HomeMy WebLinkAboutCC 1988-09-20 Agendas
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
SEPTEMBER 20, 1988
For the Meeting conducted at the North Richland Hills City Hall Council Chambers,
7301 Northeast Loop 820, at 6:30 p.m. The below listed items are placed on the Agenda
for discussion and/or action.
NUMBER ITEM ACTION TAKEN
1. Ca 11 to Order
2. Roll Call
* 3. Adjourn to Executive Session
a. Personne 1
b. Briefing on Pending Litigation
c. Review of Progress on Land Acquisition
4. PU 88-50 Approval of Contract for
Acquisition of Land from Richmond
Bay Development - Resolution No.
88-33
5. GN 88-79 Approval of Ordinance Changing
the Effective Date of Ordinance
No. 1543 from October 1, 1988 to
December 1, 1988 - Ordinance No.
1566
6. GN 88-80 Approval of Management Contract
with Recreational Services
Limited - Resolution No. 88-35
7. GN 88-81 Approval of Construction
Supervision Contract with
Recreat"ional Services Limited -
Resolution No. 88-36
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Page 2
NUMBER
ITEM
ACTION TAKEN
8. 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.
The above Agenda is posted as an emergency meeting
due to lack of a quorum for a meeting called for
September 19, 1988.
Posted 9/19/88 - 3:00 p.m.
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CITY OF
NORTH RICHLAND HILLS
Department:
Postponed 9/12/88
Economi c Deve 1 opment Council Meeting Date. 9/20/88
Approval of Contract for AcqUlsltlon at Land From .
Richmond Bay Development - Resolution No. 88-33 Agenda Number: PU 88-50
SUbject:
Attached is the proposed contract providing for Richmond Bay to convey the property it
owns to the City and to assign certain leases, all in connection with the construction of
the proposed golf course.
Recommendation:
Approve Resolution No. 88-33 authorizing the Mayor to execute subject contract.
Finance Review
Acct. Number
Sufficient Funds Available
Source of Funds:
Bonds (G~l v.)
Operatin d t
Other
.
-R fl ~.
ad Signature I - " City Manager
CITY COUNCIL ACTION ITEM
. Finance Director
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RESOLUTION NO. 88-33
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached
contract with Richmond Bay Development, Inc. as the act and deed of the
City.
PASSED AND APPROVED this 19th day of September, 1988.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND lEGALITY:
Attorney for the City
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CERTAIN PROVISIONS OF SECTION~) OF TillS AGREEMENT ARE
SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT
AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered by and between
RICHMOND BAY DEVELOP.MENT, INC., a Texas corporation (hereinafter called
"Seller") and THE CITY OF NORTH RICHLAND IDLLS, a Texas municipal corporation
(hereinafter called "Buyer").
RECITALS:
A. Seller is the owner and developer of the Meadowlakeso subdivision (the
"Development") with its office at 6533 Meadowlakes Drive, Fort Worth, Texas 76118,
which is platted and zoned so that it might include an eighteen (18) hole golf course
and amenities associated therewith.
B. Seller desires to sell and Buyer desires to acquire and develop the golf
course portion of the subdivision, and operate a daily-fee, public golf course thereon.
NOW THEREFORE, in consideration of the recitals hereinabove described, the
mutual benefits to inure to the parties hereto and TEN AND NO/I00 DOLLARS ($10.00),
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and confessed, the parties hereto do hereby agree as follows:
ARTICLE I
SALE OF THE PROPERTY
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1.1. Sale and Delivery of the Property. A t the Closing (hereinafter defined),
the Seller shall sell, assign, transfer and deliver unto the Buyer the fee simple title to
the real estate (the "Real Property") described as Tracts 1, 2 and 3 on Exhibit "A",
which is attached hereto and made a part hereof, and Seller's leasehold interests in and
to the real estate (the "Leasehold Property") described as Tracts 7, 9 and lIon
Exhibit "A" hereto, together with all rights-of-way and easements appurtenant to such
fee property and leasehold interests. The Real Property and Leasehold Property shall
be sometimes hereinafter collectively referred to as the "Property". Notwithstanding
anything else contained herein to the contrary, (a) Seller's conveyance of the Property
shall not include Seller's interest in and to any oil, gas or other minerals, it being
expressly agreed that Seller's title in and to such minerals shall be reserved in the
conveyance documents to be executed by Seller at the Closing, and (b) Seller's
conveyance of that portion of the Leasehold Property which is currently under lease
·from Buyer and described on Exhibit ~ hereto may, at Seller's option, be accomplished
by termmatlOn of lease agreement. Despite Seller's reservation of title in and to any
oil, gas, or other minerals, Seller hereby acknowledges and agrees that such reservation
shall not entitle Seller to extract such oil, gas or other minerals in such a manner as to
damage or otherwise injure the subsurface support for the Golf Course (hereinafter
defined) nor conduct surface excavation on the Property. The foregoing prohibition
shall only be effective as against Seller and any party acquiring title after the date
hereof by or through Seller. The Special Warranty Deeè shall contain provisions
effectuating the aforesaid limitations and reservations.
1.2. Consideration for Conveyance. The consideration for Seller's conveyance
. of the Property as aforesaid shall be the sum of TEN AND NO/IOO DOLLARS ($10.00)
paid in cash at Closing, together wi th Buyer's Covenan ts (herein so called and as
hereinafter set forth below and as set forth in Paragraph 3.3 hereof) to:
. (a) construct a golf course (the "Golf Course") on the Property
subject to plans and specifications (the "Plansn) which have been
submitted to and approved by Seller, it being agreed by Buyer at the time
of Buyer's execution of this Agreement that the Plans will contemplate a
Golf Course consisting of eighteen (18) holes, a permanent subsurface
watering system for all tees, fairways and greens and ancillary facilities,
and that, except to the extent agreed by Seller to the contrary, the Golf
Course shall be consistent with the Routing Plan described in Section 1.4
AGREE~fENT - Pae-e 1
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hereof. In addition, but subject to Section 1.4 hereof, it will contain a
club house, a storage facility, a driving range, practice putting green and
hard-surf aced parking area. It is further agreed tha t Seller's righ t to
object to the Plans is expressly limited to those items called for in the
Plans which affect, either directly or indirectly, Seller in its capacity as
an adjoining property owner, which capacity shall expressly include
Seller's ability to market and sell property out of its Development as it
sees fit.
(b) commence construction of the Golf Course in accordance
with the Plans on or before February 1, 1989 and to then substantially
complete the construction in accordance therewith on or before May 1,
1990, and to have the Golf Course fully complete and operational on or
before October 1, 1990; provided, however, such required commencement
date of February 1, 1989, as well as the aforestated completion and
opera tional dates, shall be extended by such number of days on which
construction was prevented due to acts of God, bad weather or other
events beyond Buyer's control, including Buyer's inability to obtain flood
permits from the Corp of Engineers despite it's best effort to do so. Buyer
agrees to give Seller prompt written notice within a reasonable period of
time after any such act's occurrence, such notice including the number of
days duration of such event. Notwithstanding the foregoing the
extensions granted hereunder shall not exceed a total of sixty (60) days
for flood permits nor shall the total extensions hereunder exceed a period
of one hundred eighty (180) days.
(c) own, maintain and operate a non-private Golf Course and
related facilities, in accordance with the provisions of this Agreement.
Buyer's obligation under this subsection (c) shall extend until the earlier of
(i) the expiration of five (5) years from the date the golf course opens for
public play or (ii) the date all of the Lots are sOld-out by Seller. For
purposes of this Agreement, the term "Lots" shall be defined as any
property owned by Seller in the Development which has been designated
by Seller for use as single-family home sites.
All of the Buyer's Covenants shall expressly survive the Closing. The Special Warranty
Deed (herein so called) shall contain a deed restriction acceptable to Seller restricting
the use of the Property to use as a non-private Golf Course, and the Assignment of
Leasehold Interests (herein so called) shall likewise be subject to the acceptance and
agreement of Buyer to utilize the Property covered thereby only for the purposes of
operating a non-private Golf Course (herein referred to as the "Restrictions"). The
Special Warranty Deed and Assignment of Leasehold Interests shall each further
contain a reverter in favor of Seller, worded in a manner acceptable to Seller, and
being effectuated by a breach in any of Buyer's Covenants. As to that portion of the
Leasehold Property, the fee interest of which is owned by Buyer, Buyer shall enter in to
restrictive covenants for the benefit of Seller and containing identical provisions as the
Restrictions as well as a reverter identical to that described in the Special Warranty
Deed and Assignment of Leasehold Interests. Buyer's Covenants shall further be the
subject of a Performance Deed of Trust (herein so called) covering and encumbering the
Property and the State Savings Tract (hereinafter defined).
1.3. Seller's Payment to Buyer. In addition to conveying the Property to
Buyer, Seller shall have a conditional obligatior:. to pay to Buyer the sum of EIGHT-NINE
THOUSAND AND NO/100 DOLLARS ($89,000.0:) in accordance with the fallowing:
(a) in the event the Buyer acquires title to the real estate
described in Exhibit ''Bit attached hereto 'and made a part hereof for all
purposes by this reference (hereinafter the "State Savings Tract") for a
purchase price in the amount of, or In excess of $89,000.00, Seller will
deliver to Buyer, at the latter of Closing hereunder or the closing of the
transaction acquiring the State Savings Tract, the sum of $89,000.00;
(b) in the event Buyer acquires the State Savings Tract for a
purchase price of less than $89,000.00, Seller shall reimburse to Buyer
immediately after the latter of the Closing hereunder or the closing of the
State Savings Tract acquisition by Buyer an amount equal to the purchase
price paid by Buyer in said acquisition of the State Savings Tract. Seller
shall pay Buyer the remainder of such $89,000.00 sum upon the opening of
the Golf Course to the public;
AGREEy!E\1T - Pa2'e 2
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(c) in the event Buyer acquires the State Savings Tract without
having to expend any monetary amounts, Seller shall pay to Buyer the sum
of $89,000.00 at the time the Golf Course is opened to the public; and
(d) in the event Buyer either (i) does not acquire the State
Savings Tract on or before the commencement. of construction of the Golf
Course, or (ii) acquires the State Savings Tract but does not incorporate
same into the Golf Course, then, in either such events, Seller shall not be
required to fund the $89,000.00 sum described in this paragraph to Buyer.
(e) in the event Buyer acquires the State Savings Tract and
Seller makes any payment contemplated by this paragraph 1.3 and
thereafter the Golf Course is not timely completed and opened as
contemplated by this Agreement, Buyer shall reimburse to Seller all sums
paid pursuant to this paragraph 1.3.
Should any of the events described in items (a), (b) or (c) immediately above occur, then
the State Savings Tract shall be considered a part of the "Property" for all reasons
pursuant to this Contract. Without limiting the foregoing, the State Savings Tract shall
be sUbject· to the Restrictions and the Performance Deed of Trust as described in
Section 1.2 hereof. Seller acknowledges that in Buyer's acquisition of the State Savings
Tract, Buyer may be required to encumber such State Savings Tract with a reverter or
performance deed of trust in favor of the current owner of the State Savings Tract.
With respect to any such reverter or performance deed of trust, Buyer agrees that (i) no
occurrence prior to the expiration of five (5) years would constitute a default pursuant
to such reverter or performance deed of trust, (ii) all descriptions of the Golf Course in
any such documents shall be consistent with those utilized in this Agreement, and (ili)
there shall be no obligation that the Golf Course be constructed or owned by Buyer
(rather than another entity) and no obligation that the Golf Course be a "municipal"
course. Seller agrees to subordinate its Performance Deed of Trust as to the State
Savings Tract to the aforesaid reverter and/or performance deed of trust.
1.4. Routing Plan. The parties further agree that there has been prepared a
preliminary Routing Plan, a copy of which is attached hereto as Exhibit "C" and made a
part hereof for all purposes. Buyer will prepare a detailed Routing Plan in consultation
with Seller and the Golf Course shall be developed consistent with such Routing Plan.
While Seller shall be provided with a copy of the Routing Plan, Seller's consent as to
such Routing Plan shall only be required with respect to the routing over that portion
of the Property indicated on the cross-hatched portion of the diagram attached hereto
as Exhibit "C".
1.5. Cœts Borne by Buyer. All costs associated with the construction and
opera tion of the Golf Course shall be borne entirely by Buyer. It is specifically agreed
that all utility connections and expense to the Golf Course premises shall be at Buyer's
sole expense. Water may be obtained from the lake in the subdivision, but only in
·accordance with the regulations set by the appropriate governing body. Buyer will
obtain, at its sole cost, risk and expense, building permits from the appropriate
authority or authorities for the construction of the proposed improvements.
1.6. Maximization of Lots. Buyer agrees to reasonably cooperate with Seller
in any request for adjustments in the precise boundary descriptions of the Property so
as to allow Seller to maximize the number of Lots available in the Development.
Should any such adjustment occur prior to the aosing, then the description of the
Property, as so adjusted, shall be attached hereto œ Exhibit "A" in replacement of the
current Exhibit "A". Notwithstanding the foregoing, under no circumstances shall
. Buyer be required to adjust the description of the Property whatsoever if Buyer
reasonably considers such adjustment as having a material negative impact on the Golf
Course.
ARTICLE ß
CLOSING
2.1. Time of Closing. The closing (the "Closing") of the conveyance of the
Real Property and the Leasehold Property shall be on October lr~' 1988. Closing shall'
be at ten o'clock (10:00) a.m. at the office of Buyer's attorney or at any other location
mutually agreeable to Seller and Buyer.
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AGREEMENT - Pa2'e 3
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2.2. Seller's Closing Requirements. A t the Closing, Seller shall deliver or
cause to be delivered to Buyer, at Sellerrs sole cost and expense, each of the following
i terns:
(a) A Special Warranty Deed duly executed and acknowledged by
Seller, and in form for recording, conveying good, indefeasible fee simple
title in the Real Property to Buyer, subject only to matters of record in
Tarrant County Texas and the Restrictions;
(b) The Assignment of Leasehold Interests covering the Lease-
hold Property (other than that described on Exhibit "B" hereto), which
Assignment of Leasehold Interests (i) shall entitle Buyer to utilize the
Leasehold Property for purposes of a non-private golf course as set forth
in the Restrictions and the underlying lease agreements, and (ii) shall
termina te upon Seller's again becoming owner of the Leasehold Property
or any part thereof due to either the reverter in the ~pecial Warranty
Deed or foreclosure of the lien of the Performance Deed of Trust. The
Assignment of Leasehold Interests shall require Buyer to assume payment
of the rentals of any lease agreements covered thereby, to pay all taxes
with respect to the Leasehold Property, and to fully comply with all
covenants, obligations and duties of Seller under the lease agreements
covered by the Assignment of Leasehold Interests;
(c) Such evidence or documents as may be reasonably required
by the Buyer evidencing the status and capacity of Seller and the
authority of the person or persons who are executing the various
documents on behalf of the Seller in connection with the sale of the Real
Property and the Assignment of the Leasehold Interests; and
(d) An assignment to Buyer of an agreement (the "Loop 820
Agreement") by and between Seller and the State Department of Highways
and Public Transportation of the State of Texas, the City of North
Richland Hills, Tarrant County, Texas, and the City of Haltom City,
Tarrant County, Texas, permitting ingress and egress from that portion of
the Property located south of Interstate Loop 820 and that portion of the
Property located North of Interstate Loop 820 through certain ten foot by
ten foot (10' x 10') box culverts crossing under Interstate Loop 820.
(e) An executed termination of Lease Agreement terminating
Sellerrs leasehold interest in and to that portion of the Leasehold
Property, the fee interest of which is owned by Buyer.
2.3. Buyer's Closing Requirements. A t the Closing, Buyer shall deliver to
Seller the following items:
(a) The cash portion of the Purchase Price required by and in
the manner specified in Paragraph 1.2 hereof;
(b) A Performance Deed of Trust which shall cover the
Property (including, without limitation, those parcels of real property
described in subsection 2.2(e) hereinabove), the State Savings Tract (if
applicable and if so, subject to the provisions of paragraph 1.3 of this
Agreement) and any and all personal property and fixtures .ocated or to
be located on the Property including, but not limited to, all 5lch personal
property, equipment and fixtures constituting the Golf Course (such as
the then existing water and drainage systems and piping) and all
equipment used in conjunction with the operation or maintenance of the
Golf Course. In this regard the Performance Deed of Trust shall contain
ther~in an appropriate security agreement with appropriate granting of a
3€curity interest in such personal property and fixtures. The Performance
Deed of Trust shall be expressly subordinate in lien position only to such
lien(s) as may secure financing for the direct construction costs for the
Golf Course. Seller shall have an opportunity to review and approve any
and all documentation relative to any such prior lien(s). Once Seller has
approved such lien documentation and the applicable construction
contract, Seller's approval shall not be required as to each draw request
pursuant to such lien documentation and construction contract. The
Performance Deed of Trust shall only be effective as to a failure by Buyer
AGREEMENT - Pae-e 4
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to timely satisfy one or more of Buyer's Covenants on or before the
earlier of (i) the expiration of five (5) years from the date the golf course
opens for public play or (ii) the date all of the Lots are sold out by Seller.
Upon the completion and opening of the Golf Course Seller's right to
enforce its lien under the Performance Deed of Trust shall be subject to
the provisions of Article V herein.
(c) Appropriate UCC-I's;
(d) The Right of First Refusal Agreement (hereinafter defined);
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(e) Such evidence or documents as may reasonably required by
Seller evidencing the status and capacity of Buyer and the authority of
the person or persons who are executing the various documents on behalf
of the Buyer in connection with the acquisition of the Real Property and
Leasehold Interests and the encumbrance of the Prop~rty by the lien
described hereinabove.
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(f) Buyer shall deliver to Seller an easement as to that portion
of the Property identified on Exhibit "D" attached hereto and made a part
hereof for all purposes (the "Sign Property") for the purposes of ownership
and maintenance of the sign presently located on the Sign Property or
such new sign as may be erected on the Sign Property, together wi th an
easement over so much of the Property as is necessary to guaranty access,
ingress and egress to the Sign Property for the purposes herein enunciated
(all rights to be granted pursuant to the foregoing sentence being defined
herein as the "Existing Sign Easement"). The Existing Sign Easement shall
last until such time as the Lots are completely sold out (i.e. until Seller
and any other builder constructing houses in the subdivision have sold all
of their interest in and to all of the lots located within the Meadowlakes
subdi vision).
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Furthermore, Buyer shall also deliver to Seller all additional
easements as Seller, in its sole reasonable discretion, deems necessary in
conjunction with the placement of a sign on that portion of tracts 1
and/or 9 described on Exhibit "D" hereto, said additional easement also
lasting until the Lots are completely sold out.
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In conjunction with the above-mentioned easements, it is
hereby agreed and acknowledged that Seller, if it so desires, may, but shall
not be obliga ted, to advertise the Golf Course on ei ther or both of the
signs, as it sees fit, either singularly or in conjunction with any
advertisement of the Meadowlakes subdivision, and that both signs
contemplated hereby shall be kept in accordance with all applicable sign
codes at all times.
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In the event Buyer's development of the Golf Course and the
apurtenances thereto (e.g., rock waterfalls) conflicts with the location of
the aforesaid signs and/or easements, Seller agrees that it will relocate its
signs and easement rights to alternative locations on the Property which
are acceptable to Seller in its reasonable discretion.
(g) Seller will deliver to Buyer a Negative Pledge (hereinafter
. defined) of any and all payment and perf ormance bonds as more
particularly described in Section 3.9 of this Agreement.
2.4. Adjustments and Prorations. A t Closing, the following items shall be
adjusted or prnr~ ted bPtween Seller and Buyer:
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. (a) Ad valorem taxes for the Real Property and the Leasehold
.Property for the current calendar year shall be prorated to date of
Closing t and the Seller shall pay to the Buyer in cash at Closing t the
Seller's prorata portion of such taxes. The Seller's prorata portion of such
taxes shall be based upon taxes actually assessed for the current calendar
year. If, for any reason, ad valorem taxes for the current calendar year
have not been assessed on the Real Property and the Leasehold Property,
such proration shall be estimated based upon ad valorem taxes for the
immediately preceding calendar year, and adjusted when exact amounts
are available.
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(b) In the event any adjustment pursuant to this Paragraph 2.4
is, subsequent to Closing, found to be erroneous, then either party hereto
who is entitled to additional monies shall invoice the other party for such
additional amounts as may be owing, and such amount shall be paid within
ten (10) days from receipt of the invoice.
2.5. Closing Costs. Seller shall be responsible for all attorneys' fees incurred
bv Seller and Buyer shall be responsible for all attorneys' fees incurred by Buyer. Other
cÍosing costs shall be alloca ~ed to the party normally responsible for such costs as is
customary for real estate transactions in the Tarrant County, Texas area. Notwith-
standing the foregoing, nothing herein shall be construed as requiring Buyer to incur
any liability or responsibility for any title premiums which arise out of the issuance of
any Mortgagees Title Policy which names Seller as the insured party, nor shall Seller be
responsible for ti tIe premiums on any Owner's Title Policy issued for benefit of Buyer.
2.6. Pœsession. Possession of the Property shall be delivered to Buyer by
Seller at the Closing, subject only to such rights of others 'as have been expressly
disclosed herein or as are apparent from an examination of the Real Property Records
of Tarrant County, Texas.
ARTICLE m
REPRESENTATIONS AND WARRANTIES
3.1. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents
and warrants to Buyer, as of the date of this Agreement, as follows:
(a) The Real Property. The Seller has (or will have by Closing)
good and indefeasible title to the Real Property free and clear of all
encumbrances, and in fee simple, subject only to title exceptions
appearing of record and zoning and other governmental regulations of
appropria te governing bodies.
(b) The Leasehold Property. The Seller has (or will have by
Closing) good and indefeasible title to those certain leases covering the
Leasehold Property, free and clear of all encumbrances, subject to title
exceptions appearing of record and zoning and other governmental
regula tions of appropriate governing bodies.
(c) Agreement Authorized. The Seller has full right, power and
legal capacity to enter into this Agreement and to sell, assign and deliver
to Buyer the Property herein described.
(d) Organiza tion and Qualification. The Seller is duly organized,
validly existing and in good standing.
(e) Taxes. The Seller has paid or will pay by Closing, the 1988
and all prior ad valorem and other taxes· and assessments against the
Property herein described.
(f) Inchoate Claims. The Seller has no notice or knowledge of
any claim or controversy, relating either directly or indirectly, which
might result in a suit, action, proceeding or other formal procedure
against the Property, nor knowledge of any circumstances which might
give rise to such claim or controversy.
(g) Fences. Seller shall continue to utilize deed restrictions in
its Development requ;ring that any lence constructed on any Lot in the
Development which abuts ti:e Property shall conform to the fence
requirements found on Exhibit "E" attached hereto and incorporated
herein for all purposes. This covenant of Seller shall survive Closing for a
period expiring contemporaneously with the expiration of Buyer's
covenants in the following Section 3.2.
3.2. Representations, Warranties and Covenants of Buyer. Buyer represents,
warran ts and covenan ts to Seller as follows:
AGREEMENT - Pae:e 6
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(a) Agreement Authorized. Buyer has full right, power and legal
capacity to enter into this Agreement and to purchase the herein
described Property.
(b) Public Golf Course. Buyer will construct in substani tal
compliance with the time periods described in Section 1.2(b) hereof,
maintain and operate a public Golf Course on the Property. Buyer's
obligation hereunder shall be enforceable by the various remedies
specified herein as well as by any other remedy allowable at law or equity,
including Seller's right to require specific performance of Buyer. Buyer's
obligations with respect to the maintenance and operation of the Golf
Course shall be in accordance with those standards set forth on
Exhibit "F" attached hereto and incorporated herein for all purposes.
(c) Buyer's Covenants. The Buyer will at all times co.mply with
Buyer's Covenants .
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(d) Fences. Buyer will not fence all or any part of the
perimeter of the Real Property or the Leasehold Property or any part of
the Property which adjoins and abuts the Development, including, but not
limited to any fairway or other part of the Golf Course lying in proximity
to the Development without having obtained the prior written approval
thereof by Seller; except, Buyer may construct a chain link fence along
that part of the Real Property or Leasehold Property adjacent to
Interstate Highway 820 as required pursuant to the Loop 820 Agreement,
and Buyer may construct a wooden fence along that part of the Real
Property and Leasehold Property adjacent to any exterior street or road
other than Interstate 820, but only if such wooden fence is approved as to
design and structure by Seller, which approval shall not be unreasonably
wi thheld. Further, Seller agrees to file of record in the Real Property
Records of Tarrant County, Texas. such restrictions as are necessary to
preven t any fencing of real property bordering on the Golf Course unless
such fencing is approved by the then owner or ground lessee of the
Property constituting the Golf Course.
(e) No Insurance. Buyer shall not require Seller to maintain any
insurance coverage whatsoever on the Property or the Golf Course
including, but not limited to, any insurance which may be required by any
previous contractual requirements between Buyer and Seller.
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(f) Trees. It is recognized and understood that as a part of
Buyer's development of the Golf Course, Buyer shall have to bulldoze or
otherwise remove various trees and shrubs from the Property. Buyer
covenants and agrees to give Seller five (5) days prior written notice of its
removal or destruction of any stand of trees, or area containing trees in
excess of two inches (2") in diameter from the Property and Seller shall,
at Seller's option, be given five (5) days from the receipt of such notice to
itself remove such tree(s) and use same as Seller may desire. A ny removal
of trees hereunder shall be done at Seller's sole expense and Buyer shall
have no right to compensation by Seller due to Seller's executing its right
to remove any trees from the Property.
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It is expressly agreed and understood that each of the foregoing representatias,
warranties and covenants shall survive Closing and not be merged into the docume:Jts
of Closing, such survival to exist until the earlier of (i) the expiration of five (5) years
. after the Golf Course is open for public use, or (ii) Seller's complete sellout of all Lots
in its Development. By the term "survival", it is meant that the foregoing
representations, warranties and covenants ~hall not be actionable unless written notice
is provided Bu,yer of a failure to satisfy a'J.Y of such items prior to the expiration of the
stated period for survival. Once such written notice is provided, such right shall
remain actionable despite any expiration of a stated survival period.
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3.3. Buyer's Covenants. The representations, warranties, agreements and
covenants of Buyer contained anywhere within this Agreement (herein referred to
"Buyer's Covenants") shall be true and correct on the date of Closing, and shall be
otherwise timely complied with by Buyer, shall survive the Closing as stated above and
shall be additional covenants of Buyer set forth in the Performance Deed of Trust. The
representations, warranties, agreements and covenants of Buyer contained in this
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AGREEMENT - Pa2'e 7
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Agreement have been made by Buyer as an inducement to Seller to enter into this
Agreement and shall be at Closing restated and reaffirmed by being set forth in the
Performance Deed of Trust and Special Warranty Deed, as aforesaid.
3.4. Financing Contingency. Buyer shall have through and until October ~
1988 within which to obtain appropriate bond financing so as to finance, in whole or in
part, Buyer's various construction and other obligations pursuant to the Buyer's
Covenants. Buyer or Buyer's prospective lender may, prior to October 11, 1988,
inspect, examine and survey the Property, and make soil tests, borings, percolation
tests and such other tests as Buyer or Buyer's lender deems necessary to obtain
information regarding the surface, subsurface and topographic condition of the
Property. The en try by Buyer, Buyer's lender or ei ther such party's agen ts upon the
Property and the activi tiy of Buyer, Buyer's lender and its agen«êts thereon, as herein
provided, shall be at the sole risk and expense of Buyer. Buyer shall hold Seller
harmless from and against any claims, expenses, damages or fees Seller may suffer or
incur (including, without limitation, attorney's fees and court costs) due directly or
indirectly to the exercise by Buyer of the right and privilege herein granted of being
present upon the Property. Buyer further agrees to return the Property to its original
condition upon the completion of Buyer's activities thereon. In the event Buyer shall
notify Seller on or before October ~/~1988, that Buyer has been unable to obtain
suitable bond financing as described above and thus satisfy this Financing Contingency
(so called herein), then, and in such event, this Agreement shall, !2§Q facto, terminate,
and the parties hereto shall have no further obligations one to the other hereunder,
except based upon the indemnification provisions contained in this Section 3.4 and
those in Section 8.1.
3.5. Title Examination. Buyer shall also have through and until October 5,
1988 to examine title to the Property and to give Seller notice of any objections which
render Seller's title less than good and indefeasible. Seller shall have until the Closing
in which to attempt to satisfy any valid objections specified in such notice by Buyer;
provided, however, Seller shall be under no obligation whatsoever to expend funds to
effectuate such cure. Upon the earlier of (i) the occurrence of a scheduled date for
Closing, or (ii) notice from Seller that it has satisfied all title objections which it
intends to satisfy, then, Buyer shall either (i) waive satisfaction of any objection not
theretofore cured and consummate the purchase described herein, or (ii) terminate this
Agreement, whereupon neither party hereto shall owe any further obligations one to
the other hereunder, except for the indemnifications described in Sections 3.4 and 8.1.
3.6. As-Is Nature of Sale - Flood Plain. Buyer hereby warrants and
acknowledges that Buyer has (i) conducted all of the physical, engineering and
topographical reviews and inspections of the Property and examined and investigated
to the full satisfaction of Buyer the physical nature and condition of the Property, and
(ii) shall have fully reviewed the status and nature of ti tle to the Property. As of the
da te of this A greemen t, nei ther Seller nor any agent, attorney, em ployee or
representative of the Seller has made any representation whatsoever regarding the
physical nature or condition of the Property or the capabilities thereof except as
expressly set forth in this Agreement; and the Buyer, in performing under or closing
this Agreement, does not and will not rely upon any statement and/or information to
whomever made or given, directly or indirectly, verbally or in writing, by any
individual, firm or corporation and whether previously or hereinafter given.
Notwithstanding any other provision of this Agreement to the contrary, Buyer agrees
that it shall acquire the Property "as is". Seller makes no representations or warranties
as to the physical nature and condition of the Property or the suitability therecr for any
purpose for which the Buyer may desire to use it. Buyer specifically acknowleqes that
Seller has fully disclosed to Buyer tha t a portion of the Property is in the flood plain
. and is subject to and does, in fact, flood. Buyer further acknowledges (i) that the flood
plain problems referred' to herein have impacted upon and have been taken into
consideration in determining the considerat.icn ~o be paid for the Property, and (ii) that
the flood plain problen¡s have been investigated to the extent Buyer deems desirable.
3.7. Drainage. Seller and Buyer shall cooperate one with the other to insure
tha t the runoff and drainage by and between the Property and the adjoining property
owned by Seller will cause minimal adverse effects to either. Specifically, each party
agrees to meet minimum city requirements with respect to any required drainage
improvements on the Property or Seller's adjoining property. .
3.8. Road to be Built. Seller shall, at its cost, complete the construction.
paving and curbing of that certain road to the extent crosshatched on Exhibit "G"
AGREEMENT - Pag:e 8
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hereof on or before sixty (60) days prior to the completion of the Golf Course. It is
understood and agreed that the attached Exhibit "G" is only for the purpose of
identifying the subject road and not for the purpose of designating the location of any
Lots.
3.9. Bonds. It is anticipated that Buyer will be obtaining multiple payment
and/or performance bonds (the "Bonds") relative to its proposed development of the
Golf Course. Buyer hereby represents and warrants that it will not grant, create, nor
will it allow to be granted or 'created, any rights, whatsoever, in any third party in or to
the Bond(s), whether by way of an assignment, pledge, naming an additional obligee or
any other method. Buyer's agreement pursuant to this Section 3.9 shall be reaffirmed in
a Negative Pledge (so called herein) to be executed by Buyer in favor of Seller at the
Closing. .
3.10 Rights and Remedies. All rights and remedies of Seller with respect to
any default by Buyer under Buyer's Covenants, under this Agreement or under any
document or instrument executed in conjunction herewith or the transaction
contemplated hereby shall be cumulative such that any and all such rights and
remedies, including, but not limited to, Seller's rights under the Performance Deed of
Trust and reverter in the Special Warranty Deed, shall not be deemed exclusive but
shall be deemed available to Seller (along with any other rights or remedies at law or in
equity available to Seller, including, without limitation, specific performance) upon the
occurrence of a default by Buyer under Buyer's Covenants, under this Agreement or
under any such documents or instruments.
3.11. Name of the Golf Course. Buyer shall operate the golf course under
wha tever name it deems fit and Seller shall be free to use such name in its advertising
and marketing of the Development without compensation to the Buyer for such use.
ARTICLE IV
CONDITIONS PRECEDENT TO SELLER'S OBUGA TIONS
4.1. Conditions Precedent.
contingent upon the following:
(a) Seller being able to make suitable arrangements, in Seller's
sole discretion, so as to grant, prior to the opening of the Golf Course,
such easements, no more than ten feet (10') in width ("Golf Cart
Easements") that are necessary to allow the construction thereon, on land
owned by Seller, of golf cart paths from each golf hole to the next
succeeding golf hole of the Golf Course, and each Golf Cart Easement
shall (i) be located in a manner acceptable to Seller consistent with the
Plans, (ii) allow a reasonably direct access from one hole to the next
succeeding hole, (iii) be granted, pursuant to documentation acceptable to
Seller and Buyer with all such costs pertaining to paving and constructing
such golf cart paths within such Golf Cart Easements to be the ..
responsibili ty of the Buyer. It is expressly acknowledged that as a part of
this condition precedent, Seller shall attempt to obtain the consent of all
parties who can or may prohibit such direct access from hole to hole by
their reason of owning property or property rights (e.g., easements) that
give them the right to prevent such direct access.
Seller's obligations hereunder are expressly
(b) Seller obtaining, on or prior to Closing, approval fr-.Jm the
owners of the Leasehold Property, specifically including, but not limited
to, the approval of the City of Haltom City as to tracts 7 and 9, as
described on Exhibi t "A", to the assignmen t of Seller's interest in the
applicable Lease Agreements by and between Seller and s~ch ':,.,'tners
. (c) Seller obtaining on or before the scheduled date of Closing, a
limited use permit and/or easement (the "Railroad Easement") from St.
Louis and Southwestern Railroad Company over, across and upon its
right-oi-way for the purpose of ingress to, egress from and access
between that portion of the Property located south of such right-of-way
and that portion of the Property located north of such right-of-way.
(d) Seller obtaining on or before the scheduled date of Closing,
a release of any and all liens against all or any portion of the Property,
each of such releases to be in recordable form.
Å.GREE:\1E~T - P3Q'e 9
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4.2. Failure of Condition. In the event any or all of the matters described
hereinabove in Paragraph 4.1 hereof have not been satisfied and/or completed within
the time specified, Seller shall be entitled to terminate this Agreement by written
notice to Buyer unless the parties mutually agree to extend the Closing to al~ow
additional time to satisfy and/or complete the matters contained herein.
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ARTICLE V
SPECIFIED DEFAULT PROVISIONS
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5.1. Notice and Opportunity to Cure. In the event Buyer defaults on any
provision of this Agreement, Seller agrees that prior to Seller's seeking any remedy
available to Seller under this Agreement that Seller shall first give Buyer written notice
of such default and Buyer shall have sixty (60) days from the date of such notice to cure
any default, provided, however, that Buyer shall only be entitled to two (2) such notices
and cure periods in any twelve (12) month period and upon any default therafter Seller
shall be entitled to immediately enforce any rights and remedies available to Seller.
5.2. Post-Opening Use of Performance Deed of Trust. Seller shall not be
allowed to foreclose its lien created under the Performance Deed of Trust based upon a
default occurring after the Golf Course is completed and opened for public play unless
it first complies with the following procedures:
(a) Seller must first give notice to Buyer of the alleged def aul t
pursuant to Section 5.1 above, if Buyer is so entitled.
(b) If after the expiration of any applicable cure period Seller still
believes tha t the sta ted def aul t con tines to exist, Buyer and Seller agree to
submit the issue of whether or not such default exists to binding arbitration for
resolution in accordance with the rules of the American Arbitration Association
unless Buyer and Seller agrees otherwise. Any arbitration hereunder shall be
settled by a panel of three (3) arbi tra tors, one of whom will be chosen by the
Seller and one by the Buyer with the third being chosen by the two arbi tra tors
selected by the parties hereto. All three (3) arbitrators so chosen must be
current members in good standing of either the North Texas Professional Golfers
Association or the Professional Greens Keepers Association.
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(c) In the event the arbitrators find for Seller then Seller shall be
entitled to proceed with the foreclosure of the Performance Deed of Trust lien.
Any finding for Buyer will prohibit Seller from foreclosing due to the arbitrated
default only and in no event shall a finding for Buyer on a specific default be
construed as a general waiver or release of Seller's right to enforce its lien
crea ted by the Performance Deed of Trust in the event of subsequent def aul ts.
It is expressly understood and agreed that the provisions of this Section 5.2 are only
applicable to the utilization of the Performance Deed of Trust based on a default
occurring after the completion and opening of the Golf Course for public play and that
the provisions of this Section 5.2 shall be wholly· inapplicable to (i) alleged defaults
occurring prior to the completion and opening of the Golf Course to public play, and (ü)
Seller's pursuit of any other remedies other than the Performance Deed of Trust. -
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ARTICLE VI
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RIGHT OF FIRST REFUSAL
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6.1. Terms of Right of First Refusal. Seller shall have a Right of First Refusal
. to acquire all or any portion of the Property which Buyer shall desire to convey to a
third party. Buyer shall notify Seller of its desire to convey to a third party, the t~rm"
and conditions, and Seller shall have sixty (60) days within Wllich to elect to buy on
those same. terms and conditions. In the event Seller does not elect to buy during that
period, Buyer shall be free to sell to such third party on those identical terms and
conditions. Any conveyance by Buyer shall contain covenants running with the land to
require the purchaser to continue the operation and maintenance of the public Golf
Course and satisfy the other Buyer's Covenants. These rights as against third parties
shall continue until the earlier of (i) the expiration of five (5) years after the Golf
Course is completed and opened for public play, or (ii) Seller sells out all its Lots in the
Development.
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AGREE:\tE~T - Pae:e 10
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ARTICLE vn
CONSTRUCTION TRAFFIC
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7.1. Traffic Routing. Buyer agrees that all access to the Property during the
period of construction and development shall be accessed by way of Interstate Highway
820 via Meadowlakes Drive or such other route as Seller may consent in writing. In no
event shall construction traffic be routed through any portions of i'vleadowlakes Drive
other than those between the' Property and Interstate Highway 820 and in no event shall
such traffic be routed through the adjoining Meadowlakes residential area.
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ARTICLE vm
REAL ESTATE COMMISSION
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8.1. Dual Indemnity. The Seller and the Buyer severally covenant and agree
that ü any claim for any compensation by reason of the transaction contemplated
hereby is made by any broker, agent or third party, any such claim shall be paid by the
party whose actions or alleged commitments form the basis thereof, and the party
whose actions or alleged commitments form the basis of such claim shall indemnify and
hold harmless the other therefrom.
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ARTICLE IX
REMEDIES OF DEFAULT
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9.1. Allowable Termination. In the event the Seller or the Buyer shall have
terminated this Agreement pursuant to a right to do so contained herein, this
Agreement shall thereupon be of no further force or effect.
9.2. Buyer's Default. Should the Closing occur but Buyer thereafter defaults
in any of Buyer's covenants or otherwise hereunder, Seller shall, subjec t to the
provisions of Article V hereof, be entitled to enforce specific performance of this
Agreement, pursue an action for damages and/or pursue any other available remedies
described herein, in any of the documents of Closing or as are available at law or at
equity.
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9.3. Seller's Default. In the event all conditions of this Agreement are
satisfied or waived, and in the event all covenants and agreements to be performed
prior to Closing are fully performed, and in the event performance of this Agreement is
tendered by the Buyer and the sale is not consummated through def aul t on the part of
the Seller on or prior to the Closing Da te, then the Buyer shall be en ti tled to enforce
specific performance of this Agreement as Buyer's sole remedy.
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ARTICLE X
MISCELLANEOUS
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10.1. All notices, demands, or other communications of any type (herein
collectively referred to as "Notices") given by the Seller to the Buyer or by the Buyer to
the Seller, whether required by this Agreement or in any way related to the transaction
contracted for herein, shall be void and of no effect unless given in accordance with
the provisions of this Article X. All notices shall be in wr=ng and delivered to the
person to whom the notice is directed, either in person or b~ United States Mail, as a
Registered or Certified item, Return Receipt Requested. l"otices delivered by mail
. shall be effective, the earlier of when actually received or three (3) days fOllowing the
date when deposited in a United States Post Office or other depository under the care
or custody of the United States Postal Service, enclosed in a wrapper with proper
postage affixed, addressed, if to the Seller as follows:
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Richmond Bay Development, Inc.
6533 Meadowlakes Drive
Fort Worth, Texas 76118
Attention: l\lr. Bob Frank
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AGREEMENT - Pa2"e 11
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With Copy To:
Richmond Bay Development, Inc.
c/o Rostland Texas, Inc.
14755 Preston Road, Suite 400
Dallas, Texas 75240
A ttention: Mr. Rodney A. Scales
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'Vi th Copy To:
Kevin A. Sullivan, Esq.
c/o Winstead, McGuire, Sechrest & Minick
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
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and addressed, if to the Buyer as follows:
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Ci ty of North Richland Hills
7301 N .E. Loop 820
P. O. Box 18609
North Richland Hills, Texas 76180
A ttn: Rex McIntyre
Either party hereto may change the address for notice specified above by giving the
other party ten (10) days advance written notice of such change of address. Provided
further, any written notice shall be deemed effective upon actual receipt provided that
the party seeking to utilize a different form of notice must establish the time of the
actual receipt.
10.2. For purposes of determining the time for performance of various
obligations under this Agreement, the effective date of this Agreement shall be the
date this Agreement is executed by both Seller and Buyer and as written on the
signa ture page hereof.
10.3. Any representation, warranty, covenant or agreement herein by either
party to this Agreement whether to be performed before or after the time of Closing
shall not be deemed to be merged into or waived by the instruments of Closing, but
shall expressly survive Closing and shall be binding upon the party obliga ted thereby.
10.4. The obligations of the parties hereto shall be performable in Tarrant
County, Texas. This Agreement shall be construed and interpreted in accordance with
the laws of the State of Texas. Where required for proper interpretation, words in the
singular shall include the plural; the masculine gender shall include the neuter and the
feminine, and vice versa. The terms "heirs, executors, administrators and assigns" shall
include "successors, legal representatives and assigns".
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10.5. This Agreement may not be modified or amended, except by an agreement
in writing signed by the Seller and the Buyer. The parties may waive any of the
conditions contained herein or any of the obligations of the other party hereunder, but
any such waiver shall be effective only if in writing and signed by the party waiving
such condi tions or obliga tions. .
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10.6. Each person executing this Agreement warrants and represents that he is
fully authorized to do so.
10.7. Time is of the essence of this Agreement.
10.8. In the event it becomes necessary for either party hereto to file a suit to
enforce this Agreement or any provisions contained herein, the party prevailing in such
. action shall be entitled to recover, in addition to all other remedies or damages,
reasonable attorneys' fees incurred in such suit.
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10.9. The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not control or
affect the meaning or construction of any of the provisions hereof.
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10.10. This Agreement, including the Exhibits hereto and the items to be
furnished in accordance herewith, constitutes the entire Agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous
agreements and understandings of the parties in connection therewith. No
representation, warranty, covenant, agreement or condition not expressed in this
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AGREEl\fENT - Pasre 12
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Agreement shall be binding upon the parties hereto or shall affect or be effective to
interpret, change or restrict the provisions of this Agreement.
10.11. Numerous copies of this Agreement have been executed by the parties
hereto. Each such executed copy shall have the full force and effect of an original
executed instrument.
10.12. This Agreement may not be assigned by Buyer absent the obtaining of the
prior written consent of Sellêr.
EXECUTED on this the _ day of September, 1988, by Seller.
RICHMOND BAY DEVELOPMENT, INC.,
a Texas corporation
By:
Rodney A. Scales, President
EXECUTED on this the _ day of September, 1988, by Buyer.
THE CITY OF NORTH RICHLAND }fiLLS,
a Texas municipal corporation
By:
Name:
Its:
287:D070188A.OO
091888rag2
AG_REEMENT - Pa~e 13
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Exhibi t "A" -
Exhibit "B" -
Exhibit "C" -
Exhibi t "D" -
Exhibi t "E" -
Exhibi t "F" -
Exhibi t "G" -
287:D070188A.OO
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EXHIBIT LIST
Property
Sta te Savings Tract
Preliminary Routing Plan
Sign Easement Loca tions
Fence Requirements
Maintenance Specifications
Road Location
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EXHIBIT "A"
Property Description
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EXHIBIT "A"
Property Description
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FIELD NOTES
TRACT 1
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BEING a tract of land situated in the Heirs of S. Sawyer Survey, Abstract No.
1425, City of Haltom City, Tarrant County. Texas, and being more particularly
described as fol1ows:
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BEGINNING at an iron rod at the ~ortheast corner of said Heirs of S. Sawyer
Survey, Abstract No. 1425; said iron rod being a common corner to said Heirs
of S. Sawyer Survey, Abstract No. 1425, the W. A. Trimble Survey, Abstract
No. 1520, the T. Akers Survey, Abstract No. 19, and the E.M.D. King Survey,
Abstract No. 895¡ "
THENCE S 00° 39' 24- W, a10ng the west 1ine of said W. A., Trimble Survey,
Abstract No. 1520, and the east 1ine of said Heirs of S. Sawyer Survey,
Abstract No. 1425, a distance of 598.13 feet to an iron rod for corner on the
northwesterly right-of-way line of the St. louis and Southwestern Railroad (a
100-foot right-of-way); said iron rod being the beginning of a non-tangent
curve to the right having a central angle of 28~ 35' 38", a radius of 1602.95
feet, a tangent length of 408.50 feet. and a chord bearing and distance of S
58° 23' '22" W. 791.69 feet;
THENCE s outhwes ter1y a 10ng sa i d curve to the ri ght and sa i d northwes terly
right-of-~ay line of the said St. louis and Southwestern Railroad, an arc
distance of 799.96 feet to an iron rod at the end of said curve;
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THENCE S 7Zc 41' 11- W, continuing a10ng said northw~sterly riQht-of-way line
of the said St. louis and Southwestern ~ailroad, a distance of 419.73 feet to
an iron rod for corner;
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THENCE N 17° IS' 49" W. leaving said northwesterly right-of-way line of the
said St. louis and Southwestern Railroad, a distance of 9.98 feet to an iron
rod at the beginning of a curve to the left having ð central angle of 13~ ]7'
18", a radius of 758.89 feet and a tangent length of 88.40 feet;
THENCE northwesterly along said curve to the left, an arc dista~ce of 176.01
feet to an iron rod at the b~ginning of a reverse curve to the right having a
central angle of 28e 21' 45", a radius of 495.74 feet and a tangent length of
125.27 feet;
THENCE northwesterly along said curve to the right. an arc distance of 245.40
feet to an iron rod at the end of said curve;
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THENCE N 02° 14' 22" W, a distance of 4]8.06 feet to an iron rod at th~
. beginning of a curve to the left having a central ang1e of 28c 09' 16", a
radius of 490.00 feet and a tangent length of 122.87 feet;
THENCE northwesterly along said curve to the left, an arc distance of 240.78
feet to an iron rod at the end of said curve;
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THENCE N 30° 23' 38" W, a distance of 103.44 feet to an iron rod 'for corner,
sõid iron rod also being on the north line of said Heirs of S. Saw,er Survey,
Abstract No. 1425, and also the south line of said E.M.D. King Survey.
~bstract No. 895, said point also being in the south line of a tract of land
conveyed to the City of Haltom City from W. I. Browning, as recorded in
': Volume No. 4046, Page No. ]50, Deed Records. Tarrant County, Texas;
THENCE S b9< 58' OJ" !:. ð 1 or.g soJf' north 1i ne of the He i rs of S. Sawver
Survey. Abstract No. 14i'5. and sa i d sout.h 1 i n~ of the E. M. Z). K i"Q Survey,
Abstract No. 895. and along said south 1ine of the tract conveyed to the City
of Haltom City, from W.I. 8rowning, a distance of 13€O.38 feet to the POINT
OF BEGINNING and CONTAIN!NG 26.7118 acres of 1and.
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Page 2 of 8
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EXHIBIT "A"
!roperty Description
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FIELD NOTES
. TRACT 2 .
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BEING a tract of 1and situated in the Heirs of S. Sawyer Survey, Abstract No.
1425, and the W. A. Trimble Survey, Abstract No. 1520, City of Ha1tom City
and. City of North Rich1and Hi11s, Tarrant County, Texas. and being more
particularly described as follows;. _ ..
BEGINNING at an fron rod at the intersection of the south lin! of the Texas
Electric Service Corr.pany right-of-way, as recorded in Vo1ume 2868, Page 449,
Deed Records, Tarrant County, Texas, and: the westerly right-of-way line of
Meadow lakes Drive (BO-foot right-of-way)¡
THENCE S 51° 17' 02· W, a distance of 135.00 feet to an iron' rod at the
beginning f a curve to the right having a central angle of 14° 20' 08M, a
~adius of ]50.00 feet, a tangent length of 18.86 feeti
THENCE southwe~terly along said curve to the right an arc d;stance of 37.53
feet, to an iron rod at the end of said curve¡
THENCE S 6Se 37'10" W. a' distance of 84.84 feet to an iron rod at the
beginning of a curve to the left having a central angle of 14' 20' 08", a
radius of 250.00 feet, a tangent length of 31.4~ feet;
THENCE southwester1y along said curve to the left an arc ~ista~ce of 62.55
feet to ar. iron rod at the end of said curve;
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T~ENCE S 51~ 171 02" W. a distance of 64.45 feet to an ;rQn rod at the
beginning 0' a curve to the left having a centra1 angle oç 95~ 3£' ¿8", a
radius of 110.00 feet, a tangent length of 121.33 fe!t¡
THENCE southerly along said curve to the left an arc distance of la3.5~ feet
to an iron rod at the end of said curve;
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THEN:r 5 44~ 19' 26" E, a distance of 169.61 fept to an iron rod for corn~r;
THENCE S 45< 40' 34· W, a distance of 105.00 feet to an iron ro~ for corner;
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THENCE S 50· 41' 16" W, a distance of 422.10 feet to an iron ro~ for corner;
T~ENCE S 62° 14' 40· W, a distance of 180.00 feet to an iron rod for corner¡
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THENCE S 18C 35' 53" E, a distance of 96.17 feet to an iron rod for cornpr¡
THENcr S 57" 2t' 46· E, a distance of 259.02 feet to an iron rod for corner;
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THENCE N 75~ 31' 14· E, a distance of 104.83 feet to an iron rod for corner;
THENCE S 89< 37' 56" E, a distance of 361.53 feet to an iron rod for corner;
THENCE S 6~~ 47' 15" E, a distance of 161.Bl feet to an iron rod Çor corner;
THENCE N 73< 06' 46· E, a distance of 186.27 feet to an iron rod for corner;
THENCE ~ 85< 36' 38" E, a distance of 231.88 feet to an iron rod ~r corner;
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THENCE S 85· 13' 49" E, a disti\,..:~ ~f ~48.17 feet to an iron rod for, ~o"ner¡
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Trl[NCE S 32'09' 11" ~, a di s tanc~ of 91. 95 feet to an iron rrd for cc.rner¡
THENCE N 48< 54' 31" W, a distance of 36.67 feet to an angle point;
Tl-jn~CE N 780,12' 36" 1.', a distance of 75.46 feet to an ang1e point¡
THENCE N 93° 45' 23" V, a distðnce of 45.88 feet to an anç1e point;
THENCE S 88: 22' 08" W, a distance of 336.70 feet to an ang1e point;
THENCE H 85° 00' 38" W, a distance of 60.25 feet to an angle pOint¡
~-!~CE S 1C~ 3J' :7" k. ã ~i!tance cf ~t.O~ fee: tc an a~?1e point;
Page 3 of 8
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EXHIBIT "A"
-. -Property Description_--"-'" -'
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THE~CE S 47~ 47' 43- W, a distance of 27.28 feet to an angle point; .
THENCE S 150 26' 56" W, a distance of29.36 feet to an ang1e point;h
THENCE S 040 521 33- £, ~. distance ~f 83.93 feet to an angle po;nt¡'
THENCE S 40~ 49' 49" E. a distance of 81.40 feet to an angle po;nt¡
THENCE S 44e OS' Sl~ E. a distance of 50.11 feet to an angle point¡
THENCE S OO~ 43' 40" E, a distance of S5.SS feet to an iron rod for corner;
said point being the northeast corner of Lot 46. Block 4 of Fossi1 Creek
Trails First Filing. an addition to the City of North Richland Hills, Texas,
as recorded ~n V~lume NO. 388-87, Pages 46-47, Map Records, Tarrant County,
Texas;
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THENCE S 890 16' 21" W, along the north line of said Fossil Creek Trails
First Filing, a distance of 536.40 feet to an fron rod at the beginning of a
curve to the right having a central angle of 27~ 50' 19", a radius of 343.34
·feet, and a tangent length of 85.09 feet; "
THENCE northwes terly along sa i d curve to the ri ght and sa; d north 1 i ne of
Fossil Creek Trails First Filing, an arc distance of 166.82 feet to an iron
rod for corner; said point being the northwest corner of lot 53, Block 4 of
said Fossil Creek Trails First Filing; .
ThENCE S 27c OS' 42" W, along the westerly line of said Fossil Cree~ Trails
First Filing. a distance of 130.00 feet to an iron rod at the beginning of a
non-tangent curve to the left having a central angle of 2460 39' (6", a
radius of 60.00 feet. a tangent length of 91.23 feet, and a chord bearing and
distance of 53' 46' 49h W, 100.26 feet;
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TPENCE southwesterly along said curve to the left. an arc distance of 258.30
feet to ð point at the end of said curve.
THENCE S 270 06' 42" W, on a line 50.00 feet westerly and parallel to said
~esterly line of Fossil Creek Trails First Filing. a distance of 211.00 feet
to a point for corner;
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THENCE S 89° 16' 21" ~t a distance of 872.28 feet to an iron rod for corner;
said iron rod being on the east line of Diamond Oaks North t..ddition, an
addition t~ the City of North Richland Hills, Texas, as recorded ir. Volume
388-23. Page 25, Deed Records, Tarrant County, Texas;
T~ENCE N 1ge 37' 44" E. a10ng the east line of said Diamond Oaks North
Addition, a distance of 60.70 feet to an iron rod for an angle point;
THENCE N 22~ 31' 4~" E, continuing along the east line of said Diamond Oaks
North Addition, a distance of 107.00 feet to an iron rod for an angle point;
THENCE N 20~ 04' 44" E. continuing along the east line of said Diamond Oaks
North Addition, a distance of 93.90 feet to an iron rod for an angle point;
said iron rod being the northeast corner of said Diamond Oaks ~orth Addition;
THENCE N OO~ 46' ]6" \1:, a distance of 60.;,)0 f~ei to a point for corner;
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THENCE S 890 13' 44" W, parallel to and 60.00 feet north of the north line of
said Diamond Oaks North Addition, a distance of 648.40 feet to a point for
corner;
THENCE N 250 IS' 36" W. a distance of 420.19 feet to an angle point;
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THENCE N 050 21' 49R E. a distance of 460.01 feet to an angle point;
THENCE N 23~ OS' 09" E, a distance of 54.74 feet to an iron rod for corner on
the souther1y 1ine of the said Texas Electric Service Company right-of-way;
THrN~r ~ ]10 58' 07" r, along the southerly 1ine of the said T~.as Electric
5-er·....ice Ctr:ïar..v rign~-of-w!y, ~ distance of 2076.92 feet to the POINT OF
BE~~~~:N~ ðnd ~J~T~lhl~G 5'.2;] ðcres of 1and.
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EXHIBIT "A"
Property Description
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FIELD NOTES
TRACT 3
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BEING a tract of land situated in the W. A. Trimble Survey, Abstract No.
1520, City of NQrth Richland Hil1s. Tarrant County, Texas, and being more
particularl.y. .~e~c.~ibe~. a.~ . !o) lows: 1."__
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COMMENCING at an iron rod at the northwest corner of lot 41, Block 3, Meadow .
lakes first Filing as recorded, in Volume 388-124, Page Z7, Deed Records,
Tarrant County, Texas; said iron rod also being the beginning of a
non-tangent curve to the right hailing a central angle of 17° 36' 14", a
radius of 1027.27 feet, a tangent length of 159.07 feet, and a chord bearing
and ~istance of S 66c 46' 51" W. 314.39 feet;
THENCE southwes terly a long sa id curve to the ri ght and a long ttie south
right-of-way line of Meadow lakes Drive (an BO-foot right-of-way), an arc
distance of 315.63 feet to a point at the end of said curve¡
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, THENCE S 32° 47',23" E, a distance of 141.35 feet to the POINT OF BEGINNING;
THENCE S 32° 47' 23" E, a distance of 78.05 feet to an fron rod at the
beginning of a nòn-tangent curve to the left having a central angle of 420
53' 26", a radius of 245.00 feet, and a tangent length of 96.24 feet, and a
chord bearing and distance of S 32~ 21' 37" W. 179.15 feet;
THENCE southeasterly along said curve to the left, an arc distance of 183.40
feet to a~ iron rod at the end of said curve;
THENCE S 10~ 54' 53" W, a distance' of 107.65 feet to an iron rod for corner;
THENCE S 56ft 17' 00" W, a distance of 59.99 feet to an iron rod for corner;
THENCE N 85· -13' 49" W, a distance of 701.09 feet to an iron rod for corner;
THENCE N 4(' 19' 26" W, a distance of 803.05 feet to an iron rod for corner;
said iron rod also being the beginning of a non-tangent curve to the right
having a central angle of 14° 20' 08", a radius of 200.00 feet, a tangent
length of 25.15 feet, and a chord bearing and distance of N 58° 27' 06" E,
49.91 feet;
T~ENCE northeasterly along said curve to the right, an arc distance of 50.04
feet to an iron rod at the end of said curve¡
THENCE N 65° 37' 10" E, a distance of 84.84 feet to an iron rod at the
be-ginning of a CUl"'ve to the left having a central angle of 14° 20' 08-, a
radius of 200.00 feet, and a tangent of 25.15 feet¡
THENCE northeaster1y along såid curve to the 1eft, an arc distance of 50.04
feet to an iron red at the end of said curve¡
THENCE S 38° 42' ~!" E, a distance of 126.35 feet to an iron rod; said iron
rod ~eing the begi~ning of a tangent curve to the left having a central angle
of 24e 10' 38", a I"'!dius of 433.85 feet, and a tangent length of 92.92 feet;
THE~CE southeaster1y along said curve to the left. an arc distance of 183.07
feet to an iron ro~ at the end of said curve;
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THENCE S 62· 53' 3~· E, a distance ~f 25.42 f~et to an iron rod for an angle
point;
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THENCE S 62° (7' :3" £, a di s ta nce of 129. 74 feet to an i ran rod a t the
beginning of a t~ngE'nt curve to the left having a central angle of
43~ 49' 27", a raè~ ..s, of 1162.27 feet, and a tangent length of 467.52 feet;
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THENCE easterly a'=~g said curve to the left, an arc distance of 888.99 feet
to an iron rod at ~~~ POINT OF BEGINNING and CO~TA1NING 8.572 acres of land.
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EXHIBIT "A"
Property Descriptio~
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F!ELC tiOTES
TRACT 7
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BEING a tract of land situated in the T. Akers Survey, Abstract No. 19, and
the "'. A. Trimble Survey, Abstract No. 1520, City of North Ricnland Hills,
Tarrant County, Texas, and being more particularly described as follows:
SEG:NNrNG at an iron rod on the south right-of-way line of Interstate loop
820 (a 350-foot rig~t-of-way). and the north~~ster1y right-of-way line of th!
St. louis and Southwesterr. Railroad (a IOO-foot riºht-of-~ay;, said point
a1~o being the northeast corner of a 7.51 acre tract conve:,ed tc W. Brow"
Custor.-. Builders, Inc.. a~ recorded in Volume No. 7C26, Pag~ 1028, Deed
J<ecords, Ta rrant Cour.tj, T,exðs; .
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THENCE S 30t 45' 0111 W, along sa i d north....'es terl y ri ght-of -way 1 i fie of the
said St. Louis and Southw~stern Railroad, a distan~e of 830.43 feet to the
bpginning of ð curve to the riçnt having a c~"tral angle of 13= 20' 32". a
radius of 1602.95 feet and a tangent lengt~ of 1ê7.48 feet;
THENCE southwesterly along said curve to the right and northw~sterly
r;cht-of-~ðV line of the said St. louis and Southw~stern Railroad, an arc
.dištance of 373.27 feet to an iron rod at the end of said curve; said point
being on the c~m~on lir.e between the said T. Akers Survey, Abstract ~o. 19,
and the Heirs of S. Sawyer Survey, Abstract 1425;
THENCE N OO~ 391 24" E, along said comr.lon line between said T. Akers Survey
and said Heirs of S. Sawyer Survey, a distance of 953.60 feet to an iron rod
for corner on said south right-of-way tine of Interstate loop 820, passing
the point known as the cormlon corner of said Heirs of S. Sawyer Survey.
Abstract No. 1425, the W. A. Trimble Survey. Abstract No. 1520, the said T.
·Akers Survey, A~stract No. 19, and the E.M.D. King Survey, Abstract No. 895,
at 599.13 feet;
f~ENCE N 83° 28' 57" E along sa;d south right-of-way l;ne of Interstate loop
gZO. a distance of 289.76 feet to an iron rod at the beginning of a curve to
the right having a c.entral angle of OSC 331 OS"~ '! ~~d;U5 of 364J.~2 feet.
and a tðngen~ le~9th of 176.63;
THENCE northeasterly along said curve to the right and said south
right-of-way line of Interstate Loop 820, an arc distance of 352.99 feet to
the POINT OF BEGINNING and CONiAINING 7.5519 acres of land.
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EXHIBIT "A"
Property Description-
FIELD NOTES
TRACT 9
FEING a tract of land situated in Tarrant County, T~xas, out of the E. McD.
King Survey. Abstract No. 895 and being more particularly described as
fellows:
CO~MENCING at the interspction of the west line of the St. louis &
5c~t~west~rr. Railroad (a IOO-foot right-of-way) with the south line of
:r.t~rstñte Loot 820 (a 350-foot riQht-of-way); said point ~eing the northeast
corner of a cprtain 7.51 acre tract conv~ved to ~. Brown CustOJT; Builders,
:ncorp~ratPd. as recorded in Volume 7062, ?åge 1028, Deed Records of Tarrant
COt;nty. Te)·.as;
THENCE in a w~sterlj direction along the said south line and with a circular
curve hav;"9 a central angle of 05° 33' 05", a radius of 3643.22 feet, a
të~g~~t length of !75.63 feet, an arc distance of 352.99 feet to the end of
said curvE';
TH~N:E S 83' 28' 57" w, along said south line of loop 820, a distance of .
289.i6 f~et to an iron rod for the POI~T OF BEGIN~!NG of the herein-described
tract; said poi~t being the northwest corner of the aforementioned 7.S1-acre
tract an~ alsc b~in~ the northeast cor~er of Tract ]1, that certain tract of
l~r.d con'Jeyed to the City cf Haltom City, Texas from ¡.¡. I. Browning as
recorded in \'olu:!1e 4046, Page 150. Deed Records of Tarrant County, Texas;
T~ENCE S ~O~ 39' 24" W, with the east line of the aforementioned Tract II, a
distance of 35:.47 feet to an iron rod for corner;
THENCE N B9? sa' 03" W. with the south line of the said Tract 11. a distance."
of ~4é4.0~ feet to an iron rod for an angle point.
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THENCE N 5S~ ]3' 03" W. a distance of 281.33 feet to an iron rod for corner
in the south line of the aforementioned Interstate loop 820; said pOint being
the ~orthwest corner of said Tract 11;
THENCE N 83~ 2B' 57" E, along said south line of loop 820, and wit~ ~b~ r)crth
1 ; tie of the a fa r e r.~ r. t ion e d T r act 11. ad; s t a nee of 1 71 0 . 2 7 feet to ",he PO 1 NT
OF 6EGIN~:~G and CONTAINING 9.6186 acres of land.
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EXHIBIT "A"
Property Description
FIELD NOTES
TRACT 11
BEiNG a tract of land situated in the Telitha Akers Survey, A~stract No. 19,
City 'of North Richland Hills, Tarrant County, Texas, and being more
particularly described as follows:
BEG!NNING at a concrete monu~ent at the intersection of the north
~ight-of-way line of I.H. 820 (a 350-foot right-of-way) and the westerly line
of the St. louis and South~estern Railroad (a IOO-foot right-of-way);
THENCE S 890 03' 57" ~, along the north right-of-way line of said I.H. 820, a
distanc.e of 214.£5 feet to an ;ron rod at the beginning of a curve to the
left having a çe~tral ðngle of 05° 35' 00", a radius of 3993.22- feet. a~d a
tangent leng~h of 19~.7~ feet;
T~E~CE westerly along said curve, an arc distance of 389.12 feet to an iron
rod at the end of said curve;
THENCE S 83< 28' 57" ~. along the north right-of-way line of said I.H. 820, a
distance of 250.12 feet to an iron rod for corner;
THENCE ~ OO~ 34' 05" W, leavi~g thp north right-of-way line of said I.H. 820,
! distar.ce of 737.76 feet to an iro~ rod for corner;
THE~CE N 89' 27' oe" E. a distance of 1302.00 feet to an iron rod and the
said westerly right-of-way of the St. louis and Southwestern Railroad;
THENCE S 30'47' 48" W. along the westerly right-of-way line of said St.
louis a~d Southwestern Railroad, a distance of 864.97 feet to the POINT OF
eEG1N~ING and CONT~IN:NG 18.5533 acres of land.
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Page 8 of 8
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EXHIBIT "B"
STATE SAVINGS TRACT
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EXHIBIT "c"
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CITY IF
NORTH RICHLAND KW
TtIAS
fUTURE MUNICIPAL
GOLF COURSE SIT£
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(;IT'· LI'IIT LlP\'
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EXHIBIT "D"
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EXHIBIT "E"
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EXHIBIT "F"
Maintenance
Standards
MINIMUM-MAINTENANCE SPECIFICATIONS
1.
Greens, practice putting greens & nurseries
A. Mowing - At least five days per: week at a height between 3/16"
during the growingcseason; as needed during the off season.
B. Change cup locations on all greens and practice pútting greens
daily during the active season and at least three times weekly in
the off-season. Cup location will be moved at least twenty feet
.£rom the previous placement.
c. Repair ball marks, divots, or any other damaged turf areas on all
greens and practice greens daily.
-D.
Aerify all greens, practice putting greens and nurseries at least
three times per year during the growing season. Aerify problem
areas as often as necessary to produce superior turf quality.
E.
Topdress all greens, practice putting greens and nurseries:
A. After any aerification performed with 1/2" or larger tines;
B.
As needed to maintain a smooth putting surface.
c.
Topdressing will be sand or a mix similar to that used to
construct the greens.
. F.
Light vertical mowing of all greens, practice putting greens and
nurseries shall be performed as appropriate to smooth and true the
putting surfaces. Heavy dethatching shall be performed only prior
to any winter overseeding.
NOTE: \nlere bermudagrass greens are maintained, they shall be
overseeded annually, approximately 2 to 3 weeks before the first
annual frost, using perennial rye .or a blend of prennial rye, poa
trivialis and/or fine fescues - at a rate between 20 and 30 lbs.
per 1,000 square feet.
The Putting surface shall be prepared for overseeding by aerifying
not later than 30 days prior to overseeding and verticutting weekly
starting three to four weeks prior.
Overseeding shall be topdressed 1/8" with material similar .to green
construction material or an approved sand/organic mixture. A
complete fertilizer shall be applied immediately prior to seeding.
Greens shall be irrigated sufficient to remain moist but not soaked
until all seed has germinated.
Dur~ng ge~ination period, cup shall be changed frequently. First
mot...~ng shail be at 5/16" reducing to normal cutting heights
graàt.~.lly .
A preventive program of fungicide applications shall be maintained
starting two days after overseeding.
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G. Spiking of all greens and practice greens shall be performed as
needed between aerifications to maintain water infilitration.
B. Fertilization - All greens, practice greens, and nurseries shall be
fertilized with nitrogen, phosphorous, potash. and other elements as
needed to maintain color. growth. health and turgidity of the turf,
without allowing excessive or succulent growth.
The goal of the greens fertilization program is to provide the best
possible putting surface, not to produce the maximum amount of
growth.
~ ,I. Fungicides - All greens. practice greens and nurseries shall
receive appropriate fungicide applications to prevent and/or
control fungal disease activity.
J. ~eed Control - All greens. practice.greens and nurseries shall be
maintained free of undesirable grasses and weeds. Pre-emergent
herbicides shall be used as necessary to prevent intrusion into the
greens of weeds difficult to eradicate such as goosegrass,
crabgrass, etc.
K. Insecticides - All greens, practice greens and nurseries shall be
treated as necessary to prevent or halt insect damage.
~ees - All areas used for tee surface
A. Mowing - All tees shall be mowed at a height between 3/8" - 5/8"
three times per week during growing season and as necessary during
off-season.
B. Topdressing - All worn areas on tees shall be topdressed at least
weekly to fill divots and level tee surface. Topdressing material
shall contain seed of annual or perennial ryegrasses. or other
species as appropriate.
c. Overseeding - All tees shall be overseeded at a rate of not less
than 10 lbs./l.OOO square feet, approximately two to three weeks
before the first annual frost. Seed used shall be a suitable
species or blend.
D. Set-up - Tee markers and all tee equipment shall be moved daily for
proper play and control of turf wear.
E. Yeed Control - Tees shall be kept weed free to an extent of at least
90% of the area by the proper and timely application of pre- and/or
post-emergent herbicides.
F. Vertical Mowin1 - All tees shall be verticut as necessary to
control mat or thatch build-up.
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G. Aerification - All tees shall be aerified at least every two months
from March through October and as necessary during the remainder of
the year.
B. Fertilization - All tees shall be fertilized with nitrogen,
phosphorous. potash, and other elements as needed to maintain
color, growth, health and turgidity of the turf, witho~t allowing
excessive or succulent growth.
3.
Fairways - All areas of play except greens, tees, roughs and natural
growth areas
A.
Mowing - All fairways shall be mowed at least three times per week
at a height between 1/2" - 7/8" during the growing season and as
needed for the balance o~ the year. Contour mowing as specified
by the architect in the original pl~n~ shall be maintained.
Aerification - All fairways shall be aerified a minimum of three
times per year during the growing season. Aerification holes shall
not exceed a spacing of eight inches on center or be of a diameter
of less then 1/2".
JJ.
c.
Fertilization - All fairways shall be fertilized with nitrogen,
phosphorous, potash, or other elements as needed to maintain color,
growth, health and turgidity of the turf, without allowing
excessive or succulent growth.
D.
Vertical Mowing - All fairways shall be verticut as necessary to
control mat or thatch build-up.
E.
Yeed Control - Fairways shall be kept weed free to an extent of at
least 90% of the area by the proper and timely application of pre-
and/or post-emergent herbicides.
"4.
Roughs
All turfed areas of play except greens, tees, fairways and natural
growth areas.
A.
Mowing - All. .roughs shall be mowed weekly during the growing season
and as necessary during the balance of the year, at heights between
3/4" and 1-1/2". Rough height shall not exceed 211 without the
direct approval of the regional superintendent,and rough mowing
shall not be suspended for any tournament without such approval.
B.
Aerificat1on-
1) Fairway-to-tree-l1ne play areas shall be aerified at least two
tim::!s per year.
2)
Yithin wooded play areas - as necessary to establish and/or
maintain turf.
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c.
Fertilization - Roughs shall be fertilized as necessary to maintain
tu rf .
D.
Yeed Control - Shall be performed as necessary to prevent seed
formation and to allow proper play.
s. Natural growth areas
All areas in which native or introduced vegetation is allowed to survive
without routine mowing, cultivating, irrigation or other routine
maintenance procedures. May be out of play areas, steep slopes,
barriers, windbreaks, nature trails, etc. Such areas are to be
. maintained free of excessive trash, noxious weeds and vertebrate pests,
and in such manner as to comply fully with fire department regulations
or other such regulations as may apply. Such natural growth areas may
be improved and may from time to time be subjected to irrigation,
cultivation, pruning, or other such practices as may be necessary or
desirable to establish or maintain them. They may not be either created
or converted to more intensively managed landscape types without the
direct approval of the regional superintendent.
6. Planters - All areas planted with ornamental plants, not intended for
golf play and having a definable border.
A. Clean-up - All planters shall be maintained free of trash and
debris.
B. Yeed Control - All planters shall be maintained free of weeds by
mechanical and/or chemical means.
c. Trimming - The plant material (trees, shrubbery and ground covers)
in planters shall be trimmed for protection from wind, insect
damage, and for appearance.
7.
Trees - All trees within the property lines of the golf course.
A. Stakes - Trees shall be staked ·as·necessary until of sufficient
size to stand unassisted. Stakes shall be installed and maintained
in the manner recommended by the University of California. Stakes
shall be removed as soon as possible.
B. Pruning - All trees shall be properly pruned for protection from
wind and pests as well as for appearance and safety.
C. Irrigation - All trees shall be irrigated to provide adequåte
moisture for normal growth.
D. Mowing - Large area mowers shall not be used within one foot of the
trunk of any tree.
E. Removal and Replacement - All dead tLe~s, f~r whatever cause. shall
be removed. Replacement shall be with a tree of appropriate type
and size.
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Irrigation - All eouipment required to irrigate all areas of the
property.
A. Repair or replace all heads, valves, controllers, wiring, and pipe
as needed to maintain the proper operation of the entire golf
course irrigation system (including greens, tees, fairway.
planters, flower beds, etc.) on an on-going basis. .
B. The golf course shall be irrigated as necessary to support proper
growth of golf turf and associated landscaping.
9.
Fences - All fences and walls, block, chain link, or barbed wire, etc.
on or within boundaries of the propertv.
A.
Repair all broken or damaged fencing as necessary.
B.
Immediately repair or replace as neçessary all fences, gates and
locking devices needed for the protection of the golf course or
equipment.
10. Clubhouse and Structures - All structures within the boundaries of the
golf course.
A. Course Restrooms - All course restrooms shall be maintained daily
to provide clean and sanitary facilities for the users and
employees of the course. Soap, towels, toilet paper, etc. shall be
provided in adequate quantity at all times. Portable facilities
shall be maintained similarly.
B. All buildings and structures shall be maintained in good repair at
all times. Surrounding areas shall be maintained free of weeds,
brush, disorganized junk or broken-down equipment. trash piles,
etc. Interior areas shall be clean and neatly organized, safe and
sanitary for customers and employees. Painting, rodent and insect
control, and landscaping shall be performed as necessary.
"Housekeeping" duties shall be assigned to all maintenance crew
members and shall be performed daily.
C. Cart Paths - Maintain all cart paths in a smooth and clean
condition and repair promptly as needed.
D. The golf course superintendent is responsible for all facilities
and structures maintenance not within the clubhouse area proper.
11.
Edging
All sidewalks, patios and concrete cart paths must be kept edged.
Edging around valve boxes, meter boxes, backflow preventers, etc.
shall be done as needed to insure that there is no obstruction of play
or maintenance from growth around these items.
12. Sand Traps
All sand traps shall be edged as necessary to maintain an appropriate
lip, raked daily and filled with fresh sand as needed to maintain a
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minimum 1-1/2" depth on' slopes and 4" in the bottom. Replacement sand
will be of a dust-free type, suitable for trap use.
13.
Landscaped areas
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Tbe various planting areas throughout the course shall be cultivated,
weeded, and pruned on a regular basis, with at least two replanting
programs for annuals scheduled each year, depending on' the length of the
season.
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14. Trash and refuse
'Shall be collected daily and removed from the property as necessary to
ensure minimal problems from refuse odors, insects, etc. Approved
trash receptacles shall be conveniently stationed on tees and other
appropriate areas and emptied daily.
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15. Vertebrate pest control
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Shall be routinely performed throughout the property on an on-going
basis, in such a manner that vertebrate pest populations are steadily
reduced and eventually eliminated.
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16. Aquatic
All lakes, ponds and streams shall be maintained in a safe and sanitary
manner and in good appearance.
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17. Soil and water
Analysis will be performed yearly by an approved professional
laboratory.
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18. Construction and remodeling
Any change in the physical characteristics of any area of the golf
course, such as addition or removal of sand traps. addition or removal
of any hazards (water, trees, or native vegetation), movement of soil
exceeding 20 cubic yards in any single area, or the modification of any
portion of the golf course or the buildings, shall only be undertaken
with the direct 'approval of the Vice President, Operations or his
designated representative.
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19. Crews
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Other than during inclement weather. a full maintenance crew shall be
on duty at the course daily supervised by an on-duty superintendent.
Regular hours will be established and maintained. The superintendent's
hours shall normally be the same as those of his crew.
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NOTE: THESE SPECIFICATIONS INDICATE MINI1-ruM PRACTICES NECESSARY FOR -CRE
PROPER MAINTENANCE OF ANY GOLF COURSE. IN NO WAY DO THEY LIl-1I'£ THE
RESPONSIBILITY OF THE GOLF COURSE SUPERI~7ENDENT FOR THE PROFESSIONAL
CARE AND MAI17ENANCE OF TIlE PROPERTY.
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CITY OF
NORTH RICHLAND HILLS
Department:
Economi c Deve 1 opment Council Meeting Date: 9/20/88
Approval of Ordinance Changlng the Effectlve Date
of Ordinance No. 1543 from October 1, 1988 to Agenda Number: GN 88-79
December 1, 1988 - Ordlnance No. 1566
Subject:
When it became apparent that the City would be able to build a golf course, the Director
of Economic Development asked Richmond Bay to give us additional time to complete
contract documents. Richmond Bay has written a letter (copy attached) asking to delay
the effective date of the rezoning of Phase II from Outdoor Commercial (Golf Course) to
R2 - Residential in order to give us sufficient time to close on the acquisition of all
the land required for the golf course. .
Recommendation:
Approve Ordinance No. 1566.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operatin udget
Other
-
Acct. Number
Sufficient Funds Available·
ture
Rf'1 '-~
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City Mana.....0r
. Finance Director
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ORDINANCE NO. 1566
WHEREAS, the applicant Richmond Bay Development, Inc., at the
request of the City, has elected in writing to delay the effective
date of Ordinance No. 1543; and
WHEREAS, the passage of this Ordinance will delay the
implementation of Zoning which would adversely affect the design of a
proposed public golf course which the City has elected to construct.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The effective date of Ordinance No. 1543 is changed from October
1, 1988 to December 1, 1988.
PASSED AND APPROVED this 20th day of September, 1988.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
/LÆ .
~x McEntire, Attorney for the City
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RIGHN18ND BAY
DEVEIOPMENT INC.
August ll, 1988
Mr. C.~," A. Sanford
Director of Economic Development
City of North Richland Hills
Box 18609
North Richland Hills, Texas 76180
Dear Mr. Sanford:
In cooperation with your request of August 10, 1988 Richmond Bay Development, Inc.
hereby requests that our effective zoning change date on Phase-II of our development
be moved to December 1st ot 1988.
In addition, we will limit our lot development to Phases IA and IB until that date.
We will proceed with the balance of Phase I through the platting process. We will not
present the plat to Council until after the 1st of December. Mr. McEntire suggested
that a waiver could be granted to accomplish this. I would appreciate your putting
into motion what eyer is needed to obtain that waiver.
We are yery optimistic that all will be in place by December 1st and that we will
see some signs of development this fall.
Please consider this letter our formal request for the extension until' December lst.
If theIeis anything else you need, please don't hesitate to call.
Robe
Project Manager
Richmond Bay Development, Inc.
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September 20, 1988
Page 2
Mr. Sanford stated that the last section stated that if there were not
costs for the land, the money would be paid to the City at the opening of
the golf course.
Mayor Pro Tern Davis stated that Section 2.3f regarding signs - the City
might have a problem with Haltom City on the sign and asked if that
potential problem had been solved.
Mr. Frank stated it was his understanding that if North Richland
granted Meadow Lakes the space they would go to Haltom City and
acquire permission for the sign.
Mr. Sanford stated he would like to have the wording in
changed to state lithe City would allow the sign for fi~
all of the lots were sold, whichever came first".
Mayor Pro Tern Davis referred to Section 4.1c per ining to railroad
easement - and asked Mr. Frank if he had alrea obtained the easement.
Mr. Frank stated they had an easement from he railroad to the former
developer and they would insert the Cit~ f North Richland Hills and
Recreational Services Limited. Mr. Fr k stated it would be a permanent
easement for the City and a tempora~ easement for the contractor.
Mr. Line stated he would sugges that the closing date be changed from
October 11th to October 10th .cause the City at the time did not think
that the proceeds of the sa of the ·certificates of obligation would be
received until October 15 and wanted to have the closing prior to that
date. Mr. Line stated at he learned Friday that the proceeds of the
sale would be deliver a Monday, October 11th and wanted to move the
closing to October th so the City would know they had the land before
they accepted del · very of the bonds.
Mayor Pro Te avis asked if the ~ity was getting an Owner's Title Policy
on the pro rty.
no, it would be a Special Warranty Deed~
M or Pro Tern Davis asked that the Staff to be instructed to look into the
ost effective means of possibly getting an Owner's Title Policy.
Motion, with changes as noted, carried 5-0.
5.
GN 88-79 APPROVAL OF ORDINANCE CHANGING THE EFFECTIVE DATE
OF ORDINANCE NO. 1543 FROM OCTOBER 1, 1988 TO DECEMBER 1, 1988 _
ORDINANCE NO. 1566
APPROVED
Councilman Garvin moved, seconded by Mayor Pro Tem Davis, to approve
Ordinance No. 1566.
Motion carried 5-0.
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CITY OF
NORTH RICHLAND HILLS
Department:
Economic Development 9/19/88
Council Meeting Date:
Approval of Management Contract with Recreational A N GN 88-80
:Serv1.ces L1.m1.tea. genda umber:
Resolution 88-35
Subject:
-
Attached is the contract to Recreational Services Limited to maintain and operate the
golf course for a period of five years. The details conform to the proposal submitted
(]
to you earlier.
RECOMMENDATION:
Approve Resolution No. 88-35 for five year contract with Recreational Services Limited.
Source of Funds:
Bonds (GO/Rev.)
Operating udget
Othern ~
GL Q1-"
Finance Review
Acct. Number
Sufficient Funds Available
I¿Øt~7~
, City Manager
. Finance Director
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RESOLUTION NO. 88-35
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
. HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached
contract with Recreational Services Limited as the act and deed of the City.
PASSED AND APPROVED this 20·th day of September, 1988.
ATTEST:
(hA_~' 77: ) L)~
C~¡;y~
APPROVED AS TO FORM AND LEGALITY:
A
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September 20, 1988
Page 3
6.
GN 88-80 APPROVAL OF MANAGEMENT CONTRACT WITH
RECREATIONAL SERVICES LIMITED -
RESOLUTION NO. 88-35
APPROVED
Councilman Garvin moved, seconded by Councilman Metts, to approve
Resolution No. 88-35.
/1
Mayor Brown stated that under Section 2(d) - Start-Up Budget, on what they
were going to purchase did not mention golf carts.
Mr. McEntire stated they may want to lease the golf carts.
Mr. Line stated that if golf carts were not mentioned somewhere else in
the contract, it needed to be added.
Mr. McEntire stated the wording would be changed to purchase and/or lease
and would include adequate golf carts.
Mayor Brown referred to Item 5 - Clubhouse and Other Start-up Items funded
by the City shall be the property or obligation of RSL and asked if the
City was going to purchase them.
Mr. McEntire stated the contract was talking about other than those items
which were purchased with the start-up items.
Mayor Brown referred to Item 9 - Upon Termination of the Agreement - RSL
would sell, transfer and assign all of the assets which would properly be
reflected on the Financial Statements of the facility. Mayor Brown asked
sell to who.
Mr. McEntire stated to the City.
Mayor Pro Tern Davis st~ted the wordin~ '~all assets will be assigned to the
City" needed to be added.
Councilman Sibbet referred to Section 2(a) - Major Decisions - and asked
if the decisions for major purchases would be approved by the City Manager
or Council.
Mr. Line stated he did not contemplate that any prior approval for
expenditures other than items not budgeted for would have to be approved.
Councilman Welch asked how the course would be policed once it was
operational.
Mr. Line stated after it started operation someone on the staff would be
assigned responsibility for supervision of the golf course operator and
during the construction period George Tucker would monitor.
Mayor Pro Tem Davis asked Marty Streiff if he would have a problem with
working with the Park and Recreation Board looking at updates and changes
to the policies of the operation.
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September 20, 1988
Page 4
Mr. Streiff replied no.
Motion, with changes as noted, carried 5-0.
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7.
GN 88-81 APPROVAL OF CONSTRUCTION SUPERVISION CONTRACT
WITH RECREATIONAL SERVICES LIMITED -
RESOLUTION NO. 88-36
APPROVED
Mayor Pro Tern Davis moved, seconded by Councilman
Resolution No. 88-36.
Mayor Pro Tern Davis referred to Item l(c) - Full Time Site uperintendent
and Inspector - and asked if that had been budgeted for
Mr. Sanford stated that was a part of Recreational ervices Limited's
proposal.
Motion carried 5-0.
Mayor Brown adjourned the meeti
Mayor
ATTEST:
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PERSONAL SERVICES MANAGEMENT AGREEMENT
For the Management of Golf Course
and Club House Operations
,
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THIS PERSONAL SERVICES AGREEMENT executed September~,
1988, is by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS
(the "city") and RECREATlof.lAL SERVICES, LTD." a Texas limited
partnershi.p ("RSL").
WIT N E SSE T H:
WHEREAS, the City plans to build a golf~course (the "Golf
Course") and clubhouse (the "Clubhouse") as described in the
Construction Supervision Agreement (the "Construction Agreement")
between the City and RSL of even date herewith; and
WHEREAS, the City and RSL desire. for RSL to manage and
operate the Golf Course and Clubhouse (which are sometimes
hereinafter referred to as the "Facility") on behalf of the City.
NOW, THEREFORE, for and in consideration of the covenants
and agreements contained herein, the parties hereto agree as
follows:
'tt
1.
Term of Agreement.
The term of this Agreement shall
begin on the first day the Facility is open and the Golf Course is
ready for play (the "start Date"), and it shall end on the fifth
anniversary of the Start Date unless terminated by the City prior
to that date.
The City shall have the option to terminate this
Agreement at any time following the third anniversary of the Start
Date, which option may be exercised by giving written notice to RSL
not less than ninety (90) days prior to the termination date
City of North Richland Hills/Recreational services, Ltd.
Personal Services Management Agreement
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determined by the city. The City shall determi~e the start Date
after consulting with RSL.
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2 · Services to be Performed by RSL. During the term of this
Agreement, RSL shall operate the Facility, handling the collection
and disbursement- of all money, employing all employees, purchasing
(j
and selling food, beverages, merchandise, supplies and services,
purchasing- insurance coverage, handling disputes with third
parties, collecting and paying appropriate taxes, and accounting
·to the City for its activities.
The ci·ty hereby grants and
delegates to RSL the authority and responsibility necessary to
permit RSL to perform its duties under this Agreement, agrees to
take such additional steps as are necessary to evidence such
delegation and authorization as is reasonably requested by RSL in
writing, and authorizes the exclusive use of the Facility by RSL
during the term of this Agreement for this purpose. with respect
to the operation of the Facility, the parties hereto agree as
follows:
(a) Major Decisions. RSL shall secure the city's prior
approval of al¡ maj or po.licy .decisions, including but not
limited to capital improvements and expenditures, operational
budgets, Clubhouse and ~r6und rules. RSL shall, to the best
of its ability, operate the Facility in accordance with the
maj or policy decisions agreed upon wi th the ci ty. The
Facility shall be open to the general public. All fees
charged to customers at the Facility shall be subject to the
approval of the City, provided that the City shall approve fee
proposals of RSL which are comparable to those fees charged
by competing public golf courses for similar services and
. facil i ties · Unless the parties agree otherwise, the fees
shall increase annually by at least the amount proportional
to increases in the Consumer Price Index for the geographic
area.
(b) Periodic Operation Review. RSL shall, on an ongoing
and continuing. basis as shall be reasonable and necessary,
City of North Richland Hills/Recreational Services, Ltd.
Personal Services Management Agreement
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but not less than twice a month during the first six months
of this Agreement, review its management work, programs and
efforts with the City. The City shall be kept fully informed
of all Facility management activities and ope~atïons. Prior
to the start Date, RSL will meet with the City to establish
proper accounting controls.
(c) Promotion of Golf Activities. RSL shall coordinate
the creation or modification of graphics, logos and other
visual materials for u~ilization on letterheads, envelopes,
temporary and permanent signage, brochures, information
profile, progress reports, press releases and bulletins. RSL
shall coordinate and direct all of the work done in the area
of advertising and public relations to ensure that the
Facility will create an appropriate, continuing visual image
and presence in print and communications media. This will be
achieved principally by securing articles, interviews and
reports in the ~edia dealing with construction progress, Golf
Course design and features, Clubhouse facilities, and
employment of key personnel.
(d) start-up Budqet. In order to assist the City in . A
evaluating the performance of RSL under this Agreement, and¡J;¡ ~~
to prepare for proper operation of the Facility, prior to the ~'
Start Date RSL shall prepare a budget and present and review *O~
it wi th the Ci ty · Upon approval by the Ci ty , RSL shall 4. 0.$ e
implement the start-up budget and make all purchases.required L
for start-up as set forth in the approved budget. Such
purchases shall include Golf Course maintenance equipment,~ ~/{)If <:'k/t t..s
food and beverage inventories and stock, Golf Course supplies,
Golf Course maintenance supplies, Clubhouse cleaning and ~
maintenance Supplies and equipment, and accounting and office ~~~~
equipment and supplies. The cost of purchases, together with ~~t
the opening working capital established in the approved start-
up budget, is hereinafter q~ferred to as the "Initial RSL
Capital," and shp,ll be funded by RSL, or, at the option of
City, by the City.
(e) Annual Budqets. Each July during the term of this
Agreement, RSL shall submit a proposed operating budget to the
City for the upcoming Fiscal Year (the period beginning
October 1st and ending September 30th is referred to herein
as the "Fiscal Year"). Once the proposed operating budget is
approved by the Ci ty, RSL shall use its best efforts to
operate the Facility in accordance with the operating budget.
(f) Facility Personnel. RSL shall recruit, interview
and hire the basic Facility staff, including all on-site
management personnel, i.e., golf pro, assistant golf pros,
golf course superintendent, all food and beverage staff, house
and grounds maintenance personnel, j ani torial staff, etc.
Such personnel shall be hired and employed by RSL.
City of North Richland Hil1s/Recre~tional Services, Ltd.
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(g) Food~ Beveraqe and Merchandise. The City agrees to
permit the sale of beer, wine and liquor by the drink at the
Facility. RSL shall comply with all Texas laws relating to
the sale of same if RSL chooses to obtain appropriate licenses
and sell same at the Facility. In addition, RSL shall
purchase and sell such other food, beverage and merchandise
at the Facility for such prices as it deems prudent, provided
that the items purchased and sold are of a type typically
available at comparabl~1 public golf facilities.
3. PaYment of Cash Flow. On the 15th day of each February,
May, August and November during the term of this Agreement (or more
often, as requested by the City), RSL shall pay to the City one
hundred percent (100%) of the Net Cash Flow from the Facility,
determined in accordance with the provisions this paragraph, for
the period ending on the last day of the preceding month. Net Cash
Flow shall equal the sum of the following: Revenues minus the sum
of: (i) Expenses, plus (ii) Approved Capital Expenditures, plus
(iii) Debt Service on Initial RSL Capital, plus (iv) Approved
. Reserves.
(a) Revenues. "Revenues" shall mean all cash receipts
of any kind from operation of the Facility, including but not
limited to green fees, cart rentals, range fees, proceeds from
the sale of food, beverage and merchandise, rebates, rentals,
proceeds from the sale of assets, and interest. Also revenues
shall include advances ,from the City and insurance proceeds.
(b) Expenses. "Expenses" shall mean all cash expendi-
tures and losses of any kind from the operation of the
Facility, including but not limited to:
(i) Payroll, payroll taxes, employee benefits and
unemployment insurance and taxes;
(ii) Payments for food, beverage, merchandise and
supplies;
(iii) Insurance costs;
(iv) Payments for advertising and promotion of the
Facility;
City of North Richland Hills/Recreational Services, Ltd.
,tP~r~J §~v-j.:C,~~ :~~c~':!.~~ ~~~cf-m~nt
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(v) Lease payments and debt service payments for
equipment, furniture, fixtures and other capital items,
provided that the purchases or leases o~ thè item were
approved by the City;
(vi) License fees, dues and subscriptions;
(vii) Expenses of hiring and training personnel;
(.J
(viii) Costs of maintaining the Golf Course and
Clubhouse; and
(ix) All management fees paid to RSL in accordance
with this Agreement, including the Fixed Fee and any
Contingent Fee.
(c) Approved Capital Expenditures. "Approved Capital
Expenditures" shall mean all cash payments for equipment,
furniture, fixtures, Facility improvements and other capital
items approved by the City.
(d) Debt Service on Initial RSL Capital. Once the
amount to be funded by RSL for the Facility has been deter-
mined in accordance with paragraph 2 (d) above and RSL has
funded such amount, RSL shall begin repayment of that amount
from the Facility in level monthly payments based (adjusted
for changes in interest rates) on a IO-year amortization,
bearing interest at the rate of two percent (2%) over bank
prime per annum. All payments made from the Facility to RSL
are referred to herein as the "Debt Service on Ini tial RSL
Capital."
(e) Approved Reserves. "Approved Reserves" shall mean
the amount of cash approved by the City to be held by RSL for
operation of the Facility for ,the then upcoming three-month
period. .
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4. Advances from the city. If at any time the Net Cash Flow
from the operation of the Facility is not sufficient to meet the
Debt Service on Initial RSL Capital and Approved Capital Expendi-
tures and Expenses as they become due, the City shall advance to
RSL the amount of cash necessary to meet such obligations.
5. Fiduciary Relationship_ All of the Revenues and Expenses
arising in connection with the operation of the Facility shall
City of North Richland Hills/Recreational Services, Ltd.
_.p~_r_s-9J1jl_l ~jr\tj.:ø:._s ~~~~~tJ~~t M:reem.ent
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belong to or be owed by RSL, all employees of the Facility shall
be employees of RSL, and all assets and liabilities located at the
~ .
Facil'ity (other than the Golf Course, the Clubhouse and other
start-up items funded by the City in accordance with paragraph 2(d)
above) shall be the property or obligation of RSL.
However, RSL
()
shall maintain a separate account for the receipt of Revenues and
advances from the City and the payment of Expenses and approved
capital expenditures I which account shall be designated as the
"Facility Account." RSL shall have a fiduciary- duty to the City
with respect to its operation of the Facility, faithfully account-
ing to the City and paying all payments due to the City in
accordance with this Agreement. RSL shall in no way commingle the
Revenues and advances from the City with other money or accounts,
and it shall not take any money or property from the Facility
Account or the Facility except for the Debt Service on Initial RSL
Capital and Management Fees and expense reimbursements set forth
in this Agreement. In addition, no purchase of goods or services
shall be made by RSL as an asset ,or Expense of the Facility from
an entity affiliated with RSL.unless such purchase is on terms
-
reasonably competitive with terms available from non-affiliated
sources. Any breach of the covenants contained herein shall be a
breach of the fiduciary obligation of RSL to the City hereunder.
6 .
Manaqement Fees.
In exchange for the services to be
rendered by RSL hereunder, RSL shall be reimbursed from the
Facility Account for all direct and indirect out-of-pocket expenses
incurred by it in connection therewith, and RSL shall be paid the
City of North Richland Hills/Recreational Services, Ltd.
PersQnal ~e~v~øes HAÐAgam.nt Aqreement
"P:áCJé t5
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Fixed Management Fee.
In addition, for periods in which it is
earned, RSL shall be paid the Contingent Management Fee from the
Fiduciary Account.
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(a) Fixed Manaqement Fee. The Fixed Management Fee for
each month during the term of this Agreement shall be the
following:
(j
(i) $5,500 from the start Date through September
30, 1991;
(ii) $6,050 from October I, 1991, through September
30, 1992;
(iii) $6,650 from October I, 1992, Jthrough September
30, 1993;
(iv) $7,300 from October I, 1993, through September
30, 1994; and
(v) $8,050 from October 1, 1994, through the end
of the term of this Agreement.
(b) Accrual and Payment ofContinqent Manaqement Fee.
The Contingent Management Fee shall be payable from the
Facility Account in the first month following a calendar year
in which the Revenues (other than interest and proceeds from
the sale of assets, hereinafter referred to as "Gross
Revenues") are not less than the following amounts:
(i) $597,600 for 1990;
( ii) $975,500 for 1991;
(iii) $'1,187,300 for 1992;
(iv) $1,398,000 for 1993;
(v) $1,481,800 for 1994; and
(vi) $1,570,700 for 1995.
For the calendar year in which this Agreement is terminated,
the Gross Revenues for the calendar year shall be reduced
based on a reasonable proration. If the Gross Revenues for
any period are less than the amount stated above, the City
may, in its discretion, consent to the payment of all or any
portion of the Contingent Management Fee for that period.
City of North Richland Hills/Recreational Services, Ltd.
Personal S~r",.r~.r:~~ M_ana.qement Agreement
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(c) Amount of Contingent Manaqement Fee. The amount of
the Contingent Management Fee, if and when earned hereunder,
shall be the lesser of: (i) the Fixed Management Fees for the
calendar year, or (ii) the following for the~perio9s stated
"below:
(i) For 1990: Five percent (5%) of the Gross
Revenues in excess of $597,600;
(ii) For 199J¡:
. (A) $500 if Gross Revenues are less than
$1,300,500; or
(B) $500, plus five percent (5%) of the excess
over $1,300,500, if the Gross Revenues exceed
$1,300,500.
(iii) For 1992:
(A) $39,800 if Gross Revenues are less than
$1,583,100; or
(B) $39,800, plus five percent (5%) of the
excess over $1, 583, 100, if the Gross Revenues exceed
$1,583,100.
(iv) For 1993:
(A) $77,800 if Gross Revenues are less than
$1,864,000; or
(B) $77,800, plus five percent (5%) of the
excess over $1,864,000, if the Gross Revenues exceed
$1,864,000.
(v) For 1994:
(A) $84,200 if Gross Revenues are less than
$1,975,800; or
(B) $84,200, plus five percent (5%) of the
excess over $1,975,800, if the Gross Revenues exceed
$1,975,800.
(vi) For 1995:
(A) $90,700 if Gross Revenues are less than
$2,094,300; or
City of North Richland Hills/Recreational Services, Ltd.
Personäl ~~~i~~s Hanâqement Aqreement
Pã~e 8
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(B) $90,700, plus five percent (5%) of the
excess over $2, 094, 300, if the Gross Revenues exceed
$2,094,300.
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'For the calendar year in which this Agreement is terminated,
the Contingent Management Fee for the calendar year shall be
reduced based on a reasonable proration.
7 .
Accounting.
RSL shall maintain books and records
relating to the business ac~ivities of the Facility in accordance
~ith generally accepted accounting principles, separate from its
other books and records. Soon after the start Date and the funding
of the Initial RSL Capital, RSL shall hire accquntants on behalf
of the Facility to prepare an opening balance sh~et listing the
assets and liabilities used or incurred in the operation of the
Facility.
Thereafter, monthly financial statements shall be
prepared as an Expense of the Facility 1 Which statements shall
include unaudited balance sheets and income statements (the
"Financial statements") prepared as if the operation of the
Facility is a business entity separate from RSL and the city. The
balance sheet shall reflect all of the assets remaining unsold
^hich were purchased with the Initial RSL Capital, with subsequent
advances to the Facilìty Account by the City, or with Revenues from
the Facility. RSL shall deliver a copy of each Financial statement
Nithin a reasonable time after the end of each month. In addition,
RSL shall deliver a copy of its audited financial statements for
each calendar year beginning with 1988 and continuing until the
termination of this Agreement. At any time during the term of this
Agreement, the ci ty shall be enti tIed to inspect the books and
records of the Facility, and it may conduct an audi t of the
City of North Richland Hills/Recreational Services, Ltd.
Personal Services Management Agreement
Pacre 9
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Facility and the Financial statements, provided that any expense
incurred by the city in conducting an inspection or audit shall be
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borne' by the city.
8 .
Termination Option.
In addition to the termination
option described in paragraph 1 above, the City shall have the
(J
option of terminating this Agreement in the event of a default by
RSL hereunder.
(a) Defaul t. The following shall, unless cured in
accordance with paragraph B below, constitute a default by
RSL (a "Default"):
(i) Any breach of the fiduciary obligation of RSL
under paragraph 5 of this Agreement;
(ii) The filing of a voluntary petition for protec-
tion under federal bankruptcy laws, or the failure to
obtain the dismissal of an involuntary petition under
federal bankruptcy laws within thirty (30) days after
filing;
(iii) A discontinuance by RSL of its business or
abandonment of its activities at the Facility; or
(iv) A failure of RSL to perform its duties under
this Agreement or the Construction Agreement.
(b) Cure. RSL shall have thirty (30) days after written
notice from the City specifying the nature of its Defaul t
under paragraph (a) (iv) .abdve., within which to cure such
Default, provided that if the nature of the Default is such
that it cannot be fully cured within thirty (30) days, RSL
shall have such additional time as may be reasonably necessary
to cure such Default so long as RSL diligently pursues cure
of the Default.
(c) Exercise of Termination Option. The City may
exercise its option hereunder to terminate this Agreement by
giving written notice of the Default to RSL. In the event of
a Default under paragraphs (a) (i), (ii) or (iii), this
Agreement shall terminate immediately upon delivery of written
notice from the City to RSL of its election. to terminate the
Agreement. In the event of a Default under paragraph (a) (iv),
this Agreement shall terminate upon expiration of the cure
period under paragraph (b) following delivery by the City to
City of North Richland Hills/Recreational Services, Ltd.
PersoR.al servi-G·es Ma-nagem&R·t Ag:r;eemen·t Page ';.:10
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RSL of its election to terminate the Agreement provided that
RSL has not timely cured the Default.
9.
Transfer Upon Termination.
Upon termiJ;1atiion of this
Agreement, RSL shall sell, transfer and assign all of the assets
To I~'¡¿' c ,.i"y
which would properly be reflected on the Financial statements of
the Facility as provided in ~aragraph 7 of this Agreement, and the
City shall repay the then remaining Debt Service on Initial RSL
Capital in lump sum and assume all liabilities which would properly
be reflected on the Financial statements and all obligations and
contingent liabilities relating to the Facility, other than
contingent tort liabilities which result from the intentional
wrongdoing of RSL or its agents and other insured tort liabilities.
(a) Assets to be Transferred. Said assets shall
include, but not be limited to, all of.RSL's right, title and
interest to any of the following arising out of activities of
the Facility or purchased by RSL from the Initial RSL Capital,
advances from the City, or Revenues of the Facility (other
than insurance proceeds relating to liabilities not required
to be assumed by the Ci ty) ,:
(i) Cash, including the Facility Account;
(ii) Accounts receivable;
(iii) Other rece~vables;
(iv) Inventories of merchandise, food, beverages and
supplies;
(v) All equipment, furniture and fixtures;
(vi) prepaids and deposits;
(vii) Contract rights;
(viii) Trade names;
(ix) Books and records; and
(x) Goodwill.
City of North Richland Hills/Recreational services, Ltd.
Personal Services Management Agreement Page 11
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(b) Liabilities to be Assumed. Said liabilities shall
include but not be limited to all debts and obligations of RSL
arising out of the operation of the Facility remaining unpaid
or unsatisfied at that time, other than to~t iiabilities
resul ting from the intentional wrongdoing of RSL or its
agents.
(c) Closing. The transfer of assets, payment of the
Debt Service on Initial RSL Capital and assumption of
liabilities shall occ~r on or within a reasonable time
following the date on which this Agreement is terminated.
10. Indemnity. RSL is not an agent or employee of the City
hereunder, and all of its activities relating to the Facility shall
be in its capacity as independent contractor to.the City.
(a) Obliqations of the Facility. Provided that the City
is not in breach of its obligations hereunder, at the Expense
of the Facility RSL shall pay all obligations and defend all
disputed claims arising out of or resulting from RSL's
activities conducted in connection with or incidental to this
Agreement.
(b) Indemnification bv RSL. RSL agrees to indemnify,
hold harmless and defend the City, its officers, agents and
employees, from and against all liability for any and all
claims, liens, suits, demands or actions for damages, injuries
to persons (including death), property damage (including loss
of use), and expenses, including court costs and attorneys'
fees and other reasonable costs arising out of or resulting
from RSL's intentional acts or other insured tort liabilities.
(c) Indemnification by the City. The city agrees to
indemnify and hold harmless' and defend RSL, its officers,
agents and employees, from and against all liabilities for any
and all claims, liens, suits, demands or actions for damages,
injuries to persons (including death), property damage
(including loss of use), and expenses, including court costs
and attorneys' fees and other reasonable costs arising out of
or resul ting from the liabilities and obligations to be
assumed by the City in accordance with paragraph 9 of this
Agreement.
(d) Notice of Claims. RSL and the City will provide
each other with prompt and timely notice of any event covered
by the indemnity section of this Agreement and in the event
a claim or action is filed, each party may employ attorneys
of its own choosing to appear and defend the claim or action
on its behalf.
City of North Richland Hills/Recreational Services, Ltd.
Per son a 1 S e r~' ice :--; '\ " .--: ':"" -- ". -. ':-' ~.~ - ,- -- -: --...... Q --; ~ T'\ ~ ~ _.,"'" ..,...
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11. Insurance. As an Expense of the Facility, RSL agrees to
. obtain public liability insurance of the types and in the amounts
set forth below from an underwriter licensed to do business in the
State of Texas.
RSL shall furnish to the City certificates of
insurance or copies of the policies, evidencing the required
(j
insurance within thirty (30) days of the start Date, and thereafter
shall furnish new certificates thirty (30) days prior to the
expiration date of the previous certificate(s).
So long as the
City is not in breach of this Agreement, RSL agrees to secure and
maintain the following types and amounts of insurance, for the term
of this Agreement.
(a) Type and Amount of Insurance. The type and amount
of insurance to be obtained for the Facility is as follows:
"TYPE"
"AMOUNT"
1.
Worker's Compensation and
Employer's Liability
Statutory
2 .
Comprehensive General (Pub-
lic) Liability (or its equi-
valent) - to include (but
not limited to) the follow-
ing:
Bodily Injury:
$500,000 - per person
$1,000, 000 - per occurrence
and
Property Damage:
$250,000 - per occurrence
or
$1,000,000 Combined Single
Limit for bodily injury and
property damage.
(a) Premises/Operations
(b) Independent Contractors
(c) Personal Injury
(d) Products/Completed
Operations
3 .
Fidelity Insurance - cover-
ing all employees and
officers having access to
monies collected.
Amount sufficient to protect
the loss of the largest dol-
lar amount in the control or
possession of an employee at
any given time, but not less
than $125,000 or such other
amount as requested by the
City.
City of North Richland Hills/Recreational Services, Ltd.
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4 .
Property Insu~ance for
physical damage to the
property of RSL located at
the Facility, including
improvements and betterments
to the Facility.
Coverage for minimum of one
hundred percent (100%) of the
fair market value- of prop-
erty . ~
5.
Comprehensive Automobile
Liability (or its equiva-
lent) - to include cov~rage
for:
Bodily Injury:
$500,000 per person
$1,000,000 per occurrence
and
Property Damage:
$250,000 per occurrence
or
$1,000,000 Combined Single
Limit for bodily injury and
property damage.
(a) 'Owned/Leased Automo-
biles
(b) Non-owned Automobiles
(c) Hired Cars
(b) Additional Insurance Requirements. With respect to
the above-described insurance, RSL agrees to:
(i) Have the City named as an additional insured,
or an insured as its interest may appear.
(ii) Provide for a Waiver of Subrogation in favor
of the City.
(iii) Provide thirty (30) days I written notice of any
material change, termination or cancellation.
12. Miscellaneous.
(a) Assignment. The rights and obligations under this
agreement are not assignable by either party without the
written consent of the other party hereto; provided, however,
that such consent shall not 'be unreasonably withheld taking
into account onl~ the capability of the proposed assignee to
perform the duties of the assignor hereunder.
(b) Notices. In the event of delivery of any notice
provided for or required under this Agreement, the notice
shall be in writing and shall be effective upon delivery if
delivered in person or by messenger, or upon the third
business day fOllowing deposit in the United states mail, if
mailed certified mail, return receipt requested, postage
prepaid, to the address of the addressee as follows:
If to the city:
The City of North Richland
Hills .
7301 N.E. Loop 820
North Richland Hills, TX 76180
City of North Richland Hills/Recreational Services, Ltd.
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.... :.
If to RSL:
Recreational Services, Ltd.
3012 Fairmount
Dallas, TX 75201
~
Attn: Mr. Martin J. Streiff,
President
With a copy to:
White, Cox & Larson, P.C.
3012 Fairmount
Dallas, TX 75201
(J
Any party may change its address for notification purposes by
giving the other parties written notice of such change in the
manner provided above.
(c) Entire Aqreement. This Agreement constitutes the
entire agreement between the parties pertaining to the subject
matter hereof, and this Agreement supersedes all prior letter
agreements and' correspondence wi th respect to the subj ect
matter of this Agreement.
(d) Applicable Law. This Agreement shall be construed
and enforced in accordance wi th the laws of the state of
Texas, and shall be enforceable in Tarrant County, Texas.
(e) Attorneys' Fees. In the event any party to this
Agreement shall institute legal proceedings or be the
defendant in legal proceedings for the purpose of enforcing
the terms and provisions of this Agreement and shall prevail
in a final, non-appealable judgment entered by a court of
competent jurisdiction, then the non-prevailing party shall
reimburse the prevailing party for all attorneys' fees and
court costs incurred as a result of such proceedings.
(f) Parties Bound. With the exception of the limitation
on assignability of this Agreement as provided above, this
Agreement shall bind the r~spective successors and assigns of
the parties hereto.
(g) Headings. The headings used in this Agreement are
used for administrative purposes only, and do not constitute
substantive matter to be considered in construing the terms
of this Agreement.
(h) Leqal Construction. In case anyone or more of the
provisions contained in this Agreement shall, for any reason,
be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall
not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal or unenforce-
able provision had never been contained herein.
city of North Richland Hills/Recreational Services, Ltd.
Personal Services ~-AE]:J:eement P.a.~ê::.i~
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IN WITNESS WHEREOF, this Agreement has been entered into
as of the date first written above.
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ATTEST:
The City:
THE CITY OF NORTH RICHLAND HILLS,
TEXAS
(J
B ·
, \ \
RSL:
RECREATIONAL
By:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in
and for the state of Texas, on this day personally appeared ____
'-, ~~~~-/' '~~ of THE CITY OF NORTH
RICH LAND - ILLS, TEXAS, known to me 0 be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein
expressed, in the capacity therein stated, and as the act and deed
of said city.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~day
of September, 1988.
My commission expires:
~~~~~~.J
Notary b'lic in and for
the State of Texas
0;4A/v ~~~<'::-
(PRIÐTED NAME OF NOTARY]
~r~
\ \
t' . \) \
/ ¡ 1'1 \ ,\ ') \
t\ I' ! \ \ \
" ,
City of North Richland Hills/Recreational Services, Ltd.
Personal Services Management Agreement Page 16
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STATE OF TEXAS §
§
COUNTY OF DALLAS §
,.
BEFORE ME, the undersigned authority, a Notary Public in
and for the state of Texas, on this day personally appeared MARTIN
J. STREIFF, President of RECREATIONAL SERVICES, INC., which is the
General Partner of RECREATIONAL SERVICES, LTD., a partnership,
known to me to be the person whose name is subscr ibed to the
foregoing instrument, and aSfnowledged to me that he executed the
same for the purposes and consideration therein expressed, in the
capacity therein stated, and as the act and deed of said partner-
ship.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~, day
of September, 1988.
My commission expires:
Notary P ic in and,. for \
the state of Texas"!.! j\.\)\
. . . ,)
",.,.-' 0 · - ".' :,' I ì \ \
L?//!./~ ~/!!t2,& ,
[PRINT D NAME OF NOTARY]
1~~9~
la\WP\RSL\PERSERMA
city of North Richland Hills/Recreational Services, Ltd.
Personal Services Management Agreement Page 17
CITY OF
NORTH RICHLAND HILLS
Department:
Economic Development
9/20/88
- Council Meeting Date:
Subject:
Approval of Construction Supervision Contract
with Recreat1ona~ Serv1ces L1m1tea.
Resolution No. 88-36
GN 88-81
Agenda Number:
Attached is the proposed contract with Recreational Services Limited for the superv1s1on
of design and construction of the golf course. The details conform to the proposal by
Recreational Services Limited submitted earlier.
RECOMMENDATION:
Approve Resolution No. 88-36 allowing supervision of design and construction
by Recreational Services Limited.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other tí
Finance Review
Acct. Number
Sufficient Funds Available
;eft~
, ~
City Manager
. Finance Director
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RESOLUTION NO. 88-36
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLANO
HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the attached
contract with Recreational Services Limited as the act and deed of the
City.
PASSED AND APPROVED this 20th day of September, 1988.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
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Attorney for the City
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MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
lOOP 820 - OCTOBER 10, 1988 - 7:30 P.M.
1.
CALL TO ORDER
Present:
Mayor Brown called the meeting to order October
2.
ROLL CAll
Tommy Brown Mayor
Lyle Welch Councilman
Mack Garvin Councilman
Frank Metts, Jr. Councilman
Virginia Moody Councilw an
Byron Sibbet Counci an
Linda Spurlock Coun lwoman
Staff:
Rodger N. Line City Manager
Dennis Horva Senior Assistant City Manager
Patricia H son Assi.stant City Secretary
Rex McEn re Attorney
Richar Albin Cit~ Engineer
A ent:
ichard Davis
Jeanette Rewis
Mayor Pro Tern
City Secretary
.3.
INVOCATION
ounci~man Welch gave the invocation.
4.
MINUTES OF THE SPECIAL MEETING SEPTEMBER 20, 1988
APPROVED
Councilman Garvin moved, seconded by Councilman Metts, to approve the
minutes of the September 20, 1988 Special Meeting.
Motion carried 4-0; Councilwomen Moody and Spurlock abstaining due to
absence from the meeting.
5.
MINUTES OF THE'REGUlAR MEETING SEPTEMBER 26
APPROVED
Councilman Garvin move ed by Councilman Sibbet. to approve the
~ ember 26. 1988 meeting.
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September 20, 1988
Page 4
Mr. Streiff replied no.
Motion, with changes as noted, carried 5-0.
7.
GN 88-81 APPROVAL OF CONSTRUCTION SUPERVISION CONTRACT
WITH RECREATIONAL SERVICES LIMITED _
RESOLUTION NO. 88-36
APPROVED
Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve
Resolution No. 88-36.
Mayor Pro Tern Davis referred to Item 7(c) - Full Time Site Superintendent
and Inspector - and asked if that had been budgeted for. .
Mr. Sanford stated that was a part of Recreational Services Limited's
proposal.
Motion carried 5-0.
8.
ADJOURNMENT
Mayor Brown adjourned the meeting.
ATTEST:
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STATE OF TEXAS
COUNTY OF TARRANT
CONTRACT FOR SERVICES
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WHEREAS, the City of North Richland Hills, Texas (hereinafter
called City is desirous of building a daily fee golf course pursuant
to plans and specifications heing developed by Dick Phelps under a
contract of 12 September 1988; and
WHEREAS, The City desires to engage the professional services
of Recreational Services Limited and in particular its principal
Martin Streiff to oV~rsee and supervise the design and construction
of said golf course; and
WHEREAS, Recreational Services has expertise in this field and '
is willing to enter into this agreement.
NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS that the City
does hereby engage the professional services of Recreational
Services Limited in connection with the construction of the proposed
golf course. The parties agree as follows:
1.
That Recreational Services Limited shall act as independent
contractor, and not as an employee, in supervising the construction
of subject golf course.
2.
That Recreational Services Limited will coordinate its
activities with the activities of the architect in order to
facilitate the completion of plans and specifications and will
provide bid documents in order to seek bids for construction of each
phase of the, golf course.
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3.
That Recreational Services Limited will seek ou~ exþ~rienced
bidders and request them to bid on the various phases of the golf
course construction and will provide its expertise in advising the
City Council on acceptance of ~ids and bidders. Recreational
Services Limited will further advise the City with respect to
minimum qualifications of bidders in preparation of documents
prescribing requirements for bidders.
4.
The supervision of construction embraced by this contract
contemplates reasonable on site supervision. The City agrees to
give Recreational Services Limited reasonable notice if at any time
during construction it is dissatisfied with the nature of on site
supervision provided. Recreational Services Limited agrees to
perform its duties in a good and workmanlike manner. In the event
that the City is dissatisfied with the performance by Recreational
Services Limited it agrees to give Recreational Services Limited 30
days notice of its complaints and R~creational Services Limited
shall be obligated to correct the'deficiencies, if any, during such
period. The City,shall have the right to cancel this agreement if
Recreational Services Limited fails to perform in a good and
workmanlike manner after the notice set out above.
5.
The City agrees to fully cooperate with Recreational Services
Limited in preparation of bid documents and the City will pay for
all bidding expenses including but not limited to publication and
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promulgation of notices and dissemination of bid documents. The
parties recognize that the project which is the subject matter of this
agreement is a public works project and that bidding ånd payment
procedures will be governed by the laws which deal with public works
projects.
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6.
The City agrees to pay for the construction of the golf course
in its entirety including all architect and engineering fees,
construction costs, and other incidental costs connected with
construction of the subject golf course.
7.
The City agrees to pay to Recreational Services Limited for its
professional services rendered pursuant to their contract as follows:
a. The sum of $5,000.00 on the 1st day of October, 1988, with a
like sum to be paid on the same day of each month thereafter until the
day the golf course opens for public play.
b. All reasonable out of pocket expenses paid on behalf of the
City by Recreational Services Limited. Expenses shall not include
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travel expenses to and from the golf course or any other travel
expense unless the travel is approved in advance by the City Manager.
Expenses shall not include general overhead of Recreational Services
Limited involving labor, rent, telephone and related general expenses
of Recreational Services Limited.
c.
The Sum of $3,500.00 per month for the services of a full
time site superintendent and inspector who will begin his work at
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about three months from the time the initial work on the golf course
is commenced.
WITNESS our hands this ~~
ATTEST:
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day of
~~A:)
, 1988.
City
(] by:
Texas
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