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HomeMy WebLinkAboutContract 63746CSC No. 63746 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS NORTHPOINTE WEST (PP-22-052) This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR NORTHPOINTE WEST ("Agreement") is made and entered into by and between the City ofF01t Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Lennar Homes of Texas Land and Construction, LTD. ("Developer"), a Texas limited partnership 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 NORTHPOINTE WEST in the City of Fort Worth; 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 NORTHPOINTE WEST. NOW, THEREFORE, City and Developer agree as follows: SECTION 1 BACKGROUND AND PURPOSE 1.1 Developer is constructing, or causing to be constructed, the NORTHPOINTE WEST ("Development Area") in the City of Fort Worth. The Development Area of the property is owned by KLLB AN LLC, which is more particularly identified in Exhibit "A," 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 ce1tain 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 patties, 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 patties 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. AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 1 of20 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"). SECTION 2 CENTRAL CITY PARK FLAT FEE 2.1 If the Development Area falls within the Central City (Parlc Planning District 4) ("PPD 4"), the Development Area is subject to the Central City Parlc Flat Fee per each additional residential dwelling unit, based upon the Development Area's land use in the past iive 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: ❑�'-es � No 2.? "l,h� C�cvclopi�nci�l� l���c;<� is stll�jcc(� to tl��c� �'entral Ciiy 1'arl< 1�'1�7i I��,� i�� tlle ��mount of 1'�O'Y, APPLICABLE ($N/A) foc eac11 additioiial reside�7ti�1 iulit as �stablislled in the version of the Policy in ei'fect wheal the fee is colleeted. In accordauce with the Policy, the fee is assessed at ihe time of buiJding permit aiid n�usl be paid to the Cit�� �rior to tlie issu�nce of any builcii�lg permit(s). 2.3 Cer�tral City Parlc Flat Fee Ci•edits: Cit}� a»d Developei• ❑ HAVE; ❑ HAVE NOT mut��ally a�i•eed to credits �gainst� this fee for tl�e Developu�ent Area subject to tl�e Ceuh�al City Pacic Flat Tee. Tlte teri»s of sucli ci-edits, i�f any, al•e i»ore particularly described iil �xhibit "B" wliicli is att�clled hereto aiid i11C0(�OI'at2C� 112I'elll f01' <911 �lll�)OSBS. l�bl'e�1110t1fS CO11Cel'tllll� C��i�l'R1111�t1011S Of ����04Vfl��e Celltl"c1� Clty Park Flat� Fee ccedits must be formalized prior Yo r�lease of tl�e first building permit In accordance with tlie 1'olicy, any fee inci�ease or decrease gi�eatel• than the co��sui»er pt-ice iilde� i�equi��es the appi�oval o�l'the Cltj� COLIIICI�. 2.3.1 if City and Developer 11ave agreed to Centr�l City Paric Flat Fee Credits, then tLle Developer wi1L expend or cause to be expended tlle Centr�il City Parlc Flat F�e in constructiou costs for site develop���ent of neigllborhood paY•lcs (public auci private) coilsistent �vith in the Pai�lc Recreatioi� a�id Ope�i Space Mastec Pla�1 �nd the Polic}� (collectively, Ylle "Approved Impi�ove111ents"), a uo�i-e�clilsive list of �vllicll is attacl�ed hei•eto as E�Ilibit "C" and incoi-p�rated I�erein for all pur�oses. 2.3.2 Deve(oper, for any fee remaining after any and all Central Ciry Pari< Flat Fee C��edits, n�ust pay to the City the fulJ anlouilt �1uc pcior t�o t(�e issuance of buildiug permits. The failure to pay tl�e Cenh�al City Fl�t l�ee �vill l�e a basis fo deny building pern�itting. Otherwise, the Director ���ay agree to alio�v Developer to eitl�ei: (i) expend or cause t�o be expeilded the i•enlailiii�g Cenh�al City Flat Fee ol�i vario��s passive or active public parl: imZ�rovenlents ��iihin the Development Pa�•lcland (consisting of one or u�ore of tl�e Approved Improve�nents listed on E�hibit "C") ��vithin the Developmeut� Pai•I<I�ii1d, or (ii) pay to the City aii amount equal to tl�e amourit remainif�g oP t11e Ceniral CiYy I'�i•I< Flat Fee. Develo�er can satisfy the requir•ements of the foregoing (i) or (ii) by �ny combination of (i) and (ii) above (i.e., Developer can pay part of the amount �ursuant to subsectioii (ii) and expend or cause to be expended tL1e remai�ling AGREEMENT CONCERNING PARK D�DICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 2 of 20 �i111C)Ulif �)lll'SUtilll ��O Sll�)SC�C11011 �l� �1C�OV�'�. iUC�I <lll 21t;1'CP,III(',ill� 111LI81 �)(� 111 bVl'I�Illf7, SIt�11�C� �)� ��l(; l�IfCCl�Oi', anc1 �lit<�cl�ccl 90 t�l�is /\+�,r��ca��r,ni as an ���I�icnclun�. 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 iive (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 � 15 acres of parkland within the Development Area, which are identified in Exhibit "A" as Neighborhood Park. The required minimum parkland dedication is further described in the applicable fee sheet for the Development Area, which is attached to this Agreement as Exhibit "D" and inco�porated 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 for Neighborhood Based Parkland dedication, based upon the Anticipated Construction of the Development Area, is seven and 15/100 (7.15) 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 Planning and Development Department to the Park & Recreation Department. Failure to indicate proposed parlc 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, concept plan, or actual construction. If, however, the Development Parkland is in excess of the amount of parlcland 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 Minimum Neighborhood Based Parkland Dedication: For all areas outside of the Central City, the Policy requires 3.25 acres of Neighborhood Based Parkland dedication per 1,000 population. AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 3 of 20 3.3.1 The minimum amount of acreage required for dedication as Neighborhood Based Parkland, as indicated by the Policy and Anticipated Construction, is: 7.1468 acres =(3.25 x 733 Dwelling Units x 3 Persons per Unit)/1000. 3.4 Minimum Community Based Parlcland Dedication: For all areas outside of the Central City, the Policy requires 3.75 acres of Community Based Parkland dedication per 1,000 population. 3.4.1 The minimum amount of acreage required for dedication as Community Based Parkland, as indicated by the Policy and the Anticipated Construction, is: 8.2463 acres =(3.75 x 733 Dwelling Units x 3 Persons per Unit)/1000. 3.5 If the calculation for required Neighborhood Based Parlcland 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 Based Parkland dedication does not result in thirry (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 Parkland dedication, the Community Based Parkland dedication, or both, in accordance with the Policy. SECTION 4 NEIGHBORHOOD BASED PARKLAND DEVELOPMENT FEE 4.1 If the Development Area requires Neighborhood Based Parkland dedication, as discussed above, a Neighborhood Based Parkland Development Fee is applicable. 4.1.1 The Development Area requires Neighborhood Based Parkland dedication: � Yes ❑ �e 4.2 The Developer must pay a Neighborhood Based Park Development Fee in the amount of one hundred fifty-seven thousand three hundred forty-nine dollars and eighty-four cents ($157,349.84) 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 Parkland 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 Parkland Development Fee Credits: City and Developer � HAVE; ❑ T-� ^ T'� ��r mutually agreed to credits against the Neighborhood Based Parkland Development Fee. The terms of such credits, if any, are more particularly described in Exhibit "B," which is attached hereto and incoiporated herein for all purposes. 4.3.1 If City and Developer have agreed to credits against the Neighborhood Based Parkland Development Fee, then the Developer will expend or cause to be expended the Neighborhood Based Parkland Development Fee in construction costs for site development of neighborhood parlcland (public and private) to include, but not be limited to, the Approved Improvements in Exhibit "C." AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 4 of 20 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 Parkland 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 Parlcland 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 thirty (30) acres, or either does not meet site selection criteria as per the Policy, the Director may recommend that a fee in-lieu-of the Neighborhood Based Parkland dedication, the Community Based Parlcland dedication, or both, be required. 5.1.1 City and Developer � HAVE; ❑ T1 ^�'�T mutually agreed to the payment of fees in lieu of Community Based 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. 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, TRACHING 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 tracicing 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 Parkland 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 appr�oved 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 Cenh•al City Park Flat Fees, payment of Neighborhood Based Parkland Development Fees, or the construction of parkland improvements, then Developer will deliver AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 5 of 20 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 Parlc Flat Fees or Neighborhood Based Park Development Fees required by this Agreement, or construct the Approved Improvements authorized by this Agreement ("Financial Guarantee"), as applicable. The Financial Guarantee must be in an amount sufficiently rept•esentative, in Director's discretion, of the fair marlcet value of the parkland required to be dedicated, Central City Parlc Flat Fees ar Neighborhood Based Parlcland Development Fees owed to the City, or Approved Improvements required for the Development Area, if 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 twenty- four (24) months after issuance of the final plat requiring parlc dedication, payment of fees, or constiuction 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 Parkland Development Fees set forth on the most recent tracking log, minus the amount of Central City Parlc Flat Fees and Neighborhood Based Parkland Development Fees actually expended by Developer, and minus the amount(s) paid by Developer. For the avoidance of ambiguity, City and Developer agree that Developer's obligation to expend or cause to be expended the Central City Park Flat Fee and the Neighborhood Based Parkland Development Fee (and/or make the payments specified in Subsection 3.5 above) is only to the extent Developer has actually completed the Anticipated Construction. 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 conshuction 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 improvements, until such time as the City takes ownership of the parlcland and the associated improvements. AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 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: Parlc & Recreation Department City of Fort Worth 100 Fort Worth Trail, Floor 9 Fort Worth, Texas 76102 fvitlt copies to: Property Owner: KLLB AIV LLC a Delaware limited liability company 6900 E. Camelback Road, Suite 800 Scottsdale, Arizona 85251 Developer: City Attorney's Office Lennar Homes of Texas Land and Construction, LTD. City of Fort Worth 1231 Greenway Drive, Suite 800 Fort Worth, Texas 76102 Irving, Texas 75038 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 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 and 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 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 THE NORTHPOINTE W�ST (PP-22-052) 7 of 20 SECTION 11 COMPLIANCE WITH LAW AND POLICIES This Agreement will be subject to all applicable federal, state, and local laws, ordinances, �ules, 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 �ule of contract construction or inte�pretation that would normally call for the document to be interpreted 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 terni 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 THE NORTHPOINTE WEST (PP-22-052) S of 20 SECTION 17 SEVERABILITY If any of the provisions contained in this Agreement are 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 the provisions 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. AGR�EM�NT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 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 eiectronically 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 FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO BUSINESS AND ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAYRELATE TO, ARISE OUT OF OR BE OCCASIDNED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSIDN, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, A GENTS, ASSOCIA TES, EMPL O YEES, CONTRA CTORS (O THER THAN THE CITY), SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO THE CONSTR UCTION OF PARKLAND AND PARK IMPROVEMENTS OR THE PERFORMANCE OF THIS AGREEMENT. [SIGNATURES ON FOLLOWING PAGE] AGR�EM�NT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 10 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: JJaJta °' Dana Burghdoff Assistant City Manager Date: 07/28/2025 PROPERTYO By: Edward " d" Hadley Authorized Signatory Date: OS\ t)\ o \ 'd.�C DEVELOPER· Lennar Homes of Texas Land and Date: DS/os /-zo?-� FOR CITY OF FORT WORTH INTERNAL PROCESSES: APPROVAL RECOMMENDED: By: By: �� Dave Lewis Director Park & Recreation Department�;}_1•:a JoelMcE�LA Assistant Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY: By: / Qua&t, 7: Trey Qualls Assistant City Attorney Contract Authorization: M&C: NIA Form 1295: NIA 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: Lo�Way 7, 2025 15:33 CDT)Lori Gordon, PLA Planning Manager CITY SECRETARY: By: Jannette Goodall City Secretary AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINTE WEST (PP-22-052) 11 of20 EXHIBIT A DEVELOPMENT AREA AND PARK CONCEPT PLAN DEVELOPMENT AREA _ , � �� � -.- l� ��,�;��� -- 11`�,��` -- s����;, � � � 11� j,��� ���r,? '�� � � � �� _ ' I � ' _ _ .. _ ''� - � r' � I � , . - � _ R a f' ;l � � i'. - --- . --�- ��—�_ .r_.��-...tis--�,- -- ��1 � 1 j� �, � % � � �� • - � � — — -� � � '�' I 4 � _- a� �� —�� �� � � �r -�-= r ! i ��� �_�i� -� �f�_ �� i i} � � I �; ���i � � �- } � r �_ i . � ; � i � � � ��._� -� ' �. � i ��r — :� �i i- , _ � I ���� ��` M ;, � —� i � ��)' i-- � i ,� i �— , _'' � ;' � � � i i � - i � ! Ii ' � � 9 - � � .. ���,; � � �� ii i i ��il�J�o � �i. • ' ' � � 1� --,; ; �-- � � = �' ; � `�- � � � �` _�� �: - i _�� � �/ �t� ' i � —. i— —� ! � � � �- � �i � ' ' �� ����- --__ �'� �l� I �_ �I -�i �- , �; . � ,'�/< M, - ,i� � �'! 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EXHIBIT A- AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINT� WEST (PP-22-052) 15 of 20 �XHIBIT B NEIGHBORHOOD BASED PARI�LAND DEVELOPMENT FEE CREDIT AGREEMENT Neighborhood Park In addition to dedicating approximately 15 acres of land, at three sites, for Neighborhood Based Parkland, the Developer will also construct the following Neighboi•hood Based Parlc amenities, for which it will receive a refund/credit of all Neighborhood Based Parlcland Development Fees: 8,275 sq. ft. concrete trail (approximately 1,379 linear ft. of 6 ft. wide trail) 1-Baslcetball Court with Standai•d 385 linear ft. of retaining walls (height varies) 1 CFW Playground Prototype 2 CFW Shelter Prototypes CFW Standard: 4-Benches 5-Trash Receptacles 8-Picnic Tables Associated grading to ensure sites have positive drainage Seed or sod to stabilize park site surface. (brolcen out by Phase as noted on EXHIBITS A& C) 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 parlcland solutions from the developer are to be presented. City of Fort Worth will not be responsible for maintenance of stream channels. Upon the acceptance of the related improvements and land by the City of Fort Worth City Council, via M&C, and the deed recorded at the Tarrant County Courthouse, development and land fees paid for Neighborhood Based Parkland relating to these phases will be returned to the developer. Neighborhood Park development and land requirements for this development will be fulfilled and no further Neighborhood Parlc fees collected with the remaining phases. The amount to be returned to the developer is approximately: $1,124,547.80 (dependent on the accumulated fees and years development talces until areas are dedicated-see Exhibit F for fee tracicing) This dedication shall fulfill the Neighborhood parlcland dedication requirements for this Development. EXHIBIT B- AGR��MENT CONC�RNING PARIC DEDICATION AND IMPROVEMGNTS FOR TH� NORTHPOINT� W�ST (PP-22-052) 16 of 20 EXHIBIT C LIST OF APPROV�D IMPROVEMENTS A. N 1 1 _'S� 1 1 � 4 � �3�,161 Park Site #1 LS Fuitl Gtatliaig LS P:�'s GxzeUo Shade Stz,unue LF � :uizhle Height Recainuig � :111 LS Pla;-g=onnd Eq,upment !Al1oR•: LS Ba>'set Ball Con:t R7tli Goai Er1 Pu's Bettch Er1 Piauc Tables EA I'tash Receptxcle SF Coc�uosi Beini»da Solid Sod otal: j 1 S, 500.00 56S.�00.00 SS�.00 S 15�,000.04 54�.�00.00 $9�0.40 �4,�6 S.QO a-�0.00 S0.5G bozhood Park Site # B. Neighbodiood Park Sice #2 ,Qt�, Unit Descri tion 1 LS ruial Gtadiug '_ E�i Tzash Receptacle 11S,300 SF Co�on BesiuucLi Soli�i Sod 11S,,i00 SF Complete I:sigatioii S�steni \xtice Seed u:d Tem oru-: Is�eotcion for Easeiue:u 1�3.99'_' SF p � �'� �zex C��1 1 3 100 l 100 4 1 IOS.G•10 l OS.540 i Park Site #3 ������ U►ut '� LS Fuial Gracliug EA B:uuer Fsee Rwips LF �'Lizhle Heigl�t Rec.�iuig Q:ill LS Pir's Gazebo Shtde Stz�icrnre I F �32" ht. \teta2 Huidtail atop Retwiuig �'all E � Piciuc Tables EA Tiass Receptzcle �F Comuioa BesmncLa 5olid Sod SF Comolete Iscio�tion Scstem Tocal: linit P�ice 516.500.00 $?:0.00 $0.5G 50. S4 �0.55 Unit Price 516.�44.00 S 1.350.Op i5�.E0 $6S,�Q0.00 j5S.00 5�.�6S.40 j?�0.00 �0.56 $p.SO od P 51 S, SC�0.00 j6S,500.00 524,'?2i.00 S 1 S �,000.00 $�5.000.00 S�,S00.00 $17,S?_^AO S 1,�00.00 52�._'90.1G 533- Tot:il $16, 500.00 $1,544.Q0 �66,24S.00 59�1.G�0.00 jS,2-t>.GO S18 Toc:il S 16, 500.00 j�i3O�0.00 55.�00.00 j65.�60.00 S�.S00.00 S 1-.5-2.00 $? � 0.0� $GO,S3S.40 556,91'2.00 5269,- Grand Total: Nocth ince West Im tovement S&16,543.1b EXHIBIT C- AGREEMENT CONCERNING PARIC DEDICATION AND IMPROVEM�NTS FOR THE NORTHPOINT� WEST (PP-22-052) 17 of 20 EXHIBIT D F��SHEET Fc�ttT�� r i � ESTIMATED FEES-IN-LIEU OF PARKLAND DEDICATION s�seoo�� 2019 NEIGHBORHOOD AND COMMUNITY PARK POLICY Calendar Year - 2022 OUTSIDE .,��-:.. � ppp NP Ut1iT CP UNtT COUtiCII DISTPICT PARK SERViCE D15TRICT 2 5-17 19 7 2 Prelim;n�ry PP-ZZ-OSZ �+bmitted: 7•25-22 PLATS P�nal Fp S�bmitted: Dste 1 Sinole-Famiiy Ur•:t: 733 E 3 Per:on: per unt Northpoi�te West Z h'��:i-Fsmity Ur.:t:: 0 C� Z Pe�:on: per un�t 3 land Va'ue �per acre): $39,206.6d FMVA September 2021 ~ � 4 Poputa:;oR 6cnented: 2,199 UNE 1(R 3 peran:/ur.it� + UKE 2{v 2 per:or:juni:) COMMUNITY PARK NOTES land Oeditat�on ReGuired LAND fEE TOTAL FEE-IN-LIEU U�E6+UliE iS+Ut�E 17 t:5n15n;eC tee: ¢re ir..r;tea ekctrorica�y ;Veei Fronte�e lF reSairp� i: 33°c Mtne li�eer mee:cre et p;�uert e•ea «��al to L1NE 3 LAND COMPONENT 8.2463 Acres LthE 4 x 3J5 Avr. �per 1,000 Popvi�uon) 5323,309.72� $1,447,857.52 UI:E 3 x UNE 16 �XHIBIT D- AGR��MENT CONC�RNING PARK DEDICATION AND IMPROVEMENTS FOR THE NORTHPOINT� WEST (PP-22-052) 18 of 20 EXHIBIT E PAYMENT OF FEES IN LIEU OF COMMUNITY BASED PARKLAND DEDICATION Developer will pay fees of $323,309.72 in lieu of Community Based Parlcland dedication for the development. �XHIBIT E- AGREEMENT CONCERNING PARIC DEDICATION AND IMPROV�MENTS I�'OR TH� NORTHPOINTE W�ST (PP-22-052) 19 of 20 EXHIBIT F TRACKING LOG 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p d o 0 o d o d d o 0 0 o d d d d d V1 ul N tA Vl Vl a/� V) vl Vl v) In V) VI V1 VI N O a o uf y O � C 3 � � N O O O O O O O O O O O O O O O O O O � �>> 00 O O O O O O O O O O O O O O O O O O O 0 V � 1� O O O O O O O O O O O O O O O O O O p F J O Vf Vl Vl Vl VI Vl N N N Vl Vl Vl V� Vl N ln N Vf N C a �-I � N tl " C � � N N A n n n � O p O � ° r3 '^ "ri � 'fl M M � C N V� E � a � � n n a � w n a G �i � �i Fo � p � > �tJ VI � LL N N 0 0 ^ g o 0 � 'O IV V � N � N � 9 � � W 0 � E � � � ¢ Z c o ^ r Y 3 � �° ; � g � ` N � � OD � Ory0 C 7 3 � $ � o .�-. � ` o � .`�+ � .ai v � � � ri c � 3 � a a z F? � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o � 'c g � � o 0 0 � � c r� o m � � o � LL N u ry '� � O O O O O O O O O O O O O O O O E � t= c ry 0 � � N� n � .a � � a^ M q � � Q 3 � �� M O , N C N a � .a c t 'n t' tEi O � 2 �XHIBIT F- AGRE�MENT CONCERI�tING PARK DEDICATION AND IMPROVGM�NTS FOR THE NORTHPOINT� W�ST (PP-22-052) 20 of 20