HomeMy WebLinkAboutResolution 2002-001
RESOLUTION NO. 2002-001
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 B.H.&L. Joint Venture concerning impact fee reimbursement
for water and sewer main construction to serve Forest Glenn East, Phase I as the act
and deed of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 14th day of January, 2002.
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\'-'/Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
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Mike urtis, lie Works Director
CITY OF NORTH RlCHLAND HILLS, TEXAS
CITY DEVELOPER AGREEJ\''ENT
THE STATE OF TEXAS
KNO\V ALL j\¡IEN BY THESE PRESENTS
THE COUNTY OF TARRANT:
That B. H, & L Joint Venture, John W. Barfield, Trustee, of the County of Tarrant, State of
Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of
Texas, hereinafter called "City", enter into the follO\ving 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 East
Phase I 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-\vay 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 wiIl 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 revie\v.
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 \vithout specific written authority of the City, and that he shaIl
be responsible for paying the costs of any cancellations, addition, alterations or amendments to
the contract unless specifically provided otherwise by written authorization from the City.
5. The Contractor has provided to the City on City forms, maintenance bonds in the amount of
twenty (20%) percent of the contract price.
6. The City agrees to participate in the cost of the facilities after construction is complete and
accepted. The description and amount of participation is as follows:
In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee 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.
Forest Glenn East Phase I
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\VA TER AND WASTEWATER IMP ACT FEE STUDY
, Dated July 31, 1997;
FACILITIES
\V A TE R
10" Water lines:
8216,8222,8223,8242,
& 8922 -
North Tarrant Parkway,
Valley Oaks Drive,
Glenmont Drive,
Spence Drive,
Shadywood Lane,
W cstwind Lane and
Forest Glenn Drive
8" Water lines:
8218, 8219, 8856, & 8927
Valley Oaks Dri ve,
Channel Crossing,
Vinewood Drive,
Park Brook Drive, and
Shadywood Lane
SEWER
Eligible
Amount
Eligible
Percent
Bid
Amount
Participation
$159,818.45 73.38%
$114,402.75 $83,948.74
$118,855.00 73.38%
$68,497.55 $50,263.50
8" Sewer line: $101,211.00 86.18%
LB-l.l & LB-1.2
Shadywood Lane,
Vinewood Drive,
Park Brook Drive, and
Cross North Tarrant Parkway
$101,723.60 $87,665.40
Total $379,884.45
Total Max. Reimbursement
$284,623.90 $221,877.64
$221.877.64
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 present does hereby, fully
indemnify, hold harmless the City, its officers, agents, and employees from all suites, actions, or
claims of any character, whether real or asserted, brought for or on account of any injuries or
Forest Glenn East Phase I
Page 20f4
,damages sustained by any persons (including death) or to any property, resulting from or in
','connection with the construction, design, performance or completion of any work to be
'performed by said developer, his contractors, subcontractors, officers, agents or employees, or in
consequence of any failure to properly safeguard the work, or on account of any act, intentional
or otherwise, neglect or misconduct of said developer, his contractor, subcontractors, officers,
agents, or employees, whether or not such injuries, death or damages are caused, in whole or in
part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants,
employees, contractors or subcontractors.
9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free
of any liens or encumbrances is here by vested in the City of North Richland Hills.
10. Special provisions: NONE
IN WITNESS WHEREOF, the parties to these present have executed this Contract in four (4)
counterparts, each of which shaIl be deemed an original on this the gt:A day of
~'k¡g""O' 2002.
STATE OF TEXA.S:
COUNTY OF TARRA1,\¡T:
This instrument was acknowledged before me on
W. Barfield, Trustee, B. H. & L. Joint Venture.
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by John
Commission Expires:
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Notary Public Signature
.
e SANDRA ROBERTS
.. Notary Public, Slale of Texa!
My Commission Expires
10-28-2005
Notary Public Printed Name
Forest Glenn East Phase I
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CITY OF NORTH RICHLAND HILLS
ATTEST:
gabu~~~
Patricia Hutson, City Secretary
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Forest Glenn East Phase I
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