HomeMy WebLinkAboutContract 63700CSC No. 63700
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
NORTH CITY ADDITION -EAST (PP-20-074)
This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR
NORTH CITY ADDITION -EAST ("Agreement") is made and entered into by and between the City of
Fort Worth, Texas ("City"), a home -rule municipal corporation of the State of Texas, acting by and
through its duly authorized Assistant City Manager, and NTP35, LP, a Texas limited partnership
("Developer"), acting by and through its duly authorized representative. City and Developer are referred
to herein individually as a ("Parry") and collectively as the ("Parties").
WHEREAS, Developer, or one or more of its affiliates, is constructing the NORTH CITY
ADDITION -EAST in the City; 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 NORTH CITY ADDITION -EAST.
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
NORTH CITY ADDITION -EAST ("Development Area") in the City. The Development Area means the
property that is owned by the Developer, which is more particularly identified in Exhibit "A" -
DeveloDment Area and Park Concert Plan, attached hereto and incorporated herein by reference and is
being dedicated 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 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 subsequent changes to the Policy conflict with the terms agreed to
herein by the Parties, this Agreement shall govern.
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 and the City
have complied with all of its respective 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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENT; FT. WORTH, Tx
FOR NORTH CITY ADDITION -EAST (PP-20-074) 1 of 20
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: ❑ Yei ® No
2.2 The Development Area is subject to the Central City Park Flat Fee in the amount of N/A ($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 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 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 2 of 20
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 ❑ No
3.2 Developer will set aside and dedicate parkland to the City as follows:
3.2.1 Developer will dedicate approximately Thirty-one and 37/100 (31.37) acres of total
parkland within the Development Area, which are identified in Exhibit "A" - Development Area and Park
Concept Plan as Neighborhood Based Park and Community Based 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 7.15 acres for
Neighborhood Park and 8.25 acres for Community Park. 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 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: 7.15 acres = 3.25 X 1100 Dwelling
Units X 2 Persons per Unit/1000.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 3 of 20
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: 8.25 acres = 3.75 X 1100 Dwelling Units X 2 Persons per
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 23 acres, or does not meet site selection criteria, as
defined in the Policy, the Director may require a fee -in -lieu of the Neighborhood Based Park 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 Park: ® Yes ❑ No
4.2 The Developer must pay a Neighborhood Based Park Development Fee in the amount of one
hundred eighty thousand three hundred seventy-two and 67/100 dollars ($180,372.67) for each acre of
Neighborhood Based Park 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.
4.3 Neighborhood Based Park Development Fee Credits (refund): City and Developer ® HAVE; ❑
I4 ^ zrN7frE 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 Park Dedication Policy fees to be issued as a refund to
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 the park
site prior to final plat approval in lieu of submitting the Neighborhood Based Park Development Fee. The
requirements detailed in the Policy. Pursuant to Exhibit "E", there are no, and will not be, any other fees
due by Developer.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 4 of 20
SECTION 5
PAYMENT OF FEES IN LIEU OF PARKLAND DEDICATION
5.1 If the calculation for required Neighborhood Based Park 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 twenty three (23) 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 ❑ HAVE; ® HAVE NOT mutually agreed to the payment of fees in lieu of
Neighborhood Based Park dedication.
5.1.2 City and Developer ❑ HAVE; ® HAVE NOT mutually agreed to the payment of fees in lieu of
Community Based Park dedication.
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. Exhibit "A" Concept Plan has been approved by the
City.
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 will 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 Area on the Effective Date.
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
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 5 of 20
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 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
Tracking Log attached hereto, minus the amount of Central City Park Flat Fees and Neighborhood Based
Park Development Fees 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 Fees or the Neighborhood Based Park Development Fees (and/or
make the payments specified in Subsection 3.5) is only to the extent Developer has actually completed
the Anticipated Construction. In no even will Developer be obligated to pay more than Five Hundred
Thousand and No/100 Dollars ($500,000.00) to the City under this Agreement.
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 NORTH CITY ADDITION -EAST (PP-20-074) 6 of 20
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
100 Texas Trail, Floor 9
Fort Worth, Texas 76102
with copies to:
City Attorney's Office
City of Fort Worth
100 Texas Trail
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
100 Texas Trail
Fort Worth, Texas 76102
Developer:
NTP35, LP
500 Throckmorton St
Suite 1512
Fort Worth, TX 76102
SECTION 10
LIENS AND MORTGAGES
Developer does not have the authority to engage in any act or to make any contract which creates or any lien
or mortgage upon any real property or improvements owned by the City. If any such 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 notice of such creation or filing. Developer's failure to discharge any filed 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 7 of 20
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 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 are declared to be for the benefit of and binding upon their respective successors, 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 8 of 20
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 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 contained 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.
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 9 of 20
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 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, subject to the monetary terms of this Agreement.
SECTION 24
LIABILITY AND INDEMNIFICATION
DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS, 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) THATMAYRELATE 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 GROSSLY NEGLIGENT ACT OR
INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY),
SUBCONTRACTORS RELATED TO THE CONSTRUCTION OF THE
NEIGHBORHOOD PARK OR THE PERFORMANCE OF THIS AGREEMENT.
[SIGNATURES ON FOLLOWING PAGE]
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 10 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
oana Harandof
By: Dana Burghdoff (Jul 22/,2025 17:29 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: 07/22/2025
NTP35, LP, a Texas limited partnership:
By: NTP Investments LLC, a Texas limited
liability company, general partner
� /A P_
By: Steve McKeever (Jun 30, 2025 11:14 MDT)
Name: Steve McKeever
Title: Manager
Date: 06/30/2025
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By:
Name: Dave Lewis
Title: Director
Department: Park & Recreation
By:
Name: Joel McElhany
Title: Assistant Director
Department: Park & Recreation
Approved as to Form and Legality:
By:
Name: Trey Qualls
Title: 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.
F
By: LoriVoordon (Jun 30, 2025 12:23 CDT)
Name: Lori L Gordon
Title: Planning Manager
Department: Park & Recreation
City Secretary:
4F voe>°Il°a
�a
C /, I� Pa°° °noos4ad
By: ` J
Name: Jannette Goodall
Title: City Secretary
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
11 of 20
EXHIBIT A
DEVELOPMENT AREA AND PARK CONCEPT PLAN
DEVELOPMENT AREA
Legal Descriptions: (P = park land): 2100 North Tarrant Parkway; Lot 1, Block 1, 9.327 acres.
The Development Area is marked with "X"s below.
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P= park land
X= Development Area
(approximately 10 acres)
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AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 12 of 20
EXHIBIT A-1
DEVELOPMENT AREA AND PARK CONCEPT PLAN
NEIGHBORHOOD PARK AREA
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 13 of 20
EXHIBIT A-2
DEVELOPMENT AREA AND PARK CONCEPT PLAN
COMMUNITY PARK AREA
Not to See Le
1
AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR NORTH CITY ADDITION -EAST (PP-20-074) 14 of 20
EXHIBIT B
FEE CREDIT AGREEMENT
Developer will dedicate to the City of Fort Worth approximately 9.32 acres of land as Neighborhood
Based Park and approximately 21.5 acres of land as Community Based Park, under a separate
agreement. The Developer will also construct the following Neighborhood Based Park amenities:
A City of Fort Worth approved prototype:
Playground
Low Water Crossing
Minimum 6' wide, walking trail (concrete) of +/- 3,300 linear feet
Associated grading to ensure site has positive drainage
Seed or sod to stabilize park site surface.
This agreement is valid for up to 1800 multifamily units. If the development goes above this unit count,
PARD-PDP fees will be revisited.
Once the park improvement construction is accepted by the City and Neighborhood Based Park and
Community Based Park lands are deeded to the City of Fort Worth, then the Neighborhood Based Park
land, Development + Infrastructure and Community Parkland and Neighborhood Community Park
Development fees paid will be returned to Developer
and no further Park Dedication Fees (Neighborhood or Community) will be due for the remainder of the
development.
EXHIBIT B - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE NORTH CITY ADDITION -EAST (PP-20-074) 15 of 20
EXHIBIT C
LIST OF APPROVED IMPROVEMENTS
Neighborhood Park:
Playground (CFW Prototype)
Minimum 6' wide, walking trail (concrete) +/- 3,300 linear feet
Low Water crossing
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 NORTH CITY ADDITION -EAST (PP-20-074) 16 of 20
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-- �
^
Temporary Construction Entrance and FencinVTTm PMeetion Fence
LS
l
$25,000.00
$25,000.00
b ►d
Temporary Sill Fence and Ermun Control Logs (Install i F.emoye)
LS
I
$30,000.00
$30,000.00
% b
N yy
O
Sift Gradmg Allowance
Trail Docompasctl Granttc)
LS
SF
l
6,700
$I5,0110.00
$2.85
$15,000.00
$19.09S.00
CrJ
(Stabilizod
0
Trail (Concrctc)
SF
51000
$10.00
$50.000.00
�
`. t7
Picnic Tables
EA
3
SZOOD.00
S6,000.00
C1
Nature Play Playground Allowance
LS
I
$100,000.()0
S100,000.00
y
Engineered Wood Fiber
SF
3,000
$10.00
S30,000.00
C) 0.4 y
Playground Drainagc
LS
l
$9,000.00
59.000.00
tz b
O
Shadc Trcca
EA
10
$900.00
S9.000.00
Solid Sod.
SY
6,250
S3.00
$18.750.00
Seeding
SF
80.000
$0.15
$12,000.00
IrsJ C
t7
Topsoil (W' depth for Sad Area only)
CY
80
$40.00
S3,200.00
Temporary Irrigation
IS
1
$20,000.00
$20,000.00
C
O
Subtotal
$39 7,045.00
C
3 20%0 Contingency
$75,000.00
15% Indirect Costs (Architect/Engin€ec'Survey)'Creotech/Material Testing
S42,455.00
l�
z
y
TOTAL ESTIMATED DEVELOPER CONSTRUCTION COSTS
$515,000.00
EXHIBIT D
FEE SHEET
FORT WORTH
ESTIMATED FEES -IN -LIEU OF PARKLAND DEDICATION our
�
BASED ON 2019 NEIGHBORHOOD AND COMMUNITY PARK POLICY �..
Calendar Year - 2020
PPD
NP UNIT
CP UNIT
COUNCIL DISTRICT
PARK SERVICE DISTRICT
5
6-03 C-17
7 NORTH
Preliminary PP-20-074
Submitted: 12-14-20
PLATS
Final
Submitted:
1
Single -Family Units: 0
@ 3 Persons per unit
North City Addition 2
Multi -Family Units: 1,100
@ 2 Persons per unit
East 3
Land Value (per acre): $108,890.93
FMVA 4/30/21
4
Population generated: 2,200
LINE 1 (x 3 persons/unit) + LINE 2 (x 2 persons/unit)
LAND COMPONENT
5
Land Dedication Required:) 7.1500 Acres I
LINE 4 x 3.25 Acres (per 1,000 Population)
6 I
LAND FEE: $778,570.15*
LINE 3 x LINE 5 (land dedication)
DEVELOPMENT COMPONENT
7
Street Frontage Required:) 781 LF I
See Notes
NEIGHBORHOOD 8
DEVELOPMENT FEE: $465,379.20* I
LINES x $65,088 per acre
PARK 9
Street Frontage Cost: $30,037.26
LINE 7 x $38.46 (may change at Final Plat)
10
Water Infrastructure Cost: $20,751.17
LINE 7 x $26.57 (may change at Final Plat)
11
Sewer Infrastructure Cost: $22,945.78
LINE 7 x $29.38 (may change at Final Plat)
12
Conference Cost: $7,373.42
10% of (LINE 9 + LINE 10 + LINE 11)
13
Civil Engineering Cost: $5,161.39
7% of (LINE 9 + LINE 10 + LINE 11)
14
Design Engineering Cost: $5,161.39
7% of (LINE 9 + LINE 10 + LINE 11)
15
INFRASTRUCTURE FEE:I $45,715.21* I
Sum (LINE 9 thru LINE 14)
LAND COMPONENT
COMMUNITY PARK
1161
Land Dedication Required:I 8.2500 Acres I
LINE 4 x 3.75 Acres (per 1,000 Population)
I` 17
LAND FEE: $898,350.17*
LINE 3 x LINE 16
TOTAL FEE -IN -LIEU 2 188 014.73
LINE 6 + LINE 15 + LINE 17
* highlighted fees are invoiced electronically
NOTES Street Frontage LF required is 35%of the linear measure of a square area equal to LINE 5
EXHIBIT D - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE NORTH CITY ADDITION -EAST (PP-20-074) 18 of 20
EXHIBIT E
PAYMENT OF FEES IN LIEU OF PARK DEDICATION
[Intentionally Omitted]
EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS
FOR THE NORTH CITY ADDITION -EAST (PP-20-074) 19 of 20
North City
Total NP
Total
NP Land Dedication CP Land Dedication
Amount equal to
Development
Amount equal to CP
Fee -in -Lieu of Land
Addition -East
MF Units
Required (acres) Required (acres)
NP Land Dedication
Fee -In -Lieu
Land Dedication
Due
Fees Paid
PP-20-074
1,100
7.150 8.250
$778,570.15
$511,094.41
$898,350.17
$2,188,014.73
FP-22-163
464
$328,415.04
$153,290.62
$189,470.22
$671,175.88
$671,175.88
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Subtotal
464.00
0.00 0.00
$328,415.04
$153,290.62
$189,470.22
$671,175.88
671175.H
Remaining Subtotals
636.000
7.150 8.250
$450,155.11
$357,803.79
$708,879.95
$1,516,838.85 I
$671,175.88