HomeMy WebLinkAboutResolution 2004-077
RESOLUTION NO. 2004-077
BE IT RESOLVED BY THE elTY COUNelL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that:
1.
The City Manager be, and is hereby, authorized to execute the attached City-
Developer Agreement with RIF 102, L.L.C. for impact fee reimbursement for water line
construction to seNe Brentwood Estates Addition, Block 5, Lots 1-4 as the act and deed
of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 13th day of December, 2004.
A~O FORM AND LEGALITY:
--~
City Attorney
APPROVED AS TO CONTENT:
~ C.1;;-
Mi e urtlS, Public Works Director
CITY OF NORTH RICHLAND HILLS
CITY -DEVELOPER AGREEMENT
STATE OF TEXAS §
§
COUNTY OFT ARRANT §
KNOW ALL MEN BY THESE PRESENTS
THAT RIP 102, L.L.C. (hereinafter "Developer"), a South Carolina Limited Liability
Company, acting herein by and through its Manager, Realticorp, a Delaware Corporation, and the
City of North Richland Hills, Tarrant County, Texas (hereinafter "City"), enter into the following
contract:
In consideration of the mutual covenants herein contained and for the purpose of providing
water system improvements as indicated in the construction documents titled "Brentwood Estates
Addition, Block 5, Lots 1-4," the Developer and the City hereto agree:
1. The Developer has paid to the City all processing fees and has furnished the necessary
pennits, easements, and right-of-way as required for the construction ofthe above referenced
facilities. In addition, the developer has delivered construction plans, specifications and all
other necessary contract documents prepared by a registered professional engineer, and will
also furnish construction surveying, cut sheets and field adjustments.
2. The Developer has entered into a contract with the Contractor who will perfonn the work and
who will be paid by the Developer as specified in the construction contract documents.
Monthly pay estimates shall be subject to City's review.
3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that
the construction is in accordance with the project specifications and the City standards.
4. The Developer understands and agrees that he has no authority to cancel, alter or amend the
tenns of the construction contract without specific written authority ofthe City, and that he
shall be responsible for paying the costs of any cancellations, additions, alterations or
amendments to the contract unless specifically provided otherwise by written authorization
from the City.
5. The Contractor has provided to the City on City fonns, maintenance bonds in the amount of
twenty (20%) percent of the contract price.
6. The City agrees to participate in the cost of the facilities after construction is complete and
accepted. The description and amount of participation is as follows:
City-Developer Agreement - Brentwood - Page 1
W:INRH\General\AgreementsICity-Dev Agreement Brentwood. wpd
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount agreed
upon below, after construction of the improvements is complete and accepted by the City.
lfthe actual amount paid to the Contractor is less than the bid amount, the City participation
will be reduced accordingly.
FACILITIES
Eligible
Amount
Eligible
Percent
Bid
Amount
Participation
WATER
8" Water Lines: $38,189.00 73.3,8%
8918
located along North Tarrant Parkway
$41,852.10 $30,711.07
Total:
$38,189.00
$41,852.10 $30,711.07
Total Max. Reimbursement
$30.711.07
7. The City will provide the inspection as required and upon satisfactory completion of the
work, the City will accept ownership and operation of the system subject to the terms of the
maintenance bonds.
8. The Developer further covenants and agrees to, and by these presents does hereby, fully
indemnify and hold harmless the City, its officers, agents, and employees from all suits,
actions, or claims of any character, whether real or asserted, brought for or on account of any
injuries or damages sustained by any persons (including death) or to any property, resulting
from or in connection with the construction, design, performance or completion of any work
to be performed by said Developer, his contractors, subcontractors, officers, agents or
employees, or in consequence of any failure to properly safeguard the work, or on account
of any act, intentional or otherwise, neglect or misconduct of said Developer, his contractor,
subcontractors, officers, agents, or employees, whether or not such injuries, death or damages
are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills,
its officers, agents, servants, employees, contractors or subcontractors.
9. Upon completion ofthe work, good and sufficient title to all facilities constructed warranted
free of any liens or encumbrances is hereby vested in the City of North Richland Hills,
Texas.
City-Developer Agreement - Brentwood - Page 2
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This Agreement was ap~roved in its e,ntirety at the meeting of the City Council of the City
of North Richland Hills on the ~ day of be~1cR--'f ,2004, by a majority vote
of the Council.
By:
By:
By:
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
~c~-
Department Head
RlF 102, L.L.c.
REAL TICORP, Manager ofRlF 102, L.L.c.
~
Alan Balle~resident
CITY OF NORTH RlCHLAND HILLS
\.
City-Developer Agreement - Brentwood - Page 3
W:INRH\General\AgTeementsICity-Dev Agreement Brentwood. wpd