HomeMy WebLinkAboutContract 42160 CITY SECRETARY �I U
CONTRACT NO.
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 home rule
municipal corporation situated in Tarrant, Denton,Parker,Johnson,and Wise Counties,
Texas, and Lennar Homes of Texas Land and Construction, a Limited company (the
"Owner") (the City and the Owner a "Party", and collectively,the"Parties").
RECITALS
WHEREAS, the City is a home rule municipal corporation duly organized and
validly existing under the laws and statutes of the State of Texas and is located within
Tarrant,Denton,Parker,Johnson, and Wise Counties,Texas;and
WHEREAS, the Owner is the owner of approximately 670.42 acres in Tarrant
County,Texas,as described by metes and bounds in Exhibit"A-1 A-2" (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
Development PIan identifies the intended land uses in relation to the lay-out of on-site and
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
Tex. Loc. Gov't Code chapter 395, Ordinance No. 18083, under which charges ("impact
fees") are imposed on new development for transportation facilities serving the
development and which are identified within the City's adopted transportation
improvements plan;and
WHEREAS, transportation impact fees must be collected and spent within the
service area(s) in which the new development is located;and
WHEREAS,the Property is located within service area B ; and
WHEREAS, the transportation facilities shown on the Development Plan are
identified within the City's adopted transportation improvements plan;and
WHEREAS,Ordinance No. 18083 Section 1-15 provides for credits against impact
fees for dedication or construction of transportation improvements shown on the adopted
transportation improvements plan;and
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTHS TX 08-22-
_ � IfV
WHEREAS, Owner agrees to dedicate and construct the transportation
improvements shown on the Development Plan in exchange for credits against future
transportation impact fees;and
WHEREAS,Owner has submitted a final plat to the City for approval, subject to
dedication and construction of the transportation improvements shown on the
Development Plan;and
WHEREAS,based on the anticipated traffic impacts from the development,the City,
and Owner contemplate the necessity for the construction of system facilities,which must
be credited against transportation impact fees otherwise due;and
WHEREAS,the City,in accordance with Chapter 395,has determined the maximum
transportation impact fees to be charged against new development within service area
B to be$2,014 per service unit;and
WHEREAS, the Owner has filed and recorded the following final plats:
Sendera Ranch East Phase 7-1(FP 08-060)in County Clerk's Filing No.D210209976
on August 27,2010;and
Sendera Ranch East Phase 8-1(FP 006-025)in County Clerk's Filing No.D210113023
on May 13,2010;and
WHEREAS, the Owner has received approval for construction plans, executed a
Community Facility Agreement, constructed roadway improvements, obtained City
acceptance of the improvements,and dedicated rights-of-way for the following:
Sendera Ranch East Phase 8, Section 1, DOE 5954; Sendera Ranch East Phase 7,
Section 1,DOE 5968;
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. Trans ortation Im rovements. Owner agrees to dedicate the rights-of-way
for and construct the system facilities identified in Exhibit"D",which is attached hereto
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and incorporated herein by reference. For any transportation improvement which has
been 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 Iot 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. Phi. The Parties acknowledge that, where it is anticipated that the
project shall 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 given shall either be guaranteed through an executed Community Facilities
Agreement or approved and accepted by the City. The Parties further agree that,prior to
the application of a credit against transportation impact fees otherwise due for any unit of
development;the following events shall take place:
(a) The Parties have entered into a Community Facilities Agreement for
the dedication or construction of the system facility;
(b) The number of credits resulting from such improvement has been
valued;and
(c) Concurrent with final plat approval, a credit allocation shall be
provided by the developer for the phase of development to which the credit is to be
applied,which allocation may either assign the credit,expressed in dollars,to each finally
platted lot or may create a credit-pool to be utilized by that phase of development. .
(d) To the extent that any credit balance remains after allocation of credits
this Agreement may be amended to allocate such unused credits to subsequent phases of
the development.
6. Proportionality. Owner agrees that the obligation to dedicate and construct
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improvements to serve the development shown on the Concept Plan, as provided in
section 2 of this Agreement,and the credits against transportation impact fees attributed to
such contributions and generally allocated to phases of the development herein, are
roughly proportionate to the nature and extent of the development shown on the Concept
Plan.
7. Term and Effective Date. The initial term of this Agreement shall be ten(10)
years from its Effective Date,in accordance with Ordinance No.18083,which shall be the
date on which the last party executes the Agreement.
8. AgIeement to Run with the Land. 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.
9. Amendment. This Agreement shall not be modified or amended except as
follows:
(a) Any amendment or modification to this Agreement or any Exhibit or
schedule hereto shall be in writing and signed by the Parties.
(b) Any revision, amendment, 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.
10. 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.
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IN WITNESS WHEREOF,the undersigned parties have executed this Agreement as
of the day of ,S� 2011.
CITY OF FORT WORTH,TEXAS OWNER
Lennar Homes of Texas Land And
Construction,LTD.
By
Fernando Costa ack Dawson
Assistant City Manager ice President
Recommended By:
Randle HawrvUd
Director,Planning and Development
Approved as to Form and Legality:
Marcia Wise NO 14[&r,. RlQUIItED
ATTEST:
Marty Hendrix 1►
�+1
City Secretary EFT. WORTH,
RECORD
adv o \ d ETARY
0 XT
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EXHIBIT LIST
"A-1" Legal Description
"A-2" Boundary Survey
"B" Map of Property
"C" Development Plan Map
"D" Developer Built Roads
"E" Credits Against Transportation Impact Fees
"F" Allocation of Credits
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Exhibit A-1
Legal Description
BEING a tract of land situated in the Greenberry Overton Survey,Abstract No. 972,Denton
County,Texas and in the Greenberry Overton Survey, Abstract No. 1185, Tarrant County,Texas
and being a portion of that certain tract of land as described by deed to Two SR, L.P. and
recorded in Volume 16328,Page 169(Tract 1), County Records, Tarrant County, Texas,said
tract of land being more particularly described by metes and bounds as follows:
BEGINNING at the northwest lot comer of Lot 2,Block 45, Sendera Ranch East, Phase 6,
Section 2, as recorded in Cabinet A, Slide 9961, County Records,Tarrant County,Texas,also
being the northeast lot comer of Lot 1,Block 45, Sendera Ranch,Phase 3, Section 1, County
Records,Tarrant County, Texas,and the most easterly southeast lot corner of Lot 1X,Block 45,
as shown on the plat of Sendera Ranch Phase 3,Section 2B,as recorded in Cabinet A, Slide
11091, County Records, Tarrant County, Texas,being in the west property line of the remainder
of said Two SR tract;
THENCE N 00°14'53"E,(previously recorded as N 00006'50"E)along the west property line of
the remainder of said Two SR tract, at 1124.92 feet pass the northeast corner of said Sendera
Ranch Phase 3, Section 2B and the southeast corner of the plat of Sendera Ranch, Phase 3,
Section 2C,as recorded in Cabinet A,Slide 11677, County Records,Tarrant County,Texas, at
1757.68 feet pass the northeast corner of said Sendera Ranch,Phase 3, Section 2C, and then
along the common property line of the west property line of the remainder of said Two SR tract
and the east line of the remainder of that certain tract of a land described by deed to One SR,
L.P., as recorded in Volume 15566,Page 280,County Records, Tarrant County,Texas, in all
4508.29 feet to the northwest property corner of said Two SR tract and also being the southwest
property corner of that certain tract of land described by deed to Texas Christian University
(TCU), as recorded in Volume 1122,Page 638, Real Property Records of Denton County,Texas;
THENCE N 89054'1 8"E, 5925.85 feet(previously recorded as N 89°47'00"E)along the
common property line of the north property line of said Two SR tract and the south property line
of said TCU tract;
THENCE S 000 15'1 3"E, 1077.97 feet departing said common property line;
THENCE S 28028'00"E, 1970.50 feet;
THENCE S 29°46'33"W, 1033.67 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 623.76 feet,through a central angle of
29°46'56"having a radius of 1200.00 feet, the long chord of which bears S 14°53'05"W, 616.76
feet;
THENCE S 00000'23"E, 836.04 feet;
C&B Job No. 014340.010.1.0004
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THENCE S 89°40'31"W,575.51 feet;
THENCE S 00002'25"W, 527.00 feet;
THENCE N 89046'01"W,845.23 feet to the south property line of said Two SR tract and being
the northeast property corner of that certain tract of land described by deed to Hall-Nance
Ranches,Ltd.,as recorded in Volume 9426,Page 564, County Records,Tarrant County,Texas;
THENCE S 89059'02"W,979.16 feet(previously recorded as S 89053'10"W)along the south
property line of said Two SR tract and along the north property line of said Hall-Nance tract to
the southeast corner of the plat of Sendera Ranch East,Phase 6, Section 3,as recorded in Cabinet
A, Slide 11079, County Records,Tarrant County,Texas;
THENCE the following bearings and distances along the east and north lines of said Sendera
Ranch East,Phase 6, Section 3:
N 00°00'58"W, 104.72 feet;
N 37°51'29"W,20.00 feet to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left,an arc distance of 78.46 feet,through a central
angle of 89'54'19"having a radius of 50.00 feet,the long chord of which bears
N 0701 1'22"E, 70.65 feet;
N 00000'58"W, 78.39 feet;
S 89053'02"E, 110.31 feet;
N 00006'58"E, 164.85 feet;
N 10°17'08"W,63.15 feet;
N 27040'28"W, 361.86 feet;
N 45017'44"E, 114.95 feet to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left,an arc distance of 105.09 feet,through a central
angle of 120°25'31"having a radius of 50.00 feet,the long chord of which bears
N 15030'29'E, 86.79 feet;
N 44-42'1 6"W, 135.33 feet to the northeast terminus of the southeasterly right-of-way
line of Diamondback Lane(an 80' right-of-way) as recorded in Cabinet A, Slide 10699,
Plat Records,Tarrant County, Texas;
C&B Job No. 014340.010.1.0004
S#FW 6L July 20,2011
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N 51°48'32"W, 80.00 feet along the northeasterly terminus of said Diamondback Lane to
the northwest terminus of the northwesterly right-of-way line of said Diamondback Lane,
and being at the beginning of a non-tangent curve to the right;
THENCE along the northwesterly right-of-way line of said Diamondback Lane and with said
non-tangent curve to the right,an arc distance of 12.64 feet,through a central angle of 00°28'47"
having a radius of 1510.00 feet,the long chord of which bears S 38°25'52"W, 12.64 feet to the
northeasterly line of the aforementioned Sendera Ranch East,Phase 6, Section 3;
THENCE the following bearings and distances again along the east and north lines of said
Sendera Ranch East,Phase 6, Section 3:
N 46°31'I9"W, 689.93 feet;
N 30003'36"W,95.96 feet;
N 20°01'07"W, 103.56 feet;
N 56026'1 I"W, 171.37 feet;
S 88043'17"W, 147.23 feet;
S 57003'53"W, 51.62 feet to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left, an arc distance of 112.26 feet,through a central
angle of 128°38'09"having a radius of 50.00 feet,the long chord of which bears
S 82044'49"W,90.12 feet;
N 71034'15"W,20.00 feet;
S 82°15'43"W, 111.41 feet;
S 670OI'27"W, 105.12 feet;
S 44000'49"W,20.00 feet to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left,an arc distance of 48.13 feet, through a central
angle of 55008'54"having a radius of 50.00 feet,the long chord of which bears
N 73033'45"W,46.29 feet;
S 78051'49"W, 146.55 feet;
N 11 008'l 1"W, 110.00 feet;
S 78051'49"W, 100.00 feet;
C&B Job No. 014340.010.1.0004
S#FW 6L July 20,2011
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N 89038'38"W,45.56 feet;
N 86°21'40"W, at 250.00 feet passing the northwest corner of said Sendera Ranch East,
Phase 6, Section 3,and being the north east comer of the aforementioned plat of Sendera
Ranch East,Phase 6, Section 2,in all 350.00 feet;
THENCE the following bearings and distances along the north line of said Sendera Ranch East,
Phase 6,Section 2:
N 77007'20"W, 151.97 feet;
N 85024'23"W, 106.00 feet;
S 37040'44"W,61.62 feet;
S 26°53'18"E, 102.60 feet the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left,an arc distance of 54.86 feet, through a central
angle of 62°51'49"having a radius of 50.00 feet,the long chord of which bears
S 31040'47"W,52.15 feet;
S 00014'53"W, 7.57 feet;
N 89°45'07"W, 110.00 feet;
S 00014'53"W, 100.00 feet;
S 89012'12"W, 166.07 feet;
S 77034'57"W,327.12 feet;
S 68°27'55"W, 70.31 feet;
S 66012'20"W,266.93 feet;
S 68033'40"W,98.63 feet;
S 70°02'38"W,269.84 feet;
S 52036'27"W,203.11 feet;
THENCE N 89045'07"W, 50.00 feet to the POINT OF BEGINNING and containing 29,202,732
square feet or 670.402 acres of land more or less.
"This description is for informational purposes only and not to be used in the conveyance of real property"
C&B Job No. 014340.010.1.0004
S#FW 6L July 20, 2011
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EXHIBIT D
SENDERA RANCH EAST
CREDITAGREEMENT
DEVELOPER BUILT ROADSstatus
Accepted
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Anticipated
Transportatkm Impact Fees
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FORT NORTH EXHIBIT E FORT WORTH
Credits Against Transportation Impact Fees
NET CREDIT BALANCE
VALUE OF CAPACITY PROVIDED $ 2,095,348.72
VALUE OF EXISTING DEMAND $ _
NET CREDIT BALANCE 2,095,348.721
SENDERA RANCH EAST NET CREDIT OVERVIEW 04/29/2011
EXHIBIT E
Credits Against Transportation Impact Fees
Caoaci(y Provided by DOE 5954/Diamondback and Rancho Canyon
Paving Quantity Unit Type Unit Cost Total
7"R.C.STREET PAVEMENT WITH STANDARD 7"CURB 20870 SY 23.83 $ 497,332,10
6"LIME STABILIZED SUBGRADE 21630 SY 1.80 $ 38,934.00
INSTALL STANDARD END OF ROAD BARRICADE 4 EA 1,855.00 $ 7,420.00
4'REINFORCED CONCRETE SIDEWALK 24858 SF 329 $ 81.782.82
INSTALL SIDEWALK RAMPS 16 EA 1,007.00 $ 16,112.00
TRAFFIC BARRICADE(II-AA-4) 295 LF 3.00 $ 885.00
TRAFFIC BUTTON(II-CR4) 148 LF 3.00 $ 444.00
TRAFFICE BUTTON(Y-4) 1170 LF 2.70 $ 3,159.00
TRAFFIC BUTTON(W-4) 590 LF 3.00 $ 1,770.00
STORM WATER MANAGEMENT 1 LS 1,060.00 $ 1.060.00
$ $48,898.92
Storm Drain Quantity Unit Type Unit Cost Total
STANDARD 4'SQUARE MANHOLE 3 EA 3,000.00 $ 9,000.00
STANDARD 4'STACKED MANHOLE 2 EA 3,200.00 $ 6,400.00
4'DIAMETER MANHOLE RISER W/STEPS 3 EA 2,250.00 $ 6,750.00
STANDARD 5'SQUARE MANHOLE 2 EA 3,300.00 $ 6,600.00
12-10'X8'MBC COMPLETE IN PLACE 85 LF 5,357.94 $ 455,424.90
RECESSED 10'CURB INLET 5 EA 2,800.00 $ 14,000.00
PEDESTRIAN HANDRAIL 508 LF 70.00 $ 35,560.00
TRENCH SAFETY(STORM DRAIN) 3052 LF 0.20 $ 610.40
12-10'X 8'MBC PARALLEL WINGS 2 EA 89,500.00 $ 179,000.00
ROCK RUBBLE RIP RAP(24"DEPTH) 1850 SY 65.00 $ 120,250.00
c 21" S III R. .PtPE INCLUDING AVATION 421 LF 37.02 $ 1,402.69
24"CLASS III R.C.PIPE INCLUDING TRENCH EXCAVATION 437 LF 40.82 $ 1,605.45
27"CLASS III R.C.PIPE INCLUDING TRENCH EXCAVATION 230 LF 45.67 $ 945.37
45"CLASS III R.C.PIPE INCLUDING TRENCH EXCAVATION AND BACKFILL 365 LF 96.80 $ 3,179.88
6'X4'SBC COMPLETE IN PLACE 192 LF 241.59 $ 4,174.68
w- 48"CLASS III R.C.PIPE INCLUDING TRENCH EXCAVATION 434 LF 104.32 $ 4,074.74
C 8'X4'SBC COMPLETE IN PLACE 265 LF 305.05 $ 7,275.44
61A5'SBC COMPLETE IN PLACE 623 LF 248.35 $ 13,924.98
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RECESSED 10'CURB INLET 5 EA 2,800.00 $ 1,260.00
I° 4'X4'DROP INLET 1 EA 2,900.00 $ 261.00
24"CH-FW-O HD WL,COMPLETE IN PLACE 1 EA 1,600.00 $ 144.00
48"CH-FW-0 HDWL COMPLETE IN PLACE 1 EA 2,650,00 $ 238.50
6'X5'SBC CONCRETE WINGWALL FW-0 COMPLETE 1 EA 4,800.00 $ 432.00
ROCK RUBBLE RIP RAP(12"DEPTH) 5 SY 50.00 $ 22,56
ROCK RUBBLE RIP RAP 08"DEPTH) 195 SY 55.00 $ 965.26
ROCK RUBBLE RIP RAP(8"DEPTH) 51 BY 48.00 $ 206.55
G STORM WATER MANAGEMENT 1 LS 500.00 $ 45.00
INSTALL 12OLF OF 8-66 RCP PIPE PRESENT ON SITE(CO#1) 720 LS 60.00 $ 3,888.00
v 18"THICK RIP RAP WITH 6"BEDDING(CO#1) 724 SY 50.00 $ 3,258.00
880,899.33
SUBTOTAL CONSTRUCTON 1.629,79-8--2-51
Total
Grading and Mass Excavation $ 63 287.00
Street Lights
$ 29,130.00
Engineering/Surveying/Testing @ 20% $ 305.959.65
Geotech $ 14,194.00
ROW @10% $ 152,979.82
SUBTOTAL OTHER ELIGI13LE ITEMS 565,550.47
TOTAL VALUE OF CAPACITY PROVIDED $ 2,095,348.72
SENDERA RANCH EAST PROVIDED CAPACITY DOE5954 04/29/2011
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Chakrathouk, Manivanh
From: Westerman, Julie
Sent: Monday, August 22, 2011 3:44 PM
To: Chakrathouk, Manivanh
Subject: RE: Contract: Sendera Ranch East Credit Agreement against Transportation Impact Fees
No M&C is required for that credit agreement.
Julie Westerman
City of Fort Worth I Planning and Development
i000 Throckmorton Street, Fort Worth,TX 763.02
Ph: 83.7.392.2677 Fax: 83.7.392.7985
Julie.Westerman(a)fortworthgov.org
Transportation Impact Fees
How am I doing? Please contact my supervisor at Julia.McCleeary Vortworthgov.org.
NOTE: The City of Fort Worth will have a new web address starting Oct. 1, 2011: www.FortworthTexas.cjoy
From: Chakrathouk, Manivanh
Sent: Monday, August 22, 20113:27 PM
To: Westerman, Julie
Subject: Contract: Sendera Ranch East Credit Agreement against Transportation Impact Fees
Hello Julie,
Please advise if this contract requires an M&C? If so, please provide a printed hard copy of one to City Secretary's
Office.
Thank you,
Manivanh.Chakrathouk(w�fortworthgov.org
1