HomeMy WebLinkAboutResolution 2006-090
RESOLUTION NO. 2006-090
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS, THAT:
1.
The City Manager be, and is hereby authorized to execute the attached City-
Developer Agreement with Arcadia Land Partners 16, Ltd. for Impact Fee
Reimbursement for Water Lines (identified as Segment P-8276, Segment P-8277,
Segment P-8939) located in Home Town NRH West Phase III as the act and deed of
the City.
PASSED AND APPROVED this the 23rd day of October, 2006.
CITY
Patricia Hutson, City Secretary
George A. Sta les, City Attorney
APPROVED AS TO CONTENT:
71/ \.~ C~~ -1;--
Mike C'urtis, P.E., Public Works Director
CITY OF NORTH RICHLAND mLLS
CITY-DEVELOPER AGREEMENT
FOR IMP ACT FEE CREDIT
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOWN ALL MEN BY THESE PRESENTS
The parties to this contract are Arcadia Land Partners 16, Ltd., of the County of Dallas,
State of Texas (hereinafter "Developer"), and the City of North Richland Hills, Tarrant County,
Texas (hereinafter "City").
WITNESSETH:
For and in consideration of the mutual covenants herein contained and for the purpose of
providing public water improvements shown in the construction documents titled "Home Town
NRH West Phase III - Tracts W5, W8 & W9" (2004) the Developer and the City hereto agree:
1. The Developer has paid to the City all processing fees and has furnished the
necessary permits, easements, and right-of-way as required for the construction of
the above referenced facilities. In addition, the Developer has delivered
construction plans, specifications and all other necessary contract documents
prepared by a registered professional engineer, and has also furnished
construction surveying, cut sheets and field adjustments.
2. The Developer agrees to provide, at no cost to the City, all testing necessary to
insure that the construction is in accordance with the project specifications and
the City standards.
3. The Developer has provided to the City on City Forms, maintenance bonds in the
amount of twenty (20%) percent of the contract price.
4. The City agrees to participate in the cost of the facilities by crediting certain
impact fees to Developer after construction is complete and accepted. The
description and amount of participation is as follows:
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the agreed
upon below, after construction of the improvements have been completed and accepted by the
City. If the actual amount paid to the Developer is less than the bid amount, the City
participation will be reduced accordingly.
City-Developer Agreement - Arcadia Land Partners 16, Ltd. - Page J
Eligible Calculated I
Facilities Construction Eligible Maximum Developer's Reimbursement )
(Water) Cost Percentaqe Reimbursement Cost Amount
P.8276 $53,731.00 73.38% $39,427.81 $59,985.00 $39,427.81
P.8277 $24,070.00 73.38% $17,662.57 $26,365.89 $17,66257
P.8939 $12,558.00 73.38% $9,215.06 $13,756.11 . $9,215.06
Totals
$90,359.00
$66,305.43
$100,107.00
$66,305.43
TOTAL MAXIMUM REIMBURSEMENT = $66.305.43
5. The City will provide inspection as required and upon satisfactory completion of
the '\lork, the city will accept ownership, maintenance and operation of the system
subj ect to the terms of the maintenance bonds.
6. The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify and hold harmless the City, its officers, agents, and
employees from all suits, actions, or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection with
the construction, design, perfOlmance or completion of any work to be perfOlmed
by said Developer, his contractors, subcontractors, officers, agents or employees,
or in consequence of any failure to properly safeguard the work, or on accowlt of
any act, intentional or otherwise, neglect or misconduct of said Developer, his
contractor, subcontractors, officers, agents, or employees, whether or not such
injuries, death or damages are caused, in whole or in part, by the alleged
negligence of the City of North Richland Hills, its officers, agents, servants,
employees, contractors or subcontractors.
7. Upon completion of the work, good and sufficient title to all facilities constructed
wan"anted free of any liens or encumbrances shall be vested in the City of North
Richland Hills, Texas.
Arcadia L~d Pa."tne."s 16, Ltd.
.'.
N R H Council Action W N
Date Approved \D- 2~-'C:'{o
Agenda No~~ 2tS::1Cr-'~\
Grd I ~es No.2Cf::\o -C\ 0
By:
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John Hodge, President
City of No."th Richland Hills
By:
City-Developer A.gr·eement - A.rcadia Land Partners 16, Ltd. - Page 2
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Home Town NRH West, Phase III
Impact Fee Reimbursement
WATER