area.
4.3 Neighborhood Based Park Development Fee Credits: City and Developer ® HAVE; ❑ HAVE
NOT mutually agreed to credits against the Neighborhood Based Park Development Fee. The terms of
such credits, if any, are more particularly described in Exhibit `B" which is attached hereto and
incorporated herein for all purposes.
4.3.1 If City and Developer have agreed to credits against the Neighborhood Based Park
Development Fee, then the Developer will expend or cause to be expended the Neighborhood Based Park
Development Fee in construction costs for site development of neighborhood parkland (public and private)
to include, but not be limited to, the Approved Improvements in Exhibit "C".
4.3.2 Developer, for any fee remaining after any and all credits, must pay the full amount due to
the City prior to issuance of the final plat and seek reimbursement thereafter, unless otherwise agreed to
in writing. Failure to pay any fee due to City will be sufficient cause to deny the final plat. Otherwise, if
mutually agreed, in writing, between the Developer and the Director, the Developer may choose to develop
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 4 of 17
the park site prior to final plat approval in lieu of submitting the Neighborhood Based Park Development
Fee. The requirements for such an agreement are further detailed in the Policy.
SECTION 5
PAYMENT OF FEES IN LIEU OF PARKLAND DEDICATION
5.1 If the calculation for required Neighborhood Based Parkland dedication within the proposed
Development Area results in less than five (5) acres, or the calculation for required Community Park
dedication does not result in thirty (30) acres or does not meet site selection criteria as per the Policy the
Director may recommend that a fee -in -lieu of the Neighborhood Based dedication, the Community
Parkland dedication, or both, be required.
5.1.1 City and Developer ❑ HAVE; ® HAVE NOT mutually agreed to the payment of fees in
lieu of Neighborhood Park land dedication. Said agreement is more fully described in Exhibit E which is
attached hereto and incorporated herein by reference as if fully set forth herein.
5.1.2 City and Developer ❑ HAVE; ® HAVE NOT mutually agreed to the payment of fees in
lieu of Community Park land dedication. Said agreement is more fully described in Exhibit E which is
attached hereto and incorporated herein by reference as if fully set forth herein.
SECTION 6
PARK PLANS AND CONSTRUCTION DOCUMENTS
6.1 Developer's Concept Park Master Plan must be reviewed and approved by the Director prior to
the City Plan Commission approval and Construction Documents for the Development Parkland must be
reviewed and approved by the Director prior to final platting.
SECTION 7
TIMING OF DEDICATIONS, TRACKING LOG, AND
FINANCIAL GUARANTEE
7.1 Developer will dedicate parkland to the City at the time any portion of the Development Area
adjoining the parkland being dedicated to the City is platted. Developer must notify City of any changes
to the preliminary plats by any attempted revision that may impact park dedication.
7.2 During construction of the Development Area, as each final plat is approved, City will maintain a
tracking log, substantially in the form set forth in Exhibit "F" ("Tracking Log"). The Tracking Log will
document the number of residential units for each plat, and the amount of Central City Park Flat Fees and
Neighborhood Based Park Development Fees owed to the City for each plat, as well as any credits due to
the Developer as a result of park improvements made by the Developer and approved by the City as set
forth in this Agreement. The Tracking Log in Exhibit "F" represents the current status of the Development
on the date this Agreement is executed.
7.3 If Developer wishes to obtain final plats, or the issuance of building permits before the dedication
of parkland to the City, the payment of Central City Park Flat Fees, Neighborhood Based Park
Development Fees, or the construction of parkland improvements, then Developer will deliver to the City
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 5 of 17
a financial guarantee in the form of a letter of credit, escrow agreement, or cash escrow satisfactory to the
Director guaranteeing that Developer will dedicate the parkland and pay the Central City Park Flat Fees
or Neighborhood Based Park Development Fees required by this Agreement, or construct the Approved
Improvements authorized by this Agreement ("Financial Guarantee"). The Financial Guarantee must be
in an amount sufficiently representative of the fair market value of the parkland required to be dedicated,
Central City Park Flat Fees or Neighborhood Based Park Development Fees owed to the City, and
Approved Improvements required for the Development Area. The amount of the Financial Guarantee
may be adjusted upon written agreement between the Developer and the Director during construction of
the Development Area to ensure adequate financial guarantee of the Developer's obligations pursuant to
this Agreement.
7.4 City and Developer agree that, if and to the extent Developer has completed the Anticipated
Construction but failed to dedicate parkland, expend or otherwise make payments, pursuant to sections 3
and 4 above, the Central City Park Flat Fees or Neighborhood Based Park Development Fees, or construct
Approved Improvements to parkland required by this Agreement by December 31, 2023 for Development
Area I (Phase 5, Palmilla Springs Additions) and by December 31, 2030 for Development Area II (Phases
6, 6A and 7, Palmilla Springs Addition) after issuance of the final plat that requires park dedication,
payment of fees, or construction of improvements, respectively, then Developer will pay the City an
amount equal to the difference of the required Central City Park Flat Fees and Neighborhood Based Park
Development Fees set forth on the most recent tracking log, minus the amount of Central City Park Flat
Fees and Neighborhood Based Park Development Fee actually expended by Developer, and minus the
amount(s) paid by Developer. For the avoidance of doubt, City and Developer agree that Developer's
obligation to expend or cause to be expended the Central City Park Flat Fee or the Neighborhood Based
Park Development Fee (and/or make the payments specified in Subsections 3.5 and 4.5 above) is only to
the extent Developer has actually completed the Anticipated Construction.
SECTION 8
PARK IMPROVEMENTS ON DEDICATED PARKLAND
8.1 If Developer desires to construct park improvements on parkland in the Development that has
already been dedicated, and otherwise properly conveyed by deed, to the City, Developer must execute a
temporary construction easement, license agreement, or similar contract with the City setting forth the
terms under which such construction and installation will occur. With respect to park improvements
constructed on land owned by the Developer that will be dedicated to the City in the future, Developer is
responsible and liable for all such improvements, including, but not limited to, any personal injury or
property damage that may occur as a result of such ownership, until such time as the City takes ownership
of the parkland and the associated improvements.
SECTION 9
NOTICES
9.1 Notices. All written notices called for or required by this Agreement must be addressed to the
following, or such other party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand delivery:
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 6 of 17
City:
Park & Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
with copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Developer:
Palmilla Springs Development, Inc.
1038 Texan Trail
Grapevine, TX 76051
SECTION 10
LIENS AND MORTGAGES
10.1 Developer does not have the authority to engage in any act or to make any contract which may create
or be the foundation for any lien or mortgage upon any real property and improvements owned by the City.
If any such purported lien or mortgage is created or filed, Developer, at no cost to the City, will liquidate and
discharge the same within thirty (30) days of such creation or filing. Developer's failure to discharge any
such purported lien within this time frame will constitute a breach of this Agreement. Developer's financial
obligation to the City to liquidate and discharge such lien or mortgage will continue in effect following
termination or expiration of this Agreement and until such a time as the lien or mortgage is discharged.
SECTION 11
COMPLIANCE WITH LAW AND POLICIES
11.1 This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended.
Developer must comply with all Park & Recreation Department regulations and policies.
SECTION 12
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 7 of 17
INTERPRETATION
12.1 Each party, and if it so chooses, its attorney, has had the opportunity to review and comment on
this Agreement; therefore any rule of contract construction or interpretation that would normally call for
the document to be interpreted as against the drafting party will not apply in interpretation of this contract,
and each section, portion, and provision of this Agreement will be construed solely on the basis of the
language contained therein, regardless of who authored such language.
SECTION 13
NO THIRD -PARTY RIGHTS
13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
SECTION 14
BINDING COVENANTS
14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and
entered into by the parties hereto are declared to be for the benefit of and binding upon their respective
successors, representatives and assigns, if any.
SECTION 15
NO WAIVER
15.1 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder will not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 16
VENUE AND CHOICE OF LAW
16.1 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement
will be construed in accordance with the laws of the State of Texas.
SECTION 17
SEVERABILITY
17.1 If any of the provisions contained in this Agreement is held, for any reason, to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or unenforceability, will be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
SECTION 18
GOVERNMENTAL POWERS
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 8 of 17
18.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of
it governmental powers or immunities.
SECTION 19
AMENDMENTS AND ASSIGNMENTS
19.1 This Agreement cannot be modified, or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement.
19.2 This Agreement cannot be assigned by Developer to another entity without the written consent of
the City. If City grants consent to an assignment, the assignee will execute a written agreement with the
City and Developer under which the assignee agrees to be bound by the duties and obligations of
Developer under this Agreement. Developer will be liable for all obligations of Developer under this
Agreement prior to the effective date of the assignment and until complying with the requirements of the
provisions of this section.
SECTION 20
AUDIT
20.1 Developer agrees that City and its internal auditor will have the right to audit, which will include,
but not be limited to, the right to reasonable access to and the right to examine, the financial and business
records of Developer that relate to this Agreement, including, but not limited to, all reasonably necessary
books, papers, documents, records, and personnel, (collectively "Records") in order to determine
compliance with this Agreement. Developer will make all Records available to City at Developer's office
within thirty (30) days after written notice by City and will otherwise reasonably cooperate with City
during any audit. Notwithstanding anything to the contrary herein, this section will survive expiration or
earlier termination of this Agreement for a period of three (3) years.
SECTION 21
AUTHORIZATION
21.1 By executing this Agreement, Developer's agent affirms that he or she is authorized by Developer
to execute this Agreement and that all representations made herein with regard to Developer's identity,
address, and legal status are true and correct.
SECTION 22
COUNTERPARTS AND ELECTRONIC SIGNATURES
22.1 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
22.2 This Agreement may be executed by electronic signature, which will be considered as an original
signature for all purposes and have the same force and effect as an original signature. For these purposes,
"electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 9 of 17
transmission) of an original signature, or signatures electronically inserted via software such as Adobe
Sign.
SECTION 23
SOLE AGREEMENT
23.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein
by reference, contains the entire understanding and agreement between the City and Developer, and any
lawful assign and successor of Developer, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement, provided that, to the extent such terms of the Agreement conflict with
the Policy, then the Policy will govern.
SECTION 24
LIABILITY AND INDEMNIFICATION
24.1 DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS, LA WSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO,
ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY), SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO THE
CONSTRUCTION OF PARKLAND AND PARK IMPROVEMENTS OR THE
PERFORMANCE OF THIS AGREEMENT.
SECTION 25
ENTIRE AGREEMENT
25.1 This Agreement (including all attachments, schedules, and exhibits attached hereto) constitutes the
entire understanding and agreement of the City and Developer. Any prior or contemporaneous oral or
written agreement that is referenced herein is hereby declared null and void to the extent in conflict with
the terms and conditions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 10 of 17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
By: C1��
Name: Jesica L. McEachern
Title: Assistant City Manager
Date:
Developer:
By:
Name: B. Nelson Mitchell, Jr.
Title: CEO
HMH Palmilla Springs Development, Inc.
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: )gw )9,
Name: Dave Lewis
Title: Acting Director
Approved as to Form and Legality:
By:
��-
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: M&C NUMBER
Form 1295: FORM 1295 NUMBER
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.
By:
I - GAVdloe
Lori L. Gordon (Feb 14, 202312:25 CST)
Name:
Lori Gordon
Title:
PRM-Planning Manager
City Secretary:
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By:
Name:
Janette Goodall
Title:
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 11 of 17
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PALMILLA SPRINGS, PP-05-077 12 of 17
EXHIBIT B
FEE CREDIT AGREEMENT
Dedicate approximately 66.28 acres of land, for Neighborhood and Community Base Park land. The
Developer will also construct the following Neighborhood Based Park amenities:
67,400 sf of 8' Concrete trail (approximately 8,425 if of trail)
17,308 sf of 6' Concrete trail (approximately 2,885 if of trail)
1,6401f of Retaining walls
1,6401f of ADA compliant handrails
1 Burke Playground, Model #36-115661-1
4-Creek crossing
1-Dog Park
35-Benches with City of Fort Worth logo
Associated grading to ensure site has positive drainage
Seed or sod to stabilize park site surface.
(broke out by Phase as noted on EXHIBIT C)
Upon the acceptance of the Neighborhood and Community Park adjacent to Development Area I (Phase
5 and previous) related improvements and land by the City of Fort Worth City Council, via M&C, and
the deed recorded at the Tarrant County Courthouse, development and land fees paid for Neighborhood
and Community Based Park, relating to these phases, will be returned to the developer. Neighborhood
Park development and land requirements for this development will be fulfilled and no further
Neighborhood Park fees collected with the remaining phases.
Upon the acceptance of the Community Park adjacent to Development Area II (Phases 6, 6A and 7,
Palmilla Springs Addition) related improvements and land by the City of Fort Worth City Council, via
M&C, and the deed recorded at the Tarrant County Courthouse, land fees paid for Community Based
Park, for these phases, will be returned to the developer.
The amount to be returned to the developer, for dedication of Development Area I, is:
$364,169.11
A combination of Neighborhood and Community Based Park fees paid to date, prior to the execution of
this agreement.
This dedication shall fulfill the parkland dedication requirements for this Development.
EXHIBIT B - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR PAMILLIA SPRINGS, PP-05-077 13 of 17
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
Phase 5
Qty
Unit
Description
Unit Price
Total
1
22400
SF
8' Concrete Trail
$ 5.95
$ 133,280.00
2
7308
SF
6' Concrete Trail
$ 5.95
$ 43,482.60
3
2
EA
Creek Crossings
$ 7,000.00
$ 14,000.00
4
740
LF
Retaining Walls for Grading
lAdjustments to meet ADA
$ 109.75
$ 81,215.00
5
740
LF
ADA Railing
$ 42.00
$ 31,080.00
6
1
LS
BURK Playground, Model No 36-
115661-1
$ 187, 676.25
$ 187, 676.25
7
1
LS
Dog Park
$ 15,806.50
$ 15,806.50
8
11
EA
Trail Benches w/Ft Worth Logo
$ 2,033.00
$ 22,363.00
9
11
LS
lTrail Landscape and Irrigation
$ 75,000.00
$ 75,000.00
Total $ 603,903.35
Phase 6 & 6A
Qty
Unit
Description
Unit Price
Total
1
10000
SF
8' Concrete Trail
$ 6.50
$ 65,000.00
2
5000
SF
6' Concrete Trail
$ 6.50
$ 32,500.00
4
300
LF
Retaining Walls for Grading
Adjustments to meet ADA
$ 109.75
$ 32,925.00
5
300
LF
ADA Railing
$ 42.00
$ 12,600.00
8
41
EA
lTrail Benches w/Ft Worth Logo
1 $ 2,033.00
1 $ 8,132.00
9
11
LS
JTrail and Park Landscaping
$ 75,000.00
1 $ 75,000.00
Total $ 226,157.00
Phase 7
Qty
Unit
Description
Unit Price
Total
1
35000
SF
8' Concrete Trail
$ 7.00
$ 245,000.00
2
5000
SF
6' Concrete Trail
$ 7.00
$ 35,000.00
3
2
EA
Creek Crossings
$ 7,000.00
$ 14,000.00
41
600
LF
Retaining Walls for Grading
Adjustments to meet ADA
$ 109.75
$ 65,850.00
5
600
LF
ADA Railing
$ 42.00
$ 25,200.00
8
20
EA
Trail Benches w/Ft Worth Logo
$ 2,033.00
$ 40,660.00
9
1
LS
Trail Landscaping and Irrigation
$ 150,000.00
$ 150,000.00
Total $ 575,710.00
Total Cost of Improvements $ 1,405,770.35
EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PAMILLIA SPRINGS, PP-05-077 14 of 17
EXHIBIT D
FEESHEET
�s �ST111ATED FEES -IN -LIEU OF PARK LAND
NEIGHBORHOOD AND COMMUNITY PARK POLICY Date: 12/17/19
PALMI LLA SPRI NGS (9/29/05) PP-0.5-077
CP UNIT
NP UNIT
COUNCJJL DISTRICT
PPD
PARK SERVICE D'STRICT
-
3
2
NORTH
1 Single -Family Units:
4006
Three (3) persons per unit
2 Multi -Family Units_
Two (2) parsons per unit
3 Land Value perAffe:
$17,448.43
FVMA 17 AUG 15
Population generated by new
4
development:
3018
LINE i x 3 persons +LINE 2 x 2 z:ersar<_
Additional Neighborhood Park land
5
need for now population:
7,5.5Crg
LINE 4 x 2,5 Acres (per 1,000 Population)
6 Additional Community Park
land need for new population:
11. 3175 ACIDS
NE 4 x 3.75 Acres (per LOGO Population)
NEIGHBORHOOD PARK FEES -IN -LIEU
7 Amount equal to
NPLand Dedication:
$131,648,4f1
uNE 3 x uFaE 5
8 Neighborhood Park
Development Fee:
$225.350.00
LINE 5 x$3U,00U per acre
INFRASTRUCTURE
Approximate Street Frontage
Required:
803 LF
Thirty Five percent (35%) of the linear
measure of a square area equal to LINE 5
10 Street Frontage:
$30,514-00
LINE 9 x $38.00 (may change at time of Final Plat)
11 Water:
S6,524-75
LINE 9 x $8.25 (may Change at time of Final PlatI
12 Sewer:
$8,431-50
LINE 9 x S10.9D (may change at time of Final Plat)
13 SUBTOTAL INFRASTRUCTURE;
$45,570.25
LINE 10 +LINE 11 + LINE 12
14 Conference Cost:
$4,557-f33
10% of LINE 13
15 Civil Engineering Cost:
$3,189-92
7%ofLINE 13
16 Design Engineering Cost:
$3,189-92
7%ofLINE 13
17 Tota I Infrastructure:
$56,507.12
LINE 13+ LINE 14 + LINE 15 + _ NE 'I
18 TOTAL NEIGHBORHOOD
DEVE LOPMEPIT FEE -IN -LIEU:
1 +S S'S
LINE?+LINES+LINE 17
COh1PV1UNITY PARK FEES -IN -LIEU
19 Amount equa to 5197,472.61 LINE 3 x LINE 6
CPLand Dedicatio:7
TOTAL FEE -IN -LIEU 611,97.1.3 LINE 18 +LINE 19
mments: NPL, NPDF & CP FIL REQUIRED
PALkiLLA SPRIHG5-06ixtt'FEE SHEET
EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PAMILLIA SPRINGS, PP-05-077 15 of 17
EXHIBIT E
PAYMENT OF FEES IN LIEU OF PARK DEDICATION
Land and improvements for Neighborhood Park and Land for Community Park will be dedicated to the
City of Fort Worth in lieu of paying Neighborhood and Community Park fees for the development.
EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PAMILLIA SPRINGS, PP-05-077 16 of 17
EXHIBIT F
TRACKING LOG
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EXHIBIT F-AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PAMI L ASPRINGS, PP05-07 170 17
Signature: �0. PI`
Email: joel.mcelhany@fortworthtexas.gov