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Res 060-94 4/19/1994RESOLUTION NO. coo-C1N RESOLUTION APPROVING LETTER OF AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND R. J. WACHSMAN HOMES FOR IMPROVING OF BARNA ROAD TO MUNICIPAL STANDARDS WHEREAS, R. J. Wachsman Homes has purchased Block 3 of Park Place Subdivision which contains 12 platted lots; and, WHEREAS, R. J. Wachsman Homes wishes to build on the 12 platted lots; and, WHEREAS, a section of Barna Road abuts the south boundary of Block 3 of Park Place Subdivision and is currently not constructed to municipal standards; and, WHEREAS, the City of Wichita Falls and R. J. Wachsman Homes wishes to jointly participate in improvement of Barna Rad abutting the south line of Block 3 of Park Place Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Letter of Agreement is hereby approved with the purpose of improving Barna Road abutting Block 3 of Park Place Subdivision to municipal standards with the City of Wichita Falls and R. J. Wachsman Homes participating equally in the construction cost . PASSED AND APPROVED this the 19th day of Aforil, 1994: MAYOR ATTEST: al AJLIA I ' CLE'K Wichita TEXAS! April 7, 1994 Mr. Randy Wachsman R.J. Wachsman Homes 2405 Kemp Blvd. Wichita Falls, TX 76309 RE: Barna Road Block 3, Park Place Addition Dear Mr. Wachsman: We have received your letter of March 15, 1994 regarding your interest in working with the City to achieve the upgrading of that portion of Barna Road located west of Lake Park Drive. The purpose of this letter is to enter into a Letter of Agreement with your firm regarding cost sharing of improving the road to municipal standards. The City of Wichita Falls and R. J. Wachsman Homes jointly agree to the following:g 1 . The City of Wichita Falls will prepare plans and specifications for upgrading the street in question to municipal standards . 2 . The City prepareofWichitaFallswillreare a construction cost estimate plus 10% contingencies for this improvement. 3 . Prior to bidding the project, your firm will issue a check in the amount of one-half of the estimate plus 10% contingencies in favor of the City of Wichita Falls. 4 . The City will then bid the project as set forth in State statutes and the City Council will consider awarding the contract to the lowest responsible bidder. 5 . The City will use your funds along with City funds to construct the project . 6 . After project completion and acceptance by the City Council, the total construction cost will be multiplied by 50% which will be the cost to R.J. Wachsman Homes. 7 . Any excess funds beyond 50% of the construction cost which you have deposited will be returned to your firm by the City of Wichita Falls. 1300 7th Street F0. Box 1431 817/761-7611 Wichita Falls,Texas 76307 Mr. Randy Wachsman April 7, 1994 Page 2 8 . Your firm agrees to reimburse the City of Wichita Falls for 50% of any construction costs exceeding the construction cost estimate plus 10% contingency. If you concur with this agreement, please sign this letter and we will proceed with the project with a goal of having it complete by September 15, 1994 . Sincerely, Jim Berzina City Manager Randy Wachsman R.J. Wachsman Homes