HomeMy WebLinkAboutResolution 2004-024
RESOLUTION NO. 2004-024
BE IT RESOLVED BY THE CITY COUNCIL 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 J & J NRH100 Family Partnership concerning impact fee
reimbursement for water main construction to serve Forest Glenn West as the act and
deed of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 1 ih day of April, 2004.
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APPROVED: /Î
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Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
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APPROVED AS TO CONTENT:
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Mike Curtis, Public Works Director
CITY OF NORTH RICHLAND HILLS
CITY -DEVELOPER AGREEMENT
ST ATE OF TEXAS §
§
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
THA T J & J NRHIOO Family Partnership, John W. Barfield, Trustee, of the County of
Tarrant, State of Texas ( hereinafter "Developer"), and the City of North Richland Hills, Tarrant
County, Texas (hereinafter "City"), enter into the following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing water and sewer system improvements as indicated in the construction documents
titled "Forest Glenn West Addition" the Developer and the City hereto agree:
1 . The Developer has paid to the City all processing fees and has furnished the necessary
permits, easements, and right-of-way as required for the construction of the above
referenced facilities. In addition, the developer has delivered construction plans,
specifications and all other necessary contract documents prepared by a registered
professional engineer, and will also furnish construction surveying, cut sheets and field
adjustments.
2. The Developer has entered into a contract with the Contractor who will perform the work
and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates shall be subject to City's review.
3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that
the construction is in accordance with the project specifications and the City standards.
4. The Developer understands and agrees that he has no authority to cancel, alter or amend
the terms of the construction contract without specific written authority of the City, and
that he shall be responsible for paying the costs of any cancellations, additions, alterations
or amendments to the contract unless specifically provided otherwise by written
authorization from the City.
5. The Contractor has provided to the City on City forms, maintenance bonds in the amount
of twenty (20%) percent of the contract price.
6. The City agrees to participate in the cost of the facilities after construction is complete
and accepted. The description and amount of participation is as follows:
City-Developer Agreement - Forest Glenn West - Page J of3
City-Dev Agreement.Forest Glenn West
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount agreed
upon below, after construction of the improvements is complete and accepted by the City.
If the actual amount paid to the Contractor is less than the bid amount, the City
participation will be reduced accordingly.
Eligible Eligible Bid
FACILITIES Amount Percent Amount Participation
WATER
16" Water Lines $126,223.00 73.38% $166,246.00 $121,991.31
8225 & 8806
located along Bursey Road
Total:
$126,223.00
$166,246.00 $121,991.31
Total Max. Reimbursement
$121.991.31
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 tenns 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 perfonned 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 a]]eged negligence of the
City of North Richland Hills, its officers, agents, servants, employees, contractors or
subcontractors.
City-Developer Agreement - Forest Glenn West - Page 2 of 3
City-Dev Agreement.Forest Glenn West
9. Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills, Texas.
This Agreement was approved in its entirety at the meeting of the City Council of the
City of North Richland Hills on the l), day ofi/!;"r¡ / , 2004, by a
majority vote of the Council. '
By:
J NRH 100 F AMIL Y PARTNERSHIP
./
CITY OF NORTH RICHLAND HILLS
By L~l~ger
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
Department Head
Citv-Developer Agreement - Forest Glenn West - Page 3 ol3
City-Dev Agreement.Forest Glenn West