HomeMy WebLinkAboutContract 61328CSCO NO. __
Transportation Impact Fee Credit Agreement - CA-23-014 Page 1 of 17
Copper Creek 04/18/2024
TRANSPORTATION IMPACT FEE CREDIT AGREEMENT
THIS TRANSPORTATION IMPACT FEE CREDIT AGREEMENT (the “Agreement”) is
made and entered into effective as of the Effective Date (as defined below), by and among THE CITY OF
FORT WORTH, TEXAS (the “City”), a Texas home rule municipal corporation, and Copper Creek, a
Copper Creek Partners, LP company authorized to do business in Texas (the “Owner”) (the City and the
Owner a ”Party“, and collectively, the ”Parties”).
RECITALS
WHEREAS, the Owner is the owner of approximately 305.93 acres in Tarrant County, Texas, as
described by metes and bounds in Exhibit “A” (the “Property”) located within the corporate boundaries of
the City. A map of the Property showing its location is attached hereto as Exhibit “B”; and
WHEREAS, the Owner desires to proceed with development of the Property as described or
illustrated on the Development Plan, attached hereto as Exhibit “C”, which identifies the on-site and/or
off-site transportation facilities necessary for serving full development of the Property; and
WHEREAS, the City has adopted a Transportation Impact Fee program pursuant to Texas Local
Government Code Chapter 395, codified in City Code Chapter 30, Article VIII, et seq., as amended, under
which impact fees are imposed on new development for impacts to the City’s transportation facilities as a
result of said development; and
WHEREAS, transportation impact fees are collected and must be spent by the City on impact fee
eligible transportation facilities identified within the City’s adopted Transportation Improvements Plan
(“TIP”), as amended, within the service area(s) in which the new development is located; and
WHEREAS, the Impact Fee Program provides for credits against impact fees for dedication of
right-of-way and/or construction of transportation improvements identified as impact fee eligible on the
adopted TIP; and
WHEREAS, the Property is located within service area C; and
WHEREAS, the City has determined the maximum transportation impact fees to be assessed
against new development within service area C to be $1,144 per service unit (vehicle-miles of demand);
and
WHEREAS, certain transportation facilities depicted on Exhibit “D” are identified as impact fee
eligible within the City’s adopted TIP and therefore eligible for impact fee credit; and
WHEREAS, Owner has agreed to dedicate the right-of-way and/or constructed the transportation
improvements shown on Exhibit “D” for which credits against transportation impact fees shall be granted;
and
WHEREAS, the Owner has received preliminary plat approval for Copper Creek, PP-14-040; and
WHEREAS, the Owner has dedicated 258,702.82 square feet of right-of-way for Heritage trace
Parkway with FP-17-152, recorded as Instrument D21637977, March 15, 2019; and with FP-20-071,
recorded as Instrument D221197663, July 9, 2021; and
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WHEREAS, the Owner has received approval for construction plans CPN 101457 (IPRC20-
0053/CPN 102731), and executed a Community Facilities Agreement (CFA18-0033 & CFA20-0089), and
obtained final acceptance by the City for Copper Creek, City Project Number 101457 and City Project
Number 102731.
NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions contained herein, and other good and valuable consideration, the City and the Owner hereby
covenant and agree as follows:
1. Recitals. The recitals contained in this Agreement are true and correct as of the Effective
Date and form the basis upon which the Parties negotiated and entered into this Agreement.
2. Transportation Improvements. Owner agrees to dedicate the rights-of-way for and/or
construct the system facilities identified in Exhibit “D”. For any transportation improvement which has
been previously dedicated or constructed by Owner on the Property and accepted by the City prior to
execution of this Agreement, the improvement shall be identified as completed on Exhibit “D”.
3. Credits. The Parties agree that the estimated value of the credits for each transportation
improvement, expressed in current dollars, shall be as set forth in Exhibit “E”. The value of credits
associated with the improvements first shall be reduced by the Schedule 2 impact fee associated with any
lot for which a building permit has previously been issued, and the net value of credits shown on Exhibit
“E” shall be considered as exact.
4. Phasing. The Parties acknowledge that, where it is anticipated that the project will be
developed in phases, the anticipated construction of improvements by phase shall be as depicted in Exhibit
“D”, which is attached hereto and incorporated herein by reference.
5. Allocation of Credits by Phase. The general allocation of credits to each phase of the
development shall be as shown on Exhibit “F”, which is attached hereto and incorporated herein by
reference. The Parties agree that the credits identified in this Agreement shall not be deemed to have been
created until the system facility for which credit is to be granted has been dedicated and accepted (in the
case of right-of-way) or constructed through an executed Community Facilities Agreement and final
acceptance by the City has been obtained. The Parties further agree that, prior to the application of a credit
against transportation impact fees otherwise due for any unit of development; the following events shall
take place:
(a) The number of credits resulting from such improvement has been valued; and
(b) Concurrent with final plat approval, a credit allocation shall be provided by the
developer for the phase of development to which the credit is to be applied, which allocation may either
assign the credit, expressed in dollars, to each finally platted lot or may create a credit-pool to be utilized
by that phase of development.
6. Term and Effective Date. The term of this Agreement shall be ten (10) years from its
Effective Date.
7. Assignment. Owner shall have the right to assign this Agreement to any person or entity
(“Owner’s Assignee”) with the written consent of the City, provided: (a) the assignment is in writing
executed by the Owner and its assignee; and (b) the assignment incorporates this Agreement by reference
and binds the Owner’s Assignee to perform (to the extent of the obligations assigned) in accordance with
this Agreement. Each Owner’s Assignee shall become a Party to this Agreement upon the execution of
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such assignment. In no event may this Agreement be construed to authorize assignment of any credits
attributable to a system facility to be dedicated or constructed hereunder for use outside the boundaries of
the Property.
8. Amendment. This Agreement shall not be modified or amended except as follows:
(a) Any amendment or modification to this Agreement or any Exhibit or schedule hereto shall
be in writing and signed by the Parties.
(b) Any revision, amendment, or modification to this Agreement, the Development Plan, or
any Exhibit or schedule thereto, shall become effective on the date executed by the Parties
or, as applicable, upon the date of approval by the City Council or designated city official.
9. Exhibits. The exhibits attached to this Agreement are incorporated as part of this
Agreement for all purposes as if set forth in full in the body of this Agreement.
(Remainder of Page Intentionally Left Blank)
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IN WITNESS WHEREOF , the undersigned parties have executed this Agreement to be effective
as of the date subscribed by the City’s Assistant City Manager.
CITY OF FORT WORTH, TEXAS
_______________________________
Dana Burghdoff
Assistant City Manager
Date:
Recommended By:
DJ Harrell
Director, Development Services
Approved as to Form and Legality:
Douglas Black
Assistant City Attorney
M&C: None required
Form 1295: None required
ATTEST:
Jannette Goodall
City Secretary
OWNER
Copper Creek Partners, LP
a Texas limited partnership
By: TA GP, LLC
a Delware limited liability company,
its General Partner
John D. Hutchinson
President
City 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.
Tanya M. Boyce
Planning Manager
Development Services Department
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EXHIBIT LIST
“A” Description of the Property
“B” Map of Property
“C” Development Plan
“D” Eligible Transportation Improvements
“E” Credits Against Transportation Impact Fees
“F” Allocation of Credits
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EXHIBIT A
Description of Property
BEING a tract of land situated in the George Matthews Survey, Abstract No. 1078, City of Fort Worth,
Tarrant County, Texas, being all of Tract 1 and Tract 2 as described in deed to Copper Creek Partners,
LP, recorded in D214240320, Official Public Records, Tarrant County, Texas (OPRTCT), being all of
Tract One and Tract Two as described in deed to Copper Creek 232 Holdings, LP, recorded in
D214241317, OPRTCT, being all of a 5.439 acre tract of land as described in deed to Copper Creek 232
Holdings, LP, recorded in D217165326, OPRTCT, being all of the final plat of Copper Creek (Phase I),
an addition to the City of Fort Worth, Tarrant County, Texas as recorded in D216137977, OPRTCT, and
being more particularly described as follows:
BEGINNING at a 1/2" rebar capped Goodwin & Marshall set (hereafter referred to as 1/2" rebar capped
set) at the intersection of the west right-of-way line of Blue Mound Road - F.M. Highway No. 156
(variable width R.O.W.) and the south right-of-way line of Copper Crossing Drive (80' R.O.W.), being
the northeast corner of Lot 1X, Block RR of the final plat of Copper Creek (Phase I), an addition to the
City of Fort Worth, Tarrant County, Texas as recorded in D216137977, OPRTCT;
THENCE S 00 23'44" E, along the west right-of-way line of said Blue Mound Road, a distance of 50.00
feet to a 1/2" rebar capped set at the southeast corner of said Lot 1X, Block RR and the most easterly
northeast corner of Commercial Tract 4 South as described in deed to Habar Texas, Inc., recorded in
D217106702, OPRTCT;
THENCE departing the west line of said Blue Mound Road, along reentrant lines of said Copper Creek
(Phase I) and the north line of said Commercial Tract 4 South, as follows:
S 89 36'16" W, a distance of 65.00 feet to a 1/2" rebar capped set;
N 00 23'44" W, a distance of 20.00 feet to a 1/2" rebar capped set;
S 89 36'16" W, a distance of 85.00 feet to a 1/2" rebar capped set;
N 00 23'44" W, a distance of 30.00 feet to a 1/2" rebar capped set in the south right-of-way line
of said Copper Crossing Drive (R.O.W. varies);
N 84 06'01" W, along the south right-of-way line of said Copper Crossing Drive, a distance of
91.20 feet to a 1/2" rebar capped set;
S 00 23'44" E, departing the south line of said Copper Crossing Drive, a distance of 50.00 feet to
a 1/2" rebar capped set;
S 89 36'16" W, a distance of 208.55 feet to a 1/2" rebar capped set at a reentrant corner of Lot
74X, Block A of said Copper Creek (Phase I) and the most westerly northwest corner of said
Commercial Tract 4 South;
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THENCE S 09 04'54" E, along a reentrant line of said Lot 74X, Block A and the west line of said
Commercial Tract 4 South, a distance of 723.35 feet to a 1/2" rebar capped set at the most southerly
southeast corner of said Lot 74X, Block A and the southwest corner of said Commercial Tract 4 South,
said point lying in the north line of a tract of land as described in deed to the City of Fort Worth, recorded
in D211178582, OPRTCT;
THENCE S 89 36'16" W, along the south line of said Lot 74X, Block A and the north line of said City of
Fort Worth tract, at a distance of 218.38 feet passing the southwest corner of said Lot 74X, Block A,
thereafter continuing along the south line of said Copper Creek 232 Holdings Tract One and the north line
of said City of Fort Worth tract, a total distance of 3667.05 feet to a 1/2" rebar found in the east line of
the G.C. & S.F. Railway R-O-W (variable width right-of-way, G.C. & S.F. Railway Company, Volume
44, Page 395 & B.N. & S.F. Railway Company, Volume 12734, Page 680, DRTCT), at the southwest
corner of said Copper Creek 232 Holdings Tract One and the northwest corner of said City of Fort Worth
tract;
THENCE N 01 09'23" E, along the east line of said G.C. & S.F. Railway R-O-W and the west line of said
Copper Creek 232 Holdings Tract One, at a distance of 938.32 feet passing the southwest corner of said
Copper Creek 232 Holdings 5.439 acre tract, continuing along the east line of said G.C. & S.F. Railway
R-O-W and the west line of said Copper Creek 232 Holdings 5.439 acre tract, at a distance of 1564.90
feet passing the northwest corner of said Copper Creek 232 Holdings 5.439 acre tract, continuing along
the east line of said G.C. & S.F. Railway R-O-W and the west line of said Copper Creek 232 Holdings
Tract One, a total distance of 4964.94 feet to a 1" steel pipe found at the northwest corner of said Copper
Creek 232 Holdings Tract One and the southwest corner of a called 195.451 acre tract of land as
described in deed to Knox Street Partners No. 7, LTD., recorded in D214045931, OPRTCT;
THENCE N 89 41'04" E, departing the east line of said G.C. & S.F. Railway R-O-W, along the north line
of said Copper Creek 232 Holdings Tract One, the south line of said called 195.451 acre tract, and the
south line of Richmond Addition, an addition to the City of Fort Worth, Tarrant County, Texas as
recorded in D216055080, OPRTCT, a distance of 1568.99 feet to a 1/2" rebar capped Goodwin &
Marshall set at the northeast corner of said Copper Creek 232 Holdings Tract One and the northwest
corner of Lot 42X, Block K of the final plat of Liberty Crossing (Phase 2 ), an addition to the City of Fort
Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 10884, Plat Records, Tarrant County,
Texas;
THENCE departing the south line of said Richmond Addition, along the west line of said Liberty
Crossing (Phase 2), as follows:
S 00 18'56" E, a distance of 525.67 feet;
S 10 08'08" E, a distance of 488.09 feet to a 1/2" rebar capped Goodwin & Marshall set at the
northeast corner of Lot 72X, Block II of said Copper Creek (Phase I);
THENCE along the easterly line of said Copper Creek (Phase I) and the westerly line of said Liberty
Crossing (Phase 2), as follows:
S 34 26'53" E, a distance of 762.33 feet;
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S 49 56'52" E, at a distance of 317.95 feet passing a 1/2" rebar capped set at the most southerly
corner of Lot 42X, Block K of Liberty Crossing (Phase 2) and the northerly right-of-way line of
Heritage Trace Parkway (130' R.O.W.), continuing a total distance of 382.95 feet to a point in the
centerline of said Heritage Trace Parkway at the most southerly corner of the final plat of said
Liberty Crossing (Phase 2), said point lying in the north line of the final plat of Liberty Crossing
(Phase 1), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A,
Slide 9415, Plat Record, Tarrant County, Texas;
THENCE S 40 03'08" W, along the centerline of said Heritage Trace Parkway, a distance of 112.34 feet
to the northwest corner of the final plat of said Liberty Crossing (Phase 1);
THENCE along the line common to said Copper Creek (Phase I) and said Liberty Crossing (Phase 1), as
follows:
S 49 56'52" E, at a distance of 65.00 feet passing the southerly right-of-way line of said Heritage
Trace Parkway, continuing a total distance of 180.00 feet to a 1/2" rebar capped set in the
northerly line of Comanche Ridge Drive (50' R.O.W.);
S 40 03'08" W, along the northerly line of said Comanche Ridge Drive, a distance of 21.65 feet
to a 1/2" rebar found at the beginning of a non-tangent curve to the left, having a radius of 50.00
feet;
Southwesterly, along said Comanche Ridge Drive R.O.W. and said curve, having a central angle
of 235 27'18", an arc distance of 205.47 feet, and a chord that bears
S 12 19'29" W, 88.52 feet to a 1/2" rebar found;
S 49 56'52" E, departing said Comanche Ridge Drive R.O.W., non-tangent to said curve, a
distance of 137.13 feet to a 1/2" rebar capped set;
S 55 21'08" W, a distance of 52.00 feet to a 1/2" rebar capped set;
S 34 38'52" E, a distance of 115.00 feet a 1/2" rebar found;
S 80 49'20" E, a distance of 22.21 feet to a 1/2" rebar capped set in the westerly line of Oldwest
Trail R.O.W., said point lying in a curve to the left radial to said line, having a radius of 50.00
feet;
Southeasterly, along said Oldwest Trail R.O.W. and said curve, having a central angle of 189 30'26", an
arc distance of 165.38 feet, and a chord that bears S 85 34'33" E, 99.66 feet to a 1/2" rebar capped set;
S 44 18'11" E, departing said Oldwest Trail R.O.W., non-tangent to said curve, a distance of
484.48 feet to a 1/2" rebar capped set;
S 21 51'59" E, a distance of 45.85 feet to a 1/2" rebar capped set;
S 00 34'19" W, a distance of 148.05 feet to a 1/2" rebar capped set;
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S 17 56'37" W, a distance of 52.66 feet to a 1/2" rebar capped set;
S 08 15'34" W, a distance of 86.27 feet to a 1/2" rebar found;
S 37 23'32" E, a distance of 200.51 feet to a 1/2" rebar capped set;
S 69 22'20" E, a distance of 174.66 feet to a 1/2" rebar capped set at the most southerly corner of
said Liberty Crossing (Phase 1);
N 44 16'36" E, a distance of 137.35 feet to a 1/2" rebar capped set;
N 12 10'06" W, a distance of 197.77 feet to a 1/2" rebar capped set at the southwest corner of Lot
80X, Block E of said Liberty Crossing (Phase 1);
S 89 47'52" E, a distance of 168.02 feet to a 1/2" rebar capped set in the south line of said 80X,
Block E, being the most easterly northeast corner of Lot 48X, Block E of said Copper Creek
(Phase I) and an angle point in the west line of Commercial Tract 4 North as described in deed to
Habar Texas, Inc., recorded in D217106702, OPRTCT;
THENCE departing the south line of said Lot 80X, Block E of Liberty Crossing (Phase 1), along the east
line of said Lot 48X, Block E of Copper Creek (Phase I) and the west line of said Commercial Tract 4
North, as follows:
S 08 09'44" W, a distance of 796.07 feet;
S 09 04'54" E, a distance of 276.33 feet to a 1/2" rebar capped set at a reentrant corner of said Lot
48X, Block E of Copper Creek (Phase I) and the most westerly southwest corner of said
Commercial Tract 4 North;
THENCE along reentrant lines of said Copper Creek (Phase I) and the south line of said Commercial
Tract 4 North, as follows:
N 89 36'16" E, a distance of 232.99 feet to a 1/2" rebar capped set;
S 00 23'44" E, a distance of 50.00 feet to a 1/2" rebar capped set in the north right-of-way line of
aforementioned Copper Crossing Drive (R.O.W. varies);
N 83 18'33" E, along the north right-of-way line of said Copper Crossing Drive, a distance of
91.20 feet to a 1/2" rebar capped set;
N 00 23'44" W, departing the north line of said Copper Crossing Drive, a distance of 30.00 feet
to a 1/2" rebar capped set;
N 89 36'16" E, a distance of 85.00 feet to a 1/2" rebar capped set;
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N 00 23'44" W, a distance of 20.00 feet to a 1/2" rebar capped set;
N 89 36'16" E, a distance of 65.00 feet to a 1/2" rebar capped set in the west right-of-way line of
aforementioned Blue Mound Road at the northeast corner of Lot 2X, Block RR of said Copper
Creek (Phase I) and the most easterly southeast corner of said Commercial Tract 4 North;
THENCE S 00 23'44" E, along the west right-of-way line of said Blue Mound Road, at a distance of
50.00 feet passing the southeast corner of said Lot 2X, Block RR and the intersection of the west right-of-
way line of said Blue Mound Road and the north right-of-way line of said Copper Crossing Drive,
continuing a total distance of 130.00 feet to the POINT OF BEGINNING and containing 13,326,298
square feet or 305.930 acres of land.
NOTE:
Bearings are referenced to Texas State Plane Coordinate System, North Central Zone, NAD83 as derived
from Western Data Systems RTK Cooperative Network.
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EXHIBIT B
Map of Property- FP-17-152
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EXHIBIT B
Map of Property- FP-20-071
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EXHIBIT C
Development Plan
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EXHIBIT D
Transportation Improvements
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EXHIBIT E
Credits Against Transportation Impact Fees
Copper Creek
Transportation Impact Fee Credit Overview
Value of ROW
Dedication
Instrument # Final Plat # Eligible Arterial Value
D21637977 FP-17-152 Heritage Trace Parkway $ 997,354.14
D221197663 FP-20-071 Heritage Trace Parkway $ 36,107.76
Total ROW Transportation Impact Fee Credit $1,033,461.89
Value of Community Facilities Agreement Construction
City Secretary # CFA # Eligible Arterial Value
51224 CFA18-0033 Copper Creek $ 170,031.00
54645 CFA20-0089 Copper Creek $ 1,240,277.64
Total Community Facilities Agreement Credit $1,410,308.64
Total Transportation Impact Fee Credit $2,443,770.53
Transportation Impact Fee Credit Applied to Date Value
Building Permits 11 $ 31,232.28
Total Transportation Impact Fee Credit Applied to Date $31,232.28
Net Transportation Impact Fee Credit Remaining $2,412,538.25
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Right-of-Way Valuation for Copper Creek
Valuation Method 1 - Percentage of TIP Project Cost
Eligible Arterial Heritage Trace Heritage Trace
2017 Transportation Improvements Plan Project Number C-13 C-13
Estimated Construction Costs from 2017 Transportation
Improvements Plan
$658,000 $658,000
Value of Total Project Right-of-Way (20% of
Construction Cost)
$131,600 $131,600
Total Project Length (LF) 1890 $1,890
Arterial Cross-Section Width (LF) 130 $130
Additional ROW needed for Roundabout (SF) 0 $0
Total Project Right-of-Way (SF) 245700 245,700
Right-of-Way Value Per Square Foot $0.54 $0.54
Valuation Method 2 - Percentage of Construction
Project Cost
Eligible Arterial Heritage Trace Heritage Trace
City Project Number 101457 102731
Construction Costs for CPN 101457 $2,352,095.00 $1,118,063.00
Value of Total Project Right-of-Way (20% of
Construction Cost)
$470,419 $223,613
Total Project Length (LF) 1890 1890
Arterial Cross-Section Width (LF) 130 130
Additional ROW needed for Roundabout (SF)0 0
Total Project Right-of-Way (SF) 245,700 245,700
Right-of-Way Value Per Square Foot $1.92 $0.92
Valuation Method 3 - TAD appraised value
TAD Value as of 08/9/2023 Heritage Trace Heritage Trace
TAD Account 42209551 42209551
Total Area (SF) 1,074,234 1,074,234
Appraised Value $1.00 $1.00
Value per Square Foot $0.01 $0.01
Right-of-Way Dedication
Heritage Trace Heritage Trace
Recording Instrument Number D21637977 D221197663
Final Plat Number FP-17-152 FP-20-071
Recording Date $43,542 $44,386
Total area of ROW dedicated (SF) $519,455 $39,248
Value per SF $1.92 $0.92
ROW Credit Available $997,354.14 $36,107.76
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EXHIBIT F
Allocation of Credits
First-Come/First Serve within the boundaries of PP-14-040