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HomeMy WebLinkAbout069-94 Ordinance ~ ..-=.--- \ ., " RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance N 0 .__m6_9~_9.4___m__ Passed.__m____ u__m_m_m_____ m__m______m19_______ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A SEWER LINE REIMBURSEMENT _.~ AGREEMENT WITH THE SHAWNEE HILLS LAND COMPANY '" WHEREAS, the city of Dublin has received and accepted a proposal from the Shawnee Hills Land Company to install a twenty-four (24) inch and an eighteen (18) inch sewer line at its expense subject to a reimbursement agreement established by the City; and WHEREAS, properties within the entire sewer tributary area established in the attached agreement will eventually also be serviced by the proposed sewer lines; and WHEREAS, Council agrees that the reimbursement agreement, attached hereto as Exhibit" A" is acceptable in order to provide sewer service to this area, will reimburse the Shawnee Hills Land Company and provides for a reimbursement whereby the city can recoup its previous $200,000 contribution thereto. NOW, THEREFORE, BE IT ORDAINE~ by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring that: section 1. The City Manager is hereby authorized to enter _ into the agreement attached hereto as Exhibit "A" entitled Shawnee Hills Land Company Sanitary Sewer Line Reimbursement Agreement. .'oilOiil section 2. That the form of said agreement shall be subject to the final approval of the Law Director. section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this /~-fh. day of ~ ,1994. Ma ATTEST: ~~~ Clerk of Council "..... ... ""~_. ,,~~"",.~""~~- ""o-~".. "_...."-~" ~..~"".. ,. - '-'." ~.- -"~~";':'""""',""''''::'xS___".".,.,,:. ""..v._..__.....-"',-""'"~_ SHAWNEE HILLS LAND COMPANY SANITARY SEWER LINE REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, by and among THE CITY OF DUBLIN, OHIO, an Ohio municipal corporation (hereinafter called "Dublin" or """", "City"), and SHAWNEE HILLS LAND COMPANY, an Ohio corporation, (hereinafter called "Developer"). WITNESSETH: WHEREAS, Developer will install a sanitary trunk .sewer to serve certain tracts of - land totalling approximately 410 acres situated in the City of Dublin, in Franklin County, and in Union County, Ohio, as more particularly described in "Exhibit A " , attached hereto and made a part hereof and hereinafter referred to as the "Reimbursement District"; and WHEREAS, Dublin intends to have sewer service provided to a large portion of the community. WHEREAS, the Developer is in the process of finalizing a ,"" design for sanitary sewer improvements to be constructed in public rights-of-way and private easements as shown on "Exhibit A" (the "New Sewer Facilities"), attached hereto and made a part hereof, and Dublin's Master Sewer Plan specifies that said sanitary sewer lines be 24 and 18 inch diameter sanitary sewer truck lines in order to serve the Reimbursement District and other property contiguous thereto, as well as other property in the entire MHBIKAAI107527 035505.173 Rev: July 28, 1994 1 ,#""~ ,>..,o.;,"",,'~'~~",""""'~'^,,'''''''~._''''~'W"c......-."" tributary area which will be served via future trunk sewer trunk extensions from this facility; and WHEREAS, the Developer plans to provide for the extension of the sanitary sewer line via installation of approximately lineal feet of 24 inch pipe, and feet of 18 inch pipes; and _0'~ifi WHEREAS, the extensions of the 24 inch and 18 inch sanitary sewer lines are necessary for the development of the Reimbursement District as set forth in "Exhibit A"; and .. WHEREAS, in order to assist the Developer in recouping - its costs, the City is willing to establish a Reimbursement District, as a mechanism whereby the Developer may be reimbursed for a portion of its total sanitary sewer construction costs, over a 10 year period, with the total reimbursement not to exceed the sum of . NOW THEREFORE, in consideration of the foregoing and of the covenants and agreements hereinafter set forth, Dublin and - Developer do hereby agree as follows: 1. Developer shall arrange, contract for and cause to be done such engineering and construction work as shall be necessary in order to design and construct the New Sewer Facilities. Developer has caused Bauer, Davidson & Merchant, Inc. to prepare design plans for the New Sewer Facilities, which plans shall be approved by the Dublin Engineer. As of the date hereof, Developer has solicited bids from at least three responsible MHBlKAA/107527 035505.173 Rev: July 28, 1994 2 -~~e'~_'--"'___'_'~''''''~__ "'-,,'" _''''_0'' _....,""~~-,-,-~_.__.. ,...,."-~..".*,"",,-,.- ~--. ..._,-,"~,,-,. contractors for the construction work to be done by Developer in accordance with the provisions of Paragraph 1 hereof and will shortly award contracts for such construction work to the lowest and best bidder or bidders as determined by Developer, and subject to prior review and approval by Dublin. -" 2 . Upon completion of construction of the New Sewer ........' Facilities, certification of all construction related costs, approved change orders, etc. , and acceptance thereof by Dublin, Developer shall convey to Dublin title to the New Sewer Facilities .. and shall grant to Dublin any permanent easements required by the . City for ingress and egress to and from the New Sewer Facilities and for repair, maintenance and replacement thereof as may be necessary. certification by the Dublin Engineer that the New Sewer Facilities have been constructed in accordance with the approved Plans and that the documents conveying easements are adequate to meet the city's needs shall constitute an acceptance thereof by Dublin, and, upon delivery of the instruments conveying title and necessary easements, the title to the New Sewer Facilities shall 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, Developer shall have no liability or responsibility whatsoever in connection therewith, except that Developer 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. MHBlKAAl107527 035505.173 Rev: July 28, 1994 3 ~ -~--"-"^""^.,,..,,~~~~-~~~., Developer's obligation to make repairs shall be secured by a maintenance bond furnished by a surety 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. 3. As consideration for conveyance to Dublin of the ~ title to the New Sewer' Facilities, Dublin shall assist the ,,,.,... Developer in obtaining an amount equal to its costs for constructing the New Sewer Facility. This reimbursement shall hereinafter be referred to as "Developer's Costs." sa.id costs shall be computed based upon the certification of the final costs - for those items identified in "Exhibit B" attached hereto and made a part hereof. The per acre fee shall be established by dividing all eligible "Developer Costs" by the 410 acres contained in the Reimbursement District. 4. In order to recover the cost to be reimbursed to the Developer, Dublin will impose a Cost Recovery Fee which shall be payable by owners of property within the Reimbursement District which directly benefit from the New Sewer Facilities as provided in -- section 6 below. Further, Dublin shall recover its $200,000 'J contribution paid previously to certain downstream property owners to pay for the cost of constructing the 24 inch sanitary sewer trunk line under Muirfield Drive from said Cost Recovery fee. Proceeds from this Cost Recovery Fee shall be withheld by the City as reimbursement for said $200,000 contribution. MHBIKAAI 1 07527 035505.173 Rev: July 28,1994 4 ,..",. -'_.~""-" -.. ~~~ -_..*"'..~"'.......~...~. 5. It is specifically acknowledged by the Developer and Dublin that the contract construction cost of $ and all other calculations relating thereto, do not incorporate the cost of any land acquisition. Further, it is specifically agreed by the Developer that in the event any real estate acquisition is necessary, this will be at the sole and exclusive cost of the Developer which shall not be subject to reimbursement by Dublin. 6. Dublin shall impose the Cost Recovery Fee upon properties within the Reimbursement District ( "Exhibi t A"J either upon approval by the City of the final subdivision plat or issuance - of a building permit, at the discretion of the city. The actual amount of Developer's Cost to be recovered shall be in accordance with the final cost certification relative to the elements estimated in "Exhibit B" and shall include the direct cost of construction of the New Sewer Facilities, which direct cost shall include without limitation, construction cost, on site supervision, engineering costs, survey work, inspection and shall exclude items which would generally be considered to be a Developer's overhead expense in accordance with generally accepted accounting principles. Additionally, any such direct costs shall exclude the cost of real estate acquisition necessary to complete the New Sewer Facilities. Further, this Cost Recovery Fee (and the city's $200,000 recoupment described in section 4) shall be increased as to each parcel within Cost Recovery District by five percent (5%) per year from the date the New Sewer Facility is completed and MHBIKAAII07527 035505.173 Rev: July 28, 1994 5 " ~-~-~''- _~._"N ".-,~,..... J1li\iil--- ~--J .. ~ accepted by Dublin until such time as the Developer's Cost Recovery Fee (including the city's $200,000 payment) has been recovered as to' each parcel within said district. 7. It is specifically agreed and understood that in addition to Dublin's normal and customary tap-in fee and sewer charges in place at the' time, Dublin shall retain the first $200,000 of the Cost Recovery Fee as reimbursement for its contribution toward the Muirfield Drive sewer underpass as set forth in paragraph 4 herein. .. 8. This agreement, as relates solely to Dublin . collecting the Cost Recovery Fee on behalf of the Developer, from the benefitted properties within the Reimbursement District, shall, by its own terms, expire either ten (10) years from the date this Agreement is executed or upon the Developer having received the full amount of the Developer's Cost as set forth in "Exhibit B," whichever occurs first. As such, the Developer specifically acknowledges that there is no guaranty that it will recover the full amount of its recoverable costs. Further, the Developer acknowledges that the sole source of recovery from Dublin shall be - from the Developer's Cost Recovery Fee. Payments of such Developer's Costs collected by Dublin shall be paid to the Developer quarterly during the term of this Agreement. until such time as the Developer shall have received the payments to which it is entitled pursuant to the provisions herein, Dublin agrees that it will establish and maintain a separate account, that it will MHBIKAAI 1 07527 035505.173 Rev: July 28. 1994 6 .. ._~'_'_'_N~'-_'~_=~ .'"" ~,._._.'~.- -....-- ~~..~~- --....._""'-,""""""'"""". . . deposit therein all Cost Recovery Fees collected pursuant hereto, and that it will make payments to the Developer therefrom in accordance with the foregoing provisions. After all such payments have been made to the Developer, or upon the expiration of this Agreement, the Developer agrees to execute and deliver to Dublin a full, final and complete release to the effect that all monies due to the Developer pursuant to this Agreement have been paid. 9. This Agreement is not assignable or transferrable. It is also hereby acknowledged that Dublin's obligation to make .., payments to the Developer pursuant shall be terminated immediately . in the event that the Shawnee Hills Land Company, an Ohio corporation terminates its corporate status or otherwise goes out of existence. 10. During the period of construction of the New Sewer Facilities and for a period of one (1) year after acceptance thereof by Dublin as herein provided, Dublin may, upon reasonable written notice, during normal business hours and through its duly authorized agents, attorneys or accounts, examine the books and records of Developer and its agents pertaining to the costs - incurred by the Developer and the cost of the New Sewer Facilities. 11. Developer shall cause its agents and the contractors and the subcontractors engaged in construction of the New Sewer Facilities to comply with the Worker's 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 MHB/KAA/I07527 035505.173 Rev: July 28, 1994 7 r personal injury, death or property damage resulting from construction work performed or caused to be performed by Developer pursuant to this Agreement. witnesses: CITY OF DUBLIN By: Timothy C. Hansley, City Manager witnesses: SHAWNEE HILLS LAND COMPANY .. By: - Its: MHBIKAAII07527 035505.173 Rev: July 28, 1994 8 .>".....~ ""'"""'.~~.~."~.~~--.,.,....~ . , . fXh,' bit If ) '\ \ W ~~ , ~r ~~ ~~ ~~ rl ~ \ ~ :55' '-UII 1I1-G- P _ <...: ~~ ,,"\~ / ~ J.....:!. ("'<: Z V',- ).V""' "- J-l !3 '~F...Y -"" ;;" 1M 0 ~ z . ~ ~n \ :::l l~ ~~.... ~ -! \ ( '-' ~.J\ 7>=..J[ l L ~ ~\ f '\ · ~~ i '- ~ ~ , __ \ ~ ~ ~ 4'- .----< N '-\ .' . \;" ,y..: L ,. '" l .J : ~ ~).f.... ~ ')..._ ~ it' ~.. DELA'vIARE COUNTY \ "~/LJ../t-J... F- \ t;.!/ " ~F~LlN COUNTY , ... \t .M I>' l v: \V .J: '3 -' -1 ~~ ~ ~ ~ t . p\ ~ J - ..,'" ',.. ~ ~L-\' v ~ . '~ - ~ --~1 \ ~ 'T1 \=:: :.f"~ ~ ,,::. ~ It nc ~ \ IL -.11 '--- .l.'\' ~ , 7' \: >;:1 .1'\' ~ ::l '. .~. . - .;.. r~ ~ '~ r .- ~ ~ \ r~ ... t~ ~ ':is . I · ~ :::l _ 0 @ \ 1ft ...... "'<Ll:('V \7...1' . ~1I ~ -... Z -- ... ' LtL :'T17'rTn- \~ ~... \ 'n:27i~~ u- ,,-- ~. -\ \~ ~ ,.... - '0- ..".... .... _ ~ ~ ~ _- J ~e - Z\1'" - Il$i V ~~... ~ ~ J~ -- ~ 1~"6' \ #' ~ ...... ';.<~ ~ n , V. -A-N\ 111.0180 N;. ~ REIMBURSEMENT DISTRICT FOR SHAWNEE HILLS LAND CO. SEWER IMPROVEMENTS LEGEND: REIMBURSEMENT AREA ~In:_O!-PUBUN NE\rJ SE\rJER FACILITIES __Clr_~Clr- --- '-