HomeMy WebLinkAboutContract 63059CSCO NO. 63059
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 D.R. Horton - Texas, LTD, a State of Texas 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 341.692 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, as amended,
under which transportation 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 Transportation 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 areas C; 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 construct 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 Cedarbrook, PP-21-
071, on 06/14/2023; and
OFFICIAL RECORD
Transportation Impact Fee Credit Agreement- CA-24-001 CITY SECRETARY Page 1 of 17
Cedarbrook FT. WORTH, TX 3/27/2025
WHEREAS, the Owner has dedicated 42,242 square feet of right-of-way for Wagley
Robertson Road with FP-22-086, recorded as Instrument D223059041, on 04/10/2023; and
WHEREAS, the Owner has dedicated 17,407 square feet of right-of-way for Wagley
Robertson Road with FP-23-093, recorded as Instrument D224030862, on 04/02/2024; and
WHEREAS, the Owner has dedicated 76,028 square feet of right-of-way for Heritage
Trace Parkway with FP-24-021CP, recorded as Instrument D224116036, on 07/03/2024; and
WHEREAS, the Owner has received approval for construction plans (IPRC22-0184) on
02/21/2023, and executed a Community Facilities Agreement (CFA23-0006, City Secretary
Contract No. 59229), on 04/13/2023, and obtained final acceptance by the City for Wagley
Robertson Road, City Project Number 104381, on 10/07/2024; and
WHEREAS, the Owner has received approval for construction plans (IPRC22-0199) on
02/21/2023, and executed a Community Facilities Agreement (CFA23-0007, City Secretary
Contract No. 59282), on 04/23/2023, and obtained final acceptance by the City for Wagley
Robertson Road, City Project Number 104497, on 11/20/2024.
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
Transportation Impact Fee Credit Agreement- CA-24-001 Page 2 of 17
Cedarbrook 3/27/2025
Community Facilities Agreement (for 75% of the eligible roadway construction credit) and final
acceptance by the City has been obtained (for 100% of the eligible roadway construction credit).
6. Term and Effective Date. The term of this Agreement shall be ten (10) years from
its Effective Date.
7. Assi2nment. 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 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. A credit agreement
amendment executed by the City, any remaining Owners, and the Owner's Assignee will be
required to formally transfer any credits for use.
8. Amendment. This Agreement shall not be modified or amended except as follows:
(a) Any revision, amendment, assignment, or modification to this Agreement
or any Exhibit or schedule hereto shall be in writing and signed by the Parties.
(b) Any revision, amendment, assignment, 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)
Transportation Impact Fee Credit Agreement- CA-24-001 Page 3 of 17
Cedarbrook 3/27/2025
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
Jesica McEachern
Assistant City Manager
Date: Apr 6, 2025
Recommended By:
Dalton Harrell (par 28, 202515:49 CDT)
DJ Harrell
Director, Development Services
Approved as to Form and Legality:
Douglas Black (Mar 31, 2025 22:54 CDT)
Douglas Black
Assistant City Attorney
M&C: None required
Form 1295: None required
ATTEST:
A .-1�-uoms
Jannette Goodall
City Secretary
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OWNER
D.R. Horton — Texas, LTD.,
a Texas limited partnership
By: D.R. Horton, Inc.,
a Delaware Corporation,
its authorized agent
Justin Bosworth
Assistant Vice 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.
niferRo erts(Mar28,202512:38CDT)
Jennifer H. Roberts
Assistant Director, Development Services
Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Transportation Impact Fee Credit Agreement- CA-24-001 Page 4 of 17
Cedarbrook 3/27/2025
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
Transportation Impact Fee Credit Agreement- CA-24-001 Page 5 of 17
Cedarbrook 3/27/2025
EXHIBIT A
Description of Property: Cedarbrook Preliminary Plat, PP-21-071
BEING a tract of land situated in the B. Thomas Survey, Abstract Number 1497, City of Fort
Worth, Tarrant County, Texas, being all of Cedarbrook, an addition to the City of Fort Worth,
Tarrant County, Texas, Phase 1 recorded in Instrument Number D223059041, Phase 2 recorded
in Instrument Number D224026856, Phase 3 recorded in Instrument Number D224116036, and
Phase 5 recorded in Instrument Number D224030862, all of County Records, Tarrant County,
Texas, being all of Lot 1, Block 34, Cedarbrook Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, recorded in Instrument Number D223112294, said County Records,
being all of that remainder tract of land described by deed to D.R. Horton -Texas, LTD., recorded
in Instrument Number D220334094, said County Records, being all of that tract of land
described by deed to D.R. Horton -Texas, LTD., recorded in Instrument Number D224023131,
said County Records, and being all of those two remainder tracts of land described by deed to
Beltmill Saginaw, LLC., recorded in Instrument Number D220330746, said County Records, and
being more particularly described by metes and bounds as follows:
BEGINNING at the southwest corner of said Phase 1, being the northwest corner of that tract of
land described by deed to TM BTR of Texas, LLC., recorded in Instrument Number
D222027085, said County Records, and being in the east right-of-way line of Burlington
Northern Santa Fe Railroad (a 100 foot right-of-way);
THENCE N 36058'59"W, 5499.39 feet, with said east right-of-way line to the northwest corner
of said D.R. Horton -Texas remainder tract;
THENCE N 89044' 15"E, with the north line of said remainder tract, at 1894.98 feet, the
northeast corner of said remainder tract, being the northwest corner of said Phase 3, continuing
with the north line of said Phase 3, in all 3113.62 feet to the northeast corner of said Phase 3;
THENCE S 00014'47"E, 1005.88 feet, with the east line of said Phase 3, to the northwest corner
of said Phase 5;
THENCE N 89044'36"E, 3660.68 feet, with the north line of said Phase 5, to the northeast
corner of said Phase 5;
THENCE S 00052'44"E, 327.76 feet, with the east line of said Phase 5;
THENCE S 78026'30"W, 35.52 feet, continuing with said east line;
THENCE S 00052'44"E, 20.35 feet, continuing with said east line to the southeast corner of
said Phase 5;
THENCE S 78026'30"W, 2975.11 feet, with the south line of said Phase 5, to the most easterly
northeast corner of said Phase 2;
THENCE S 48039'45"E, with the east line of said Phase 2, at 339.35 feet the most easterly
Transportation Impact Fee Credit Agreement- CA-24-001 Page 6 of 17
Cedarbrook 3/27/2025
corner of said Phase 2, being the northwest corner of said Phase 1, continuing with north line of
said Phase 1, in all 1257.62 feet;
THENCE S 00047'48"E, 538.72 feet, continuing with said north line, to an ell corner in said
north line;
THENCE N 89047'42"E, 2027.76 feet, continuing with said north line and the north line of said
Beltmill Saginaw remainder tract, to the northeast corner of said Phase 1;
THENCE S 00037'28"E, 1056.04 feet, with the east line of said Phase 1, to the southeast corner
of said Phase 1;
THENCE S 89012'38"W, 3517.33 feet, with the south line of said Phase 1 to the Point of
Beginning and containing 14,884,117 square feet or 341.692 acres of land more or less.
Transportation Impact Fee Credit Agreement- CA-24-001 Page 7 of 17
Cedarbrook 3/27/2025
EXHIBIT B
Map of Property: Cedarbrook Preliminary Plat, PP-21-071
VICINITY MAP
N.T.S.
Transportation Impact Fee Credit Agreement- CA-24-001 Page 8 of 17
Cedarbrook 3/27/2025
EXHIBIT C
Development Plan: Cedarbrook Preliminary Plat, PP-21-071
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Transportation Impact Fee Credit Agreement- CA-24-001 Page 9 of 17
Cedarbrook 3/27/2025
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Transportation Impact Fee Credit Agreement- CA-24-001 Page 10 of 17
Cedarbrook 3/27/2025
EXHIBIT D
Eligible Transportation Improvements
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- Eligible Transportation
Improvements for Credit against
Transportation Impact Fees
Key
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I - Right -of -Way Dedication /
Roadway Construction
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Eligible Improvements Reference # Limits
Wagley Robertson Road FP-22-086 Right -of -Way Dedication
Heritage Trace Parkway FP-24-021 CP Right -of -Way Dedication
CFA23-0006
Wagley Robertson Road CPN 104381 Construction of paving, streetlights, & drainage
59229 IPRC22-0184
CFA23-0007
Wagley Robertson Road CPN 104497 Construction of paving, streetlights, & drainage
59282 IPRC22-0199
Transportation Impact Fee Credit Agreement- CA-24-001 Page 11 of 17
Cedarbrook 3/27/2025
EXHIBIT E
Credits Against Transportation Impact Fees
Cedarbrook
Transportation Impact Fee Credit Overview
Value of ROW Dedication
Instrument # Final Plat # Eligible Arterial
ROW Value
D223059041 FP-22-086 Wagley Robertson Road
$177,838.82
D224030862 FP-23-093 Wagley Robertson Road
$30,984.46
D224116036 FP-24-021CP Heritage Trace Parkway
$362,653.56
Total ROW Transportation Impact Fee Credit
$571,476.84
TrIF Eligible Community Facilities Agreement Construction
City Secretary # CFA # Eligible Arterial Construction Value
CFA 23-0006
59229 CPN 104381 Wagley Robertson Road $887,900.47
IPRC22-0184
CFA23-0007
59282 CPN 104497 Wagley Robertson Rd $15,240.00
IPRC22-0199
Total Transportation Impact Fee Construction Credit $903,140.47
Engineering, Surveying, and Material Testing = 20% of eligible construction costs $180,628.09
Total Transportation Impact Fee Credit $1,655,245.40
Transportation Impact Fee Credit Agreement- CA-24-001 Page 12 of 17
Cedarbrook 3/27/2025
Credits Against Transportation Impact Fees
Right -of -Way Valuation Cedarbrook
Valuation Method 1 - Percentage of TIP
Project Cost
Eligible Arterial Wagley Wagley Robertson
2022 Transportation Improvements Plan Project
Number
Estimated Construction Costs from 2022
Transportation Improvements Plan
Value of Total Project Right -of -Way (20%
Construction Cost)
Total Project Length (LF)
Arterial Cross -Section Width (LF)
Additional ROW needed for Roundabout (SF)
Total Project Right -of -Way (SF)
Right -of -Way Value Per Square Foot
Valuation Method 2 - Percentage of
Construction Project Cost
Eligible Arterial
City Project Number
Final Construction Costs from Notice of
Completion (Green Sheet)
Value of Total Project Right -of -Way (20%
Construction Cost)
Total Project Length (LF)
Arterial Cross -Section Width (LF)
Additional ROW needed for Roundabout (SF)
Total Project Right -of -Way (SF)
Right -of -Way Value Per Square Foot
Valuation Method 3 - TAD appraised value
TAD Value as of 08/9/2023
TAD Account
Total Area (SF)
Appraised Value
Value per Square Foot
Right -of -Way Dedication
Recording Instrument Number
Final Plat Number
Recording Date
Total area of ROW dedicated (SF)
Value per SF
ROW Credit Available
Robertson Road
C-29, E-28
$1,536,000
$307,200
2165
80
$0
173200
$1.78
Wagley
Robertson Road
103406
$887,900.47
$177,580
860
40
0
42,242
$4.21
Wagley
Robertson Road
04600061
145,624
$426,863.00
$2.94
Wagley
Robertson Road
D223059041
FP-22-086
4/10/2023
42,242
$4.21
$177,838.82
Road
C-29, E-28
$1,536,000
$307,200
2165
80
$0
173200
$1.78
Wagley
Robertson Road
104497
$29,799
$5,960
860
40
0
17,407
$0.35
Wagley
Robertson Road
40621324
130,680
$120,000.00
$0.92
Wagley
Robertson Road
D224030862
FP-23-093
4/2/2024
17,407
$1.78
$30,984.46
Heritage Trace
Pkwy
E-15
$9,206,000
$1,841,200
$2,975
130
$0
386,750
$4.77
Heritage Trace
Pkwy
NA
0
$0
0
0
0
76,028
$0.00
Heritage Trace
Pkwy
07556802
50,791
$46,640.00
$0.92
Heritage Trace
Pkwy
D224116036
FP-24-021CP
7/3/2024
76,028
$4.77
$362,653.56
Transportation Impact Fee Credit Agreement- CA-24-001 Page 13 of 17
Cedarbrook 3/27/2025
Credits Against Transportation Impact Fees
TrIF Eligible Construction - Beltmill Phase 2 CPN 104381
Paving
Item
escription
Unit
Completed
Unit Price
Credit
No.
Quantity
Available
1
10" CONC PVMT
SY
4,234
$84.95
$359,678.30
2
4" CONC SIDEWALK (6' WIDE)
SF
1,110
$7.75
$8,602.50
3
4" CONC SIDEWALK (10' WIDE)
SF
18,928
$7.75
$146,692.00
4
8" LIME TREATMENT
SY
4,367
$5.45
$23,797.75
5
HYDRATED LIME
TN
70
$292.00
$20,399.12
6
BARRIER FREE RAMP, TPE P-1 (10' WIDE)
EA
6
$2,900.00
$17,400.00
7
TRUCK APRON
SF
580
$26.75
$15,515.00
8
END -OF -ROAD BARRICADE
EA
3
$1,100.00
$3,300.00
9
REMOVE END OF ROAD BARRICADE
EA
3
$350.00
$1,050.00
10
REMOVE CONC PVMT
SY
208
$18.00
$3,744.00
11
REMOVE ASPHALT
SY
3,175
$12.00
$38,100.00
12
TRAFFIC CONTROL
MO
1
$2,500.00
$2,500.00
13
SAWCUT ASPHALT PVMT
LF
45
$30.00
$1,350.00
14
SAWCUT CONC CURB & GUTTER
LF
29
$20.00
$580.00
15
4" SLD PVMT MARKING HAS (W)
LF
204
$1.40
$285.60
16
REFL RAISED MARKER TY II -A -A
EA
53
$5.00
$265.00
17
LANE LEGEND ARROW
EA
2
$375.00
$750.00
18
LANE LEGENT ONLY
EA
1
$500.00
$500.00
19
8" SLD PVMT MARKING HAS (W)
LF
222
$2.75
$610.50
20
REFL RAISED MARKER TY II -CAR
EA
11
$5.00
$55.00
21
18" SLD PVMT MARKING HAS (Y)
LF
130
$12.50
$1,625.00
22
6" SLD PVMT MARKING HAS (W)
LF
72
$2.15
$154.80
23
6" SLD PVMT MARKING HAS (Y)
LF
2,026
$2.15
$4,355.90
24
INSTALL ALUM SIGN GROUND MOUNT
EA
3
$500.00
$1,500.00
25
REMOVE ALUM SIGN GROUND MOUNT
EA
3
$125.00
$375.00
Paving
Subtotal
$653,185.47
Storm Drain
���&�scription
Unit
Completed
Unit Price
Credit
Quantity
Available
1
21" RCP CLASS IV
LF
302
$83.00
$25,066.00
2
24" RCP CLASS IV
LF
368
$101.00
$37,168.00
3
30" RCP CLASS IV
LF
373
$127.00
$47,371.00
4
10" CURB INLET
EA
1
$7,083.00
$7,083.00
5
10' RECESSED INLET
EA
9
$8,138.00
$73,242.00
6
4' STORM JUNCTION BOX
EA
3
$5,223.00
$15,669.00
7
MANHOLE STEPS
EA
29
$55.00
$1,595.00
8
REMOVE 24" SLOPING HEADWALL
EA
7
$600.00
$4,200.00
9
REMOVE 30" RCP CLASS III
LF
140
$25.00
$3,500.00
10
CONNECT TO EXISTING
EA
1
$3,819.00
$3,819.00
Transportation Impact Fee Credit Agreement- CA-24-001 Page 14 of 17
Cedarbrook 3/27/2025
11 TRENCH SAFETY LF 1,043 $1.00 $1,043.00
Storm Drain Subtotal $219,756.00
Street Light Improvements
escription
Unit
Completed
Unit Price
Credit
Quantity
Available
1
FURNISH/INSTALL LED LIGHTING
EA
1 $313.00
$313.00
FIXTURE (70WT)
2
RDWY ILUM FOUNDATION TY 1, 2 AND 4
EA
1 $1,233.00
$1,233.00
3
NO 10INSULATED ELEC CONDR
LF
450 $1.24
$558.00
4
NO 6 TRIPLEX OH INSULATED ELEC
LF
1,065 $7.00
$7,455.00
CONDR
5
FURNISH/INSTALL LED LIGHTING
EA
4 $550.00
$2,200.00
FIXTURE (137WT)
6
FURNISH/INSTALL 8' WOOD LIGHT POLE
EA
4 $500.00
$2,000.00
ARM
7
RELOCATE STREET LIGHT POLE
EA
1 $500.00
$500.00
8
FURNISH/INSTALL GROUND BOX TYPE
EA
1 $700.00
$700.00
B
9
10
11
Street Lights Subtotal
$14,959.00
Paving Subtotal
$653,185.47
Storm Drain Subtotal
$219,756.00
Street Lights Subtotal
$14,959.00
CONSTRUCTION SUBTOTAL
$887.900.47
Transportation Impact Fee Credit Agreement- CA-24-001 Page 15 of 17
Cedarbrook 3/27/2025
Credits Against Transportation Impact Fees
TrIF Eligible Construction —
Street Light Improvements
Beltmill Phase 5 CPN 104497
to
Item
Description
Unit
Completed
Unit Price
Credit
Quantity
Available
1
NO 6 TRIPLEX OH INSULATED ELEC
LF
920
$7.00
$6,440.00
CONDR
2
FURNISH/INSTALL LED LIGHTING
EA
8
$550.00
$4,400.00
FIXTURE (137WT)
3
FURNISH/INSTALL 8' WOOD LIGHT POLE
EA
8
$550.00
$4,400.00
ARM
Paving Subtotal
$0.00
Storm Drain Subtotal
$0.00
Streetlights Subtotal
$15,240.00
CONSTRUCTION SUBTOTAL
$15.240.00
Transportation Impact Fee Credit Agreement- CA-24-001 Page 16 of 17
Cedarbrook 3/27/2025
EXHIBIT F
Allocation of Credits
Credit shall be allocated on a first -come, first -served basis to building permits within the
preliminary plat boundary of Cedarbrook Preliminary Plat, PP-21-071 and shall run with the land
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Transportation Impact Fee Credit Agreement- CA-24-001
Cedarbrook
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Page 17 of 17
3/27/2025