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Home My WebLink About58-95 Ordinance --_._-_._-_._~.. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO.n _ _ 5_~..._9_5 Passedmm_n__ _mm_mmnum__ __19_m_m AN ORDINANCB AUTHORIZING THB CITY KAKAGBR TO BHTBR INTO AN AGRBBHBHT WITH DUBLIN BUILDING SYSTBKS POR THB AVERY ROAD - WATBRLINB BXTENSION, AND DBCLARING AN BKBRGEHCY -".... WHBREAS, a 16-inch waterline is necessary to serve Coretest Columbus Technologies, Inc. which is in the process of constructing a new facility at 6141 Avery Road, within the City of Dublin; and WHBREAS, an existing waterline presently terminates at Shier- Rings Road and will need to be extended to the southern lot line of the Anglin property at approximate distance of 1,050 feet at an approximate cost of $100,000; and WHBREAS, the immediate surrounding areas has already developed with industrial uses; and WHBREAS, it is the City's desire to assist Coretest Columbus Technologies, Inc. in order to ensure that it will locate its business within the City of DUblin, by reimbursing Dublin Building Systems for the cost of construction in the aforementioned 16 inch waterline to serve the subject site; and WHBREAS, Coretest Columbus Technologies, Inc. will be constructing a $1.2 million dollar building as Phase I of its - construction plans wi thin the ci ty of Dublin and proj ects generating $2.3 million dollars in total payroll for 1996. ~,.. NOW, THBRBPORB BB IT ORDAINB~ the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City Manager is hereby authorized to execute the Avery Road Waterline Extension Agreement with Dublin Building Systems, said agreement attached as "Exhibit A" . Section 2. That this ordinance be, and the same hereby is, declared to be an emergency measure for the preservation of the public peace, health or welfare of the residents of this City, and therefore this ordinance shall take effect and be in force immediately upon its passage. Passed this )~-H, day of ~ . 1995. ___ Mayor -Jl~~ficer ATTEST: ....-. ~~~ Clerk of Council I hereby certify that copies of this Ordimmce/Res91",'iQiL ;/~re po.sted in the City of Deblin in accordance with Sect:on 731.25 of the 0:110 Revised Code. ~<:1--~ CIP.fk of Council, Dublin, Ohio "'-'-""-'~""'~"."'''''''""''"'!'___"!l''''"'''''''_'''''''<'_~_"".:"",,_.,..____._'_-_""_~__"_"~"",;.',,"__-,,,_""'_".v'c"> t-J(h. 1'It '? . . AVERY ROAD WATERLINE EXTENSION AGREEMENT WHEREAS, a 16 inch waterline is necessary to serve CC Te~hnologies which is in the process of constructing a new facili~y at 6141 Avery Road, within the City of Dublin; and WHEREAS, an existing waterline presently terminates at Shier-Rings Road and will need to be extended to the northern lot ".., line of the Anglin property at approximate distance of 1,050 at an approximate cost of $100,000; and as follows: , I - Right-of-way acquisition - $ 6,000.00 Design, layout, construction expenses - $11,650.00 Project Management - $10,000.00 WHEREAS, the immediately surrounding area has already developed with industrial uses without public water which therefore precludes the normal extension of public water by new development; and WHEREAS, said improvement will improve the overall quality of water service to the southwest area; and WHEREAS, it is City's desire to assist Coretest Columbus Technologies, Inc. in order to ensure that it will locate its business within the City of Dublin, by reimbursing Dublin Building Systems for the cost of construction in the aforementioned 16 inch waterline to serve the subject site; and WHEREAS, Coretest Columbus Technologies, Inc. will be constructing a $1.2 million dollar building as Phase I of its construction plans within the City of Dublin and projects generating $2.3 million dollars in total payroll for 1996; and M:~,,~ WHEREAS, Dublin Building Systems desires to build the proposed building for Coretest Columbus Technologies, Inc. and ...~ requires that water service be available to the site. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: 1. Dublin Building Systems hereby agrees to arrange, contract for and cause to be done such engineering and construction work as shall be necessary in order to design and construct a 16 inch waterline extension from the existing terminus of such waterline at the intersection of Shier-Rings Road and Avery Road, a distance of approximately 1,050 feet to a terminus point located at the northern most point of the Anglin property. MHB/KAA/152214 035505.313 1 - .' "---'"-","~-------~~_._,~~._-,,-,~~- ~~._,~"-- -iii- , 2. Dublin Building Systems shall obtain cost estimates and take bids for the construction of the waterline extension which shall be subject to review and approval of the City Engineer. 3. Dublin Buildir...,l Systems shall utilize its best efforts to help the City obtain all necessary easements for the construction, operation and maintenance of the waterline extension. 4. Upon completion and construction of the waterline ~ extension and acceptance thereof by Dublin, Dublin Building Systems will convey to Dublin title to the waterline extension and shall ... grant to Dublin any necessary permanent easements for the repair, maintenance and replacement thereof. 5. certification by the City Engineer that the waterline extension has been constructed in accordance with the plans and specifications shall constitute acceptance thereof by Dublin, and, upon delivery of the instruments conveying title, the title of the waterline extension shall be vested in City of Dublin. After acceptance of the waterline extension by Dublin, Dublin Building Systems shall have no liability or responsibility whatsoever in connection therewith, except that Dublin Building Systems shall cause repairs to be made to the waterline extension as may be necessitated by defects in the original construction which appear within a period of one (1) year following the date of such acceptance. 6. As consideration for the construction of the waterline extension, and its related economic development benefits to the City of Dublin, the conveyance to Dublin of title to the waterline extension and the granting to Dublin of any necessary easements as provided in . paragraph 4, Dublin shall reimburse to Dublin Building Systems the full cost of the design and construction of the waterline extension, as previously agreed by the City Engineer. In no case, shall Dublin's cost exceed the sum of $127,650.00, without the approval of Dublin City Council. 7. Dublin Building Systems shall cause its agents, contractors and subcontractors engage in construction of the waterline extension to comply with Workers' Compensation Law of the State of Ohio and shall indemnify and hold Dublin harmless 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 Dublin Building Systems pursuant to this Agreement. 8. Dublin Building Systems and/or Coretest Columbus Technologies, Inc., as well as all other abutting property owners, will be subject to the City's normal fees and charges relating to connections with the proposed waterline. MHB/KAA/1S2214 035505.313 2 - . . IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials or agents this qtJ day of ::J'ull/ , 1995. f CITY OF DUBLIN ...., ~~~/J By: ~~ Timothy C. Hansle Manager - DUBLIN BUILDING SYSTEMS ~lc~ BY:~ //9 ~--<-_ \fj\:O; ~~rJiOh,d- Its: ~ t:l1~L &~ m~\ \ J~C\ \!\Il~~\ nO. \'(~\ /' l~'''~ '. . MHB/KAA/152214 035505.313 3 ""'''''fl\!il