14-77 Resolution
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- RESOLUTIONS
" ; RECORD OF ~
National Graphics Corp.. Cols.. O. ~ Form No. 2806-A
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ResolutIon 14 77 AP
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A RES()Lt.rrIO~J AUTHO!UZING lEE
VILLAGE AT)~f.INJ:STRATOR T0 EXECUrn
I .AND DELIVER A l'!ATERLINE AGREE-
n fmr BET1'lEEl'eUm VILLAGE OF
1.) Dt1i3LINAND COHPU - SERVC. , INC.
Fe it R~~I..."rn hy the r:otmcil of the Village of Duhlin, ohio It,
of the elected members concurrinp, that:
; SECTION 1. The Village Administrator is, hereby, authorized and
; directed to enter into a certain "Water Line" Agreement, a copy of which
is attached hereto, marked Exhibit "A" and made a part hereof.
SECTION ~. This Resolution be in effect and take force immediately
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: upon its passage.
~ Passed this K day of /1,41 L , 1~77.
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o Ihj~..~ I
ATIEST:
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er - reasurer
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WATER LINE EXTENSION AGREEMENT
THIS WATER LINE EXTENSION AGREEMENT (hereinafter referred to as
"Agreement") made effective this --1~1t+ day of Act ILl L , 1977,
by and between the VILLAGE OF DUBLIN, OHIO, a municipal corporation,
C hereinafter referred to as "Dublin" and Compu-Serve Network Inc., an
Ohio corporation hereinafter referred to as "Compu-Serv", pursuant to an
ordinance duly passed by "Dublin" on the _I'.... day of f\D "''''- ,
1977 .
WITNESSETH:
WHEREAS, Compu-Serv has purchased a tract of rea 1 property on
Tuller Road, Dublin, Ohio, for the purpose of erecting a single story
office building containing approximately 20,000 square feet of floor
space to house computer facilities and administrative offices; and
WHEREAS, the above tract is not now served by water facilities; and
WHEREAS, Dublin and Compu-Serv desire to reach an agreement to
provide water facilities to serve the said tract;
C NOW, THEREFORE, Dublin and Compu-Serv, in consideration of the
covenants and agreements herein contained, agree as follows:
l. Dublin hereby agrees to allow Compu-Serv, or its agents, to construct
and connect the proposed new water main project from Sawmill Road westerly
along Tuller Road to the aforementioned tract.
2. Compu-Serv hereby agrees to privately construct at its own cost and
expense a water main project to be known as TULLER ROAD WATER LINE
IMPROVEMENT in accordance with detailed plans and specifications, to be
submitted by Compu-Serv and approved by Dublin and the City of Columbus,
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Ohio.
3. After the project has been completed and approved by the Dublin
Village Engineer, the Dublin Village Administrator shall issue a Letter
0 of Completion to Compu-Serv within thirty (30) days after receipt by
Dublin of the certified cost of construction statement as herein provided.
Upon issuance of the Letter of Completion, the water lines and other
appurtenances shall thereupon become the property of, and title shall
immediately vest in Dublin, or its successors or assigns.
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4. If the water main is required by Dublin to be larger than eight
(8) inches in nominal diameter, Dublin shall pay and/or allow as a
credit on any water permit or capacity charges due Dublin One Hundred
and Ten Percent (110%) of the difference in the cost of the pipe, fittings
and valves between the installation of an eight' (8) inch water main and
C the water main ins taIled in accordance with Resolution No. 21-74, which
is attached hereto and made a part hereof as Exhibit "A". The Dublin
VillageEngineer shall determine from the certificate of cost of construction
statement, referenced herein, and from other sources, the cost of the
pipe, fittings and valves, and such determination shall be final.
5. Compu-Serv agrees to furnish a certified statement to Dublin
within ninety (90) days after completion of the construction work,
itemizing the total cost of construction and indicating specifically the
cost of those items eligible for reimbursement. Compu-Serv shall also
submit therewith receipts for all labor and materials used in connection
with the construction of the water main, together with final, as-built
plans, properly referenced for future 10cation of the water main.
6. Compu-Serv hereby agrees to be responsible for all maintenance
C of said water line during the first year, said year to begin on the date
of the Letter of Completion, referred to in paragraph 3 above. Compu-
Serv shall not, however, be responsible for any repairs made necessary
by the extension or use of the subject water line by someone other than
Compu-Serv.
7. Dublin hereby grants permission to Compu-Serv and its agents
to lay, construct and maintain the proposed water line in any public
rights-of-way, public places or public easements, including the right to
extend said water line under any paved or improved surfaces, all in
accordance with the plans and specifications approved as aforesaid.
8. Compu-Serv hereby agrees to assume at its own expense the
defense of, and to indemnify and save free and harmless Dublin and its
0 officers and agents against any and all liability, judgments, suits,
costs, damages', claims or expenses which may accrue against Dublin, its
officers and agents in consequence of injuries or damages occurring to
any person or property occasioned by or growing out of the construction
of the project herein authorized.
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9. Compu-Serv, its successor or assign, shall be permitted to
recoup a portion of its cost of construction of the water main project
through an eight dollar ($8.00) per front foot charge to be charged by
Dublin against property owners who are adjacent to the water main project,
and when the tap permit is applied for in accordance with Resolution No.
e 21-74, attached hereto as Exhibit "A". Such charge shall be paid to
Dublin by any such property owner upon application for a permit to tap
into the water main project, and thereafter paid over to Compu-Serv, its
successor or assign. The exact amount per front foot 'reimbursement to
Compu-Serv shall be determined by dividing the cost of the water main
project paid by Compu-Serv, _:~c~~ding oversize costs which~ill be paiq
by Dublin, by the available frontage abutting on the water main, provided
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that the total amount of reimbursement shall not exceed the aforementioned
Eight Dollars ($8.00) per front foot of property served. This right to
recoup costs hereunder shall cease and terminate forty (40) years after
the Letter of Completion is issued.
IN WITNESS WHEREOF, the parties hereto have set their hands effective
C the date and year first aforesaid.
VI~~~4
By: , .v ~
illage Administrator
COMPU-SERV NETWORK, INC.
BY:
, its
Approved as to form:
Village Solicitor
CONSENT
0 The City of Columbus by its undersigned duly authorized representative
set forth below hereby consents to the aforementioned connection to and
extension of the Columbus water main system and hereby agrees to grant any
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easements necessary for the proposed water main extension, where Columbus
has the right to do so, as indicated on the approved plans and specifications.
CITY OF COLUMBUS, OHIO
BY:
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