HomeMy WebLinkAboutResolution 1999-090
RESOLUTION NO. 99-90
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. NRH 100 Family Limited Partnership. concerning
impact fee reimbursement for sanitary sewer construction (L-1 0.4 and L-11.3), as the
act and deed of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 8th day of November, 1999.
APPROVED:
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(/!1~< . fJZj'7J /
harles Scoma, ~ayor
ATTEST:
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{, ¿¡2t¿ir.. é /.../¿¿-t:.:xÌ""---
Patricia Hutson, City Secretary
APPR~' AS TO:/M :~EGAUTY
(/~U
Rex k1cEntire, Attorney for the City
APPROVED AS TO CONTENT:
~
( IlY OF ~ORTH RICH L\ \.; D HILl S, TEX,\S
CITY-DEVELOPER AGREEME~T
THE Sf .'\lL. ()F TEX \S
KNOW ALL ME~ BY THESE PRESE\:TS
rHE COUNTY OF TARRANT.
That. J. & J. NRH 100 Family Limited Partnership of the County of Tarrant. State of
Texas, hereinafter called "De\'eloper" 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 water and sewer system improvements as indicated in the construction documents
titled "Sanitary Sewer Lines L-I0.4 and L-l1.3" the Developer and the City hereto agree:
1 , The developer has paid to the City all processing fees and has fllrnished 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:
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
1. & 1. Family Limited Pannership
Sanitary Sewer Lines
Page 1 oj 3
rrUp\l'-.l'¡J impro\CmCllh Ihc CIty shall only reimhurse the Developer the amoLlnt
agreed upon helow, after the construction of the improvements is complete and
accepted hy the City. If the actual amount paid to the contractor is less than the bid
amount. the City participation will he reduced accordingly
W:\TER ,\\D W,\STEW.\Tf-::R IMP.,\CT FEE STt'DY
dated July 31. 1997,
__ ___~._~.__."..__._.__ ___._.__.~_~._....___.._..__.__..__._.__________.-..-.,_~__._______.u___-,_____·___._______'.'__
Maximum . i ¡
Total Cost per I Total Cost I Eligible! City's
Facilities I Study__L.~_Bid__~ Percent i Participa~
is-ANI]' AR-YSEWER:--~-' ~
rt:~~i~-;'-YSewe;:-Line r $37.002221 $48.70580 TSo:OO% T $¿~;t~~~: I
I Approximately 920' : I I I a~o.unt II
: from north property : I i I remammg for ,
! line of Thornbridge V ; I J L-lO.4 I
! to south side of North I -h I '"~
I' {~r~:~~t::;k~:;~r Line l¡' ---$81,244. oO~ $69,414,84 I 76. 96 ~II $5.3,42 1 .66 ,
L- 1 1 .3 - I
I approximately 2365' I I
i from south side of 'I ¡
: Brentwood Estates
i Addition, Tr. 3B to I 1',1
I north property I ine of '
: T. Peck Survey, Ii
I Tr. JOE. I ,
~~I=--__ =r= $118,246:22 $118,120.64 $83,791.42 ,
I Total Max. Reimbursement___ $83, 791.42~
7. The City will provide the inspections as required and upon satisfactory completion of
the work, the City will accept ownership and operation of the system subject to the
terms of the maintenance bonds.
8, The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents, and employees
from all suites, actions or claims of any character, whether real or asserted, brought for
or on account of any injuries or damages sustained by any persons (including death) or
to any property, resulting from or in connection with the construction, design,
performance or completion of any work to be performed by said developer, his
contractors, subcontractors, officers, agents or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said developer, his contractors, subcontractors,
oftïcers, agents, or employees, whether or not such injuries, death or damages are
1. & 1. Fami(v LimiTed Parmership
SaniTary Sewer Lines
Page 2 of 3
caused. in whole or in part, hy the alleged neg1Jgence of the City of \;orth RlchLmd
Hills, its officers. agents. servants, employees, contractors or subcontractors.
9 Upon completion of the work. good and sufficient title to all facilities constructed
\\arranted free 01 am lien, llf eTI...umhrancec, 1 ~ herch\ \ e"t L'J i r, t hL' ( ¡! \ (\ ¡ '\. (Irt h
Rich1and Hills.
10,
Special provisions:
None
IN WITNESS WHEREOF, the parties to these presents have executed this Contract in
four (4) counterparts, each of which shall be deemed an original on this the
3 day of /V~)l {j(7JY;'r ,1999,
1, 1. NRH 100 FAMILY LIMITED
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PA TNEß$HIP:J/ ,,,1 / ',' ,/7
~/ ~"f- / k~<_/.-/ '/7/ /
, . // ;~/&;1,{~;~'/ ¿~/( /
10h w: àrtïeld, GeneraVl'ãrtner~
ST A TE OF TEXAS
/
t·
COUNTY OF TARRANT
This instrument was acknowledged before me on N tJ U €-h'\ be r.:3 , 1999 by 10hn W.
Barfield, General Partner, 1. & 1. NRH 100 Family Limited Partnership.
Commission Expires:
-ff\~ ~~4Q 0
Notary bl' ignature
Notary Public Printed Name
CITY OF NORTH RICHLAND HILLS
APPRovE15]\s TO FORM AND LEGALITY
I ",1-
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//
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At~rney for CitÝ
1. & 1. Family Un/lied Partnership
Sanilary Sewer Lines
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