Resolution 07-11RECORD OF RESOLUTIONS
Forth No. 30005
07 -11
Resolution No.
Passed
20
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN INFRASTRUCTURE AGREEMENT
WITH THE EDWARDS GOLF COMMUNITIES, LLC
FOR WATERLINE IMPROVEMENTS
WHEREAS, the City of Dublin desires to improve the water distribution system and
fire protection in the southwest area; and
WHEREAS, the Dublin 2007 Community Plan utility modeling identified several
needed improvements to the water distribution system, including the proposed
Waterline Improvements; and
WHEREAS, the Waterline Improvements are contemplated at this time to provide
additional benefits to the water distribution system in terms of improved pressures in
the Ballantrae subdivision from the completion of the Darree Fields water tower; and
WHEREAS, the City of Dublin and the Edwards Golf Communities, LLC have
agreed to cooperatively plan and construct the Waterline Improvements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, :z of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to enter into an Infrastructure
Agreement with the Edwards Golf Communities, LLC for the Waterline
Improvement.
Section 2. This resolution shall take effect upon adoption in accordance with
Section 4.04(a) of the Revised Charter.
Passed this _ day o Y 2011.
0
k
Mayor - Pr i ing Officer
Attest:
(.,Lv� l--
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
CITY OF DUBLIN_ Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha Grigsby, City Manager
Date: February 24, 2011
Initiated By: Paul Hammersmith, PE, Director of Engineering/City Engineer
Barbara Cox, PE, Engineering Manager — Development
Memo
Re: Resolution 07 -11- Authorizing the City Manager to enter into an Infrastructure
Agreement with the Edwards Golf Communities, LLC for Waterline Improvements
Background
The 2007 Community Plan describes staff - identified areas in the City that either currently have deficient
water pressures and fire flows or would have them in the future, based on the projected growth. One
area that was noted during this process is the western portion of the Ballantrae subdivision. As detailed
in the 2007 Community Plan, the resolution to this issue is to provide additional loop connections in the
water distribution system and additional elevated storage.
The City has completed the construction of the Darree Fields elevated water storage tower and a
waterline extension along Cosgray Road. This work has provided the elevated storage as well as an
additional loop in the distribution system at Lame Drive. In order to provide the maximum benefit of
these completed projects, another connection is needed. The water line improvements addressed by this
Infrastructure Agreement will make this additional connection from the Cosgray Road waterline into the
existing waterlines on Ballantrae Place Loop. A map is attached that details the locations of the recent
projects and the proposed waterline improvements.
The proposed waterline improvements are within a future section of Ballantrae, specifically Section 9.
Edwards Golf Communities, LLC (Edwards) owns the land for this section. Edwards has indicated to
staff that they are not pursuing development of this section of the subdivision within the next couple of
years. They have agreed to reimburse the City for the cost of constructing the waterline and to provide
the easements needed at no cost to the City. A copy of the proposed Infrastructure Agreement, as
drafted by the Legal Department and agreed to by Edwards, is attached.
This project is included in the 2011 -2015 Capital Improvements Program as a Water Distribution
System - Non -Major Project. It is project EW1501 and is funded at $170,000 in the Beyond 2015
category. Staff estimates that this project will cost 5158,000.
Staff plans to package the construction of this waterline with another connection project along Emerald
Parkway. The bidding for these projects will occur later this spring and construction would take place
over the summer.
Recommendation
Staff recommends approval of Resolution 07-11.
GOSGRAY PL
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Darree Fields
Water Tower
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WASHINGTON TWP
Shier Rings Rd NS"
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" Resolution 07 -11
W E
S- Infrastructure Agreement for
CITY OF DUBLIN Ballantrae Waterline Improvements
INFRASTRUCTURE AGREEMENT
This Infrastructure Agreement (the "Agreement") dated , 2011, is
entered into by the CITY OF DUBLIN, OHIO ( "Dublin "), a municipal corporation duly
organized and validly existing under the Constitution and laws of the State of Ohio and its
Charter and the EDWARDS GOLF COMMUNITIES, LLC ( "Developer" and collectively
with Dublin, the "Parries ").
WHEREAS, the Developer is presently engaged in the improvement of certain land in
the City of Dublin, Ohio, specifically Section 9 of the Ballantrae subdivision (the
"Development"); and
WHEREAS, as part of the Development, a waterline must be constructed; and
WHEREAS, the waterline improvements will consist of a 12 -inch waterline and
appurtenances and an 8 -inch waterline and appurtenances that will connect the 12 -inch line to the
existing 8 -inch line located on the north side of the future intersection of Barronsmore Way
North and Trafalgar Lane and will also consist of services connected to these waterlines ( "the
Waterline Improvements "); and
WHEREAS, the Waterline Improvements are contemplated at this time to realize
additional benefits to the water distribution in terms of improved pressures from the completion
of the Darree Fields water tower in the Ballantrae subdivision; and
WHEREAS, Dublin is willing to construct the Waterline Improvements and the
Developer has agreed to reimburse Dublin for the cost of construction;
NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows:
1. Dublin commits to:
• Create bid package plan and specifications from Public Street, Storm, and Water
Improvement plans (07- 001 -RES) on file.
• Create the deeds, legal descriptions and exhibits for the necessary permanent and
temporary easements.
• Obtain necessary approvals from the City of Columbus and the Ohio
Environmental Protection Agency (OEPA)
• Obtain Notice of Intent, if applicable.
• Bid project and fund construction.
• Use best efforts to commence construction of the Waterline Improvements in
2011.
• Inspect and manage the construction.
• Restore property to similar conditions as exists today.
• Provide an invoice for the amount of reimbursement.
{H21115322 }
2. The Developer commits to:
• Provide necessary permanent and temporary easements at no cost to the City of
Dublin prior to commencement of construction of the Waterline Improvements.
• Reflect the above easements in the Final Plat for Ballantrae, Section 9.
• Reimburse the cost of the Waterline Improvements to the City less 15% for
prevailing wage consideration based on the awarded bid plus any change orders
during construction.
• Make the reimbursement within thirty days of City Council approval of the Final
Plat for the final phase of Ballantrae, Section 9 or by December 31, 2013,
whichever comes first.
• Construct other waterline improvements shown in the approved Ballantrae,
Section 9, Street, Storm, Water Improvements Plans (07- 001 -RES).
3. Indemnification and Hold Harmless The Developer agrees to defend, indemnify, protect
and hold harmless Dublin, its elected officials, officers, employees, agents, and
volunteers from and against any liability for all actions, claims, losses, damages, costs
and /or expenses (including reasonable attorney's fees) to the extent that such actions,
claims, losses, damages, costs and /or expenses arise out or are in any way caused by the
performance or non - performance of this Agreement, either directly or indirectly,
irrespective of whether such actions, claims, losses, damages, costs and/or expenses are
caused by the acts, omissions or conduct of the Developer or its employees, agents and
representatives.
4. Notices Except as otherwise specifically set forth in this Agreement, notices, demands,
requests, consents or approvals given, required or permitted to be given hereunder shall
be in writing and shall be deemed sufficiently given if actually received or if hand -
delivered or sent by recognized, overnight delivery service or by certified mail, postage
prepaid and return receipt requested, addressed to the other Parties at the addresses set
forth in this Agreement or any addendum to or counterpart of this Agreement, or to such
other addresses as the recipients shall have previously notified the sender of in writing,
and shall be deemed received upon actual receipt, unless sent by certified mail, in which
event such notice shall be deemed to have been received when the return receipt is signed
or refused. A duplicate copy of each notice, certificate, request or other communication
given hereunder to the Parties shall be given also to the others. The Parties, by notice
given hereunder, may designate any further or different addresses to which subsequent
notices, certificate, requests or other communications shall be sent.
(a) As to Dublin:
City of Dublin, Ohio
Attention: Director of Engineering
5800 Shier -Rings Road
Dublin, Ohio 43016 -7295
{H21115322 }2
(b) As to Developer:
Edwards Golf Communities, LLC
Attention: Charles Driscoll
495 S. High St., Suite 150
Columbus, Ohio 43215
5. Extent of Provisions Regarding the Parties: No Personal Liability No representation,
warranty, covenant, agreement, obligation or stipulation contained in this Agreement
shall be deemed to constitute a representation, warranty, covenant, agreement, obligation
or stipulation of any present or future trustee, member, officer, agent or employee of the
Parties in an individual capacity, and to the extent authorized and permitted by applicable
law, no official executing or approving the Parties' participation in this Agreement shall
be liable personally under this Agreement or be subject to any personal liability or
accountability by reason of the issuance thereof.
6. Binding Effect This Agreement shall inure to the benefit of and shall be binding upon
the Parties, and their respective permitted successors and assigns. The Parties will
observe and perform faithfully at all times all covenants, agreements and obligations
under this Agreement.
7. Governing Law /Venue This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio, without giving effect to the principles
thereof relating to conflicts or choice of laws.
Edwards Golf Communities, LLC
Charles Driscoll Date
City of Dublin, Ohio
Marsha I. Grigsby, City Manager Date
Approved as to form:
Stephen J. Smith
Law Director
Date
{x2111532 2 >3