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HomeMy WebLinkAboutContract 59244Received Date: 4/18/2023 Received Time: 1:48 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Treymore Construction, LLC Address, State, Zip Code: 4201 Spring Valley Rd, Ste. 800, Dallas, TX 75244 Phone & Email: 972-980-9810 ext. 107; nhildebrandt(cr�,carletoncompanies.com Authorized Signatory, Title: Neal Hildebrandt, President Palladium Oak Grove Water, Sewer, Paving, Storm Drain, and Street Lights Project Name: Brief Description: Project Location: 840 and 1000 Oak Grove Rd Plat Case Number: FS-22-308 Plat Name: Palladium Oak Grove Addition Mapsco: 77Z & 78W Council District: 9 CPN 104281 I IPRC22-0146 CFA Number: 22-0191 City Project Number: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 59244 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("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 Treymore Construction, LLC, a Texas limited liability company ("Developer"), 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 private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Palladium Oak Grove ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. OFFICIAL RECORD City of Fort Worth, Texas Page 2 of 16 Standard Community Facilities Agreement CITY SECRETARY Rev. 9/21 FT. WORTH, TX 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: ❑X Exhibit A: Water ❑X Exhibit A-1: Sewer ® Exhibit B: Paving © Exhibit 13-1: Storm Drain ® Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for construction of the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OF ANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND INACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 With copies to: City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: Treymore Construction, LLC 4201 Spring Valley Rd, Ste. 800, Dallas, TX 75244 Page 7 of 16 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 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth, Texas Page 10 of 16 Standard Community Facilities Agreement Rev. 9/21 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries 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. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 33. Signature Authority City of Fort Worth, Texas Page 11 of 16 Standard Community Facilities Agreement Rev. 9/21 The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: Palladium Oak Grove CFA No.: 22-0191 City Project No.: 104281 IPRC No.: 22-0146 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer 4. Signals TPW Construction Cost Total Total Construction Cost (excluding the fees): Estimated Construction Fees: C. Construction Inspection Service Fee D. Administrative Material Testing Service Fee E. Water Testing Lab Fee Total Estimated Construction Fees: Financial Guarantee Ontions_ choose one Developer's Cost $ 175,915.00 $ 67,381.00 $ 243,296.00 $ 80,915.00 $ 439,905.00 $ 157,266.00 $ 678,086.00 $ 921,382.00 $75,000.00 $1, 960.00 $150.00 $ 77,110.00 Choice Amount (Mark one) Bond = 100% $ 921,382.00 X Completion Agreement = 100% / Holds Plat $ 921,382.00 Cash Escrow Water/Sanitary Sewer= 125% $ 304,120.00 Cash Escrow Paving/Storm Drain = 125% $ 847,607.50 Letter of Credit =125% $ 1,151,727.50 Escrow Pledge A reement = 125% $ 1,151,727.50 City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 Page 13 of 16 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH Dana &raLli'>f� Dana Bur�8, 2023 07:37 CDT) Dana Burghdoff Assistant City Manager Date: Apr 18, 2023 Recommended by: 8u�� Ngct„�e� Bichson Nguyen (A 17, 023 08:28 CDT) Dwayne Hollars/Bichson Nguyen Contract Compliance Specialist Development Services Approved as to Form & Legality: /rim_ Richard A. McCracken (Apr 17, 2023 13:07 CDT) Richard A. McCracken Sr. Assistant City Attorney M&C No. 22-0795 Date: Apr 17, 2023 Form 1295: n/a a F F�Rr °aa ATTEST: pis°O°oeo%oppd Oro o-0d Ovo °=d ado �'EXA`Jo°'p �nLp6o44 Jannette S. Goodall City Secretary DEVELOPER Treymore Construction, LLC Neat ItUebyaii& Neal Hildebrandt (Apr 14, 2023 15:09 CDT) Neal Hildebrandt President Date: Apr 14, 2023 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. Rebecca Diane Owen (Apr 17, 2023 08:30 CDT) Rebecca Diane Owen Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 16 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑X Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ® Exhibit B: Paving Improvements ® Exhibit B-1: Storm Drain Improvements ® Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104281 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 w � C H 7If N a P E. Seminary Dr. CITY OF E. Felix SFORT t WORTH SUBJECTIre AREA �aa 05 �N�ERS�P�E Zo Ln Ln w Q LU� E. Altamesa Blvd. w E- z vi 0 500 1000 1500 LOCATION MAP 1 " = 1000' GRAPHIC SCALE 1 "=1000, CPN 104281 MAPSCO NO. 77Z & 78W VICINITY MAP DEVELOPER: PALLADIUM OAK GROVE ENGINEER: Treymore Construction, LLC 4201 Spring Valley Rd, Suite 800 FEBRUARY 2023 1720 Cross Engineering Consultants, Inc. Dallas, Texas 75244 W. Virginia McKinney, Texas 75069 OAK GRO-�, T VE ROADwI I� \ Z'-' A.--- -� - Domestic Tap 0 LEGEND Proposed Water Line MAIN n\ a 8" MAI 2111h,' 1n Scale: 1®120' Domestic Tapvv EXHIBIT A DEVELOPER: WATER ENGINEER: Treymore Construction, LLC PALLADIUM OAK GROVE Cross Engineering Consultants, Inc. 4201 Spring Valley Rd, Suite 800 1720 W. Virginia Dallas, Texas 75244 CPN #104281, FEBRUARY 2023 McKinney, Texas 75069 OAK u � 0 F MANHOLE W/ 8" SERVICE \\"-\ i Ao� x ►7! ��- W Ln� y L EXHIBIT Al DEVELOPER: WASTE WATER Treymore Construction, PALLADIUM OAK GROVE 4201 Spring Valley Rd, Suitee 800 Dallas, Texas 75244 CPN #104281, FEBRUARY 2023 Scale: 1 "=120' ENGINEER: Cross Engineering Consultants, Inc. 1720 W. Virginia McKinney, Texas 75069 O-/ DEVELOPER: Treymore Construction, LLC 4201 Spring Valley Rd, Suite 800 Dallas, Texas 75244 EXHIBIT B PAVING PALLADIUM OAK GROVE CPN #104281, FEBRUARY 2023 ENGINEER: Cross Engineering Consultants, Inc. 1720 W. Virginia McKinney, Texas 75069 _ oAK— GROVE RO��D � a �X- Ot r LEGEND PROPOSED CONCRETE Y 60" RCP N Scale: 1 "=120' Proposed Storm Line EXHIBIT B 1 DEVELOPER: STORM DRAINAGE ENGINEER: Treymore Construction, LLC PALLADIUM OAK GROVE Cross Engineering Consultants, Inc. 4201 Spring Valley Rd, Suite 800 1720 W. Virginia Dallas, Texas 75244 McKinney, Texas 75069 CPN #104281, FEBRUARY 2023 OAK GROVE ROAD �O • Proposed Street Light i Existing Street Light DEVELOPER: Treymore Construction, LLC 4201 Spring Valley Rd, Suite 800 Dallas, Texas 75244 EXHIBIT C STREET LIGHTS PALLADIUM OAK GROVE CPN #104281, FEBRUARY 2023 _®_ Scale: 1 "=120' ENGINEER: Cross Engineering Consultants, Inc. 1720 N. Virginia McKinney, Texas 75069 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page I of 7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 3311.0261 8" PVC Water Pipe 33 11 12 LF 114 $54.00 $6,156.00 2 3311.0061 4" PVC Water Pipe 33 11 12 LF 28 $40.00 $1,120.00 3 3311.0001 Ductile Iron Water Fittings/Restraint 33 11 11 TON 1 $8 000.00 $8,000.00 4 3312.2801 3" Water Meter and Vault 33 1211 EA 1 $30,000.00 $30,000.00 5 3312.2203 2" Water Service 33 1210 EA 3 $4,000.00 $12,000.00 6 3312.0002 Water Sampling Station 33 1250 EA 1 $2,500.00 $2,500.00 7 3201.0202 Asphalt Pvmt Repair Beyond Defined Width 3401 17 Sy 303 $90.00 $27 270.00 8 3305.0109 Trench Safety 3305 10 LF 185 $5.00 $925.00 9 3311.0141 6" PVC Water Pie 3311 12 LF 43 $58.00 $2 494.00 10 3312.2201 2" Water Service, Meter Reconnection 33 12 10 EA 1 $10,000.00 $10,000.00 11 3312.4209 24" x 8" Tapping Sleeve & Valve 33 1225 EA 2 $25,000.00 $50,000.00 12 3312.4208 24" x 6" Tapping Sleeve & Valve 34 1225 EA 1 $25,000.00 $25,000.00 13 3292.0101 Utility Service Surface Restoration Sodding 3292 13 Sy 90 $5.00 $450.00 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I: WATER IMPROVEMENTS $175,915.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 2 of 7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT II: SANITARY SEWER IMPROVEMENTS 1 2 3 4 5 6 7 8 9 3331.4115 8" Sewer Pipe 3339.1001 4' Manhole 3301.0002 Post -CCTV Inspection 3305.0109 Trench Safety 3339.0001 Epoxy Manhole Liner 3301.0101 Manhole Vacuum Testing 0241.2201 Remove 4' Sewer Manhole 9999.0001 4' Manhole w/ Bolt Down Lid & Watertight Gask 3305.1003 20" Casing by Open Cut 33 11 10 3339 10 3301 31 3305 10 33 39 60 3301 30 0241 14 3339 10 33 05 22 LF EA LF LF VF EA EA EA LF 68 3 68 68 22.1 3 1 1 20 $57.00 $8,000.00 $20.00 $20.00 $500.00 $250.00 $3,000.00 $9,000.00 1 $350.00 $3,876.00 $24,000.00 $1 360.00 $1 360.00 $11,050.00 $750.00 $3,000.00 $9,000.00 $7,000.00 10 3292.0101 Utility Service Surface Restoration Sodding 3292 13 SY 30 $5.001 $150.00 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 3339.1003 4' Extra Depth Manhole 3305.0112 Concrete Collar 3339 10 33 05 17 VF EA 11.8 2 $325.00 $1,000.00 $3,835.00 $2,000.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS1 $67,381.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Farm Version May 22, 2019 00 42 43_13id Proposal_DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 3 of 7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT III: DRAINAGE IMPROVEMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 3341.0602 60" RCP, Class III 3341.0605 66" RCP, Class III 3349.0004 7' Storm Junction Box 3137.0102 Large Stone Riprap, dry 3349.4115 60" SET, 1 pipe 3349.2014 66" Parallel Headwall, 1 pipe 3349.1014 66" Flared Headwall, 1 pipe 3137.0101 Concrete Riprap (flume) 3301.0012 Post -CCTV Inspection of Storm Drain 3305.0109 Trench Safety 9999.0001 W-Beam End Section Guard Rail 3441 10 3441 10 3349 10 31 3700 33 49 40 33 49 40 33 49 40 31 3700 3301 31 3305 10 00 00 00 LF LF EA SY EA EA EA SY EA LF EA 71 250 1 449 2 1 1 863 1 321 2 $435.00 $533.00 $15,000.00 $150.00 $10,000.00 $10,000.00 $10,000.00 $170.00 $1,500.00 $10.00 $1,000.00 $30,885.00 $133,250.00 $15,000.00 $67,350.00 $20,000.00 $10,000.00 $10,000.00 $146,710.00 $1,500.00 $3,210.00 $2 000.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS1 $439,905.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_B,d Proposal_DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 4 of 7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: PAVING IMPROVEMENTS 32 1320 Sy 180 $85.30 $15,354.00 1 3213.0403 8" Concrete Driveway 2 3213.0301 4" Conc Sidewalk 32 13 13 Sy 650 $79.72 $51,818.00 3 3213.0501 Barrier Free Ramp 32 1320 EA 5 $350.00 $1,750.00 4 0241.0401 Remove Concrete Drive 0241 13 Sy 115 $27.00 $3,105.00 5 3471.0001 Traffic Control 3471 13 LS 1 $3,500.00 $3,500.00 6 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 112 $36.00 $4,032.00 7 0241.0402 Remove Asphalt Drive 0241 13 SF 432 $3.00 $1,296.00 8 0241.0550 Remove Guardrail 0241 13 LF 20 $3.00 $60.00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT IV: PAVING IMPROVEMENTS1 $80,915.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Fonn Version May 22, 2019 00 42 433id Proposal_DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 5 of 7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT V: STREET LIGHTING IMPROVEMENTS 3441 20 EA 1 $7,500.00 $7,500.00 1 2605.0111 Furnish/Install Elec Sery Pedestal 2 2605.3015 2" Condt PVC Sch 80(T) 3441 20 LF 998 $25.00 $24,950.00 3 3441.1408 No. 6 Insulated Elec Condr 3441 20 LF 2994 $3.00 $8,982.00 4 3441.1502 Ground Box Type B, w/ Apron 3441 20 EA 3 $1,353.00 $4,059.00 5 3441.3050 Furnish/Install LED Lighting Fixture (ATBO) 3441 20 EA 5 1 $785.00 $3,925.00 6 3441.3037 Furnish/Install 10' Washington Pole & Fixture 3441 20 EA 20 $3.750.00 $75,000.00 7 3441.1645 Furnish/Install Type 33A Arm 3641 20 EA 5 $750.00 $3,750.00 8 3441.3303 Furnish/Install Rdwy Illum Foundation TY 7 3541 20 EA 20 $1,450.00 $29,000.00 9 Electrical Permit 3441 20 EA 1 $100.00 $100.00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS1 $157,266.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Paee 6 of 7 �I Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43—Bid Proposal_DAP SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 0042 43 DAP - BID PROPOSAL Page 7 of 7 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Bid Summary UNIT I: WATER IMPROVEMENTS $175,915.00 UNIT II: SANITARY SEWER IMPROVEMENTS $67,381.00 UNIT III: DRAINAGE IMPROVEMENTS $439,905.00 UNIT IV: PAVING IMPROVEMENTS $80,915.00 UNIT V: STREET LIGHTING IMPROVEMENTS $157,266.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid] $921,382.00 Note: The contractor may, at their discretion, pause the accumulation of working days and associated City inspections throughout construction. Contractor shall provide notice to the City inspector (or their assignee) 24-hours prior to the start of each pause in working days and inspections. Contractor shall provide 24 hours prior notice for restarting o working da s and inspectio s. There is no limit to the number of pauses requested by the contractor or the duration of each pause. This Bid is submitted by the entity named below: BIDDER: BY; TITLE: DATE: Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION 4xill.% 1 120 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP City of Fort Worth, Texas Mayor and Council Communication DATE: 09/27/22 M&C FILE NUMBER: M&C 22-0795 LOG NAME: 19PALLADIUMOAKGROVERESOLUTION SUBJECT (CD 9) Conduct a Public Hearing on the Application by Palladium Oak Grove, Ltd. to the Texas Department of Housing and Community Affairs for Non -Competitive (4%) Housing Tax Credits for Palladium Oak Grove, a Proposed Tax -Exempt Development to be Located at 840 and 1000 Oak Grove Road, Fort Worth, Texas 76115, Adopt a Resolution of No Objection to the Application, Make Related Determinations, Authorize Wavier of Various City Fees in the Approximate Amount of $300,043.00, and Find that Waiver of Fees Serves a Public Purpose and that Adequate Controls are in Place to Ensure the Public Purpose is Carried Out (PUBLIC HEARING - a. Report of City Staff: Leah Brown; b. Citizen Presentations; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen comment on the application of Palladium Oak Grove, Ltd. to the Texas Department of Housing and Community Affairs for 2022 Non -Competitive (4%) Housing Tax Credits for the proposed tax-exempt development of Palladium Oak Grove, a multifamily affordable rental housing development, to be located at 840 and 1000 Oak Grove Road, Fort Worth, Texas 76115; 2. Adopt the attached Resolution of No Objection to the application by Palladium Oak Grove, Ltd. to the Texas Department of Housing and Community Affairs for 2022 Non -Competitive (4%) Housing Tax Credits for Palladium Oak Grove, a proposed tax-exempt multifamily development; and 3. Determine that the development of Palladium Oak Grove is consistent with the City's obligation to affirmatively further fair housing; 4. Waive the listed City fees in the approximate aggregate amount of $300,043.00; and 5. Find that the waiver of the listed fees serves the public purpose of providing decent, safe, and affordable housing to City residents and that adequate controls are in place to ensure that the public purpose is carried out. DISCUSSION: Palladium Oak Grove, Ltd. applied to the Texas Department of Housing and Community Affairs (TDHCA) for 2022 Non -Competitive (4%) Housing Tax Credits for the development of Palladium Oak Grove, a multifamily affordable rental housing development, and has requested a Resolution of No Objection from the City Council. TDHCA requires Housing Tax Credit applicants to provide a Resolution of No Objection from the governing body of the jurisdiction in which the proposed development will be sited. As part of these TDHCA requirements, the governing body must also conduct a public hearing for citizens to provide comment on the proposed development. Palladium Oak Grove will consist of approximately 240 units. There will be 48 units set aside for households earning 80 percent or less of Area Median Income (AMI), 168 units are reserved for households earning 60 percent or less of AMI, with the remaining 24 units set aside for households earning 0-30 percent of AMI. The development will consist of one-, two-, and three -bedroom units with a resort -style pool with gazebo, playground, dog park, cabana with grills, horseshoe pit, walking trails, and clubhouse with community room, business lab, High Speed Wi- Fi, state-of-the-art fitness center, children's playroom, and conference room. Palladium Oak Grove is located within close proximity to public transportation, retail, schools and access to both Interstate Highway 35 West and Interstate Highway 20, which connect to the greater Dallas -Fort Worth area. The property upon which Palladium Oak Grove will be constructed is currently zoned as PD-Planned Development. No changes to the zoning designation are required. Palladium Oak Grove, Ltd. is an affiliate of Palladium USA, Inc., which has developed over 25 affordable and mixed income multifamily properties in Texas. Palladium USA, Inc. approached the Fort Worth Housing Finance Corporation (FWHFC) about a partnership. On March 29, 2022, the FWHFC board approved a partnership in which the FWHFC will serve as general partner and general contractor which will provide the development with certain tax exemptions (Resolution Nos. FWHFC-2022-2 through FWHFC-2022-5). If Palladium Oak Grove, Ltd. receives a tax exemption for the development through its partnership with the FWHFC, local taxing entities would forego an estimated aggregate amount of almost $4.9 million in property tax revenue over fifteen years. Of that amount, the portion associated with estimated foregone City of Fort Worth property tax revenues is $1,275,335. On November 9, 2021, City Council adopted a housing tax credit policy (Mayor and Council Communication (M&C) 21-0845) that outlines the requirements for an applicant to receive a Resolution of No Objection for a 4% housing tax credit development. The policy requires that the councilmember who represents the district in which the development will be located be notified as well as any registered neighborhood or homeowner's association(s) with boundaries that are within one -quarter mile of the proposed development. In addition, at least one public meeting must be held for the affected neighborhood association(s) (NA) or homeowner's association(s) (HOA) prior to submission of a resolution application. Palladium Oak Grove, Ltd. notified both Councilmember Elizabeth Beck (CD 9) and the Oakridge Terrace Neighborhood Association and held a meeting with the NA to inform the neighborhood of the proposed development and receive input. Councilmember Elizabeth Beck and the Oakridge Terrace NA have indicated their support for the development. The City's housing tax credit policy requirement specific to 4% housing tax credit developments states that at least 10 percent of the total units in a development be set -aside for households earning at or below 30 percent of the area median income (AMI). Palladium Oak Grove meets this policy requirement. TDHCA rules state that if a proposed development will be located in a census tract with more than 20% Housing Tax Credit units per total households as established by the five-year American Community Survey, it will be ineligible for Housing Tax Credits unless the governing body of the jurisdiction in which the proposed development is to be located has no objection to the application and also submits a Resolution to TDHCA stating that the proposed development is consistent with the jurisdiction's federal obligation to affirmatively further fair housing. Palladium Oak Grove will be located in such a census tract. By approval of this M&C and related resolution, City Council affirms that it has no objection to the development and that the development is consistent with the City's obligation to affirmatively further fair housing. Following the close of the public hearing, Staff requests that the City Council consider the attached Resolution of No Objection, including all related acknowledgements included therein, to support the application for 2022 Non -Competitive (4%) Housing Tax Credits for the proposed development of Palladium Oak Grove. The development will assist the City in fulfilling its goals under its Consolidated Plan and Comprehensive Plan by providing quality, accessible, affordable housing for low- to moderate -income residents and supporting economic development and revitalization. Staff recommends the waiver of the following fees in the approximate amount of $300,043.00: Fee Approximate Amount All Building Permit related Fees (including $297,360.00 Plans Review and Inspections) Plat Application Fee (including Concept $2,228.00 Plan, Preliminary Plat, Final Plat, Short Form Replat) Community Facilities Agreement (CFA) $2,230.00 Application Fee Consent/Encroachment Agreement $700.00 Application Fees $150.00 Sign Permit Fees $635.00 Stormwater Facilities Management Agreement Fee $1,360.00 Drainage Study Review Fee $7,353.00 IRPC Fees $455.00 Urban Forestry Fee By approving this M&C, the City Council finds that the waiver of development fees for the Palladium Oak Grove development in the approximate amount of $300,043.00, is necessary for the financial feasibility of the development and for meeting the public purpose of providing decent, safe, and affordable housing to low- to moderate- income residents. The City's housing finance corporation will be the sole member of the general partner of Palladium Oak Grove Ltd., and will own the land on which the development will be built. The affordability requirements for the project will be ensured through the long-term ground lease between the Fort Worth Housing Finance Corporation and Palladium Oak Grove Ltd. Additionally, various contracts and documents from TDHCA and the Department of Housing and Urban Development, which is insuring the development's primary loan, will also require certain affordability for no less than fifteen years. Accordingly, approval of this M&C also represents Council's finding that the ground lease and other documents are sufficient to ensure the public purpose is carried out. The amounts listed above are estimated fees, but this M&C authorizes the waiver of the actual amount of any listed fees once such fees are determined. In the event any of these fees were previously paid, approval of this M&C authorizes City staff to refund such payments. This development is located in COUNCIL DISTRICT 9. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that approval of the above recommendations will have no material effect on the Fiscal Year 2022 Budget, and that any effect on expenditures and revenues will be budgeted in future Fiscal Years and will be included in the long-term financial forecast. Submitted for City Manager's Office by: Fernando Costa 6122 Originating Business Unit Head: Victor Turner 8187 Amy Connolly 7556 Additional Information Contact: Chad La Roque 2661