Resolution 43-11RECORD OF RESOLUTIONS
..,
43 -11 1,, .,d zo_
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A SITE OCCUPANCY AGREEMENT
WITH DUBLIN CITY SCHOOLS FOR AN EMERGENCY
WARNING FACILITY AT JEROME HIGH SCHOOL
WHEREAS, the City of Dublin (the "City ") has requested from The Board of
Education of the Dublin City School District ("District") access to and occupancy of a
portion of land on the Jerome High School property; and
WHEREAS, the agreement will enable the City to provide outdoor emergency and
disaster early warning notification to residents in and around Oak Park, Bishop's Run,
and the southern portion of Tartan West, as well as individuals on the grounds of
Jerome High School and areas of the Glacier Ridge Metro Park; and
WHEREAS, the proposed occupied site is approximately 3 ft. by 3 ft., and located
generally southeast of the outdoor stadium.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
r of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached
Emergency Warning Facility Site Occupancy Agreement for the City to provide and
maintain emergency and disaster early warning notification equipment on the Jerome
High School property.
Section 2 . This Resolution shall take effect upon passage, in accordance with
Section 4.04(a) of the Revised Charter.
Passed this � day of 2011.
Mayor - Pr i ling Officer
ATTEST:
Q om^ s^ G 0 Zii.16:. _
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 Memo
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager �
Date: August 18, 2011
Initiated By: Paul A. Hammersmith, P.E., Director of Engineering/City Engineer
Jean -Ellen Willis, P.E., Engineering Manager - Transportation
Re: Resolution 43 -11 - Jerome High School Emergency Warning Facility Site
Occupancy Agreement with Dublin City Schools
Summary
As Dublin continues to grow, and to improve safety and enhance the Dublin Emergency Warning
System, an additional emergency warning siren location in northwest Dublin is desirable to provide
coverage to these newer residents.
Determining the placement of a new siren is a balance between creating a continuous coverage area and
finding a reasonable place to install and access a pole on which the siren is mounted. Each siren covers
an area that has a radius of approximately 3,000 feet, creating a circle just over a mile in diameter.
Therefore the siren locations need to be spaced about a mile apart. Additionally, a potential site also
needs to be accessible by a bucket truck in order to maintain the siren equipment.
Oak Park, Bishop's Run, and portions of Tartan West are not currently within a coverage area of a siren.
As a result, Jerome High School is an ideal location for adding a siren to the system. This location will
provide coverage for these residents, as well as individuals on the grounds of Jerome High School and
areas of the Glacier Ridge Metro Park (see Figure 1).
Staff met with Dublin City School District staff to determine a location for the siren on the Jerome High
School property to meet the needs for the coverage area and minimize impacts to the school. The
District staff agreed to allow occupancy and access to a 3 ft. by 3 ft. portion of land, southeast of the
outdoor stadium for the siren (see Figure 2). The siren will be solar powered with radio
communications, and therefore no underground wiring is required.
Based on our strong working relationship with the School's Central Office staff, a site occupancy
agreement versus a typical easement is being pursued for the siren site, per the School's request. The
Dublin City School Board approved a resolution on July 11, 2011 granting the access and authorizing
entering into the agreement for this mutually beneficial use of their site. This will allow the City to
install and maintain an emergency warning siren where it is needed in the system.
Recommendation
Staff recommends approval of Resolution 43 -11, authorizing the City Manager to enter into a site
occupancy agreement with Dublin City Schools for an emergency warning facility at Jerome High
School.
Res. 43 -11 -Jerome High School Emergency W arning Facility Site Agreement with Dublin City Schools
August 18, 2011
Page 2 of 2
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JEROME HIGH SCHOOL
EMERGENCY WARNING
FACILITY SITE OCCUPANCY AGREEMENT
BETWEEN
DUBLIN CITY SCHOOLS
AND
THE CITY OF DUBLIN
(H2278514, }
1.
OCCUPIED PREMISES ..................................................................... ............................... 1
2 .
USE ...................................................................................................... ............................... 1
3 .
TERM .................................................................................................. ............................... 2
4.
CONSIDERATION .............................................................................. ..............................2
5.
ACCESS AND EASEMENTS ............................................................ ............................... 3
6.
CONSTRUCTION, SCHEDULING AND DOCUMENTATION ...... ............................... 4
7.
UTILITY COSTS ................................................................................ ............................... 4
8 .
NOTICE ................................................................................................ ..............................4
9.
TERMINATION AND DEFAULT ..................................................... ............................... 5
10 .
TAXES .................................................................................................. ..............................6
11 .
FIXTURES .......................................................................................... ............................... 6
12.
ASSIGNMENT ..................................................................................... ..............................6
13 .
PERMITS .............................................................................................. ..............................7
14.
ENVIRONMENTAL MATTERS ....................................................... ............................... 7
15.
FENCES / ENCLOSURES ..................................................................... ..............................8
16 .
TITLE .................................................................................................. ............................... 8
17.
CONDEMNATION / ABANDONMENT .............................................. ..............................8
18.
QUIET ENJOYMENT ......................................................................... ............................... 8
19.
COMPLIANCE ..................................................................................... ..............................8
20 .
LIENS .................................................................................................. ............................... 9
21.
ENTIRE AGREEMENT AND BINDING EFFECT ........................... ............................... 9
22.
GOVERNING LAW ............................................................................ ............................... 9
23.
NON - BINDING UNTIL FULLY EXECUTED .................................. ............................... 9
24.
COUNTERPARTS .............................................................................. ............................... 9
{x22789781 j
EMERGENCY WARNING FACILITY SITE OCCUPANCY AGREEMENT
THIS EMERGENCY WARNING FACILITY SITE OCCUPANCY AGREEMENT
( "Agreement ") is made and entered into this day of 2011, between The
Board of Education of the Dublin City School District ( "District ") an Ohio City School District
and the City of Dublin, Ohio an Ohio Municipal Corporation ( "City ").
WHEREAS, the execution of this Agreement has been duly authorized by Resolution No.
passed by the Dublin City School Board on 1 2011.
WHEREAS, the execution of this Agreement has been duly authorized by a Resolution
No. passed by the City Council of the City of Dublin on 1 2011.
NOW, THEREFORE, in consideration of the mutual promises and benefits contained
herein, the parties agree as follows:
AGREEMENT
1. OCCUPIED PREMISES
1.1. District is the owner of an approximately 87.78 acre tract of real property located
on 8300 Hyland -Croy Road in Dublin, Ohio 43016, as more fully described in attached Exhibit
A ( "District's Parcel "). Such parcel is commonly known as "Jerome High School" and has a
Union County Ohio Parcel Number of (Map) 39002900111 and (CAMA) 1370000046001.
1.2. District grants to City, and City accepts from District a portion of District's Parcel
consisting of an approximately three (3) by three (3) (3' x 3') square foot area (total of nine (9)
square feet) as described in attached Exhibit B (hereinafter known as the "Occupied Premises ")
to place certain emergency and disaster early warning notification equipment as described in this
Agreement. District also grants to City the use of access on and over other portions of District's
Parcel specifically including an existing asphalt path and localized ground space immediately
adjacent to the Occupied Premises in order for the City to conduct reasonable construction,
repair and/or maintenance activities and to properly and adequately operate the emergency and
disaster early warning notification equipment on the Occupied Premise.
2. USE
2.1. From and after the Commencement Date, the Occupied Premises will be used by
the City solely for the purpose of City's installing, constructing, operating maintaining,
repairing, altering, inspecting, replacing, and removing certain equipment and /or structures for
an emergency and disaster early warning notification facility, all as detailed and described in
"Exhibit C" attached hereto ( "Emergency Notification Facility "). In accordance therewith City
has the right to construct, erect, maintain, replace, remove, and operate on the Occupied
Premises the Emergency Notification Facility pursuant to terms and conditions of this
Agreement.
(H22189 8 .1 > 1
2.2. The Emergency Notification Facility may be installed by City or by any of City's
agents or contractors. Subject to the requirements of this Agreement and the needs of the District
regarding the District's use of the District's Parcel for school activities and other programming,
the City, at its sole cost and expense, has the right to make repairs, modifications or alterations to
City's Emergency Notification Facility from time to time as City determines to be necessary or
desirable. Alterations or modifications that would materially change the appearance, design or
functionality of the Emergency Notification Facility (as is described and depicted in attached
Exhibit C) shall only be performed with the prior written approval of District, which approval
will not be unreasonably withheld, conditioned or delayed (this section does not apply to routine
repairs and maintenance matters).
2.3. Subject to the requirements of this Agreement, the City has the right to do all
work necessary to prepare and maintain the Occupied Premises for City's placement and
operation of the Emergency Notification Facility. All of City's construction, installation and
maintenance work shall be performed at City's sole cost and expense and in a good and
workmanlike manner. City shall hold title to the Emergency Notification Facility and all of the
Emergency Notification Facility shall remain City's personal property and is not a fixture. City
has the right to remove the Emergency Notification Facility at its sole expense on or before the
expiration or earlier termination of this Agreement, and City shall repair any damage to the
Occupied Premises caused by such removal. Upon the expiration or earlier termination of this
Agreement, City shall remove the Communication Facility from District's Parcel as may be
provided for in this Agreement.
3. TERM
3.1 Term
The primary term ( "Primary Term ") of this Agreement will be for ten (10) years, and will
commence on the date of full execution of this Agreement, (the "Commencement Date ") and will
terminate at 11:59 p.m. on the tenth (10'') anniversary of the Commencement Date unless sooner
terminated as provided for herein
3.2 Extended Term
City is granted the option to extend the Term of this Agreement for four (4) additional
independent periods of ten (10) years each (the "Extended Terms) "), provided City is not at the
time of the exercise of each Extended Term in default under this Agreement. Each of City's
options to extend will be deemed automatically exercised without any action by either party
unless City provides written notice to District of City's decision not to exercise the next
Extended Term option at least thirty (30) days prior to expiration of the then current term
(Primary Term or Extended Term as the case may be).
4. CONSIDERATION
The parties hereby mutually acknowledge and agree that the totality of the benefits and
responsibilities associated with the installation and operation of the Emergency Notification
(H22789 8 .1 }2
Facility on and at the Occupied Premises create satisfactory and mutually beneficial reciprocal
consideration for each party. The parties acknowledge that this Agreement provides the City
with an otherwise unavailable location for the effective placement and operation of the
Emergency Notification Facility in order to provide emergency and disaster early warning
notification to the City's residents, citizens and other individuals who will be located in
geographic proximity to the Occupied Premises and the Emergency Notification Facility. The
parties further acknowledge that this Agreement allows the District to provide the students,
faculty and visitors occupying and using the District's Parcel with currently otherwise
unavailable emergency and disaster early warning notification. Both parties agree that it is in the
best interest of the health, safety and welfare of their individual constituencies and the public to
enter into this Agreement under the terms and conditions contained herein.
5. ACCESS AND EASEMENTS
5.1. District grants to City, for use by City, its employees, agents, contractors, a non-
exclusive access on and over other portions of District's Parcel specifically including an existing
asphalt path and localized ground space immediately adjacent to the Occupied Premises in order
for the City to conduct reasonable construction, repair and /or maintenance activities and to
properly and adequately operate the Emergency Notification Facility on the Occupied Premises.
Subject to the needs of the District regarding the District's use of the District's Parcel for school
activities and other programming and the needs of the City to act in the best interest of the public
health safety and welfare, this access may be used by City and its employees, agents and
contractors for ingress and egress to and from the Occupied Premises and the Emergency
Notification Facility from and to the nearest public or private road on a twenty -four (24) hour,
seven (7) day a week basis.
5.2. It is understood that during construction or maintenance of the Emergency
Notification Facility, City could utilize, or cause to be utilized, vehicles and equipment, which
may cause some damage to the Occupied Premises and/or District's Parcel. As such, it shall be
the City's responsibility to repair and /or replace, at City's sole cost and expense, to District's
specifications and reasonable satisfaction any and all damaged portions of District's Parcel or
Occupied Premises.
5.3. District also agrees that should the City ever require the installation, operation
and/or maintenance of telecommunications service, electric service or other utilities, in order to
adequately and efficiently operate the Emergency Notification Facility on the Occupied
Premises, District shall, without requiring additional consideration, grant to City such non-
exclusive underground or overhead utility easements on the Premises as may be necessary for
the City to properly operate and maintenance the Emergency Notification Facility. Any such
required easements shall be designed and provided in a manner acceptable to the District and all
cost and expenses associated with the granting of any such easements shall be borne by the City.
5.4. Notwithstanding any of the foregoing, District reserves the right to inspect the
Occupied Premises (upon reasonable prior notice unless an emergency situation dictates
otherwise), and to maintain or repair the Occupied Premises or the Emergency Notification
Facility, so long as City's use of the Occupied Premises and City's operation of the Emergency
(H22189 8 .1 >3
Notification Facility is not disturbed. Additionally, City will post, via a sign approved by
District's staff, an emergency telephone number for the purpose of contacting the City or City's
agents regarding the ownership or operation of the Emergency Notification Facility.
6. CONSTRUCTION, SCHEDULING AND DOCUMENTATION
No construction on the Occupied Premises will be commenced without written approval
from Mr. James Davis, Director of Grounds and Facilities (614) 760 -4317, District's
representative (or his successor or appointee). To facilitate this approval, City shall meet with
District's representative to develop a construction schedule, which will coordinate with and
accommodate the District.
7. UTILITY COSTS
City will be solely responsible for and promptly pay all charges for electricity, telephone
service, or any other utility used or consumed by City on the Occupied Premises. Should utility
electrification every be necessary for the Emergency Notification Facility at the Occupied
Premises the City will have its own separate utility service (which may include a separate
meter(s)) installed on the Occupied Premises and the cost of such installation, maintenance, and
repair thereof and any other expense related thereto (including the cost of any separate meter(s))
will be directly paid by City to the utility. City may install an electrical grounding system to
provide the greatest possible protection from lightning damage to the Emergency Notification
Facility.
8. NOTICE
All notices or demands are deemed to have been given or made when received via mail
or delivered in person. Notices, if mailed, shall be sent by certified, registered, or express mail,
return receipt requested, postage prepaid, United States mail and addressed to the applicable
party as follows:
District: Steve Osborne
Treasurer
Dublin City Schools
7030 Coffman Road
Dublin, Ohio 43017
(614) 764 -5913
Emergencv Contact:
James Davis
Director of Facilities and Grounds
Dublin City Schools
7030 Coffman Road
Dublin, Ohio 43017
(614) 760 -4317 (office)
(614) 761 -5856 (fax)
(614) 554 -2476 (cell)
(H22189 8 .1 4
City: Marsha Grigsby
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
(614) 410 -4400
Emergencv Contact:
Tina Wawszkiewicz, P.E.
Civil Engineer
City of Dublin
5800 Shier Rings Road
Dublin, Ohio 43016
(614) 410 -4636
Alternate: Dublin Police Department
Non Emergency # - (614) 889 -1112
A party may change its address to which any notice or demand may be given by written
notice thereof to the other party.
9. TERMINATION AND DEFAULT
9.1 The parties have the right to terminate this Agreement at any time upon any of the
following events:
9.1.1 Upon the City giving District thirty (30) days advance written notice of
termination of this Agreement. Upon such termination, neither party will owe any
further obligations to the other under this Agreement; or
9.1.2 Upon thirty (30) days advance written notice where a default and /or
material breach of the terms and conditions of this Agreement exists and the non -
defaulting party serves written notice to the defaulting party describing the material
breach and /or default and the defaulting party fails to make reasonable attempts to
cure the default and /or material breach within thirty (30) days. Upon such
termination, neither party will owe any further obligations to the other under this
Agreement; or
9.1.3 By District through the proper action of its Board of Education that
determines that the Occupied Premises are necessary for school purposes. Upon any
such termination for school purposes, District will give City one hundred and twenty
(120) days advance written notice of the termination date, and District will in good
faith work with City to find a suitable alternate site on District's Parcel to which City
could relocate its Emergency Notification Facility. Upon such termination without
relocation, neither party will owe any further obligations under this Agreement.
9.2 In the event of any default or termination of this Agreement or City's
abandonment or failure to continue to use the Emergency Notification Facility, City shall be
responsibility for removing all of the Emergency Notification Facility from the Occupied
Premises and restoring the Occupied Premises to substantially the same condition it was in as of
the Commencement Date of this Agreement, as near as practicable (save and except for utilities
installed, access areas improved, removal of vegetation for construction purposes), normal wear
and tear, and acts beyond City's control excepted.
(H22189 8 .1 >5
9.3 In the event the Emergency Notification Facility is abandoned, otherwise left
inoperative by the City or if this Agreement is terminated or in default, District at its sole option
and at City's sole cost and expense, shall either remove the Emergency Notification Facility or
have the right to require City to remove the Emergency Notification Facility.
10. TAXES
City shall be solely responsible for and shall timely pay all personal property taxes
attributable to the Emergency Notification Facility as may be required by law. Unless separately
billed to City by a taxing authority, City shall pay annually to District an amount equal to the
proportionate share of any increase in real estate taxes attributable to any improvement to the
Occupied Premises made by City. City shall pay to District the City's share of any such tax
within sixty (60) days of receipt of sufficient documentation indicating calculation of City's
share and payment of the real estate taxes by District; provided, District provide to City the
documentation from the taxing authority reasonably indicating that the increase is due to the
Emergency Notification Facility. City shall have the right to protest any tax increase. District
and City shall reasonably cooperate with each other in the protest of any such assessment by: (i)
providing each other with information regarding the relative valuation of their property; and (ii)
allowing each other to participate in any proceeding related to the tax protest. Nothing in this
Section shall be construed as limiting either party's right to contest, appeal or challenge any tax
assessment. District must pay annually when due all real estate taxes and assessments
attributable to the Occupied Premises, the Access Easement, the Utility Easement, and the tax
lot(s) of which they are a part. Upon written request by City, District will furnish evidence of
payment of such assessments and taxes.
11. FIXTURES
District covenants and agrees that no part of the improvements installed, constructed,
erected or placed, by City on the Occupied Premises or other real property owned by District
will be or become, or be considered as being, affixed to or a part of District's real property; and
any and all provisions and principles of law to the contrary notwithstanding, it is the specific
intention of District to covenant and agree hereby that all personal property and improvements of
every kind and nature installed, constructed, erected, or placed by City on the Occupied
Premises, or other real property owned by District, will be and remain the property of City
despite any default or termination of this Agreement and may be removed by City at any time at
City's discretion provided that City at its expense restores the Occupied Premises pursuant to
Section 9.2.
12. ASSIGNMENT
Neither the District or the City may assign, or otherwise transfer all or any part of its
interest in this Agreement or in the Occupied Premises (or the Emergency Notification Facility
as the case may be) without the prior written consent of other party. This Agreement shall run
with the District's Parcel and shall be binding upon and inure to the benefit of the parties, their
respective successors, personal representatives, heirs and assigns.
(H22789 8 .1 }6
13. PERMITS
District acknowledges that City, should it be necessary, shall be contacting the
appropriate local governmental agencies for the purposes of obtaining any required building
permits and approvals, zoning changes and /or approvals, variances, use permits, and other
governmental permits and approvals (collectively "Permits ") necessary for the installation,
construction, operation and maintenance of the Emergency Notification Facility. District agrees
to reasonably cooperate with City in obtaining the Permits and, without limiting the generality of
the foregoing, to execute any applications, maps, certificates or other documents that may be
required in connection with the Permits.
14. ENVIRONMENTAL MATTERS
14.1 " Environmental Laws shall mean all federal, state, or local laws relating to
pollution or protection of human health or the environment, including, without any limitation,
the Comprehensive Environmental Response Compensation and Liability Act of 1980
( "CERCLA "), as amended, 42 U.S.C. §9601 et seq., the Resource Conservation and Recovery
Act of 1976 ( "RCRA "), 42 U.S.C. §6901 et seq., and laws relating to emissions, discharges,
release or threatened release of any Hazardous Substance into the environment (including
without limitation ambient air, surface water, ground water or land), or otherwise relating to the
generation, manufacture, processing, distribution, use, treatment, storage, disposal, transport, or
handling of Hazardous Substances and any and all regulations, codes, standards, plans, orders,
decrees, judgments, injunctions, notices or demand letters issued, entered, promulgated or
approved there under.
14.2 " Hazardous Substances shall mean any pollutant, contaminant, hazardous, toxic
or dangerous waste, substance or material, or any other substance or material regulated or
controlled pursuant to any Environmental Law, including, without limiting the generality of the
foregoing, asbestos, PCBs, petroleum products (including crude oil, natural gas, natural gas
liquids, liquefied natural gas or synthetic gas) or any other substance defined as a Hazardous
Substance, "extremely hazardous waste ", "a restricted hazardous waste ", "hazardous material',
"hazardous chemical", "hazardous waste ", "regulated substance ", "a toxic chemical', "a toxic
substance ", or other similar term in any Environmental Law.
14.3 District warrants and represents that (i) it has no knowledge of the presence of
any Hazardous Substance located in, on, under, upon or affecting the District's Parcel in
violation of any Environmental Law; (ii) no notice has been received by or on behalf of District
from, and District has no knowledge that notice has been given to any predecessor owner or
operator of the District's Parcel by, any governmental entity or any person or entity claiming any
violation of, or requiring compliance with any environmental law for any environmental damage
in, on, under, upon or affecting the Property; and (iii) it will not knowingly permit itself or any
third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under,
upon, or affecting the Property in violation of any Environmental Law.
(H22789 8 .1 }7
14.4 City shall meet all standards which currently exist or as may be modified during
the Primary or any Extended Terms of this Agreement in regards to Environmental Laws.
Failure to comply with all such Environmental Laws standards will enable District to terminate
this Agreement pursuant to the provisions of Section 12 of this Agreement.
14.5 Notwithstanding anything to the contrary contained in this Agreement, in the
event the Premises become contaminated with or by Hazardous Substances not due to City's
activities or operations on the Parcel, City shall have the right to terminate this Agreement upon
written notice to District.
15. FENCES /ENCLOSURES
During the Primary Term and each Extended Term, City at its sole cost and expense shall
with District's prior written approval (or upon District request) fence /enclose in only that portion
of the Occupied Premises as City and District mutually determine is reasonable for the proper
and efficient operation and protection of the Emergency Notification Facility.
16. TITLE
District represents and warrants to City that District has good and marketable title to the
Parcel, including the Occupied Premises, free and clear of all liens, encumbrances and
exceptions, of duration and quality equal to that provided to City by this Agreement.
17. CONDEMNATION /ABANDONMENT
If any governmental, public body or other condemning authority takes, or if District
transfers in lieu of such taking, all or part of the Occupied Premises thereby making it physically
or financially infeasible for the Occupied Premises to be used in the manner intended by
Agreement, City shall have the right to terminate this Agreement effective as of the date of the
taking by the condemning party.
18. QUIET ENJOYMENT
District covenants that City, following the Commencement Date and upon observing the
other covenants and conditions herein upon its part to be observed, will peaceably and quietly
hold and enjoy the right to use the Occupied Premises on the terms and conditions and for the
purposes stated herein during the term of this Agreement, as it may be extended, without
hindrance, ejection or molestation by District or any person(s) or entity (ies) claiming under
District.
19. COMPLIANCE
19.1. District represents and warrants that, to the best of its knowledge, all operations
conducted by District in connection with District's Parcel meet all applicable state, federal,
county and local statutes, codes, and regulations. District agrees that it will conduct its
operations in the future in accordance with all such statutes, codes and regulations. District is
not required to obtain any consent under any ground agreement, mortgage, deed of trust or other
(H22189 8 .1 >8
instrument encumbering District's Parcel in order for City to construct, operate, maintain or
access the Emergency Notification Facility.
19.2. During the term of this Agreement, City will comply with all known applicable
laws relating to City's use of the Occupied Premises and operation of the Emergency Notification
Facility. City will not commit or allow to be committed any waste on the Occupied Premises or
any nuisance.
20. LIENS
City shall keep the Occupied Premises and the Emergency Notification Facility free from
any liens arising out of any work performed, materials furnished or obligations incurred by or on
behalf of City.
21. ENTIRE AGREEMENT AND BINDING EFFECT
This Agreement, and any attached Exhibits mentioning this Agreement, constitutes the
entire agreement between District and City; no prior written promises or prior contemporaneous
or subsequent oral promises or representations will be binding. This Agreement will not be
amended or changed except by written instrument signed by the parties hereto. Section captions
herein are for convenience of reference only and neither limits nor amplifies the provisions of
this Agreement. The invalidity of any portion of this Agreement shall not have any effect on the
balance thereof. The provisions of this Agreement shall be binding upon and inure to the benefit
of the heirs, executors, administrators, successors, and assigns of District and City.
22. GOVERNING LAW
This Agreement shall be construed and governed in accordance with the laws of the State
of Ohio. If any term, covenant, condition or provision of this Agreement or application thereof
shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Any
dispute arising hereunder shall be litigated in the appropriate state court of Franklin County,
Ohio or federal court located in the State of Ohio.
23. NON - BINDING UNTIL FULLY EXECUTED
This Agreement is for discussion purposes only and does not constitute a formal offer by
either party. This Agreement is not and shall not be binding on either party until and unless it is
fully executed by both parties.
24. COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be
deemed an original.
(H22789 8 .1 }9
IN WITNESS WHEREOF, District and City have signed this Agreement as of the date
and year first above written.
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[SIGNATURE PAGES TO IMMEDIATLEY FOLLOW]
{x22789781 > Io
DISTRICT
The Board of Education of the Dublin
City School District an Ohio City
School District
IC
Name:
Lynn May
Title:
President
Date:
By:
Name:
Steve Osborne
Title:
Treasurer
Date:
1LVVV0'11L%10
By:
Print Name:
By:
Print Name:
CITY
City of Dublin, Ohio
an Ohio Municipal Corporation
C
Name: Marsha Grigsby
Title: City Manager
Date:
Approved as to Form:
Stephen J. Smith
City of Dublin Director of Law
WITNESSED:
By:
Print Name:
By:
Print Name:
(H2278914, > 11
DISTRICT:
STATE OF OHIO
COUNTY OF FRANKLIN
On before me, , Notary Public, personally
appeared , personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
My commission expires:
CITY:
STATE OF OHIO
COUNTY OF FRANKLIN
(SEAL)
On before me, Notary Public, personally
appeared on behalf of the
corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public,
My commission expires:
<x22789781 J2
EXHIBIT A
DESCRIPTION OF DISTRICT'S PARCEL
To the Agreement dated , 2011, by and between The Board of
Education of the Dublin City School District, as an Ohio City School District, and the City of
Dublin, Ohio, an Ohio Municipal Corporation, as City.
The District's Parcel is described and /or depicted as follows:
Commonly known as: 8300 Hyland -Croy Road, Dublin, Ohio 43016.
Tax Parcel Number: (Map) 39002900111 and (CAMA) 1370000046001
REST OF PAGE LEFT INTENTIONALLY BLANK
{x22789781 J3
EXHIBIT B
OCCUPIED PREMISES
To the Agreement dated , 2011, by and between The Board of
Education of the Dublin City School District, as an Ohio City School District, and the City of
Dublin, Ohio, an Ohio Municipal Corporation, as City.
The Occupied Premises are described and/or depicted as follows:
An approximately three (3) by three (3) (3' x 3') square foot area (total of nine (9) square feet) as
depicted below:
( .....e 1)14
Proposed Siren Location for 2011 no p -
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( ni)15
EXHIBIT C
EMERGENCY NOTIFICATION FACILITY
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WPS2900 Series
ALERTand INFORM
The basic propose of Mass
NoOfication Product is Me
abihryry to ALERFMrough a tone
and MFORM through voice
Ifyoun seen systMIS '
producing on y a tone, then
its only doing half its job!
The most e4edise way to warn the
pollolw us ac lea to aelibeate a na
p owerful mice message This two step
9 innate [otnfuvco�ng a tore or wil
most importantly Savo lives
Our W P4900 Series accomplishes
this in t way[. One Is W ALEPT
the other is W INFOAMNmugh omni
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directionalmice andthnewarning.
The g W PS2900 Series delivers mice
unequalled an d ty a Wniform power
lovely T/ 1 don throughout 360 °.
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WUELEN EZ- PULL" SPEAKER DRIVER PRODUCT EEATURES
• choice of one W ten door directional Speaker
wou �hiaW mM�msW cells assem In a vertical column
_ m,rahm mrvymeowusa •Tan models, 109tlBCW 129tlBC @100'
" alwweloom tri • All WPS2900 speaker cells include our high
Re ? u V a la�
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rrvpb sNl • 50 able included
• Pole top mounting bracket included
Er • Two or three compartment natural finish
WUEIfN'S 2900 SERIES a cabinet
• Public address capability leakage e and
pre atl massages
,or beer • o B attery pow o minutes
m�" ape oo full m f ewer twin batteries our
recommendation
• AC tempe compensated 10amp
-� • Local controls or remote controls
• P ow e r a
tr l Electronic pu
Electronic controller
• Tone generator
• Timer
• Local control pusBbutwns
• Battery sw
Low battery l
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mow° area 'Mw PRODUCT OPTIONS
,arelithironar moiu„wconewr,
• SBC280 -Solar power'
• W PSBATT -Deice 4000 or Interstate
Mail Workaholic 31 -MHD batteries
m •WPSNCMIC- Nolaeanmlling
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• Alternate tone set
• RMIM -0igibl voice message
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Models
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ACTIVATION CONTROLS
Our VITTH and THE Alvation control
packages include the following
•Ratlo
•Radi o interf
• Tone squelch
•2 Side Car directional antenna with
badst
•35 of RG58 antenna cable
• Polywaser
• SI TESTa
• Low battery alarm (two -way only)
Other features are dependant pon one or
two -way controls Whelan equipment can be
interfaced with many tlifferenttypes of two -way
radio communications products and systems
including BOOMhz Funding Motorola MOSCAO,
FSK narrow band and VHf l band Th f -
ng is ava t tl tl options Contact
factory for p ecial applicat
ONE WAYCOMROLS
•AMINA Auxili dfrcont c l
Alvat
•020201 lO digit DUST landing admton
•02020H lO Digit OTMF VHF high band/
150 -170Mh
• 020200 -10 dg LOTMF THE / 450 -470 Mhz
• WPSTT Two -t q tal option
MO WAY COMROLS
•AMCS - Two - way cont closure activation
antl status board
0 C2020 two way landing Alvaton
•C2020H 10 digit OTMF VHF high band/
150170Mhz
• C20200 10 digit OTMF THE /450 470 Mhz
•C2030NH 10 Digit OTMF VHF high band
narro band
• C2020N0 10 digit DTMF THE narrow band
OPTIONS:
•FSKKM00 -Converts Alvation cont
to FSKformat
•STAIM C win LED St
In dicat or
• POIM Pa g 9 t i t f
a Whelan an in a Wnet with ex
paging systems
• INTRO - IYusion alarm
(Available with two -way only)
LIVE PUBLIC ADDRESS AND
PRE - RECORDED MESSAGES
AIERTand INFOW ThOWUOstep
procedure is accomplished through live public
address and pre recorded mice messages
Notify YOUR community base p ith
g pecficto VOOR d
• Live public dd t tl d
• From 1t16 verb maasag d
b i renditi in all y y
P9
•Standard message memory swages
240, 480 or 960 seconds
• Varia length massaging standard
SI TEST
OnlyWheans di San tit tSITESr
fully exercises the system without disturbing
the pubic oa cs TFSry nmrmaton
includes the following.
•AC power On/Off
•DC power at operationa levels
• Partial speaker tl /power amplifier
o
•Flt sp driver /power amplifier
operation
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MASS NOTIFICATION PROOIICIM
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Charter, Goa lM 061124664
(NO)52695V
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