HomeMy WebLinkAboutResolution 2000-043
RESOLUTION NO. 2000-043
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 TMC Management Company concerning impact fee
reimbursement for Sanitary Sewer Main BB 1.1, located in the northeast corner of the
City limits across and along Davis Boulevard near Precinct Line Road.
PASSED AND APPROVED, this the 26th day of June, 2000.
APPROVED:
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Patricia Hutson, City Secretary
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ITY:
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APPROVED AS-TO CONT.ENT:
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Gregory . Di
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CITY OF NORTH RICHLAND HILLS, TEXAS
CITY-DEVELOPER AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
THE COUNTY OF TARRA.NT:
That, TMC Management Company 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 following contract:
In consideration of the mutual covenants herein contained and for the purpose of
providing sanitary sewer system improvements as indicated in the construction documents
titled "Sanitary Sewer BB1.l" 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
ad jus tments .
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, a 2-year maintenance bond 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:
TMC Management Company
Sanitary Sewer Main BBI,]
Page] of 3
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 the 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.
WATER AND WASTEWATER IMPACT FEE STUDY
d d J I 3 1 1997
ate uly ,
Maximum
Total Total Cost Eligible City's
Facilities Assessable per Bid Percent Participation
Cost per Study
SEWER:
8" Sewer Main: BB 1.1 $67,548.00 $89,795.00 73.02 % $65,568.31
East from Lot 73,
Block 2, Steepleridge
Addition, along the
north property line of
Tr. 11 C, Peck Survey,
then across Davis
Blvd. and south along
east side of Davis
Blvd., across Precinct
Line Road south for
approximately 420'.
Total $67,548.00 $89,795.00 $65,568.31
Total Max. Reimbursement $65,568.31
7. The City will provide the inspections as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents, and employees
from all suites, actions or claims of any character, whether real or asserted, brought for
or on account of any injuries or damages sustained by any persons (including death) or
to any property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said developer, his
contractors, subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said developer, his contractors, subcontractors,
officers, agents, or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of North Richland
Hills, its officers, agents, servants, employees, contractors or subcontractors.
TMC Management Company
Sanitary Sewer Main 881,1
Page 2 of 3
9. Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills.
10.
Special provisions:
None
IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4)
counterparts, each of which shall be deemed an original on this the 14- ih day of
~-écV02---- ,2000.
TMC Management Company
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By: '''J'~$, /v1J..rE()5.
(Primed name and title) F1 {:)s,; c.e..,(]\
STATE OF TEXAS
COUNTY OF T/}r1(Z.PN-¡
This instrument was acknowledged before
5AiHE~o /v!A-~105 ' ílè
(name) (rir/e)
2c£o
t-1AJ2.- 14 , ~by
, TMC Management Company.
(S
GREGORY W. DICKENS
Notary Public. State of Texas
My Commission Expires
September 11, 2003
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Commission Expires:
Notary Public Printed Name
CITY OF NORTH RICHLAND HILLS
Larry J. Cunningham, City Manager
Patricia Hutson, City Secretary
ATTEST:
TMC Management Company
Sanitary Sewer Main BB1.1
Page 3 of 3