HomeMy WebLinkAboutResolution 1999-087
RESOLUTION NO, 99-87
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 water main construction to serve Brentwood Estates
Addition, Tracts 3A and 3B1 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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Charles Scoma,
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ATTEST:
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j:i( ¿¡{({ire //.k¿i6()----
-/Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
CITY OF NORTH RICH LAND HILLS, TEXAS
CITY-DEVELOPER AGREEMENT
THI. SIATL or TE.\,\5
KNOW ALL MEN BY THESE PRESENTS
THE COUNTY OF TARRANT:
That, J. & J. NRH 100 Family Limited Partnership 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 water and sewer system improvements as indicated in the construction documents
titled "Water Lines P-8229, P-8232, P-8811, and P-8244" 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, 2-year 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
J. & 1. Family Limited Pannership
Page 1 of 4
proposed imrrOVt'l11e'T1h The' City ..;hall on]y reimburse the Developer the amount
agreed upon below, after the constructIon of the improvements is complete and
accepted by the City, I l' the actual amount paid to the cuntractor is less than the bid
amount. the City participation wilJ be reduced accordingly.
WATER :\\D W:\STEWATER 1i\1PACT FEE STUDY
dated 31, 1997.
__".._ .______..____.._._._________ _~.--_-_..-_____. ._n.__
:\Iaximum ,
Total Cost per ¡ Total Cost I Eligible City's
i-____X.~~Hitj.!:~.__...___._~t.!l~.L__._J__.~Bid_.L Percent L_Particip~_tion .
I WATER:
r-fo" Wate~~~---·---r---$-46~7i4-.-80---T $23,728.87
P.8229-Approximately I I
1007' from north! I'
, property line of
I '
I Thornbridge V to .
I south side of North !
I
Tarrant Parkway. L.--.----
10" Water Line I $71,363.20
P.8232-Approximately I
1538' parallel to North I
Tarrant Parkway on I
south side from I
Precinct Line Road I
I
\vest. I
1~-W~t~~Lin~~-T--' $62, i90.oo
P.8811-Approximately I
1560' paral1el to North
Tarrant Parkway on
north side from
Precinct Line Road I
i
west to Brenrwood I
Estates, Lot 1, Block 1 II . ¡
east to property line t I
(Walgreen's). 1---- ___~
10" Water Line I $10,440.00 $6,500.45 73.38% $4,770.03 I
I P.8244-Approximately I I I
I 225' parallel to North ! I
Tarrant Parkway on I I
south side from end of I I
: Line P. 8232 west to II : I
II Oavis-N. Tarrant, Ii!
~Addition east property i j -t-$7íiRj!
line (EckerdL I ! I I
Tot~-~~=~=--==_=r1!9ij-ï8~ool $104,467,00 1- ----- +~6,657.89 I
~Total M~.:x, ReiIt].bu~~~me~__________~________.L. $76,657.89 .
1. & 1. Family Limited Partnership
Page 2 of ~
- ------1
73.38% f$17,412.25 ¡
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,
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$36,952.74
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I
73.38% I
I
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I
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$37,284.94 Tn38%l~7359,691
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i ' I
, I
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$27.lls·.¡z-1
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 suhject to the
term-: of the maintenance honds
S The Developer further covenants and agrees to. and by these presents does hereby.
ful1y indemnify. hold harmless and defend the City. its officers. agents, and employ ee~
from all suites, actions or claims of an) 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 aJleged negligence of the City of North Richland
I-hils, 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 hereby vested in the City of North
Richland Hills.
10.
Special provisions:
None
1. & 1. Family Limited Partnership
Page 3 of .¡
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
day of
b//
,1999
J. &·J>SRH ¡OO FAMII Y LI\1/Tf])
PARTþiE~HIP
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/:10hrfW?13artïeld, Genera.1 'Partner L
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STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on N"ueft\~er -.3 ,1999 by John W.
Barfield, General Partner, J. & J. NRH 100 Family Limited Partnership.
Commission Expires:
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~~
ignature
Notary Public Printed Name
-""'..--.,~~.~"...
I ! '\1\1'
1. & 1. Familv Limited Pannership
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