The URL can be used to link to this page

Home My WebLink About06-82 Resolution , L RECORD OF RESOLUTIONS National Graphics Corp.. Cols" 0, ~ ~p Form No. 6233-A Resolution No. ~._____~Q6__:_e.2.~~____u_~___m Passed n __n _U .mnUU____~___. uu. ~m___ ___.m___19 ___uu ~ A RESOLUTION TO APPROVE A COOPERATIVE AGREEMENT FOR THE EXTENSION OF FRANTZ ROAD FROM RINGS D ROAD TO TUTTLE ROAD (TWO (2) LANES), COMMITT THE FUNDS FOR THE VILLAGE SHARE AND, TO AUTHOR- IZE AND DIRECT THE MANAGER TO ADVERTISE FOR BIDS FOR THE IMPROVEMENT OF THE U.S. 33-FRANTZ AND POST ROAD INTERSECTION. WHEREAS, a cooperative agreement has been reached to extend two (2) lanes of Frantz Road from Rings Road to Tuttle Road and: WHEREAS, plans and specifications have been completed for the improvement of the U.S. 33-Frantz and Post Road Intersection: i NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State ! of Ohio, S of the elected members concurring: I I SECTION 1. Village Council hereby appropriates from unappropriated Funds sufficient funds (estimated at $175,000.00) to construct the Village portion of the extension of Frantz Road from Rings Road to Tuttle Road through a coop- erative agreement with developers. SECTION 2. Village Council hereby authorizes and directs the Village Manager to advertise for bids for the improvement of the U.S. 33-Frantz and Post Road Intersection. [J SECTION 3. This Resolution shall take effect and be in force from and after the earliest period allowed by law. Passed this S-tL day of flpr; / , 1982. ATTEST: ~ l/).~~ Clerk of ouncil 'I Sponsor: Mayor James Lewis I i i I ! ~ I i ! , Vorys, Sater, Seymour and Pease Arthur L vorys 52 East Gay Street In washington 1856-1933 Post Office Box 1008 Suite III1 LOW~ F. Sater 1828 L Street. NW 18 7-1935 Columbus, Ohio 432 16 washington. O,c. 20036 AU\ustus T. Seymour - 1 73-1926 Telephone (614) 464,6400 - Edward L. Pease Telecopler (614) 464-6350 Telephone (202) 822-8200 1873-1924 Cable vorysater Telex 440693 Writer's Direct Dial Number July 30, 1982 (614) 464-5614 G Sherman Sheldon Michael T. Gunner, Esq. Mr. Village of Dublin Smith & Gunner Village Administrator 5354 Cemetery Road 6665 Coffman Road Box 307 P.o. Box 206 Hilliard, Ohio 43026 Dublin, Ohio 43017 Mr. Charles Wolfe Village of Dublin Village Engineer 6665 Coffman Road P.O. Box 206 Dublin, Ohio 43017 Subject: Frantz Road Extension Gentlemen: Enclosed for your review prior to execution are copies of the Street Improvements Agreement, revised as we discussed in our conference of July 30, 1982. Under copies of this letter I am also forwarding copies of such Agreement (\ to Messrs. Thomas, Smith and Markworth. After everyone's review of the revised Agreement, and to the extent that the same is satisfactory in form and substance, Mr. Thomas will sign three duplicate originals of the Agreement, forward the same to Messrs. Smith and Markworth, and ultimately cause delivery of the same to the Village of Dublin for appropriate execution. Thereafter, please deliver to Mr. Markworth and me a fully-executed original of the Agreement. I will make sure that Messrs. Thomas and Smith receive copies of the same. If you wish to discuss the enclosed, please call. v~ yours, J P.~ JPW: lh Enclosure cc: Mr. Michael H. Thomas (w/Enc. ) Mr. H. Daniel Smith (w/Enc. ) Thomas Markworth, Esq. (w/Enc. ) - .....-. 41 . STREET IMPROVEMENTS AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 1982, by and among THE VILLAGE OF DUBLIN, OHIO, an Ohio Municipal corporation, FRANTZ-RINGS COMPANY, an Ohio general partnership, and LLEWELLYN FARMS, LTD., an Ohio limited partnership, and the terms and conditions of this Agreement as they relate to him are acknowledged and agreed to C by H. DANIEL SMITH, an individual doing business as Smith Associates. WITNESSETH: ~~EREAS, each of the above parties agree that it is in their interest and benefit that Frantz Road be extended from its present terminus at Rings Road southerly to intersect at Tuttle Road; and WHEREAS, a part of this proposed road lies within that project known as Cramer Creek which has been previously approved by the Village of Dublin, and which proposed road must be constructed before any development can take place; and WHEREAS, a part of the proposed road lies within that area known as Llewellyn Farms, which part has been previously annexed and zoned by the Village of Dublin, a condition of such annexation and rezoning to previous owners being the construction of this roadway; and WHEREAS, a part of the proposed road ("Part C") lies within an existing dedi- cated right-of-way, and said part represents the connecting link between those parts to be constructed by Frantz-Rings Company and Llewellyn Farms, Ltd., and said part is to be constructed by the Village of Dublin; NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements hereinafter set forth, the parties herein do hereby agree as follows: C 1. The costs of design and construction of Frantz Road extension from Rings Road to Tuttle Road shall be shared by the three parties, The Village of Dublin, Frantz- Rings Company, and Llewellyn Farms, Ltd. To define the method of sharing costs, the improvements shall be broken down into the following parts: Part "A": This is the northerly end of the roadway, extending from the centerline of Rings Road south for a distance of about 395 feet. This portion is part of the Cramer Creek subdivision plan, which plan and the Plat therefor were finally approved by the Village of Dublin by Ordinance passed in the Council meeting of March 17, 1980 (which plan, Plat and Ordinance, together with all plans, specifications and drawings prepared or approved in connection therewith, are hereinafter collectively called the "Cramer Creek Plans", and all of which are hereby incorporated herein by this reference). This norther- ly end of the roadway will have to be redesigned, however, with the costs of redesign and additional construction in connection therewith to be paid by the Village of Dublin. Frantz-Rings Company's total liability with respect to this part shall be limited to the total estimated costs of construction had this part been constructed in accordance with the Cramer Creek Plans. Frantz-Rings Company or its predecessors have already paid the costs of design of this part (Le. , the design in accordance with the Cramer Creek Plans). Any costs incurred resulting from the redesign of this part, or resulting from the design or construction of this part other than as detailed in the Cramer Creek Plans, shall be paid by the Village of Dublin. Part "B": This part extends south of Part "A" for a distance of about 300 feet. This part has already been designed and approved as part of the Cramer Creek Plans, need not be redesigned, and shall be constructed in accordance with the Cramer Creek Plans. However, ,., this part will have to be incorporated into the total construction package. The costs of "*,,,,0- design of this part have already been paid by Frantz-Rings Company or its predecessors. ",.."J The costs of construction of this part shall hereafter be paid by Frantz-Rings Company; provided that, any costs incurred resulting from the redesign of this part, or resulting from the design or construction of this part other than as detailed in the Cramer Creek Plans, shall be paid by the Village of Dublin. Part "C": This part extends south of Part "B" for a distance of about 365 feet. The proposed 365 feet of 12" waterline and 323.59 feet of 18" storm sewer in this part has been designed and approved as part of the Cramer Creek Plans, need not be redesigned, and shall be constructed in accordance with the Cramer Creek Plans. The costs of design of said proposed waterline and storm sewer have already been paid by Frantz-Rings Company or its predecessors. The costs of construction of said proposed waterline and storm sewer shall hereafter be paid by Frantz-Rings Company~ provided that, any costs incurred re- sulting from the redesign of said waterline or storm sewer, or resulting from the design - -.-<"-1'-. - ---._---- . , or construction of said waterline or storm sewer other than as detailed in the Cramer Creek Plana, shall be paid by the Village of Dublin. The roadway in this part will have to be designed, which includes a major stream crossing. The total costs of design and construction of the entire roadway and any stream crossing (including any necessary bridge) in this part shall be paid by the Village of Dublin, and neither Frantz-Rings Company nor Llewellyn Farms, Ltd. shall have any obligations with respect thereto. I Part "D": This part extends southerly from Part "c" for a distance of about 1,930 feet to the centerline of Tuttle Road. This part is included in the approved preliminary plan for Llewellyn Farms. Design of this part shall include either a separate plat of dedication or a Deed of Easement conveying the ,same to the Village of Dublin. The costs of design, () platting, dedication, conveyance and construction of this part shall be paid by Llewellyn Farms, Ltd. 2. "Costs of construction" as used herein shall include construction costs, staking costs, surveying expenses (except as set forth in paragraph 3), labor costs, costs of materials and other actual construction expenses. 3. "Costs of design" as used herein shall include engineering fees, architectuaJ fees, preconstruction surveying fees and other actual design expenses. 4. All fees charged by governmental authorities and all municipal inspection fees charged or incurred in connection with these i.mprovements, if applicable or if any, shall be the responsibility of and paid by the Village of Du~lin. 5. Notwithstanding anything contained herein to the contrary: (i) this agree- ment represents the entirety of the obligations of Frantz-Rings Company and Llewellyn Farms, Ltd. with respect to the herein-described roadway and stream crossing ( including any necessary bridge), the waterline and the storm sewer, and no special or other assess- ments or charges to pay the costs, or any portion thereof, of the design or the construc- tion of the herein-described roadway and stream crossing (including any necessary bridge), the waterline or the storm sewer herein-described, shall at any time now or hereafter accrue to or be made against Frantz-Rings Company, it successors or assigns, or Llewellyn Farms, Ltd., its successors or assigns; (ii) Frantz-Rings Company, its successors and assigns, shall have the right at all times hereafter to receive water and to tap into or gain access to the waterline and storm sewer herein-described, and to construct lines, ex- C tensions and laterals thereto and therefrom, and no front foot charges, acreage charges or charges or surcharges pursuant to Village of Dublin Ordinance No. 81-80 (passed May 18, 1981) shall at any time now or hereafter accrue to or be chargeable or made against Frantz-Rings Company, its successors or assigns, in connection with its tapping into or gaining access to the waterline and storm sewer herein-described; (ii.i) no special or other assessments or charges to pay the costs, or any portion thereof, of the design or the construction of any widening or enlargement of Frantz Road (or any stream crossing or bridge with respect thereto) up to and including four (4) lanes shall at any time now or hereafter accrue to or be made against'Frantz-Rings Company, its successors or assigns, or Llewellyn Farms, Ltd., its successors or assigns; and (iv) if it becomes practical or necessary to design and construct at Llewellyn Farms, Ltd. 's expense a waterline and/or storm sewer improvements in connection with the design and construction of Part "D" hereof, then no special or other assessments or charges to pay the costs, or any portion thereof, of the design or construction of said waterline or storm sewer shall at any time now or hereafter accrue to or be made against Frantz-Rings Company, its successors or assigns, or Llewellyn Farms, Ltd., its successors or assigns, and in such event, Llewellyn Farms, Ltd., its successors and assigns, shall have the right at all times hereafter to receive water and to tap into or gain access to said waterline and storm sewer, and to construct lines, extensions and laterals thereto and therefrom, and no front foot charges, acreage charges or charges or surcharges pursuant to Village of Dublin Ordinance No. 81-80 (passed May 18, 1981) shall accrue to or be chargeable or made against Llewllyn Farms, Ltd. , its successors or assigns, in connection with its tapping into or gaining access to the waterline and storm sewer herein-described. . 6. Upon completion of the design and construction of the roadway, waterline .... "., and storm sewer improvements herein-described, certification by the Village of Dublin Engineer that the same have been properly designed and constructed shall constitute an ....,; acceptance thereof by the Village of Dublin. Upon such acceptance, and except for such obligations as they may have in connection with any warranty against defects in materials and workmanship, Frantz-Rings Company and Llewellyn Farms, Ltd. shall have no further liability, responsibil~ty or obligations whatsoever in connection with such improvements, and the Village of Dublin shall at all times thereafter and at its own expense own, control, maintain, repair and care for said improvements, and the Village of Dublin shall further in- demnifyand save harmless Frantz-Rings Company and Llewellyn Farms, Ltd., and their respecti, successors and assigns, from and against any and all liability, losses, claims, actions or other matters which mayor could arise as a result of or in connection with the use of said roadway, waterline or storm sewer improvements or the Village of Dublin's ownership, control, maintenance, repair or care of the same; provided however that, this paragraph 6 -2- ~ .' ~ - shall be subject to all relevant ordinances of the Village of Dublin, its successors and assigns, and shall in no event be construed to prevent recourse, if any, against Frantz- Rings Company, Llewellyn Farms, Ltd., or their employees, agents, contractors, successors, assigns, designees or those acting in concert therewith, from any act attributable to the negligence of any of the foregoing. 7. H. Daniel Smith, d/b/a Smith Associates, shall act as supervising architect, without fee, of the design and construction of the proposed improvements. H. Daniel Smith, d/b/a Smith Associates, shall contract for all engineering and construction ser- vices. All such contracts must be reviewed and approved by all parties before execution thereof and before the start of any work. Said contracts shall be based upon a lump-sum C or fixed fee, and shall be broken down to clearly show the amounts to be obligated to each party. Any changes to said contracts shall also be approved by all parties, which shall also be broken down into costs obligated to each party. 8. Engineering and construction contracts shall be allocated in such a manner that each party shall pay and be responsible for all obligations associated with the particular portion of the entire project designated to them on the map attached and herein. Requests for payment for engineering and construction services performed shall be submitted at least monthly to H. Daniel Smith, d/b/a Smith Associates. Said requests shall be apportioned to each party according to the costs which should be attributable to each party per the map attached and herein. Each party shall promptly remit payment upon receipt of the invoice .from the supervising architect. 9. Before any contract is entered into by H. Daniel Smith, d/b/a Smith Asso- ciates, he shall be given satisfactory evidence from the other parties that the necessary funds are available and set aside for this project. 10. All proposed improvements shall be in accordance with Village of Dublin ordinances and construction regulations, but approvals with respect thereto shall not be unreasonably withheld by the Village of Duhlin. 11. Each party signing this agreement, other than H. Daniel Smith, d/b/a Smith Associates, shall during construction maintain adequate public liability insurance (mini- mum limit of $500,000.00 for each person, $1,000,000.00 for each occurrence) until the completed road is accepted by the Village of Dublin. 0 12. Each party hereto agrees that this agreement is merely a cooperation agree- ment for the completion of the extension of Frantz Road and is not intended nor should it be construed as a partnership or joint venture. None of the parties signing this agree- ment assumes, nor in any manner is it intended that any party will be liable for, the debts of any other party signing hereto. Each party agrees to indemnify and save and hold harmless H. Daniel Smith, d/b/a Smith Associates, from any and all liability which may arise by virtue of his acting as supervising architect hereunder, except that this in- demnity and hold harmless agreement shall not extend to intentional acts beyond those authorized by this agreement nor to intentional misappropriation of funds. This agreement js not intended to nor shall it modify any exjsting agreements among the parties, except as otherwise. specifically provided herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officials or agents as of the day and year first above written. VILLAGE OF DUBLIN, OHIO FRANTZ-RINGS COMPANY By By VILLAGE ADMINISTRATOR Its By LLEWELLYN FARMS, LTD. FINANCE DIRECTOR XJ By Its By his execution hereof, H. Daniel Smith, d/b/a Smith Associates, acknowledges : and agrees that the foregoing Agreement is acceptable in all respects, and further expressly agrees to the terms and conditions thereof and agrees to fully comply with the foregoing Agreement as it relates to him and/or obligates him to perform. H. DANIEL SMITH, D/B/A SMITH ASSOCIATES Approved As To Form: By: Village of Dublin Solicitor -3-