HomeMy WebLinkAboutContract 59256CSC No. 59256
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
DEER CREEK MEADOWS PP-18-084
This AGREEMENT CONCERNING PARK DEDICATION AND
IMPROVEMENTS FOR DEER CREEK MEADOWS PP-18-084 ("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
Bloomfield Homes, LP ("BH"), ONM Living, LLC ("ONM") and HMH Lifestyles, L.P. ("HMH")
(collectively and individually, "Developer"), acting by and through their duly authorized
representatives. City and Developer are referred to herein individually as a "party" and collectively
as the "parties."
WHEREAS, Developer is constructing the DEER CREEK MEADOWS subdivision in the
City of Fort Worth; and
WHEREAS, the City and Developer desire to establish a formal written agreement relating
to the parkland dedication and improvement requirements, improvement credits and land or
improvement refunds related to the DEER CREEK MEADOWS subdivision.
NOW THEREFORE, City and Developer agree as follows:
SECTION 1
BACKGROUND AND PURPOSE
1.1 Developer is constructing, or causing to be constructed, the DEER CREEK MEADOWS
subdivision ("Development Area") consisting of approximately 501.22 acres of land in the
City of Fort Worth, consisting of approximately 50.49 acres to be developed as multifamily
residential and the remaining, approximately 450.73 acres, to be developed as single-
family residential as shown on Exhibit "A".
1.1.1 ONM is constructing or causing to construct improvements on approximately 50.49 acres
of land for multifamily residential use, and approximately 49.2 acres of land for single-
family residential uses, shown on Exhibit "A" as "ONM" & "ONM I".
1.1.2 HMH is constructing or causing to construct improvements on approximately 44.9 acres
of land for single-family residential uses, shown on Exhibit "A" as "HMH II".
1.1.3 BH is constructing or causing to construct improvements on the remainder of the property
within the Development Area for single-family residential uses, shown on Exhibit "A" as
BH III-VIII (collectively, the `BH Property").
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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS IURTHE DEER
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OFFICIAL RECORD
CITY SECRETARY 1 Of 15
FT. WORTH, TX
1.3 The City and Developer acknowledge that this Agreement is not intended to supersede the
Policy, except as set out in this section; 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. Further, notwithstanding anything above, changes to the Policy shall
not affect the amount or timing of required dedication of park land or construction of park
improvements or the amount or timing of payment of required fees, if any, which shall be governed
by this Agreement.
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 0 No
2.2 The Development Area is subject to the Central City Park Flat Fee in the amount of NOT
APPLICABLE 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; 0 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
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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 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 Park 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 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 77.6 acres of total parkland within the
Development Area, which are identified in Exhibit "A" as Neighborhood (NPA, NPB and NPC)
and Community (CP 1-5) Parkland. 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 19.058 acres of Neighborhood Park and 21.99 acres of Community Park.
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 Development Services Department to
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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.
3.2.4 Developer shall dedicate Neighborhood Park land and Community Park land to
the City as follows. All references to the ONM Property, the HMH Property, the BF Property and
development phases are as described in Recital 1.1 and shown on Exhibit "A".
3.2.4.1 ONM shall dedicate approximately 18 acres of Community Park
land shown on Exhibit "A" as "CPI" with the final plat for ONM.
3.2.4.2 ONM shall dedicate approximately six (6) acres of Community Park
land shown on Exhibit "A" as "CP2" with the final plat for ONM I.
3.2.4.3 HMH shall dedicate approximately nine (9) acres of Community
Park land shown on Exhibit "A" as "CP3" and Neighborhood Park B, consisting
of approximately 10 acres of land shown on Exhibit "A" as "NPB" with the final
plat for HMH Il.
3.2.4.4 BH shall dedicate approximately nine (9) acres of Community Park
land shown on Exhibit "A" as "CP4" with the final plat for Phase VI of the BH
Property.
3.2.4.5 BH shall dedicate approximately 16 acres of Community Park land
shown on Exhibit "A" as "CP5" and Neighborhood Park C, consisting of
approximately 5.0 acres of land shown on Exhibit "A" as "NPC", with the final
plat for Phase VII of the BH Property.
3.2.4.6 BH shall dedicate Neighborhood Park A, consisting of
approximately 4.6 acres of land shown on Exhibit "A" as "NPA", with the final
plat for Phase VIII of the BH Property.
3.2.5 Dedication of Neighborhood Park land and Community Park land in accordance
with Section 3.2.4 shall constitute full compliance with each Developer's park land dedication
requirements set out in Sections 3.3 and 3.4.
3.3 Neighborhood Based Park Dedication: For all areas outside of the Central City, the Policy
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requires 2.5 acres of Neighborhood Based Park dedication per 1,000 population.
3.3.1 The amount of acreage required for dedication as Neighborhood Based Park
Development, as indicated by the Policy and Anticipated Construction, is 19.058 acres, calculated
as follows:
16.575 acres 3.25 x (1700 s.£ units x 3 Persons/Unit)
1,000
2.483 acres 3.25 x (382 m.f. x 2 Persons/Unit)
1,000
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 21.99 acres, calculated as follows:
19.125 acres 3.75 x (1700 s.£ units x 3 Persons/Unit)
1,000
2.865 acres 3.75 x (382 m.f. x 2 Persons/Unit)
1,000
3.5 The Development Plan approved by the City Council on November 9, 2021 in connection
with approval of Zoning Case ZC-21-074 for the 50.49 acres of ONM property to be developed as
multifamily residential requires 20.22 acres of open space and provides that areas to be dedicated
to the City for park land shall be counted toward the open space requirement. The City
acknowledges that the community park land shown on Exhibit "A" as CP1 and described in
Section 3.2.4.1 shall count toward such open space requirement for such ONM.
SECTION 4
NEIGHBORHOOD BASED PARK LAND, DEVELOPMENT AND INFRASTRCUTURE
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: Z Yes ❑ No
4.2 The Developer must pay a Neighborhood Based Park Development Fee in the amount of
$2,044,956.57 consisting of $107,301.74 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 recording of the final plat for the relevant Development Area.
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4.3 Neighborhood Based Park Development Fee Credits: City and Developer 0 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) consisting of the Approved Improvements in Exhibit "C". HMH shall
construct the Approved Improvements to Neighborhood Park B as shown in Exhibit `A' and
described in Exhibit "C". Construction and City acceptance of such improvements shall constitute
full satisfaction of the Neighborhood Based Park Development Fee by ONM and HMH and shall
entitle such parties to reimbursement of all such fees paid to the City, in accordance with Section
4.3.2. BH shall construct the Approved Improvements to Neighborhood Parks A and C as shown
in Exhibit `A' and described in Exhibit "C". Construction and City acceptance of such
improvements shall constitute full satisfaction of the Neighborhood Based Park Development Fee
by BH and shall entitle BH to reimbursement of all such fees paid to the City, in accordance with
Section 4.3.2.
4.3.2 Developer intends to construct the Approved Improvements after the applicable
final plat is recorded. Each Developer will pay the full amount of Neighborhood Based Park
Development Fees calculated in accordance with Section 4.2 prior to recording a final plat for land
owned by such developer, i.e., ONM will pay Neighborhood Based Park Development Fee for
ONM and ONM I, HMH will pay such fee for HMH II, and BH will pay such fee for the BH
Property. Upon construction and acceptance of the Approved Improvements to Neighborhood
Park B by HMH, the City shall refund all Neighborhood Based Park Development Fees paid by
ONM and HMH and shall credit such construction costs against future Neighborhood Based Park
Development Fees otherwise owed by ONM and HMH. Upon construction and acceptance of the
Approved Improvements to Neighborhood Parks A and C by BH, the City shall refund all
Neighborhood Based Park Development Fees paid by BH and shall credit such construction costs
against future Neighborhood Based Park Development Fees otherwise owed by BH once required
parkland is dedicated and amenities constructed. Otherwise, if mutually agreed, in writing,
between the Developer and the Director, the Developer may choose to develop 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; 0 HAVE NOT mutually agreed to the payment of
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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, as set out in Section 3.2.4.
Developer must notify City of any changes to the preliminaryplats 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 Area on the date this Agreement is executed.
7.3 If Developer wishes to obtain recorded final plats or the issuance of building permits
before. the payment of Central City Park Flat Fees or Neighborhood Based Park Development
Fees, or the construction of parkland improvements, then Developer will deliver to the City a
financial guarantee in the form of a letter of credit, escrow agreement, or cash escrow satisfactory
to the Director guaranteeing that Developer will 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 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
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Construction but failed to dedicate parkland, expend or otherwise make payments, pursuant to
sections 3 and 4 above, of the Central City Park Flat Fees or Neighborhood Based Park
Development Fees, or construct Approved Improvements to parkland required by this Agreement
within twelve (12) months after recording 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.
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 on land owned by a Developer that will be dedicated to the City in the future,
each Developer is responsible and liable for all 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. OMM, HMH and
Bloomfield shall be responsible only for the land owned by such entity and not for the land owned
by any other entity.
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:
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:
Bloomfield Homes, L.P.
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Attn: Don Dykstra
1050 E. Hwy. 114, Suite 210
Southlake, Texas 76092
ONM Living LLC
Attn: Zac Thompson
1038 Texan Trail
Grapevine, Texas 76051
HMH Lifestyles, L.P.
Attn: Darrel Amen
1038 Texan Trail
Grapevine, Texas 76051
with copies to:
Glen A. Bellinger
Bellinger & Suberg, L.L.P.
12221 Merit Drive, Suite 1750
Dallas, Texas 75251
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
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
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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. Each Developer and its successors,
representatives and assigns, if any, is responsible only for the obligations of such Developer
pursuant to this Agreement and not for the obligations of any other Developer.
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
18.1 It is understood that by execution of this Agreement, the City does not waive or surrender
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any of its 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 Except as provided by this section, 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.
Notwithstanding the foregoing, Developer can assign this Agreement to an entity affiliated with
Developer without City consent, but with written notice to the City. 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 exclusively 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 transmission) of an original signature, or signatures electronically inserted
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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, except as provided herein.
SECTION 24
LIABILITY AND INDEMNIFICATION
24.1 BH, ONM, AND HMH, EACH AN "INDIVIDUAL DEVELOPER" AGREE TO
DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS, AND EXPENSES OFANYKIND, 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 MAYRELATE TO, ARISE OUT OF OR
BE OCCASIONED BY (i) SUCHINDIVIDUAL DEVELOPER'S BREACH OFANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF SUCH INDIVIDUAL 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. EACH INDIVIDUAL DEVELOPER SHALL
INDEMNIFY THE CITY ONLY FOR ACTIONS OR INACTIONS BY SUCH INDIVIDUAL
DEVELOPER, ASSET OUT ABOVE, AND NOT FOR THE ACTIONS OR INACTIONS OF
ANY OTHER DEVELOPER.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS IURTHE DEER
CREEK MEADOWS DEVELOPMENT (PP-18-084)
12 of 15
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 IURTHE DEER
CREEK MEADOWS DEVELOPMENT (PP-18-084)
13 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
multiples.
City:
By: C>32—Q
Name: Jesica McEachern
Title: Assistant City Manager
Date: Apr 18, 2023
Developer:
HMH Lifestyles, L.P.,
a Texas limited partnership
By: BNMJR, Inc.,
Its General Partner
By.1t11.Aw? r 2
Name: Nelson Mitchell
Title: Chief Executive Officer
Date: Apr 6, 2023
Bloomfield Homes, L.P.,
a Texas limited partnership
By: Bloomfield Properties, Inc.,
Its General Partner
4-n.._
By Donald J Dykstra (Apr 6, 202318:30 EDT)
Name: Don Dykstra
Title: President
Date: Apr 6, 2023
ONM Living, LLC, a Texas limited partnership
By Matt Matt We& WrAAoht6:48DDT,
Name: Matt Wiggins
Title: Chief Financial Officer
Date: Apr 12, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS 1DRTHE DEER
CREEK MEADOWS DEVELOPMENT (PP-18-084)
14 of 15
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: 49w
Name: Dave Lewis
Title: Interim Director
Approved as to Form and Legality:
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
Form 1295: FORM 1295 NUMBER
Contract Compliance Manager:
By signing I acknowledge that I am the pers
responsible for the monitoring and administration
this contract, including ensuring all performance a
reporting requirements.
By: Lori L Gordon pr 5, 202317:23 CDT)
Name: Lori Gordon
Title: Landscape Architect Manager
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City Secretary: spot ....... u, o
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By:
Name: Janette Goodall
Title: City Secretary — v
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS IURTHE DEER
CREEK MEADOWS DEVELOPMENT (PP-18-084)
15 of 15
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
OVERALL DEVELOPMENT AREA
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EXHIBIT A - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
Neighborhood Park A
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EXHIBIT A - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
Neighborhood Park B
EXHIBIT A - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
Neighborhood Park C
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EXHIBIT A - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT B
FEE CREDIT AGREEMENT
For Neighborhood Park A, B & C
Dedicate approximately 19.6 acres of land, of which approximately 1.588 acres is out of the
floodplain in each park and 1/3 of each park has grades of 2% or less per the adopted 2015 Park,
Recreation and Open Space Master Plan, to the City of Fort Worth as a Neighborhood Based Park.
The Developer will construct the following Neighborhood Based Park amenities:
• A City of Fort Worth approved prototype:
o Shelter
o Play Structure
o Half -Court Basketball Court with Basketball Standard
o Baseball backstop
Minimum'/4 mile, 6' wide, walking trail
Associated grading to ensure site has positive drainage
Seed or sod to stabilize park site surface.
No drainage structures will be permitted on City of Fort Worth parkland unless related specifically
to the park development. No development detention ponds or outfall structures will be accepted.
If proposed, alternate parkland solutions from the developer are to be presented.
Once the Neighborhood Park Land is deeded to the City of Fort Worth and the Park improvement
construction is accepted by the City, the Neighborhood Park Land and Development fees paid will
be returned to the developer.
For Community Parks
Dedicate approximately 58 acres of land. Dedication will be land only, graded to meet the City of
Fort Worth Stormwater standards and stabilized with seed or sod to a minimum groundcover
coverage of 80%.
EXHIBIT B - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
• Shelter (City of Fort Worth approved prototype);
• Play Structure (City of Fort Worth approved prototype);
• Half -Court Basketball Court with Basketball Standard (City of Fort Worth approved
prototype);
• Baseball backstop (City of Fort Worth approved prototype);
• Walking trail, 1/4 mile minimum, 6' wide;
• Associated grading to ensure site has positive drainage; and seed or sod to stabilize park
site surface to a minimum 80% coverage.
See following page for estimate of probable cost
EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
Preliminary Cost Estimate -typical Neighborhood Park construction
Exhibit C Deer Creek Meadows
City of Fort Worth, Tarrant County, Texas
Client: Mike Collins
Bloomfield Homes
By: Cody Johnson PLA, ASLA, LI
Johnson Volk Consulting
Project # DPI021
A. Park A - Hardscape Improvements
Date: 7-21-2022
Unit
Description
Unit Price
Total
1
EA
Playground Facility
$150,000.00
$150,000.00
1
EA
24'x24' Arbor with Concrete Pad and Picnic Table,
Benches, and Trash Receptical
$50,000.00
$50,000.00
1
EA
203'x120' Soccer / Baseball Field with Backstop
$15,500.00
$15,500.00
1
EA
50'x42' Concrete Basketball Court with Benches
and Trash Receptical
$28,500.00
$28,500.00
2
EA
Grill Station with Trash Receptacles
$4,500.00
$9,000.00
2
EA
6'-0" Park Bench with Concrete Slab
$2,250.00
$4,500.00
2
EA
Barrier Free Ramp
$1,350.00
$2,700.00
14,180
SF
10'-0" Width Concrete Trail
$6.95
$98,551.00
11,072
SF
8'-0" Width Concrete Trail
$6.50
$71,968.00
3,525
SF
6'-0" Width Concrete Sidewalk
$5.75
$20,268.75
Total Hardscape Improvements:
$450,987.75
B. Park A - Landscape Improvements
Qty
Unit Description
Unit Price
Total
276,700
Finish Grading, Soil preparation, backfill, mulch,
SF compost, fertilizer, and misc. materials provided by
landscape contractor
$0.10
$27,670.00
276,700
SF Common Bermuda Grass Solid Sod
$0.46
$127,282.00
Total Landscape Improvements:1
$154,952.00
Grand Total Of All Improvements:1 $605,939.75
EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT D
FEE SHEET
OUTSIDE
FORT WORTH ESTIMATED FEES -IN -LIEU OF PARKLAND DEDICATION Awmasli
BASED ON 2019 NEIGHBORHOOD AND COMMUNITY PARK POLICY
Calendar Year - 2021
PPD
NP UNIT
CP UNIT
COUNCIL DISTRICT
PARK SERVICE DISTRICT
1
1-23
C2
6
SOUTH
PLATS
Preliminary
PP-18-084
Submitted: L2/19/2018
Final
FP
Submitted: Date
1
Single -Family Units:
1,700
@ 3 Persons per unit
Deer Creek Meadows
2
Multi -Family Units:
382
@ 2 Persons per unit
3
Land Value (per acre):
$17,491.60
FMVA 30 July 2021
4
Population generated:
5,864
LINE 1 (x 3 persons/unit) + LINE 2 (x 2 persons/unit)
NEIGHBORHOOD
PARK
LAND COMPONENT
5
1 Land Dedication Required:
19.0580 Acres LINE 4 x 3.25 Acres (per 1,000 Population)
6
1 LAND FEE:
$333,354.91* LINE 3 x LINE 5
DEVELOPMENT COMPONENT
7
Street Frontage Required:
1276 LF
See Notes
8
DEVELOPMENT FEE:
$1,562,222.38*
LINE 5 x $81,972 per acre
9
Street Frontage Cost:
$49,074.96
LINE 7 x $38.46 (may change at Final Plat)
30
Water Infrastructure Cost:
$33,903.32
LINE 7 x $26.57 (may change at Final Plat)
11
Sewer Infrastructure Cost:
$37,488.88
LINE 7 x $29.38 (may change at Final Plat)
12
Conference Cost:
$12,046.72
10% of (LINE 9 + LINE 10 + LINE 11)
13
Civil Engineering Cost:
$8,432.10
7%of (LINE 9 + LINE 10+ LINE 11)
14
Design Engineering Cost:
$8,432.70
7%of (LINE 9 + LINE 10+ LINE 11)
15
INFRASTRUCTURE FEE:
$149,379.28*
Sum (LINE 9thru LINE 14)
LAND COMPONENT
COMMUNITY PARK 16 Land Dedication Required: 21.9900 Acres LINE 4 x 3.75 Acres (per 1,000 Population)
17 LAND FEE: $384,640.28* 1 LINE 3 x LINE 16
TOTAL FEE -IN -LIEU 1 $2,429,596.85 LINE 6 + LINE 15 + LINE 17
* highlighted fees are invoiced electronically
NOTES Street Frontage LF required is 35%of the linear measure of a square area equal to LINE 5
EXHIBIT D - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT E
PAYMENT OF FEES IN LIEU OF PARK DEDICATION
NOT APPLICABLE
Neighborhood Park land and improvement are proposed in lieu of Park Dedication fees
Community Park land dedication proposed in lieu of Park Dedication fees
EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT
EXHIBIT F
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EXHIBIT F - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE DEER CREEK MEADOWS DEVELOPMENT