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HomeMy WebLinkAbout065771 - Construction-Related - Contract - ZPI Rock Creek, LLCCSCO NO. 65771 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 ZPI Rock Creek, LLC, a Texas limited liability 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 36.437 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 Y; 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 WHEREAS, the Owner has received preliminary plat approval for Rock Creek Ranch, PP -25-048, on 9/17/2025; and OFFICIAL RECORD CITY SECRETARY Transportation Impact Fee Credit Agreement- CA -26-011 FT. WORTH, TX Page 1 of 14 Rock Creek Ranch 8/21/2026 WHEREAS, the Owner has received approval for construction plans (IPRC25-0148) on 6/04/2026, and executed a Community Facilities Agreement (CFA26-0074, CSCO 65456), on 6/29/2026 with a (development bond) financial guarantee, 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 b.. Pte. 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 fmal 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. Assignment. 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 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 Transportation Impact Fee Credit Agreement- CA -26-011 Page 2 of 14 Rock Creek Ranch 8/21/2026 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 -26-011 Page 3 of 14 Rock Creek Ranch 8/21/2026 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 I Jesica McEachern Assistant City Manager Date: 09/02/2026 Recommended By: Dalton Harrell(Aug26, 2026 10:44:04 CDT) DJ Harrell Director, Development Services Approved as to Form and Legality: Douglas Black (Aug 26, 2026 12:18:28 CDT) Douglas Black Assistant City Attorney M&C: None required Form 1295: None required ATTEST: o �6FORT L, faroee %O o, .10 °ao �zw5o Jannette Goodall City Secretary OWNER ZPI Rock Creek, LLC a Texas limited liability company W ake ZaGe W Blake Zale (Aug 25, 2026 16:01:20 CDT) W. Blake Zale Manager 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. Kamal L. Crues Sr. Capital Projects Officer, Development Services Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Transportation Impact Fee Credit Agreement- CA -26-011 Page 4 of 14 Rock Creek Ranch 8/21/2026 EXHIBIT LIST "A" Description of the Property "B" Map of Property "C" Development Plan "D" Eligible Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits Transportation Impact Fee Credit Agreement- CA -26-011 Page 5 of 14 Rock Creek Ranch 8/21/2026 EXHIBIT A Description of Property: Rock Creek Ranch Preliminary Plat, PP -25-048 BEING a 36.437 acre tract of land situated in the Juan Jose Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas, being all of the land described in the deed to ZPI Rock Creek, LLC, as recorded in County Clerk's Instrument No. D225243232, Official Public Records, Tarrant County, Texas, (OPRTCT) and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 capped iron rod stamped "KHA" found for the westernmost corner of said 36.4372 acre tract and in the southeast right-of-way line of Brewer Boulevard, a 110 feet wide public right-of-way, as shown on the plat of Rock Creek Ranch/Tarleton State University Brewer Boulevard, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in County Clerk's Instrument No. D219030365, OPRTCT, and for the beginning of a curve to the left having a radius of 805.00 feet and a chord which bears North 33°37'27" East, a distance of 148.72 feet; THENCE, with the southeast right-of-way line of said Brewer Boulevard and northwest line of said 36.4372 acre tract, the following courses and distances: In a northeasterly direction, with said curve to the left, through a central angle of 10°36'01 ", an arc length of 148.93 feet to a 5/8" capped iron rod stamped "KHA" found for the end of said curve to the left; North 28°19'27" East, a distance of 272.99 feet to a 5/8" capped iron rod stamped "KHA" found for the beginning of a curve to the right, having a radius of 945.00 feet and a chord which bears North 45°36'24" East, a distance of 561.49 feet; In a northeasterly direction, with said curve to the right, through a central angle of 34°33'55", an arc length of 570.10 feet to a 5/8" capped iron rod stamped "KHA" found for the end of said curve to the right; North 62°53'22" East, a distance of 760.04 feet to a 5/8" capped iron rod stamped "KHA" found for the northernmost corner of said 36.4372 acre tract and the northwest corner of a called 13.783 acre tract of land described in the deed to AMFP V CHISHOLM TRAIL, LLC, as recorded in County Clerk's Instrument No. D223207354, OPRTCT; THENCE, with the common line of said 36.4372 acre tract and said 13.783 acre tract, the following courses and distances: South 5°29'44" East, a distance of 468.81 feet to a 5/8" capped iron rod stamped "KHA" found for an interior ell corner of said 36.4372 acre tract and the southwest corner of said 13.783 acre tract; North 88°49'46" East, a distance of 491.46 feet to a 5/8" capped iron rod found (illegible cap) for the easternmost corner of said 36.4372 acre tract, the southeast corner of said 13.783 acre tract and in the northwest right-of-way line of Chisholm Trail Parkway, a variable width right-of-way described in the deed to the State of Texas Controlled Access Highway Facility (called 70.751 acres), as recorded in County Clerk's Instrument No. D207135727, OPRTCT; Transportation Impact Fee Credit Agreement- CA -26-011 Page 6 of 14 Rock Creek Ranch 8/21/26 THENCE, with the southeast line of said 36.4372 acre tract and the northwest right-of-way line of said Chisholm Trail Parkway, the following courses and distances: South 47°09'45" West, a distance of 487.11 feet to a 5/8" capped iron rod stamped "Gorrondona Associates Inc" found for corner; South 39°13'20" West, a distance of 767.36 feet to a 5/8" capped iron rod stamped "MMA" set for corner; South 47°09'45" West, a distance of 846.93 feet to a 5/8" capped iron rod stamped "KHA" found for the southernmost corner of said 36.4372 acre tract; THENCE, North 22°58'33" West, with the west line of said 36.4372 acre tract, a distance of 928.48 feet to the POINT OF BEGINNING and containing 1,587,192 Square Feet or 36.437 Acres of Land, more or less. Transportation Impact Fee Credit Agreement- CA -26-011 Page 7 of 14 Rock Creek Ranch 8/21/26 FXNTRTT R Map of Property: Rock Creek Ranch Preliminary Plat, PP -25-048 a tLIcP R«kY Creek Park Roa Stewart Feltz Road •iQ o. :o Fogata S! TE City (\1Orth----- LOCATION MAP NOT TO SCALD MAPSCO NO TAR -116F COUNCIL DISTRICT 6 OWVER ZP.t ROCK CREEK. DEVELOPER.: ZALE PROPERTIES. LOCATION MAP r TLC T.LC AMA.vr.V 519 E BORDER ST. E D DEZ 8.73 D0tJ t4S AVE ST 1500 DeL-L_-S. 833 DOVVrAs AVE. ST 1500 DALLA 1'HE HAW! xo1�N ARI r.. Tx 78010 I$ 75225 . TA' 75225 -r. v COVIACT P.AT}:R.T}1 ARRUDA CON TACT: BLART T ROCK CREEK mrdtlimma t<xea. cam .UIF. 7. r e• PXQ.�'£: 8107-068-1871 ENA1T. Daelelsete ENAIT. bieeleiswle FORT WORTH tbpels Qt prop<s-tl<a. eom PXQNS: 21s-231-3765 properti<a com PROVE: x1s-sl—x765 CITY PROJECT NO. 106464 er f — 759 B&TE-22756 ,TUNE. 2028 Transportation Impact Fee Credit Agreement- CA -26-011 Page 8 of 14 Rock Creek Ranch 8/21/26 Development Plan: Rock Creek Ranch Preliminary Plat, PP -25-048 L1t / , ATE Pr�,u CDI - ROCK CREEK RANCH LOTS I AND G, HZOC%IO1 TAN, BR JA IJN SENG 7.ALS PROPER27ES �•,"°, BOON BOCK CREEK ywc - m1mia RANCH WEST REVOCABLE TRGS'T ' . c;,a�n—�s ,;,. m �5(sxE , "` nlLfav rdve L ;v£ Transportation Impact Fee Credit Agreement- CA -26-011 Page 9 of 14 Rock Creek Ranch 8/21/26 Eligible Transportation Improvements FORT WORTH Rock Creek Ranch Eligible Transportation Improvements for Credit against Transportation Impact Fees Development Plan Area Roadway Construction ti -- � i G �i� %,,/, Eligible Improvements Reference # Limits Brewer CFA26-0074 Construction of paving, sidewalks, street CPN 106464 lights and drainage IPRC25-0148 Transportation Impact Fee Credit Agreement- CA -26-011 Page 10 of 14 Rock Creek Ranch 8/21/26 EXHIBIT E Credits Against Transportation Impact Fees Rock Creek Ranch Transportation Impact Fee Credit Overview TrIF Eligible Community Facilities Agreement Construction - 75% Eligible City Secretary # CFA # Eligible Arterial CFA26-0074 106464 CPN 106464 Brewer Blvd IPRC25-0148 Value $1,162,864.34 75% COMMUNITY FACILITIES AGREEMENT CREDIT $872,148.26 Engineering, Surveying, and Material Testing = 20% of total eligible construction costs $232,572.87 Transportation Impact Fee Credit $1,104,721.12 TOTAL TRANSPORTATION IMPACT FEE CREDIT $1,104,721.12 Transportation Impact Fee Credit Agreement- CA -26-011 Page 11 of 14 Rock Creek Ranch 8/21/26 Rock Creek Ranch - 75% TrIF credit since roadway is not complete Value of Eligible Community Facilities Agreement Construction, CPN 106464 Bidlist Item No. Description Unit Quantity Bid Eligible Quantity :Uni]:Creditric Available UNIT III: DRAINAGE IMPROVEMENTS 1 2 3305.0107 Manhole Adjustment, Major 9999.0000 Install 10' Curb Inlet Top EA EA 4 5 4 5 $2,500.00 $7,844.00 $10,000.00 $39,220.00 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $49,220.00 UNIT IV: PAVING IMPROVEMENTS 1 0241.1300 Remove Conc Curb & Gutter 3211.0502 8" Lime Treatment 3211.0400 Hydrated Lime 3213.01016" Conc Pvmt LF SY 1,077 6,349 133 1,077 6,349 133 $16.00 $17,232.00 2 $7.00 $44,443.00 3 TN $322.00 $42,932.26 $30,222.00 $604,198.00 $110,214.00 4 SY SY 414 5,866 414 5,866 $73.00 $103.00 5 3213.0105 10" Conc Pvmt 6 3213.0301 4" Conc Sidewalk SF 16,956.0 16,956 $6.50 7 3216.01016" Conc Curb and Gutter LF 4,299 4,299 $5.00 $3.50 $21,495.00 $2,576.00 $11,151.00 8 3217.0102 6" SLD Pvmt Marking HAS (Y) 3217.0103 6" BRK Pvmt Marking HAS (W) LF 736 736 9 LF LF 3,186 518 3,186 518 $3.50 10 3217.0201 8" SLD Pvmt Marking HAS (W) $4.00 $2,072.00 11 3217.0403 18" SLD Pvmt Marking HAE (Y) LF 42 42 $17.00 $714.00 12 3217.0501 24" SLD Pvmt Marking RAE (W) 3217.1002 Lane Legend Arrow 3217.1004 Lane Legend Only LF 11 11 $72.00 $792.00 $1,800.00 13 EA 6 6 $300.00 $600.00 14 EA 6 106 1,782 6 $3,600.00 $1,219.00 $4,455.00 15 3217.2104 REFL Raised Marker TY H -C -R EA 106 1,782 $11.50 16 3217.4301 Remove 4" Pvmt Marking EA $2.50 17 3217.4307 Remove Raised Marker EA 45 978 45 978 $10.00 $50.00 $450.00 $48,900.00 18 3291.0100 Topsoil CY 19 3292.0100 Block Sod Placement 3471.0003 Traffic Control Details 9999.0000 Temporary Irrigation (Water Source to be provided by others) SY 3,912 3,912 $7.00 $27,384.00 $8,000.00 $9,154.08 20 EA 1 35,208 1 35,208 $8,000.00 21 SF $0.26 TOTAL UNIT TV: PAVING IMPROVEMENTS $993,003.34 Transportation Impact Fee Credit Agreement- CA -26-011 Page 12 of 14 Rock Creek Ranch 8/21/26 UNIT V: STREET LIGHTING IMPROVEMENTS 1 3441.3502 Relocate Street Light Pole 2605.3015 2" CONDT PVC SCH 80 (T) 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor 3441.1501 Furnish/Install Ground Box Type B 3305.0103 Exploratory Excavation of Existing 3441.1645 Furnish/Install Type 33A Arm EA 4 1,159 4 1,159 $5,500.00 $22,000.00 2 LF $27.00 $4.00 $31,293.00 $13,908.00 3 LF 3,477 _ 3,477 4 EA 5 5 $2,670.00 $13,350.00 5 EA 4 4 $185.00 $740.00 6 EA 9 9 $851.00 $7,659.00 7 3441.1703 TY 3 Signal Foundation EA 4 9 4 $3,891.00 $15,564.00 8 3441.3201 LED Lighting Fixture EA 9 $903.00 $8,127.00 TOTAL UNIT V: STREET LIGI-ITING IMPROVEMENTS $112,641.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS 1 344 1.4003 Furnish/Install Alum Sign Ground Mount City Std. EA 5 5 $1,600.00 $8,000.00 TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS $8,000.00 Bid Summary UNIT III: DRAINAGE IMPROVEMENTS $49,220.00 UNIT IV: PAVING IMPROVEMENTS $993,003.34 UNIT V: STREET LIGHTING IMPROVEMENTS $112,641.00 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS $8,000.00 VALUE OF CFA26-0074, CPN 106464 ELIGIBLE CONSTRUCTION SUBTOTAL $1,162,864.34 Transportation Impact Fee Credit Agreement- CA -26-011 Page 13 of 14 Rock Creek Ranch 8/21/26 nvrrrnrm r Allocation of Credits Credits shall be allocated by the Owner(s) on a first -come, first -served basis within the preliminary plat boundary of Rock Creek Ranch Preliminary Plat, PP -25-048 and shall run with the land; provided, however, that no development within the boundary shall have the right to utilize credits under this agreement unless the Owner submits to the City a written request or notice approving the use of credits for the applicable development. __1 Transportation Impact Fee Credit Agreement- CA -26-011 Page 14 of 14 Rock Creek Ranch 8/21/26 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: ZPI Rock Creek LLC Subject of the Agreement: Road construction M&C Approved by the Council? * Yes ❑ No II 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 0 No ❑ If unsure, see back page 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 ACM signs If different from the approval date. Expiration Date: 10 years from when ACM signs 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. CA -26-011 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No 0 Contracts need to be routed for CSO processing in the following order: 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.