HomeMy WebLinkAboutResolution 1999-084
RESOLUTION NO. 99-84
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 PRT Development Corporation concerning impact fee
reimbursement for water and wastewater main construction for Brentwood Estates, Lots
1 R1, 2R1, and 3R-7R, Block 4, 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/M~Yor"
ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO FORM'AND LEGALITY:
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Rex McEn'tir~, Attorney for the City
APPROVED AS TO CONTENT:
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"--Gregory W. ìDicke
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s, Public Wo s Director
....
CITY OF NORTH RICHLAND HILLS, TEXAS
CITY-DEVELOPER AGREEMENT
THE 51:\ TE OF TEXAS
KNOW ALL ME]\; BY THESE PRESE~TS
THE COUNTY OF TARRANT:
That. PRT Development Corporation of the County of DaIJas, 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 "Brentwood Estates, Block 4, Lots lRl, 2Rl and 3R-7R" 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.
") 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
Brenrn.'Ood Estates. Block 4
Page 10f4
Ordinance, the C"¡ty \\¡II reimhur<;;e the Dcvelnper the eligihle impact fee funds for the
proposed improvements. The City shall only reimhurse the Developer the amount
agreed upon helo\\'. after the construction of the improvements is complete and
accepted hv the Citv. I f the actual amount paid to the contractor is less than the bid
31l10UnL the ( H> r~H1JC1jxlt10n \\ ill he reduced acc,)rdmgly
WA TER AND W:\STEWA TER IMPACT FEE STLDY
dated July 31, 1997:
_____.~__________________._______,__,__~-------~--.--~~--------r-~.-------~-----.-.,.----~-----.-.-----~----.~---..-..---~------~
, '
! Maximum ¡
!
I Total Cost per !I Total Cost I Eligible
J Study i per Bid I Percent
i
~, Facilities
I WATER:
:----- ---T
18" Water line: P.8857! $25.961.35 I $12,965.98
I South property line of I !
I
I Lot 4R to south !
, I
I property line of Lot 6R I
I Brentwood Estates, i
I Block 4 adjacent to ¡
I west ROW line of i
I Davis Boulevard. I
10" Water line: P.82421 $54,009,88
I
Northeast corner of I
Lot 6R to +/- 25 feet I
I west of property line '
i of Lot 1 R 1, Brentwood
[' Estates, Block 4
adjacent to south ROW
I.' line nf North Tarrant
Parkway. .
! SE'VER:
'----
, 8" Sewer line: L8-1. 4
South property line of
Lot 4R to south
property line of Lot 6R
I adjacent to Davis
! Boulevard west ROW
i line and west from
I Davis Boulevard to
j west property line of
i Lot 2Rl.
¡Total r--$i26}8i68!S80,501.86 !
i Total Max. Reimbursement
'----
73.38 %
City's
Partici patio.!!j
I
$ 9,514.44
$24,360.69
$33,198,00
i
I
I
73.38%
$46,212.45
86. 18 %
$29,592.39
I $34.337.881
i I
I
I
I
I
i
I
-.--J
I
$63,467.52
$63,467.52
Brentwood Estales, Block 4
Page 2 of -4
7. T he City will proviue the Inspections as required and upon satisfactory compJetion of
¡he work. the City w'ill accept ownership and operation of the system subject to the
terms of the maintenance bonus.
S The Dne10per further covenants and agrees to. anu by these presents does hereby.
fully indemnify. hold harmless and defend the City, its officers, agents, and employees
from aU suites. actions or claims of any character. whether real or asserted. brought for
Dr 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
Brenrwood Estates, Block 4
Page J of 4
IN WITNESS \VHEREOF. the parties to thcsc prescnts h3\e nccuteJ this Contract in ft1Ur (~)
counterparts, each of which shall be deemed an original on this the ______~_ day of
_~~__.____~_. 1999.
PRT DFYELOP\1ENT CORPORf\TION
---'----.....-..-.. ).~ .~- ....-.,..-
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By: // L·.f;;~~, ----::-~;_::~~,''::;,..~: ¿,//
\ Printed name JnJ (nk;
... ~ ;-//- . ,- -,,:-:-~~'./
ST A TE OF TEXAS
COUNTY OB;;J:¡AL L /+~
This instrument was acknowledged before me on NOUé/ht3E£... '1 ,1999 by
At tTH 3M TI-t ' JPCONS It<- ' , PRT Development Corporation.
(nam (tltle)
Commission Expires:
(SEAL)
PENNY A. TAYLOR
M'( C(MooISSIOO EXPIRES
August 10, 2(0)
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Brentwood Estates, Block 4
Page 4 of 4