HomeMy WebLinkAboutContract 61574CSC No. 61574
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
PRIMROSE STATION PP-22-030
This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR
PRIMROSE STATION ("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 Jefferson Primrose Land Holdings, LLC, a Delaware limited
liability company ("Developer"), acting by and through its duly authorized representative. City and
Developer are referred to herein individually as a ("Party") and collectively as the ("Parties").
WHEREAS, Developer, or one or more of its affiliates, is constructing the PRIMROSE
STATION ("Development Area"), a mixed -use project in the City of Fort Worth;
WHEREAS, the Development Area is subject to the City's Neighborhood and Community Park
Dedication Policy ("Policy"); 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 Development Area.
NOW, THEREFORE, City and Developer agree as follows:
SECTION 1
BACKGROUND AND PURPOSE
1.1 Developer, or one or more of its affiliates, is constructing, or causing to be constructed, the
Development Area 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, of which a portion is being dedicated as parkland pursuant to this Agreement.
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 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,
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 PRIMROSE STATION (PP-22-030) 1 of 19
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: ❑—Y-e& ® No
2.2 The Development Area is subject to the Central City Park Flat Fee in the amount of N/A -NO
VALUE 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
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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 2 of 19
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 ❑-Ne
3.2 Developer will set aside and dedicate parkland to the City as follows:
3.2.1 Developer will dedicate approximately seven and 01/100 (7.01) acres of total parkland
within the Development Area, which are identified in Exhibit "A" as Neighborhood Based Park. The
required parkland acreage 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 four and 551100
(4.55) 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 Development Services 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 Parkland 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 Parkland, as
indicated by the Policy and based on the Anticipated Construction is: 4.55 ACRES=3.25 x (700 Dwelling
Units) x (2 Persons/Unit)/1000.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 3 of 19
3.4 Community Parkland Dedication: For all areas outside of the Central City, the Policy requires
3.75 acres of Community Parkland dedication per 1,000 population.
3.4.1 The amount of acreage required for dedication as Community Parkland, as indicated by the
Policy and based on the Anticipated Construction is: 5.25 ACRES=3.75 x (700 Dwelling Units) x (2
Persons/Unit)/1000.
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, or the calculation for required
Community Park dedication does not result in at least thirty (30) acres, or either 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 DEVELOPMENT 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 Development Fee in the amount of one
hundred fifty-one thousand, seventy five and 351100 dollars ($151,075.35) 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 (refund): 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. Credits of Neighborhood Based Park Development Fees shall be
issued as a refund to the developer.
4.3.1 If City and Developer have agreed to credits (refund) 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."
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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 4 of 19
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 at least thirty (30) acres, or either 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 ❑14AATE; ® HAVE NOT mutually agreed to the payment of fees
in lieu of Neighborhood Park parkland dedication. whieh is attaehed hereto and ineer-por-a4ed herein by r-efer-enee as if fully set foith herein-.
5.1.2 City and Developer ® HAVE; ❑ HAVE VE 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
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 in substantially similar form as 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.
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, the payment of 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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 5 of 19
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 required by this Agreement ("Financial Guarantee"), as applicable. The
Financial Guarantee must be in an amount sufficiently representative, in Director's discretion, of the fair
market value of the parkland required to be dedicated, the Central City Park Flat Fees or Neighborhood
Based Park Development Fees owed to the City, or the Approved Improvements required for the
Development Area, as applicable. 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, or construct Approved Improvements to parkland required by this Agreement within 48
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) is only to the extent Developer has actually completed the
Anticipated Construction.
SECTION 8
PARK IMPROVEMENTS ON DEDICATED PARKLAND
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 construction, until such time as the City takes
ownership of the parkland and the associated improvements.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 6 of 19
SECTION 9
NOTICES
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:
Jefferson Primrose Land Holdings, LLC
9001 Cypress Waters Blvd. Ste. 2A
Dallas, TX 75019
Attn: Aaron Douthit
with copies to:
Jefferson Primrose Land Holdings, LLC
9001 Cypress Waters Blvd. Ste. 2A
Dallas, TX 75019
Attn: Legal Department
SECTION 10
LIENS AND MORTGAGES
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 or 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 or mortgage within this timeframe 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
This Agreement will be subject to all applicable federal, state, and local laws, ordinances, rules,
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 7 of 19
and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as
amended. Developer must comply with all Park & Recreation Department regulations and policies.
SECTION 12
INTERPRETATION
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
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assigns or successors, and are not intended to create any rights, contractual or
otherwise, to any other person or entity.
SECTION 14
BINDING COVENANTS
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
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
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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 8 of 19
If any of the provisions contained in this Agreement are held, for any reason, to be invalid, illegal,
or unenforceable in any respect, the remainder of the Agreement will be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
SECTION 18
GOVERNMENTAL POWERS
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, which shall be 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 this
section.
SECTION 20
AUDIT
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, provided, however, that any audits performed pursuant to
this Agreement shall be at the City's sole cost and expense and shall not occur more than two (2) times
in any calendar year. 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
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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 9 of 19
22.1 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
22.2 This Agreement may be executed by electronic signature, which will be considered as an original
signature for all purposes and have the same force and effect as an original signature. For these purposes,
"electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file, email, or
facsimile transmission) of an original signature, or signatures electronically inserted via software such as
Adobe Sign.
SECTION 23
SOLE AGREEMENT
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 assigns or successors, 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
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
(INCLUDING ALLEGED DAMAGE OR LOSS TO BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAYRELATE TO,
ARISE OUT OF, OR BE OCCASIONED BY (i) 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
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 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 PRIMROSE STATION (PP-22-030) 10 of 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
By: C>S�'-�
Name: Jesica McEachern
Title: Assistant City Manager
Date:
Developer:
Blake 7-,�vloy-
By: Blake Taylor (May 23, 202417:41 CDT)
Name: Blake Taylor
Title: Senior Vice President
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
Name: Richard Zavala
Title: Director
Department: Park & Recreation
By:
Name: Joel McElhany
Title: Assistant Director
Department: Park & Recreation
Approved as to Form and Legality:
By: /� q
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: 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 ordon (May 23, 202417:25 CDT)
Name: Lori L Gordon
Title: Planning Manager
Department: Park & Recreation
City Secretary:
By:
Name:
Jannette Goodall
Title:
City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 11 of 19
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
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AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 12 of 19
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AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 13 of 19
EXHIBIT B
NEIGHBORHOOD BASED PARK DEVELOPMENT FEE CREDIT (REFUND) AGREEMENT
Developer will dedicate approximately 7.01 acres of land of the required 4.55 acres, of which
approximately 3.51 acres are 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
Minimum 6' wide, walking trail (concrete)-1,987+/- linear feet
Associated grading to ensure site has positive drainage
Seed or sod to stabilize park site surface.
Land and improvements for Neighborhood Based Park will be dedicated to the City of Fort Worth in
lieu of paying Neighborhood Based Park Development fees for the development. To receive refund of
Neighborhood Based Park Development fees, a minimum of one-half (or $276,138.00) of the
Neighborhood Based Park Development cost is to be spent on developing the Neighborhood Park. The
other half ($276,138.00) is to be spent jointly in Multifamily Development (North and South) to receive
refund of fees. Estimate of Probable costs to be provided for each Multifamily Development.
Once the Park Improvements construction is accepted by the City and Neighborhood Parkland is deeded
to the City of Fort Worth, the Neighborhood Park Land and Development fees paid will be returned to
the developer.
EXHIBIT B - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 14 of 19
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
Shelter (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 6' wide, walking trail- (concrete) 1,987 +/-linear feet
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 installation.
See following page for estimate of probable cost
EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 15 of 19
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
ESTIMATE OF PROBABLE COST
rimrose Station - Neighborhood Park
OPINION OF PRMABLE CONSTRUCTION COSTS
if'r ley)#Hor 1
Jftky-hWn aW A&5o rams. Mr-
2W€ag []arts SVeK r3jft- 1 [-D
hUQnRq TX 75W9
eTWct AWy 19WXe. PLr.
11.172M3
N ighborhc�od Park
SITE WORK
I MEN
DESO OPTION
aillANTrrf
UkrT
COST t Ltiffr
TUFALCOST
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a
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yy
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DOOM
5
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2
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k
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Table fl4dayy CdarSLti �tth :, .�i Sii
2
EA
5
3.E03.d�7
5 Z4,4
PUNWr Hm
�71e�� s3= y�{y� rekrraacai a 3u and pWm
1
EA
5
E6.BM.[U
5 65 w
ilansS naNe ji"w ►dedm FT. GiomPiea Fac.Tq
ay
aaxal,.z J4ENRO
3 EA
r 10,DCU.00
5 3D.DJd
FF. WhM ParkFt3a;YyStrOar
BKe
m n.� ,
1 EA
77.09
S T50
71ash, {K�'�L3Cle
(W.- r, .. _ : � ki FF NorM Park Fati'Rfy MnX1dP,t5
2 EA
5 75YJ.CU
?r 1 500
fir.
Pei waste
�k. -c Vkd Jn FT M11"i Perk Faa41`y M uar
S EA
5 757.CU
5 3%. M0
S{19T4YTAL
# 274;,550
SUMMARY OF CONSTRUCTKNi COSTS
'
Nefghborhood Park Total
EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 16 of 19
EXHIBIT D
FEESHEET
�r c)ni
Rau
rSTINtATED FEES -IN -LIEU OF PARKLAND DEDICATION mmg!nOE
asfnay 2019 NEEGHBORHOOD
'
ANDCMMUNITY PAKPOLICY qQw
Calendar
Year- 2022
PPD
NP:1Nrr
{p LRdrr
COUNCILDISTRICT
PARK SEWACEDISTRICT
1
1-15
E1
6 SOUTH
Preliminary
pp_22_030
5+ub�nittad_ 4if1;2027
PLATS
Final
FP
5u1?mittr4= bate
1
Sir-gle-FtmRy Ur;ts:
0
I$ 3 Penars per -unit
Muf&Nmily Ursts:
70D
@ 2Pcaars pervnit
Primrose Station
3
L-2nd Vadua [pei aat�
,695.918
�
FMVA SPY22
A
Papulatian genes-jttd=
119m
i9NE 1 (% 3 pe rsaWunity+LINE 2 [z 2 pecsanslunitj
LAND COMPONENT
5
Land Dediratian Required]
4_5S00 Ar{e I
Lih`E 91 x 3.25 Aac (.per 1,00 Papulsfbanj
Ii
I LAND FEE=
$335r1115.71* I
L%E 3 -c UNE 5
DEVELOPMENT COMPONENT
7
Strert F rarrtage Required
:623 LF
ice Nat es
NEIG14BORHOOD
E
DEVELOPMENT FEE:
$479, 342.50*
UKE 5 x $105,Y50 Pero —cc
PA#gj(
9
Strcet Fmfrtage Cris`
523,960.53
UK 7 x $39-46 (may Change 3t Final Plat)
19
1tlatef Ir-frasauctme Ccu_—
$16,553.12
LINE 7 x $26.57 (rnayr rhanp 3t Final Plat)
11
5ewe- IrLfrasavcrtse Cart—
$18,303.74
LINE 7 x S29.38 (rnayr rhanGe 3t Final Plat)
12
Canference
$5r88i74
IOU aF f-UNF 9 +U NE 10 +LINE 14
13
Cev;l Enbineering Ccc-
$A ,11722
71A of I LI NE 9 + LINE 10 + LINE Itl
14
Desgr. Engineering Lc.—
�4111722
7% of I LI NE 9 +LINE 10 * LINE IEI
14
MIRR STRU IME FEE:
$72r933.61*
SL m WN E 43 thry LI NE M4
LAND COMPONENT
COMMUNITY PAP%
L-nd DedicationRcgainx:l
S.2WO Acres I
LIr;E 4 x 3.75Acres [pes JL000Pap 126m)
1.16
17
LAND FEE_
S155,943,%' I
UNE 3 a LINE-16
TOTAL FEE-IN-LIELP �3; :72
1lW15+tl:NE15-UWE17
* highli�hted
fees are inraiacd elerfrnoi_,t
NOTES
Sleek POVt!St r= rewired is.0%of the lines
ffmmez'e of a square area
EXHIBIT D - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 17 of 19
EXHIBIT E
PAYMENT OF FEES IN LIEU OF COMMUNITY PARKLAND DEDICATION
In lieu of actually dedicating Community Parkland, Developer will pay the City:
$155,903.90.
EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE PRIMROSE STATION (PP-22-030) 18 of 19
Primrose Station Application
Time Lapse
Date
PP-22-030 1/0 /19 DD
FP-23 010 1/0/1900
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Subtotal
Remaining Subtotals
Total NP
Total
Total
NP Land Dedication CP Land Dedication Amount equal to
Development Amount equal to CP Fee -in -Lieu of Land
SF Units MF Units Units
Required (acres) Required (acres) NP Land Dedication
Fee -In -Lieu Land Dedication
Due
Fees Paid
700 700
4.550 5.250 $125,116.71
$552,276.11 $155,903.90
$843,296.72
I
700 700
$0.00
$843,246.72 I
0
$0.00
$0.00 I
D
$0.00
$0.00
D
$0.00
$0.00 I
D
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
C
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00 I
0
$0.00
$0.00
0
$0.00
$0.00 I
I
0.00 700.00 700.00
0.00 0.00 $0,00
$0.00 $0,00
50.00
I
843296.72
D D.000 0
4.55D 5.25D $135,116.71
$552,276.21 $155,903.90
-$843,296.72
$843,296.72