HomeMy WebLinkAboutContract 60268CSC No. 60268
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
WELLINGTON AREA 3 (PP-21-007)
This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR
WELLINGTON AREA 3 ("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, HPC Wellington Nance Development Corporation, a domestic for -profit corporation in
the State of Texas ("Developer HPC"), acting by and through its duly authorized representative, and Pulte Homes
of Texas, L.P, a domestic limited partnership in the State of Texas ("Developer Pulte"), acting by and through its
duly authorized representative. City, Developer HPC, and Developer Pulte are referred to herein individually as a
("Party"), Developer HPC and Developer Pulte are referred to herein collectively as the ("Developers"), and City,
Developer HPC, and Developer Pulte are referred to herein collectively as the ("Parties").
WHEREAS, Developers are constructing the WELLINGTON AREA 3, a single-family residential
subdivision, in the City of Fort Worth; and
WHEREAS, the City and Developers desire to establish a formal written agreement relating to the parkland
dedication improvement requirements, improvement credits and land or improvement refunds related to the
WELLINGTON AREA 3.
NOW THEREFORE, City and Developers agree as follows:
SECTION 1
BACKGROUND AND PURPOSE
1.1 Developers are constructing, or causing to be constructed, the WELLINGTON AREA 3 ("Development
Area") in the City of Fort Worth. The Development Area means the property that is owned by the Developers,
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 Developers are 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 Developers acknowledge that this Agreement is not intended to supersede the Policy; rather,
it is meant to identify certain specific responsibilities and obligations of the Developers and City as they relate to
the Policy. To the extent that the Policy conflicts with the terms agreed to herein by the parties, the Policy shall
govern. The parties acknowledge and understand that the City may, from time -to -time, revise the Policy; therefore,
to the extent that any future Policy revisions impact the terms of this Agreement, the parties will amend this
Agreement accordingly. A failure to amend this Agreement will not render it void; however, any future changes to
the Policy that legally affect the terms of this Agreement will automatically be incorporated and supersede any
conflicting terms stated herein, provided, however, that such changes to the Policy will be only applied on a
prospective, and not retroactive, basis for legally vested rights.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 1 of 20
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 Developers have complied with all of its obligations
under the Policy and this Agreement. Upon complying with all obligations, as required, this Agreement will
terminate automatically, as determined in the absolute discretion of the Director of the City's Park & Recreation
Department or the Director's authorized designee ("Director").
SECTION 2
CENTRAL CITY PARK FLAT FEE
2.1 If the Development Area falls within the Central City (Park Planning District 4) ("PPD 4"), the
Development Area is subject to the Central City Park Flat Fee per each additional residential dwelling unit, based
upon the Development Area's land use in the past five years, in lieu of a land dedication and associated fees. If the
entire Development Area falls outside of PPD 4, then this Section 2 will be of no force or effect.
2.1.1 The Development Area falls within PPD 4: ❑ Yes ® No
2.2 The Development Area is subject to the Central City Park Flat Fee in the amount of NOT APPLICABLE
($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 Developers ❑ 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 Developers have agreed to Central City Park Flat Fee Credits, then the Developers 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 Developers, 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 Developers 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. Developers can satisfy the requirements of the foregoing (i) or (ii) by any
combination of (i) and (ii) above (i.e., Developers 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 2 of 20
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 Developers will set aside and dedicate parkland to the City as follows:
3.2.1 Developers will dedicate approximately 8.37 (Eight and 37/100) acres of total parkland within the
Development Area, which are identified in Exhibit "A" as ONE (1) NEIGHBORHOOD PARK AND THREE (3)
POCKET PARKS for a total of four (4) public parks. 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, Developers 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".
hi 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 8 AND 37/100 acres. The "Anticipated
Construction" means the anticipated scope of development and residential units, per the residential preliminary plat
or multi -family development site plan, as of the Effective Date of this Agreement. Determinations of required
parkland dedication are based upon review of all preliminary subdivision plats submitted through the City's
Planning and Development Department to the Park & Recreation Department. Failure to indicate proposed park
dedications on the submitted preliminary plat is sufficient grounds to deny a concept plan or preliminary plat.
3.2.3 Additional parkland dedication, development fees, and improvements will be required upon
surpassing the Anticipated Construction; whether by preliminary plat, concept plan, or actual construction. If,
however, the Development Parkland is in excess of the amount of parkland required by the Policy, as of the Effective
Date of this Agreement, the City agrees that, in the event Developers develops more than the Anticipated
Construction within the Development Area, City may give Developers 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.
3.3.1 The amount of acreage required for dedication as Neighborhood Based Park Development, as
indicated by the Policy and Anticipated Construction is: 8.3655 acres [3.25 x (858 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: 9.6525 acres [3.75 x (858 Dwelling Units x 3 Persons/Unit]/1000.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 3 of 20
3.5 If the calculation for required Neighborhood Based Park dedication within the Development Area that falls
outside of the Central City results in: less than five (5) acres; the calculation for required Community Park dedication
does not result in thirty (30) acres; or does not meet site selection criteria, as defined in the Policy, the Director may
require a fee -in -lieu of the Neighborhood Based dedication, the Community Parkland dedication, or both, in
accordance with the Policy.
SECTION 4
NEIGHBORHOOD BASED PARK LAND, DEVELOPMENT AND INFRASTRUCTURE FEE
4.1 If the Development Area requires a Neighborhood Based Park, as discussed above, a Neighborhood Based
Park Development Fee is applicable.
4.1.1 The Development Area requires Neighborhood Based Parks: ® Yes ❑ No
4.2 The Developers must pay a Neighborhood Based Park Development Fee in the amount of One hundred
eleven thousand, seven hundred ninety-two and 34/100 dollars ($111,792.34) 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 Developers ® 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 Developers have agreed to credits against the Neighborhood Based Park Development
Fee, then the Developers will expend or cause to be expended the Neighborhood Based Park Development Fee in
construction costs for site development of neighborhood parkland (public and private) to include, but not be limited
to, the Approved Improvements in Exhibit "C".
4.3.2 Developers, 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 Developers and the Director, the Developers 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 Developers ❑ 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 4 of 20
5.1.2 City and Developers ® 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 Developers' 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 Developers 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. Developers 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 Developers as a result of
park improvements made by the Developers and approved by the City as set forth in this Agreement. The Tracking
Log in Exhibit "F" represents the current status of the Development on the date this Agreement is executed.
7.3 If Developers 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 Developers 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 Developers
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 Developers and the Director during construction
of the Development Area to ensure adequate financial guarantee of the Developers' obligations pursuant to this
Agreement.
7.4 City and Developers agree that, if and to the extent Developers 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 Developers 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 Developers, and minus the amount(s) paid by
Developers. For the avoidance of doubt, City and Developers agree that Developers' 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 Developers has actually completed the
Anticipated Construction.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 5 of 20
SECTION 8
PARK IMPROVEMENTS ON DEDICATED PARKLAND
8.1 If Developers desires to construct park improvements on parkland in the Development that has already been
dedicated, and otherwise properly conveyed by deed, to the City, Developers 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 Developers that
will be dedicated to the City in the future, Developers 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:
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 HPC:
HPC Wellington Nance Development Corporation
ATTN: Ben Luedtke
3001 Knox Street, Suite 405
Dallas, Texas 75205-7317
Developer Pulte:
Pulte Homes of Texas, L.P.
ATTN: Marc Zett
9111 Cypress Waters Boulevard, Suite 100
Coppell, Texas 75019
SECTION 10
LIENS AND MORTGAGES
10.1 Developers 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, Developers, at no cost to the City, will liquidate and discharge the same
within thirty (30) days of such creation or filing. Developers' failure to discharge any such purported lien within this
time frame will constitute a breach of this Agreement. Developers' 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 6 of 20
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.
Developers 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 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 Developers, and
any lawful assign or successor of Developers, 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 7 of 20
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 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 Developers 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 Developers
under which the assignee agrees to be bound by the duties and obligations of Developers under this Agreement.
Developers will be liable for all obligations of Developers 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 Developers 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
Developers 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.
Developers will make all Records available to City at Developers' 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, Developers' agent affirms that he or she is authorized by Developers to
execute this Agreement and that all representations made herein with regard to Developers' 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 8 of 20
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 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 Developers, and any lawful assign
and successor of Developers, 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 DEVELOPERS AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
CLAIMS, LA WSUITS, A CTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FORPROPER TY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO BUSINESS AND ANY RESULTING LOST PROFITS) AND/ OR PERSONAL INJURY
(INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i)
DEVELOPERS' BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR
(Y) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPERS,
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 Developers. Any prior or contemporaneous oral or written agreement
that is referenced herein is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 9 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City of Fort Worth: Developer HPC:
HPC Wellington Nance Development Corporation
a�
By: By:
Name: Jesica McEachern Name: Ben Luedtke
Title: Assistant City Manager Title: Executive Vice -President
Date: Oct 16, 2023 Date: Sep 11, 2023
Developer Pulte:
Pulte Homes of Texas, L.P
By: Marc Zett (Sep 11, 202310:35 CDT)
Name: Marc Zett
Title: President
Date: Sep 11, 2023
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: 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
By: and reporting requirements.
Name: Dave Lewis
Title: Interim Director
1
Approved as to Form and Legality:
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: M&C NUMBER
Form 1295: N/A
L01-1` L. 60doh
By: Lori L. Gordon (Sep 11, 2023 11:37 CDT)
Name: Lori Gordon
Title: Landscape Architect Manager
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City Secretary: p �°°°foR0
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By:
Name: Jannette Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 10 of 20
sPw aann L�� PRIMARY NEIGHBORHOOD PARK DEDICATION AREA 720 AC. ® WALKING TRAID O PEN SPACE 22.09AC.
SECONDARY NEIGHBORHOOD PARK DEDICATION AREA
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f ��9 SECONDARY NEIGHBORHOOD PARK DEDICATION AREA
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N f • TOTAL NEIGHBORHOOD PARK DEDICATION AREA 9-15 AC.
EXHIBIT A -A
NEIGHBORHOOD PARK CONCEPT PLAN
VARVOLE INQTH GlLS JI
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AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 12 of 20
EXHIBIT A —A
POCKET PARK CONCEPT PLAN A
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POCKET PARKA (ACTIVE) �
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 13 of 20
EXHIBIT A -A
POCKET PARK CONCEPT PLAN B
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POCKET PAR B (PASSIVE)
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 14 of 20
EXHIBIT A -A
POCKET PARK CONCEPT PLAN C
POCKET PARK C (ACTIVE) O' 20.
a 40
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON AREA 3 (PP-21-007) 15 of 20
EXHIBIT B
FEE CREDIT AGREEMENT
For Main Neighborhood Park and Pocket Parks A, B & C
Dedicate approximately 8.37 acres of land, of which approximately 1.588 acres is out of the floodplain in Park A-
A Neighborhood 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 Developers will construct the following Neighborhood Based Park amenities:
Neighborhood Park A -A
A City of Fort Worth approved prototype: 4*
• 1-Shelter
• 1-Play Structure Prototype from City of Fort Worth facility standards
• 1-Half-Court Basketball Court with Basketball Standard
• 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.
Pocket Park A
A City of Fort Worth approved proto e.
• 1-Play Structure Prototype from City of Fort Worth facility standards (configured to meet site)
Minimum 6' wide, walking trail
Associated grading to ensure site has positive drainage
Seed or sod to stabilize park ')teurface.
Pocket Park B
Minimum 6' wide, walking t
Associated grading to ensures positive age
Seed or sod to stabilize park ace.
Pocket Park C=-
A City. of Fort Worth approved prototype:
• 1-Play Structure Prototype from City of Fort Worth facility standards (configured to meet site)
Minimum 6' wide, walking trail
Associated grading to ensure site has positive drainage
Seed or sod to stabilize pa site surface.
111101
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 Developers 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 Developers.
EXHIBIT B - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON 3 (PP-21-007) 16 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);
• Walking trail, 1/4 mile minimum, 6' wide;
• Associated grading to ensure site has positive drainage; and eed or sod to stabilize park site surface to a
minimum 80% coverage.
EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON 3 (PP-21-007) 17 of 20
EXHIBIT D
FEESHEET
Fou WORTH
OUTSIDE
ESTIMATED FEES -IN -LIEU OF PARKLAND DEDICATION ft�.Lmm,mk
i
BisEDo;y 2019 NEIGHBORHOOD
AND CC70MUNITY PARK POLICY
Calendar
Year - 2021
PPD
NP UNIT
I
CP UNIT
1
COUNCIL DISTRICT
PARK SERVICE DISTRICT
5
-
-
7 NORTH
Preliminary
PP_21_007
Submitted- 2/812021
PLATS
I
I
Final
FP
Submitted,. Date
1
Single-family Unit,;
$58
3 Persons per unit
2
Multi -family Units=
Q
2 Persons per unit
Wellington Aria 3
3
Land Value {per acre)-
$17,995.25
FMVA 4132/21
4
Population generated=
2,574
LINE 1(x 3 personslunit) + LINE 2 (x 2 persomslunitj
LAND COMPONENT
5
Land Dedication Required=l
Um Aems I
LINE 4 x 3.25 Acres {per 1,001) Population)
5
LAND FEE:I
$15D,539.26# I
LINE 3 x LIN C S
DEVELOPMENT COMPONENT
7
Street Frontage Required:
645 LF I
See Notes
NEIGHBORHOOD
R
DEVE LOPMENT FEE :
$695,736.77*
LI WE 5 x $92,972 per acre
PARK
9
Street Frontage Cost,
532.498.70
LINE 7 x $38, 6 {may change at Final Plat)
1D
Water lnfraAructUreCost-,
$22,4S1.65
LINE7x$26-57 Imay change atFinalPlat)
11
Sewer Infrastructure Cost-
524.826.10
LINE 7 x $29.39 (may change at Final Plat)
12
Conference Cost:
$7,977.65
10% of (LINE 9 t LINE 10 + LINE 11)
13
CiviI EngineeringCost
$%584.35
7%uf (11.I14E9 + UNE 10+ LINE 21)
14
Design E ngi neeri ng Cost:
$5,584.35
7%af (11.I14E9 + UNE 10+ LINE 11)
15
INFRASTRUCTURE FEE: $9$,922.80*
Sum {LINE 9 thru LINE 14)
LAND COMPONENT
COMMUNITY PART(
if,
Land DedicationRequired:1
9.6525Acres I
LINE 493.75Acres {per1,001)Pouulatnn)
I` 17
LAND FEE-1
SinA99.15*
LINE 3 x LIN 11G
TOTAL FEE -IN -LIEU
1 $1,108,897.98
1
LINE6+UNE15+LINE17
hlgfrlighted fees ateinvoioed electronically
NOTES
Street Frontage LF required is3S%ofthe linear
measure of a square area equal to LINES
EXHIBIT D - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON 3 (PP-21-007) 18 of 20
EXHIBIT E
PAYMENT OF FEES IN LIEU OF PARK DEDICATION
Neighborhood Park land dedication and improvement are proposed in lieu of Park Dedication fees
Community Park land will be paid with a fee of $173,699.15
EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE WELLINGTON 3 (PP-21-007) 19 of 20
Wellington Area 3 ApplicationTime Lapse
Date
PP-22-007 2/8/2021
FP 1/D/19DO-44,235
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Subtotal
Remaining Subtotals
Total
Total
NIP Land Dedication
CP Land Dedication
Amount equal to
Total NP D+I
Amount equal to
Fee -in -Lieu of Land
SF Units MF Units Units
Required (acres)
Required (acres)
NP Land Dedication
Fee
CP Land Dedication
Due
Fees Paid
858 a 858
8.3655
9.6525
$150,539.26
$784,659.57
$173,699.15
$1,108,897.98
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