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HomeMy WebLinkAbout066031 - Construction-Related - Contract - Rocky Creek Crossing LTD.CSC No. 66031 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS ROCKY CREEK CROSSING (PP -21-092) This AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, Rocky Creek Crossing LTD., a Texas limited partnership ("Developer"), and C.I.L. Holdings LLC, a Texas limited liability company (Company), its General Partner acting by and through its duly authorized representative. City, Developer, and Company are referred to herein individually as a ("Party") and collectively as the ("Parties"). WHEREAS, Developer and Company, or one or more of its affiliates, are constructing the ROCKY CREEK CROSSING in the City of Fort Worth; and WHEREAS, the Parties desire to establish a formal written agreement relating to the parkland dedication improvement requirements, improvement credits and land or improvement refunds related to the ROCKY CREEK CROSSING. NOW THEREFORE, City and Developer agree as follows: OFFICIAL RECORD CITY SECRETARY SECTION 1 FT. WORTH, TX BACKGROUND AND PURPOSE 1.1 Developer and Company, or one or more of its affiliates, are constructing, or causing to be constructed, the ROCKY CREEK CROSSING ("Development Area") in the City of Fort Worth. The Development Area means the property that is owned by the Developer, which is more particularly identified in Exhibit "A" - Development Area and Park Concept 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, Developer, and Company acknowledge that this Agreement is not intended to supersede the Policy; rather, it is meant to identify certain specific responsibilities and obligations of the parties as they relate to the Policy. To the extent that the Policy conflicts with the terms agreed to herein by the parties, 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 parties 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, AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 1 of 20 that such changes to the Policy will be only applied on a prospective, and not retroactive, basis for legally vested rights. 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 (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: ❑ Yes ® 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. City 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 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 2 of 20 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. 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 EIGHT (8) acres of total parkland within the Development Area, which are identified in Exhibit "A" - Development Area and Park Concept Plan as a Neighborhood 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 EIGHT (8) 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 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 Anticipated Construction; whether by preliminary plat, concept plan, or 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. AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 3 of 20 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: 8.0048 AC [3.25 x 821 Dwelling Units) x (3 Persons/Unit)/1000]. 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: 9.2363 AC [3.75 x (821 Dwelling Units) x (3 Persons/Unit)/ 10 00] 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 thirty (30) 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 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 Parks: ® Yes ❑ No 4.2 The Developer must pay a Neighborhood Based Park Development Fee in the amount of One hundred fifty nine thousand, sixty-six and 69/100 dollars ($159,066.69) 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 Park 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 Park Development Fee Credits (refund): City and Developer ® HAVE; ❑ HAVE 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 the 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 fmal plat and seek reimbursement thereafter, unless otherwise agreed to AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 4 of 20 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 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 Parkland 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 thirty (30) 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 Park 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. 5.1.2 City and Developer ® HAVE; ❑ HAVE NOT mutually agreed to the payment of fees in lieu of Community Park 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, 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 may 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 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 Central City Park Flat Fees, the payment of Neighborhood Based AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 5 of 20 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 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 24 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 most recent Tracking Log, minus the amount of Central City Park Flat Fees and Neighborhood Based Park Development Fee 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 Fee or the Neighborhood Based Park Development Fee (and/or make the payments specified in Subsections 3.5) 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 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 ROCKY CREEK CROSSING (PP -21-092) 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 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 City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Developer: Rocky Creek Crossing, Ltd., 13141 Northwest Frwy Houston, Texas 77040 Attn: Sean Mulroony Company: C.I.L. Holdings, LLC. 13141 Northwest Frwy Houston, TX 77040 Attn: Patrick Carrigan -Smith with a copy to: Camillo Companies Legal Department 13141 Northwest Frwy Houston, Texas 77040 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 7 of 20 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 or 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. 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 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 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 8 of 20 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. 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 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 9 of 20 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 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. 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. 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 MAY RELATE 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 NEGLIGENT ACT OR AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 10 of 20 OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), SUBCONTRACTORS, LICENSEES, OR INVITEES RELATED TO THE CONSTRUCTION OF PARKLAND AND PARK IMPROVEMENTS OR THE PERFORMANCE OF THIS AGREEMENT. SECTION 25 ENTIRE AGREEMENT This Agreement (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Developer. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 11 of 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City of Fort Worth: bay r3kdcff By: Dana Burghdoff (Oct 1 , 2026 10: - 57 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: 10/12/2026 Rocky Creek Crossing, Ltd., a Texas Limited Partnership By: C.I.L. Holdings LLC, a Texas limited liability company, its General Partner PatriGK Carrigan-Svnith By: Par k r rn_c rh 9a )— Name: Patrick Carrigan -Smith Title: Vice President Land & Development Date: 09/29/2026 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: Teresa Thowasoi'i By: Teresa Thomason (Oct 12, 2026 07:39:24 CDT) Name: Tereas Thomason Title: Deputy Director By: U Name: Joel McElhany Title: Assistant Director Approved as to Form and Legality ■ m�By: Name: Hye Won Kim 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. By: Name: Lori L Gordon Title: Planning Manager City Secretary: 4FOA>°pa �e Cd°°n�x o546 By: Name: Jannette Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 12 of 20 EXHIBIT A DEVELOPMENT AREA AND PARK CONCEPT PLAN DEVELOPMENT AREA > r MCM4CRSDN BLVD URY ROAD - �, i"MRwm R.Q.9'.) 0 0 2AChiAIiY' PENN aslw Y CXjD229044041 alllY Y ° CLyy DRIDGET EAST'ON n ° VOL. 13593, PG, 199 9- ,9 L 0 L slurlxrx°1:'e. WALSH RANCHES LP VIOL 12924, PG. 92 O.P.t.CT_ wraQ'ialr - SO' €LECTIdCC EN' JERRY KIRK LEDY0.RD VOL. 11499. P9, 142 OP EB C Tl1--SOKN7T[11 A910 SYLVLI DEONATH VOL 10533, O. 313 IT T —h DEONATH LN1NG T C.C. D2121741 O.P.R.TJ T. rt ¢id STACI LEA NWO C.C.+ D21624141 O.P.R.T.C_T. IMJ ITlI SIRISET 5 IIODITIO C-C.y P19817444 -U EDWARD DELIETR d COI D20S1592 ROY C ANO C.C.# 02 1 30 296 28 0,P.R.T,C.T. \T: tcb STEWIRT FELT2 RC iJg96'VJ71 - 9'.r •W.. OLD CRANBURY ROAD (COUNTY RCJID 16E9� E`er mlra 7rvC ( RD•.} o 7 AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 13 of 20 EXHIBIT Al DEVELOPMENT AREA AND PARK CONCEPT PLAN PARK AREA ]9rri�.ai7aNi�S]r,,mn,� �� Fi' fi E`gs 1 61.E jp JJ,; I - _ - t I RA 6 1 1 ly ' t� - O B 2 E 4 E p! \ l AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR ROCKY CREEK CROSSING (PP -21-092) 14 of 20 EXHIBIT B FEE CREDIT AGREEMENT Dedicate approximately 8.23 acres of land of the required 8.0048 acres, of which approximately 4.87 acres is out of the floodplain, to the City of Fort Worth as a Neighborhood Based Park. The Developer will also construct, at a minimum, the following Neighborhood Based Park amenities: A City of Fort Worth approved prototype: Picnic Shelter (2) Playground (2 each) minimally meeting the design requirements outlined in the City of Fort Worth Design Standards Manual (2026 version) Half court (multi -use) court with basketball standard ( 1 ) Minimum 6' wide, walking trail (concrete): minimum 1,987+/ - linear feet Grading to ensure site has positive drainage Seed or sod to stabilize park site surface. Once the Park Improvement construction is accepted by the City and Neighborhood Parkland is deeded to the City of Fort Worth, the Neighborhood Parkland and Development fees paid will be returned to the developer. EXHIBIT B - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE ROCKY CREEK CROSSING (PP -21-092) 15 of 20 EXHIBIT C LIST OF APPROVED IMPROVEMENTS Picnic Shelter (City of Fort Worth approved prototype) Playground standards minimally meeting the play elements in the 2026 Design Standards Manual Half -Court multiuse court with Basketball Standard (City of Fort Worth approved prototype) Baseball backstop (City of Fort Worth approved prototype) Minimum 6' wide, walking trail- (concrete) 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 ROCKY CREEK CROSSING (PP -21-092) 16 of 20 EXHIBIT Cl LIST OF APPROVED IMPROVEMENTS ESTIMATE OF PROBABLE COST ZJA Project: Rocky :reek NoighborIrood 'ark 000 Date: Septemiter 30. 2024 Neighborhood Park Area - R_23 AC ar scape Improvements 4 Item (Lfantlry Jolt LIn -C r Tntal 1 Site Preparation/ Grading 3.23 AC $ _0,000,00 $ 82,300-00 2 'B• Conn 010 Wrlk/ Tr,rll 2,393 LP $ 4200 $ 140,596 00 3 32'Park Shelter wit, Reinforced Concrete Slaband PienloTables 1 LS $ 30,00t= $ 90,000 00 4 Playground /Equipment, ronereteedge, 430 ramp, and drainagesysteml 2 LS S 300,000,00 S 000,000.00 -Irk/ 3,,'kclnp, 1 IS S 5 030 00 S S n0il 0n 0 Multi use Coo I wit', BaAetball Goal I L5 $ 10,000.00 5 20.000.00 I b'tlen[h with Solrlfar,.red Convete ]lab 7 PA 2,500.00 $ 1/.500.0. S lra.hRo_oploJo w th REinloroed Cun[re:e Pad 2 EA $ 2,509.00 $ S, L'.0.0. Culrerl Crorri ng 1 EA $ 1000.00 $ /1202 00 Parrine lot (Icolodine curbnl 505 54 70.00 5 35.350.00 �11 Mabiliza-ion, Striping, and Tra'flc Control 1 LS 5 8,000.00 5 9,000.00 Total Iiardscape Imprwementa $ 9T0,BSC.00 Landscape Improvements 4 kern Cluantity Ilnit nn1 ens/ meal 1 3' Cal. Tree 37 EA $ 650.,40 '5 24,050. 2 '4" Bed Prep 967 50 s 3,00 $ 4,.835.00 3 Snub Area 2.007 50 S 5,00 5 10.000.00 4 Solid S., turf L3,323 57 $ 0.40 $ 5,329.60 L 0! F 11'yA' Lt,n ' a, 3!!!(403i00) 1 AC 5,0.0.00 15. 000. 6 1" IAetcr and lap Fppaoum/di 2 EA $ 5,000.00 S 10,000.00 1 Ir rigalior Qandveapo bedsar,d sod} L4,681 54 1.50 22,03Q50 Told 1 andonmapn Imprnonmanre 9],745.70 Total Neighborhood Park Area Improvements I $ 1,051,901.10 EXHIBIT C - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE ROCKY CREEK CROSSING (PP -21-092) 17 of 20 EXHIBIT D FEE SHEET FI]IrT RTH ESTIMATED FEES -IN -LIEU OF PARKLAND DEDICATION vuTSICE �•"r"'i DONN 2019 NEIGHBORHOOD AND COMMUNITY PARK POLICY r Calendar Year - 2021 NP UNIT i F' U', ? COUNCIL DISTRICT PARK SERVICE DISTRICT 1 1-15 1 6 SOUTH PL�TS PreIimirary PP -21-I]09 J Submitted: 11-2-21 f"aral F P Submitted: Date Rocky [teak Crossing Single -Family Units: 821 @ 3Persoc per unit 2 3 Multnriiy Units: Land Value (per ace): 0 $65,000.00 0 Z Persons per unit FMVA 6/12/2023 4 Population generated: 2,463 UNE 1(x3 3 per/unit)+ LINE 2 {x 2 persons/wilt) LAND COMPONENT 5 U. c = e ::: or F.ec _ �etii: 8.0048 Acres LINE 4 x 3.25 Aper 1.000 Populabkin) 6 LAND FEE= $520,312.0D* LINE 3 x LINE 5 7 NEIGHBORHOOD a PARK 9 10 11 12 13 14 15 Street Frontage Required: DEVELOPMENT FEE- Street Frortage Cost: Water Infrastructure Cost: Sewer Infrastrr ui re Cost: Conference Cost: Civil Enneering Cost: 0esiFn En8ineering Cost: INFRA' TRUCYURE FEE: DEVELOPMENT COMPONENT 827 LF $656,169.7* $31,806.42 $21,973.39 $2}1,297.26 $7,807.71 $5,465.39 $5,4.65.39 $96■815.56* See Notes LINE 5K $01,47'2 per acre LINE 7 K $38.45 (may dsars a at final Pth) LINE 7 K $26.57 (may dare at final P -t) LINE7x K $29.38 (may drag eat final P'at) 1O of ill NE 9+ LINE 10+ LIN'.E 11} 7% of ;L ';E9+ UNE 10+ LINE 11) 7% of ;- 'E 9 + LINE 10+ LINE 1i) SLT, TUNE 9 thru LINE 141 LAND COMPONENT COMM I -I N ITY PARK 15 Land Dedic tion Required: 9.2363 Acres LINE 4 x 3.75 trees per 1.0110 Population) 17 LAND FEE: $6(10,359'.5x* LINE 3 K LINE 15 TOTAL FEE -IN -LIEU 51 73 65633 LINE 6 + UNE 15* LINE 17 * highl kited lees are irwoked electronimlly NOTES Street Frontage LF required is 37% of U,e linear measure ore sq rare area egje1 to LINE 7 EXHIBIT D - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE ROCKY CREEK CROSSING (PP -21-092) 18 of 20 EXHIBIT E PAYMENT OF FEES IN LIEU OF PARK DEDICATION Land and improvements for Neighborhood Park will be dedicated to the City of Fort Worth in lieu of paying Neighborhood Park Development and Land fees for the development. After the Neighborhood Park Land improvements are constructed and approved by the City and then the land is deeded and recorded at the County Courthouse, reimbursement of Neighborhood Park Development and Land fees for "Approved Improvements" constructed in Exhibit Cl in an amount not to exceed Exhibit D "Neighborhood Park Development and Land fees" collected. The Community Park fee due for this development is: $ 600,359.50. EXHIBIT E - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE ROCKY CREEK CROSSING (PP -21-092) 19 of 20 EXHIBIT F TRACKING LOG X. N N O V1 SSSSSSSSSSSSS O N O 1/} O N O Vf O elf O Ll O Vf O 1A O V} O �/T O VT O N O N O M O N M� N d I. in N r N In in C is m J Y N b M N S S S S S S S S S S S S S S S S M N O O W O arl C C C O pp C C O O G O C C O O pp 1- � n � N! N N Vf N N N t/T N VT N N N VT N t/f yrj VT � H vri aril d "C r G A d d D � O • M O V V � M OO V V N M O O C N N N N O J o_ d` J Z _ fl.. �p O _ torn o Y1 00 01 N O� Ot M ut N Ol Ol o n N Of 01 O d . h Wd LL N n N N M in r M N �j NQ 00 J � a 'U eV r r O O N 1ff N N O � N N N a d C « d M p w ..OOS OS O N Yj d � 0- O: 0 O o W M !11 OOOOOOOOOOOOOO N O H J N tV W G O Q 2° W CNO M N N N � O 0 0p �V ,� ti O O O O O O O O O O O O O E I- a I n V Y O A O W W ' to V) in l N l.J 999 r N N N N - � u O � � EXHIBIT F - AGREEMENT CONCERNING PARK DEDICATION AND IMPROVEMENTS FOR THE ROCKY CREEK CROSSING (PP -21-092) 20 of 20 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Subject of the Agreement Creek Crossing LTD., & C.I.L. Holdings LLC. City and Developers desire to establish a formal written agreement relating to the parkland dedication improvement requirements, improvement credits and land or improvement refunds related to the Rocky Creek Crossing development. M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 9 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is confidential and the page it is located. Effective Date: 10/12/2026 If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ 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.