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Home My WebLink About54-74 Ordinance - ---- - - -~Jr. . . RECORD OF ORDINANCES , . c - - .,. - Ordinance No. 5,-/..7L{ Passed ()l. 'TO" e4- AI 19~ AN ORDINANCE AUTI-lORIZING AND DIRECTING THE MAYOR 0 AND CLERK-TREASURER TO ENfER INTO A CONTRACT ON BEHALF OF THE VILLAGE OF DUBLIN, OHIO, WITH MUIRFIELD LTD. PURSUANT TO RESOLlTfION NO. 21-74 PROVIDING FOR THE REIMBURSEMENT TO SAID MUIRFIELD LTD. FOR ITS COSTS IN CONSTRUCTING A WATER LINE AND DECLARING AN EMERGENCY. I I BE IT ORDAINED by the Council of the Village of Dublin, State of I I lJ> of the elected members concurring: I SECTION 1. That the Mayor and the Clerk-Treasurer be, and they I ereby are, authorized and directed to execute a contract by and between I I I the Village of Dublin, Ohio, and Muirfie1d Ltd. for the reimbursement to said Muirfie1d Ltd. of its costs in constructing a certain water line under I I the terms contained in the agreement attached hereto which is made hereby a I art of this Ordinance. I SECTION 2. That this Ordinance be, and the same hereby is, declared to I 0' be an emergency measure necessary for the immediate preservation of the "- public, peace, health and safety, and that this Ordinance shall take effect I and be in force immediately upon its passage. I I :A l ~"( I Passed this day of Oc., 0 It, a.. 1974. I I I I , ATIEST: I I ~~kJ n s\_V\ U I C er - Treasurer I '. I ~ I . I I I I I I -- - -- ~- - ~ , . . _0 .. . , . . ..;., AGREEMENT This agreement made and entered into under the laws of the State of Ohio I 0- II by and between The Village of Dublin, Ohio, an Ohio Municipal Corporation . I classified as a Village (hereinafter called "Dublin"), Muirfield Ltd., an I Ohio Limited Partnership (hereinafter called "Muirfield") . , WHEREAS, Dublin, by way of a certain contract between itself and the City of Columbus, Ohio,intends to provide a large portion of its community with water service; and WHEREAS, Dublin is not, at the present time, in a financial position to construct various water lines, etc. to carry out this intent; and WHEREAS, Muirfield is or will be in the process of constructing a twelve (12) inch water main, with necessary pumps, etc., including the river crossing, from a point in the intersection of Smvrnill and Summit View Road (said point being the point of tap in to a City of Columbus water main at said (') intersection) a distance of approximately 13,500 feet in a generally westerly I ~ ~ and northerly direction to a point at the intersection of S.R. 745 and the said Muirfield's existing property; and WHEREAS, it is the opinion of Dublin's Engineer that said water main will be sufficient to provide initial service for a portion of the northern part of Dublin, and can be integrated into the total water distribution system of the Village of Dublin; and WHEREAS, Muirfield is willing to provide the necessary funding for the construction of the heretofore mentioned water main provided it is given some reasonable assurance of being reimbursed for its direct costs in the said construction, pursuant to resolution 21-74. NOW, TIIEREFORE, in consideration of the mutual covenants hereinafter set n forth, Dublin and Muirfield warrant and agree that: \J 1. Muirfield agrees that the design plans and specifications, and construction of the said water main, pumps; river crossing, and all matters of an engineering nature connected with or pertaining thereto, shall first, and continually during construction, be in accordance with the requirements of, and approved by, Dublin's engineer. I , ~ - - - - .. :. . .". . . 2. Muirfield agrees that said construction shall be based on competi- tively bid contracts awarded to the lowest and best bidder. The choice, by Muirfield, of the lowest and best bidder. The choice, by Muirfield, of the lowest and best bidder shall be subject to approval by Dublin's engineer. 3. Muirfield and Dublin agree: that, for the purposes of this agreement, ~ "direct costs" are defined as: actual construction costs (excluding, however, ( . any General supervision costs); actual engineering costs for the heretofore des- W cribed section of the water main and booster stations, costs of easements , and any other direct costs as may be agreed to subsequent to this agreement between the parties hereto. Specifically excluded from "direct costs" are items normally or reasonable, under generally acceptable accounting practices, designated "over- head items"; and, further, any loss of material or damage to construction in progress or completed, by vandalism, theft, or other perils ordinarily included in an extended coverage insurance policy. 4. Muirfield agrees that, in order for Dublin to accurately determine the aforementioned "direct costs", Muirfield will, during normal business hours, permit Dublin, or its duly authorized agents, attorneys or accountants, to (l examine its books and records pertaining to this agreement. t t 5. Muirfield agrees that, it will comply, and that it will insist that '-' its agents, contractors, and sub-contractors comply, with the provisions of the Workmen's Compensation Laws of Ohio. Muirfield, further, agrees to indemnify and hold Dublin, its agents and representatives, harmless from any and all claims, demands, actions, causes of action or liabilities arising out of and during the actual performance of the work anticipated by this agreement whether for per- sonal injury, property damage, trespass or anything else not the direct cause of Dublin. 6. Dublin agrees that as, and only as, unencumbered funds become avail- able from the aforesaid line and extensions thereof, pursuant to Village of Dublin Ordinances 43-74, 44-74, and'45-74 (copies of which Muirfield hereby acknowledges receipt of), Dublin will reimburse Muirfield its direct costs as n hereinbefore described together with interest at the rate of eight per cent (8%) I \.I per annum, on the unpaid balance. However, Dublin reserves the right to use I monies received, pursuant to Ordinance 45-74, up to a maximum of 50% of said I funds, to finance the construction of additional facilities, provided further that Dublin must first obtain Muirfield's written consent to exercise said right, I I I which such consent shall not be tmreasonably withheld. I I - 2 - . I -- - -- -- --------- -- , , t..... . .,1" ,. . . . 7. Muirfield and Dublin agree that the aforestated interest shall begin to accrue only after the construction has been completed, approved by the Village Engineer, and accepted by Dublin; and further that the reimbursement shall begin only after Dublin actually receives monies pursuant to the above (~) stated Ordinances, and in accordance with paragraph 8 hereof. '-' 8. Dublin agrees that, it will establish an account, with its official depositorr; separate from all other accounts it may have, and that said account shall be known as the "Village of Dublin Northern Water Main Account". Dublin further agrees that it will deposit all unencumbered monies received, pursuant to the aforesaid Ordinances No. 43-74, 44-74, and 45-74 into said account, and will, as said monies are received, reimburse Muirfield pursuant to paragraphs 6 and 7 hereof. In this regard, Dublin shall not be liable to reimburse Muirfield pursuant to Ordinance No. 43-74 in the event the charges specified therein are not imposed for the reasons set forth in said Ordinance. This reimbursement out of said account shall continue until such time as all direct costs plus interest, as hereinbefore set forth, have been paid in n full, at which time Muirfield agrees to execute and deliver to Dublin a full, II final and complete release to the effect that all monies owing Muirfield, pursuant to this agreement, have been paid. When such release is received Dublin shall close the account set forth above and transfer any remaining funds therein as its Council may direct. Executed by Muirfield this ~~ day of D~rD"& ~lt. , 1974. F~ecuted by Dublin this 21sT day of OfJra~e1? , 1974. MUIRFIELD LTD. I By: (1 Approved as to Fonn: VILLAGE OF DUBLIN \.J 1~6t/ - ~ Donald . . ardson Village Solicitor BY:~~{~ Village of Dublin Clerk-Treasurer --- -- --- --- -- - -- ........ - ; - ~ . t - 1 r - ---.- -,.- ....... - ~ ,- ...... "!: - , ~ . ,..'-...-; ---- --- ~ 1 - ~ ~ I t I . ~ ~~ / 6~ / ~ ". ~ "/ ~. ~~/ / / / /" ,. ,/" ~ ./' , .' \l.>'<) b iJ' r-J \l,~ . "- -- 110 ()~. /-/ bV' ,~ ../ rfJ,. ~: "-.... ...' 'il0~~ , , __tr.""rJ~ ~;}(. "_~. ...--- " ...,'"- -. -""l.~f14.-r'J 1 .:::1 Ill] L . ~. ~IL 'q" Jl IfL J .. ~ '-....~- _I. ~ 1 ~...U U l\I_.'~~.I"I.II'"r.'o -- ,..... " -... , ,,~~1~ 4.11I1f.~~ , \ ~'J..' ""I~ ~ .. -~. ...>~ ~'. r'l!t..., I.'"... _ _ ' . .~ . . ..... ,.... . .'::::----........~ ......-.- ..,;---- ~:...._a..- - .~~-~--...... -- - - ,.. -- ~---..K?~~ 01- - ~.. . - . ';1 - "--- -- \t) '- ~ ()-.. . ~~ . ::-.:: ~~ . . '~ ~: 5 5/0.33~OC /750 ~ ~~ ... ~~ , l ~~ ~ ~ ~r' '" ~ ~ ~t> "'- 0 C), '-.J C':) ~~ ~ 'f' ,,- <:::>- ~ ,~ \}), ~ C'to\ ,