HomeMy WebLinkAboutContract 63489City Contract Number: 63489
AGREEMENT FOR PAYMENT OF TRANSPORTATION IMPACT FEE BETWEEN
THE CITY OF FORT WORTH AND FW I-35 LOGISTICS 2, LLC
THIS AGREEMENT FOR PAYMENT OF IMPACT FEES (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 FW I-35 LOGISTICS 2, LLC, a Texas limited liability company authorized to do business in
Texas (the "Developer") (the City and the Owner a "Party", and collectively, the "Parties").
RECITALS
WHEREAS, the Developer is developing an approximately 1,051,346 square foot
warehouse, and an approximately 206,932 square foot warehouse which will provide desirable
speculative industrial warehouse development for the City of Fort Worth within the south
industrial market ("Project"); and
WHEREAS, Two (2) building permits for the Project are ready to be issued, but the
transportation impact fees due to building permits have not been paid to the City; 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
The City and Developer agree that the following transportation impact fees are owed to the City in
connection with the building permits listed:
Address
12100 South FWY, Fort Worth, TX 76028
12000 South FWY, Fort Worth, TX 76028
Permit Number
P13 25-05876
P13 25-05967
2.
PAYMENT OF IMPACT FEES
Transportation
Impact Fee Due
$2,052,563.82
$408,068.07
The City and Developer agree that the Developer will pay 50% of each transportation impact fee
assessed on each building permit listed in Section 1 of the Agreement prior to building permit issuance.
The Developer understands that the building permit(s) will not be issued until the permit documents are
approved, all fees other than the transportation impact fee(s) are paid as applicable, and the first 50%
OFFICIAL RECORD
I35 Logistics Transportation Impact Fee Payment Agreement
CITY SECRETARY Page I of 5
FT. WORTH, TX
transportation impact fee payment for each building permit listed in Section 1 of the Agreement has been
received by the City.
The City and Developer agree that the second 50% transportation impact fee payment owed to the
City for each building permit listed in Section 1 of this Agreement must be paid to the City prior to final
inspection for each building permit listed in the Agreement. The City will not schedule the final inspection
until all transportation impact fees have been paid to the City.
The City and Developer agree that any building permits issued after this Agreement is executed
will be eligible for this outlined payment arrangement. In the event additional building permits are
submitted for the aforementioned project, Developer will pay 50% of each transportation impact fee
assessed for each additional building permit prior to building permit issuance. The Developer understands
that the building permit(s) will not be issued until the permit documents are approved, all fees other than
the transportation impact fee(s) are paid as applicable, and the first 50% transportation impact fee payment
for each additional building permit has been received by the City.
The City and Developer agree that the second 50% transportation impact fee payment owed to the
City for each additional building permit must be paid to the City prior to final inspection for each additional
building permit. The City will not schedule the final inspection until all transportation impact fees have
been paid to the City.
The City and Developer agree that if any information provided to calculate the transportation
impact fee(s) owed is altered, such as the addition of square footage or a change of use, on any permit
covered by this agreement, and that change results in a change in the fee owed, the complete amount owed
on each permit will be collected by the City prior to final inspection as outlined above.
3.
ASSIGNMENT
Developer shall not assign or subcontract any of its duties, obligations, or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an assignment, the
assignee shall 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 and Assignee
shall be jointly liable for all obligations of Developer under this Agreement prior to the effective date of
the assignment.
4.
NOTICES
All notices required or permitted under this Agreement may be given to a party by hand -
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY: DEVELOPER:
Attn: City Manager's Office Attn: Steven D. Bradford
City of Fort Worth 3500 Colgate Avenue
100 Fort Worth Trail Dallas, Texas 75225
Fort Worth, Texas 76102
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With conies to:
City Attorney's Office Austin Green
City of Fort Worth Wick Phillips
100 Fort Worth Trail 3131 McKinney Avenue
Fort Worth, Texas 76102 Dallas, Texas 75204
5.
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.
6.
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 in Tarrant County, Texas or the United States District Court for the
Northern District of Texas. Fort Worth Division.
7.
SERVERABILITY
If any provision 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 amendments, 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.
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I35 Logistics Transportation Impact Fee Payment Agreement
11.
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,
WHEIHER 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.
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 the
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.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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I35 Logistics Transportation Impact Fee Payment Agreement
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: 06/19/2025
Recommended By:
Dalton Harrell4Jun 12, 2025 14:42 CDT)
DJ Harrell
Director, Development Services
Approved as to Form and Legality:
4&-69e-1
Douglas Black (Jun 13, 202512:43 CDT)
Douglas Black
Assistant City Attorney
M&C: None required
Form 1295: None required
ATTEST:
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Jannette S. Goodall
City Secretary
DEVELOPER
FW I-35 LOGISTICS 2, LLC
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Steven Bradford (Jun 8, 2015 22:36 CDT)
Steven D. Bradford
Manager
Date: 06/08/2025
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.
rim
Rebecca Owen (Jun 6, 202517:43 CDT)
Rebecca Owen
Sr. Capital Projects Officer, Development
Services Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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I35 Logistics Transportation Impact Fee Payment Agreement