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Home My WebLink AboutContract 61842CSC No. 61842 AGREEMENT FOR PAYMENT OF IMPACT FEES BETWEEN THE CITY OF FORT WORTH AND JUSTIN'S PLACE This AGREEMENT FOR PAYMENT OF IMPACT FEES ("Agreement") is made and entered into by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas ("City"), and Justin's Place, a Texas nonprofit corporation ("Developer"), each individually referred to herein as a "party" and collectively as the "parties." WHEREAS, Developer is developing an affordable housing project referred to as The Nest, which will add 24 units of deeply affordable housing to the City and will provide services focused on self- sustainabiiity and long-term stability in an effort to break the cycle of generational poverty ("Project"); and WHEREAS, Tarrant County, Texas is participating in the project in the amount of $1,500,000.00; and WHEREAS, through approval of M&C 23-0801 on September 26, 2023, the City is participating in the Project in the amount of $1,500,000.00; and WEHREAS, sixteen building permits for the Project are ready to be issued, but the transportation impact fees due for those building permits have not been paid to the City; and WHEREAS, City staff are proposing to request that the City Council waive the requirement that Justin's Place pay the transportation impact fees; and WHEREAS, Section 395.018 of the Texas Local Government Code authorizes a political subdivision to enter into an agreement for the time and method of payment of impact fees; NOW, THEREFORE, City and Developer, acting herein by and through their duly authorized representatives, agree as follows: 1. IMPACT FEES OWED City and Developer agree that the following transportation impact fees are owed to the City in connection with the building permits listed: Address Building Permit Transportation Impact Fees 8000 Sweet Sparrow PB24-03688 $ 4,595.13 8002 Sweet Sparrow PB24-03691 $ 4,595.13 8004 Sweet Sparrow PB24-03695 $ 4,595.13 8006 Sweet Sparrow P824-03698 $ 4,595.13 8008 Sweet Sparrow PB24-03699 $ 4,595.13 8010 Sweet Sparrow PB24-03700 $ 4,595.13 8012 Sweet Sparrow PB24-03701 $ 4,595.13 8014 Sweet Sparrow PB24-03706 $ 4,595.13 901 Nest PB24-03673 $ 4,595.13 903 Nest PB24-03675 $ 4,595.13 AGREEMENT FOR PAYMENT OF DIPACT FEES BETWEEN THE CITY OF FORT WORTH AND JUSTIN'S PLACE Page 1 of 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 905 Nest PB24-03678 $ 4,595.13 907 Nest PB24-03680 $ 4,595.13 909 Nest P624-03681 $ 4,595.13 911 Nest PB24-03682 $ 4,595.13 913 Nest PB24-03683 $ 4,595.13 915 Nest PB24-03687 $ 4,595.13 Total $ 73,522.08 2. PAYMENT OF IMPACT FEES City and Developer agree that the transportation impact fees owed to the City for the building permits listed in this Agreement must be paid to the City prior to the final electrical inspection for each building listed in this Agreement. The City will not issue the certificate of occupancy for the main leasing office building being constructed at 7952 Sweet Sparrow (PB23-06281) until the transportation impact fees have been paid to the City. If the City Council waives the transportation impact fees listed in this Agreement, then the City and Developer agree to execute a termination of this Agreement. Nothing herein shall constitute a promise or agreement by the City that the Fort Worth City Council will waive the transportation impact fees listed in this Agreement. 3. ASSIGNMENT Developer shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Developer under which the assignee agrees to be bound by the duties and obligations of Developer under this Agreement. Developer and Assignee shall be jointly liable for all obligations of Developer under this Agreement prior to the effective date of the assignment. 4. NOTICES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: City Manager's Office 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at the same address 5. AGREEMENT FOR PAYMENT OF 11"ACT FEES BETWEEN THE CITY OF FORT WORTH AND JUSTIN'S PLACE To DEVELOPER: Justin's Place 5049 Edwards Ranch Rd, Floor 4 Fort Worth, TX 76109 Attention: Donna Floyd, Executive Director Page 2of5 GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 5. GOVERNING LAW / VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 7. SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 8. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 9. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 10. AMENDMENTS/ MODIFICATIONS/ EXTENSIONS No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. II. INDEMNIFICATION DEVELOPER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO DEVELOPER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. AGREEMENT FOR PAYMENT OF IldPACT FEES Page 3 of 5 BETWEEN THE CITY OF FORT WORTH AND JUSTIN'S PLACE 12. COUNTERPARTS / ELECTRONIC SIGNATURES This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. This Agreement may be executed by electronic signatures. 13. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 14. ENTIRETY OF AGREEMENT This Agreement, contains the entire understanding and agreement between City and Developer, their assigns and successors in interest, 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. [SIGNATURES ON FOLLOWING PAGE] AGREEMENT FOR PAYMENT OF DVACT FEES Page 4 of 5 BETWEEN THE CITY OF FORT WORTH AND JUSTIN'S PLACE IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH: Dana BU!'GIMG%Off By: Dana Burghdoff (Aug 1 , 202417:53 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Dalton Harrell Q1ug 12, 202415:25 CDT) Name: DJ Harrell Title: Director, Development Services ATTEST: FORr�aa� oho e,c daQ� llil ap By: Name: Jannette Goodall Title: City Secretary DEVELOPER: By: Name: Donna Floyd Title: Executive Director 811 Date: �%1(� AGREEMENT FOR PAYMENT OF IMPACT FEES BETWEEN THE CITY OF FORT WORTH AND JiUSTIN'S PLACE 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: �6 Name: Evan Roberts Title: Building Official APPROVED AS TO FORM AND LEGALITY: By: Richard McCracken � g 12, 202414:50 CDT) Name: Richard McCracken Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A ATTEST: By:�*51, Name:0,L CYO O GY{G k�' Title: p �re.c. -or o� Page 5 of 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX