HomeMy WebLinkAboutContract 63827CSCO NO. 63827
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 HMH Palmilla Springs Development, INC., a Texas Corporation 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 64.869 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 area S; 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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Transportation Impact Fee Credit Agreement- CA-25-263 Page 1 of 15
Palmilla Springs Ph 5 7/28/2025
WHEREAS, the Owner has received preliminary plat approval for Palmilla Springs, PP-
05-077, on 10/11/2006; and
WHEREAS, the Owner has dedicated 19,971 square feet of right-of-way for Chapin Road
with FP-20-056, recorded as Instrument D221051065, on 02/26/2021; and
WHEREAS, the Owner has received approval for construction plans (IPRC19-0248) on
03/17/2020, and executed a Community Facilities Agreement (CFA20-0057, CSCO 54498), on
09/17/2020, and obtained final acceptance by the City for Chapin Road, City Project Number
102450, on 12/02/2021.
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
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
Transportation Impact Fee Credit Agreement- CA-25-263 Page 2 of 15
Palmilla Springs Ph 5 7/28/2025
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-25-263 Page 3 of 15
Palmilla Springs Ph 5 7/28/2025
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 McEachem
Assistant City Manager
Date: Aug 18, 2025
Recommended By:
Dalton Harrell (Aug 12, 2025 12:13:26 CDT)
DJ Harrell
Director, Development Services
Approved as to Form and Legality:
Douglas Black (Aug 12, 2025 22:45:01 CDT)
Douglas Black
Assistant City Attorney
M&C: None required
Form 1295: None required
ATTEST:
Jannette Goodall
City Secretary
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DEVELOPER
HMH Palmilla Springs Development, Inc.
Nelson Mitche ug5,202511:31:06 CDT)
B. Nelson Mitchell Jr.
CEO and Secretary
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.
nifer R berts (Aug :59:07 CDT)
Jennifer H. Roberts
Assistant Director, Development Services
Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Transportation Impact Fee Credit Agreement- CA-25-263 Page 4 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT LIST
"A" Description of the Property
"B" Map of Property
"C" Development Plan
"D" Eligible Transportation Improvements
"B" Credits Against Transportation Impact Fees
"F" Allocation of Credits
Transportation Impact Fee Credit Agreement- CA-25-263 Page 5 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT A
Description of Property: Palmilla Springs Phase 5 Final Plat, FP-20-056
WHEREAS JPMorgan Chase Bank, National Association, successor to BanL One Trust
Company, NA, as Trustee of the Mary Leonard Children's Trust. Madelon Leonard Bradshaw,
Miranda Leonard, and Martha V. Leonard a/k/a/ Martha Leonard Griffith, are the owners of
64.920 acres of land, situated in the C.K. Gleason Survey. Abstract No. 559, and the James
Johnson Survey, Abstract No. 871, City of Fort Worth, Tarrant County, Texas, being portions of
those certain tracts of land described in deeds to JPMorgan Chase Bank, National Association,
successor to Bank One Trust Company, NA. as Trustee of the Mary Leonard Children's Trust.
Madelon Leonard Bradshaw, Miranda Leonard, and Martha V. Leonard Tal Martha Leonard
Griffith, according to the deeds filed in Volume 6382. Page 327, Volume 8034. Page 1030,
Volume 12 10 1, Page 1258 and Volume 14240. Page 48, Deed Records of Tarrant County, Texas
(D.R.T.C.T.), and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "TNP" recovered at the north comer of Lot
Ix, Block 8, Palmilla Springs, an addition to the City of Fort Worth, Tarrant County, Texas, as
filed in Instrument #D218073564, Plat Records of Tarrant County, Texas (P.R.T.C.T.), also
being in the south right-of-way (R-O-W) line of Chapin Road (80' R-O-W per said Inst. #D21
8073564, P.R.T.C.T.), and being the northeast comer of said JPMorgan Chase Bank remainder
tract;
THENCE along the west line of said Lot Ix, and along the east line of said JPMorgan Chase
Bank remainder tract, the following courses and distances;
S 02°21'40" W, a distance of 262.42 feet to a 5/8 inch iron rod recovered with cap stamped "TNP"; S
29°24'58" E, a distance of 200.99 feet to a 5/8 inch iron rod recovered with cap stamped "TNP";
S 00°00'21" W, a distance of 944.76 feet to a 5/8 inch iron rod recovered with cap stamped '"r; S
16°44'56" E, a distance of 48.30 feet to a 5/8 inch iron rod set with cap stamped "TNP';
THENCE leaving said Lot Ix, over and across said JPMorgan Chase Bank tract, the following
courses and distances; S 78°20'03" W, a distance of 461.48 feet to a 5/8 inch iron rod set with
cap stamped "TNP":
S 79°21' 12" W, a distance of 146.44 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S
68°27'00" W, a distance of 155.67 feet to a 5/8 inch iron rod set with cap stamped "TNP":
S 83°22'29" W, a distance of 140.51 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S
87°03'45" W, a distance of 58.44 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N
89°30'55" W, a distance of 264.41 feet to a 5/8 inch iron rod set with cap stamped"TNP,';
N 00°29'02" E, a distance of 293.30 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the
beginning of a tangent curve to the left, whose radius is 460.00 feet and whose long chord bears
N 08' 19'51" W, a distance of 140.98 feet;
Along said curve in a northwesterly direction through a central angle of 17°37'46", an are
distance of 141.54 feet to a 5/8 inch iron rod with cap stamped "TNP", set at the end of said
curve;
N 17°08'44" W, a distance of 20.41 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the
Transportation Impact Fee Credit Agreement- CA-25-263 Page 6 of 15
Palmilla Springs Ph 5 7/28/2025
beginning of a tangent curve to the right, whose radius is 607.00 feet and whose long chord bears
N 08°25'17" W, a distance of 184.13 feet;
Along said curve in a northwesterly direction through a central angle of 17°26'53", an arc
distance of 184.85 feet to a 5/8 inch iron rod with cap stamped "TNP", set at the end of said
curve;
N 0098'09" E, a distance of 49.18 feet to a 5/8 inch iron rod set with cap stamped r ; N
S9°41'51" W. a distance of 163.50 feet to a 5/8 inch iron rod set with cap stamped "TNP"; S 00'
18'09" W, a distance of 2.15 feet to a 5/8 inch iron rod set with cap stamped "TNP";
N 89°41'51 W, a distance of 11 LTO feet to a 5/8 inch iron rod set with cap stamped "TNP";
S 00' 18'09 W, a distance of 11.00 feet to a 5/8 inch iron rod set with cap stamped "TNP";
N 89°41'51 W, a distance of 371.00 feet to a 5/8 inch iron rod set with cap stamped "TNP" at the
beginning of a tangent curve to the left, whose radius is 25.00 feet and whose long chord bears S
45' 18'09" W, a distance of
35.36 feet;
Along said curve in a southwesterly direction through a central angle of 90°00'00", an arc
distance of 39.27 feet to a 5/8 inch iron rod with cap stamped "TNP", set at the end of said curve;
N 89°32'00" W, a distance of 50.00 feet to a 5/8 inch iron rod set with cap stamped "TNP"; N 00'
18'09" E, a distance of 55.86 feet to a 5/8 inch iron rod set with cap stamped "TNP' ;
N 89°4F51" W, a distance of 124.51 feet to a 5/8 inch iron rod with cap stamped "TNP", set in
the west line of said JPMorgan Chase Bank tract, also being in the east line of a sact of land
conveyed to Lee M. Bass,
Trustee for the 820 Management Trust, as filed in Volume 13824, Page 339, D.R.T.C.T.;
THENCE N 00028'00" E, along the west line of said JPMorgan Chase Bank tract, and along the
east line of said Lee
M. Bass tract. a distance of 1040.00 feet to a 5/8 inch iron rod found in the approximate
centerline of County Road 1029, also being the northwest corner of said JPMorgan Chase Bank
tract, and also being the northeast corner of said Lee M. Bass tract;
THENCE S 89041'51" E, along the north line of said JPMorgan Chase Bank tract, and along the
approximate centerline of said County Road 1029, a distance of 499.22 feet to the northwest
corner of R-O-W dedication for Chapin Road (per Inst. #D218245473, P.R.T.C.T.), and being
80' in width;
THENCE S 00018'09" W, continuing along the northerly line of said JPMorgan Chase Bank
remainder tract, and along the west end of said R-O-W dedication, a distance of 40.00 feet to the
southwest corner of said R-O-W dedication for Chapin Road;
THENCE along the north line of said JPMorgan Chase Bank remainder tract, and along the south
line of said R-O-W dedication for Chapin Road, the following courses and distances;
Transportation Impact Fee Credit Agreement- CA-25-263 Page 7 of 15
Palmilla Springs Ph 5 7/28/2025
S 89°41'51" E, a distance of 1011.78 feet to a 5/8 inch iron rod with cap stamped "TNP".
recovered at the southeast corner of said R-O-W dedication (per Inst. #D218245473,
P.R.T.C.T.), also being the southwest corner of aforementioned R-O-W dedication (per Inst.
#D218073564, P.R.T.C.T.), and being the beginning of a tangent curve to the right, whose radius
is 1610.00 feet and whose long chord bears S 81 °03'43" E, a distance of 483.47 feet.
Along said curve in a southeasterly direction, through a central angle of 171CIS", an arc
distance of 485.30 feet to the
POINT OF BEGINNING and containing 64.869 acres of land.
Transportation Impact Fee Credit Agreement- CA-25-263 Page 8 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT B
Map of Property: Palmilla Springs Phase 5
im
PHASE
NEATHEOORD
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HAPIN v
Transportation Impact Fee Credit Agreement- CA-25-263 Page 9 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT C
Development Plan: Palmilla Springs Phase 5 Final Plat, FP-20-056
np
FP-20-056
PAI.IQLLA 9PRING3`
FP 20Y4056
�... _„•+, �PALMILLA SPRINGS
Transportation Impact Fee Credit Agreement- CA-25-263 Page 10 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT D
Eligible Transportation Improvements
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Palmilla Springs Ph 5
Eligible Transportation Improvements for
Credit against Transportation Impact Fees
Key
- Development Plan Area
- Right -of -Way Dedication /
Roadway Construction
M--
'--4, J l .1'` 1 ti
Eligible Improvements Reference # Limits
Chapin Road FP-20-056 Right-of-way dedication
Chapin Road CFA20-0057 Construction of two lanes, paving and
CSCO 54498 CPN 102450 drainage
IPRC 19-0248
Transportation Impact Fee Credit Agreement- CA-25-263 Page 11 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT E
Credits Against Transportation Impact Fees
Palmilla Springs Phase 5
Transportation Impact Fee Credit Overview
Value of ROW Dedication
Instrument # Final Plat # Eligible Arterial
D221051065 FP-20-056 Chapin Road
TOTAL ROW TRANSPORTATION IMPACT FEE CREDIT
Value
$37,745.19
$37,745.19
TrIF Eligible Community Facilities Agreement Construction -100% Eligible
City Secretary # CFA # Eligible Arterial Value
CFA20-0057
CSCO 54498 CPN 102450 Chapin Road $444,401.18
IPRC 19-0248
Engineering, Surveying, and Material Testing 20% of total $88,880.24
eligible construction costs
TOTAL COMMUNITY FACILITIES AGREEMENT CREDIT $533,281.42
TOTAL TRANSPORTATION IMPACT FEE CREDIT $571,026.61 1
Transportation Impact Fee Credit Agreement- CA-25-263 Page 12 of 15
Palmilla Springs Ph 5 7/28/2025
Right -of -Way Valuation for Palmilla Springs Ph 5
Valuation Method 1- Percentage of TIP Project Cost
Eligible Arterial
2022 Transportation Improvements Plan Project Number
Estimated Construction Costs from 2017 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
Chapin Road
5-22
$1, 349,000
$269,800
1,785
80
$0
142800
$1.89
Chapin Road
102450
$444,401.18
$88,880
1,785
40
0
71,400
$1.25
Chapin Road
42746220
2,525
$1.00
$0.01
Chapin Road
D221051065
F P-20-056
2/26/2021
19,971
$1.89
$37,745.19
Transportation Impact Fee Credit Agreement- CA-25-263 Page 13 of 15
Palmilla Springs Ph 5 7/28/2025
Palmilla Springs Ph 5
Value of Eligible Community Facilities Agreement Construction, CPN 102450
Bidlist
Item
No.
Description
Unit
Eligible
Quantit
Unit Price
Credit
Available
UNIT III: DRAINAGE IMPROV
�MENTS
1
0241.4201
Remove 4' Drop Inlet
0241 14
1
$950.00
$950.00
2
3305.0109
Trench Safety
3305 10
878
$0.41
$359.98
3
3341.0201
21" RCP, Class III
3341 10
66
$63.29
$4,177.14
4
3341.0208
27" RCP, Class III
3341 10
30
$91.32
$2,739.60
5
3341.0302 30" RCP, Class III
3341 10
782
$102.85
$80,428.70
6
3349.0001 4'x4' Storm Junction Box
3349 10
1
$4,215.75
$4,215.75
7
3349.5001 10' Curb Inlet
33 49 20
3
$5,611.88
$16,835.64
8
9999.0003 Relocate existing 6' Drop
$9,154.23
Inlet
00 00 00
1
$9,154.23
TOTAL UNIT III: DRAINAGE IMPROVEMENTS
I
$118,861.04
UNIT IV: PAVING IMPROVEMENTS
1
0241.1100 Remove Asphalt Pvmt
0241 15
2156
$14.95
$32,232.20
2
3211.0400 Hydrated Lime
32 11 29
44
$161.51
$7,106.44
3
3211.0502 8" Lime Treatment
(36lb/SY)
321129
2643
$3.30
$8,721.90
4
3212.0302 2" Asphalt Pvmt Type D
3212 16
229
$30.00
$6,870.00
5
3212.0501 4" Asphalt Base Type B
3212 16
229
$60.41
$13,833.89
6 3213.0301 4" Conc Sidewalk
7 3213.0506 Barrier Free Ramp, Type P-
1
8 3305.0107 Manhole Adjustment, Minor
9 3471.0001 Traffic Control
10 9999.0004 7.5" Concrete
9999 0005 Pavement Markin s/
32 1320 6,986 $5.75 $122,688.00
32 1320
4 $1,647.35
$6,589.40
3305 14
2 $226.91
$453.82
3471 13
1 $8,000.00
$8,000.00
00 00 00
2461 $43.09
$106,044.49
00 00 00
11 g
Signage 1 $13,000.00 $13,000.00
TOTAL UNIT IV: PAVING IMPROVEMENTS _ I $325,540.14
Bid Summary
UNIT III: DRAINAGE IMPROVEMENTS I $118,861.04
UNIT IV: PAVING IMPROVEMENTS $325,540.14
UNIT V: STREET LIGHTING IMPROVEMENTS $0.00
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS $0.00
CPN 102450 ELIGIBLE CONSTRUCTION SUBTOTAL $444,401.18
Transportation Impact Fee Credit Agreement- CA-25-263 Page 14 of 15
Palmilla Springs Ph 5 7/28/2025
EXHIBIT F
Allocation of Credits
Credit shall be allocated on a first -come, first -served basis to building permits within the final
plat boundary of Palmilla Springs Final Plat, FP-20-056 and shall run with the land
FP-20-056
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e\:�.��— _tea-•-- _..w__..,-...,..
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FP-20-056
\
_ PALMILLA SPRINGSr
Transportation Impact Fee Credit Agreement- CA-25-263 Page 15 of 15
Palmilla Springs Ph 5 7/28/2025