Loading...
HomeMy WebLinkAbout54-91 Ordinance --->.._~-^-_..- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No..~~.....~.l______ Passed nn n'nun.n ,__ nnnn19n AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A SEWER LINE EXTENSION AGREEMENT WITH DAVIDSON, PHILLIPS, INC. ......... ........ WHEREAS, the City of Dublin has received and accepted a proposal from Davidson, Phillips, Inc. to install a twenty-one (21) inch sewer line at its expense subject to partial reimbursement by the City and along with a related payback agreement, and WHEREAS, properties within the sewer entire tributary area will eventually also be serviced by this sewer line, and WHEREAS, Council agrees that the payback agreement, attached hereto as Exhibit "A" is acceptable in order to provide sewer service to this area, partially reimburse Davidson, Phillips, Inc. and provide for a payback agreement whereby the City can recoup its contribution thereto. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, -7 of the elected members concurring that: Section 1. That the City Manager is hereby authorized to enter into the agreement attached hereto as Exhibit "A" entitled Cramer Creek Sanitary Sewer Extension Agreement. ...... ~ Section 2. That the form of said agreement shall be subject to approval -- by the Law Director. Section 3. That this Ordinance take effect and be in force from and after the earliest period allowed by law. Passed this /!Z day of ~ , 1991. . Attest: ,........, .. ..... .-,..."'-,-.,""""'...."""--_..................""""'-"--"....,"",,,,,""""' ....."'~,="~......,,"""'.,"'",;,*'.,,'~~~""""-, ^ . , - AMENDMENT TO CRAMER CREEK SANITARY SEWER EXTENSION AGREEMENT THIS ADDENDUM AGREEMENT made and entered into this - day of , 1991 by and among the City of Dublin, an .... Ohio Municipal corporation (hereinafter referred to as "Dublin"), .... and Boston Development Co., an Ohio partnership (formerly known as Davidson Phillips, Inc. ) (hereinafter referred to as "Developer"); WITNESSETH: WHEREAS, the parties have previously entered into a contract known as the Cramer Creek sanitary Sewer Extension Agreement on October 15, 1991 pursuant to Ordinance 54-91; and WHEREAS, the original Agreement provided for an estimated total project cost of six Hundred Thousand ($600,000.00) Dollars and provisions wherein the City would reimburse the Developer up to Three Hundred Seventy-Five Thousand ($375,000.00) Dollars subject to reimbursement for excess contribution from a special sewer reimbursement fee to be assessed by the city; and - WHEREAS, the Developer has now informed the city that the ..... total project cost may be reduced to Three Hundred Twenty-Five Thousand ($325,000.00) Dollars or less; and WHEREAS; amending the Agreement as set forth below could save the city Eighty-Six Thousand ($86,000.00) Dollars (subject to confirmation of the reduced total project costs) and avoid the necessity of establishing a non-participant reimbursement agreement. 1 - .-._"' -~~ ~ NOW, THEREFORE, in recognition of the fact that a $275,000.00 reduction in estimated total project cost constitutes a significant change of circumstances and in consideration of the foregoing, and the mutual covenants and agreements herein set forth as well as the terms, provisions and consideration contained within ..... the original "Cramer Creek Sanitary Sewer Extension Agreement" ..... executed by the parties on October 15, 1991, (hereinafter "Original Agreement" ) Dublin and the Developer agree to amend the aforementioned agreement as follows: 1- This Addendum shall only be implemented in the event that the total project cost is less than Three Hundred Twenty-Five Thousand ($325,000.00) Dollars. In the event that the total project cost exceeds Three Hundred Twenty-Five Thousand ($325,000.00) Dollars, this Addendum shall become null and void and the parties will proceed pursuant to the original Agreement". 2. In the event the total project cost is less than Three Hundred Twenty-Five Thousand ($325,000.00) Dollars, the Ruma - Group which owns or controls 85.9 acres situated in the city of ..... Dublin, Franklin County, Ohio, located at the southeast corner of Rings and wilcox Road, will contribute Eighty-Six Thousand ($86,000.00) Dollars; and Dublin will contribute up to Two Hundred Thirty-Nine Thousand ($239,000.00) Dollars for extension of the Cramer Creek Sanitary Sewer. 3. Paragraphs 1, 2, 3, 5, 8, 9, 10 and 11, of the original Agreement, shall remain unchanged to the extent that said paragraphs are not inconsistent with the instant Addendum. MHB/KAA/15427.1 2 - . , 4. Paragraph 4 of the Original Agreement shall be modified to provide that the city's project cost contributions shall be suspended once the city has paid One Hundred Ninety Thousand ($190,000.00) Dollars subject to final cost, certification and cost allocations. Any further cost savings shall be credited !III""'I totally to Dublin's contribution. The remaining provisions of - paragraph 4 are hereby deleted. 5. Paragraph 6 of the original Agreement is hereby eliminated as is the first sentence of paragraph 7 of the Original Agreement. 6. This Addendum is hereby made part of and attached to the Original Agreement. BOSTON DEVELOPMENT CO. CITY OF DUBLIN, an Ohio Municipal Corporation By: By Timothy C. Hansley City Manager - Approved as to form: ...... By: Law Director MHB/KAA/15427.1 3 - . ---_.~...~_...,~...~,,~-~'"" . ~ -4 ". (Rev. 10-7-91) CRAMER CREEK SANITARY SEWER EXTENSION AGREEMENT /" THIS AGREEMENT, made and entered into this I~ day of r::x::rD~~ , 1991, by and among the City of Dublin, an Ohio Municipal Corporation (hereinafter referred to as "Dublin"), and Davidson' Phillips, Inc. , an Ohio Corporation (hereinafter referred to as the "Developer"); WITNESSETH WHEREAS, Developer owns or has an option to purchase for the purpose of residential development, a certain tract of land totalling approximately 24.847 acres situated in the city of Dublin, Franklin County, Ohio, located at the southeast corner of Rings and Wilcox Road; and, WHEREAS, Dublin intends to ultimately provide sewer service to a large portion of the community, including the Developer's subdivision; WHEREAS, any development at the Developer's property will require an extension of sanitary sewer service to the Developer's property; and, WHEREAS, the Developer is presently in the process of finalizing a design for sanitary sewer improvements to be constructed in public right-of-way extending the Cramer Creek Sanitary Sewer westerly along Rings Road; and, WHEREAS, the existing Cramer Creek Sewer has its terminus at Blazer Memorial Parkway; and, WHEREAS, Dublin desires that said sanitary sewer line be 1 ._--~-~" II --uJ1 rT-_-~_- 1 .. : extended along Rings Road by construction of a 21 inch sanitary sewer trunk line adjacent to the Developer's property to a new terminus at Wilcox Road in order to serve the developer and other property owners contiguous to the aforementioned sewer, as well as other residents of the entire tributary area who will be served via future trunk sewer trunk extensions from this facility; and, WHEREAS, the Developer plans to provide for the extension of the Cramer Creek Sanitary Sewer line via installation of approximately 5,075 lineal feet of 21 inch pipe extending from Blazer Memorial Parkway in a generally westerly direction to wilcox Road (hereinafter referred to as "New Sewer Facilities"), the City has determined that a 21 inch sanitary sewer line is far in excess of that required to service Developer'S property and said sewer and requires a significant off-site extension in order to service the 'Developer's property; and, WHEREAS, the estimated total cost of the proposed New Sewer Facilities is six Hundred Thousand Dollars ($600,000.00). In order to induce the Developer to construct the New Sewer Facilities in a timely manner, Dublin is willing to contribute up to Three Hundred seventy-Five Thousand Dollars ($375,000.00) toward the total project cost, with the Developer and a group of three other contributors to pay the additional Two Hundred Twenty-Five Thousand Dollars ($225,000.00). Further, the Developer and/or his group of contributors (hereinafter referred to as the "Ruma Group"), shall be entitled to reimbursement from the City through the Developer in an amount equal to the dollar contribution made by The Ruma Group 2 "~.._"~,._~-~-,-~~~~ . . which exceeds the Group's pro-rata, fair share contribution to the project. This reimbursement amount shall be hereinafter referred to as the Developer's "Excess contribution". Said Excess contribution shall be computed based upon the formula set forth in Exhibit "2". WHEREAS, in order to'recover'this Excess contribution, to be reimbursed to the Developer, the city will impose a special sewer reimbursement fee, hereinafter referred to as "Non-Participant Charge" which shall be payable by owners of property within The Ruma Group Reimbursement Area which directly benefit from the New Sewer Facilities. This payment shall be made to the city upon approval of a final subdivision plat or issuance of a building permit, whichever occurs first. This Non-Participant Charge shall be computed based upon the formula set forth in Exhibit "2". Further, the City reserves the right to impose its own assessment over and above this fee so as to recover a portion of its Three Hundred Seventy-Five Thousand Dollars ($375,000.00) contribution to the project from properties located outside The Ruma Group Reinvestment Area which will benefit from this project, as later determined by council; and, WHEREAS, in order to fairly assess the Non-Participant Charge to properties within The Ruma Group Reinvestment Area, the entire tributary area has been set forth in the document attached hereto as Exhibit "1" entitled "The Ruma Group Reinvestment Area". The Exhibit delineates The Ruma Group Reinvestment Area which includes parcels owned or controlled by The Ruma Group, as well as 3 - ,_."-"-,~--~-~._~-,~,--~~,.............. '~----_.'~ r'j -, .. " additional parcels directly benefitted by the New Sewer Facilities (Non-Participants) which are not members of The Ruma Group. Ruma Group properties, as indicated on Exhibit "l" shall not be subject to the special Non-Participant per acre reimbursement cost, due to its initial contribution to the project. The remaining parcels (Non-Participants) within The Ruma Group Reinvestment Area will be subject to the aforementioned per acre fees due to the fact that they are direct beneficiaries of the New Sewer Facilities. Additionally, due to the fact that some of The Ruma Group members may not have paid their full fair share or contributed equally to the Excess Contribution, the Developer hereby agrees to hold Dublin fully harmless and to indemnify and defend the city as to any claims, causes of action, litigation, etc. which arise due to any inequities as to fair share contribution between any members of The Ruma Group. NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements herein set forth, Dublin and the Developer do hereby agree as follows: (1) The Developer shall solicit and submit at least three bona fide construction bids to the City Engineer for examination, review and approval, and 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. The plans and specifications for the New Sewer Facilities shall be subject to review and approval of the Dublin 4 ".-- "_.^.~~~,-"._~, Engineer and other applicable agencies and shall be presented to the Engineer by the Developer for such review within 90 days following execution of this Agreement. Such review shall be expeditiously conducted and such approval shall not be unreasonably withheld. Developer shall also submit certified copies of any and all contracts, change orders, etc.' to the city Engineer for review and approval prior to construction or initiation thereof. (2) Developer shall cause construction of the New Sewer Facilities to be commenced wi thin 60 days following the Dublin Engineer's final approval of the design plans for the New Sewer Facilities and such construction to be prosecuted in completion in a timely manner, subject to delays of which the Developer shall have no control. (3) Upon completion of construction of the New Sewer Facilities, the Developer shall submit to the city of Engineer the exact and final cost of said construction for review and approval. Further, upon completion of the New Sewer Facilities and acceptance thereof by Dublin, Developer shall convey to Dublin title to the New Sewer Facilities and shall grant to Dublin any necessary permanent easements across Developer's property for ingress and egress to and from the New Sewer Facilities and for repair, maintenance and replacement thereof as may be necessary. It is the parties' understanding that construction and maintenance of the New Sewer Facilities may be done exclusively within existing public right-of-way and/or public easements. Pursuant thereto, Dublin hereby grants permission to the Developer 5 $ftt">>" ._~~ .. . ' and its agents to lay, construct, and maintain the new sewer line in any public right-of-way, public place or public easements including the right to extend said sewer line under any paved or improved surfaces, all in accordance with the plans and specifications approved by city Engineer. It is specifically acknowledged by the parties that the six Hundred Dollars ($600,000.00) estimated construction cost figure and all other calculations relating thereto, do not incorporate the cost of any land acquisition and further, it is specifically agreed by the Developer that in the event any real estate acquisition is necessary, other than temporary construction easements, this will be at the sole and exclusive cost of the Developer which shall not be subject to assessment and/or reimbursement by the city. (4) 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. Upon delivery of the instruments conveying title to the New Sewer ,,- Facilities and granting of any easements necessary, the title thereto shall transfer to Dublin and the same shall thereupon be and become part of Dublin's sewer system. The city's contribution shall be paid to the developer based on actual work completed. Payment by the City shall be made monthly based upon submission of invoices for completed work with the city to pay 60% thereof and the Developer to pay the remaining 40%, subject to the following limitations. Once the City has paid Three Hundred Thousand Dollars ($300,000), payments will be 6 -', -, ,_._-'....'"^,~.._~~.,.~,---.,........._,"'- "',,"',"'-',"-'-'; suspended unti I final cost certification as completed and final cost allocations made in accordance with the provisions of this agreement. As previously set forth herein, the Three Hundred Seventy-Five Thousand Dollars ($375,000) estimate represents the maximum contribution to be paid by Dublin for the New Sewer ~, Facilities. However, in the event that the total certified ~~!t.., construction costs are lower than the six Hundred Thousand Dollars ($600,000.00) estimate, any and all cost savings less than or equal to Ninety Two Thousand Dollars ($92,000.00) shall be applied One Hundred percent (100%) toward reducing The Ruma Group's unreimbursed portion of the cost. This allocation of cost savings is in consideration of Developers oversizing the New Sewer Facilities in a manner benefitting additional Dublin territory outside The Ruma Group Reimbursement Area. Any additional cost savings over and above Ninety-Two Thousand Dollars ($92,000.00) shall be allocated exclusively to reduce the City's contribution. (5) 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 acceptance. Developer's 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 the 7 .-.'<' , ,,",<-,~."-,., ""_....,._~"._.,,^--",.-"""'- ~._~"""",,'" , New Sewer Facilities. (6) The City shall assess all Non-Participant property owners within The Ruma Group Reimbursement Area, a Non-participant Charge upon approval of such owner's final subdivision plat or issuance of a building permit on such owner's property, whichever occurs first. This Non-Participant Charge shall'be determined by Council via a separate ordinance based upon the formula set forth in the document, attached hereto as Exhibit 2. Further, this Non- Participant Assessment shall be increased by .75 percent per month from the date the New Sewer Facility is completed and accepted by the City, until such time as the appropriate Non-participant Charge is paid. (7) It is further agreed that the Non-Participant Charge shall not be applicable to the Developer's property or property owned or controlled by members of The Ruma Group, all of which are delineated and set forth in Exhibit "1". Dublin further agrees to waive as to the Developer and The Ruma Group, as delineated in Exhibit "1", any and all inspection fees that relate to the 21 inch -~, main trunk sewer line also known as the New Sewer Facilities. Additionally, it is specifically agreed and understood that the Developer and The Ruma Group will be subject to any tributary area- wide assessment imposed by Dublin to recoup its costs for the New Sewer Facilities,as well as all normal and customary tap-fees and sewer charges. 8 ".... . .- '. (8) During the period of construction of the New Sewer Facilities and for a period of one (1) year after acceptance thereof by Dublin as hereinafter provided, Dublin may, during normal business hours and through its duly authorized agents, attorneys or accountants, examine the books and records of ~fll<", Developer and its agents pertaining to the costs incurred by the .~, Developer and the cost of the New Sewer Facilities. (9) Developer shall cause its agents and the contractors and the subcontractors engaged in construction of the New Sewer Facilities to comply with 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 personal injury, death or property damage resulting from construction work performed or caused to be performed by Developer pursuant to this Agreement. (10) The actual amount of reimbursement due and owing by Dublin to the Developer as and for The Ruma Group's Excess contribution costs, to be paid from the Non-Participant charge ~,,1JIi1Jh collected, shall be determined by Council via separate ordinance, pursuant to the provisions of paragraph 6. This Excess contribution reimbursement shall also be determined based upon the direct cost of construction of the New Sewer Facilities, which direct cost shall include without limitation, construction costs, on-site supervision, engineering cost, survey work, temporary construction easement acquisition cost and shall exclude the cost of materials or completed-construction damage for which the 9 ,... .p_.~^", .- Developer receives reimbursement for such damage or destruction in items which would normally be considered to be the Developer'S general overhead and expense in accordance with generally accepted accounting principles. Additionally, any such costs shall exclude the cost of real estate acquisition necessary to complete this .~-"'. project, other than as set forth above. Reimbursement of Excess contribution costs from Dublin to Developer shall be made from any and all funds received by Dublin as Non-Participant Charges from The Ruma Group Reinvestment area as provided for herein. Any and all Non-Participant funds related to the New Sewer Facilities shall be paid by Dublin to the Developer on a quarterly basis until the earlier of the 10th anniversary of the date as of which the title to the New Sewer Facilities is transferred to Dublin by the Developer or the time as of which the Developer has received full compensation for the Excess contribution as determined by Council Ordinance. Until such time as the Developer shall have received the payments to which it is entitled pursuant to council Ordinance and the provisions 'herein, ~ Dublin agrees that it will establish and maintain an account with its official depository, separate from other accounts it may have, that it will deposit therein all Non-Participant Charges as to the New Sewer Facilities, and that it will make payments to the Developer therefrom in accordance with the foregoing provisions and Council ordinance. After all such payments have been made to Developer, Developer agrees to execute and deliver to Dublin a full, final and complete release to the effect that all monies 10 -, -"~.,'~".~~~._--~~~,,-~_. .----....--..-.-"......-- ,. , , owing Developer, pursuant to this agreement ave been paid. When such release is received, Dublin shall close the account set forth above and transfer any remaining funds therein as its council may direct. (11) It is further understood that this agreement is between .;',.~ the Developer and the City of Duolin and as such, the Developer will be responsible to administer any reimbursement payments made pursuant hereto as relates to The Ruma Group. The Developer further agrees to indemnify, defend and hold Dublin harmless, including reimbursement of Dublin's attorneys fees, as to any action or actions initiated by The Ruma Group or any members thereof, relating to repayment of costs or the allocation thereof between said Ruma Group. CITY OF DUBLIN, an Ohio Municipal Corporation b by: ~.,.----, Timothy C. Hansley City Manager ~ ~,;&>t A~~ to form: ~~ by L ~ ;;s:" Law Director 11 ~" , ,r ., ~""",,"'''''''''' .- -, "..~'"'= _...........---'--< ~~ .; '1.1-"'i't'~..,.-,.,~~':,:,>+:..-~,,_,~ . Z . ~~ . ... . . -.. OV[ ,- ~ Nva.n'j !h OV[ ""' ~ A.3H'V~ oll. Z ES ~ oE ~ 0 w___ ~~; ~~ ~o. O~ ~ _ ~ -' '" .~.; ~~~ u ~ g~h~ // ~n /1 8 -'c -0 ~ ~~" I ~Z..__ "~oo '-' '-'- "- - z ,'1 0 Z '<J ~\0 ..... \1,,~ " w b ~"""'g I!f it w ~ -' u>. ~., '" '-' "oJ~"'ru '" ~>o Ll .. z ~ 0 ~ _ " 'I"" -' ;;\ :>:/f, ",z a ~ ~ w8 ~ - "'V> c " 4Z, "'w ~ Ll~ ~ ~~ ci ~ ~w " ~ ~ w ~ V>'" ~ ;1; u Ow ~ - "~? -' u d "'w 'C> ~ Z 0 (LV> ~"'~ - u >cO'" -' c ~ ~~~ - ~"'~ ~-- o ,~~ " U ......vN ~ <t ~NC"i Z~v <tlKM U <t~\!) Z -I"l"N ..... ~ruM -I <tllru D , , u , , c ~ II ~-N , , -'N , , -I~~ I~ ci ... .. ~I", . ~ ~ ~ I- ~ ,.. '. Z , .". W ()J '. ", ~ . u 0.... ::2: (Y) ,,~ :J W (Y) ., . ~;1;l;J 0 (/) ~ . > .,.','. ; CJ ~ "l" rv rv I If) 0 LL. L.L.. ~ "- ~ ~ vr; L:l ::J <[ V) ~~I-W ,/ ~::;::WD~ /1 ::;:: ~ U ,. " gJ :JW~t:~ ,/ / ~ ~~~ ',. I ~ 1/,/ - , , I '/' , / .' .L~- ~ u ~ <t W M > . u ..... Z !'i u ~..... ~u ~ Zu " ~ --~ ~~- -'-~ ~'" ,y.~ . ~N'" ~ ~~~ g~~ ~ c< 2S E-< g ~ Z G " ~ " r"t"\ r_' "'u ~ ~ In ...... ......" iil ~ I ~N '" ~ ~'" U U ~ >---., ~ ...,.. ~ _ _ ~ ~ ~ ~ ~""" - ~ 0 U ~ ru - ~ ~ - ~ ~ .; "- ~ 0 lf1 ~ ~,,~ ~ ~ U_ ,y C > U O~ r_ ~ ~ ~ ~ >;~ ~ rk~ CJ ru"l"UU-IlI ~ '-' '" "",_ ~~ ~ 0, ....... ~ ox ......Mru 'ON "---" ~ CJ OJ <t ~,...: ru r--. UO l..o..lIE CO <: ;::!~ >-<-~~ ;.. ~ \ E-<d~~ ~ ~1"if'V~ _ U~~ 'I- -l~~ -II',\!) WM~ ~~q ~ll~ U CJ ~ Vl <t c S,ERIoIIN u ~ _5390 ~ '" 5,a'2AC " x U AN ~ Oo~ B~~ U 0 '" L.L c -' 0 " ~ -5380 ~ -~~ Ou _ C I 0 :>__ ~~ ~ ~ U '" U ~!'l, ~v~ x ~ ~~~ O~'" r-' "!N", ::"'" . . c<_ __~ '.."" :>~N _ . ,.p'ii' . ~,~,~--_............ "~~-,<~~--,,~-,",._.. ".-- , :- , ", .. EXHIBIT 2 TOTAL RUMA GROUP REIMBURSEMENT AREA 133.22 ACRES . TOTAL AREA OWNED BY RUMA GROUP 85.9 ACRES (65 %) NON-PARllCIPATlNG PROPERTIES 47.34 ACRES (35 %) (TOTAL PROJECT COSl) - (CITY OF DUBUN CONTRIBUTION) = RUMA GROUP CONTRIBUTION ..... (RUMA GROUP CONTRIBUTION) X (.35) = EXCESS CONTRIBUTION PER ACRE NON PARTICIPANT CHARGE = (EXCESS CONTRIBUTION) I (47.34 ACRES) - - ........