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HomeMy WebLinkAboutResolution 1998-061RESOLUTION N0. 98-61 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 reimbursement for wastewater main construction for Sewer Lines L-10.4, LB-1.3 and LB-1.5, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 23rd day of November, 1998. APPROVED: /i //~ / _ ~ ' ~_ Ld ~ Charles Scoma.,'fVlayor ATTEST: ,%' Patricia Hutson, City Secretary APPROVED A~~ FORM AND LE~TY? ,- ~, ~ ~.,-- _~~ ~ ~,.- __ , ~ __ _ Rex ntire, Att~~ f the City / APPROVED AS TO CONTENT: ~~ ~i!i~~ ~2~~-' _ . Kevin B. Miller, P.E., Assistant Works Director CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS THE COUNTY OF TARRANT: KNOW ALL MEN BY THESE PRESENTS That, J&J NRH 100 Family Limited Partnership, a Texas Limited Partnership, John W. Barfield, General Partner, 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 sewer system improvements as indicated in the construction documents titled "Sewer Line LB-1.3 & LB-1.5" and "Sewer Line LB-10.4;' 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, 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. 2?41, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the J&J NRH 100 Ltd. Partnership Page 1 c f 3 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 dated July 31, 1997; Facilities: SEWER: 8" Sewer Lines LB 1.3 & LB-1.5 From existing LB-6 east and north to the SE of Shady Oaks, Phase I 10" Sewer Line L-10.4: Thornbridge V to north of North Tarrant Parkway Total Total Max. Reimbursement Eligible Amount Eligible Bid Participation Percent Amount $64,400.87 86.18 % $53,476.50 $46,086.05 $40,316.53 80.00% $104,717.40 $43,282.80 $34,626.24 $96,759.30 $80,712.29 $80,712.29 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 1kJ NRH 100 Ltd. Partnership Pnge 2 of 3 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 here by 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 ! ~~ day of._ 1 f:, ,_. ,,, 1, 1:_s-~. ,1998. STATE OF TEXAS: COUNTY OF TARRANT: J ~ H 100 FAMILY IMIT D P TNERS J~1(in .Barfield, General~artner This instrument was acknowledged before me on `~ , 1`~~,. . 1,~,_ ~, !~; ~~~;~,~ by John W. Barfield, General Partner, JBc,J NRH 100 Family Limited Partnership. Com inttic.mc-.~~~ J~ (+ ~tiji~Of:~f ~+ FO~iIC - J1;.;c' vi ?£x05 ? t +j ~ / Tntrani r'nur,~Y "'t o •~~~' Commission Expire; 10.28-2Q01 ~ (SEAL) CITY OF NORTH RICHLAND HILLS ~=, ,,n Larry J, ~~ ;~ntai~am, City Manag ,~ ` Patric~a`Hutson ~ lCity~~Secretary .... ~. + . ,.•.,, _."1 `.F ' l ~, it '~ ~ '~ ~ t; t.~ ' ~, ~G ~,t .C l~ Notary Public Signature Notary Public Printed Name APPR E AS M AND LEGALITY torney for City 1&J NRH 100 Ltd. Partnership Puge 3 of 3