HomeMy WebLinkAboutCC 2005-06-13 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
JUNE 13, 2005 - 5:15 P.M.
For the Regular Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers
7301 Northeast Loop 820.
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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from June 13, 2005 City Council Meeting (5
Minutes)
Discuss New Library Development Project and
2. IR 2005-076 Recommendation to Hire BRW Architects (10 Minutes)
<AQenda Item No. 13>
Review Master Concept Development Plans for Goode Place
3. IR 2005-071 Park Site, Little Bear Creek Park Site and Norich Park (20
Minutes)
4. IR 2005-074 Update on Loop 820 Corridor Study (20 Minutes)
*Executive Session - The Council may enter into closed
5. Executive Session to discuss the following:
Confer with Attorney about a Settlement Offer as Authorized
by Texas Government Code §551.071:
Beverly Brown
Deliberation Regarding Real Property as Authorized by
Texas Government Code §551.072:
Loop 820 and Holiday Lane
6. Adjournment
*Closed due to subject matter as provided by the Open Meetings law. If any action is
contemplated, it will be taken in open session.
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City Council Agenda
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
JUNE 13, 2005 - 7:00 PM
For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers 7301
Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion
and/or action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
NUMBER ITEM ACTION TAKEN
1. Call to Order
2. Invocation - Councilwoman Cox
3. Pledge - Councilwoman Cox
4. Special Presentations
5. Citizens Presentation
6. Removal of Item(s) from the Consent Agenda
06/13/05
City Council Agenda
Page 2 of 4
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NUMBER ITEM ACTION TAKEN
7. Consent a. Minutes of the May 23, 2005 Council
Agenda Meeting
FP 2005-05 b. Consideration of a Request from J&J
NRH 100 FLP to Approve the Final Plat of
Forest Glenn West Phase III Addition
(Located in the 8000 Block of North
Tarrant Parkway - 6.919 acres)
GN 2005-056 c. Approve Contract for Cellular Lease
Agreement with Global Signallnc -
Resolution No. 2005-048
GN 2005-057 d. Approve Participation Agreement with
Tarrant County for the HOME Investment
Partnership Program - Resolution No.
2005-049
GN 2005-058 e. Approve Joint Administrative Agreement
for Administration of Home Investment
Partnership Program
PW 2005-007 f. Approve City-Developer Agreement with
J&J NRH100 FLP, John W. Barfield,
General Partner, for Impact Fee
Reimbursement on Water Lines located
in the Forest Glenn West, Phase II
Addition
PW 2005-008 g. Approve City-Developer Agreement with
JB & JB Development FLP, John W.
Barfield, General Partner, for Impact Fee
Reimbursement on Water Lines and
Sewer Lines located in Thornbridge East,
Phases II-IV
PW 2005-009 h. Approve City-Developer Agreement with
Home Depot U.S.A., Inc. for Impact Fee
Reimbursement on Sewer Lines located
in the Home Depot Addition
PW 2005-010 i. Approve City-Developer Agreement with
Mega Life and Health Insurance
Company for Impact Fee Reimbursement
on Water Lines located in the UICI
Addition
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NUMBER ITEM ACTION TAKEN
Consideration of a Request by Glenview Bible
8. FP 2005-02 Chapel to Approve the Final Plat of Christian
Addition (Located in the 7200 block of Davis
Boulevard - 1.478 acres)
Consideration of a Request by Glenview Bible
9. SP 2005-02 Chapel for Approval of a Site Plan for a New
Church (Located in the 7200 block of Davis
Boulevard - 1.478 acres)
Public Hearing and Consideration of a Request
10.ZC 2005-06 from the Mitchell Planning Group L.L.C. on
Behalf of the Property Owner, Merrill Gardens,
to Amend an Approved "PD" Planned
Development to Allow for a Senior Independent
Living Community (Located in the 8400 Block of
Emerald Hills Way - 4.318 acres) - Ordinance
No. 2837
Public Hearing and Consideration of Ordinance
11. TR 2005-01 Amending the Comprehensive Zoning
Ordinance by Amending Section 118-775 of the
Code of Ordinances of the City of North
Richland Hills, Texas, to Provide Exceptions to
Regulations of Satellite Receiver Dishes Less
than One Meter in Diameter as Mandated by
FCC Regulations - Ordinance No. 2838
Approve Easement Modifications with TXU
12. GN 2005-060 Electric Delivery Company
Approve Professional Services Agreement with
13. PU 2005-023 BRW Architects for Architectural and
Engineering Design Services of the New Library
- Resolution No. 2005-051
Consideration of Amending Council Rules of
14. GN 2005-059 Procedure - Resolution No. 2005-047
Action on Any Item Discussed in Executive
15. Session listed on Pre-Council Agenda
16. Information and Reports - Councilman Whitson
17. Adjournment
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR# 2005-076
~ Date:
T Subject:
June 13, 2005
Discuss New Library Development Project and Recommendation
to Hire BRW Architects
This item is placed on the Pre-Council agenda to discuss the progress of the new library
development project planned for Home Town. There is also an action item placed on the
regular City Council agenda with a recommendation to hire BRW Architects, Inc. for
architectural and engineering services for the new library. The cover sheets for the agenda
item explain most of the relevant facts surrounding the project and the need for architectural
services.
The brief time allotted for this Pre-Council agenda item will be used to present an overview of
the project and give the City Council an opportunity to discuss the proposal. Also, there will
be a representative from BRW present to meet the City Council and answer any questions
you may have.
If you have any questions prior to the meeting please feel free to call.
e Respectfully Submitted
¿J£;
Richard Torres
Assistant City Manager
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. 2005-071
~ Date:
T Subject:
June 13, 2005
Review Master Concept Development Plans for Goode
Place Park Site, Little Bear Creek Park Site and Norich
Park
The Parks and Recreation Department is planning for the development of two new
neighborhood parks and the renovation of Norich Park. A preliminary draft of the Master
Concept Development Plan for each site has been prepared by our consultant, David Baldwin
and Associates. Mr. Baldwin will make a presentation to Council on the following park sites:
Little Bear Creek Neighborhood Park Site - located on the north side of Continental,
south of the creek.
Goode Place Neighborhood Park Site - located on the north side of North Richland
Boulevard, west of Davis.
Norich Park - located at 5400 Finian
The Park and Recreation Board held a meeting on May 19, 2005, to provide an opportunity for
residents to provide input which was used to prepare the proposed Master Development
Concept Plans which will guide the design and construction of each park.
The public meeting was advertised and individual invitation letters were mailed to over 800
residents in neighborhoods surrounding each of the proposed park sites. Approximately 60
people were in attendance. A presentation of the proposed plans for each park was provided by
staff and the consultant. The Park and Recreation Board listened to the presentation and
offered the opportunity for the public to provide their input. At the meeting, 17 residents offered
comments and suggestions. Several other residents called or visited the Parks and Recreation
offices to review the plans prior to the meeting.
The proposed Master Concept Development Plans were subsequently completed,
appropriately incorporating input provided at the public meeting. The Park and Recreation
Board, at their June 6, 2005, meeting, reviewed the proposed Master Concept Development
Plans. After thorough discussion, the Board recommended to forward a recommendation to City
Council to consider approving the proposed Master Concept Development Plans for each park.
Upon concurrence of the Council, staff will work with the consultant to complete the
construction document and detailed plans and specifications to solicit bids for the construction
of the parks.
The project is in accordance with the Quality of Life Goal and Council's high priority to "maintain
the parks program at the current high level".
Respectfully Submitted,
kj~¡~~
Vickie Lo~
Director of Parks and Recreation
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2005-074
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~ Date: June 13, 2005
T Subject: Update on Loop 820 Corridor Study
City Staff and our consultants, Kimley-Horn & Associates, Inc. and Townscape, Inc. continue
to work toward the completion of the Loop 820 Corridor Study. The primary purpose of the
study has been to plan for the best use of land, promote good access and minimize conflicts
between residential and non-residential properties. This effort has also been a proactive
approach towards the Texas Department of Transportation's upcoming project to widen
Interstate Loop 820.
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To date, staff and the consultants have met with approximately 800 individuals including one
major public meeting; 2 full days of major property owner meetings; numerous walk-ins,
phone calls and emails; and 3 separate neighborhood group meetings. A final public hearing
is being scheduled for June 23 at the Richland Hills Church of Christ with all property owners
in the Loop 820 Corridor invited.
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Kimley-Horn & Associates Inc. and Townscape, Inc. have developed general
recommendations and a draft summary of the Loop 820 Study is being prepared. Kurt
Schulte and Dennis Wilson will be available at the City Council briefing session on June 13 to
give a status report on the Loop 820 Study. This will give Council highlights of the major
elements of the study to be presented at the public hearing on June 23. Following the public
hearing on June 23, the consultants and staff will make necessary changes and plan to bring
back a final Loop 820 Study for City Council adoption in July.
Sincere~ f.
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John Pitstick
Development Director
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ISSUED BY THE CITY MANAGER
NORTH RICH LAND HILLS, TEXAS
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MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - MAY 23, 2005
PRE-COUNCIL SESSION
The City Council of the City of North Richland Hills, Texas met in Pre-Council session
on the 23rd day of May, 2005 at 5:45 p.m. in the Pre-Council Room prior to the 7:00
p.m. regular Council meeting.
Present: Oscar Trevino Mayor
David Whitson Mayor Pro Tem
John Lewis Councilman
Jo Cox Councilwoman
Suzy Compton Councilwoman
JoAnn Johnson Councilwoman
Timothy J. Welch Councilman
Staff Members: Larry J. Cunningham City Manager
Ogden Bo Bass Assistant City Manager
Karen Bostic Managing Director Administrative/Fiscal Services
Patricia Hutson City Secretary
Alicia Richardson Assistant City Secretary
e George Staples City Attorney
Mary Edwards Public Information Officer
Larry Koonce Finance Director
Mike Curtis Public Works Director
Steve Brown Library Director
Drew Corn Budget Director
Richard Abernethy Assistant to City Manager
Absent: Nancy Bielik Councilwoman
Richard Torres Assistant City Manager
Call to Order
Mayor Trevino called the Pre-Council meeting to order at 5:45 p.m.
1. Discuss Items from Regular May 23. 2005 City Council Meeting
None.
2. IR 2005-064 Discuss Investment Strategy and Investment Policy Update
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Finance Director Larry Koonce highlighted the changes made to the City's Investment
Strategy and Investment Policy and discussed the strategies employed by the City.
The City's Investment Committee has met and approved the recommendations and
City Council Minutes
May 23, 2005
Page 2
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changes to the policy. Council took formal action on the policy during the regular
Council meeting.
3. IR 2005-065 Discuss Simmons Drive (Mid-Cities Boulevard to Grapevine Hiahwav);
Short Term Improvements and Lona Term Improvements
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Public Works Director Mike Curtis presented a PowerPoint presentation highlighting the
development activities along Simmons between Mid-Cities and Grapevine Highway.
Development projects highlighted were 1 ) Walker Creek Elementary School currently
under construction; 2) Platting of two lots by UICI with plans for expansion on one of
the lots; 3) proposed Library and proposed Tarrant County College Conference Center
- negotiations are in progress with Arcadia for the Library property and will be brought
to Council in the near future; 4) mixed-use retail and residential development which was
presented to Council several weeks ago. Mr. Curtis briefed the Council on the short
term plan and long term plan for improvements. The short term improvements
objective is to get the entire section of Simmons Drive between Mid-Cities and
Grapevine Highway in an acceptable driving condition before the new elementary
school opens and will be accomplished in three phases - 1) the section of Simmons
from Mid-Cities to south property line of school will be reconstructed with concrete;
concrete width will vary due to sections of pavement on various sides not yet improved;
2) the asphalt section beginning at south property line of school and tying into the
improved Walker Boulevard will be asphalt overlaid; and 3) final section is the
previously constructed section of Walker Boulevard. If details of the short term plan
cannot be worked out, the longer term plan consists of completing the section of
Simmons Drive from Mid-Cities Boulevard south past the school to its full width through
a Capital Improvement Project that would be presented in the proposed 2005/06
Capital Projects Budget. The long term plan also includes the planned realignment of
the section of Simmons Drive beginning at the south side of the school and bringing it in
between the proposed Library and the Tarrant County College Conference Center.
Improvements are planned for a Capital Improvement Project that will be presented in
the proposed 2005/06 Capital Projects Budget.
4. Discuss Possible Amendment to Council Rules of Procedures
Council was advised item placed on agenda in follow-up to executive session on May 9
in which Council expressed a desire to discuss some issues of concern dealing with the
Council Rules of Procedure. Mayor Trevino asked for any issues or amendments
Council felt needed to be made to the Council Rules. The following issues and
concerns were discussed:
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Moving citizen presentation from the beginning of the agenda to end of the
agenda after the announcements and not televising it at the time of the council
meeting but recording it and televising at the next council meeting. Recording
and televising later would allow Council the opportunity to address any
accusations and issues presented to them. Council also discussed changing
City Council Minutes
May 23, 2005
Page 3
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the time for citizens presentation from two minutes to three minutes for
individual speakers and ten minutes for a speaker representing a group of ten
or more and extending the total time from 20 minutes to 30 minutes. There
was concern expressed with not televising the entire meeting. There was also
concern expressed with allowing the televising of the citizen presentation and
Council not being able to respond to the presentations. Some felt that it should
be televised at the time a response could be provided. Attorney Staples
explained the problem was with Council responding, but that there was not a
limitation on staff responding. It was suggested to continue with the televising
of the entire meeting and allow staff to briefly respond to any citizens
presentations and if further clarification is needed, to replay it at the next
meeting with an in-depth response.
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Censuring of false statements - It was suggested that the Council Rules need
to address the making of inaccurate statements by any member of the Council
in any venue about staff, councilor management. The individual who made
the statement would be required to retract it within the same venue in which it
was published or said. Council discussed that any member of the Council
could privately confront another member of the Council about inaccurate
statements and if the individual fails to respond then the Council could
admonish the individual at a public meeting and vote publicly that the individual
had done something wrong. Council agreed with Staff drafting an item to
include in the rules and procedures that would address the censuring of false
statements.
Statements to newspapers or other public statements regarding lawsuits and
litigation. Council discussed including in the rules a written policy that
statements concerning settlements or appeals may not be made by a member
of the Council when the City is involved in a lawsuit. Council agreed to address
the issue in the rules and procedures.
Personal attacks on Council & Staff - The Attorney pointed out that prior to
every citizen presentation the Mayor reads a statement that no personal
attacks on councilor staff will be allowed. The Attorney suggested that the
Council consider a rule to correspond to the statement being read by the
Mayor.
Council agreed for Staff to prepare draft amendments to the Council Rules of
Procedure based on the input provided by Council. The proposed amendments will be
brought back to the Council for consideration.
5. Executive Session
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Mayor Trevino announced at 6:31 p.m. that the Council would adjourn to Executive
Session as authorized by Texas Government Code Section 551.071 for consultation
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City Council Minutes
May 23, 2005
Page 4
with Attorney to discuss the following legal issues: a) Charter Communications and b)
status report on Davis vs. North Richland Hills and as authorized by Section 551.074 for
deliberation of personnel matters to deliberate the appointment, employment,
evaluation, duties of public officers and employees to wit: City Manager.
6. Adjournment
Mayor Trevino announced at 6:57 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
1.
CALL TO ORDER
Mayor Trevino called the meeting to order May 23, 2005 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
John Lewis
Jo Cox
Suzy Compton
JoAnn Johnson
David Whitson
Timothy J. Welch
Mayor
Councilman
Councilwoman
Councilwoman
Councilwoman
Councilman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Patricia Hutson
Alicia Richardson
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
Absent:
Nancy Bielik
Richard Torres
Councilwoman
Assistant City Manager
2.
INVOCATION
City Council Minutes
May 23, 2005
Page 5
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Mayor Pro Tem Whitson gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
4.
GN 2005051 ELECTION OF MAYOR PRO TEM
Mayor Pro Tem Whitson moved to nominate Councilman Welch as Mayor Pro Tem.
Councilwoman Johnson seconded the motion.
Motionto approve carried 6-0.
5.
SPECIAL PRESENTATIONS
e GOLlGHTL V'S GALLERY CELEBRATING 20TH ANNIVERSARY
Councilwoman Compton presented Janet Golightly with a proclamation recognizing her
and Golightly Gallery for 20 years of service in North Richland Hills.
2005 MOTORCYCLE SAFETY AND AWARENENSS MONTH - GENE O'BANNON
Mayor Pro Tem Welch presented Mr. O'Bannon with a proclamation recognizing May
as motorcycle safety and awareness month.
YARD OF THE MONTH PRESENTATION
Councilman Lewis and Keep NRH Beautiful Commission Member John Paraskevas
presented certificates to the following yard of the month recipients:
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Kim Kirby, 3808 Park Oaks Court; Oris Baldwin, 4624 Mackey Drive; Dale &
Sarah Henry, 4913 Skylark Circle; Terry & Brenda Garrett, 5817 Steeplewood;
Robert Moffeit, 8409 Birdge Street; Caroline Pivonka, 6733 Brittany Park Court;
Ridvan Karsi, 8629 Madison Drive; Tom & Jeanice Gaither, 7832 Aubrey Lane;
Lee Ann Moore, 8821 Trails Edge; Texas SmartScape Winner Angela McCrory,
7404 Wood haven and Business Landscape Winner Arcadia Development,
Attention: Bill Gietema, 5440 Harvest Hill Road, Suite 206, Dallas, Texas.
City Council Minutes
May 23, 2005
Page 6
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6.
CITIZENS PRESENTATION
Herb Parsons, 7701 Turner Drive, advised he agreed with the majority of suggestions
council discussed in Pre-Council with regards to possible amendments to the Council
Rules of Procedure. Mr. Parsons asked that council also include that public officials be
responsible for false statements made against citizens and groups of North Richland
Hills.
Charles Cole, 6125 Riviera Drive, congratulated council on the recent election. Mr.
Cole asked council to show civility toward citizens who speak at the citizen's
presentation during council meetings.
David B. Nelson, 7228 Coventry Court, thanked council and the Park and Recreation
Board for Liberty Park.
Tim Barth, 8400 Bridge Street, inquired to the number of open record requests received
by the City Secretary's Office and how the city works with respect to how much time is
devoted to open record requests. Mr. Barth asked if he could get a report as to how
many open record requests were received from Ron West and the incumbent's
challengers in the May election and the amount of staff time utilized to comply with
e requests.
Mayor Trevino asked the City Manager to follow up with Mr. Barth's request.
Patricia Christopher, 6780 Tabor Street, thanked the city for the dedication and
construction of Liberty Park.
Suzette Christopher, 4800 Holiday Lane, complimented staff for an excellent job for the
Liberty Park dedication.
7.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
Mayor Trevino asked the City Manager why Councilwoman Bielik was absent from the
council meeting. Mr. Cunningham advised she was at a conference. Mayor Trevino
asked for more information because as a rule he explains the absence of a council
member. Mr. Cunningham advised Councilwoman Bielik was attending an International
Shopping Center Retail Trade Show in Las Vegas. Mayor Trevino asked if this was a
city funded trip. Mr. Cunningham advised it was a city funded trip.
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City Council Minutes
May 23, 2005
Page 7
Councilwoman Johnson advised she did not recall this being brought before council.
Councilwoman Johnson asked staff to place this topic on a future agenda for
discussion.
8.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE MAY 09,2005 COUNCIL MEETING
B. MINUTES OF THE MAY 17, 2005 SPECIAL COUNCIL MEETING
MAYOR PRO TEM WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LEWIS
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
9.
GN 2005-052 APPROVE INVESTMENT STRATEGY AND INVESTMENT POLICY
UPDATE - RESOLUTION NO. 2005-043
APPROVED
The Public Fund Investment Act (PFIA) requires City Council to review and adopt the
City's Investment Strategy and Investment Policy annually. Occasional legislative
changes to the PFIA as well as economic environment changes affecting investment
decisions require revisions to the Investment Strategy Statements and Investment
Policy. A committee comprised to review and recommend changes are suggesting the
following changes:
Investment Strategv Statements
· A sentence has been replaced in the yield section of each fund to include a more
thorough definition of the objective of this investment guideline. This change is
reflected on pages 3, 4, 5, 6, and 7.
Investment Policy
· A statement explaining the consolidation of cash balances and the allocation of
earnings to various funds as required by GAAP (generally accepted accounting
principles) was included under the Scope section on page 2.
City Council Minutes
May 23, 2005
Page 8
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· On page 3, under the Investments section V, a paragraph which describes
additional portfolio management procedures was incorporated.
· According to a recent PFIA training session, if an investment pool used by the city
invests funds in commercial paper and/or banker's acceptances, the investment
policy does not need to list these instruments as authorized investments. For that
reason, these two investments were removed from the Authorized Investments
section on pages 4 and 5. .
· Under section VI titled Diversification on page 7, item (6) on the list of investment
limits by type was deleted due to the removal of the investments as authorized.
Item (5) now includes narrative concerning indirect investment limits.
· A statement has been added to clearly define the type of securities the City will
accept as collateral for City funds. The new statement appears under section VIII
titled Collateralization on page 8.
· A paragraph was added to section VIII Collateralization on page 9 stating collateral
should be increased to cover the funds used to purchase an investment to ensure
adequate coverage in the event of a failed trade.
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· The City does not monitor market prices through a private financial firm at this time.
Section IX titled Investment Procedures on page 10 was modified to indicate this
change and provide an appropriate explanation of the investment procedures
currently in place.
· Marking to Market paragraph was included in section IX Investment Procedures
(page 12).
· Section XIII titled Management and Internal Controls on page 15 was included to list
in detail the controls that should be maintained by the Director of Finance.
· Section XIII titled Depositories on page 15 has been updated to reflect the
considerations the City uses for award of the depository services contract.
· The investment bid form (Appendix B) on page 19 was updated to include more
detailed information about the investment transaction.
· The approved securities dealers (Appendix D) on page 30 and the Glossary
(Appendix I) on page 75 have been updated to reflect current information as it
relates to the City's investments.
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· The master repurchase agreement (Appendix F) on page 32 has been updated with
a more current version of the document.
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City Council Minutes
May 23, 2005
Page 9
Finance Director Larry Koonce was available to answer questions from council.
COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION 2005-043. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
10.
GN 2005-053 APPOINT MEMBERS TO THE YOUTH ADVISORY COMMITTEE
APPROVED
Council is being requested to appoint the following to the Youth Advisory Committee.
The appointments are to fulfill vacancies that currently exist on the committee.
Elise Manley, Fort Worth Christian School- 2 year term
Lauren Pitts, Richland High School - 2 year term
Paige Ammons, Richland High School - 1 year term
Daniel Hamilton, Richland High School - 1 year term
Assistant to City Manager Richard Abernethy was available to answer questions from
council.
COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2005-053. COUNCILWOMAN COMPTON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
11.
GN 2005-054 APPROVE ORDINANCE ABANDONING & CLOSING CARDINAL LANE
BETWEEN STATE HIGHWAY 26 & WALKER BOULEVARD -
ORDINANCE NO. 2835
APPROVED
Nature of request is to officially close a section of Cardinal Lane and abandon the right-
of-way. The section of Cardinal Lane from State Highway 26 to Walker Boulevard was
blocked off for public use when Walker Boulevard was constructed in 2000. Arcadia
Land Partners is currently in the process of working on a proposed retail/residential
development at the location of the old section of Cardinal Lane.
Public Works Director Mike Curtis was available to answer questions from council.
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City Council Minutes
May 23, 2005
Page 10
MAYOR PRO TEM WELCH MOVED TO APPROVE GN 2005-054 THE APPROVAL OF THE
ORDINANCE ABANDONING AND CLOSING CARDINAL LANE BETWEEN STATE HIGHWAY 26 AND
WALKER BOULEVARD AND ORDINANCE NO. 2835. COUNCILWOMAN JOHNSON SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 6-0.
12.
GN 2005-055 APPROVE PARTICIPATION AGREEMENT WITH TARRANT COUNTY
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -
RESOLUTION NO. 2005-045
APPROVED
Nature of request is to rescind Resolution No. 2005-039 which was recently approved
by council at the May 09, 2005 council meeting. The resolution, which approved
participation in Tarrant County's Community Development Block Grant and HOME fund
program through 2008, was found to require changes to the language of the
agreement. Tarrant County informed the city of Federal regulations which require
HOME fund provisions be in a separate agreement. Staff is requesting council approve
Resolution No. 2005-045 that includes changes from Tarrant County.
COUNCILWOMAN COMPTON MOVED TO RESCIND RESOLUTION NO. 2005-039 AND APPROVE
RESOLUTION NO. 2005-045.
MOTION TO APPROVE CARRIED 6-0.
13.
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE-
COUNCIL AGENDA
Mayor Trevino advised the council in Executive Session discussed the salary and
extension terms of the City Manager's contract. Council also discussed increasing the
City Manager's salary 9%.
COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2005-046. COUNCILMAN
LEWIS SECONDED THE MOTION.
Mayor Trevino advised Resolution No. 2005-046 extended the terms of the City
Manager's contract by two years, provided for a 9% compensation increase and
provided for an annual increase each October 1 by the average increase of all city
employees' salaries.
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City Council Minutes
May 23, 2005
Page 11
MOTION TO APPROVE CARRIED 6-0.
14.
INFORMATION AND REPORTS
Councilwoman Johnson made the following announcements.
City offices will be closed Monday, May 30, in observance of the Memorial Day Holiday.
Garbage will be collected by Trinity Waste Service.
The City of North Richland Hills continues its free spring concert series at Green Valley
Park, 7701 Smithfield Road. The next concert will be "Me and Pooch" at 7 p.m. on June
3. Admission is free. Please bring your lawn chairs and blankets. For more information,
call 817-427-6614.
The Keep NRH Beautiful Commission is planning its 2nd Annual Pond and Garden
Tour. The Commission is looking for a few pond and/or garden owners that would be
willing to open their property to the public on Saturday, June 4, from 11 :00 a.m. to 3:00
p.m. If you live in North Richland Hills and would like to be considered for participation,
please call Neighborhood Services at 817-427-6651.
Kudos Korner - Tommy Miller, Supervisor at the Animal Adoption & Rescue Center - An
e-mail was received from the Haltom City Animal Care and Adoption Center thanking
Tommy for his assistance during their extreme staffing shortage. Miller provided advice
on training, ordering supplies, cleaning and more. Haltom City is grateful to have such a
great neighbor.
15.
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:54 p.m.
ATTEST:
Oscar Trevino - Mayor
Patricia Hutson - City Secretary
"'"
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CITY OF
NORTH RICHLAND HILLS
. Department: Planning Department
Council Meeting Date: 6/13/05
Subject: Consideration of a Request from J&J NRH 100 FLP to Agenda Number: FP 2005-05
Approve the Final Plat of Forest Glenn West Phase III Addition (Located in the 8000 block of
North Tarrant Parkway - 6.919 acres).
Case Summary: The applicant, J & J NRH 100 Family Limited Partnership, is requesting
the approval of the Final Plat of Lots 1-20, Block 11 Forest Glenn West Phase III Addition. A
preliminary plat for this site (ref. PP 2004-03) was approved by the Planning and Zoning
Commission on August 19th of last year. The site is currently vacant and the applicant is
proposing the development of a 20 lot residential subdivision.
CURRENT ZONING: R-2 Residential.
THOROUGHFARE PLAN: The site has a small frontage along North Tarrant Parkway, a
proposed 6 lane, divided, principal arterial with 200' of ROW. The interior of the site is
accessed by two local streets (50' ROW) extending from North Tarrant Parkway into the site
and terminating into short cul-de-sacs.
COMPREHENSIVE PLAN: The Comprehensive Plan was changed from commercial to
residential use with the rezoning of this site to R-2 in September 2004 (ref. ZC 2004-05). The
use is consistent with the residential depiction.
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STAFF REVIEW: The Development Review Committee has reviewed the plat and has
determined that it complies with the approved Preliminary Plat. Attached is a staff memo
recommending placement of this plat on the City Council Agenda for consideration as long as
finish floor elevations are given for all lots adjacent the 100 year floodplain. The attached plat
has satisfied this requirement.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on May 19, 2005 recommended approval of FP 2005-05 by a
vote of 6-0.
Recommendation: Approval of the Final Plat of Lots 1-20, Block 11, Forest Glenn West
Phase III Addition.
Review Schedule:
Application: 02/14/05 Final Hearing: 06/13/05 Total Review Time: 17 weeks·
· Additional process time was required due to the applicant's slow response to staff comments.
Finance Review
Account Number
~ Sufficient Funds Avmlable
Finance Director
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NRH
FP 2005-05
Final Plat
Forest Glenn West Phase III
Block 11, Lots 1-20
Prepared by Planning 05/11/05
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NI~H
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Donna Jackson
Glenn Smith, Engineer Associate ¥J
FROM:
SUBJECT: Forest Glenn West Phase III, Block 11 - Lots 1-20
Final Plat, FP2005-05
DATE:
May 10, 2005
Public Works has received the final plat submitted to this office on May 10, 2005.
All of Public Works' requirements have been met. We recommend placement on
the next Planning & Zoning meeting agenda. Prior to the plat being placed on the
City council agenda a note must be added to address the minimum finished floor
elevations for lots adjacent to 100 year flood plain.
cc:
Mike Curtis, Public Works Director
Dave Green, Director of Planning
Long & Associates, Engineer, via fax
Loyd Bransom Surveyors, via fax
GESpwm2005-09j
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FP 2005-05
CONSIDERATION OF A REQUEST FROM J&J NRH 100 FLP TO APPROVE
THE FINAL PLAT OF FOREST GLENN WEST PHASE III (LOCATED IN THE
8000 BLOCK OF NORTH TARRANT PARKWAY 6.919 ACRES)
APPROVED
Dave Green explained that this site will have 22 lots with two short cul-de-sac
streets. Current zoning is R2, which requires a minimum 9,000 sq. ft. lot and
minimum 2,000 sq. ft. home. The preliminary for Forest Glenn West Phase III
was approved in August 2004. Public Works has provided a letter stating that all
of staff's concerns have been addressed. Staff recommends approval.
Ken Sapp, seconded by Randy Shiflet, motioned to approve FP 2005-05.
The motion carried unanimously (6-0).
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CITY OF
NORTH RICHLAND HILLS
Department: Information Services
Council Meeting Date: 6/13/2005
Subject: Approve Contract for Cellular Lease Agreement with Agenda Number: GN 2005-056
Global Signallnc - Resolution No. 2005-048
The City of North Richland Hills entered into an initial lease agreement (Estoppel
Certificate 1868-DA03XC242) with Sprint Spectrum L.P. on June 27, 1996, whereby Sprint
constructed a communications tower at the golf course. Additionally, the City of North
Richland Hills entered into an initial lease agreement (Estoppel Certificate 1943-
DA13XC410) with Sprint Spectrum L.P. on October 31,1997, whereby Sprint constructed
a communications tower at Fire Administration.
The term of both primary agreements was for five years with options for Sprint to extend
the primary agreement for four additional periods of five years each. The lease payment
for each of the primary terms was $7,200 per year with an increase of 15 percent for each
additional 5 year period. Both lease agreements were automatically renewed at the end of
5 years as per the agreement bringing the current lease payment for both agreements to
$8,280 per tower annually.
Staff is bringing this item to Council because Sprint announced that it has entered into an
agreement with Global Signal whereby Global Signal will sublease from Sprint its interest
in both lease agreements with the City of North Richland Hills. Global Signal shall manage
the existing tower on Sprint's behalf and will assume all of Sprint's obligations under the
lease. Global Signal is one of the largest wireless communication tower owners in the
United States.
The City Attorney has reviewed the proposed agreements assigning Sprint's rights to
Global Signal. Staff believes it to be in the best interest of the City to enter into these
agreements.
Recommendation: To approve Resolution No. 2005 - 048
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
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Budget Director
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RESOLUTION NO. 2005-048
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to execute the contract with Sprint Spectrum L.P. for
ground lease agreements Estoppel Certificate 1868-DA03XC242 and Estoppel Certificate
1943-DA 13XC41 0 assigning Global Signal Inc. its interest in both leases.
PASSED AND APPROVED this 13th day of June, 2005.
APPROVED:
Oscar Trevino
Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
APPROVED AS TO CONTENT:
Kyle Spooner, Information Services Director
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T
Sprint
February 25. 2005
NORTH RICHLAND HILLS. CITY OF
7301 N E LOOP 820
A TTN TERRY KINIZIE
NORTH RICHLAND HILLS. TX 76180
Re: Estoppel Certificate 1943-DA13XC41O
Dear NORTH RICHLAND HILLS, CITY OF:
Sprint is excited to announce that it has recently entered into an agreement with Global
Signal whereby Global Signal will sublease from Sprint its interest in the Lease with you and will
manage the existing tower on Sprint's behalf. Accordingly, Global Signal will assume Sprint's
obligations under the Lease.
In connection with this transaction, it is important that Landlord and Sprint make certain
acknowledgments with respect to certain matters in the Lease by executing the estoppel
certificate enclosed herewith. Sprint has approved the form of the enclosed estoppel.
Global Signal is one of the largest wireless communication tower owners in the United
States based on the number of towers owned. We are confident that both you and Sprint wilJ
benefit from Global Signal"s very substantial experience in operating and managing
communications towers.
For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express
envelope. Please execute the enclosed estoppel and forward the same using the enclosed
envelope or mail to: Global Signal Inc. (Project CL-EST), 301 North Cattlemen Road Suite 300,
Sarasota, Florida 34232 within the next week.
Please call Global Signal if you need any assistance or have any questions regarding this
matter. You can reach Global SignaJ"s estoppel hotline by calling (888) 748-3482, extension
3590. Sprint has authorized Global Signal to act on its behalf in this regard.
Sprint thanks you in advance for your cooperation and prompt attention to this important
matter and looks forward to continued good relations with you.
Very truly yours.
~~\ -u Ø/ 4t
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!Enclosures
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Recording requested by
and when recorded
return to:
Global Signallnc.
301 North Cattleman Road
Suite 300
Sarasota, FL 34232
Attn: General Counsel
AGREEMENT REGARDING GROUND LEASE
THIS AGREEMENT REGARDING GROUND LEASE (this "Al!Ieement") is made as
of , 2005, between the party identified as "Landlord" on the signature page hereof and
SPRINT SPECTRUM L.P., a Delaware limited partnership ("Tenant").
R Eel TAL S:
A. Landlord and Tenant are now parties to that certain Tower Site Lease Agreement
dated October 13,1997, a copy of which is annexed hereto as Exhibit A (the "Lease"), covering certain
real property more particularly described on Exhibit A attached hereto (the "Propertv");
B. Pursuant to an agreement dated February 14,2005 by and among Tenant, certain
subsidiaries of Tenant and Global SignaL Inc., the Lease and the property related thereto (the "Premises")
will be assigned to an affiliate of Tenant ("Tenant Affiliate"); and, after such assignment, the references
to Tenant herein shall apply to Tenant Affiliate;
C. Pursuant to a sublease (the "Sublease"), Tenant Affiliate will sublease its entire
interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain prepaid
consideration and Subtenant will then leaseback to Tenant (and/or one or more of its affiliates) the portion
of the leased premises on which Tenant's telecommunications equipment is currently located in exchange
for certain ongoing payments (collectively, the "Lease and Lease Back Transactions");
D. Certain lenders (each. together with their successors and assigns, a "Lender")
may make a loan to Subtenant or certain of its affiliates secured by a mongage or other security
instrument encumbering Subtenant" s interest in the Sublease; and
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
RICHLAND HILLS FIRE STATION 4 (DA13XC410) (1943-TX).DOC
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1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly, of
Tenant's interest in the Lease, (b) to the Sublease (and the recording of a memorandum of the Sublease)
and (c) to the Lease and Lease Back Transaction.
2. Estoppel Certificate. Landlord certifies that (and Lender may rely on such
representations) the following statements are true as of the date hereof:
(a) Tenant is the current tenant under the Lease (a ful1 copy of which, including a]] amendments
thereto, is annexed as Exhibit A), and the Lease is in fuH force and effect and contains the entire
agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner of the
fee simple interest in the Property or the holder of a valid leasehold mterest in the property and the person
or entity signing on behalf of Landlord is authorized to do so and no other person or entity's signature is
required to bind Landlord.
(b) No default exists under the Lease on the part of Tenant. and, to Landlord's knowledge, no
event or condition has occurred or exists which, with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otherwise in connection with the above consents.
3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as fol1ows:
(a) Lender and Subtenant shaH have al1 of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shal1 have the
right to assign the Sublease without Landlord's further consent.
(b) Landlord shal1 deliver to any Lender and Subtenant (in each case at such address as shall be
designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless received by such Lender or Subtenant.
(c) If Tenant defaults on any monetary obligations under the Lease, Landlord shaH accept a cure
thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults. For
non-monetary defaults, Landlord shaH not terminate the Lease for so long as a Lender or Subtenant is
diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such default.
Cd) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materia]]y increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior 'vritten consent of Lender.
( e) If the Lease is terminated by Landlord for any reason. or otherwise rejected in bankruptcy,
Landlord win enter into a new lease with either Lender or Subtenant on the same terms as the Lease,
provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to
Lender and Subtenant of such termination.
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RlCHLAND HILLS FIRE STATION 4 (DA13XC410) (1 943-TX).DOC
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4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records, the provisions of the Lease (with certain
financIal terms redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by
United States mail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shall have notified Landlord in writing.
6. Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shall control.
(b) This Agreement shall be binding upon Landlord and its successors and shal1 benefit each of
Lender and Subtenant and their respective successors and assigns.
(c) This Agreement may not be amended or modified except by a written agreement executed by
Landlord, any Lender and Subtenant. This Agreement may be executed in any number of separate
counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
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RICHLAND HILLS FIRE STATION 4 (DA13XC410) (l943-TX).DOC
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TENANT
IN WITNESS WHEREOF, the undersigned, by its duly elected officer(s) and pursuant to proper
authority has duly executed, acknowledged and delivered this instrument as its true act and deed.
SPRINT SPECTRUM L.P.,
a Delaware limited partnership
By:
Name:
Title:
RICHLAND HILLS FIRE STATJON 4 (DA13XC410) (1943-TX).DOC
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LANDLORD
IN WITNESS WHEREOF, the undersigned, pursuant to proper authority has du1y executed,
acknow1edged and delivered this instrument as its true act and deed.
THE CITY OF NORTH RICHLAND HILLS,
a Texas municipality
By:
Name:
Tit1e:
RICHLAND HILLS FIRE STATION 4 (DA13XC410) (l943-TX).DOC
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EXHIBIT A
Lease and Legal Description
(see attached)
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RlCHLAND HILLS FIRE STATION 4 (DA13XC410) (1943-TX).DOC
TOV\r:ER SITE
LEASE AGREEMENT
COVER PAGE
SITE # DA13XC410
TABLE OF CONTENTS
1. PREMISES..... ..... ............. ............ ...... .............................................. ........... ..~..... .............. 1
2. U BE.. ......... .... ..................... .......... ......... ......... ....... ...... ............ ........ ..... .......... ........ .......... ... 1
3. TERM .......... .................. ....................... ........... ......... ..... .............. ............... ................... ..... 2
3.1. Primary Term.......... ........... ...... ............ ........................ ............... ............. ................. 2
3.2. Exten d ed Term ..... ............. ............... .............. ................... ......... ..... ........... .............. 2
4. RENT ........ .... .............. .............. ...... ......... ..... ......... ....................... ............... ............. .... ..... 2
5. A C CESS AND UTILITIES ....... ....... ........... .................... ................. ....... ........ ................. 3
6. UTILITIES.......... ........ ........ .............. ..... .......................................... ..... ............ ................ 3
7. H OLD ING OVER ............................ ................................................................ ........ ......... 3
8. N OTI CE ....... ............ ....... ........... ......... .......... ........ ............... ............................... ......... ...... 3
9. LIABILITY AND INDEMNITY ...................................................................................... 4
J. O. TERMINA Tl 0 N ............................. ............................................................... .................. 4
11. D EF A UL T ....................................... .................. ............................................. .................. 5
12 . TAXES.. ......................... ......................................................................... ............. .... ......... 6
13. INSURAN CE............... .................... ...... .................... .................. ............ ...... .......... ........ 6
13.1. Required Insurance of Tenant ............................................................................ 6
13.2. P oIi ci es of Insur ance ........................... ............................ .......... ................... ......... 7
13.3. No Limitation on Liability .................................................................................. 7
13.4. Re I ease. ...... .......... ........... .................................... ................ ..................... ..... ...... .....7
14. F:DCTU RES .................. ....................................................... ............................................. 7
15. MEMORANDUM OF .AGREEMENT.......................................................................... 7
16. ASSIGNMENT AND SUBLETTING BY TENANT ................................................... 8
17. PERMITS... ............. ..... ....... .......... ............. ............ ..... ........ ............. ....... .......... .............. 8
18 . DEB T SE C URI'rY ........................ .......... ......... .... ............. ................ ............... .......... ..... 8
19. ENVIRONMENTAL MATTERS .................................................................................. 8
20. FEN CES ................. .................. .......... .............. ........ ....... ...................... ....... ................... 9
21. TITLE.. ............... ......... .... ...... ..................... ............. .......... .................... ..... ......... ........ ..... 9
22. CONDEMNATION OF PREMISES ............................................................................ 9
23. QUIET ENJ01'"MENT................................................ ............ ...... ...... ...........10
24. CO NTIN G EN CIES...... ........... ....... .......... .... ......... .......... .......... ......... ............ ............... 10
25. INTERFEREN CE ..... ............. ...................... ..... .... .................. ..... .... ......... ................... 11
26. ITEMS TO BE DELIVERED TO TENANT ..............................................................11
27. COMPLIANCE .................... ." ........................ .................. ........... ................................. 11
28. LIENS. ................... ..... ..... ................... ..................... ...... ........ ............ ........ ......... .......... ..11
29. SUBO RD INA TI ON ...................................................................................................... 11
30. ENTIRE AGREEMEI\Tlf AND BINDING EFFECT .................................................12
31. GOVERNING IA W . ....................................... .............. .................. .............................. 12
32. MISCELLANEOUS............................................. ...... ........ ...................... .....12
II
TO~VER SITE LEASE AGREEMENT
THIS TOWER SITE LE..4.SE AGREEMENT ("Lease") is made and entered into as
of the 13 day of October , 1997, by and between The City of North
Richland Hills, a Texas Municipality, ("Landlord"), and Sprint Spectrum L.P., a
Delaware limited partnership ("Tenant").
AGREEMENTS
1. PREMISES
Landlord leases to Tenant, and Tenant leases from Landlord, certain land owned
by Landlord, legally described on Exhibit A, and more p~rticularly illustrated, defined
and described in the attached Exhibit B, which are incorporated herein by reference and
made a part hereof for all purposes ("Premises"). Landlord also grants Tenant the Access
Easement and Utility Easement described in Section 5 of this Lease on, over, under and
upon the adjacent land of Landlord. It is further agreed that the survey obtained
hereunder by Tenant shall be substituted therefor and become Exhibit B to this Lease.
2. USE
The Premises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, and removing a telecommunications center as
described in this Lease, including but not limited to:
2.1. i\.ny and all antenna(s), dishes(es) and/or grids as Tenant may deem
appropriate.
2.2. Transmission lines and mounting and grounding hardware.
2.3. A concrete pad and a communications shelter ("Communication Shelter")
containing, without limitation, telecommunications equipment consisting of base
station(s), wireless communication equipment, switch(es), power supply(ies), battery(ies),
and accessories.
2.4. An emergency generator to be located, at -Tenant's option, within the
Communications Shelter, adjacent to the Communications Shelter or within a separate
shelter adjacent to the 'Communications Shelter. The fuel tank for the generator
(gasoline, diesel, butane, propane, LPG or other) may be located either inside or outside
the shelter(s), in accordance with applicable building codes.
2.5. A communications tower and related lights (the "Tower").
For the purposes of this Lease, all of Tenant's above-described equipment
antennas, dishes, lines, switches, power supplies, batteries, Communications Shelter,
generator, generator shelter, Tower, accessories, and necessary appurtenances will be
1
referred to herein collectively as the "Communications Facility".
The above-described concrete pad, Communications Shelter, equipment contained
therein, generator, and lines and equipment may be installed by Tenant or by any of
Tenant's agents or contractors. Tenant has the right to make alterations to the
Communications Facility from time to time as Tenant determines to be necessary or
desirable.
3. TERM
3.1. Primary Term
The primary term ("Prima..ry Term") of this Lease will be for five (5) years, and
will commence upon the date of full execution of this -Lease by both parties hereto
("Commencement Date") and will terminate at 11:59 p.m. on the date being five (5) years
therefrom, unless sooner terminated as provided herein.
3.2. Extended Term
Tenant is granted the option to extend the Primary Term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then
in default under this Lease. Each of Tenant's options to extend will be deemed
automatically exercised without any action by either party unless Tenant gives written
notice of its decision not to exercise any option(s) to Landlord before expiration of the
then current term.
4. RENT
Tenant agrees to pay Landlord the annual sum of Seven Thousand Two Hundred
Dollars ($7,200.00) ("Rent"), payable in advance, beginning on the first (1st) day of the
calendar month following the replacement/construction of the Tower and
installation/construction of the Communications Facility and on or before such date of
each and every calen4ar year during the Primary Term and each Extended Term, with
the rent during each Extended Term being increased fifteen percent (15%) over the
previous Primary Term or Extended Term. Rent will be paid to Landlord at its address
designated in Section 8.
In lieu of the payment of rent in the form of monetary compensation,
Landlord and Tenant agree that Landlord shall have the option to acquire Sprint PCS
phones and service at an amount and rate mutually agreed upon by Landlord and
Tenant, whereupon, at such time, the agreed cost and terms and conditions of such
equipment and services will offset the amount of monetary compensation currently
required under this Agreement. . The credit for equiþment and services is subject to full
and final negotiation and mutual agreement of the terms and conditions of such barter
rental.
2
5. ACCESS AND UTILITIES
Landlord grants to Tenant, for use by Tenant, its employees, agents, contractors
and by utility companies, an easement and license over, under, upon and across the
adjoining lands of Landlord, and rights-of·way or easements owned or leased by
Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from
the Premises and the Communications Facility (the "Access Easement"), and (ü) the
installation, operation and maintenance of necessary utilities for the Premises and the
Communications Facility (the "Utility Easement"). If reasonable in Tenant's opinion,
such Access Easement and Utility Easement will be over and lie within existing roads,
parking lots and/or roads hereafter established by Tenant. Tenant may improve the
Access Easement by grading, graveling and/or paving. The Access Easement and Utility
Easement, to the extent further identified, is more particularly described on Exhibit B.
Tenant will notify Landlord of any change in the partIcular location of any Access
Easement or Utility Easement, if such differs from the descriptions on Exhibit B hereto.
6. UTILITIES
Tenant will be solely responsible for and promptly pay all charges for gas,
electricity, telephone service, or any other utility used or consumed by Tenant on the
Premises. If necessary, Tenant will have a meter installed at the Premises for Tenant's
utility use, and the cost of such meter and of installation, maintenance, and repair
thereof will be paid for by Tenant. Tenant may install or improve existing utilities
servicing the Communications Facility and may install an electrical grounding system or
improve any existing electrical grounding system to provide the greatest possible
protection from lightning damage to the Communications Facility.
7. HOLDING OVER
If Tenant holds possession of the Premises or any portion thereof after the date
upon which the Premises are to be surrendered, Tenant will become a tenant on a
month-to-month basis upon all the terms, covenants, and conditions of this Lease except
those pertaining to the Lease term and, during any such month-to-month tenancy,
Tenant will pay monthly rent in an amount that is one-twelfth (1/12th) of the Rent.
Tenant will continue occupying the Premises from month-to-month until terminated by
Landlord or Tenant by the giving of thirty (30) days' prior written notice to the other.
8. NOTICE
All notices or demands are deemed to have been given or made when delivered in
person or mailed by certified, registered, or express mail, return receipt requested,
postage prepaid, United States mail, and addressed to .the applicable party as follows:
Landlord: City of North Richland Hills
P.O. Box 820609
North Richland Hiils, Texas 78162-0609
3
I
Attention: Randy Shiflet, Assistant City Manager
Phone #: (817)581-5505
Fax #: (817)581-5516
Tenant:
Sprint Spectrum L.P.
Site #: DA04XC410
1341 West Mockingbird Lane, Suite #600E
Dallas, Texas 75247
Attention: Property Manager
. Phone #: 214-640-0127
Fax #: 214-688-5883
with a copy to:
Sprint Spectrum L.P.
4717 Grand Avenue, Fifth Floor -
Kansas City, MO 64112
Attention: Business Law Group
A party may change its address to which any notice or demand may be given by
written notice thereof to the other party.
9. LIABILITY AND INDEMNITY
Tenant agrees to indemnify and save the Landlord harmless from all claims
(including costs and expenses of defending against such claims) arising from any breach
of this Lease by Tenant, or any negligent act, negligent omission or intentional tort of
Tenant or Tenant's agents, employees, contractors, invitees or licensees occurring during
the term of this Lease in or about the Premises. Landlord agrees to indemnify and save
Tenant harmless from all claims (including costs or expenses of defending against such
claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent
omission or intentional tort of Landlord or Landlord's agents, employees, contractors,
invitees, licensees. The provisions of this Section 9 will survive the termination of this
Lease.
10. TERMINATION
10.1. In addition to the right to terminate granted in Section 11 of this Lease,
Tenant has the right to te,rminate this Lease at any time upon any of the following
events:
10.1.1. Upon providing Landlord ninety (90) days prior written notice; or
10.1.2. If the approval of any agency, bQard, court, or other governmental
authority necessary for the construction and/or operation of the Communications
Facility cannot be obtained, or is revoked, or if Tenant, in its sole discretion,
determines the cost of obtaining such approval is prohibitive; or
4
10.1.3. If Tenant determines that the Premises are not appropriate for
locating the Communications Facility for technological reasons, including, but not
limited to, signal interference.
10.2. Tenant will give Landlord thirty (30) days written notice of termination of
this Lease under the terms of Section 10.1.2. and 10.1.3. above. Upon termination,
neither party will owe any further obligations under this Lease except for the
indemnities and hold harmless provisions in this Lease, the provisions of Section 19 of
this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's
responsibility for removing all of the Communications Facility from the Premises and
restoring the Premises to its condition as of the commencement date of this Lease, as
near as practicable (save and except utilities and fences installed, access areas improved,
removal of vegetation for construction purposes, concrete pads and guy anchors installed,
items constructed or changed by any person(s) or entity(Íés) other than Tenant, normal
wear and tear, and acts beyond Tenant's control).
10.3. Other than the rights and manner of termination as outlined herein and as
contained elsewhere within this Lease, Landlord acknowledges that Tenant's
Communication Facility will be used exclusively in rendering a public service subject to
the jurisdiction of the Federal Communications Commission ("FCC") and that Tenant's
Communication Facility may not be disconnected, interrupted or terminated in any
manner without the prior approval of the FCC.
11. DEFAULT
If Tenant fails to comply with any material provision of this Lease and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Landlord, Landlord may, at its option, terminate this Lease without affecting its right to
sue for all past due rentals and any other damages to which Landlord may be entitled. If
any such default cannot reasonably be cured within thirty (30) days, Tenant will not be
deemed to be in default under this Lease if Tenant commences curing such default
within the thirty (30) day period and thereafter diligently pursues such cure to
completion. If Landlord is entitled to collect or otherwise remedy said damages, and if
Landlord seeks enforcement of its rights through an attorney or other legal procedures,
Landlord is entitled to collect, in addition to any other amounts owed, its reasonable
costs and attorneys' fees thereby incurred.
If Landlord' fails to comply with any material provision of this Lease, and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Tenant, Tenant may, at its option, cure the failure at Landlord's expense (which expense
may, at Tenant's option, be deducted from rent) or terminate this Lease without affecting
its right to demand, sue for, and collect all of its damages arising out of Landlord's
failure to comply. If any such default cannot reasonably be cured within thirty (30) days,
Landlord will not be deemed to be in default under this Lease if Landlord commences
curing such default within tbe tbirty (30) day period and thereafter diligently pursues
5
such cure to completion. If Tenant is entitled to collect or otherwise remedy said
damages, and if Tenant seeks enforcement of its rights through an attorney or other
legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its
reasonable costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are not exclusive and the parties, in
the event of a breach of this Lease or a dispute, are entitled to pursue any of the
remedies provided in this Lease, by law, or by equity.
No course of dealing between the parties or any delay on the part of a party to
exercise any right it may have under this' Lease will operate as a waiver of any of the
rights provided hereunder or by law or equity, nor will any waiver of any prior default
operate as the waiver of any subsequent default, and no express waiver will affect any
term or condition other than the one specified in such wai'\fér and the express waiver will
apply only for the time and manner specifically stated.
12. TAXES
Unless separately billed to Tenant by a taxing authority, Tenant will pay annually
to Landlord an amount equal to any increase in real estate taxes attributable to any
improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's
share of any such tax within sixty (60) days of receipt of sufficient documentation
indicating calculation of Tenant's share and payment of the real estate taxes by
Landlord. Landlord must pay annually when due all real estate taxes and assessments
attributable to the Premises, the Access Easement, the Utility Easement, and the tax
lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish
evidence of payment of such assessments and taxes. Tenant shall be responsible for the
payment of all personal property taxes levied upon its Communications Facility,
inclusive of its equipment contained therein.
13. INSURANCE
13.1. Required Insurance of Tenant
Tenant must, during the term of this Lease and at Tenant's sole expense, obtain and
keep in force, not less than the following insurance:
13.1.~. Property insurance, including coverage for fire, extended coverage,
vandalism and malicious mischief, upon the Communications Facility in an
amount not less than ninety percent (90%) of the full replacement cost of the
Communications Facility;
13.1.2. Commercial General Liability; insuring operations hazard,
independent contractor hazard, contractual liability, and products and completed
operations liability, in limits not less than $5,000,000 combined single limit for
each occurrence for bodily injury, personal injury and property damage liability,
6
naming Landlord as an additional insured; and
13.1.3. "Vorkers' Compensation and Employer's Liability insurance.
13.2. Policies of Insurance
All required insurance policies must be taken out with reputable national insurers
that are licensed to do business in the jurisdiction where the Premises are located. Tenant
will deliver certificates of insurance to the Landlord upon request. All policies must
contain an undertaking by the insurers to notify the other party in writing not less than
fifteen (15) days before - any material change, reduction in coverage, cancellation, or
termination of the insurance.
13.3. No Limitation On Liability
The provision of insurance required in this Lease shall not be construed to limit or
otherwise affect the liability of any party to the other party.
13.4. Release
Landlord and Tenant release each other, and their respective principals, employees,
representatives and agents, from any claims for damage to any person or to the Property or
the improvements thereon that are caused by, or result from, risks insured against under
any insurance policies carried by the parties and in force at tbe time of any such damage
and any risks which would be covered by the insurance which such party is required to
c:ar:y hereunder. Each party shall cause each insurance policy obtained by it to provide
that the insurance company waives all right of recovery by way of subrogation against the
other party in connection with any damage covered by any policy.
14. FIXTURES
Landlord covenants and agrees that no part of the improvements installed,
constructed, erected or placed by Tenant on tbe Premises or other real property owned by
Landlord will be or become, or be considered as being, affixed to or a part of Landlord's
real property; and any and all provisions and principles of law to the contrary
notwithstanding, it is the specific intention of Landlord to covenant and agree hereby
that all personal property and improvements of every. kind and nature installed,
constructed, erected, or placed by Tenant on the Premises, or other real property owned
or leased by Land~ord, will be and remain the property of Tenant despite any default or
termination of this Lease and may be removed by Tenant any time in Tenant's discretion
provided that Tenant at its expense restores the Premises pursuant to Section 10.2.
15. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Easement and
Utility Easement, Landlord will sign a Memorandum of Lease. Tenant, at its sole
expense, may record the Memorandum of Lease in the land records of the recording
7
office(s) reasonable for notice purposes.
16. ..å£SIGNMENT ~.<\ND SUBLETTING BY TENANT
Tenant may, without Landlord's consent, assign or sublet any or an of Tenant's
interest in this Lease or any part thereof, andlor any or all of Tenant's right, title, and
interest in and to any or all of the Communications Facility, to any party controlling,
controlled by or in common control with Tenant or any party acquiring substantially all
of the assets of Tenant or any entity whose primary business is the provision of
commercial mobile radio service.
17. PERMITS
Landlord acknowledges that Tenant will be contacting the appropriate local
governmental agencies for the purposes of obtaining all building permits and approvals,
zoning changes and/or approvals, variances, use permits, and other governmental
permits and approvals (collectively, "Permits") necessary for the installation,
construction, operation and maintenance of the Communications Facility. Landlord
agrees to fully cooperate with Tenant in obtaining the Permits and, without limiting the
generality of the foregoing, to execute any applications, maps, certificates or other
documents that may be required in connection with the Permits.
18. DEBT SECURITY
Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust
or security deed, assign, create a security interest in, or otherwise execute and deliver
any and all instruments for the purpose of securing bona fide indebtedness any or all of
Tenant's interest in this Lease, any part thereof, and any and all of Tenant's right, title,
and interest in and to any and all of the Communications Facility. Promptly on Tenant's
or Tenant's lender's request, Landlord shall execute and deliver, and shall assist in
facilitating the execution and delivery of, all documents requested by any of Tenant's
lenders including but not limited to waivers of Landlord's right to levy or distrain upon
for rent any of Tenant's property given as security for a debt, consents that none of the
Communications Facility shall become fixtures, consents to giving notice to Tenant's
lender(s) in the event of Tenant's default under the provisions of this Lease, consents to
Tenant's assignment to any lender(s) of any and all of Tenant's interest in or to this
Lease and the Communications Facility and nondisturbance agreements from Landlord
and Landlord's lenders.
19. ENVIRONMENTAL MATTERS
Landlord will indemnify, protect, defend, and hold harmless Tenant from and
against all claims, suits, actions~ causes of action, assessments, losses, penalties, costs,
damages and expenses, including, without limitation, attorneys' fees, sustained or
incurred by Tenant pursuant to any federal, state or local laws, implementing
regulations, common law or otherwise, dealing with matters relating to the environment,
8
hazardous substances, toxic substances and/or contamination of any type whatsoever
(collectively, "Hazardous Substances") in, upon or beneath the Premises, Access
Easement or the Utility Easement, provided this indemnification shall not apply with
respect to any Hazardous Substances released by Tenant.
Tenant will indemnify, protect, defend and hold harmless Landlord from and
against all claims, suits, actions, causes of action, assessments, losses, penalties, costs,
damages and expenses, including, without limitation, attorneys' fees, sustained or
incurred by Landlord pursuant to any federal, state or local laws, implementing
regulations, common law or otherwise dealing with matters relating to Hazardous
Substances released by Tenant in, upon or beneath the Premises, Access Easement or
Utility Easement.
20. FENCES
During the Primary Term and each Extended Term, Tenant shall fence in that
portion of the Premises as Tenant determines is reasonable for the proper and efficient
operation and protection of the Communications Facility.
21. TITLE
Landlord represents and warrants to Tenant that Landlord has good and
marketable title to the Premises, Access Easement and Utility Easement, free and clear
rf all liens, encumbrances and exceptions, except those of record on the date of this Lease
Agreement, of duration and quality equal to that conveyed to Tenant by this Lease.
Landlord shall warrant and defend the same to Tenant against the claims and demands
of all persons and entities.
22. CONDEMNATION OF PREMISES
If any governmental, public body or other condemning authority takes, or if
Landlord transfers in lieu of such taking, all or part of the Premises, Access Easement or
Utility Easement thereby making it physically or financially infeasible for the Premises
to be used in the manner intended by the Lease, Tenant shall have the right to terminate
this Lease effective as of the date of the taking by the condemning party and the rental
shall be prorated appropriately. If only a portion of the Premises, Access Easement or
Utility Easement is taken, and Tenant does not elect to terminate this Lease under this
provision, then the Lease shall continue but rental payments provided under this Lease
shall abate proportionately as to the portion taken which is not then usable by Tenant,
and Landlord shall make all necessary repairs and alterations to restore the portion of
the Premises, Access Easement and Utility Easement remaining to as near their former
condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from
said condemnation or transfer).
9
23. QUIET ENJOYMENT
Landlord covenants that Tenant, upon paying the rent and observing the other
covenants and conditions herein upon its part to be observed, will peaceably and quietly
hold and enjoy the right to use the Premises, Access Easement and Utility· Easement on
the terms and conditions and for the purposes stated herein during the term of this
Lease, as it may be extended, without hindrance, ejection or molestation by Landlord or
any person(s) or entity(ies) claiming under the Landlord.
24. CONTINGENCIES
Notwithstanding anything contained herein to the contrary, and in addition to and
not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's
obligations under this Lease are conditioned upon:
24.1. Tenant's satisfaction with the status of title to the Premises "and, at
Tenant's option, Tenant's receipt of a leasehold title insurance policy insuring its
leasehold interest in the Premises, in form and substance satisfactory to Tenant.
Landlord shall execute the standard form of title company affidavit in order to enable
Tenant to obtain title insurance on the Premises free and clear of all exceptions other
than those which have been disclosed in writing to Tenant and which do not interfere
with Tenant's use of the Premises; and
24.2. Landlord's obtaining and furnishing to Tenant:
24.2.1. A non-disturbance agreement fully executed and in recordable form
between Tenant and the holder of any mortgage, lien, encumbrance, estate or any
other prior interest in the Premises, Access Easement, or Utility Easement
("Superior Interest Holder"); and
24.2.2. A written consent to this Lease executed by any Superior Interest
Holder, all in form and substance reasonably satisfactory to Tenant; and
24.3. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility
of engineering, installing, constructing and operating the Communication's Facility:
Tenant's receipt of all necessary or appropriate building and construction permits and all
licenses, permits, approvals and consents from all applicable governmental authorities
necessary or appropriate for Tenant to use and operate the Communication's Facility on
the Premises. .
Tenant is hereby given as the right to survey, soil test, radio coverage test, and to
conduct any other investigations needed to determine if the surface and location of the
Premises are suitable for Tenant's use intended by this Lease.
10
--.---"'-
25. IJI..'TERFERENCE
Landlord will not permit or suffer the installation and existence of any other
improvement (including, without limitation, transmission or reception devices) upon the
Premises, or any adjoining real property of Landlord, if such improvement interferes
with transmission or reception by Tenant's Communications Facility in any manner
whatsoever.
26. ITEMS TO BE DELIVERED TO TENANT
Within ten (10) days following the last date of execution of this Lease, Landlord
shall, to the extent available, deliver to Tenant an accurate copy of all engineering
reports, environmental audits, surveys, plats, plans, blueprints and other drawings
relating to the Premises.
27. COMPLIANCE
Landlord represents and warrants that all operations conducted by Landlord in
connection with the Property meet all applicable state, federal, county and local codes
and regulations. Landlord agrees that it will conduct its operations in the future in
accordance with all such codes and regulations. Landlord is not required to obtain any
consent under any ground lease, mortgage, deed of trust or other instrument
encumbering the Property in order for Tenant to construct, operate, maintain or access
the Communications Facility.
During the term of this Lease, Tenant will comply with all applicable laws relating
to Tenant's use of the Premises including, without limitation, posting requiIements of
the Federal Communications Commission. Tenant will not commit or suffer to be
committed any waste on the Premises or any nuisance.
28. LIENS
Tenant shall keep the Premises free from any liens ansmg out of any work
performed, materials furnished or obligations incurred by or on behalf of Tenant and
shall indemnify, defend and hold Landlord harmless from all claims, costs and liabilities,
including reasonable attorneys' fees and costs, in connection with or arising out of any
such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to
be released of record by payment or posting of a proper bond within thirty (30) days after
written request by Landlord.
29. SUBORDINATION
Tenant agrees that this Lease shall be subject -and subordinate to any mortgages
or deeds of trust now or hereafter placed upon the Premises and to all modifications
thereto, provided that Tenant's possession of the Premises shall not be disturbed so long
as Tenant continues to perform its duties and obligations under this Lease and Tenant's
11
obligation to perform such duties and obligations shall not be in any way increased or its
rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the
mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the
purchaser in a sale pursuant to the foreclosure thereof, or any other transfer in lieu of
foreclosure; provided that, Tenant's possession of, and leasehold interest in and to the
Premises, shall not be disturbed so long as Tenant shall continue to perform its duties
and obligations under this Lease.
Any sale, transfer or assignment of Landlord's interest herein in and to the
premises other than to Tenant, shall be subject to this Lease and Tenant's rights and
interest hereunder such that same shall not be disturbed.
30. ENTIRE AGREEMENT AND BINDING EFFECT
This Lease and any attached exhibits and nondisturbance and attornment
agreement(s) mentioning this Lease, constitute the entire agreement between Landlord
and Tenant; no prior written promises or prior contemporaneous or subsequent oral
promises or representations will be binding. This Lease will not be amended or changed
except by written instrument signed by the parties hereto. Section captions herein are
for convenience of reference only and neither limit nor amplify the provisions of this
Lease. The invalidity of any portion of this Lease shall not have any effect on the
balance thereof. The provisions of this Lease shall be binding upon and inure to the
benefit of the heirs, executors, administrators, successors, and assigns of Landlord and
Tenant. Each party hereto represents and warrants that it has authority to enter into
this Lease and shall be bound hereto by the signature of its duly authorized
representative below.
31. GOVERNING LAW
This Lease shall be governed by and in accordance with the laws of the state in which
the Premises are located.
32. MISCELLANEOUS
32.1 Landlord represents and warrants that Landlord has full authority to enter
into and execute this Lease and has good and indefensible title to the Premises. The
person executing on behalf of Landlord represents individually that such person has the
authority to execute this Lease on behalf of Landlord.
32.2 Tenant represents and warrants that it is duly authorized to do business in
the state in which the Premises are located and that the undersigned is fully authorized
by Lessee to enter into tbis Lease on behalf of Tenant
32.3 In the event of termination of this Lease Agreement pursuant to either (i)
Tenants default and failure to cure same within the applicable cure period, (ii) Tenant's
exercise of its right of early termination, (ill) Tenant's notice of its right not to renew this
12
Lease Agreement, (iv) expiration of any term or extended term of this Lease Agreement,
without renewal; or (v) any termination or expiration of this Lease Agreement pursuant
to the terms and conditions contained herein, then landlord shall, at its option, have the
right to either purchase the Tower, whereupon Tenant shall transfer, sell and assign all
of its right, title and interest in and to said Tower to Landlord in consideration of
payment of the purchase price of One ($1.00) Dollar or require Tenant to remove the
Tower in accordance with Section 10 hereof. In the event Landlord desires to purchase
the Tower, Landlord shall exercise such right by providing Tenant written notice thereof
within ten (10) days of the expiration or termination of this Lease Agreement.
Pursuant to Landiord's timely request, Tenant shall transfer, sell and assign said
Tower to Landlord free of any liens. Landlord shall take said Tower "as is and with all
faults", without any warranty, whether express or implied, including, without limitation,
the condition of the Tower (including, without limitatión, any implied or expressed
warranty of merchantability, fitness for a particular purpose, conformity to models or
samples of materials, environmental or geological conditions). Tenant expressly
disclaims and negates, and Landlord hereby waives said implied and expressed warranty
as described and illustrated above including, without limitation, any claim for damages
because of any latent or patent defects or other defects, whether known or unknown.
32.4.Tenant shall use its reasonable efforts in complying with landlord's request to
attach Landlord's communication equipment to the Tower at a level mutually agreed
upon by Tenant and Landlord. Tenant shall attach its communication platform and
antennas at the seventy-five (75) foot level. Prior to leasing space upon the Tower to any
third party and if Landlord's equipment is not then attached to the Tower, Tenant shall
provide written notice to landlord prior to entering a sublease agreement so as to allow
Landlord the right of first refusal to attach Landlord's equipment at the level offered to
the third party. Landlord shall have five (5) days from the receipt of such written notice
to exercise its right of first refusal by written notice to Tenant or same shall be deemed
waived.
32.5. Landlord's right to attach its equipment to the Tower is subject to and
conditions upon the structural integrity of the Tower and the interference provisions and
obligations contained in Section 25 of the Lease Agreement. Any judgment in connection
with the structural integrity of the Tower or interference protection shall be that of
Tenant's exercised in its reasonable discretion. Any use of the Tower by Landlord shall
be conditions upon said use not interfering with Tenant's or any other prior third party
users of the Tower'.
32.6. Tenant assumes no responsibility for the operation, licensing and/or
maintenance of Landlord's communication equipment or Landlord's activities in
connection with the Tower. Landlord shall submit any and all construction drawings,
plans and specifications to Tenant for Tenant's approval prior to any construction
activity of Landlord. Such approval shall not be unreasonably withheld or denied.
Landlord shall pay the cost of its utility service.
13
32.7. Landlord shall only use qualified contractors and personnel with respect to
Landlord's initial construction/installation of its communication equipment and also with
respect to all maintenance, repair, improvements and replacements thereto. No
materials may be used in the installation/construction of Landlord's equipment or
transmission lines that will cause corrosion, rust, or deterioration of the Tower or its
appurtenances. Landlord's equipment must be identified by a metal tag fastened
securely to its bracket on the Tower and the transmission lines are to be tagged at the
top and bottom of the runs. All of the foregoing shall be done at Landlord's sole risk,
cost and expense.
32.8. Landlord shån not alter or 'modify its initial installation of equipment
without the prior written approval of Tenant, with such approval not to be unreasonably
withheld or delayed.
32.9. In the event Tenant subleases space on the Tower to a third party, other
than a party controlled by, controlling or in common control with Tenant, then Tenant
shall pay to landlord, as additional compensation hereunder, an amount equal to Three
Hundred ($300.00) Dollars per month for each said sublessee during the term of the
particular sublease. The above-referenced additional compensation shall remain
constant through the Primary Term and any Extended Term and not subject to any
escalation clauses contained herein.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the
date and year first above written.
TENANT:
LANDLORD:
SPRINT SPECTRUM L.P.
::Z;:Ä
Name: Tommy town
BY:F~
Jack Hyndman
Director, Engineering and
Network Operations
Date: ~'17 .
Title:
Mayor
Date:
10/13/97
Federal Tax Identification Number
1-75-6005194
(Please Complete· Tax ill # Required)
Site #: DA13XC410
h:corole:leases:sltl'leas:41011'OS1'9-16.d.ac
9/J6/97
14
EXHIBIT A
Site LD. #: DA13XC410
LEGAL DESCRIPTION
North Richland Hills
Tarrant
State of Texas,
County of
Site situated in or near the City of
commonly described aJ follows:
Lot 1 R, Block 1, Civil Centre Addition to the City of North Richland Hills,
Tarrant County, Texas.
Owner Initi~
"
SSLP InitialS-¥-
Date Revised
Date: /OJ¡~/q7
.
Date)Þ) j})lJ7
.
Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal description
of tbe property on which the Site is located andlor an aJ ·built drawing depicting the Site.
h.-carole: leases:e:rha.doc
8/18/97
15
EXHIBIT B
Site LD, #: DA- i:?X' Gt1 I D
SKETCH OF SITE
Site situated in or near the City of .li. ti Ut IIlr1A Jh lISCounty of í tLWa..V.:r . Stale of Te~a.>, described as
follows:
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. .
c;
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Owner Initi~ Dàte:
(y J1- \
SSLP Initials Tº- Date:
Date Revised
Note: Owner and SSLP may. at SSLP's option. replace this Exhibit witb an exhibit setting forth tbe legal description
of tbe property on which the Site is located and/or an as-built drawmg depictmg tbe Site.
c:carol/!: ~ases: I!:r.h b. doc
1/31/97
·
......
".
Sprint
February 25.2005
NORTH RICHLAND HILLS, CITY OF
7301 N E LOOP 820
A TTN TERRY KINIZIE
NORTH RICHLAND HILLS. TX 76180
Re: Estoppel Certificate l868-DA03XC242
Dear NORTH RICH LAND HILLS, CITY OF:
Sprint is excited to announce that it has recently entered into an agreement with Global
Signal whereby Global Signal wiJ] sublease from Sprint its interest in the Lease with you and wilJ
manage the existing tower on Sprint" s behalf. Accordingly, Global Signal will assume Sprint's
obligations under the Lease.
In connection with this transaction, it is important that Landlord and Sprint make certain
acknowledgments with respect to certain matters in the Lease by executing the estoppel
certificate enclosed herewith. Sprint has approved the form of the enclosed estoppel.
· Global Signal is one of the largest wireless communication tower owners in the United
States based on the number of towers owned. Weare confident that both you and Sprint will
benefit from Global Signal's very substantial experience in operating and managing
communications towers.
For your convenience, we have enclosed a pre-addressed and pre-paid Federal Express
envelope. Please execute the enclosed estoppel and fOf\\lard the same using the enclosed
envelope or mail to: Global Signal Inc. (project CL-EST). 301 North Cattlemen Road Suite 300,
Sarasota. Florida 34232 within the next week.
Please calJ Global Signal if you need any assistance or have any questions regarding this
matter. You can reach Global SignaJ"s estoppel hotline by calling (888) 748-3482. extension
3590. Sprint has authorized Global Signal to act on its behalf in this regard.
Sprint thanks you in advance for your cooperation and prompt attention to this important
matter and looks forward to continued good relations with you.
Very truly yours.
C---c9v]fY1(~
·
\
,
¡
.!.
Ænclosures
·
·
·
Recording requested by
and when recorded
return to:
Global Signal Inc.
301 North Cattleman Road
Suite 300
Sarasota, FL 34232
Attn: General Counsel
AGREEMENT REGARDING GROUND LEASE
THIS AGREEMENT REGARDING GROUND LEASE (this "Al!reement") is made as
of . :W05, between the party identified as "Landlord" on the signature page hereof and
SPRINT SPECTRUM L.P.. a Delaware limited partnership ("Tenant").
R E C I TAL S:
A. LandIord and Tenant are now parties to that certain TOWER SITE LEASE
AGREEMENT dated June 27, 1996. a copy of which is annexed hereto as Exhibit A (the "Lease"),
covering certain real property more particularly described on Exhibit A attached hereto (the "Propertv");
B. Pursuant to an agreement dated February 14, 2005 by and among Tenant certain
subsidiaries of Tenant and Global Signal, Inc., the Lease and the property related thereto (the "Premises")
will be assigned to an affiliate of Tenant ("Tenant Affiliate"); and, after such assignment. the references
to Tenant herein shall apply to Tenant Affiliate;
C. Pursuant to a sublease (the "Sublease"), Tenant Affiliate will sublease its entire
interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain prepaid
consideration and Subtenant will then leaseback to Tenant (and/or one or more of its affiliates) the portion
of the leased premises on which Tenant's telecommunications equipment is currently located in exchange
for certain ongoing payments (collectively, the "Lease and Lease Back Transactions");
D. Certain lenders (each, together with their successors and assigns, a "Lender")
may make a loan to Subtenant or certain of its affiliates secured by a mortgage or other security
instrument encumbering Subtenant's interest in the Sublease: and
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
HALTOM CITY P ARK(DA03XC242)(] 868- TX).doc
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.
.
1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly, of
Tenant's interest in the Lease. (b) to the Sublease (and the recording of a memorandum of the Sublease)
and (c) to the Lease and Lease Back Transaction.
.., Estoppel Certificate. Landlord certifies that (and Lender may rely on such
representations) the following statements are true as of the date hereof:
(a) Tenant is the current tenant under the Lease (a full copy of which, including all amendments
thereto, is annexed as Exhibit A). and the Lease is in full force and effect and contains the entire
agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner of the
fee simple interest in the Property or the holder of a valid leasehold interest in the property and the person
or entity signing on behalf of Landlord is authorized to do so and no other person or entity's signature is
required to bind Landlord.
(b) No default exists under the Lease on the part of Tenant. and, to Landlord's knowledge. no
event or condition has occurred or exists which. with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otherwise in connection with the above consents.
3. A2:reement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as follows:
(a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease. and shall have the
right to assign the Sublease without Landlord's further consent
(b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall be
designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless received by such Lender or Subtenant
(c) If Tenant defaults on any monetary obligations under the Lease. Landlord shall accept a cure
thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults. For
non-monetary defaults, Landlord shall not terminate the Lease for so long as a Lender or Subtenant is
diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such default
(d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior written consent of Lender.
(e) If the Lease is terminated by Landlord for any reason. or otherwise rejected in bankruptcy,
Landlord will enter into a new lease with either Lender or Subtenant on the same terms as the Lease.
provided that all past due amounts under the Lease are paid to Landlord within 30 days of notice to
Lender and Subtenant of such termination.
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HALTOM CITY PARK(DA03XC242)(1868-TX).doc
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4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded. this Agreement shall constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records. the provisions of the Lease (with certain
financial terms redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by
United States mail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota. FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shall have notified Landlord in writing.
6. Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shall control.
(b) This Agreement shall be binding upon Landlord and its successors and shall benefit each of
Lender and Subtenant and their respective successors and assigns.
(c) This Agreement may not be amended or modified except by a written agreement executed by
Landlord, any Lender and Subtenant. This Agreement may be executed in any number of separate
counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
3
HALTOM CITY PARK(DA03XC242)(l868-TX).doc
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TENANT
IN WITNESS WHEREOF. the undersigned. by its duly elected officer(s) and pursuant to proper
authority has duly executed, acknowledged and delivered this instrument as its true act and deed.
SPRINT SPECTRUM L.P..
a Delaware limited partnership
By:
Name:
Title:
HALTOM CITY PARK(DA03XC242)(I868-TX).doc
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LANDLORD
IN WITNESS WHEREOF, the undersigned, by its duly elected officer(s) and pursuant to proper
authority of its board of directors has duly executed, acknowledged and delivered this instrument as its
true act and deed.
CITY OF NORTH RICHLAND HILLS.
a Texas municipality
By:
Name:
Title:
HALTOM CITY P ARK(DA03XC242)(1868- TX).doc
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EXHIBIT A
Lease and Legal Description
(see attached)
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HALTOM CITY PARK(DA03XC242)(] 868-TX).doc
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TOWER SITE LEASE AGREEMENT
and Sprint
AGREEMENTS
1. PREMISES
Landlord leases to Tenant, and Tenant leases from Landlord, certain land owned
by Landlord, legally described on Exhibit A ("Premises"). Landlord also grants Tenant
the Access Easement and Utility Easement described in Section 5 of this Lease on, over,
under and upon the adjacent land of Landlord.
2. USE
The Premises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, and removing a telecommunications center as
dEscribed in this Lease, including but not limited to:
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2.1. Any and all antenna(s), dishes(es) and/or grids as Tenant may deem
appropriate.
2.2. Transmission lines and mounting and grounding hardware.
2.3. A concrete pad and a communications shelter ("Communication Shelter")
containing, without limitation, telecommunications equipment consisting of base
station(s), wireless communication equipment, switch(es), power supply(ies), battery(ies),
and accessories.
2.4. An emergency generator to be located, at Tenant's option, within the
Communications Shelter, adjacent to the Communications Shelter or within a separate
shelter adjacent to the Communications Shelter. The fuel tank for the generator
(gasoline, diesel, butane, propane, LPG or other) may be located either inside or outside
the shelter(s), in accordance with applicable building cOdes'fr: 0' ¡}-
2.5. A communications tower and related a- ".J_ 1: -- __.J li¥hts (the "Tower").
For the purposes of this Lease, all of Tenant's above-described equipment
antennas, dishes, lines, switches, power supplies, batteries, Communications Shelter,
generator, generator shelter, Tower, accessories, and necessary appurtenances will be
referred to herein collectively as the "Communications Facility".
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The above-described concrete pad, Communications Shelter, equipment contained
therein, generator, and lines and equipment may be installed by Tenant or by any of
Tenant's agents or contractors. Tenant has the right to make alterations to the
Communications Facility from time to time as Tenant determines to be necessary or
desirable.
3. TERM
3.1. Primary Term
The primary term ("Primary Term") of this Lease will be for ~ I V ~ ~
years, and will commence on Ik ú~ù7'f' I \ q~. and will terminate at 11:59 p.m.
on J ¡..1 '- ~ ? 1 i 1. t? 0 I , urÍiess sooner terminated as provided herein.
3.2. Extended Term
Tenant is granted the option to extend the Primary Term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then
in default under this Lease. Each of Tenant's options to extend will be deemed
a utomatically exercised without any action by either party unless Tenant gives written
notice of its decision not to exercise any option(s) to Landlord before expiration of the
tl·.en current term.
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4. RENT
Tenant agrees to pay Landlord the annual sum of 5¿y~ µ -r'{' {':wt? ~Q
($ ~Za?" Ot?) ("Rent"), payable in advance on or before A 0.160 7~ \ of each and
eve calendar year durmg the Pnmary Term and each Extended Term, wIth the rent
during each Extended Term being increased fifteen percent (15%) over the previous
Primary Term or Extended Term. Rent will be paid to Landlord at its address
designated in Section 8.
Rent for any period during the term of this Lease that is less than one (1) year will
be prorated based on a three hundred sixty-five (365) day year.
5. ACCESS AND UTILITIES ~~\)\'/
Landlord grants to Tenant, for use by Tenant, its employees, agents, contractors and by utility
companies, an easement and license over, under, upon and across the adjoining lands of
Landlord, and rights-of-way or easement owned or leased by Landlord, on a twenty-four (24)
hour daily basis, for (i) ingress and egress to and from the Premises and Communications
Facility (the "Access Easement") and (ii) the installation., operation and maintenance of
necessary utilities for the Premises and the Communications Facility (the "Utility Easement")
over existing roads or paths or roads or paths to be constructed in the future with approval of the
Landlord. Tenant may improve the Access Easement or road by grading, graveling and/or
paving, with the consent of Landlord. The Access Easement, to the extent :further id~ntified, is
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more particularly described on Exhibit B, and Utility Easement:, to the exte~t further identifièd
and not lying within the Assess Easement, is more particularly described on Exhibit C. Tenant
will notify Landlord of any change in the particular location of any Access Easement or Utility
Easement, if such differs from the descriptions on Exhibits B and C hereto and any change shall
be approved by Landlord before it may be changed. _(X r r-_ .
L Ä"'¡ c:Ã~ E:- -r::;:::. ~ E"~'- ~ 1?'-í ~ \. - , ~~,---. - y 1I.r-
6. UTILITIES
Tenant will be solely responsible for and promptly pay all charges for gas,
electricity, telephone service, or any other utility used or consumed by Tenant on the
Premises. If necessary, Tenant will have a meter installed at the Premises for Tenant's
utility use, and the cost of such meter and of installation, maintenance, and repair
thereof will be paid for by Tenant. Tenant may install or improve existing utilities
servicing the Communications Facility and may install an electrical grounding system or
improve any existing electrical grounding system to provide the greatest possible
protection from lightning damage to the Communications Facility.
7. HOLDING OVER
.
If Tenant holds possession of the Premises or any portion thereof after the date
u;:JOn which the Premises are to be surrendered, Tenant will become a tenant on a
month-to-month basis upon all the terms, covenants, and conditions of this Lease except
those pertaining to the Lease term and, during any such month-to-month tenancy,
Tenant will pay monthly rent in an amount that is one-twelfth (1!l2th) of the Rent.
Tenant will continue occupying the Premises from month-to-month until terminated by
Landlord or Tenant by the giving of thirty (30) days' prior written notice to the other.
8. NOTICE
All notices or demands are deemed to have been given or made when delivered in
person or mailed by certified, registered, or express mail, return receipt requested,
postage prepaid, United States mail, and addressed to the applicable party as follows:
Landlord: c., 'l""<-(' e' ~ NO~"'n-f- f,Z ,?&.}-~ 9 ~L t....1--:7
~~ &,'i <l~~ q
^ n~ IÛ c.~k.f>rN~ \ ~ It-.
I
'1~,(.,.J-- Oloo~
Attention: R. frPJ i:I ~ S;¡.t I r L€--i , fr5~ í c..:c; t'Y\. 'r .
Tenant: Sprint Spectrum L.P.
Site #: f1W ~1.,¿'7
1341 West Mockingbird Lane, Suite #600Y.
Dallas, Texas 75247 I }/
Attention: Property Manager q IJ
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with a copy to:
Sprint Spectrum L.P.
4717 Grand Avenue, Fifth Floor
Kansas City, MO 64112
Attention: Business Law Group
A party may change its address to which any notice or demand may be given by
written notice thereof to the other party.
9. LIABILITY AND INDEMNITY
Tenant agrees to indemnify and save the Landlord harmless from all claims
(including costs and expenses of defending against such claims) arising from any breach
of this Lease by Tenant, or any negligent act, negligent omission or intentional tort of
Tenant or Tenant's agents, employees, contractors, invitees or licensees occurring during
the term of this Lease in or about the Premises. Landlord agrees to indemnify and save
Tenant harmless from all claims (including costs or expenses of defending against such
claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent
omission or intentional tort of Landlord or Landlord's agents, employees, contractors,
invitees, licensees. The provisions of this Section 9 will survive the termination of this
Lease.
10. TERMINATION
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10.1. In addition to the right to terminate granted in Section 11 of this Lease,
Tenant has the right to terminate this Lease at any time upon any of the fo,llowing
events:
10.1.1. Upon providing Landlord ninety (90) days prior written notice; or
10.1.2. If the approval of any agency, board, court, or other governmental
authority necessary for the construction and/or operation of the Communications
Facility cannot be obtained, or is revoked, or if Tenant, in its sole discretion,
determines the cost of obtaining such approval is prohibitive; or
10.1.3. If Tenant determines that the Premises are not appropriate for
locating the Communications Facility for technological reasons, including, but not
limited to, signal interference.
10.2. Tenant will give Landlord thirty (30) days written notice of termination of
this Lease under the terms of Section 10.1.2. and 10.1.3. above. Upon termination,
neither party will owe any further obligations under this Lease except for the
indemnities and hold harmless provisions in this Lease, the provisions of Section 20 of
this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's
responsibility for removing all of the Communications Facility from the Premises and
restoring the Premises to its condition as of the commencement date of this Lease, as
near as practicable (save and except utilities and fences installed, access areas improved,
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removal of vegetation for construction purposes, concrete pads and guy anchors installed,
items constructed or changed by any person(s) or entity(ies) other than Tenant, normal
wear and tear, and acts beyond Tenant's control).
10.3. Other than the rights and manner of termination as outlined herein and as
contained elsewhere within this Lease, Landlord acknowledges that Tenant's
Communication Facility will be used exclusively in rendering a public service subject to
the jurisdiction of the Federal Communications Commission ("FCC") and that Tenant's
Communication Facility may not be disconnected, interrupted or terminated in any
manner without the prior approval of the FCC.
11. DEFAULT
.
If Tenant fails to comply with any material provision of this Lease and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Landlord. Landlord may, at its option, terminate this Lease without affecting its right to
sue for all past due rentals and any other damages to which Landlord may be entitled. If
. any such default cannot reasonably be cured within thirty (30) days, Tenant will not be
deemed to be in default under this Lease if Tenant commences curing such default
within the thirty (30) day period and thereafter diligently pursues such cure to
completion. If Landlord is entitled to collect or otherwise remedy said damages, and if
Landlord seeks enforcement of its rights through an attorney or other legal procedures,
Landlord is entitled to collect, in addition to any other amounts owed, its reasonable
costs and attorneys' fees thereby incurred.
If Landlord fails to comply with any material provision of this Lease, and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Tenant. Tenant may, at its option, cure the failure at Landlord's expense (which expense
may, at Tenant's option, be deducted from rent) or terminate this Lease without affecting
its right to demand, sue for, and collect all of its damages arising out of Landlord's
failure to comply. If any such default cannot reasonably be cured within thirty (30) days,
Landlord will not be deemed to be in default under this Lease if Landlord commences
curing such default within the thirty (30) day period and thereafter diligently pursues
such cure to completion. If Tenant is entitled to collect or otherwise remedy said
damages, and if Tenant seeks enforcement of its rights through an attorney or other
legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its
reasonable costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are not exclusive and the parties, in
the event of a breach of this Lease or a dispute, are entitled to pursue any of the
remedies provided in this Lease, by law, or by equity.
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No course of dealing between the parties or any delay on the part of a party to
exercise any right it may have under this Lease will operate as a waiver of any of the
rights provided hereunder or by law or equity, nor will any waiver of any prior default
operate as the waiver of any subsequent default, and no express waiver will affect any
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term or condition other than the one specified in such waiver and the express waiver will
apply only for the time and manner specifically stated.
12. TAXES
Unless separately billed to Tenant by a taxing authority, Tenant will pay annually
to Landlord an amount equal to any increase in real estate taxes attributable to any
improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's
share of any such tax within sixty (60) days of receipt of sufficient documentation
indicating calculation of Tenant's share and payment of the real estate taxes by
Landlord. Landlord must pay annually when due all real estate taxes and assessments
attributable to the Premises, the Access Easement, the Utility Easement, and the tax
lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish
evidence of payment of such assessments and taxes. Tenant shall be responsible for the
payment of all personal property taxes levied upon its Communications Facility,
inclusive of its equipment contained therein.
13. INSURANCE
13.1. Required Insurance of Tenant
Tenant must, during the term of this Lease and at Tenant's sole expense, obtain and
keep in force, not less than the following insurance:
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13.1.1. Property insurance, including coverage for fire, extended coverage,
vandalism and malicious mischief, upon the Communications Facility in an
amount not less than ninety percent (90%) of the full replacement cost of the
Communications Facility;
13.1.2. Commercial General Liability insuring operations hazard,
independent contractor hazard, contractual liability, and products and completed
operations liability, in limits not less than $5,000,000 combined single limit for
each occurrence for bodily injury, personal injury and property damage liability,
naming Landlord as an additional insured; and
13.1.3. Workers' Compensation and Employer's Liability insurance.
13.2. Required Insurance of Landlord
Landlord must, during the term of this Lease and at Landlord's sole expense, obtain
and keep in force, the following insurance:
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13.2.1. Property insurance, including coverage for fIre, extended coverage,
vandalism and malicious mischief on the Site, in an amount not less than 90% of
the full replacement cost of the Site (excluding, however, the Communications
Facility); and
13.2.2. Commercial General Liability insuring operations hazard,
independent contractor hazard, contractual liability and products and completed
operations liability, in limits not less than $5,000,000 combined single limit for
each occurrence for bodily injury, personal injury and property damage liability,
naming Tenant as an additional insured.
13.3. Policies of Insurance
All required insurance policies must be taken out with reputable national insurers
that are licensed to do business in the jurisdiction were the Premises are located. Each
party will deliver certificates of insurance to the other party upon request. All policies
must contain an undertaking by the insurers to notify the other party in writing not less
than fifteen (15) days before any material change, reduction in coverage, cancellation, or
termination of the insurance.
14. PREFERENTIAL RIGHT TO PURCHASE
.
If Landlord receives, during the Primary Term or any Extended Term, a bona fide
offer to purchase Landlord's interest, or any portion thereof, in and to the Premises,
Access Easement, Utility Easement, or any portion thereof (said property rights together
with any of the property covered by said offer being referred to collectively in this Lease
as the "Subject Lands"), on terms and conditions acceptable to Landlord, Landlord must
refrain from accepting such offer until Landlord has given Tenant written notice of such
offer, together with a true, correct, and complete copy of such offer, and has afforded
Tenant twenty-one (21) business days following Tenant's receipt of such notice in which
to review and consider the same.
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Tenant shall have the preferential right to purchase Landlord's interest in and to
the Subject Lands on substantially similar terms and conditions set forth in such offer,
except as otherwise provided below, and except that, in the case of any proposed property
swap, the purchase price shall be the fair market value of the property plus boot offered.
The right to purchase may be exercised by Tenant by delivering to Landlord, prior to
6:00 p.m. Central Time on the twenty-first (21st) business day following Tenant's receipt
of Landlord's notice of a bona fide offer, written notice of Tenant's election to exercise
such right to purchase. The closing of the transaction resulting from Tenant's exercise of
Tenant's preferential right to purchase shall take place at Tenant's nearest business
office no earlier than thixty (30) days following Tenant's exercise of this preferential right
to purchase. If Tenant fails or declines to exercise Tenant's preferential right to
purchase, then this Lease shall continue in full force and effect. Tenant's preferèntial
right to purchase will survive any sale and conveyance of Landlord's interest in the
Subject Lands, and will remain effective with respect to any subsequent offer to purchase
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the Subject Lands or any subdivided part thereof for the shorter of forty (40) years from
the commencement date of the Primary Term, the maximum time limit allowed by the
rule against perpetuities, or the date of Lease termination.
15. FIXTURES
Landlord covenants and agrees that no part of the improvements installed,
constructed, erected or placed by Tenant on the Premises or other real property owned by
Landlord will be or become, or be considered as being, affixed to or a part of Landlord's
real property; and any and all provisions and principles of law to the contrary
notwithstanding, it is the specific intention of Landlord to covenant and agree hereby
that all personal property and improvements of every kind and nature installed,
constructed, erected, or placed by Tenant on the Premises, or other real property owned
or leased by Landlord, will be and remain the property of Tenant despite any default or
termination of this Lease and may be removed by Tenant any time in Tenant's discretion
provided that Tenant at its expense restores the Premises pursuant to Section 10.2.
16. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Easement and
Utility Easement, eaeh party, at the request of the other, will sign a Memorandum of
Lease, Easements and Right of First Refusal. Tenant, at its sole expense, may record the
Memorandum of Lease, Easements and Right of First Refusal in the land records of the
recording office(s) reasonable for notice purposes.
17. ASSIGNMENT AND SUBLETTING BY TENANT
Tenant may, without Landlord's consent, assign or sublet any or all of Tenant's
interest in this Lease or any part thereof, and/or any or all of Tenant's right, title, and
interest in and to any or all of the Communications Facility, to any party controlling,
controlled by or in common control with Tenant or any party acquiring substantially all
of the assets of Tenant.
18. PERMITS
Landlord acknowledges that Tenant will be contacting the appropriate local
governmental agencies for the purposes of obtaining all building permits and approvals,
zoning changes and/or approvals, variances, use permits, and other governmental
permits and approvals (collectively, "Permits") necessary for the installation,
construction, operation and maintenance of the Communications Facility. Landlord
agrees to fully cooperate with Tenant in obtaining the Permits and, without limiting the
generality of the foregoing, to execute any applications, maps, certificates or other
documents that may be required in connection with the Permits.
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19. DEBT SECURITY
Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust
or security deed, assign, create a security interest in, or otherwise execute and deliver
any and all instruments for the purpose of securing bona fide indebtedness any or all of
Tenant's interest in this Lease, any part thereof, and any and all of Tenant's right, title,
and interest in and to any and all of the Communications Facility. Promptly on Tenant's
or Tenant's lender's request, Landlord shall execute and deliver, and shall assist in
facilitating the execution and delivery of, all documents requested by any of Tenant's
lenders including but not limited to waivers of Landlord's right to levy or distrain upon
for rent any of Tenant's property given as security for a debt, consents that none of the
Communications Facility shall become fixtures, consents to giving notice to Tenant's
lender(s) in the event of Tenant's default under the provisions of this Lease, consents to
Tenant's assignment to any lender(s) of any and all of Tenant's interest in or to this
Lease and the Communications Facility and nondisturbance agreements from Landlord
and Landlord's lenders.
20. ENVIRONMENTAL MATTERS
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Landlord will indemnify, protect, defend, and hold harmless Tenant from and
against all claims, suits, actions, causes of action, assessments, losses, penalties, costs,
daj:nages and expenses, including, without limitation, attorneys' fees, sustained or
incurred by Tenant pursuant to any federal, state or local laws, implementing
regulations, common law or otherwise, dealing with matters relating to the environment,
hazardous substances, toxic substances and/or contamination of any type whatsoever
(collectively, "Hazardous Substances") in, upon or beneath the Premises, Access
Easement or the Utility Easement, provided this indemnification shall not apply with
respect to any Hazardous Substances released by Tenant.
Tenant will indemnify, protect, defend and hold harmless Landlord from and
against all claims, suits, actions, causes of action, assessments, losses, penalties, costs,
damages and expenses, including, without limitation, attorneys' fees, sustained or
incurred by Landlord pursuant to any federal, state or local laws, implementing
regulations, common law or otherwise dealing with matters relating to Hazardous
Substances released by Tenant in, upon or beneath the Premises, Access Easement or
Utility Easement.
21. FENCES ~¡} ¡¡-
During the Primary Term and each Extended Term, Tenant~1;nce in that
portion of tbe Premises as Tenant determines is reasonable for the proper and efficient
operation and protection of the Communications Facility.
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22.. TITLE
Landlord represents and warrants to Tenant that Landlord has good and
marketable title to the Premises, Access Easement and Utility Easement, free and clear
of all liens, encumbrances and exceptions, except those of record on the date of this Lease
Agreement, of duration and quality equal to that conveyed to Tenant by this Lease.
Landlord shall warrant and defend the same to Tenant against the claims and demands
of all persons and entities.
23. CONDEMNATION OF PREMISES
If any governmental, public body or other condemning authority takes, or if
Landlord transfers in lieu of such taking, all or part of the Premises, Access Easement or
Utility Easement thereby making it physically or financially infeasible for the Premises
to be used in the manner intended by the Lease, Tenant shall have the right to terminate
this Lease effective as of the date of the taking by the condemning party and the rental
shall be prorated appropriately. If only a portion of the Premises, Access Easement or
Utility Easement is taken, and Tenant does not elect to terminate this Lease under this
provision, then the Lease shall continue but rental payments provided under this Lease
shall abate proportionately as to the portion taken which is not then usable by Tenant,
and Landlord shall make all necessary repairs and alterations to restore the portion of
the Premises, Access Easement and Utility Easement remaining to as near their former
condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from
said condemnation or transfer).
24. QUIET ENJOYMENT
Landlord covenants that Tenant, upon paying the rent and observing the other
covenants and conditions herein upon its part to be observed, will peaceably and quietly
hold and enjoy the right to use the Premises, Access Easement and Utility Easement on
the terms and conditions and for the purposes stated herein during the term of this
Lease, as it may be extended, without hindrance, ejection or molestation by Landlord or
any person(s) or entity(ies) claiming under the Landlord.
25. CONTINGENCIES
Notwithstanding anything contained herein to the contrary, and in addition to and
not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's
obligations under this Lease are conditioned upon:
25.1. Tenant's satisfaction with the status of title to the Premises and, at
Tenant's option, Tenant's receipt of a leasehold title insurance policy insuring its
leasehold interest in the Premises, in form and substance satisfactory to Tenant.
Landlord shall execute the standard form of title company affidavit in order to enable
Tenant to obtain title insurance on the Premises free and clear of all exceptions other
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than those which have been disclosed in writing to Tenant and which do not interfere
with Tenant's use of the Premises; and
25.2. Landlord's obtaining and furnishing to Tenant:
25.2.1. A non-disturbance agreement fully executed and in recordable form
between Tenant and the holder of any mortgage, lien, encumbrance, estate or any
other prior interest in the Premises, Access Easement, or Utility Easement
("Superior Interest Holder"); and
25.2.2. A written consent to this Lease executed by any Superior Interest
Holder, all in form and substance reasonably satisfactory to Tenant; and
25.3. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility
of engineering, installing, constructing and operating the Communication's Facility:
Tenant's receipt of all necessary or appropriate building and construction permits and all
licenses, permits, approvals and consents from all applicable governmental authorities
necessary or appropriate for Tenant to use and operate the Communication's Facility on
the Premises.
·
Tenant is hereby given as the right to survey, soil test, radio coverage test, and to
ctlnduct any other investigations needed to determine if the surface and location of the
Premises are suitable for Tenant's use intended by this Lease.
26. INTERFERENCE
Lessor will not permit or suffer the installation and existence of any other
improvement (including, without limitation, transmission or reception devices) upon the
Property if such improvement interferes with transmission or reception by Lessee's
Communications Facility in any manner whatsoever.
27. ITEMS TO BE DELIVERED TO TENANT
Within ten (10) days following the last date of execution of this Lease, Landlord
shall, to the extent available, deliver to Tenant an accurate copy of all engineering
reports, environmental audits, surveys, plats, plans, blueprints and other drawings
relating to the Premises.
28. COMPLIANCE
Landlord represents and warrants that all operations conducted by Landlord in
connection with the Property meet all applicable state, federal, cowlty and local codes
and regulations. Landlord agrees that it will conduct its operations in the future in
accordance with all such codes and regulations. Landlord is not required to obtain· any
consent under any ground lease, mortgage. deed of trust or other instrument
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encumbering the Property in order for Tenant to construct, operate, maintain or access
the Communications Facility.
During the term of this Lease, Tenant will comply with all applicable laws relating
to Tenant's use of the Premises. Tenant will not commit or suffer to be committed any
waste on the Premises or any nuisance.
29. LIENS
Tenant shall keep the Premises free from any liens arising out of any work
performed, materials furnished or obligations incurred by or on behalf of Tenant and
shall indemnify, defend and bold Landlord harmless from all claims, costs and liabilities,
including reasonable attorneys' fees and costs, in connection with or arising out of any
such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to
be released of record by payment or posting of a proper bond within thirty (30) days after
written request by Landlord.
30. SUBORDINATION
·
Tenant agrees that this Lease shall be subject and subordinate to any mortgages
or deeds of trust now or hereafter placed upon the Premises and to all modifications
t}-ereto, provided that Tenant's possession of the Premises shall not be disturbed so long
as Tenant continues to perform its duties and obligations under this Lease and Tenant's
obligation to perform. such duties and obligations shall not be in any way increased or its
rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the
mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the
purchaser in a sale pursuant to the foreclosure thereof, or any other transfer in lieu of
foreclosure; provided that, Tenant's possession of, and leasehold interest in and to the
Premises, shall not be disturbed so long as Tenant shall continue to perform its duties
and obligations under this Lease.
Any sale, transfer or assignment of Landlord's interest herein in and to the
premises other than to Tenant, shall be subject to this Lease and Tenant's rights and
interest hereunder such that same shall not be disturbed.
31. ENTIRE AGREEMENT AND BINDING EFFECT
·
This Lease and any attached exhibits and nondisturbance and attornment
agreement(s) mentioning this Lease, constitute the entire agreement between Landlord
and Tenant; no prior written promises or prior contemporaneous or subsequent oral
promises or representations will be binding. This Lease will not be amended or changed
except by written instrument signed by the parties hereto. Section captions herein are
for convenience of reference only and neither limit nor amplify the provisions of this
Lease. The invalidity of any portion of this Lease shall not have any effect on the
balance thereof. The provisions of this Lease shall be binding upon and inure to the
14 ~~I
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benefit of the heirs, executors, administrators, successors, and assigns of Landlord and
Tenant.
32. GOVERNING LAW
This Lease shall be governed by the laws of the state in which the Premises are located.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the
date and year first above written.
TENANT:
LANDLORD:
SPRINT SPECTRUM L.P.
~I 'TV e:::'.p- 0P rZ '1¡.{
'1Z '''-+t LÁL.J '2 tt L.L--~4A='7
BY~-7~
Name: ~~/ýY &.tJUlN
Title: dA yo;e
Date: /"?"..oÆ/<::.... ~ /976
By:~)L~
Name: ..'!II~1r J.lynrlm~n
~-&gi_riD~ and Network Oper3hOrŒ
Title:
Date:
" j-)T) Jq µ,
I I
~
Federal Tax Identification Number
-I ""7)-bOO7J~
Site #: FTW :) :Lc.... 7
cearo/e: lerues:twrsite.doc
211319&
15
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EXHIBIT A
Site !.D. #: f"=~W ,?fk7
LEGAL DESCRlPTION
Site situated in the City of,.l.('\~~ O~~Counry of~A.a.~~State of ---Ie-,Lh,
commonly described as follows:
Owner Initia1s'-"'ß
MLP InitiaJs~ ~
Note: Owner and MLP may. at MLP's option. replace this Exhibit with an exhibit setting forth the kgal descriplion of
the property on which the Site is located and/or an as-built drawing depicting the Site.
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·
EXHIBrT B
Site tD. #: fnù33-07
SKETCH OF SITE
Site situated in the City of [j('J-HAJD H I.~nty of 1íl Q.J2ß>JT . Slate of
d~ribed as follows:
-
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Owner Initials
.~
siTE# FTW3267
SSLP Initials
Note: Owner and SSLP may, at SSLP's option. replace this Exhibit with an exhibit setting forth the legal description
of the property on which the Site is located and/or an as-built drawing depicting the Site.
(":I:arol,: WØM3:uJtb.doc
·
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COpy
Site I.D. #: FrW3267
MEMORANDUM OF LEASE AGREEMENT
ti. This Memorandum evidences that a Lease was made and entered into by written Lease Agreement dated the
~ '"1 -day of i1t;::-' 199L by and between City of North Richland Hills ("Landlord") and Sprint
Spectrum L.P., a De are limited partnership ("Tenant") the terms and conditions of which are mcorporated herem
by reference.
Such Agreement provides in part that Landlord leases to Sprint Spectrum L.P. a certain site ("Site-) located
at 6300 Skylark Circle, Iron Horse Golf Course, in or near the City of North Richland Hills, County of Tarrant, St:l.te
of Texas, 76180. within the property of Landlord which is described in Exhibit A attached hereto, with grant of
easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years
commencing on August 1, 1996, which term is subject to four (4) additional five (5) year extension periods by Sprint
Spectrum L.P.
"Owner"
"SSLP"
City of North Richland Hills
Sprint Spectrum L.P.
.
Bf .
Name: !7Jmmf b T0!jY}
Address: P. O. Box 820609
Engineering and Network Operations
By:
~-.¡þ~
Jack Hyndman, Director,
North Richland Hills
1341 W. Mockingbird Lane, Suite 600E
Texas 76182 - 0609
Dallas, Texas 75247
Attach Exhibit A - Legal Description
c:rorole:leoses: memor. doc
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8/5/97
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EXHIBIT A
Site r.D. #: Fl'W3267
LEGAL DESCRIPTION
Site situated in or near the City of North Ricbland Hill~, County of Tarrant, State of Texas. commonly described as
follows:
I'"TW .3267.3
Cih OF HAL TO'"
IRONI10RSE: COlF" COURSE:
EXHIBIT "A"
LEASE DESCRIPTION
BEINe; A 0.0.37 ACRE PARCEL Of LAND SITUATED IN THE W. A.. TRI"'BLE SUR~Y.
ABSTRACT NO. A-1520 OF" TARRANT COUNTY. TEXAS AND BEING A PART OF A CALLED
751 ACRE TRACT OF LAND AS DEEDED TO THE CITY OF HA.LTOM AND RECORDED IN
vOLU...e: 9126. PAGE 217. or THE DEED RECORDS OF TARRANT COUNTY. TEXAS
(D.R T.CT). SA'D 0037 ACRE PARCEL OF" LAND BEING ...ORE PARTICULARLY
DESCRIBED By "'ETES AND BOUNDS AS FOLLOWS:
CommenCing at 0 found 5/8 inch iron rod in the approximate eost line of
said called 7.51 ocre tract. and the approximate ..est line of the 51. Louis
and Southwestern Railrood right-of-way. said point bears S .31'3.:5'00· w.
830.20' from 0 found 5/8 inCh iron rod in the approximate rignt-of- way of
....ortheas! Loop 820. said point being the beginning of 0 circular curve to
the righ t hailing 0 radius of 1602.95 feet;
THENCE along sOld curve to the right having 0 delta angle of 02'51"50", on
orc distance of 80.' 2 feet and hailing a chord ..hich bears S 32"58'55" W, a
dIstance of 80.11 feet to 0 set 5/8" iron rod for the POINT OF BEGINNING;
;"'ENCE continuIng a10nq so.d circular curve to the roght halltng 0 radius of
1.602.95 feet;
THENCE along said curlle to th~ right having a delta ongle of 01"55'49", on
arc distance of 5.4.00 feet and hoving 0 chord which bears S 35"22'1.4" W. 0
distance of 54.00 feet to a set 5/8 inCh Iron rod;
THENCE N 54'37'25" W, deparling said approximate right-of-way a distance of
30.00 feet to a set 5/8 inch iron rod; .
THENCE III 35'22'35" E. 0 distance of 54.00 feet to 0 set 5/8 inch iron rod:
THENCE S 54·:S7·2~¡- E. o' distance of :SO.OO feet to the POINT OF" BEGINNING. and containing
0037 ocres, or 1.625 square feet of land. more or less.
Owner Initials ~ Date: d j;¡ø /9;
SSLP lniti,b ¥ Dud J IbJqR
Date Revised I ~, II.. I 9 ï
Note: Owner and SSLP may. at SSLP's option, replace this Exhibit with aD exhibit setting forth the legal description
of the property on which the Site is located and/or an as-built drawing depicting the Site.
c:carole: ieaMs:r.dIa.do~
8/5/97
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STATE OF
COUNI'Y OF
--;e Xií S
-¡z; r í ¿J fU·
Site I.D. #FTW326ï
This Memorandum of Lease waa acknowledged and subscribed and sworn to before me on this ,-7(~ day of
t1IM1I/lt?1 19~ by 7ð/ì7mf &..ð'vV'h-
for the purposes and consideration therein expressed and in the capacity therein stated.
'VawVÞ ft~~
iQ
'W
Notary Public. State of Texas
PATRICIA HUTSON
Hobry Public. ~1te 01 Texas
My CommiSSion úpr,!, 8$.99
A-frœ/~ 1-/ V-I$ð7L
Printed Name
My Commission Expires: 1/ ¡ / tf 1.
c:carole:forms:notary .doc
8/5/97
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STATE OF TEXAS
Site I.D. #FTW3267
COUNI'Y OF DALLAS
This Memorandum of Lease was acknowledged and subscribed and sworn to before me OD this / <: day of
da.h?(/A,£/j . 19 98 . by Jack Hyndman for the purposes and cODsideration therein expressed and in the
capacity therein stated.
R~
Notary Public, State of Texas
Ra SA" Ik. !?ltdr7 c...-
Printed Name
My Commission Expires:
c ~ 13· ~ðOÖ
c:r:orole:forms.-nokJryjh.doc
8/5/97
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D198077652
ENGINEERING & NETWORK OPERATIO
1341 W MOCKINGBIRD LN
#600E
DALLAS TX 75247
-w A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY
I N D E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0: SPRINT PCS
RECEIPT NO
198177634
REGISTER
DR92
RECD-BY
T004891
PRINTED DATE TIME
04/14/98 14:35
1
INSTRUMENT FEECD
0198077652 WD
CK 272168
INDEXED TIME
980414 14:35
TOT A L
DOCUMENTS: 01
FEE S:
15.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
.
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e
e
FIRST AMENDMENT TO
TOWER SITE LEASE AGREEMENT
This First Amendment to Tower Site Lease Agreement ("Amendment") is made and entered into as of the
~ day of C C/l..t1V , 2002 ("Execution Date"), by and between Sprint Spectrum Realty Company. L.P.
("Realty Company"), succ sor in interest to Sprint Spectmm L.P" and The City of North Richland Hi1ls, a Texas
mumclpality ("Owner").
RECITALS
A. Realty Company leased from Owner a certain l,620 square foot tract of land located in Tarrant
County, Texas pursuant to a Tower Sitc Lease Agreement ("Agreement") dated June 27, 1996, which real
property is more particularly described in the Agreement as 6050 NE Loop 820, North Richland HilJs, Tarrant
County, TX 76180 ("Site").
B. Realty Company and Owner desire to amend the Agreement on the terms and conditions
contained herein to enable Realty Company to obtain consent which wil1 enable Realty Company to aJlow AT&T
Wireless ("Co-Locator") to co-locate with Realty Company on the SIte.
NOW THEREFORE. in consIderation of the mutua] covenants and conditions contained herein and for
other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the parties
hereby agree as follows:
e
l. As of the date ("Effective Date") that Co-Locator enters into an agreement with Realty Company
whereby Realty Company grants to Co-Locator the nght to co-locate on the Site ("Co-Location Agreement"),
Ovmcr hereby grants and acknowledges Owner's consent to th~ execution, delivery and performance of the Co-
Location Agreement by and between Realty Company and Co-Locator ("Consent"). If Co-Locator and Really
Company have not entered into a Co-Location Agreement one-hundred and eighty (J 80) days following the
Execution Date, either Owner or Realty Company may tenninate thJS Amendment at any time prior to the date
that Co-Locator and Realty Company enter mto the Co-Location Agreement by providing wntten notice of
tennination to the other party.
., Realty Company wi1l pay rent ("Additional Rent") in advance for the Consent in equal annual
installments of $5,400.00. The Additional Rent wil1 commence on thc first day of the first month following the
date that Co-Locator mstal1s Its equipment on Realty Company's tower at the Site (partial years to be prorated)
and shan terminate upon expiratIOn or termmation of the Co-Location Agreement. The Additional Rent wiJ]
escalate by l5~~ per teml In the same manner and at the same time as described in Section 1 ofthe Af,'Tcement.
3. AI1 additional equipment will stay inside the existing leased space. All additional utihties wilJ
stay inside existing easements. Access. entrance, and exit to the work site win be made using the "access
easement" described J) Exhibit B of the Agreement.
4. Realty Company will repair any damages to Owner and Owner's golf course property that is
caused by Realty Company, Its agents or sub-contractors. Realty Company will require any damage made to
Owner and o v.'O er" s golf course property that is caused by Co-Locator. their agents or sub-contractors to be
repaired by Co-Locator.
5. Realty Company wi1l require Co-Locator to obtain any required pem1its pnor to start of
constructIOn. AdditlOna1ly, Realty Company wilI reqUIre Co-Locator to complete construction w1thm sixty (60)
days of the start of conSlTuctlOn.
¡'lrSl Amendmt:nt to Túwcr Site LC3se Agreement
DA03XC2.J2
Page I nO
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6. Realty Company wi11 assign ::J Project Manager to this site to handle any construction-related
questions, upon execution of this Amendment. Once a Project Manager is assigned. Owner will be provided with
appropriate contact information. Realty Company will consult with Owner pnor 10 Rea]ty Company's approval
of a construction schedule. Owner will be provided a copy of the construction schedule and will be given weekly
updates of the status of construction. Owner will be consulted on any changes in the construction schedule.
Owner is to provide Realty Company with a facsimile number so Realty Company can provide O..vner with
required documentation.
7. All capitalized terms not defined herein shall have the meaning given to such terms in the
Agreement. Except as exp1icitly amended hereby, the Agreement remains in full force and effect and is hereby
restated. ratified and confirmed in accordance with its original terms, as amended hereby.
IN WITNESS WHEREOF, REALTY COMPANY and O\VJ1er have executed this Amendment as of the
date first above written.
SPRINT SPECTRUM REALTY COMPANY, L.P.
CITY OF NORTH RICHLAND HILLS
DY~~
Name: Charlie Douglass
Title: Director Central Region
Sprint Sites USASM
By:
Name:
Title:
zf:¿fEfJ:f:û
¿?'w:>H7Y C /7.y //ßA//I&-p(
2- £'-/2-
Date:
2- 14. -01-
Date:
e
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hrst Amendmr:nt 101 OV.t'T SIte ¡ .t:iJ"'t' A~Tn:~emenl
DA03XC242
Page 2 012
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CITY OF
NORTH RICHLAND HILLS
Department: City Manaqer's Office
Council Meeting Date: June 13, 2005
Subject: Approve Participation Aqreement with Tarrant County Agenda Number:GN 2005-057
for the HOME Investment Partnership Program - Resolution No. 2005-049
In order to receive HOME funds The City of North Richland Hills must form a HOME
consortium with Tarrant County to participate in Tarrant County's HOME Investment
Partnership Program for a three year period, Fiscal Year 2006 through 2008.
HOME Funds provide formula grants - often in partnership with local nonprofit groups - to
fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent
or ownership or provide direct rental assistance to low-income residents. HOME Funds
can be used to create a first time homebuyers program to encourage home purchasing
and can also be used to ensure code compliance.
This agreement aJlows North Richland Hills, which has been designated by the
Department of Housing and Urban Development (HUD) a HOME Investment Partnership
Program entitlement city effective July 1,2006, to become part of the Tarrant County
HOME Investment Partnership Program and authorizes Tarrant County to serve as lead
entity of the HOME Consortium responsible for administering all activities related to the
HOME entitlement program in accordance with 24 CFR 91 and 92 for the purpose of
program planning and implementation for the three year period.
This agreement must be executed prior to Tarrant County's submission to the Department
of Housing and Urban Development in June 2005.
Recommendation
Staff recommends approval of Resolution No. 2005-049.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Ävallable
Finance Director
~1
Page 1 of 1
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RESOLUTION 2005-049
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RESOLUTION FORMING A HOME CONSORTIUM BETWEEN THE CITY OF NORTH
RICHLAND HILLS, A DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
METROPOLITAN CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND TARRANT
COUNTY FOR PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT
PARTNERSHIP PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2006
THROUGH 2008, SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT ATTACHED
(ATTACHMENT "A").
WHEREAS, the Congress of the United States of America has enacted the HOME Investment
Partnerships Act, Title IT of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.c. Sec
12701, as amended, and
WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR 92, allows
units of general local government to enter into mutual cooperation agreements to fonn a HOME
program consortium for the purpose of obtaining funding as a participating jurisdiction under the
HOME Investment Partnership Program, and
WHEREAS, Tarrant County has been designated an "Urban County" by the Department of
Housing and Urban Development entitled to a formula share HOME Investment Partnership program
funds provided said County has a combined population of 200,000 persons in its incorporated areas
and units of general local government with which it has entered into cooperative agreements, and
WHEREAS, Article ill, Section 64 of the Texas Constitution authorizes Texas counties to
enter into cooperative agreements with local governments for essential Community Development and
Housing Assistance activities, and
WHEREAS, the City of North Richland Hills shall not apply for grants under the State HOME
Program from appropriations for fiscal years during the period in which it is participating in Tarrant
County's HOME program, and
WHEREAS, the City of North Richland Hills shall not participate in a HOME consortium
except through Tarrant County, regardless of whether or not Tarrant County receives a HOME formula
allocation, and
WHEREAS, through cooperative agreements Tarrant County has authority to carry out
activities funded from annual HOME Program Allocations from Federal Fiscal Years 2006, 2007,
2008 appropriations and from any program income generated from the expenditure of such funds, and
WHEREAS, Tarrant County and the City of North Richland Hills agree to cooperate to
undertake, or assist in undertaking, program activities to expand the supply of decent, safe, sanitary
and affordable housing for low income and very low income Americans, and
WHEREAS, Tarrant County has authorized the Tarrant County Community Development
Division to act in a representative capacity as the lead entity for all members of the consortium for the
purposes of administering the HOME program, assuming overall responsibility for ensuring the
consortium's HOME program is carried out in compliance with the requirements of the HOME
program and the Consolidated Plan, and
1
WHEREAS, Tarrant County will not fund activities in support of any cooperating unit of
general government that does not affirmatively further fair housing within its own jurisdiction or that
e impedes the county's actions to comply with its fair housing certification, and
WHEREAS, in accordance with 24 CFR Part 91 and 92, Tarrant County is responsible for
ensuring that HOME funds are used in accordance with all program requirements, including
monitoring and reporting to the u.s. Department of Housing and Urban Development on the use of
program income and that in the event of close-out or change in status of the city of North Ricbland
Hills, any program income that is on hand or received subsequent to the close-out of change in status
shall be paid to the County, and
WHEREAS, the City of North Richland Hills, agrees to notify Tarrant County of any
modification or change in the use of the real property from that planned at the time of acquisition or
improvement, including disposition, and further agrees to reimburse the County in an amount equal to
the current fair market value (less any portion thereof attributable to expenditure of non-HOME funds)
of property acquired or improved with HOME funds that is sold or transferred for a use which does not
qualify under the HOME regulations, and
WHEREAS, any money generated from disposition or transfer of the property will be treated
as program income and returned to the county prior to or subsequent to the close-out, change of status
or termination of the cooperation agreement between county and the City of North Richland Hills;
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NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland Hills, that the City
Council of North Richland Hills, Texas supports the application of Tarrant County for funding from
the Housing and Community Development Act of 1974, as amended, and asks that its population be
included for three successive years with that of Tarrant County, Texas to carry out under Public Law
93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor of
North Richland Hills, Texas to sign such additional forms as requested by the Department of Housing
and Urban Development pursuant to the purposes of the Resolution, and further that the City of North
Richland Hills, Texas understands that Tarrant County will have final responsibility for selecting
proj ects and filing annual grant requests.
BE IT FURTHER RESOLVED, this agreement will automatically be renewed for
participation in successive three-year qualification periods, unless Tarrant County or the City of North
Richland Hills provides written notice it elects not to participate in a new qualification period. Tarrant
County will notify the City of North Richland Hills in writing of its right to make such an election on
the date specified by the U.S. Department of Housing and Urban Development (HUD) in their urban
county qualification notice for the next qualification period. Any amendments or changes contained
within the urban county qualification notice applicable to for a subsequent three-year urban county
qualification period must be adopted by Tarrant County and the City of North Richland Hills, and
submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the
automatic renewal of this agreement.
This agreement remains in effect until HOME funds, and income received to the Fiscal Years 2006,
2007, and 2008 programs, and to any successive qualification periods provided through the automatic
renewal of this agreement, are expended and the funded activities completed, neither Tarrant County
nor the City of North Richland Hills may terminate or withdraw from the agreement while the
agreement remains in effect.
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Official notice of amendments or changes applicable for a subsequent three-year urban county
agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of North
2
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Richland Hills. Any notice of changes or amendments to this agreement by the City of North Richland
Hills to Tarrant County shall be in writing to the Tarrant County Community Development Division
Director.
PASSED AND APPROVED THIS _ day of
ATTEST:
APPROVED:
CITY SECRETARY
MAYOR
COMMISSIONERS COURT CLERK
COUNTY JUDGE
Approval Fonn for District Attorney
Approved as to Fonn*
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*By law, the District Attorney's Office may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a contract or legal document on behalf of other
parties. Our review of this document was conducted solely from the legal perspective of our client.
Our approval of this document was offered solely for the benefit of our client. Other parties should not
rely on this approval, and should seek review and approval by their own respective attorney(s).
3
..
.'~ CITY OF
NORTH RICHLAND HILLS
Department: City Manaç¡er's Office Council Meeting Date: June 13. 2005
Subject: Joint Administrative AQreement for Administration of the
HOME Investment Partnership Program
Agenda Number: GN 2005-058_
In order to receive HOME funds The City of North Richland Hills must form a HOME
consortium with Tarrant County to participate in Tarrant County's HOME Investment
Partnership Program for a three year period, Fiscal Year 2006 through 2008.
HOME Funds provide formula grants - often in partnership with local nonprofit groups - to
fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent
or ownership or provide direct rental assistance to low-income residents. HOME Funds
can be used to create a first time homebuyers program to encourage home purchasing
and can also be used to ensure code compliance.
As part of this process, Tarrant County is also proposing a joint administrative agreement
between The City of North Richland Hills and Tarrant County to include the administration
of the HOME Investment Partnership Program. This agreement with Tarrant County is for
three years (2006, 2007, and 2008). Tarrant County will be responsible for administering
all activities and requirements of the federal, state and local laws, and rules of the U.S.
Department of Housing and Urban Development regarding the City in the HOME
entitlement program. Tarrant County will perform the necessary planning and publications
for The City of North Richland Hills and perform all the federally required duties on our
behalf. The City will be responsible for identifying and approving projects.
This agreement must be executed prior to Tarrant County's submission to the Department
of Housing and Urban Development in June 2005.
Recommendation
Staff recommends approving the joint administrative agreement with Tarrant County to
administer the HOME Investment Partnership program.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Ävallable
Finance Director
,...___ ... _L ..
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JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
HOME INVESTMENT PARTNERSHIP ENTITLEMENT PROGRAM
BETWEEN THE CITY OF NORTH RlCHLAND HILLS AND
TARRANT COUNTY
THE STATE OF TEXAS
§
§
§
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
The CITY OF NORTH RlCHLAND HILLS, hereinafter called "City", has accepted a
designation by the United States Department of Housing and Urban Development (HUD) as a
metropolitan city eligible to receive direct entitlement of HOME Investment Partnership
Program (HOME) funds for the FY 2006 program year, and
The CITY has entered into a cooperative agreement (attachment "A") with TARRANT
COUNTY, hereinafter called "County", to participate in a HOME Consortium between the
County and City to administer the HOME program as a metropolitan city eligible to receive
direct entitlement of HOME funds, and
The COUNTY has designated the Tarrant County Community Development Division as
lead agency to administer HOME program activities for the HOME Consortium, and
The CITY and COUNTY have agreed to abide by HUD requirements in accordance
with 24 CFR 91 and 92, the U.S. Department of Housing and Urban Development Notice CPD-
04-05, and in the HOME Consortium cooperative agreement.
This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and
between the City Council of the CITY OF NORTH RlCHLAND HILLS and TARRANT
COUNTY and the parties hereby AGREE as follows:
1. Scope of Tenn of Services. The City of North Richland Hills hereby employs the
County through this Joint Administrative Agreement to administer all activities and requirements
of federal, state and local law, and rules and procedures of the United States Department of
Housing and Urban Development with regard to the City's metropolitan city designation and
related HOME Investment Partnership entitlement programs for the Fiscal Years 2006 through
2008.
2. Distribution of HOME Funds. The City shall receive HOME entitlement program
funding :trom the County as an entitled metropolitan city. The amount of funding shall be
equivalent to or greater than what HUD detennines annually as the City's entitlement as a
metropolitan city.
3. Duties of County. The Tarrant County Community Development Division, on behalf
of the County, shall be responsible for administering all activities related to the City HOME
..
e entitlement program in accordance with 24 CPR 92.101. The County will carry out eligible
activities in accordance with and follow the requirements of 24 CFR Part 92.
4. Duties of the City. The City will approve all City HOME entitlement program
funding decisions. The City will detennine specific programs, projects, or any other uses to the
extent permitted and consistent with HUD eligible activities.
5. Fee for Services. The County shall be paid an annual fee based upon TEN PERCENT
(10%) of the total City HOME entitlement program funding.
This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH
RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials.
CITY OF NORTH RICHLAND HILLS
MAYOR
e
DATE:
TARRANT COUNTY, TEXAS
TOM VANDERGRIFF, JUDGE
DATE:
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 6/13/05
Subject: Approve City-Developer Aqreement with J&J NRH 100 Agenda Number: PW2005~07_
FLP, John W. Barfield, General Partner, for Impact
Fee Reimbursement on Water Lines located in the Forest
Glenn West, Phase II Addition
J&J NRH 100 FLP, John W. Barfield, General Partner (Developer) is ready to install the
water lines which will serve portions of the Forest Glenn West, Phase II addition. The
proposed water lines were included in the Water and Wastewater Impact Fee Study dated
July 31, 1997 by Knowlton-English-Flowers, Inc. Even though this particular program has
ended, this project was started prior to the end of this program and the funds set aside to
be reimbursed at a future date. The 8 inch water lines were identified as P-8220 and
P-8805.
These improvements, as outlined in the study, were eligible for reimbursement based on a
maximum total construction cost of $79,090.87 (prorated to reflect actual proposed length
of pipe installed by the developer), and a subsequent maximum reimbursement value of
$58,036.88.
The developer has submitted a proposed total construction cost of $56,577.40, of which
$41,516.50 (73.38%) is eligible for reimbursement.
Following Council's approval of this agreement and in accordance with the Impact Fee
Ordinance, the developer will receive reimbursement upon completion and acceptance of
the improvements. The final reimbursement amount will not exceed $58,036.88.
Recommendation: To approve the City-Developer Agreement with J&J NRH 100 FLP,
John W. Barfield, General Partner, for Impact Fee Reimbursement on water lines located
in the Forest Glenn West, Phase II Addition for an amount not to exceed $58,036.88.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number UT0507,401-8590-712.79-03
Sufficient Funds ÄV~lIable
~ C~~~
Department Head Signature
~
Budget Director
Page 1 of _
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CITY OF NORTH RICHLAND HILLS
CITY-DEVELOPER AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT J & J NRH100 FLP, John W. Barfield, Trustee, of the County of Tarrant, State
of Texas (hereinafter "Developer"), and the City of North Richland Hills, Tarrant County,
Texas (hereinafter "City"), enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water and sewer system improvements as indicated in the construction
documents titled "Forest Glenn West Phase II Addition" the Developer and the City hereto
agree:
1.
The Developer has paid to the City all processing fees and has furnished the
necessary permits, easements, and right-of-way as required for the construction of
the above referenced facilities. In addition, the developer has delivered construction
plans, specifications and all other necessary contract documents prepared by a
registered professional engineer, and will also furnish construction surveying, cut
sheets and field adjustments.
2. The Developer has entered into a contract with the Contractor who will perform the
work and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3. The Developer agrees to provide, at no cost to the City, all testing necessary to
insure that the construction is in accordance with the project specifications and the
City standards.
4. The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract without specific written authority of the
City, and that he shall be responsible for paying the costs of any cancellations,
additions, alterations or amendments to the contract unless specifically provided
otherwise by written authorization from the City.
5. The Contractor has provided to the City on City forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
6. The City agrees to participate in the cost of the facilities after construction is
complete and accepted. The description and amount of participation is as follows:
City-Developer Agreement - Forest Glenn West Phase II - Page 1
.
.
.
.
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount agreed
upon below, after construction of the improvements is complete and accepted by the City.
If the actual amount paid to the Contractor is less than the bid amount, the City
participation will be reduced accordingly.
Eligible Maximum Calculated
Construction Eligible Reimbursement Developer's Reimbursement
Facilities Cost PercentaQe Amount Cost Amount
Water $ 45,603.00 73.38% $ 33,463.48 $ 32,621.98 $ 23,938.01
P-8220
Water $ 33,487.87 73.38% $ 24,573.40 $ 23,955.42 $ 17,578.49
P-8805
TOTAL $ 79,090.87 $ 58,036.88 $ 56,577.40 $ 41,516.50
TOTAL MAXIMUM REIMBURSEMENT: $58,036.88
7. The City will provide the inspection as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8.
The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify and hold harmless the City, its officers, agents, and
employees from all suits, actions, or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) orto any property, resulting from or in connection with the
construction, design, performance or completion of any work to be performed by
said Developer, his contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of said Developer, his contractor,
subcontractors, officers, agents, or employees, whether or not such injuries, death
or damages are caused, in whole or in part, by the alleged negligence of the City of
North Richland Hills, its officers, agents, servants, employees, contractors or
subcontractors.
9. Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills, Texas.
City-Developer Agreement - Forest Glenn West Phase 11 - Page 2
.
.
.
This Agreement was approved in its entirety at the meeting of the City Council of the
City of North Richland Hills on the _ day of , 2005, by a
majority vote of the Council.
By:
By:
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
J¡¡!¿ ~ 0 ~-f.;
i e urtis, .E., Public Works Director
J & J NRH 100 FLP
John W. Barfield, General Partner
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
City-Developer Agreement - Forest Glenn West Phase If - Page 3
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 6/13/05
Subject: Approve City-Developer AQreement with JB & JB Agenda Number: PW 2005-008
Development FLP, John W. Barfield, General Partner,
for Impact Fee Reimbursement on Water Lines and Sewer Lines
located in Thornbridge East, Phases II-IV
JB & JB Development FLP, John W. Barfield, General Partner (developer), is proposing
installation of water and sewer lines to serve portions of the future Thornbridge East
subdivision, Phases II-IV. The proposed water and sewer lines were included in the Water
and Wastewater Impact Fee Study dated July 31, 1997 by Knowlton-English-Flowers, Inc.
Even though this particular program has ended, this project was started prior to the end of
this program and the funds set aside to be reimbursed at a future date. The 8 inch water
lines were identified as P-8231, P-8967, P-8905, and P-8931. The 8 inch sewer lines were
identified as L-11.4, L-10.7, L-10.8 and L-10.9.
These improvements as outlined in the study are eligible for reimbursement based on a
maximum total construction cost of $236,110.41 (prorated to reflect the actual length of
pipe to be installed by the developer), and a subsequent maximum reimbursement value of
$185,358.74. The developer has submitted a proposed total construction cost of
$179,145.56, of which $134,549.94 is eligible for reimbursement after applying the
appropriate eligible percentages as shown in the attached agreement.
Following Council's approval of this agreement and in accordance with the Impact Fee
Ordinance, the developer will receive reimbursement upon completion and acceptance of
the improvements. The final reimbursement amount will not exceed $185,358.74.
Recommendation: To approve the City-Developer Agreement with JB & JB Development
FLP, John W. Barfield, General Partner, for Impact Fee Reimbursement on water lines and
sewer lines to be located in the Thornbridge Addition, Phases II-IV for an amount not to
exceed $185,358.74.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~
Finance Review
Account Number UT0508, 401-8590-603.79-03
Sufficient Funds Ävallable
;lam i~. . Finance Director
I /l?{ Budget Director
~;L, Qš.J.ö
D partment Hea Ignature
·
·
·
CITY OF NORTH RICHLAND HILLS
CITY-DEVELOPER AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT '
THAT JB & JB Development FLP, John W. Barfield, General Partner, of the County
of Tarrant, State of Texas (hereinafter "Developer"), and the City of North Richland Hills,
Tarrant County, Texas (hereinafter "City"), enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water and sewer system improvements as indicated in the construction
documents titled "Thornbridge East Subdivision Phases II-IV Addition" the Developer and
the City hereto agree:
1.
The Developer has paid to the City all processing fees and has furnished the
necessary permits, easements, and right-of-way as required for the construction of
the above referenced facilities. In addition, the developer has delivered construction
plans, specifications and all other necessary contract documents prepared by a
registered professional engineer, and will also furnish construction surveying, cut
sheets and field adjustments.
2. The Developer has entered into a contract with the Contractor who will perform the
work and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3. The Developer agrees to provide, at no cost to the City, all testing necessary to
insure that the construction is in accordance with the project specifications and the
City standards.
4. The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract without specific written authority of the
City, and that he shall be responsible for paying the costs of any cancellations,
additions, alterations or amendments to the contract unless specifically provided
otherwise by written authorization from the City.
5. The Contractor has provided to the City on City forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
6. The City agrees to participate in the cost of the facilities after construction is
complete and accepted. The description and amount of participation is as follows:
City-Developer Agreement - Thornbridge East - Page 1
.
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount agreed
upon below, after construction of the improvements is complete and accepted by the City.
If the actual amount paid to the Contractor is less than the bid amount, the City
participation will be reduced accordingly.
.
Eligible Maximum Calculated
Construction Eligible Reimbursement Developer's Reimbursement
Facilities Cost Percentaae Amount Cost Amount
Water $ 40,894.00 73.38% $30,008.02 $ 25,411.54 $ 18,646.99
P-8231
Water $ 39,887.75 73.38% $ 29,269.63 $ 19,265.51 $ 14,137.03
P-8905
Water $ 12,678.75 73.38% $ 9,303.67 $ 6,524.65 $ 4,787.79
P-8931
Water $ 10,102.75 73.38% $ 7,413.40 $ 5,846.61 $ 4,290.24
P-8967
Sewer $ 54,578.54 80.00% $ 43,662.83 $ 41,698.25 $ 33,358.60
L-10.7
Sewer $ 27,751.80 80.00% $ 26,371.40 $ 32,964.25 $ 22,201.44
L-10.8
Sewer $ 22,465.02 80.00% $ 17,972.02 $ 20,462.75 $ 16,370.20
L-10.9
Sewer $ 27,751.80 76.96% $ 21,357.79 $ 26,972.00 $ 20,757.65
L-11.4
TOTAL $236,110.41 $185,358.75 $179,145.56 $134,549.94
TOTAL MAXIMUM REIMBURSEMENT: $185,358.75
7. The City will provide the inspection as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8.
The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify and hold harmless the City, its officers, agents, and
employees from all suits, actions, or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection with the
construction, design, performance or completion of any work to be performed by
said Developer, his contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of said Developer, his contractor,
subcontractors, officers, agents, or employees, whether or not such injuries, death
or damages are caused, in whole or in part, by the alleged negligence of the City of
North Richland Hills, its officers, agents, servants, employees, contractors or
subcontractors.
.
City-Developer Agreement - Thornbridge East - Page 2
.
.
.
9.
Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills, Texas.
This Agreement was approved in its entirety at the meeting of the City Council of the
City of North Richland Hills on the _ day of , 2005, by a
majority vote of the Council.
By:
By:
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
)1/(~J.o Ç1~~..
Mike Curtis, .E., Public Works Director
JB & JB DEVELOPMENT, FLP
John W. Barfield, General Partner
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
City-Developer Agreement - Thornbridge East - Page 3
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 6/13/05
Subject: Approve City-Developer Aqreement with Home Depot Agenda Number: PW 2005-009
U.S.A., Inc. for Impact Fee Reimbursement on Sewer Lines
located in the Home Depot Addition
Home Depot U.S.A., Inc. (developer) installed the sewer lines which serve the Home
Depot Addition, as well as properties to the north. The sewer lines were included in the
Water and Wastewater Impact Fee Study dated July 31, 1997 by Knowlton-English-
Flowers, Inc. Even though this particular program has ended, this project was started prior
to the end of this program and the funds set aside to be reimbursed at a future date. The 8
inch and 10 inch sewer lines were identified as M-3.1 and M-3.2.
These improvements as outlined in the study were eligible for reimbursement based on a
maximum total construction cost of $74,986.58, and a subsequent maximum
reimbursement value of $50,263.51.
The developer has submitted a total construction cost of $88,204.18, which was higher
than the estimated cost in the study resulting in a proposed reimbursement value 67.03%
of $59,123.26, thereby exceeding the maximum reimbursement value. The developer is
aware that the city can only reimburse the maximum $50,263.51 and is in agreement. In
fact, the developer was not aware of any reimbursement therefore is pleased to receive
any amount.
Following Council's approval of this agreement and in accordance with the Impact Fee
Ordinance, the developer will receive reimbursement for the improvements. The final
reimbursement amount will be $50,263.51.
Recommendation: To approve the City-Developer Agreement with Home Depot U.S.A.,
Inc. for Impact Fee Reimbursement on sewer lines located in the Home Depot Addition for
an amount not to exceed $50,263.51.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
~
Finance Review
Account Number UT0506, 401-8590-712.79-03
Sufficient Funds ÄvaJlaDle
-.f
inance Director
~~ c"t.-
D partment Head Signature
Page 1 of _
.
.
.
CITY OF NORTH RICHLAND HILLS
CITY-DEVELOPER AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT Home Depot U.S.A., Inc., of the County of Tarrant, State of Texas
(hereinafter "Developer"), and the City of North Richland Hills, Tarrant County, Texas
(hereinafter "City"), enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water and sewer system improvements as indicated in the construction
documents titled "Home Depot Addition" the Developer and the City hereto agree:
1. The Developer has paid to the City all processing fees and has furnished the
necessary permits, easements, and right-of-way as required for the construction of
the above referenced facilities. In addition, the developer has delivered construction
plans, specifications and all other necessary contract documents prepared by a
registered professional engineer, and will also furnish construction surveying, cut
sheets and field adjustments.
2.
The Developer has entered into a contract with the Contractor who will perform the
work and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3.
The Developer agrees to provide, at no cost to the City, all testing necessary to
insure that the construction is in accordance with the project specifications and the
City standards.
4.
The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract without specific written authority of the
City, and that he shall be responsible for paying the costs of any cancellations,
additions, alterations or amendments to the contract unless specifically provided
otherwise by written authorization from the City.
5.
The Contractor has provided to the City on City forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
6.
The City agrees to participate in the cost of the facilities after construction is
complete and accepted. The description and amount of participation is as follows:
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
City-Developer Agreement - Home Depot - Page 1
,
.
.
.
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount agreed
upon below, after construction of the improvements is complete and accepted by the City.
If the actual amount paid to the Contractor is less than the bid amount, the City
participation will be reduced accordingly.
Eligible Maximum Calculated
Construction Eligible Reimbursement Developer's Reimbursement
Facilities Cost Percentaae Amount Cost Amount
Sewer $ 50,090.40 67.03% $ 33,575.60 $ 63,308.00 $ 42,435.35
M-3.1
Sewer $ 24,896.18 67.03% $ 16,687.91 $ 24,896.18 $ 16,687.91
M-3.2
TOTAL $ 74,986.58 $ 50,263.51 $ 88,204.18 $ 59,123.26
TOTAL MAXIMUM REIMBURSEMENT: $50.263.51
7. The City will provide the inspection as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8.
The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify and hold harmless the City, its officers, agents, and
employees from all suits, actions, or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection with the
construction, design, performance or completion of any work to be performed by
said Developer, his contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of said Developer, his contractor,
subcontractors, officers, agents, or employees, whether or not such injuries, death
or damages are caused, in whole or in part, by the alleged negligence of the City of
North Richland Hills, its officers, agents, servants, employees, contractors or
subcontractors.
9. Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills, Texas.
City-Developer Agreement - Home Depot - Page 2
.
This Agreement was approved in its entirety at the meeting of the City Council of the
City of North Richland Hills on the _ day of , 2005, by a
majority vote of the Council.
HOME DEPOT U.S.A., INC.
By:
Title:
CITY OF NORTH RICHLAND HILLS
By
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
. APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
;M~¡e ç..t
ike Curtis, .E., Public Works Director
.
City-Developer Agreement - Home Depot - Page 3
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Council Meeting Date: 6/13/05
Subject: Approve City-Developer Aqreement with Meqa Life and Agenda Number: PW 200S..{) 1 0
Health Insurance Company for Impact Fee Reimbursement
on Water Lines located in the UICI Addition
Mega Life and Health Insurance Company (developer) is ready to install the water line
which will serve the UICI Addition and provide increased circulation along Simmons Road.
The proposed water line was included in the Water and Wastewater Impact Fee Study
dated July 31, 1997 by Knowlton-English-Flowers, Inc. Even though this particular
program has ended, this project was started prior to the end of this program and the funds
set aside to be reimbursed at a future date. The 10 inch water line was identified as
P-8288.
The improvements, as outlined in the study, were eligible for reimbursement based on a
maximum total construction cost of $62,500.80 and a subsequent maximum
reimbursement value of $45,863.09.
The developer elected to install a 12 inch water line instead of the 10 inch line shown in
the study and submitted a proposed total construction cost of $103,000.00. Since the
developer elected to install a larger line, the subsequent eligible percentage (73.38%)
amount of the total equals $75,581.40, which exceeds the maximum reimbursement value.
Therefore, the developer can only be reimbursed the maximum value of $45,863.09. The
developer is aware of this and is in agreement.
Following Council's approval of this agreement and in accordance with the Impact Fee
Ordinance, the developer will receive reimbursement upon completion and acceptance of
the improvements. The final reimbursement amount will not exceed $45,863.09.
Recommendation: To approve the City-Developer Agreement with Mega Life and Health
Insurance Company for Impact Fee Reimbursement on Water Line P-8288 located in the
UICI Addition for an amount not to exceed $45,863.09.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number UT0509, 401-8590-712.79-03
Sufficient Funds ÄvallaDle
M,-t~ Qt t;;
Department Heaâ Signature
~
Finance Director
Budget Director
Page 1 of _
.
.
.
CITY OF NORTH RICHLAND HILLS
CITY-DEVELOPER AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
THAT Mega Life and Health Insurance Company ofthe County of Tarrant, State of
Texas (hereinafter called Developer), and the City of North Richland Hills, Tarrant County,
Texas (hereinafter called City), enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water system improvements as indicated in the construction documents titled
UICI Addition the Developer and the City hereto agree:
1. The Developer has paid to the City all processing fees and has furnished the
necessary permits, easements, and right-of-way as required for the construction of
the above referenced facilities. In addition, the developer has delivered construction
plans, specifications and all other necessary contract documents prepared by a
registered professional engineer, and will also furnish construction surveying, cut
sheets and field adjustments.
2.
The Developer has entered into a contract with the Contractor who will perform the
work and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3. The Developer agrees to provide, at no cost to the City, all testing necessary to
insure that the construction is in accordance with the project specifications and the
City standards.
4. The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract without specific written authority of the
City, and that he shall be responsible for paying the costs of any cancellations,
additions, alterations or amendments to the contract unless specifically provided
otherwise by written authorization from the City.
5. The Contractor has provided to the City on City forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
6. The City agrees to participate in the cost of the facilities after construction is
complete and accepted. The description and amount of participation is as follows:
City-Developer Agreement - VIC! - Page I
.
.
.
.
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount agreed
upon below, after construction of the improvements is complete and accepted by the City.
If the actual amount paid to the Contractor is less than the bid amount, the City
participation will be reduced accordingly.
Facilities
Water
P-8288
Eligible
Construction
Cost
$ 62,500.80
Developer's
Cost
$ 103,000.00
Calculated
Reimbursement
Amount
$ 75,581.40
Maximum
Reimbursement
Amount
$ 45,863.09
Eligible
PercentaQe
73.38%
TOTAL MAXIMUM REIMBURSMENT: $45,863.09
7. The City will provide the inspection as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8.
The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify and hold harmless the City, its officers, agents, and
employees from all suits, actions, or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection with the
construction, design, performance or completion of any work to be performed by
said Developer, his contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account of any act,
intentional or otherwise, neglect or misconduct of said Developer, his contractor,
subcontractors, officers, agents, or employees, whether or not such injuries, death
or damages are caused, in whole or in part, by the alleged negligence of the City of
North Richland Hills, its officers, agents, servants, employees, contractors or
subcontractors.
9. Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills, Texas.
City-Developer Agreement - UICI - Page 2
·
·
·
This Agreement was approved in its entirety at the meeting of the City Council of the
City of North Richland Hills on the _ day of , 2005, by a
majority vote of the Council.
By:
Title:
By:
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
~fÆ º..f.:
Mike U IS, .E., Public Works Director
MEGA LIFE AND HEALTH INSURANCE
COMPANY
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
City-Developer Agreement - UIC! - Page 3
· UICI - Mega Life and Health
·
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CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
Council Meeting Date: 6/13/05
Subject: Consideration of a Request from Glenview Bible Chapel to Agenda Number: FP 2005-02
Approve the Final Plat of Christian Addition (Located in the 7200 block of Davis Boulevard _
1.478 acres).
Case Summary: The applicant, Glenview Bible Chapel, is requesting the approval of the
Final Plat of Lot 1, Block 1 Christian Addition. The property is currently vacant and the
applicant is proposing to build a 2500 square foot church building on the site.
Existing Zoning: The property is currently zoned "U" School, Church and Institutional
District.
Thoroughfare Plan: The site has frontage along Davis Boulevard a 6-lane, divided,
principal arterial with 120' R.O.W.
Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service uses
(retail/office) for this area along Davis Boulevard. Although the current zoning and proposed
use are not necessarily consistent with the Plan, churches are considered part of the
community fabric and as such are permitted in any zoning district except AG Agricultural and
MH-1 Manufactured Housing.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it complies with the approved Preliminary Plat. Attached is a staff memo
recommending that this final plat be placed on the Planning and Zoning Commission and City
Council Agendas for consideration.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on May 19, 2005 recommended approval of FP 2005-02 by a
vote of 6-0 with the following revision;
1) The plat should reflect "U" School, Church and Institutional District as the current
zoning of the site.
The applicant has revised the attached final plat based on the above requested change.
Recommendation: Approve the Final Plat of Lot 1, Block 1 Christian Addition.
Finance Review
~
Account Number
Sufficient Funds AVaIlable
Finance Director
.
.
.
CITY OF
NORTH RICHLAND HILLS
Review Schedule
Application: 1/04/05 Final Hearing: 6/13/05 Total Review Time: 23 weeks*
* This request along with the accompanying site plan request was öriginally submitted for staff review in January of this year.
Because of the applicant's slow response to review comments, staff removed both submittals from the review process. As such,
the review time line does not reflect the actual review time necessary to process this request.
CITY COUNCIL ACTION ITEM
.
.
.
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FP 2005-02
Final Plat
Christian Addition
Lot 1 Block 1
Prepared by Planning 05/11/05
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.
.
NI~H
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Donna Jackson, Planner
Glenn Smith, Engineer Associate ~
FROM:
SUBJECT: Christian Addition, Block 1 - Lot 1
Final Plat, FP2005-01
DATE:
May 10, 2005
Public Works has reviewed the final plat submitted to this office on May 10, 2005. All of
Public Works' requirements have been met. We recommend placement on the next
Planning & Zoning meeting agenda. Upon approval from the Planning & Zoning
Commission, we recommend placement on the subsequent City Council meeting
agenda.
cc: Mike Curtis, P.E., Public Works Director
Dave Green, Director of Planning
Surveyor / Engineer: Ernest Hedgcoth, via fax
GES/pwm2005-092
.
FP 2005-02
CONSIDERATION OF A REQUEST BY GLENVIEW BIBLE CHAPEL TO
APPROVE THE FINAL PLAT OF CHRISTIAN ADDITION (LOCATED IN THE
7200 BLOCK OF DAVIS BOULEVARD 1.478 ACRES).
APPROVED
Dave Green explained that the purpose of this final plat is to prepare the site for
construction of a new church. The property is zoned U (School, Churches, &
Institutional). Public Works has presented a letter stating that all of the City's
comments have been satisfied. Staff recommends approval.
Scott Wood, seconded by Randy Shiflet, motioned to approve FP 2005-02
with the stipulation that the current zoning of U be shown on the plat. The
motion was approved unanimously (6-0).
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CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ Department
Council Meeting Date: 6/13/05
Subject: Consideration of a Request by Glenview Bible Chapel for Agenda Number: SP 2005-02
Approval of a Site Plan for a New Church (Located in the 7200 block of Davis Boulevard - 1.478
acres ).
Case Summary: The property owner, Glenview Bible Chapel, is requesting site plan
approval for a new church to be located in the 7200 block of Davis Boulevard. By current
policy churches are treated similar to commercial development in that site plan approval is
required (when adjacent to residential zoning) in order to. gauge the impact of the
development on adjacent properties.
Existing Site Conditions: The site exhibits an extreme upward slope from Davis
Boulevard. The site also exhibits a significant number of mature trees.
Existing Zoning: The property is currently zoned "U" School, Church and Institutional
District.
Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service uses
(retail/office) for this area along Davis Boulevard. Although the current zoning and
proposed use are not necessarily consistent with the Plan, churches are considered as
part of the community fabric and as such are permitted in any zoning district except AG
Agricultural and MH-1 Manufactured Housing.
Adjacent Zoning / Land Use:
North: R-4-D / Duplex residential
East: C-1 / Vacant
South: AG / Vacant
West: AG / Large lot single family
Site Design Features: The following features are noted on the site, landscape and
building elevation plans.
Building Design and Materials:
· Single-story, 2500 square foot building oriented parallel to Davis Boulevard;
Finance Review
Source of Funds:
Bonds (GOlRev.)
Operating Budget
Account Number
~
Sufficient Funds Available
~~~D~Œ
SP 2005-02 Glenview Bible Chapel CC
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CITY OF
NORTH RICHLAND HILLS
· Building materials listed on the plan indicate masonry materials (brick) for the building
facades;
· The roof exhibits a enhanced roof pitch and an overall height of 30'. The roof materials
appear to composition;
· The building site and associated parking area are situated on a "pad" that has been
"cut" and "leveled" out of the existing terrain. This has been done to reduce the slope
of the driveway access;
· A retaining wall surrounds both the parking lot and church pad site.
Access and Parking:
· Access to the site consist of one driveway (located in the center of the lot) to Davis
Boulevard;
· The access drive exhibits a 7% slope from Davis Boulevard. The Fire Department has
approved this design;
· Parking is based on capacity of the church sanctuary. The projected parking
requirement is 25 parking spaces and 1 handicapped space. The applicant has
provided the minimum required spaces.
Landscaping and Screening:
· The site plan provides for a 15' landscaped setback along Davis Boulevard. Included
in this setback are 3" caliper trees (Southern Live Oak) at 50' intervals as well as row of
dwarf Yaupon Hollies. The site plan has a note that all proposed street trees will be
placed in tree wells and the proposed shrubs will be placed in level beds;
· A 15' landscaped buffer consisting of 3" caliper screening trees and a 6' masonry wall
(with mow strip) is provided along the northern boundary of the site where adjacent to
residential zoning;
· No landscaping or screening is required along the western and southern boundaries of
the site;
· The majority of the existing site landscaping will remain undisturbed.
Signage and Lighting:
· A single 70 square foot monument sign (50 square foot display area) is provided at the
driveway location to Davis Boulevard;
· A single 15' light standard (one 400 watt light) is provided near the driveway approach
to Davis Boulevard.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on May 19, 2005, recommended approval of SP 2005-02 by
a vote of 6-0.
Staff Recommendation: Approval of the request.
Review Schedule:
Application: 1/04/05
Final Hearing: 6/13/05
Total Review Time: 23 weeks*
* This request along with the accompanying final plat request was originally submitted for staff review in January of this
year. Because of the applicant's slow response to review comments, staff removed both submittals from the review
process. As such, the review time line does not reflect the actual review time necessary to process this request.
.
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Site Plan
Christian Addition
Lot 1, Block 1
Prepared by Planning 05/11/05
.
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.
NI~H
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Donna Jackson, Planner
FROM:
Glenn Smith, Engineer Associate ~
SUBJECT: Christian Addition, Block 1 - Lot 1
Site Plan, SP2005-02
DATE:
May 10, 2005
Public Works has reviewed the site plan submitted to this office on May 10, 2005. All of
Public Works' requirements have been met. We recommend placement on the next
Planning & Zoning meeting agenda. Upon approval from the Planning & Zoning
Commission, we recommend placement on the subsequent City Council meeting
agenda.
cc: Mike Curtis, P.E., Public Works Director
Dave Green, Director of Planning
Surveyor / Engineer: Ernest Hedgcoth, via fax
.
GES/pwm2005-093
.
SP 2005-02
CONSIDERATION OF A REQUEST BY GLENVIEW BIBLE CHAPEL FOR
APPROVAL OF A SITE PLAN FOR A NEW CHURCH (LOCATED IN THE 7200
BLOCK OF DAVIS BOULEVARD 1.478 ACRES).
APPROVED
Dave Green explained that the church will be 2,500 sq. ft. in size with one access
point coming off of Davis Boulevard. The building will be oriented toward the
parking lot to the south. Currently the site is covered with mature trees. On the
site plan, the church has provided the adequate amount of screening required
along Davis Boulevard. The church has also provided screening along the north
property line along with a 6-ft. masonry wall. The wall is necessary due to
adjacent residential zoning. There will be a single monument sign located in the
front of the property. Public Works has provided a letter stating that all of Staffs
comments have been resolved based on the submitted plan. Staff recommends
approval.
.
Ernie Hedgcoth, engineer representing Glenview Bible Chapel, stated that there
is a 30-ft. relief from Davis Boulevard to the back of the site. There were some
drainage problems due to the grading but everything has been revised since
then. There will be a retaining wall starting from the front of the property 3 ft. in
height that will go along the back of the property reaching 5 ft. in height and
reaching around again to the front of the property reducing in height again to 3 ft.
The tree wells will be flattened in order to not have erosion onto Davis Boulevard.
There are no plans to develop in back. What is seen on the site plan is all that
will ever be done. The monument sign will say "North Richland Hills Bible
Chapel" .
Scott Wood, seconded by Don Bowen, motioned to approve SP 2005-02
with the corrections as stated by Mr. Hedgecoth. The motion carried
unanimously (6-0).
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning Department
Council Meeting Date: 06/13/05
Subjed: Public HearinQ and Consideration of a Request from the Agenda Number: ZC 2005-06
Mitchell Planning Group L. L. C. on behalf of the Property owner, Merrill Gardens, to Amend an
Approved "PD" Planned Development to Allow for a Senior Independent Living Community
(Located in the 8400 Block of Emerald Hills Way - 4.318 acres). Ordinance No. 2837.
Case Summary: This site was zoned PD Planned Development in 1999 (ref. PZ 99-16) for
a 45-bed Alzheimer's facility. This development was to be associated with the adjacent
assisted living facility located immediately to the south. The development was never built and
today the site remains vacant. The current property owner, Merrill Gardens (also owner of the
adjacent assisted living facility) does not intend to build the approved Alzheimer's facility but
instead build the Cottages of Merrill Gardens, a small senior independent living facility. The
development will consist of 21 total living units of both single family detached and duplex units.
The development will be limited to individuals aged 55 and older.
Comprehensive Plan: The Comprehensive Plan depicts Public/Semi-public uses for this
site. Examples of this type of use would include assisted living projects and senior
independent living projects such as proposed by the applicant.
Thoroughfare Plan: The site has frontage along Emerald Hills Way which is depicted on
the Thoroughfare Plan as a 2-lane, undivided, collector street (C2U) with a 60' Right Of Way.
Plat Status:
The site is currently platted as Lot 4, Block 1 Walker Branch Addition.
Adjacent Zoning I Land Use:
North: R7 MF Multi-family / Apartment complex, entrance road to
Walker Branch Park;
PD Planned Development / Apartment complex;
PD Planned Development /Assisted living facility;
R3 Residential I Single family neighborhood
East:
South:
West:
Site Design Features:
The following design features are noted on the attached plan.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
e
Account Number
Sufficient Funds Available
~ ., Fm- DUoctM
~'l¥
ZC 2005-06 Merrill Gardens CC
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>,.. .« "..-
CITY OF
NORTH RICHLAND HILLS
Building Design and Materials:
· 21 total units. 18 units are attached with the remaining 3 detached;
· All units are oriented internal to the site;
· All units are single-story with a unit size of 1,736 square feet (1,315 square feet livable
area) ;
· Overall density of the project is 4.86 units per acre;
· Building materials consist of a minimum of 81 % brick and 19% siding. The project exceeds
the minimum 75% masonry requirement for residential planned developments;
· A pool and cabana are proposed in the central common area.
Access and Parking:
· One access point is provided from Emerald Hills Way, however, additional access to the
site will be provided by private drive from the adjacent nursing home development located
immediately to the south;
· Traffic circulation within the development is provided by private drive/fire lane;
· Each unit provides I covered and I uncovered parking space per unit. This is consistent
with current requirements for this type of development;
· An additional 6 parking spaces and I handicapped parking space are provided in a central
common area near the proposed pool;
· Additional shared parking is available from the adjoining assisted living facility.
Landscaping and Screening:
· An existing 6' masonry wall parallels the western boundary of the site. The Landscape
Plan proposes a live vegetative screen along this boundary in an effort to "soften" the
impact of the development on adjacent properties;
· A 15' landscape setback is provided along Emerald Hills Way. The proposed trees and
shrubbery meet ordinance requirements;
· Additional landscaping in the form of trees and turf is provided a10ng the common
boundary with the nursing home and within the central open space area;
· A total of 62% of the project area is landscaped;
· A 4' decorative metal fence is shown surrounding the proposed pool. Please note that staff
is requiring a 6' fence height;
· A 5' decorative metal fence is provided parallel to the landscape setback fronting Emerald
Hills Way;
· No wooden fences and no fencing in the front yards will be permitted.
Signage and Lighting:
· A single monument sign is noted on the site plan near the development's driveway access
to Emerald Hills Way;
· The accompanying narrative notes that all signage will comply with current sign
regulations.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission at their meeting on May 19, 2005, recommended approval of ZC 2005-06 and the
accompanying final site plan by a vote of 6-0 with the following stipulations;.
1) Allowance of a cabana (not to exceed 500 square feet and matching the architectural
composition of the other building) in the common open space by the pool;
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CITY OF
NORTH RICHLAND HILLS
2) Indicate 5' ornamental fencing along the Emerald Hills Way frontage;
3) Show required safety fencing around the proposed swimming pool;
4) Label "The Cottages of Merrill Gardens" and "Minimum 55 years of Age for Residency"
on the site plan".
The applicant has sufficiently addressed these revisions on the attached site plan. In
addition to the above revisions, staff is also requesting that the proposed fence height
surrounding the swimming pool to be increased from 4' to 6' in order to meet current code.
The applicant is aware of this additional requirement.
Staff Recommendation: Approve Ordinance No. 2837 with revision to fence height
as stated above.
Review Schedule:
Application: 4/25/05
Council Hearing: 06/13/05
Total Review Time: 8 weeks
2
e4
6
8
10
ORDINANCE NO. 2837
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING
ORDINANCE NUMBER 2395 TO REVISE AN EXISTING PLANNED
DEVELOPMENT TO ALLOW A SENIOR INDEPENDENT LIVING FACILITY;
PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real
property owners within 200 feet of the property herein described at least 10 days
before such hearing; and,
12
14
WHEREAS, notice of a public hearing before the City Council was published in a newspaper
of general circulation in the City at least 15 days before such hearing; and,
16
WHEREAS, public hearings to zone the property herein described were held before both the
Planning and Zoning Commission and the City Council, and the Planning and
Zoning Commission has heretofore made a recommendation concerning the zone
change; and,
18
20
22
WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers
the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and
is in the best interest of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
.
26
28
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
30
Section 1:
32
34
36
38
Section 2:
40
42
Section 3:
44
.
48
Section 4:
THAT the comprehensive plan and comprehensive zoning ordinance of the City
of North Richland Hills are hereby amended by amending the zoning of Lot 4,
Block 1 , Walker Branch Addition, concerning 4.319 acres in the 8400 Block of
Emerald Hills Way, by amending the planned development zoning created
thereon by Ordinance 2395 by changing the use pennitted to a senior independent
living facility, by adopting the PD site plan labeled Exhibit A hereto and by
adopting the development conditions attached hereto labeled Exhibit B in place
of those established by Ordinance 2395.
THAT the Comprehensive Plan of the City of North Richland Hills is hereby
amended to incorporate the changes in future land use described herein.
Any person, finn or corporation violating any provision ofthis ordinance shall be
deemed guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
It is hereby declared to be the intention of the City Council that the sections,
2
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6
paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if
any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree of
any court of competent jurisdiction, such invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the city council without the
incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
8
10
Section 5:
This ordinance shall be in full force and effect immediately upon publication.
12
AND IT IS SO ORDAINED.
14
16
Passed and approved this 13th day of June, 2005.
18
CITY OF NORTH RICHLAND HILLS
20
22
By:
Oscar Trevino, Mayor
~
ATTEST:
28
Patricia Hutson, City Secretary
30
APPROVED AS TO FORM AND LEGALITY:
32
34
George A. Staples, Attorney
36
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Ordinance No. 2837
Page 2 of2
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NI~H
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Dave Green, Director of Planning
Glenn Smith, Engineer Associate ~
FROM:
SUBJECT: Merrill Gardens Site Plan
Walker Branch Addition, Block 1 - Lot 4
Site Plan, SP2005-06
DATE:
June 2, 2005
Public Works has reviewed the site plan submitted to this office on May 6, 2005. All of
Public Works' requirements have been met. We recommend placement on the next
City Council meeting agenda.
cc: Mike Curtis, P.E., Public Works Director
GES/pwm2005-112
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W~E
S
NRH
ZC 2005-06
8400 Block of Emerald Hills Ways
Lot 4, Block 1
Walker Branch Addition
The Cottages of Merrill Gardens
.
Prepared by Planning 05/03105
~Feet
o 100 200 -100
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NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL
Case #: ZC 2005-06
Applicant: Mitchell Planning Group L.L.C.
Location: 8400 Block of Emerald Hills Way (4.318 acres)
Legal Description: Lot 4, Block 1 Walker Branch Addition
You are receiving this notice because you are a property owner of record within 200
feet of the property shown on the attached map.
Purpose of Public Hearina:
A public hearing is being held to consider a request from the Mitchell Planning Group L.L.C.
on behalf of the property owner, Merrill Gardens, to amend the current "PD" Planned
Development zoning on the above property. The current Planned Development was
approved for a 45-bed Alzheimer's facility. The applicant is proposing instead to build a
senior independent living community consisting of single family attached and detached
dwelling units. The request was recommended for approval by the Planning and Zoning
Commission on May 19, 2005.
Public Hearina Schedule:
Public Hearing Date:
CITY COUNCIL
MONDAY, JUNE 13, 2005
7:00 P.M.
CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
Time:
Location:
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300
Fax (817) 427-6303
Mr. & Mrs. Velez
8336 Emerald Circle
411J' VVorth, TX 76180
Alice Landers
8340 Emerald Circle
N. Richland Hills, TX 76180
Donna Gittings
8348 Emerald Circle
N. Richland Hills, TX 76180
Mr. & Mrs. Woodrow
8352 Emerald Circle
N. Richland Hills, TX 76180
Mr. & Mrs. Cronin
8337 Emerald Circle
N. Richland Hills, TX 76180
Thomas Bradford
8341 Emerald Circle
N. Richland Hills, TX 76180
Mr. & Mrs. Paciolla
8349 Emerald Circle
N. Richland Hills, TX 76180
Stephanie Edwards
8353 Emerald Circle
N. Richland Hills, TX 76180
Mr. & Mrs. Davis
8361 Emerald Circle
N. Richland Hills, TX 76180
'r. & Mrs. Vorpahl
8325 Emerald Circle
N. Richland Hills, TX 76180
Miguel Molina
8365 Emerald Circle
N. Richland Hills, TX 76180
Mr. & Mrs. Whittington
8329 Emerald Circle
N. Richland Hills, TX 76180
Betty Jean Parker Nallia
5604 Newman Dr.
Ft. VVorth, TX 76180
Floyd Smith
5600 Newman Dr.
Ft. Worth, TX 76180
Emer.ald Park Apartments
P.O. Box 93061
South lake, TX 76092
Western Rim Investors
601 Canyon Rd. #101
Coppell, TX 75019
.
Mr. & Mrs. Witsenburg
8344 Emerald Circle
Ft. Worth, TX 76180
Gale Follett
8333 Emerald Circle
Ft. Worth, TX 76180
Mr. & Mrs. Cauthon
8345 Emerald Circle
N. Richland Hills, TX 76180
Mr. & Mrs. Hefner
8357 Emerald Circle
Ft. Worth, TX 76180
Elwood Johnson
269 Patrick Ave.
Concord, NC 28025
Mr. & Mrs. Pfeiffer
5608 Newman Dr.
Ft. Worth, TX 76180
Birdville ISD
6125 East Belknap St.
Haltom City, TX 76117
Snow Properties
5719 Airport Freeway
~tVVorth, TX 76117
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PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE
MITCHELL PLANNING GROUP L.L.C. ON B~HALF OF THE PROPERTY
OWNER, MERRILL GARDENS, TO AMEND AN APPROVED "PD" PLANNED
DEVELOPMENT TO ALLOW FOR A SENIOR INDEPENDENT LIVING
COMMUNITY (LOCATED IN THE 8400 BLOCK OF EMERALD HILLS WAY
4.318 ACRES)
APPROVED
Dave Green explained that this is a 4.318 acre vacant tract of land in the 8400
block of Emerald Hills Way. The site was zoned PD (Planned Development) in
1999 and at that time the previous owner had planned to build a 45-bed
Alzheimer Clinic in conjunction with the existing assisted living facility located to
the south. Since that time there has been a change in ownership. The new
owner does not wish to build an Alzheimer's Clinic, but would like to develop 21
units for senior independent living. Most of these units would be built like a
cottage or duplex. There are three units that are single family detached. All of
the units face interior to the site. There are two access points. All of the units
are single story in size with primarily masonry construction, composition roof, and
1,736 sq. ft. in size. There will also be a common area with a pool and additional
parking.
There are a number of street trees and screening shrubs along Emerald Hills
Way. Along the west boundary line, there is an existing masonry wall for the
single family subdivision located immediately to the west. There will be a living
screening wall of shrubbery along the west line. The landscape buffers and
setbacks meet and exceed the City's requirements.
Public Works has provided a letter stating that all issues have been addressed.
Staff recommends approval.
Richard Davis stated that on the site plan along Emerald Hills Way it states
available site visibility easement. What is the easement? Mike Curtis, Director of
Public Works, responded that because of the curve in Emerald Hills Way the site
of the visibility easement is at a certain angle. Mr. Davis asked that some arrows
be added to identify it.
Don Bowen asked Staff what assurance the Commission has that this will remain
a senior center. Dave Green responded that with a PD the applicant is obligated
to build only what is approved. If it began to be used for something other than
what is stated here it would become a Code Enforcement issue.
Randy Shiflet commented that a facility on Glenview has a minimum age
requirement of 55. He asked if that requirement could be included in the motion.
Chairman Davis responded "yes".
.
The Chairman opened the public hearing.
Karen Mitchell, Mitchell Planning Group, came forward. Merrill Gardens is based
out of Seattle, WA. It is a subsidiary of the RD Merrill Company which was
formed in 1993 in an effort to provide an alternative to traditional retirement
housing. They have over 66 communities in 14 states comprised of assisted
living and independent housing opportunities for seniors. They also own the
assisted living facility that is located to the south of this site. They would like to
expand this operation by creating this cottage community for independent
seniors. She stated that they would not have a problem with adding a standard
of 55 and over. There will be 21 cottage units comprised of attached and
detached dwellings. Each cottage will have two bedrooms, two baths and be
approximately 1 ,315 sq. ft. Approximately 62% of this site is planned for
landscape open space. The central focus of the site is the amenities area which
is a substantial amount of open space with a swimming pool and a small cabana.
The residents of the cottages will have privileges at the assisted living facility,
including meals, activities, and a library. There will be ornamental iron or a vinyl
split rail type fence.
Richard Davis stated that he has no problem with the vinyl split as long as it isn't
real tall. Karen Mitchell responded that it wouldn't exceed 5 ft. They will have
screened patios with some grassy area.
.
Ken Sapp asked about the leasing arrangement. Karen Mitchell stated that it
would be a little bit different than, for instance, an apartment lease because it is
incorporated with the assisted living facility. The cost of the lease would include
meals and weekly house cleaning. There would be individual leases for each
cottage.
Ken Sapp asked about the siding that is illustrated in the elevations. Karen
Mitchell stated that it is Hardiplank siding.
Richard Davis asked that the fence around the pool be added to the site plan and
asked that the cabana be more specified as well. Randy Shiflet asked for the
square footage of the cabana. Karen Mitchell explained that it would be more of
a covered patio for shade. Randy Shiflet stated he would like to see more
information on the site plan including square footage and material. Ms. Mitchell
responded that she was thinking in terms of a 20x20 covered patio. Richard
Davis stated that it shouldn't exceed 500 sq. ft. and wanted that included in the
motion.
Ken Sapp asked if the architectural composition can also be included.
.
Randy Shiflet asked for an explanation of a vinyl split rail fence. Ms. Mitchell
answered that it looks like wood, but is actually vinyl and more durable. She
stated that split rail is like a wood picket fence and not solid and that a living
.
.
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shrub screen would be in that particular area anyway. She stated that they are
not only proposing the trees along Emerald Hills Way, but also a substantial
amount of shrubbery.
Ken Sapp asked about pets. Ms. Mitchell stated that the residents are allowed to
have pets.
Richard Davis asked if there was anyone else that wished to speak in regards to
ZC 2005-06.
Rick Cauthon, 8345 Emerald Circle, came forward. He asked how close the
apartments were going to be to the fence on the west side. The Chairman
explained that the apartments would be single story and 25 ft. from the property
line. Ken Sapp added that if this was residential they could be as close as 10ft.
Mr. Cauthon asked about the working hours of construction. The Chairman
responded that concrete is usually poured early in the morning to avoid the heat
of the day, or if it is poured late in the day, they are still setting it up at night.
They do coordinate with the City Inspection Staff. There can't be a guarantee
that the hours won't be early or late, but it will be temporary.
Richard Davis closed the public hearing and asked for any comments or a motion
from the Commission members.
Randy Shiflet, seconded by Brenda Cole, motioned to approve ZC 2005-06
with the following stipulations: 1) allowance of a cabana not to exceed 500
sq. ft., matching the architectural composition of the other buildings; 2)
ornamental fencing 5 ft. in height along Emerald Hills Way; 3) show
required safety fencing around the pool area; 4) include on site plan the
label "The Cottages of Merrill Gardens" and include the comment
"Minimum 55 Years of Age for Residency". The motion was approved
unanimously (6-0).
CITY OF
NORTH RICHLAND HILLS
Department: PlanninQ Department
Council Meeting Date: 6/13/05
Subject: Public HearinQ and Consideration of an Ordinance Agenda Number: TR 2005-01
Amending the Comprehensive Zoning Ordinance by Amending Section 118-775 of the
Code of Ordinances of the City of North Richland Hills, Texas, to Provide Exceptions to
Regulations of Satellite Receiver Dishes Less Than One Meter in Diameter as Mandated
by FCC Regulations. Ordinance No. 2838.
Background The current Zoning Ordinance regulations for satellite receiver dishes were
adopted at a time when the industry standard for dishes was typically as large as 12 feet in
diameter. Since the time that these regulations were adopted, the industry has seen many
changes including a reduction in the size of most dishes to 1 meter (39.37 ") or less in size.
Some larger dishes (up to 12' in diameter) are still used for commercial applications but
these dishes do not represent the majority of those in current use. The purpose of the
attached ordinance is to bring our current regulations in line with Federal Communications
Commission (FCC) mandated regulations for satellite receiver dishes one meter or smaller
in size.
Ordinance Summary The attached ordinance amendment divides satellite receiver
dishes into 2 categories, those dishes 1 meter or less in size and those greater than 1
meter in size. The smaller dish regulations follow current FCC regulations and are
characterized by the following requirements:
· Shall be allowed in all zoning districts by right;
· No permit required;
· Shall not be located within or encroach into a drainage or utility easement;
· Shall not overhang any property line.
The following regulations are for receiver dishes greater than 1 meter in size. These
requlations are unchanQed from current ordinance requirements except for applyinq only to
dishes qreater than 1 meter in size.
· Dishes greater than 1 meter in size shall be allowed in any residential district and
the "AG" Agricultural District;
· Shall not exceed 12' in diameter;
· Shall be located only in the rear yard no closer than 6' from any side or rear
property line;
Finance Review
Account Number
~. . . SUfficient. Funds Available
L~ Finance Director
~~~
TR 2005-01 Satellite Receiver Dishes
CITY OF
NORTH RICHLAND HILLS
· Shall not encroach or be located within any drainage or utility easement;
· Shall not extend above 15' in height;
· No lettering or logo except for manufacturer or seller;
· Only one dish allowed per residential lot;
· A building permit must be obtained before installation.
In all other zoning districts where a satellite dish larger than 1 meter is utilized with a
permitted business, the following regulations will apply:
· Limit of one dish mounted either on the roof of a building or on a pole;
· Shall be located behind the front property line;
· Shall not exceed 12' in diameter;
· Shall not exceed 38' in height;
· If adjacent to a residential district, a pole mounted dish shall meet a setback from
the property line of l' for each 1.5' in height;
· In roof top installations, the dish may not exceed 12' in height above the building;
· A building permit must be obtained before installation.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission, at their meeting on May 19, 2005, recommended approval of TR 2005-01 by
a vote of 6-0 with the following amendment:
1) That on Page 1, Section 780. A. and B. after "one meter" place in parenthesis "39.37
inches. "
The attached ordinance reflects this revision.
Recommendation: Approve Ordinance No. 2838.
ORDINANCE NO. 2838
2
6
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE BY AMENDING SECTION 118-775 OF THE CODE OF
ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
TO PROVIDE EXCEPTIONS TO REGULATIONS OF SATELLITE
RECEIVER DISHES LESS THAN ONE METER IN DIAMETER AS
MANDATED BY FCC REGULATIONS; PROVIDING A PENALTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
.4
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10
12
WHEREAS, the City Council has received the recommendations of the Planning and Zoning
Commission concerning the matters herein dealt with, which recommendations
were made after the holding of a public hearing before said Commission on such
matters; and
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WHEREAS, notice has been published of the time and place of a public hearing held before
the City Council concerning the changes herein made, which public hearing has
been duly held; and,
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WHEREAS, the City Council has determined that the amendment to the Comprehensive
Zoning Ordinance herein made is in the best interest of the health, safety and
general welfare of the citizens of the City of North Richland Hills; NOW,
THEREFORE,
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.26
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
28
Section 1:
THAT the Comprehensive Zoning Ordinance of North Richland Hills is hereby
amended by amending Section 118-775 of the North Richland Hills Code of
Ordinances to read as follows:
30
32
"Section 118-775. Satellite receiver dishes.
34
(a)
Satellite receiver dishes measuring one meter (39.37 inches) or less in diameter
shall be allowed in all districts without a permit. Such dishes shall not be located
within or encroach on or over any drainage or utility easement and shall not
overhang any property line.
36
38
40
(b)
Satellite receiver dishes larger than one meter in diameter shall be allowed in any
residential district and in the AG Agricultural District if they conform to the
following regulations:
42
44
(1)
(2)
Satellite receiver dishes shall be located only in a rear yard and no portion
of such dish shall be closer than six (6) feet from any side or rear property
line.
No such satellite receiver dish shall exceed twelve feet in diameter.
46
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6
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Section 2:
42
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.
Ordinance No. 2838
Page 2 of 3
(4)
(5)
(3)
No satellite receiver dish shall be located within or encroach upon any
drainage or utility easement.
No portion of a ground-base mounted satellite receiver dish shall extend
beyond fifteen feet above the existing grade. A ground-pole mounted
dish located adjacent to or within three feet of the rear of the main
structure shall be allowed provided that it will not be visible between
ground level and five feet above ground level when viewed from the front
of the structure at a point nearest the curb line or edge of the street. A
roof mounted dish may be located on the rear portion of the roof of a
main structure if it will not be visible between ground level and five feet
above ground level when viewed from the front ofthe structure at a point
nearest the curb line or edge of the street.
No lettering, logo, or any fonn of advertising shall appear on the face or
back of the satellite receiver dish except the name and address and
telephone numbers ofthe manufacturer or seller, serial and model number
and any technical infonnation pertaining to the dish.
(6) Only one satellite receiver dish shall be allowed per residential lot.
(7)
(c)
A building pennit must be obtained from the Building Inspection Office
prior to the erection of any satellite receiver dish.
In all other zoning districts, where a satellite receiver dish larger than one meter
in diameter is utilized in conjunction with the conduct of a pennitted business,
one dish may be installed either on the roof of a building or on an approved pole
mounting system. Such dish shall be located behind the front building line ofthe
lot. The dish shall not exceed twelve (12) feet in diameter and shall not exceed
thirty-eight (38) feet in height above surrounding lot grade. Where the lot abuts
a residential district, the pole mounted dish installation shall be placed so that the
total height of the unit shall not exceed a ratio of one-foot distance from the
residential property for each one and one-half feet of height. In roof top
installations on pennitted high-rise buildings, the dish shall not exceed twelve
feet in height above the main roof structure of the building. A building pennit
must be obtained from the Building Inspection Office for installation of any dish
under this subsection."
Any person, finn or corporation violating any provision of the comprehensive
zoning ordinance as amended by this ordinance shall be deemed guilty of a
misdemeanor and upon final conviction thereof fined in an amount not to exceed
Two Thousand Dollars ($2,000.00). Each day any such violation shall be
allowed to continue shall constitute a separate violation and punishable
hereunder.
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Section 3:
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree of
any court of competent jurisdiction, such invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance,
since the same would have been enacted by the city council without the
incorporation in this ordinance of any such invalid phrase, clause, sentence,
paragraph or section.
Section 4:
This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
Passed on this 13th day of June, 2005.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
David L. Green, Director of Planning
.
Ordinance No. 2838
Page 3 of 3
·4
Exhibit B
· The Cottages ot Merríll
Gardens
¡Ianned Development Dístríct Development Standards
I?-+-D
.
Agplícant:
Mítchell Flanníng Group, L.L.C.
782) Níne Míle 5rídge Road
Fort Worth, Texas 761 )5
(817) 2) 7-4467
Fax: (817) 2)8-1444-
Contact: Karen K. Mítchell
Owner/Develo~
Merríll Gardens
2170 West State Road 4)4, Suíte ) 70
Longwood, FL )2779
(407) 8)4-8622
Contact: Jon Sundheím,
Regíonal Dírector of Development
-
Date Submítt<:d: April 1 8, 2005
Date Revísíons Submítted: Ma!) 6, 2005
N$RTH
R!CHLAND
HI L LS ZC 2005-06
41
·
The Cottages of Merrill Gardens
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District - R·4·D
1.01 General Description: This is a request to amend Planned Development Number 27-A in
order to amend the base zoning district from multifamily to duplex; to amend the permitted
uses and development regulations from an Alzheimer's facility to an Independent Living
Community. The Cottages of Merrill Gardens is a residential development for independent
living for our older citizens. Although it provides for cottage type housing, it is an integral
part of an overall development belonging to Merrill Gardens which has it's Assisted Living
Facility to the south of this site. The Cottages of Merrill Gardens consist of approximately
4.318 acres of land and combines both open space and single family attached and
detached dwellings into its mixture of land uses. The total density of this development is
4.86 units per acre.
1.02 Permitted Uses. Land uses permitted within this development are:
a.
b.
· c.
d.
e.
Dwellings, single family residential attached and detached
Accessory buildings and structures
Clubhouses
Recreational amenities, including swimming pools, cabanas, sidewalks, tennis courts,
multipurpose courts, including associated equipment structures
Open Space
1.03 Density: Overall allowed density for this planned development district shall be 4.86 units
per gross acre of land.
1.04 Reauired Parkina: Each unit shall provide two (2) off street parking spaces. Garage
parking spaces and tandem parking spaces shall be allowed in order to meet this
requirement. Overflow parking has been provided within the amenities area.
1.05 Buildina Material: All residential structures exceed the minimum masonry requirement
and are comprised of 81% masonry.
1.06 Open Space: We are providing approximately 62% of the site in landscaping and open
space. This area includes pedestrian walks and the amenity area with a swimming pool.
·
1.07 Fencina and Screening: The landscape plan delineates a 15 foot bufferyard along
Emerald Hills Way; however, we have increased the minimum front yard setback from 20
feet to 25 feet. A decorative iron fence or fence with similar material, not exceeding five
(5) feet in height, will be incorporated with the landscaping and buffering. No wooden
fences will be allowed and no fence shall be located within the front yard setback along
Emerald Hills Drive.
2
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1.08 Landscapina: We have provided a landscape plan which delineates our open space and
landscaping of shrubs, trees, and grassy areas. Although the ordinance requires a
minimum of 20% of the rear yard to be in open space, the overall landscaping and open
space exceeds 63% of the site. We are providing a row of shrubs along the existing
masonry wall to the west of our site in an effort to "soften" the effect; we are providing a
landscape bufferyard along Emerald Hills Way with shrubs, trees and grassy areas; we are
providing a bufferyard between the existing parking lot of the Assisted Living Facility,
landscaped with large trees and grass. The center area of the site is the area we refer to
as "amenity area" and is landscaped with trees and grass.
1.09 Dwellina Size: The minimum dwelling size is 1,315 square feet, excluding garages,
patios and breezeways. All units are two (2) bedroom and two (2) bathroom. The site plan
shows nine (9) single family attached structures and three (3) single family detached
structures for a total of 21 single family units.
1.10 Bulk Reaulations:
Front Yard: 25 feet along Emerald Hills Drive
Side Yard: 15 feet adjacent to south property line
Rear Yard: 25 feet adjacent to the west property line
Maximum Height: One (1) story, 14' 10 1/2".
·
1.11 Sianaae:
All signs shall be in compliance with the City of North Richland Hills Sign Regulations.
2.0 Zoning Application, General
2.01 Submitted herewith is an application for amending PO - 27 A from a multifamily
use to a duplex use to allow for an Independent Living Community for Seniors in
association with the existing Merrill Gardens Assisted Living Facility to the south of
our site.
2.02 Detailed Site Plan
2.03 Landscape Plan
2.04 Architectural Renderings
2.05 Application Fee
2.06 Cover Letter
·
3
:
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PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AMENDING
SECTION 780 OF NORTH RlCHLAND HILLS ORDINANCE 1874 OF THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RlCHLAND HILLS PROVIDING EXCEPTIONS TO REGULATIONS OF
SATELLITE RECEIVER DISHES LESS THAN ONE METER IN DIAMETER AS
MANDATED BY FCC REGULATIONS.
APPROVED
Dave Green, Director of Planning, explained that the purpose of this ordinance
amendment is to bring the City's current satellite receiver dish requirements,
which are part of the zoning ordinance, into compliance with current FCC
regulations. It was pointed out to staff that the current ordinance regulations are
outdated. They were adopted at the time when very large receiver dishes were
first coming onto the market in residential areas. Modern receiver dishes are
less than one meter (39.37 inches) in width. Staff has added to the ordinance
based on FCC requirements: A receiver dish smaller than one meter is allowed
in any district without a permit. A dish cannot encroach over a drainage or utility
easement or overhang a property line.
The Chairman opened the public hearing and asked if anyone would like to
speak in regard to TR 2005-01. No one wished to speak and Chairman Davis
closed the public hearing and asked for a motion.
.
Randy Shiflet, seconded by Ken Sapp, motioned to approve TR 2005-01
with the modification to page 1, Section 780, A. and B. after "one meter"
place in parenthesis u39.37 inches". The motion was approved
unanimously (6-0).
.
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CITY OF
NORTH RICHLAND HILLS
Department: City ManaQer's Office Council Meeting Date: 6/13/2005
Subject: Approve Easement Modifications with TXU Electric Agenda Number: GN 2005~O
Delivery Company
TXU Electric Delivery is in the process of replacing the existing four legged electric
transmission poles with mono-poles for the electric feeder line that enters North Richland
Hills at approximately the intersection of Smithfield and North Tarrant Parkway and exits
the City at approximately the intersection of Precinct Line and Glade Road. John Pena,
Area Manager for TXU Electric Delivery, briefed Council on this project during the
February 14, 2005 pre-council meeting.
e
As a part of this project, TXU Electric Delivery has presented two (2) Easement
Modification Agreements to the City for approval. The original easements were granted in
1982. The Modification Agreements seek approval to "remove the electric transmission
line currently existing on the property described in the Easement and Right-of-Way and to
erect, construct, reconstruct, inspect, repair, maintain, improve, operate, and remove an
electric transmission line, with all necessary appurtenances, including multiple circuits and
single steel or concrete poles as supporting structures, on the property described in the
Easement and Right-of-Way." The Modification AQreements change no other rights that
were aranted with the oriainal Easement and Riaht-of-Wav documents. A copy of each
Easement Modification Agreement is attached.
Public Works reviewed the Easement Modification Agreements as well as the original
easement documents. Parks & Recreation reviewed the alignment of the new poles to
determine if the Little Bear Creek Hike and Bike Trail that is currently in design would need
to be realigned. It does not. The City Attorney also reviewed all documents provided to us
by TXU.
John Pena, Area Manager for TXU Electric Delivery, will be present to answer any
questions Council may have.
Recommend ation
Approve the two (2) Easement Modification Agreements presented to the City from TXU
Electric Delivery.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
]{~4~
Account Number
Sufficient Funds Available
~~
Department Head Signature
n.....,....... ... .....~ '"
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STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
Euless - Keller 138 kV
04 T80031
EASEMENT MODIFICATION AGREEMENT
E-113163 & 188286
For and in consideration ofTen and No/lOO Dollars ($10.00), and other good and
valuable consideration, receipt of which is acknowledged by Grantor, the Easement and
Right-of-Way dated the 9th day of November, 1982, recorded at Volume 7426, Page
1402, & the Easement and Right-of-way dated the 17th day of November, 1982, recorded
at Volume 7469,Page 2278 of the deed or real property records of Tarrant County, Texas
(the "Easement and Right-of-Way") is hereby modified to grant to TXU Electric Delivery
Company, P.O. Box 970, Fort Worth, Texas 76101-0970, successor to (Texas Power &
Light Company, Texas Electric Service Company or Dallas Power & Light Company),
the right to remove the electric transmission line currently existing on the property
described in the Easement and Right-of-Way and to erect, construct, reconstruct, inspect,
repair, maintain, improve, operate, and remove an electric transmission line, with all
necessary appurtenances, including multiple circuits and single steel or concrete poles as
supporting structures, on the property described in the Easement and Right-of-Way.
All other rights granted in the Easement and Right-of-Way which are not in
conflict with the terms of this Easement Modification Agreement continue in full force
and effect.
Executed the
day of
, 2005.
Grantor( s):
1
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STATE OF TEXAS
COUNTY OF TARRANT
Euless - Keller 138 kV
04 T80031
§
§
§
EASEMENT MODIFICATION AGREEMENT
E-188325
For and in consideration ofTen and No/I 00 Dollars ($10.00), and other good and
valuable consideration, receipt of which is acknowledged by Grantor, the Easement and
Right-of-Way dated the 16th day of November, 1982, recorded at Volume 7426, Page
1394, of the deed or real property records of Tarrant County, Texas (the "Easement and
Right-of-Way") is hereby modified to grant to TXU Electric Delivery Company, P.O.
Box 970, Fort Worth, Texas 76101-0970, successor to (Texas Power & Light Company,
Texas Electric Service Company or Dallas Power & Light Company), the right to remove
the electric transmission line currently existing on the property described in the Easement
and Right-of-Way and to.erect, construct, reconstruct, inspect, repair, main~ improve,
operate, and remove an. electric transmission line, with all necessary appurtenances,
including multiple circuits and single steel or concrete poles as supporting structures, on
the property described in the Easement and Right-of-Way.
All other rights granted in the Easement and Right-of-Way which are not in
conflict with the tenns of this Easement Modification Agreement continue in full force
and effect.
Executed the
day of
, 2005.
Grantor(s):
1
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.
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CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: June 13, 2005
Subject: Approve Professional Services Aqreement with BRW
Architects, Inc. for Architectural and Engineering Design
Services of the New Library - Resolution No. 2005-051
Agenda Number: PU# 2005-023
As you know, the Comprehensive Development ·Agreement between the City of North
Richland Hills and Arcadia Holdings, Inc., which was authorized in April, 2001, provided for
the construction of a new recreation center and library to be built within the Home Town
Development. The agreement called for the City to initiate such projects when certain
financial criteria were achieved and that both City projects would be funded using revenues
produced from Tax Increment Reinvestment Zone NO.2 (TIF#2). At this time all funding
criteria have been met to fund the library project ·only. Therefore, staff has initiated the
process to begin the design development.
Over the past several months the City has been working on securing the services of an
architectural firm to design the new library. This· process involved the preparation of a
Request for Proposals and then advertising appropriately as we sought qualified firms to
consider for this substantial project. Fourteen (14) proposals were received from qualified
architectural firms upon the closing date for acceptance. A review committee was then
appointed by the City Manager and was comprised of various city staff, a Library Board
member and an outside Library Director from a neighboring city. The committee reviewed all
proposals and narrowed the interview list to four of the highest qualified prospective firms.
Representatives from each of these four firms were invited to make presentations to the
review committee on April 22, 2005. At the conclusion, a unanimous decision was reached to
begin negotiations with BRW Architects, Inc., a Dallas firm who plans to team with Barker
Rinker Seacat Architecture, a Denver based firm. The decision was based on a number of
factors including previous experience, reference verification, presentation, preliminary
concepts, creativity and the various team members who would be involved in the project.
A contract was then negotiated by staff in an attempt to construct a sound contract that would
provide the City all the appropriate and necessary services and do so within the budget
limitations of the project. The attached proposed agreement represents all services required
of BRW Architects, Inc. to fully design and prepare the necessary bid documents in
anticipation of construction. The fees are also within the budgetary guidelines established in
the Comprehensive Development Agreement for the construction of the new library.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
P~nø 1 nf ~
CITY OF
NORTH RICHLAND HILLS
As you will see in the attached agreement, the various stages of design are anticipated to
take as long as one year. Over the course of the design period it will be necessary to have
input throughout this process from the City Council, Library Board members and various
staff. After completion of the architectural and engineering design, the construction
bidding process seeking a competitive sealed proposal will begin. It is anticipated that the
construction and furnishing period could be as long as fourteen (14) months. Assuming
these time periods to be correct, construction could begin by as early as next summer with
completion of the project by Fall of 2007.
The fees for services ·in the attached agreement with BRW are as follows:
Architectural and Engineering
Furnishings Layout, Selection and Procurement
TOTAL
$700,000
50,000
$750,000
The various stages of basic service design with fee breakdown, including furnishings
layout, selection and procurement are as follows:
* Schematic Design
* Design Development
* Construction Documents
* Pricing and Construction Contracting
* Construction Administration
TOTAL
20%
20%
38%
2%
20%
100%
$150,000
150,000
285,000
15,000
150,000
$750,000
The original budget prepared for the new library was developed approximately six years
ago. Although it is thought that inflationary factors were built in, it was never thought that
the project would take quite this long to get started. The original project called for a
building shell construction of approximately 60,000 square feet in total; it was anticipated
that only approximately 45,000 square feet would be finished out for initial use. The
overall project budget was established at $10,216,111, including land acquisition,
furnishings, technology and fees. The initial debt of $1,450,000 has previously been
issued for this project in Spring 2003 allowing the City to complete the land acquisition and
design services. The remaining funds necessary to complete the construction portion of
the project will be obtained through a debt issuance scheduled for Spring of 2006, just
prior to authorization to begin construction.
Recently there have been extensive discussions and concerns about potential needs to
modify the project budget due to the lengthy delays in getting the library project started, but
staff remains committed and confident that we can construct the new library within the
original estimated budget. To accomplish this we may not be able to build the shell space
initially but leave area for it in the future, or we may want to consider a smaller shell space
of say 55,000 square feet. Given that our current City Library is approximately 31,000
square feet, these may be workable for the future. Obviously we will strive to complete the
largest facility possible without jeopardizing the high quality outward appearance we seek
for the Home Town Development.
The first task for the architect upon execution of the attached agreement will be to prepare
Schematic Design documents including all related documents such as preliminary site
plan, building plans, sections, elevations, etc. At the completion of the Schematic Design,
CITY COUNCIL ACTION ITEM
P",no ? nf ~
CITY OF
NORTH RICHLAND HILLS
the architect will then prepare a preliminary cost estimate. At this time we will have a
better understanding of the probable size of the building to be built given the current
budget.
Staff is planning to brief the City Council more extensively on this subject in a Pre-Council
session prior to the regular Council meeting and allow an opportunity for discussion
The attached agreement has been reviewed by the City Attorney.
Recommendation: Approve Resolution No. 2005-051
CITY COUNCIL ACTION ITEM
P::InI'> ~ nf ':1.
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RESOLUTION NO. 2005-051
BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS,
TEXAS, that:
The City Manager is hereby authorized to execute a Professional Services
Contract with BRW Architects, Inc. for Architectural and Engineering Design
Services for the new North Richland Hills Library.
PASSED AND APPROVED this 13th day of May, 2005.
APPROVED
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, Assistant City Manager
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CONTRACT FOR PROFESSIONAL ARCHITECT SERVICES
THIS CONTRACT made and entered into on the date last stated below between the
City of North Richland Hills, hereinafter called "CITY", acting by and through Larry J.
Cunningham, City Manager, duly authorized to act on behalf of the CITY and Brown
Reynolds Watford Architects, Inc., hereinafter called "ARCHITECT", acting by and
through Craig Reynolds, AlA, duly authorized to so act on behalf of the ARCHITECT.
WHEREAS, the CITY desires PROFESSIONAL ARCHITECTURAL AND
ENGINEERINGS SERVICES in connection with new North Richland Hills Library for
the City of North Richland Hills, hereinafter called "the PROJECT"
WHEREAS, the CITY has determined that the ARCHITECT has experience in the area
involved in the Project and is qualified to perform the work, and the ARCHITECT is
willing to enter into a contract with the CITY to perform the ARCHITECTURAL services
desired by the CITY in connection with the PROJECT.
THE CITY AND ARCHITECT AGREE AS FOLLOWS:
The CITY hereby retains the ARCHITECT to perform ARCHITECTURAL AND
ENGINEERING services in connection with the PROJECT described above.
e 1. SCOPE OF SERVICES
The scope of ARCHITECTURAL services to be performed by the ARCHITECT shall be
as follows:
1.1 Approach to Project
We understand the project scope involves a single library building of approximately
45,000 to 55,000 gross square foot as allowable within the project budget. The
approximately 4 acre building site is located at the intersection of Cardinal Lane and
Grand Avenue in North Richland Hills. The building site is located in the Home Town
development created by Arcadia Realty Corporation. Site development will include
approximately 180 parking spaces, along with related utilities, landscaping, irrigation,
and site signage. The building is envisioned as two stories in height containing those
spaces as defined in the Library Building Program: North Richland Hills Central Library,
dated January 5, 2005, but adapted to the final gross building area.
We understand the total construction budget for site development, building construction
and furniture and contingency is $8,285,316. In addition, the CITY has separate
budgets for the City Provided Services described herein.
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North Richland Hills Library Professional Services Agreement
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1.2 Detailed Scope of Services
The scope of basic services shall include the following phases:
Schematic Design
Design Development
Construction Documents
Pricing And Construction Contracting Method
Construction Administration
The scope of services is described below.
Basic Services
Basic Services shall include services for the disciplines shown below.
· Architectural
· Civil Engineering, including grading, drainage, paving, and on-site utilities
· Structural Engineering
· Mechanical, Electrical, and Plumbing Engineering, including fire sprinkler system
performance specification, public address system performance specification, and
emergency generator
· Landscape Architecture, including irrigation performance system specification
· Cost Estimating
· Acoustical and Lighting Consulting
· Furniture and library shelving layout, selection, and procurement
· Submission for Governmental Permits, including coordination of Texas
Accessibility Standards Site Inspection (ARCHITECT shall submit for TAS plan
approval at the completion of Construction Documents)
SCHEMATIC DESIGN
The ARCHITECT shall provide Schematic Design Documents based on the mutually
agreed-upon space program, schedule, and budget for the Cost of the Work. The
documents shall establish the preliminary design illustrating the scale and relationship
of the components. The Schematic Design Documents shall include a preliminary site
plan, building plans, sections and elevations. Preliminary selections of major building
systems and construction materials shall be noted on the drawings or described in
writing. During the design process, the ARCHITECT shall work with the CITY's
consultants under separate contract to coordinate the scope of the project. At the
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North Richland Hills Library Professional Services Agreement
e completion of Schematic Design, the ARCHITECT shall prepare a preliminary estimate
of the Cost of the Work and update the project schedule.
Meetings and Deliverables
The Schematic Design phase shall include three (3) working design meetings with the
CITY. During the course of the project, the Project Team shall also present the design
at one Community meeting, one Public Library Board meeting, and one City Council
meeting 01) dates coordinated with the working design meetings. Schematic Design
deliverables shall include three (3) full-size sets of documents for the CITY's review and
comment.
Arcadia Realty Corporation Design Coordination
The Project Team shall coordinate the library design with Arcadia Realty Corporation as
required by the Home Town requirements.
DESIGN DEVELOPMENT DOCUMENTS
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The ARCHITECT shall provide Design Development Documents based on the
Schematic Design Documents and preliminary estimate of the Cost of the Work. The
Design Development Documents shall illustrate and describe the refinement of the
design establishing the scope, relationships, forms, size and appearance of the project
by means of plans, sections and elevations, typical construction details, and outline
specifications. The Design Development Documents shall include in general the quality
levels for major materials and project systems.
The ARCHITECT shall review laws, codes, and regulations applicable to the
ARCHITECTs services. The ARCHITECT shall respond in the design to requirements
imposed by governmental authorities having jurisdiction over the work.
During the design process, the ARCHITECT shall work with the CITY's consultants
under separate contract to coordinate the scope of the project. At the completion of
Design Development, the ARCHITECT shall update the preliminary estimate of the Cost
of the Work and the project schedule. The ARCHITECT shall advise the CITY of any
changes from previous estimates due to adjustments in the project scope, refinement of
the estimate, or general market conditions. If at any time the ARCHITECTs estimate of
the Cost of the Work exceeds the CITY's budget, the ARCHITECT shall make
appropriate recommendations to the CITY to adjust the project's size, quality or budget,
and the CITY shall cooperate with the ARCHITECT in making such adjustments.
Meetings and Deliverables
The Design Development phase shall include three (3) working design meetings with
the CITY. Design Development deliverables shall include three (3) full-size sets of
documents for the CITY's review and comment.
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North Richland Hills Library Professional Services Agreement
e CONSTRUCTION DOCUMENTS
The ARCHITECT shall provide Construction Documents based on the Design
Development Documents and updated preliminary estimate of the Cost of the Work.
The Construction Documents shall set forth in detail the requirements for construction of
the Project. The Construction Documents shall include Drawings and Specifications
that establish in detail the quality levels of materials and project systems required for
construction.
The ARCHITECT shall update the estimate of the Cost of the Work and project
schedule at 50% and 95% completion of Construction Documents. It is recognized that
neither the ARCHITECT nor the CITY has control over the cost of labor, materials or
equipment, over the Contractor's methods of determining bid prices, over competitive
bidding, or market conditions. Accordingly, the ARCHITECT cannot and does not
warrant or represent that bids will not vary from the CITY's budget or the ARCHITECT's
cost estimates.
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During the development of the Construction Documents, the ARCHITECTS shall
prepare a Project Manual including (1) bidding and procurement information which
describes the time, place and conditions of bidding: bidding or proposal forms; and the
form of agreement between the CITY and the Contractor; and (2) the Conditions of the
contract for Construction (General, Supplementary and other Conditions).
Construction Documents phase deliverables shall include three (3) full-size sets of
documents at 50% completion and 95% completion for the CITY's review and comment.
Final deliverables at 100% completion shall include three (3) sets of full-size set of
prints, three (3) sets of half size prints, three (3) sets of specifications, one (1) set of
unbound specifications, and one electronic file of the Contract Documents in AutoCAD
format and Specifications in PDF format.
PRICING AND CONSTRUCTION CONTRACTING METHOD
We understand the CITY intends to request proposals through a Competitive Sealed
Proposal delivery method. The ARCHITECT shall prepare and coordinate the
solicitation and evaluation requirements and process with the CITY. The ARCHITECT
shall provide electronic copies of the construction documents for bidding purposes and
offer copies to bidders at an agreed upon price with the City.
The ARCHITECT shall prepare responses to questions from proposers and provide
clarifications and interpretations of the Contract Documents in the form of Addenda.
The ARCHITECTS shall consider requests for substitutions during the pricing period, as
permitted by the Contract Documents, and shall prepare Addenda including approved
substitutions.
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e The ARCHITECT shall lead and conduct a pre-bid conference for prospective bidders.
The ARCHITECT shall assist with proposal evaluation, including checking references of
the apparent successful bidder, and make a recommendation for award of a
construction contract.
CONSTRUCTION ADMINISTRATION
The ARCHITECT shall participate in a pre-construction conference within 10 calendar
days of the Notice to Proceed.
The ARCHITECT shall visit the site at intervals appropriate to the stage of construction
to become generally familiar with the progress and quality of the work completed. The
ARCHITECT's representative shall attend progress meetings and prepare field reports
describing the status of the work and any discrepancies observed from the Construction.
Documents.
The ARCHITECT shall not have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction as selected by the Contractor, or·.
for the safety precautions and programs incident to the work of the Contractor, or for the
failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or
orders applicable to the Contractor furnishing and performing the work.
e The ARCHITECT shall review and approve or take other appropriate action upon
Contractor's submittals such as shop drawings, product data, samples, and mock-ups
for general conformance with information given and the design concept expressed in
the Contract Documents. Review is not conducted for the purpose of determining the
accuracy, completeness, or quantities, or for substantiating instructions for installation
or performance of equipment or systems.
The ARCHITECT shall only respond to reasonable Contractor's Requests for
Information and prepare Proposal Requests, Change Orders and Construction Change
Directives for the CITY's approval and execution in accordance with the Contract
Documents.
The ARCHITECT's interpretations and decisions shall be consistent with the intent of
and reasonably inferable from the Contract Documents and shall be in written
documentation.
The ARCHITECT shall review and certify the amounts requested by the Contractor on
the Application and Certification for Payment. The issuance of a Certification for
Payment shall not be a representation that the ARCHITECT has (1) made exhaustive or
continuous on-site inspections to check the quality of the work, (2) reviewed
construction means, methods, techniques, or sequences, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers, or (4) ascertain how
or for what purpose the Contractor has used money previously paid on account of the
contract sum.
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The ARCHITECT shall perform final closeout procedures as defined in the Contract
Documents, including preparation and verification of Punch Lists for the Contractor's
use.
Construction Administration services beyond the following limits shall be an Additional
Service:
· Up to two (2) reviews of any single Contractor submittal
· Site observation visits averaging once per week
. One Punch List at Substantial Completion
· One site observation visit to verify completion of Punch List
· Construction Administration services provided beyond the original construction
contract substantial completion date. (a maximum 14 months from the construction
start date or a shorter time frame if stipulated in the construction contract)
· Evaluation of Contractor's substitution requests beyond 90 days after the execution
of the construction contract
· CITY requested project scope changes resulting in changes to the Construction
Documents
· Evaluation of claims submitted by the Contractor in connection with the work
e 2. CITY'S RESPONSIBILITIES
So as not to delay the services of ARCHITECT, the CITY shall do the following in a
timely manner:
City Provided Services
The CITY shall provide the services shown below as required to complete the project.
The ARCHITECT shall coordinate Basic Services work with the City Provided Services.
· Boundary Survey signed by a licensed Texas surveyor that includes all utilities and
easements
· Topographic and Tree Survey for the entire site
· Geotechnicallnvestigation
. Property Plat
· All required zoning modification, including S.U.P.s, and P.D.s
· Audio / Visual Design (ARCHITECT shall provide electrical power and empty conduit
as directed by the CITY)
· Building Security System (ARCHITECT shall provide electrical power and empty
conduit as directed by the CITY)
· Traffic Impact Analysis and Off-Site Road Engineering, including coordination of
traffic signals, traffic signage, road median breaks and turn lanes
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e . Telecommunications Equipment and Wiring Design, including voice, data, cable TV,
fiber optic cabling, wire management systems, and terminations (ARCHITECT shall
provide empty junction boxes and electrical power as directed by the CITY)
. Computer Equipment selection, procurement, and installation (ARCHITECT shall
provide electrical power and empty conduit as directed by the CITY)
. TAS Plan Review and TASSite Inspection
The CITY shall furnish the services of consultants other than those designated as Basic
Services, or authorize the ARCHITECT to furnish them as an Additional Service, when
such services are required to complete the work.
The CITY shall not increase or decrease the overall budget, or the portion of the budget
allocated for construction or contingencies by more than 5%, without modifying the
agreement of the ARCHITECT to a corresponding change in the project scope, quality,
and / or professional service fees.
The CITY shall provide written comments within 10 calendar days pertaining to
documents submitted by the ARCHITECT in order to avoid unreasonable delay in the
orderly and sequential progress of the ARCHITECTS' services. The CITY shall not
modify a decision once given to the ARCHITECT without additional compensation to the
ARCHITECT.
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2.1 Provide Existing Data
Existing surveys and data provided to the ARCHITECT for the ARCHITECT'S use by
the CITY remains the property of the CITY and must be returned to the CITY after
completion of the PROJECT.
The ARCHITECT shall be entitled to rely on the accuracy and completeness of services
and information furnished by the CITY. The ARCHITECT shall provide prompt written
notice to the CITY if the ARCHITECT becomes aware of any errors, omissions or
inconsistencies in such services or information.
2.2 Provide Bidding and Contract Documents
After authorization to proceed, ARCHITECT shall prepare bidding and contract
documents that are to be used for the public bidding of the PROJECT. The
ARCHITECT shall not take any responsibility for accuracy and content of CITY
furnished documents. The ARCHITECT shall provide all bid item descriptions, special
provisions, technical specifications, plans and other project specific information that is
required for bidding the PROJECT.
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e 2.3 Provide Access
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Arrange for access to, and make all provisions for, ARCHITECT or ARCHITECT'S
Subconsultants to perform services under this AGREEMENT.
2.4 City Representative
CITY shall designate a representative to act as a contact person on behalf of the CITY.
3. SCHEDULE
3.1 Schedule
The ARCHITECT'S services shall be performed in a timely manner consistent with
sound professional practices. The ARCHITECT will complete the work according to the
following schedule:
We anticipate the following time periods for the project phases.
· Schematic Design
· Design Development
· Construction Documents
· Pricing and Contract Award
· Construction
· Furnishings Installation
8 -12 weeks
8 -12 weeks
14 - 16 weeks
6 - 8 weeks
12 months
2 months
The ARCHITECT shall proceed following the CITY'S written authorization. The
ARCHITECT shall submit for the CITY's approval a schedule for the performance of the
ARCHITECT's services, including allowances for periods of time required for the CITY's
review, for the performance of the CITY's consultants, and for approval of submissions
by authorities having jurisdiction over the work.
The time limits set forth in the schedule shall include allowances for reasonable and
expected review time by the CITY and approval by authorities having jurisdiction over
the PROJECT, and shall not be allowed as cause for delay or adjustments to the
schedule. Delays in the design critical path caused by review times by the CITY or a
permitting agency exceeding those anticipated by the ARCHITECT'S schedule are
cause for adjustments in the schedule. Any adjustments made to the agreed upon
schedule shall be made in writing and acceptable to both parties.
The ARCHITECT shall begin work within 14 calendar days of receipt of the executed
CONTRACT and written Notice to Proceed.
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North Richland Hills Library Professional Services Agreement
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A schedule of completed work, including a bar graph schedule showing the percentage
complete of each of the items of the scope of work, will be submitted each month to the
CITY.
3.2 Approval of Services
ARCHITECT'S services under each item of the finalized Scope of Work shall be
considered approved on the date when the submissions for that item have been
accepted by CITY.
3.3 Changes
If the CITY requests significant modifications or changes in the Scope of Services,
general scope, extent or character of the PROJECT, the time of performance of
ARCHITECT'S services, the various rates of compensation and schedule shall be
adjusted equitably.
3.4 Written Authorization for Additional Work
Any provision in this CONTRACT notwithstanding, it is specifically understood and
agreed that the ARCHITECT shall not authorize or undertake any work pursuant to this
CONTRACT which would require the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Section 4. (Payment for Services) of this CONTRACT,
without first having obtained the specific written authority to do so from the CITY.
4. PAYMENT FOR SERVICES
4.1 Terms
Terms used in describing the applicable method of payment for services provided by the
ARCHITECT shall have the meaning indicated below:
Basic Architectural Fee:
Basic ARCHITECTURAL Fee shall mean those expenses incurred by the ARCHITECT
in providing the PROJECT Scope of Services.
Reimbursable Expenses
Reimbursable Expenses shall mean the actual expenses incurred by the ARCHITECT
in the interest of the PROJECT, not covered under the Scope of Services, for travel,
delivery services, reproduction of reports, drawings, specifications, bidding documents,
and similar PROJECT-related items in addition to those required under Section I.
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North Richland Hills Library Professional Services Agreement
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Additional Services
Additional services not covered under the Scope of Services, will be provided to the
CITY on an hourly basis plus reimbursable expenses as agreed in writing at the time
such services are authorized.
4.2 Basis and Amount of Compensation for Basic Services
For the Architectural and Engineering Basic Services described above, we propose a
lump-sum fee as shown below that includes expenses incurred by the ARCHITECT for
providing the services described above. Reimbursable expenses include travel,
governmental fees, reproduction and deliveries for and to the CITY.
Basic Services
· Architectural and Engineering
· Furnishings Layout, Selection and Procurement
$700,000
$50,000
Allowances (in addition to Basic Services)
The ARCHITECT shall not proceed with the work under this Allowance unless
authorized in writing by the CITY
. Models and Professional Renderings
$15,000
Compensation shall be invoiced based on the percent complete for each phase, but
shall not exceed the percentages shown below.
· Schematic Design
· Design Development
· Construction Documents
· Bidding
· Construction Administration
Total
20%
20%
38%
2%
20%
100%
$150,000
$150,000
$285,000
$ 15,000
$150,000
$750,000
·
4.3 Basis and Amount of Compensation for Reimbursable Expenses
Reimbursable expenses include reasonable travel expenses and expenses related to
work provided for the CITY's use or review, ie: document reproduction, deliveries, and
all governmental fees. Reimbursable expenses shall be invoiced at the rate of 1.10
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North Richland Hills Library Professional Services Agreement
e times the cost to the ARCHITECT. Reimbursable expenses are estimated at $15,000
for travel, and $15,000 for reproduction and deliveries.
4.4 Basis and Amount of Compensation for Additional Services
Additional Services or modifications to the project scope or professional services shall
be authorized in writing by the CITY and shall be computed at 1.10 times the amount
billed the ARCHITECT for existing or new consultants or expenses. Additional Services
performed by BRW ARCHITECTS shall be authorized in writing by the CITY and
compensated at the hourly rates listed below.
BRW Architects Hourly Rates
· Principal
· Project Manager
· Project Architect
· Staff Architect
· Technical
· Clerical
$170.00 per hour
$135.00 per hour
$110.00 per hour
$ 90.00 per hour
$ 75.00 per hour
$ 60.00 per hour
4.5 Partial Payments for Services
e Partial fee payments may be applied for at monthly intervals, based upon statements
which reflect the percentage of work completed for the various items listed under Scope
of Services, Reimbursable Expenses and Additional Services. These statements shall
be prepared by the ARCHITECT and submitted to the CITY.
4.6 Delay
If ARCHITECT'S design services or service during construction of the PROJECT are
delayed or suspended in whole or in part by the CITY for more than one year for
reasons beyond ARCHITECT'S control the various rates of compensation, including
Additional Services, provided for elsewhere in this CONTRACT shall be subject to
equitable adjustment.
If the PROJECT is delayed or suspended due to the CITY or the CONTRACTOR for
reasons beyond ARCHITECT'S control, the ARCHITECT'S fees shall be equitably
adjusted for time spent following the original date of substantial completion providing
construction administration services on an hourly rate basis, provided for elsewhere in
this CONTRACT.
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North Richland Hills Library Professional Services Agreement
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5. TERMINATION, SUSPENSIONS OR ABANDONMENT
5.1 Termination
The CITY or the ARCHITECT may terminate this CONTRACT for reasons identified
elsewhere in this CONTRACT. In the event such termination becomes necessary, the
party effecting termination shall so notify the other party, and termination will become
effective thirty (30) calendar days after receipt of the termination notice. Irrespective of
which party shall effect termination or the cause therefore, the CITY shall within thirty
(30) calendar days of termination remunerate ARCHITECT for services rendered and
costs incurred, in accordance with the ARCHITECT'S prevailing fee schedule and
expense reimbursement policy. Services shall include those rendered up to the time of
termination. All plans, field survey, and other data related to the PROJECT shall
become the property Öf CITY upon termination of the CONTRACT and shall be promptly
delivered to the CITY in a reasonably organized form. Should CITY subsequently
contract with a new ARCHITECT for continuation of services on the PROJECT,
ARCHITECT shall cQoperate in providing information. No amount shall be due for lost
or anticipated profits. .
5.2 Suspension
e If the Project is suspended by the CITY for more than 30 consecutive days, the
ARCHITECT shall be compensated for services performed prior to notice of such
suspension. When the Project is resumed, the ARCHITECT'S compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and resumption of
the ARCHITECT'S services.
5.3 Abandonment
This CONTRACT may be terminated by the City upon not less than seven (7) days
written notice to the ARCHITECT in the event that the Project is permanently
abandoned. If the Project is abandoned by the CITY for more than ninety (90)
consecutive days, the ARCHITECT or the CITY may terminate this CONTRACT by
giving written notice.
5.4 Failure to Pay
Failure of the CITY to make payments to the ARCHITECT in accordance with this
CONTRACT shall be considered substantial nonperformance and cause for termination.
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e If the CITY fails to make payment to ARCHITECT within thirty (30) days of a statement
for services properly performed, the ARCHITECT may, upon fourteen (14) days written
notice to the CITY, suspend performance of services under this CONTRACT. Unless
ARCHITECT receives payment in full within fourteen calendar (14) days of the date of
the notice, the suspension shall take effect without further notice. In the event of a
suspension of services under this section, the ARCHITECT shall have no liability to the
CITY for delay or damage caused the CITY because of such suspension of services.
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6. GENERAL CONSIDERATIONS
6.1 Professional Standards
Services performed by the ARCHITECT under this CONTRACT will be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing in the same locality under similar conditions. The
ARCHITECT shall comply with the applicable laws and rules of the current "Texas
ARCHITECTURAL Practice Act". The CITY'S approval, acceptance, use of or payment
for all or any part of the ARCHITECT'S services herein under or of the project itself shall
in no way alter the ARCHITECT'S obligations or the CITY'S rights thereunder.
6.2 Progress and Performance
The provisions of this CONTRACT and the compensation to ARCHITECT have been
agreed to in anticipation of continuous and orderly progress through the completion of
the ARCHITECT'S services. Time for performance shall be extended to the extent
necessary for suspensions of work due to circumstances over which the ARCHITECT
has no control. If the ARCHITECT'S services are suspended or delayed by the CITY
the times of performance shall be extended to the extent of such delay or suspension.
A delay or suspension shall not terminate this CONTRACT unless ARCHITECT elects
to terminate in accordance with the provisions of Section 5 of this CONTRACT. If a
delay or suspension extends for a period of greater than one year for reasons beyond
the control of the ARCHITECT, the fees and rates of compensation set forth in Section
4 shall be subject to re-negotiating.
6.3 City Control
It is understood and agreed that the CITY shall have complete control of the services to
be rendered, and that no work shall be done under this CONTRACT until the
ARCHITECT is instructed to proceed with the work.
6.4 Independent Agent
ARCHITECT and CITY agreed that ARCHITECT and any officer, employee or agent of
ARCHITECT, in the performance of this CONTRACT shall act in an independent
capacity and not as an officer, agent or employee of the CITY.
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North Richland Hills Library Professional Services Agreement
e 6.5 Compliance with Laws
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ARCHITECT shall comply with all Federal, State, and local laws and ordinances in the
execution of all work in connection with this PROJECT.
6.6 No Additional Work Without Authorization
Any provision in the CONTRACT notwithstanding, it is specifically understood and
agreed that the ARCHITECT shall not authorize or undertake any work pursuant to this
CONTRACT, which would require the payment of any fee, expense or reimbursement in
addition to the fee stipulated in Article 4 of this CONTRACT, without having first
obtained specific written authority therefor from the CITY.
6.7 Assignment
This CONTRACT shall not be assigned in whole or part without the written consent of
the CITY.
6.8 Indemnification
ARCHITECT, its officers, agents and employees agree to indemnify, hold harmless, and
defend the CITY, at ARCHITECT'S cost, its officers, agents, and employees from and
against any and all claims or suits for injuries, damages, loss, or liability of whatever
kind of character, arising out of or in connection with the performance by the
ARCHITECT of those services contemplated by the CONTRACT, based upon negligent
acts or omissions of ARCHITECT, its officers, agents, employees, consultants and
subcontractors, whether or not caused solely by the ARCHITECT, its officers, agents,
employees, consultants or subcontractors or jointly with any other party.
ARCHITECT agrees that he is solely responsible for the safety of himself and his
employees in the performance of this CONTRACT and agrees to indemnify and hold
harmless CITY, its officers and agents from and against any liability arising from the
personal injury or death of the ARCHITECT or the employees of the ARCHITECT
arising out of or in connection with this CONTRACT.
6.9 Insurance
ARCHITECT shall secure and maintain insurance that will protect him from claims
under the Worker's Compensation Act (statutory amounts).
ARCHITECT shall secure and maintain Commercial General Liability Insurance that will
protect him from claims for bodily injury, death or property damage which may arise
from the performance of his services under this CONTRACT, written on an
occurrence basis, in the following amounts:
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North Richland Hills Library Professional Services Agreement
e ARCHITECT shall provide insurance in an amount not less than $1,000,000 per
occurrence and $2,000,000 annual aggregate for bodily injury or death and
property damage. ARCHITECT shall maintain Comprehensive Automobile
Liability Insurance covering all owned, non-owned, and hired vehicles with
combined single limit coverage of $1,000,000 for bodily injury, death. or property
damage.
ARCHITECT shall maintain, at no expense to CITY, a professional liability (errors
and omissions) insurance policy placed with a company rated at least A-Nil by
Best's Key Rating Guide, authorized to do business in Texas. This coverage
must be maintained for at least two (2) years after the PROJECT is completed.
Coverage must be written on an occurrence basis. However, at its sole
discretion, the CITY may accept coverage written on a claims-made basis if the
policy provides for a retroactive date equivalent to the inception date of the
CONTRACT or earlier, maintained during the full term of the CONTRACT. The
minimum limits of coverage shall be not less than one million dollars
($1,000,000).
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All policies, except Worker's Compensation and Professional liability, shall name the
CITY as additional insured. All policies shall contain a waiver of subrogation in favor of
the City and shall require the giving of written notice to CITY at least thirty (30) days
prior to cancellation, non-renewal or material modification of any policies, evidenced by
return receipt of United States Certified Mail. ARCHITECT shall furnish CITY with
copies of said policies or certificates evidencing such coverage.
6.10 Property
All documents, including drawings, field notes, surveys, tracings, calculations, computer
input and output, digital or computer files, etc., prepared by the ARCHITECT pursuant
to this contract shall become the property of the CITY. The ARCHITECT may retain
copies of all documents. Any reuse of the documents shall conform to The Texas
ARCHITECTURAL Practice Act.
6.11 Governing Law
This CONTRACT has been made under and shall be governed by the laws of the State
of Texas. The parties agree that the performance and all matters related thereto shall
be in Dallas County, Texas.
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7. DOCUMENT EXECUTION
IN WITNESS WHEREOF, the parties have executed this CONTRACT the14th day of
June, 2005.
CITY OF NORTH RICHLAND HILLS
By:
Larry J. Cunningham, City Manager
Attest:
Patricia Hutson, City Secretary
Approved as to Form:
By:
George Staples, City Attorney
BROWN REYNOLDS WATFORD ARCHITECTS
By:
Craig Reynolds, AlA, Principal
Attest:
Secretary of the (Architect's) Corporation
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North Richland Hills Library Professional Services Agreement
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 7/14/03
Subject: Consideration of Amendinq Council Rules of Procedure Agenda Number: GN 2005-059
Relating to Citizens' Presentations, Addressing Inaccurate Statements and Public
Statements - Resolution No. 2005-047
At the May 23,2005 Pre-Council meeting, the Council discussed several possible
amendments to the Council Rules of Procedure. One of them was moving the citizens'
presentation to the end of the Council meeting. Currently, the citizens' presentation is at
the beginning of the regular meeting, and Council discussed benefits to have the citizens'
presentation at the end of the agenda to be heard after the announcements and
information. Council expressed concerns that statements were being made that needed
responses immediately and felt they had their hands tied by not being able to respond
immediately, especially when inaccurate information was being communicated in the
community. It was Council consensus to put a rule change for consideration that would
move the citizens' presentation to the end of the agenda, limit of three minutes per person
with a cumulative total of thirty (30) minutes for all speakers. Currently, Council Rules of
Procedure state that citizens' presentations shall be limited to two minutes each with a
cumulative total not to exceed twenty (20) minutes for all speakers. City Attorney George
Staples stated that Council cannot respond to citizen inquires but city staff can respond to
factual issues raised. In follow up to Council's concerns with items addressed to council, it
was consensus that staff will briefly respond to citizen presentations as needed. If further
clarification is needed to citizen comment/presentation, staff will replay comments and
provide an in-depth response at the following council meeting. (Attached draft ordinance,
Section 3. amends Section 2-67(e)(8) of the Code of Ordinances incorporatinq these
proposed chanQes.)
Council also discussed the need to address inaccurate statements made by any member
of the Council in any venue about council, staff or management. Council consensus was
that the individual who made the inaccurate statement would be approached privately by a
council member and that the individual who made the statement would be requested to
retract it or correct it within the same venue in which it was published or said. Should the
individual fail to respond, then the Council could admonish the individual at a public
meeting and vote publicly that the individual had done something inappropriate by making
inaccurate statements or comments. (Attached draft ordinance. Section 1. amends
Section 2-33 bv addinq a new proposed section to the Code of Ordinances.)
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds AvallaDle
Department Head Signature
Finance Director
P",nQ 1 nf ')
CITY OF
NORTH RICHLAND HILLS
The Council further discussed the need of a written policy to be included in the Council
Rules of Procedure regarding statements to news media or other public statements
regarding lawsuits and litigation. It was the feeling of Council that statements concerning
legal settlements or appeals should not be made by a member of the Council when the
City is involved in a lawsuit so as not to jeopardize the City's legal or financial position.
Legal or matters involving litigation should be communicated through the City Attorney or
City Mayor. (Attached draft ordinance. Section 2. amends Section 2-34 of the Code of
Ordinances by addina a new proposed section to the Code of Ordinances..)
Lastly, the Council agreed with City Attorney to incorporate a section to coincide with the
statement read by the Mayor just prior to citizens' presentation regarding personal attacks
on Council and staff. (Attached draft ordinance, Section 4, amends Section 2-67(e)(10) by
addina a new proposed section to the Code of Ordinances.)
Rather than moving the citizens' presentation section to the end of the agenda meeting,
the Mayor suggested to the City Manager another option which is identified in the agenda
packet as Alternate A. This alternate would be to leave the citizen presentations at the
beginning of the Council meeting, but to add further clarifying statements and follow-up
procedures. As previously stated, the Council cannot deliberate or vote on a matter raised
in citizens' presentation, however, the city staff can correct inaccurate information or clarify
information if they have it readily available. This provision can be added to the end of this
Section 67(e)(8) to explain how information can be conveyed. This will permit staff to
respond to any inaccurate comment(s) or clarify any question(s) readily known at the
citizens' presentation. In the event information sought requires more research or analysis,
then such information can be provided at a future meeting if it is determined to be of
general interest versus that of a private or individual concern or matter. In some instances,
this may necessitate a replay of the citizen's appearance of a previous citizens'
presentation at a future meeting to fully review the original citizen comments and to
provide a complete follow-up report by staff. Such replays would be on an as-needed and
case-by-case basis. If a specific problem is presented at a citizens' presentation, the
Mayor may ask staff to meet with citizen(s) immediately. (Alternate A. which is attached.
outlines the wordina for this rule chanae should it be preferred.)
In addition, under the Alternate A scenario, the Mayor would discontinue reading the
procedures before opening the citizens' presentation. Instead it is suggested that the
public meeting appearance card be modified to outline the general rules of conduct, and
for those wishing to speak to acknowledge that they understand the Rules of Procedure.
This could likely improve the process as well.
In order to make the changes requested by Council at the last meeting, it will be necessary
to amend the Rules of Procedure as well as revise our Request to Speak form.
According to the Rules of Procedure, before the Council can take formal action to approve
an ordinance amending the Rules, any amendments must first be introduced into record at
a previous Council meeting. Resolution No. 2005-047 introduces into record the Council's
desire to amend the Council Rules of Procedure. An ordinance will then be placed on the
June 27 Council Agenda for Council to take official action.
RECOMMENDATION: To consider Resolution No. 2005-047 entering into record Council's
desire to amend the Council Rules of Procedure.
CITY COUNCIL ACTION ITEM
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RESOLUTION NO. 2005-047
BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
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Ordinance No. 2836 has been received by the City Council and it is
ordered that it be placed on the next regular agenda for consideration and/or
approval.
PASSED AND APPROVED this 13th day of June 2005.
APPROVED:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
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ORDINANCE NO. 2836
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AN ORDINANCE AMENDING CHAPTER 2 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES; MOVING CITIZEN
COMMENTS TO THE END OF AGENDAS AND INCREASING
THE TIME ALLOWED THEREFOR, PROVIDING FOR
IMMEDIATE RESPONSES TO COMMENTS WITH ANY
ADDITIONAL RESPONSE TO BE PROVIDED IN LATER
MEETINGS; PROHIBITING PERSONAL ATTACKS ON STAFF
AND COUNCIL; REQUIRING RETRACTIONS OF INACCURATE
STATEMENTS ABOUT CITY BY COUNCIL AND MAYOR
UNDER PENALTY OF CENSURE.
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WHEREAS, the City Council desires to return the citizen comment portion of city
council mèetings to their intended purpose as opposed to recent attempts to obtain
television coverage for thinly disguised political attacks on council and staff; and
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WHEREAS, the City Council deems it necessary to provide for corrections of
misstatements offact about the City, the city council and city staffby members of the city
council; and
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WHEREAS, the city council desires to discourage incivility and prohibit personal
attacks in city council meetings; NOW THEREFORE;
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Section 1:
THAT Chapter 2 of the North Richland Hills Code of Ordinance be
amended by adding a new Section 2-33 which shall read as follows:
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"Section 2-33 Inaccurate Statements by Mayor or Council:
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If the Mayor or any Council member makes any inaccurate public
statement either in writing or verbally about the City, the City Council, the
City Manager, any Council member or the Mayor, City department or City
employee or employees, the person making such statement shall be
requested to retract or correct such statement. If such statement is not
retracted or corrected in the same forum or type of forum as it was made,
an item shall be placed on a City Council agenda for consideration of a
vote to censure the person making such inaccurate statement."
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Section 2:
THAT Chapter 2 of the North Richland Hills Code of Ordinances be
amended by adding a new Section 2-34 which shall read as follows:
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"Section 2-34 Statements by Public Officials Regarding Lawsuits and
Litigation:
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When the City of North Richland Hills is involved in litigation or other
legal dispute, Council members shall refrain from commenting on
settlements, appeals, or other issues related to the subject until the matter
is resolved. The Mayor or City Attorney shall be authorized to provide
any public responses or comments, as needed on matters involving
litigation. "
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Section 3:
THAT Section 2-67( e )(8) of the North Richland Hills Code of Ordinances
be amended to read as follows:
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"( e )(8) The citizens' comments portion of the city council meeting is set
aside at the end of such meetings for members of the public to address the
city council on any matter within the subject matter jurisdiction ofthe City
Council which is not fonnally scheduled on the agenda or another City
Board or Commission. Because the Council cannot lawfully discuss or act
on matters brought up during citizen comments, such comments which
seek to criticize the City Council or City Staff shall not be permitted.
Members of the public should complete a public meeting appearance card
prior to the item being heard and present it to the city secretary. Prior to
opening the meeting to such comments, the mayor shall state generally the
restrictions on such comments as contained in these rules. Presentations
shall be limited to three minutes each. Citizens' comments shall be limited
to a cumulative total not to exceed 30 minutes for all speakers. No
response by the Mayor or Council is pennitted other than a brief factual
reply to a question or a determination to place the matter on a future
agenda. Staff, however, may be requested to respond immediately, at a
future date, or may be requested to meet with the citizen."
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Section 4:
THAT Section 2-67(e) of the North Richland Hills Code of Ordinances
be amended by adding a new subsection (10) which shall read as follows:
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"( e)(1 0) No member ofthe public shall be pennitted to conduct any verbal
personal attack on the Mayor, any member of the Council, City Staff, or
member of any City Board or Commission. Any such attack or attempted
attack may be challenged with a point of order or the Mayor may interrupt
an offending speaker to enforce this rule."
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AND IT IS SO ORDAINED.
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Passed on this 13th day of June, 2005.
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Oscar Trevino, Mayor
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ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, Attorney
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Alternate A (Code or Ordinances Section 2-67[e][8])
(8) The citizens' comments portion of the city council meeting is set aside for
members of the public to address the city council on any item of.business that is
not formally scheduled on the agenda or scheduled as a public hearing.
Members of the public should complete a public meeting appearance card prior
to the item being heard and present it to the city secretary. Prior to oponing tho
meeting to guch commentg, tho mayor ghall gtate gÐnor~lIy the regtrictions on
such commentg Jg contained in thoso rulog. Such Public Appearance Cards will
state the rules for citizens' presentation and acknowledaement of citizen advisina
they understand and will adhere to the rules reaardinq speakina durinq citizens'
presentation. Citizens' comments are generally permitted at the beginning of the
regular city council meeting, after ceremonial items, as specified on the agenda.
Presentation shall be limited to two minutes each. Citizens' comments shall be
limited to a cumulative total not to exceed 20 minutes for all speakers. If such
comments exceed such limit the council may extend such time or hear them after
other business has been completed. Presentations under citizefls' comments
are limited to items within the subject matter of the jurisdiction of the city. Citizen
comments concerning matters which are scheduled for consideration by the
councilor another city board or commission at a later date will not be allowed. In
compliance with the Texas Open Meetings Act, V.T.C.A., Government Code
§551.001 et seq., the city council may not deliberate or vote on any matter raised
in citizens' comments, except for the purpose of determining whether such matter
should be placed on a future city council agenda. The mayor, however, may
request the city manager to provide additional information on a matter of general
interest to the full city council, the public at large and to the citizen making the
comment. If a factual question is asked and a staff member has ready
knowledae of this. the staff member will be requested to provide immediate
response at the Council meetina. If an inaccurate statement is made and a staff
member is aware of this. the staff member is requested to respond immediately
at the Council meetina. If the citizen inquiry is one that is either quite involved.
lenathy. requires research. but is one of aeneral interest to the aeneral populous.
a follow-up response to the citizen presentation can be made at a future Council
meetina: it mav also be desirable to replay the oriqinal telecast of the citizen's
inquiry. If the citizen inquiry is of a private matter or individual nature. an
individual follow-up may be the approach taken rather than the above.
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Announcements and Information
June 13, 2005
Announcements
The North Richland Hills Police Department is taking applications for the
next session of the Citizens Police Academy. Participants will learn about
patrol procedures, dispatch, crime scene search and other police
operations. For more information contact Officer Bauman at 817-427-7021.
Me and My Monkey will be playing Beatles favorites at The Lotta Night
Music Concert Series on Friday, June 17. This free concert begins at 7pm
at Green Valley Park. Admission is free. For more information, please call
817-427-6614.
NRH20 is offering a Father's Day Special on Sunday, June 19. The first
100 Dads will get in free. For more information about NRH20 special
events, please call 817-427-6500.
The City will host a Loop 820 Corridor Study public meeting and public
hearing on Thursday, June 23, at Richland Hills Church of Christ. All
interested residents are invited to attend. We will begin with an open house
from 5:30 to 6:30 p.m., followed by an informational presentation from 6:30
to 7 p.m. The City Council will then convene a public hearing and accept
public input from 7 to 9 p.m. For more information, please call 817-427-
6090.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great
things they do.
Comments were received from Bob Hamilton regarding the excellent
service provided by the NRH Fire Department. Mr. Hamilton said the
department responded quickly when his neighbor's home was struck by
lightening and he was very impressed with how the firefighters handled the
situation.
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