HomeMy WebLinkAboutResolution 1998-048
RESOLUTION NO. 98-48
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.B. & J.B. Development Family Limited Partnership
concerning reimbursement for water and wastewater main construction for Thornbridge
East, as the act and deed of the City of North Richland Hills, Texas.
PASSED AND APPROVED this the 28th day of September, 1998.
APPRQVED:
/
(t[, .L ~/. /, 1.1:'é~7":¿;--.
Charles Scoma: Mayor
ATTEST:
(;JatVÜ'â /~'V
t5atncla Hutson, City Secretary
APPROVED AS TO CONTENT:
GregoryW. .Úi~ (egs, Public Works Director
i .0
CITY OF NORTH RICHLAND HILLS, TEXAS
CITY-DEVEWPER AGREEl\IENT
THE STATE OF TEXAS
THE COUNTY OF TARRANT:
KNOW ALL MEN BY THESE PRESENTS
That, J.B. & J.B. Development Family Limited Partnership, a 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 water and sewer system improvements as indicated in the construction documents
tiUed "Thornbridge East" 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. 2241, the Water and Wastewater Impact Fee
Ordinance, the City will reimburse the Developer the eligible impact fee funds for the
proposed improvements. The City shall only reimburse the Developer the amount
ThombridgeE..st
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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:
Eligible Eligible Bid Partici pation
Amount Percent Amount
WATER:
8" Water Jines:
8230 & 8905 $40,531.75 73.38% $17,422.02 $12,784.28
Thornridge Dr. from
Phase V to Hallmark Dr.;
Hallmark Dr. south to
south property line.
SEWER:
8" Sewer line: $51,200.06 80.00% $29,268.80 $23,415.04
L-IO.1O
Phase In east along
Edgemont Dr., to
Precinct Line Rd.
Total $91 ,731. 81 $46,690.82 $36,199.32
Total Max. Reimbursement
$36,199.32
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,
ThombridgeE..st
Page 20f4
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 tiUe 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 ~s ~ract in
Fr). cop each of which shall be deemed an original on this the day
o (3 ~1998.
. J.B. & J.B. DEVELOPM FAMILY
1M IT D ARTNERS
STATE OF TEXAS:
COUNTY OF TARRANT:
This instrument was acknowledged before me on L( -J.-J.- -1 J by John W.
Barfield, General Partner, J.B. & J.B. Development Family Limited Partnership.
Commission Expires:
(SEAL)
-1 .) / .
" / (¿ ¡(Í\Ú ; L!:AC-ÜCCZ
Notary Public Signature
Notary Public Printed Name
Thomb ridge East
Pag~ 3 014
CITY OF NORTH RICHLAND HILLS
"-
Thombridge East
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