HomeMy WebLinkAboutContract 60267CSC No. 60267
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE "CARRELL HILLS"
(PP-21-077)
This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE
"CARRELL HILLS" PP-21-077 SINGLE FAMILY RESIDENTIAL SUBDIVISION
("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 Lennar Homes of Texas Land & Construction, LTD ("Developer"), a domestic limited
partnership in the State of Texas, acting by and through its duly authorized representative. City and
Developer are referred to herein individually as ("Party") and collectively as ("Parties").
WHEREAS, Developer is constructing the Carrell Hills, a single-family residential 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 improvement requirements, improvement credits and land or improvement refunds
related to the Carrell Hills.
NOW THEREFORE, City and Developer agree as follows:
OFFICIAL RECORD
SECTION 1 CITY SECRETARY
BACKGROUND AND PURPOSE FT. WORTH, Tx
1.1 Developer is constructing, or causing to be constructed, the Carrell Hills, a single family residential
subdivision in the City of Fort Worth. The Development Area means the property that is owned by the
Developer, which is more particularly identified in Exhibit "A", attached hereto and incorporated herein
by reference.
1.2. New residential development, or an increase in density by redevelopment in existing
neighborhoods, creates the need for additional park and recreation facilities. The City's Neighborhood
and Community Park Dedication Policy ("Policy") governs the park dedication and improvement
requirements in the City. The Policy is a City regulation adopted by public ordinance, and Developer is
on notice of its contents. The Policy is incorporated herein by this specific reference as if fully set forth
herein. The construction of the Development Area creates the need for additional parkland in the City and,
therefore, is subject to the Policy.
1.3 The City and Developer acknowledge that this Agreement is not intended to supersede the Policy;
rather, it is meant to identify certain specific responsibilities and obligations of the Developer and City as
they relate to the Policy. To the extent that the Policy conflicts with the terms agreed to herein by the
parties, the Policy shall govern. The parties acknowledge and understand that the City may, from time -
to -time, revise the Policy; therefore, to the extent that any future Policy revisions impact the terms of this
Agreement, the parties will amend this Agreement accordingly. A failure to amend this Agreement will
not render it void; however, any future changes to the Policy that legally affect the terms of this Agreement
will automatically be incorporated and supersede any conflicting terms stated herein, provided, however,
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 1 of 20
that such changes to the Policy will be only applied on a prospective, and not retroactive, basis for legally
vested rights.
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 ("Director") or the Director's authorized designee.
SECTION 2
CENTRAL CITY PARK FLAT FEE
2.1 If the Development Area falls within the Central City (Park Planning District 4) ("PPD 4"), the
Development Area is subject to the Central City Park Flat Fee per each additional residential dwelling
unit, based upon the Development Area's land use in the past five years, in lieu of a land dedication and
associated fees. If the entire Development Area falls outside of PPD 4, then this Section 2 will be of no
force or effect.
2.1.1 The Development Area falls within PPD 4: ❑ Yes ® No
2.2 The Development Area is subject to the Central City Park Flat Fee in the amount of N/A 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 Citv Park Flat Fee Credits: City and Developer ❑ HAVE; ® HAVE NOT mutually
agreed to credits against this fee for the Development Area subject to the Central City Park Flat Fee. The
terms of such credits, if any, are more particularly described in Exhibit `B" which is attached hereto and
incorporated herein for all purposes. Agreements concerning determinations of allowable Central City
Park Flat Fee credits must be formalized prior to release of the first building permit. In accordance with
the Policy, any fee increase or decrease greater than the consumer price index requires the approval of the
City Council.
2.3.1 If City and Developer have agreed to Central City Park Flat Fee Credits, then the Developer
will expend or cause to be expended the Central City Park Flat Fee in construction costs for site
development of neighborhood parks (public and private) consistent with in the Park Recreation and Open
Space Master Plan and the Policy (collectively, the "Approved Improvements"), a non-exclusive list of
which is attached hereto as Exhibit "C" and incorporated herein for all purposes.
2.3.2 Developer, for any fee remaining after any and all Central City Park Flat Fee Credits, must
pay to the City the full amount due prior to the issuance of building permits. The failure to pay the Central
City Flat Fee will be a basis to deny building permitting. Otherwise, the Director may agree to allow
Developer to either: (i) expend or cause to be expended the remaining Central City Flat Fee on various
passive or active public park improvements within the Development Parkland (consisting of one or more
of the Approved Improvements listed on Exhibit "C") within the Development Parkland, or (ii) pay to the
City an amount equal to the amount remaining of the Central City Park Flat Fee. Developer can satisfy
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 2 of 20
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 9.64 acres of total parkland within the Development
Area, which are identified in Exhibit "A" as Park Concept Plan. 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 3.528 acres
combined for Neighborhood and 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
Planning and Development Department to the Park & Recreation Department. Failure to indicate proposed
park dedications on the submitted preliminary plat is sufficient grounds to deny a concept plan or
preliminary plat.
3.2.3 Additional parkland dedication, development fees, and improvements will be required
upon surpassing the Anticipated Construction; whether by preliminary plat, concept plan, or actual
construction. If, however, the Development Parkland is in excess of the amount of parkland required by
the Policy, as of the Effective Date of this Agreement, the City agrees that, in the event Developer develops
more than the Anticipated Construction within the Development Area, City may give Developer credit
toward any additional Development Parkland dedication requirements for development in excess of the
Anticipated Construction up to the maximum amount allowed under the Policy. The decision to grant any
such credit is subject to the absolute discretion of the Director.
3.3 Neighborhood Based Park Dedication: For all areas outside of the Central City, the Policy requires
3.25 acres of Neighborhood Based Park dedication per 1,000 population.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 3 of 20
3.3.1 The amount of acreage required for dedication as Neighborhood Based Park Development,
as indicated by the Policy and Anticipated Construction is: 1.6380 acres [3.25 x (168 Dwelling Units) x 3
Persons/Unit)]/1000
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: 1.8900 acres [3.75 x (168 Dwelling Units) x (3
Persons/Unit)]/1000
N/A
3.5 If the calculation for required Neighborhood Based Park dedication within the Development Area
that falls outside of the Central City results in: less than five (5) acres; the calculation for required
Community Park dedication does not result in thirty (30) acres; or does not meet site selection criteria, as
defined in the Policy, the Director may require a fee -in -lieu of the Neighborhood Based dedication, the
Community Parkland dedication, or both, in accordance with the Policy.
SECTION 4
NEIGHBORHOOD BASED PARK, INFRASTRUCUTRE, AND DEVELOPMENT FEE
(NEIGHBORHOOD BASED PARK FEE)
4.1 If the Development Area requires a Neighborhood Based Park, as discussed above, a
Neighborhood Based Park Development Fee is applicable.
4.1.1 The Development Area requires Neighborhood Based Parks: ❑ Yes ® No
4.2 The Developer must pay a Neighborhood Based Park Fee in the amount of two hundred eight
thousand seven hundred and one dollars and ninety cents ($208,701.90) for each acre of neighborhood -
based parkland required to be dedicated for the Development Area, as established in the version of the
Policy in effect as of the effective date of this Agreement. The Neighborhood Based Park Development
Fee is based on the guidelines of the Policy and may be administratively adjusted by the Director up to
the annual amount of the change in the Consumer Price Index. In accordance with the Policy, the fee must
be paid to the City prior to the issuance of final platting for the Development Area.
4.3 Neighborhood Based Park Development Fee Credits: City and Developer ® HAVE; ❑ HAVE
NOT mutually agreed to credits against the Neighborhood Based Park Development Fee. The terms of
such credits, if any, are more particularly described in Exhibit "B" which is attached hereto and
incorporated herein for all purposes.
4.3.1 If City and Developer have agreed to credits against the Neighborhood Based Park
Development Fee, then the Developer will expend or cause to be expended the Neighborhood Based Park
Development Fee in construction costs for site development of neighborhood parkland (public and private)
to include, but not be limited to, the Approved Improvements in Exhibit "C".
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CARRELL HILLS (PP-21-077) 4 of 20
4.3.2 Developer, for any fee remaining after any and all credits, must pay the full amount due to
the City prior to issuance of the final plat and seek reimbursement thereafter, unless otherwise agreed to
in writing. Failure to pay any fee due to City will be sufficient cause to deny the final plat. Otherwise, if
mutually agreed, in writing, between the Developer and the Director, the Developer may choose to develop
the park site prior to final plat approval in lieu of submitting the Neighborhood Based Park Development
Fee. The requirements for such an agreement are further detailed in the Policy.
SECTION 5
PAYMENT OF FEES IN LIEU OF PARKLAND DEDICATION
5.1 If the calculation for required Neighborhood Based Parkland dedication within the proposed
Development Area results in less than five (5) acres, or the calculation for required Community Park
dedication does not result in thirty (30) acres or does not meet site selection criteria as per the Policy the
Director may recommend that a fee -in -lieu of the Neighborhood Based dedication, the Community
Parkland dedication, or both, be required.
5.1.1 City and Developer ❑ HAVE; ® HAVE NOT mutually agreed to the payment of fees in
lieu of Neighborhood Park parkland 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 parkland dedication. Said agreement is more fully described in Exhibit E which
is attached hereto and incorporated herein by reference as if fully set forth herein.
SECTION 6
PARK PLANS AND CONSTRUCTION DOCUMENTS
6.1 Developer's Concept Park Master Plan must be reviewed and approved by the Director prior to
the City Plan Commission approval and Construction Documents for the Development Parkland must be
reviewed and approved by the Director prior to final platting.
SECTION 7
TIMING OF DEDICATIONS, TRACKING LOG, AND
FINANCIAL GUARANTEE
7.1 Developer will dedicate parkland to the City at the time any portion of the Development Area
adjoining the parkland being dedicated to the City is platted. Developer must notify City of any changes
to the preliminary plats by any attempted revision that may impact park dedication.
7.2 During construction of the Development Area, as each final plat is approved, City will maintain a
tracking log, substantially in the form set forth in Exhibit "F" ("Tracking Log"). The Tracking Log will
document the number of residential units for each plat, and the amount of Central City Park Flat Fees and
Neighborhood Based Park Development Fees owed to the City for each plat, as well as any credits due to
the Developer as a result of park improvements made by the Developer and approved by the City as set
forth in this Agreement. The Tracking Log in Exhibit "F" represents the current status of the Development
on the date this Agreement is executed.
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CARRELL HILLS (PP-21-077) 5 of 20
7.3 If Developer wishes to obtain final plats, or the issuance of building permits before the dedication
of parkland to the City, the payment of Central City Park Flat Fees, Neighborhood Based Park
Development Fees, or the construction of parkland improvements, then Developer will deliver to the City
a financial guarantee in the form of a letter of credit, escrow agreement, or cash escrow satisfactory to the
Director guaranteeing that Developer will dedicate the parkland and pay the Central City Park Flat Fees
or Neighborhood Based Park Development Fees required by this Agreement, or construct the Approved
Improvements authorized by this Agreement ("Financial Guarantee"). The Financial Guarantee must be
in an amount sufficiently representative of the fair market value of the parkland required to be dedicated,
Central City Park Flat Fees or Neighborhood Based Park Development Fees owed to the City, and
Approved Improvements required for the Development Area. The amount of the Financial Guarantee
may be adjusted upon written agreement between the Developer and the Director during construction of
the Development Area to ensure adequate financial guarantee of the Developer's obligations pursuant to
this Agreement.
7.4 City and Developer agree that, if and to the extent Developer has completed the Anticipated
Construction but failed to dedicate parkland, expend or otherwise make payments, pursuant to sections 3
and 4 above, the Central City Park Flat Fees or Neighborhood Based Park Development Fees, or construct
Approved Improvements to parkland required by this Agreement within twelve (12) months after issuance
of the final plat that requires park dedication, payment of fees, or construction of improvements,
respectively, then Developer will pay the City an amount equal to the difference of the required Central
City Park Flat Fees and Neighborhood Based Park Development Fees set forth on the most recent tracking
log, minus the amount of Central City Park Flat Fees and Neighborhood Based Park Development Fee
actually expended by Developer, and minus the amount(s) paid by Developer. For the avoidance of doubt,
City and Developer agree that Developer's obligation to expend or cause to be expended the Central City
Park Flat Fee or the Neighborhood Based Park Development Fee (and/or make the payments specified in
Subsections 3.5 and 4.5 above) is only to the extent Developer has actually completed the Anticipated
Construction.
SECTION 8
PARK IMPROVEMENTS ON DEDICATED PARKLAND
8.1 If Developer desires to construct park improvements on parkland in the Development that has
already been dedicated, and otherwise properly conveyed by deed, to the City, Developer must execute a
temporary construction easement, license agreement, or similar contract with the City setting forth the
terms under which such construction and installation will occur. With respect to park improvements
constructed on land owned by the Developer that will be dedicated to the City in the future, Developer is
responsible and liable for all such improvements, including, but not limited to, any personal injury or
property damage that may occur as a result of such ownership, until such time as the City takes ownership
of the parkland and the associated improvements.
SECTION 9
NOTICES
9.1 Notices. All written notices called for or required by this Agreement must be addressed to the
following, or such other party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand delivery:
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 6 of 20
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:
Lennar Homes of Texas Land & Construction, LTD
1707 Market Place Blvd., Suite 100
Irving, Texas 75063
Attn: Greg Urech
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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 7 of 20
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 would normally call for
the document to be interpreted as against the drafting party will not apply in interpretation of this contract,
and each section, portion, and provision of this Agreement will be construed solely on the basis of the
language contained therein, regardless of who authored such language.
SECTION 13
NO THIRD -PARTY RIGHTS
13.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
SECTION 14
BINDING COVENANTS
14.1 Subject to the limitations contained herein, the covenants, conditions and agreements made and
entered into by the parties hereto are declared to be for the benefit of and binding upon their respective
successors, representatives and assigns, if any.
SECTION 15
NO WAIVER
15.1 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder will not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 16
VENUE AND CHOICE OF LAW
16.1 If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement
will be construed in accordance with the laws of the State of Texas.
SECTION 17
SEVERABILITY
17.1 If any of the provisions contained in this Agreement is held, for any reason, to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or unenforceability, will be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 8 of 20
SECTION 18
GOVERNMENTAL POWERS
18.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of
it governmental powers or immunities.
SECTION 19
AMENDMENTS AND ASSIGNMENTS
19.1 This Agreement cannot be modified, or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement.
19.2 This Agreement cannot be assigned by Developer to another entity without the written consent of
the City. If City grants consent to an assignment, the assignee will execute a written agreement with the
City and Developer under which the assignee agrees to be bound by the duties and obligations of
Developer under this Agreement. Developer will be liable for all obligations of Developer under this
Agreement prior to the effective date of the assignment and until complying with the requirements of the
provisions of this section.
SECTION 20
AUDIT
20.1 Developer agrees that City and its internal auditor will have the right to audit, which will include,
but not be limited to, the right to reasonable access to and the right to examine, the financial and business
records of Developer that relate to this Agreement, including, but not limited to, all reasonably necessary
books, papers, documents, records, and personnel, (collectively "Records") in order to determine
compliance with this Agreement. Developer will make all Records available to City at Developer's office
within thirty (30) days after written notice by City and will otherwise reasonably cooperate with City
during any audit. Notwithstanding anything to the contrary herein, this section will survive expiration or
earlier termination of this Agreement for a period of three (3) years.
SECTION 21
AUTHORIZATION
21.1 By executing this Agreement, Developer's agent affirms that he or she is authorized by Developer
to execute this Agreement and that all representations made herein with regard to Developer's identity,
address, and legal status are true and correct.
SECTION 22
COUNTERPARTS AND ELECTRONIC SIGNATURES
22.1 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
22.2 This Agreement may be executed by electronic signature, which will be considered as an original
signature for all purposes and have the same force and effect as an original signature. For these purposes,
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 9 of 20
"electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile
transmission) of an original signature, or signatures electronically inserted via software such as Adobe
Sign.
SECTION 23
SOLE AGREEMENT
23.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein
by reference, contains the entire understanding and agreement between the City and Developer, and any
lawful assign and successor of Developer, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement, provided that, to the extent such terms of the Agreement conflict with
the Policy, then the Policy will govern.
SECTION 24
LIABILITY AND INDEMNIFICATION
24.1 DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCL UDING ALLEGED DAMAGE OR LOSS TO B USINESS AND ANY RESULTING LOST
PROFITS) AND/ OR PERSONAL INJURY (INCL UDING DEATH) THAT MAY RELATE TO,
ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
CITY), SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO THE
CONSTRUCTION OF PARKLAND AND PARK IMPROVEMENTS OR THE
PERFORMANCE OF THIS AGREEMENT.
SECTION 25
ENTIRE AGREEMENT
25.1 This Agreement (including all attachments, schedules, and exhibits attached hereto) constitutes the
entire understanding and agreement of the City and Developer. Any prior or contemporaneous oral or
written agreement that is referenced herein is hereby declared null and void to the extent in conflict with
the terms and conditions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 10 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
By;
Name: Jesica McEachern
Title: Assistant City Manager
Effective Date: Oct 16, 2023
Developer:
LENNAR HOMES OF TEXAS LAND &
CONSTRUCTION, LTD,
a Texas limited partnership
By: U.S. Home, LLC, a Delaware limited
liability company [successor -in -interest by
conversion from U.S. Home Corporation, a
Delaware corporation]
By: Jennifer Eller(Sep 15,2023 CDT)
Name: Jennifer Eller
Title: Authorized Agent
Date: Sep 15, 2023
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 11 of 20
CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
/�iciLG�zcL�¢u2�m
By:
Name: Dave Lewis
Title: Interim Director
JM
Approved as to Form and Legality:
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By: Lori L Gordon (Sep 15, 2023 17:38 CDT)
Name: Lori Gordon
Title: Landscape Architect Manager
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City Secretary:00,
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4 Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 12 of 20
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AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 13 of 20
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PARK CONCEPT PLAN within the DEVELOPMENT AREA
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 14 of 20
EXHIBIT B
FEE CREDIT AGREEMENT
Dedicate approximately 9.64 acres of land of the required 1.6380 acres, of which approximately 3.51
acres is out of the floodplain, to the City of Fort Worth as a Neighborhood Based Park. The Developer
will also construct the following Neighborhood Based Park amenities:
A City of Fort Worth approved prototype:
Shelter
Play Structure AL
Half -Court Basketball Court with Basketball Standard
Minimum '/4 mile, 6' wide, walking trail
Associated grading to ensure site has positive drainage
Seed or sod to stabilize ark site surface.
Once the Neighborhood Park Land is deeded to the City of Fort Worth a d the Park Improvement
construction is accepted by the City, the Neighborhood Park Lan and Development fees paid will be
returned to the lope
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 15 of 20
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)
Minimum 1/4 mile, 6' wide, walking trail
Associated grading to ensure site has positive drainage
Seed or sod to stabilize park site surface.
Construction documents to be provided to the City of Fort Worth for review and approval before
improvement in�allation.
See following page fo stimate of probable cost
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 16 of 20
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
PRELIMINARY COSTS ESTIMATE
Carrell Hills Conceptual Public Park
City of Fort Worth, Tarrant County, Texas
A. HARDSCAPE IMPROVEMENTS
(fit Unit Descrintion Unit Price
1
1
EA
2
1
EA
3
1
EA
4
3
EA
5
2
EA
6
2
EA
7
2
EA
8
6,750
SF
9
1,620
SF
10
1,205
FF
Playground Equipment (Type 3) with Border,
Drainage, and miscellaneous materials that des:
Structured Ages 2-5 (1 ea); Structured Ag 5-12 (1 ea);
and Swings - Four Seat (1 ea)
24'x24' Pavilion Shelter with Con ad
$195,000.00
$54,900.00
50'x42' Basketball Court with 1 $32,3
6' Picnic Tables $2,500.0
6' Park Benches wi ncrete Slab $2,250.00
Trash Receptacles $1,200.00
Grills $700.00
6'-0" Width Concrete $5.85
5'-0" Width Concrete Sid a (outsi e of R.O.NX". $5.25
Gra ity Retaining Walls (5'-6" max. ht.) $50.00
Total Hardscape Improvements:
B. LANDSCAPE IMPROVEMENTS
Total
$195,000.00
$54,900.00
$32,300.00
$7,500.00
$4,500.00
$2,400.00
$1,400.00
$39,487.50
$8,505.00
$60,250.00
$406,242.50
Qty Unit I qqkf!Description Unit Price Total
Finish Grading, Soil preparation, backf ulch,
1 SF compost, fertilizer, and misc. materials provided by $0.10 $9,410.90
landscape contractor
2 N95,OOO
EA 3" Caliper Shade Trees $550.00 $14,850.00
3 Bermuda Seed_Overcast% $0.17 $16,150.00
Total Landscape Improvements:) $40,410.90
C. IRRIGATION IMPROVEMENTS
Qty Unit Descrintion Unit Price Total
1 95,000 SF Temporary Irrigation System $0.30 $28,500.00
Total Irrigation Improvements: $28,500.00
Grand Total Of All Park Improvements] $475,153.40
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 17 of 20
EXHIBIT D
FEESHEET
FORT W WORTH ESTIMATED FEES -IN -LIEU OF PARKLAND DEDICATION
sAseoorw 2019 NEIGHBORHOOD AND COMMUNITY PARK POLICY
Calendar Year - 2023
PPD NP UNIT CP UNIT COUNCIL DISTRICT
2 5-19 20 3
PLATS Preliminary PP-21-Q77 Submitted: 9/20/21
Final FP-23-034 Submitted; 2/28/23
OUTSIDE
PARK SE RV I CIE DISTRI CT
WEST
1
Single -Family Units:
169
@ 3 Persons per unit
2
Multi -Family Units:
U
@ 2 Persons per unit
Carrell Hills
3
Land Value (per acre)
$100,00.00
FMVA 05/02/2023
4
Population generated:
504
LINE 1 (x 3 persons/unit}- LINE 2 (x 2 personslunit)
LAND COMPONENT
5
Land Dedication Required:)
1.6380 Acres
LINE 4 x 3.25 Acres (per 1,000 Population)
s I
LAND FEE:
$163,800.0
1 LINE 3 x tINE 5
DEVELOPMENT COMPONENT
7
Street Frontage Required:
374 LF
See Notes
NEIGHBORHOOD
s
DEVELOPMENT FEE;
$134,270.14*
LINE S x $81,972 per acre
PARK
9
Street Frontage Cost
$14,384.04
LINE 7 x $38.46 (may change at Final Plat)
10
Water Infrastructure Cost:
$9,937.18
LINE 7 x $26.57 (may change at Final Plat)
11
Sewer Infrastructure Cost:
$1D,988.17
LINE 7 x $29.38 (may change at Final Plat)
12
ConferenceCost;
$3,S36.93
20% of(UNE 9+ LINE10 +UNE 11)
13
Civil Englneering Cast:
$2,471.G5
7% of (LINE 9+ LINE 10 + LINE 21)
14
Design Engineering Cost:
$2,471.65
7% of (LINE 9 + LINE 10 + LINE 21)
15
INFRASTRUCTURE FEE:I
$43,783.57"
I Sum JUNE9thru LINE 14)
LAND COMPONENT
COMMUNITY PARK
I16I
Land DedicationRequired;l
1.8900Acres
I EINE4x3.75Acres(per1,004Population)
I` 17
LAND FEE:
$189,000.00*
1f LINE 3 x LINE 16
TOTAL FEE -IN -LIEU
$530,853.71
I LINE 6+ LINE 15 + LINE 17
highlighted
Fees are invoiced electronically
NOTES
Street Frontage LF required is 3S%ofthe Ilnear
I't
measure of a square area
equal to LINE 5
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 18 of 20
EXHIBIT E
PAYMENT OF FEES IN LIEU OF PARK DEDICATION
Land and improvements for Neighborhood Park will be dedicated to the City of Fort Worth in lieu of
paying Neighborhood fees for the development.
The Community Park fee due for this
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS:
CARRELL HILLS (PP-21-077) 19 of 20
k
CARREL HILLS
Single Family Residentail Subdivision
Total NP
Total
Application
X
Date
Tme Lapse
Total
NP Land Dedication CP Land Dedication Amount equal to NP Development Amount
equal to Cp Fee -in -Lieu -Land
NP Land Dedication
CP Land Dedication
SF Units MFllnits
Units
Renuired[acr.1 Requiredfacresl Land Dedication Fee -In -Lieu
Land Dedication Due
Fees Paid
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Signature: �0. 111`11,17
Email: joel.mcelhany@fortworthtexas.gov
Signature: ?,,,,P
Email: Ronald.Gonzales@fortworthtexas.gov
Signature: �5%AdiaU
Email: allison.tidwell@fortworthtexas.gov