HomeMy WebLinkAboutResolution 1999-085
RESOLUTION NO. 99-85
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 KRR Development, Inc. concerning impact fee
reimbursement for water and wastewater main construction for Villas on Bear Creek, as
the act and deed of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 8th day of November, 1999.
APPROVED:
ATTEST:
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Patricia Hutson, City Secretary
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APPROVED AS TO CONTENT:
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CITY OF NORTH RICH LAND HILLS, TEXAS
CITY -DEVELOPER AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
THE COUNTY OF TARRANT:
That, KRR Development, Inc.. Richard Simmons, Oftïcer, 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 "Villas on Bear Creek" 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 will provide 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
Vii/liS on Belir Creek
Page 1 of 3
propo,;cd improvements The City shall only reimhurse the Developer the amount
agreed upon below. after the construction of the improvements is complete and
accepted by the City. I f the actual amount paid to the contractor is less than the bid
amount. the City participation will be reduced accordingly,
WATER AND WASTEWATER Hv1PACT fEE STUDY
dated July 31. 1997:
I Maximum :
t_w~Ociliti~__JT oto~t~~~ per \ T ;:'01 Cost
l_ W i\TER: ----,l
I 8" Water Line: $0
I P.8944 and P.8945
I Approximately 870'
LParallel_~~ºa~~J!~vd ~_u____-__
: SEWER:
\g-;"-Sewer Line: L-7,1 $55.161~412.63
I Approximately 1,370' \
\ parall~to Dav~ Blvd,
Total $55,101.40 $71,377.63
ttQ.!~.L Max. Reimbursement--=-_
r Bid Percent Participatio~_
$19,965.00 73.38% $14,650.32
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Eligible
City's
83. 18 %
$42,765.02
$57,415.34
$57,415.34
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.
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
Villas on Bear Creek
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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 __ ~j_____ßay
of l ' f {)1 bl /' , 1999.
STATE OF TEXAS:
COUNTY OF TARRANT:
This instrument was acknowledged before me on
Simmons, Officer, KRR Development, Inc.
Commission Expires:
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DEANNA K1..EIN
MÝ cQt.'MISSION EXPIRES
()ctOber 18. 2000
(SEAL)
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Richard Si
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by Richard
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Notary Public SignatW'e_
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Notary Public Printed Name
Villas on Bear Creek
Page 3 of 3