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HomeMy WebLinkAbout065537 - Construction-Related - Contract - 2933 Chapel Creek LLCCity Contract Number: 65537 AGREEMENT FOR PAYMENT OF TRANSPORTATION IMPACT FEE BETWEEN THE CITY OF FORT WORTH AND 2993 CHAPEL CREEK 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 2933 Chapel Creek LLC, a Texas limited liability company authorized to do business in Texas (the "Developer") (the City and the Developer a "Party", and collectively, the "Parties"). RECITALS WHEREAS, the Developer is developing a 877 square foot commercial building, which will become a free-standing snow cone and smoothie shop ("Project"); and WHEREAS, one (1) building permits for the Project is ready to be issued, but the transportation impact fees due for building permit has 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 Permit Number Transportation Impact Fee Due 10200 Westpoint Blvd PB25-15784 $47,235.29 2. PAYMENT OF IMPACT FEES The City and Developer agree that the Developer will pay 100% of each transportation impact fee assessed on each building permit listed in Section 1 of the Agreement prior to the scheduling of any building inspections. The City will not schedule any inspections until the transportation impact fees have been paid to the City. The Developer understands that the building permit(s) will not be issued until the permit documents are approved and all fees other than the transportation impact fee(s) are paid as applicable for each building permit listed in Section 1 of the Agreement has been received by the City. OFFICIAL RECORD CITY SECRETARY 2933 Chapel Creek LLC Payment Arrangement Page 1 of 5 7/9/2026 FT. WORTH, TX 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 the scheduling of any inspections 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: Attn: City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: Attn: Philip Ferrant 2993 Chapel Creek, LLC 602 Magic Mile Street Arlington TX 76011 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 2933 Chapel Creek LLC Payment Arrangement Page 2 of 5 7/9/2026 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. 11. INDEMNIFICATION DEVELOPER HEREBYCOVENANTSAND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND 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, INCL UDING DEATH, TO ANYAND 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 2933 Chapel Creek LLC Payment Arrangement Page 3 of 5 7/9/2026 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] 2933 Chapel Creek LLC Payment Arrangement Page 4 of 5 7/9/2026 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: 07/17/2026 Recommended By: Dalton Harrell (Jul 16, 2026 14:00:42 CDT) DJ Harrell Director, Development Services Approved as to Form and Legality: Douglas Black (Jul 16, 2026 17:23:14 CDT) Douglas Black Assistant City Attorney M&C: None required Form 1295: None required ATTEST: a FORT��a v° 0 8 n/ Ppp'f °oD o'id Kite Laxccer?ii loan nEXa?o44 Jannette S. Goodall City Secretary DEVELOPER 2933 Chapel Creek LLC a Texas limited liability company Phillip Ferr t (Jul 14, 2026 16:48:30 CDT) Philip Ferrant Authorized Member Date: 07/14/2026 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. Kamal L. Crues Sr. Capital Projects Officer, Development Services OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2933 Chapel Creek LLC Payment Arrangement Page 5 of 5 7/9/2026 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: 2933 Chapel Creek LLC Subject of the Agreement: Payment arrangement for Transportation Impact Fees Building permit P1325-15784. M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: When the ACM sign If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. PB25-15784 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.