HomeMy WebLinkAboutContract 61720CSC No. 61720
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
VISTA WEST II (PP-21-021)
This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR VISTA
WEST II ("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
LGI Homes -Texas, LLC, at Texas 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 is constructing the Vista West II in the City of Fort Worth; and
WHEREAS, the City and Developer desire to establish a formal written agreement relating to the parkland
dedication and improvement requirements, improvement credits, and land or improvement refunds related to the
Vista West II.
NOW THEREFORE, City and Developer agree as follows:
SECTION 1
BACKGROUND AND PURPOSE
1.1 Developer is constructing, or causing to be constructed, the Vista West II ("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" — Development Area and Park Concept Plan, attached hereto and incorporated
herein by reference.
1.2 New residential development, or an increase in density by redevelopment in existing neighborhoods, creates
the need for additional park and recreation facilities. The City's Neighborhood and Community Park Dedication
Policy ("Policy") governs the park dedication and improvement requirements in the City. The Policy is a City
regulation adopted by public ordinance, and Developer is on notice of its contents. The Policy is incorporated herein
by this specific reference as if fully set forth herein. The construction of the Development Area creates the need for
additional parkland in the City and, therefore, is subject to the Policy.
1.3 The City and Developer acknowledge that this Agreement is not intended to supersede the Policy; rather,
it is meant to identify certain specific responsibilities and obligations of the Developer and City as they relate to the
Policy. To the extent that the Policy conflicts with the terms agreed to herein by the parties, the Policy shall govern.
The parties acknowledge and understand that the City may, from time -to -time, revise the Policy; therefore, to the
extent that any future Policy revisions impact the terms of this Agreement, the parties will amend this Agreement
accordingly. A failure to amend this Agreement will not render it void; however, any future changes to the Policy
that legally affect the terms of this Agreement will automatically be incorporated and supersede any conflicting
terms stated herein, provided, however, that such changes to the Policy will be only applied on a prospective, and
not retroactive, basis for legally vested rights.
1.4 This Agreement is effective on the date signed by the Assistant City Manager as evidenced on the signature
page ("Effective Date") and remains in effect until the date the Developer has complied with all of its obligations
under the Policy and this Agreement. Upon complying with all obligations, as required, this Agreement will
terminate automatically, as determined in the absolute discretion of the Director of the City's Park & Recreation
Department or the Director's authorized designee ("Director").
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) I of 19
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: E 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 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 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 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 DNe
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 2 of 19
3.2 Developer will set aside and dedicate parkland to the City as follows:
3.2.1 Developer will dedicate approximately 13.5 acres of total parkland within the Development Area,
which are identified in Exhibit "A" - Development Area and Park Concevt Plan as Neighborhood Park. The required
parkland dedication is further described in the applicable fee sheet for the Development Area, which is attached to
this Agreement as Exhibit "D" and incorporated herein by this reference. Said acreage is referred to herein as the
"Development Parkland."
3.2.2 However, Developer may, upon prior written approval of the Director, identify other land, not
otherwise identified on Exhibit "A." as land to be dedicated to the City rather than that described on Exhibit "A."
In no event will such land be less than the minimum requirement set forth in the Policy. The Policy minimum, based
upon the Anticipated Construction of the Development Area, is 12 and 47/100 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
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, final plat, or actual construction. If, however,
the Development Parkland is in excess of the amount of parkland required by the Policy, as of the Effective Date
of this Agreement, the City agrees that, in the event Developer develops more than the Anticipated Construction
within the Development Area, City may give Developer credit toward any additional Development Parkland
dedication requirements for development in excess of the Anticipated Construction up to the maximum amount
allowed under the Policy. The decision to grant any such credit is subject to the absolute discretion of the Director.
3.3 Neighborhood Based Park Dedication: For all areas outside of the Central City, the Policy requires 3.25
acres of Neighborhood Based Park dedication per 1,000 population.
3.3.1 The amount of acreage required for dedication as Neighborhood Based Park Development, as
indicated by the Policy and based on the Anticipated Construction is: 12.47 acres [3.25 x (1279 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
based on the Anticipated Construction is: 14.39 acres [3.75 x (1279 Dwelling Units) x (3 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.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 3 of 19
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 D No
4.2 The Developer must pay a Neighborhood Based Park Development Fee (a combination of Land,
Development, and Infrastructure fees) in the amount of One hundred seventeen thousand, five hundred ten dollars
and 8/100 ($117,510.08) for each acre of neighborhood based parkland required to be dedicated for the
Development Area, as established in the version of the Policy in effect as of the effective date of this Agreement.
The Neighborhood Based Park Development Fee is based on the guidelines of the Policy and may be
administratively adjusted by the Director up to the annual amount of the change in the Consumer Price Index. In
accordance with the Policy, the fee must be paid to the City prior to the issuance of final platting for the
Development Area.
4.3 Neighborhood Based Park Development Fee Credits: City and Developer ® HAVE; ❑ PAVE V
mutually agreed to credits against the Neighborhood Based Park Development Fee. The terms of such credits, if
any, are more particularly described in Exhibit `B," which is attached hereto and incorporated herein for all
purposes.
4.3.1 If City and Developer have agreed to credits against the Neighborhood Based Park Development
Fee, then the Developer will expend or cause to be expended the Neighborhood Based Park Development Fee in
construction costs for site development of neighborhood parkland (public and private) to include, but not be limited
to, the Approved Improvements in Exhibit "C."
4.3.2 Developer, for any fee remaining after any and all credits, must pay the full amount due to the City
prior to issuance of the final plat and seek reimbursement thereafter, unless otherwise agreed to in writing. Failure
to pay any fee due to City will be sufficient cause to deny the final plat. Otherwise, if mutually agreed, in writing,
between the Developer and the Director, the Developer may choose to develop the park site prior to final plat
approval in lieu of submitting the Neighborhood Based Park Development Fee. The requirements for such an
agreement are further detailed in the Policy.
SECTION 5
PAYMENT OF FEES IN LIEU OF PARKLAND DEDICATION
5.1 If the calculation for required Neighborhood Based Parkland dedication within the proposed Development
Area results in less than five (5) acres, or the calculation for required Community Park dedication does not result in
at least thirty (30) acres or does not meet site selection criteria as per the Policy, the Director may recommend that
a fee -in -lieu of the Neighborhood Based dedication, the Community Parkland dedication, or both, be required.
5.1.1 City and Developer n�; ® HAVE NOT mutually agreed to the payment of fees in lieu of
Neighborhood Park parkland dedication. Said agreement is more fully described in Exhibit "E," which is attached
hereto and incorporated herein by reference as if fully set forth herein.
5.1.2 City and Developer ® HAVE; n H n A LE NOT mutually agreed to the payment of fees in lieu of
Community Park parkland dedication. Said agreement is more fully described in Exhibit " B," which is attached
hereto and incorporated herein by reference as if fully set forth herein.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 4 of 19
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 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, Central
City Park Flat Fees or Neighborhood Based Park Development Fees owed to the City, or 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 12 months after issuance of the final plat
that requires park dedication, payment of fees, or construction of improvements, respectively, then Developer will
pay the City an amount equal to the difference of the required Central City Park Flat Fees and Neighborhood Based
Park Development Fees set forth on the most recent Tracking Log, minus the amount of Central City Park Flat Fees
and Neighborhood Based Park Development Fee actually expended by Developer, and minus the amount(s) paid
by Developer. For the avoidance of doubt, City and Developer agree that Developer's obligation to expend or cause
to be expended the Central City Park Flat Fee or the Neighborhood Based Park Development Fee (and/or make the
payments specified in Sections 3.5) is only to the extent Developer has actually completed the Anticipated
Construction.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 5 of 19
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.
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 of Fort Worth
Attn: City Attorney's Office
100 Fort Worth Trail
Fort Worth, Texas 76102
City of Fort Worth
Attn: City Manager's Office
100 Fort Worth Trail
Fort Worth, Texas 76102
Developer:
LGI Homes -Texas, LLC
1450 Lake Robbins Drive, Suite 430
The Woodlands, Texas 77380
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
time frame will constitute a breach of this Agreement. Developer's financial obligation to the City to liquidate and
discharge such lien or mortgage will continue in effect following termination or expiration of this Agreement and until
such a time as the lien or mortgage is discharged.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 6 of 19
SECTION 11
COMPLIANCE WITH LAW AND POLICIES
This Agreement will be subject to all applicable federal, state, and local laws, ordinances, rules, and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended.
Developer must comply with all Park & Recreation Department regulations and policies.
SECTION 12
INTERPRETATION
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.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 7 of 19
SECTION 17
SEVERABILITY
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
It is understood that by execution of this Agreement, the City does not waive or surrender any of its
governmental powers or immunities.
SECTION 19
AMENDMENTS AND ASSIGNMENTS
19.1 This Agreement cannot be modified or amended without the written consent of all the parties hereto, 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.
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.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 8 of 19
SECTION 22
COUNTERPARTS AND ELECTRONIC SIGNATURES
22.1 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all
of which together will constitute one and the same instrument.
22.2 This Agreement may be executed by electronic signature, which will be considered as an original signature
for all purposes and have the same force and effect as an original signature. For these purposes, "electronic
signature" means electronically scanned and transmitted versions (e.g. via pdf file, 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
and 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 FORPROPERTYDAMAGE 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)
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]
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 9 of 19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
By: C��
Jesica McEachern
Assistant City Manager
Date:
LGI HOMES -TEXAS, LLC:
By:
Elaine Torres
Officer
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
APPROVAL RECOMMENDED:
By:
Richard Zavala, Director
Park & Recreation Department
By:
Joel McElhany, RLA
Assistant Director
Park & Recreation Department
APPROVED AS TO FORM AND
LEGALITY:
By: 1`7 q
Trey Qualls
Assistant City Attorney
Contract Authorization:
M&C: N/A
Form 1295: N/A
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: Lon'Gordon (May 24, 202415:44 CDT)
Lori Gordon, RLA
Planning Manager
Park & Recreation Department
CITY SECRETARY:
A s
By:
Jannette Goodall
City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 10 of 19
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EXHIBIT A
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PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 11 of 19
EXHIBIT A
PARK CONCEPT PLAN
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PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021)
12 of 19
EXHIBIT B
FEE CREDIT AGREEMENT
For Neighborhood Park
Dedicate approximately 13.5 acres of land of the required 12.4703 acres —of which approximately 3.117 acres is
out of the floodplain in the park, and 1/3 of each park has grades of 2% or less per the adopted 2015 Park, Recreation,
and Open Space Master Plan —to the City of Fort Worth as a Neighborhood Based Park.
The Developer will construct the following Neighborhood Based Park amenities:
• A City of Fort Worth approved prototype:
o Shelter;
o Play Structure;
o Half -Court Basketball Court with Basketball Standard; and
o Baseball backstop;
• Minimum 1/4 mile, 6' wide, walking trail;
• Associated grading to insure site has positive drainage; and
• Seed or sod to stabilize park site surface.
No drainage structures will be permitted on City of Fort Worth parkland unless related specifically to the park
development. No development detention ponds or outfall structures will be accepted. If proposed, alternate
parkland solutions from the developer are to be presented.
Once the Neighborhood Park land is deeded to the City of Fort Worth and the Park improvement construction is
accepted by the City, the Neighborhood Parkland and Development fees paid will be returned to the developer.
For Community Park
Fee in lieu will be paid.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 13 of 19
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
• Picnic Shelter (City of Fort Worth approved prototype);
• Playground Structure (City of Fort Worth approved prototype);
• Half -Court Multi -Use Slab Basketball Backboard and Goal (City of Fort Worth approved prototype);
• Baseball Backstop and Field (City of Fort Worth approved prototype);
• Walking trail (0.25 mile minimum length and 6 foot wide);
• Associated grading to ensure site has positive drainage; and
• Seed or sod to stabilize park site surface to a minimum 80% coverage.
See following page for estimate of probable cost.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 14 of 19
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
ESTIMATE OF PROBABLE COSTS
Preliminary Cast Estimate
RE: Vista Park West II
City of Fort Worth, Tarrant County, Texas
A. Vista Park. West Improvements - Phase 1
Qty
Unit
IDescrintion
Unit Price
Total
1
LS
Final. Grading
$28,500.00
$28,500.00
1
LS
Utility Connections and Drauiage
$'?'1,500.00
10,136
SF
Parkuig Lot
$12.00
121,87-1.00
1
LS
Park Gazebo Shade Stramue
$90,000.00
590,000.00
6,438
SF
6'-0" Width Concrete Sidewalk-
$775
549,894.50
8,660
SF
Y-0"'Width Concrete Sidewalk-
$7.75
S6,,115.00
7
E.),
Barrier Free Ramps
$1,350.00
$9450.00
15
LF
Variable Height Retaining Wan
$ 7 5.00
$1,8,5.00
60
LF
?aDA Handrail
$58.00
$3,480.00
1
LS
Plargrowid Egt6pment i,-Allowance)
$300,OW.00
$300'".00
1
LS
Picbleball C mut and Fencing
$150,000.00
$150,000.00
1
LS
Site Lighting
$45,000.00
$45,000.00
9
FLk
Parr Bench
$950.00
$8,550.00
3
E_),
Picnic Tables
$4,468.00
$13,404.00
1
LS
Basket Ball Cotut -,-6th Goal
$45,000.00
$45,g0O.00
3
E_t,
Trash Receptacle
$ 7 50.00
$1,?50.00
50
E_t,
3" Caliper Shade Tree (Species TBD)
$585.00
$'?9,?50.00
9
EA
?" Caliper Shade Tree (Species TBD)
$425.00
$3,825.00
300
SF
Shrubs and Grotuideover Planting
$12.00
$3,600.00
.Species and Sizes TBD)
64,385
SF
Condon Bermuda Solid Sod
$0.56
$36,055.60
64,685
SF
Complete Iuation System
$0.80
$31,?48.�DID
JTotal•
Vista Park. West Improvements)
$1,083,M9.10 I
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 15 of 19
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
ESTIMATE OF PROBABLE COSTS
Preliminary Cost Estimate
B. Vista Park West Imra� . ��.. #s -Phase 2
Unit
Description.
Unit Price
Total
1
LS
Find Graduig
$16,5W.00
$16,500.00
1
LS
Utility Co:uiectioris and Drauiage
326,21 0.00
$26,2) 0.00
2
LS
Park Shelter Shade Stnlctme
$65,000.00
$130,000.00
1
LS
Workout Station Area Allowance
$150,000.00
$150,000.00
11,998
SF
5`-0" Width Concrete SidewA-
$6.00
$71,989.00
1
E_+
Barrier Free Ramps
$11-50.00
$1,350.00
13�
LF
36" Ht. Retau7ltig Wall vith 42" Ht. Ornamental
$200.00
$271000.00
Metal Guardrail
1
LS
Site L4niil
$19,".00
$19,000.00
10
EA
Park Betich
$950.00
$9,500.00
6
EA
Picnic Tables
$4,468.00
$26,808.00
4
EA
Park Grills
$973.00
$3,892.00
1
E_A.,
Soccer Goal Systems,
V 935.00
$2,935.00
2
E_�.
Trash Receptacle
$750.00
$1,500.00
3
a_ .
Pet Waste Station
$550.00
$1,650.00
38
EA
3" Caliper Shade Tree (Species TBD)
$585.00
$22,230.00
20
EA
'" Caliper Shade Tree (Species TBD)
$425.00
$8,5W.00
1,042
SF
Shnlbs and Groundcover Plulting
$12.00
$12,.00
(Species and Saes TBD)
210,495
SF
Common Bermuda Solid Sod
$056
1117,87720
6,805
SF
Complete Irrigation System
$0.80
$5,4".00
203,690
SF
Temporary Irrigation System
$0.30
$61,107.00
Total: Vista Park West L. .....:.. ants,l
$M,935.20
Grand Total• Vista Park West
Improvenientsi
S1,799,304.30
Reimbursable Improvements Required: $1,143,030.02
Reimbursable Improvements Provided: $1,296,538.10
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST 11 (PP-21-021) 16 of 19
EXHIBIT D
FEE SHEET
OUTSIDE
TIMATED FEES -IN
-LIEU OF PARKLAND DEDICATION
IMN
a m.Dory 2019 NEIGHBORHOOD AND COMMUNITY
PARK POLICY Nw
Calendar Year- 2021
PPE
NIP UNIT
CP UNIT
AIL DISTRICT
PARK SUIVICt DISTR C_
_
5-15
20
7 NORT-i
Preliminary
PP-21-42$
-j--mitted:
PLATS
Final
FP
submitted-
1
Single-FamityUnits:
:LZ}g
P3Peransper unrt
2
Multi-F2rnlh units:
0
v-Per5an5perunit
Vista West 11
3
Landvalue(per acre::
$25,847.07
FMVA: LGI Purchase price
4
Population generated:
3,837
L NE i (x 3 persom.-unitj + LINE 2 (x 2 perso unit;i
LAND COMPONENT
S
Lard Dedication Required:]
IZA703 Acres I
LINE 4 x 3,F5 Acres {per 1,000 Population;
6
LAND FEE_ $3ZZ,920.7Z*
LINE 3 x LINE 5
OEVELOPMEW CDMPONENT
7
Street Frontage Required]
1,032 I
See Notes
NEIGHBORHOOD
s
DEVELCPMIENT FEE:
$1,022,ZlSA3i
UNE5x$91,972 peracre
PAIR
9
StiMFrontage Caat:
$39,690.72
LNE7x$38AG (may changeatFinal Platl
10
Water afrastructure Coat
$27,420.24
LNE 7 x $ZG.57 (may change at Final Plat)
11
Sewer -afrastructureCcat
$30,320.16
UNE7x $2938 (mayrChange atFinal Plat]
12
Conference Ccdt
$9,743.11
10%of (LINE 9 - LINE 10 + U NE 11)
13
Cavil Engineering Cast
$5,920.18
7%of I LINE 9 + LINE 10 + LINE III
1A
Design Engineering Cant
$6,S20.16
71A of [LINE 9 + LINE 10 + LINE 11I
15
INFRASTRUCTURE FEE:
$22D,814.59*
Sum [LINE 9 thru LINE 14)
LAND COMPONENT
COMMUNITY PART{
f 15
Land Dedication Recluired:l
14.3988 Acres I
LINE4 x 3,7S Acrs,,per 1,000 Population;
I` 17
LAND FEE.
$371,908.3Z
LINE3 x LNE 16
TOTAL FEE -IN -LIEU
1,837,25q.06
_NEt+LINE 15 -LINE 17
* hthlighted`ec arc imoiced eletaronic2uy
NOTES
Street Fron4geLFrequired is35%ofthelinear rre".jreofascuue
ec_jl-.vUNE5
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 17 of 19
EXHIBIT E
PAYMENT OF FEES IN LIEU OF PARK DEDICATION
COMBINATION
Land and improvement are proposed to be dedicated to the City of Fort Worth in lieu of Neighborhood Park
Dedication fees with a minimum investment of $1,465,350.74 by the developer ($322,320.72 land dollars and
$1,143,030.02 development dollars).
Developer Fees in lieu of land dedication for Community Park in the amount of $371,908.32. Fee amount due in
full at time of Final Plat submittal.
PARK DEDICATION AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE VISTA WEST II (PP-21-021) 18 of 19
Vista West
Application
Time Lapse
Date
PP-21-028
4/23/2021
FP-21-074
6/3/2021
41
FP-22-108
8/4/2022
427
-44,777
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
1,279
1,279
12.470
14.389
$322,320.72
$1,143,030.02
$371,908.32
$1,837,259.06
254
254
2.477
858
$64,010.27
$256,855.12
$73,858.00
$330,713.12
$394,723.39
211
211
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
0
$0.00
$0.00
465.00
0.00 465.00
2.48
2.86
$64,010.27
$256,855.12
$73,858.00
$330,713.12
394723.39
814
0.000 814
9.994
11.531
$258,310.45
$886,174.90
$298,050.32
-$64,010.27
I $394,723.39