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HomeMy WebLinkAbout04-84 Ordinance RECORD OF ORDINANCES 115 ---~-_._- Form No. 2806-A National Graphics Corp" Cols., O. ~ Ordinance No.... 04-84 Passed.... ....... ,,19. ------------ ----------- AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE MANAGER TO ENTER INTO A SEWER LINE AGREEMENT WITH THE LLEWELLYN FARM DEVELOPERS, SECTION I. WHEREAS, the Llewellyn Farm developers have constructed an oversized Sewer line to provide for future extensions to provide for further development and service to property owners west of the Llewellyn tract, and; WHEREAS, an Agreement for payback for said oversizing has been prepared for Council consideration; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, J of the elected members concurring: SECTION 1. That the Mayor and Village Manager are hereby authorized and di- rected to execute an agreement with said Llewellyn Farm developers per the conditions of said agreement hereto attached and marked as Exhibit "A". SECTION 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this ".}I /~ day of J~y , 1984 /' ATTEST: ~? '- ~ . /tfl-?Z,{j!KJ ~. /~--?'~ C erk of Coun 1 Sponsor: Village fV1anager I hereby certify that copies of this Ordinance/Resolutir n were po:.tcd in t!,e , d D;;~I:r1 in accordance With Section jl:~1..25 ct f;2 O;;~J R2;~;j~8~.J L0~e. /J '/ L.-1./cC'.L-r-./ Jl:l'l'U L~' Y/j Clerl\ of Council , " ~ '1: t, ';r /1" SEWER LINE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1984, by and among THE VILLAGE OF DUBLIN, OHIO, an Ohio municipal corporation classified as a Village (hereinafter called "Dublin"), and MUL nCON BUILDERS, INC., an Ohio corporation (hereinafter called "Mul ticon"), PLANNED COHMUNITIES REAL TY-LLEWELL YN, a partnership (hereinafter called "Planned Communi ti es"), and LLEWELLYN FARMS, L TO. , an Ohio limited partnership (hereinafter called "Llewellyn"), with Multicon and Planned Communities sometimes collectively referred to herein as the "Developers" ; WITNESSETH: WHEREAS, Planned Communities owns and is developing a certain tract of land totalling approximately 20.901 acres situated in the Village of Dublin, Franklin County, Ohio, and located in the general vicinity of Frantz Road between Rings and Tuttle Roads in Dublin, which tract of land is known as the LLEWELLYN FARMS SECTION I SUBDIVISION and is hereinafter referred to as "Llewellyn Farms Section I"; and WHEREAS, Multicon is presently in the process of constructing the sanitary sewer line and related improvements upon a portion of the 125.867 acres owned by Llewellyn; and WHEREAS, said sanitary sewer improvements will serve the properties owned by Planned Communities and Llewellyn; and WHEREAS, Dublin desires that said sanitary sewer line be sized in order to serve the property owners and provide for further development west of Frantz Road; and WHEREAS, Hulticon1s and Planned Communities' plans would require the construction of a sanitary sewer line consisting of approximately 2269 feet of 10 inch pipe from the existing terminus on Frantz Road (at the Sherex office building) to a point on the boundary of Planned Communities' and Llewellyn's Property wi th Dublin Road (hereinafter "Developers' Proposed Line"), and Developers' engineers have determined that a 21 inch sanitary sewer line is far in excess of that required to service Planned Communities' and Llewellyn's Property; and WHEREAS, Multicon is willing to construct a 21 inch sanitary sewer line across Llewellyn's Property to a terminus on the east side of Planned Communi ti es ' Property and to cause the conveyance of title to such sewer line if, upon construction completion of said line, conveyance of title and grant of said easement, Dublin is willing to pay the difference between the cost to Multicon of the 21 inch sanitary sewer pipe and the costs for sanitary sewer pipe which Multicon would have incurred had Multicon constructed Developers' Proposed Line; and WHEREAS, in order to provide for further development and service to property owners west of Frantz Road, Dublin is willing to pay to Multicon the difference between the cost to Multicon of the 21 inch sanitary sewer pipe and the costs for sanitary sewer pipe which Multicon would have incurred had Multicon constructed Developers' Proposed Line. Nm~~ THEREFORE, in consideration of the foregoing and the covenants and agreements hereinafter set forth, the parties hereby agree as follows: 1 . Multicon shall arrange, contract for and cause to be done such engineering and construction work as shall be necessary in order to design and construct a 21 inch sewer line and related facilities from the existing terminus of such sewer line on Frantz Road to a point on the east boundary of Planned Communi ti es ' Property (hereinafter called the "New Sewer Facilities"). 2. Multicon shall have prepared by C. F. Bird and R. J. Bull, L td. , at the expense of Mul ticon, certain cost estimates which shall establish (a) the amount that Multicon would have had to pay to others in connection with the purchase of sanitary sewer pipe for construction of Developers' Proposed Line (hereinafter called the "Developers' Proposed Pipe Cost") and (b) the amount that Multicon will pay to others in connection with the purchase of sanitary sewer pipe for construction of the New Sewer Facilities (hereinafter called the "New Sewer Facili ties Pipe Cost"). -2- - 3. Upon completion of construction of the New Sewer Facilities and acceptance thereof by Dublin, Llewellyn and Developers convey to Dublin title to the New Sewer Facilities and shall grant to Dublin certain permanent ease- ments across Llewellyn's and Planned Communities' Property for ingress and egress to and from the New Sewer Facilities and for the repair, maintenance and replacement thereof, as follows: (a) A permanent easement aprroximately twenty ( 20) feet in width and approximately 2269 feet for the entire length of the New Sewer Facilities from its existing terminus to the west boundary of Llewellyn's Property. Certification by the Dublin Engineer that the New Sewer Facilities have been constructed in accordance with the Plans and Specifications shall constitute an acceptance thereof by Dublin, and, upon delivery of the instruments con- vey i ng ti tl e, the title to the New Sewer Facilities ahll be vested in Dublin and the same shall thereupon be and become a part of Dublin's sewer facilities. After acceptance of the New Sewer Facilities by Dublin, Llewellyn and Developers shall have no liabili ty or responsibili ty whatsoever in connection therevli th, except that Developers shall cause repairs to be made to the same necessitated by defects in the original construction which appear within a period of one (1) year fOllowing the date of such acceptance. Developers' obligation to make repairs shall be secured by a performance bond furnished by a surety acceptable to Dublin or a letter of credit issued by a banking institution acceptable to Dublin, said bond or letter of credit to be in an amount equal to ten percent (10%) of the total cost of constructing the New Sewer Facilities. Notwithstanding anything in this ParaC)raph 3 to the contrary and further not- withstanding that Llewellyn and Planned Communities shall convey to Dublin title to the New Sewer Facilities, at all times prior to and after the con- veyance to Dublin of title to the New Sewer Facilities, Dublin shall not impose upon Planned Co~nunities or Llewellyn and Planned Communities and Llewellyn shall not incur charges for taps or other charges for access to or use of the New Sewer Facilities in excess of those charges which Planned Communities and Llewellyn would have incurred had Multicon constructed Developers' Proposed Line. -3- 4. As consideration for the construction of a sanitary sewer line substantially larger than required and initially planned by Developers, the conveyance to Dublin of title to the New Sewer Facilities and the granting to Dublin of the easements as provided in Paragraph 3 hereof, Dublin shall reimburse to Multicon an amount equal to the difference between the New Sewer Facilities Pipe Cost and the Developers' Proposed Pipe Cost (hereinafter called "Dublin's Cost", the amount of which Dublin's Cost Dublin and Developers herein acknowledge to be $57,686.95). Reimbursement of Dublin's Cost by Dublin to Multicon shall be made after the transfer of title thereto by Llewellyn and Planned Communities to Dublin and shall be paid or credited to Multicon as follO\'ls: (a) from all Dublin sewer tap fees received by Dublin and which are attributable to this sewer line serving the Llewellyn Farms Development-Multicon Builders, Inc., Section I. (b) from all Dublin sewer taD fees received by Dublin from develop- , ments in the tributary area which are directly served by this sewer line. These payments shall be made only as funds become available but, in any event, no more often than semi-annually. Such payments shall continue until Developer has been reimbursed in full or, for a period of twelve (12) years, whichever comes first and, in the event that Dublin does not receive sufficient tap fees to reimburse the Developer within this twelve (12) year period, Dublin shall have no further obligation to reimburse Developer from any other fund or funds. 5. At any time during the period of construction of the New Sewer Facilities and for a period of one (1) year after acceptance thereof by Dublin as hereinbefore provided, Dublin may, during normal business hours and through its duly authorized agents, attorneys or accountants, examine the books and records of Multicon pertaining to the costs incurred by Multicon in purchasing pipe for construction of the New Sewer Facilities. 6. Multicon shall cause its agents and the contractors and subcontractors engaged in construction of the New Sewer Facilities to comply with the Workers' Compensation Law of the State of Ohio and shall indemnify and hold harmless -4- Dublin from any and all claims, demands, actions or liabilities arising out of personal injury, death or property damage resulting from the construction work performed or caused to be performed by Developers pursuant to this agreement. 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 MULTICON BUILDERS, INC. by (}~~~ by (Title) Ma r by "b~ DUBLIN PLANNED COMMUNI TIES REAL TV - '_LEWELLYN by (Partner) . by (Title) LLEWELLYN FARMS, LTD. by (General Partner) -5- ~~Y ~.\( 4. ~ tJ '7 ~1-~~ ~ " E'1:t,/,'r J'JII SEWER LINE AGREEMENT THIS AGREEMENT, made and entered into this I day 0 f n'} it Ie. c/I , 1984, by and among THE VILLAGE OF DUBLIN, OHIO, an Ohio municipal corporation classified as a Village (hereinafter called lIDublin"), and MULTICON BUILDERS, INC. , an Ohio corporation (hereinafter called "Multicon"), PLANNED COt~MUNITIES REALTY-LLEWELLYN, a partnership (hereinafter called "Planned Communities"), and LLEWELLYN FARHS, L TO., an Ohio limited partnership (hereinafter called "Llewellyn"), with t-1ulticon and Planned Communities sometimes collectively referred to herein as the "Developers" ; I'll TNESSETH: WHEREAS, Planned Communities owns and is developing a certain tract of land totalling approximately 20.901 acres situated in the Village of Duhlin, Franklin County, Ohio, and located in the general vicinity of Frantz Road Detween Rings and Tuttle Roads in Dublin, which tract of land is known as the LLEWELLYN FARHS SECTION I SUBDIVISION and is hereinafter referred to as "Llel'lellyn Farms Section I"; and WHEREAS, Multicon is presently in the process of constructing the sanitary sewer line and related i~Jrovements upon a portion of the 125.867 acres owned by Llewellyn; and WHEREAS, sai d sani ta ry sewer improvements will serve the properties owned by Planned Communities and Llewellyn; and ','jHEHEAS, Dublin desires that said sanitary sewer line be sized in order to serve the property owners and provide for further development west of Frantz Road; and WHEREAS, Hulticon's and Planned Communities' plans would require the construction of a sani tary sewer line consisting of approximately 2269 feet of 10 inch pipe from the existing terminus on Frantz Road (at the Sherex office building) to a point on the boundary of Planned Communities' and Ll ewellyn I s Property wi th Dublin Road (hereina fter "Developers' Proposed Line"), and Developers' engineers have determined that a 21 inch sanitary sewer line is far in excess of that required to service Planned Communities' and Llewellyn's Property; and WHEREAS, Multicon is willing to construct a 21 inch sanitary sewer line across Llewellyn's Property to a terminus on the east side of Planned Communi ti es' Property and to cause the conveyance of title to such sewer line if, upon construction corrpletion of said line, conveyance of ti tle and grant of said easement, Dublin is willing to pay the difference between the cost to Multicon of the 21 inch sanitary sewer pipe and the costs for sanitary sewer pipe which Multicon would have incurred had Multicon constructed Developers' Proposed Line; and WHEREAS, in order to provide for further development and service to property owners west of Frantz Road, Dublin is willing to pay to Multicon the difference between the cost to Multicon of the 21 inch sanitary sewer pipe and the costs for sanitary sewer pipe which Multicon would have incurred had Multicon constructed Developers' Proposed Li ne. Nm~. THEREFORE, in consideration of the foregoing and the covenants and agreements hereinafter set forth, the parties hereby agree as follows: 1 . Multicon shall arrange, contract for and cause to be done such engineering and construction work as shall be necessary in order to design and construct a 21 inch sewer line and related facilities from the existing terminus of such sewer line on Frantz Road to a point on the east boundary of Planned Communi ti es' Prop erty (hereinafter called the "New Sewer Facili ties"). .~ Mul ticon shall have prepared by C. F. Bi rd and R. J. Bull, L td. , L. at the expense of Multicon, certain cost estimates which shall establish (a) the amount that Multicon would have had to pay to others in connection with the purchase of sanitary sewer pipe for construction of Developers' Proposed Line (hereinafter called the "Developers' Proposed Pipe Cost") and (b) the amount that Multicon will pay to others in connection with the purchase of sanitary sewer pipe for construction of the New Sewer Facilities (hereinafter called the "Nevi Sewer Facili ties Pipe Cost"). - 2- 3. Upon corrpletion of construction of the Nev.J Sewer Facilities and ClCceptance thereof by Dublin, Llewellyn and Developers convey to Dublin title to the New Sewer Facilities and shall grant to Dublin certain perManent ease- ments across Llewellyn's and Planned Communities' Prop erty for ingress and egress to and from the New Sewer Facilities and for the repair, maintenance and replacement thereof, as foIIOl-,Js: (a) A ~ermanent easement approximately twenty ( 20) feet in width and approximately 2269 feet for the entire length of the New Sewer Facilities from its existing terminus to the viest bounda ry 0 f Ll ewellyn' s Property. Certification by the Dublin Engineer that the New Sewer Facilities have been constructed in accordance with the Plans and Specifications shall constitute an acceptance thereof by Dublin, and, upon delivery of the instruments con- v ey i ng ti tl e , the title to the New Sewer Facilities ahll be vested in Dublin and the same shall thereupon be and become a part of Dublin's sewer facilities. After acceptance of the New Sewer Facilities by Dublin, Llewellyn and Developers shall have no liability or responsibility whatsoever in connection therewith, except that Developers shall cause repairs to be made to the same necessitated by defects in the original construction which appear within a period of one (1) year following the date of such acceptance. Developers' obligation to make repairs shall be secured by a performance bond furnished by 8 surety acceotable to Dublin or a letter of credit issued by a bankinu institution 0cceptable to Dublin, said bond or letter of credit to be in an amount equal to ten percent ( 1 O?~ ) of the total cost of constructing the New Sewer Facilities. Notwithstanding anything in this Paragraph 3 to the contrary and further not- withstandinq that Llewellyn and Planned Communities shall convey to Dublin title to the New Sewer Facilities, at all times prior to and after the con- veyance to Dublin of title to the New Se\-,Jer Facilities, Dublin shall not impose upon Planned Communities or Llewellyn and Planned Communities and Llewellyn shall not incur ch3rq~s for ti1pS or other chiJrC)es for access to or use of the New Sewer Facilities in excess of those charges which Planned Communities and Llewellyn would have incurred had Multican constructed Developers' Proposed Line. -3- 4. As consideration for the construction of a sanitary sewer line substantially larger than required and initially planned by Developers, the conveyance to Dublin of title to the New Sewer Facilities and the granting to Dublin of the easements as provided in Paragraph 3 hereof, Dublin shall reimburse to Multicon an amount equal to the difference between the New Sewer Facilities Pipe Cost and the Developers' Proposed Pipe Cost (hereinafter called "Dublin's Cost", the amount of which Dublin's Cost Dublin and Developers herein acknowledge to be $57,686.95). Reimbursement of Dublin's Cost by Dublin to Multicon shall be made after the transfer of title thereto by Llewellyn and Planned Communities to Dublin and shall be paid or credited to Multicon as fall a\'IS: (a) from all Dublin sewer tap fees received by Dublin and which are attributable to this sewer line serving the Llewellyn Farms Development-Multicon Builders, Inc., Section I. (b) from all Dublin sewer taD fees received by Dublin from develop- I ments in the tributary area which are directly served by this se\~er line. These payments shall be made only as funds become available but, in any event, no more often than semi-annually. Such payments shall continue until Developer has been reimbursed in full or, for a period of twelve (12) years, whichever comes first and, in the event that Dublin does not receive sufficient tap fees to reimburse the Developer within this twelve (12) year period, Dublin shall have no further obligation to reimburse Developer from any other fund or funds. 5. At any time during the period of construction of the New Sewer Facilities and for a period of one (1) year after acceptance thereof by Dublin as hereinbefore provided, Dublin may, during normal business hours and through its duly authorized agents, attorneys or accountants, examine the books and records of Mul ticon pertaining to the costs incurred by Mul ticon in purchasing pipe for construction of the New Sewer Facilities. 6. Multicon shall cause its agents and the contractors and subcontractors enCJacJed in construction of the Ne\'/ Sewer Facilities to comply \'/ith the vlorkers' Co~pensation Law of the State of Ohio and shall indemnify and hold harmless -4- Dublin from any and all claims, demands, actions or liabilities arising out of personal injury, death or property damage resulting from the construction work performed or caused to be performed by Developers pursuant to this agreement. 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 MULTICON BUILDERS, INC. by (}W~~fl<Y bY~1/. ~ Ma r Title by ..,{ J-.... DUBLIN by(" IA.'J S. ~ <;--;n?c. V{~ . ~-- (Title) LLEWELLYN FARMS, LTD. ~H~J by.,... . /7 IYt .. tII..A General Partner) -5-