53-99 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No.-----~-~- Passed------ -------------------------------------------19-------
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE DAIMLER GROUP FORA SANITARY SEWER
EXTENSION FOR THEIR PROJECT KNOWN AS "THE PRESERVE" LOCATED AT
FRANTZ ROAD AND TUTTLE CROSSING BOULEVARD.
WHEREAS, an 8-inch sanitary sewer is necessary to serve "The Preserve" which is in
the process of being developed by The Daimler Group, Inc., within the City of Dublin; and
WHEREAS, an existing sanitary sewer presently terminates at the easterly property line i
of the Thomas Elementary School property and will need to be extended to the east property line
of the 17.6-acre property to be known as The Preserve, an approximate distance of 614 feet at an
approximate cost of $27,400.00; and
WHEREAS, the immediate surrounding area has akeady developed with commercial
office uses; and
WHEREAS, it is the City's desire to assist The Daimler Group, Inc. in order to ensure
that they will locate their project within the City of Dublin, by reimbursing The Daimler Group,
Inc. for the cost of construction of the aforementioned 8-inch sanitary sewer to serve the subject
site; and
WHEREAS, The Daimler Group, Inc. intends to develop the 17.6-acre site by
constructing three (3) office buildings conducive with the area. Phase I of the project will be the
construction of a 65,000 sq. ft. building with an estimated construction cost of 7 million dollars
within the City of Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concurring:
Section 1. That the City Manager is hereby authorizing to execute The Preserve Sanitary
Sewer Agreement with The Daimler Group, Inc. ~
Section 2. That this Ordinance shall take effect and be in force from and after the earliest
period allowed by law.
assed this ~ ! `7 day of ,,2/1..~-,.t , 1999.
I
yor -Presiding Officer j
I
i
ttest:
i
Jerk of Council
i
1 ~iereby certify that copies of this Ordnance/Resolution wec
City of Dublin in accordance with Sect~on 731.25 of a Posted in the
~ the Ohio Revised Code.
. a~l6tin, Ohio
s-r
THE PRESERVE SANITARY SEWER AGREEMENT
WHEREAS, an 8-inch sanitary sewer is necessary to serve The Daimler Group, Inc.
project known as The Preserve as The Daimler Group, Inc. is desiring to develop a 17.6-acre site
on the southeast corner of Frantz Road and Tuttle Crossing Boulevard within the City of Dublin;
and
WHEREAS, an existing sanitary sewer presently terminates at the easterly property line
of Thomas Elementary School, owned by the Dublin City School System, and the 8-inch sanitary
sewer will need to be extended to the east property line of the to be developed parcel, an
approximate distance of 614 feet, for an approximate cost of $27,400.00;
WHEREAS, the immediately surrounding area has already developed with commercial
uses; and
WHEREAS, it is City's desire to assist The Daimler Group, Inc. in order to ensure that
they will develop their project within the City of Dublin by reimbursing The Daimler Group, Inc.
for the cost of construction of the aforementioned 8-inch sanitary sewer to serve the subject site.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
1. The Daimler Group, Inc. 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 an 8-inch sanitary sewer extension from the existing terminus of such sanitary sewer at
the southeast corner of Frantz Road and Tuttle Crossing Boulevard, a distance of 614 feet to a
terminus point located at the east property line of the project.
2. The Daimler Group, Inc. shall obtain all necessary easements for the construction,
operation and maintenance of the sanitary sewer extension at its sole cost and expense.
3. The Daimler Group, Inc. shall, obtain cost estimates and take bids for the
construction of the sanitary sewer extension which shall be subject to review and approval by the
City Engineer.
4. Upon completion and construction of the sanitary sewer extension and acceptance
thereof by Dublin, The Daimler Group, Inc. will convey to Dublin title to the sanitary sewer
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 sanitary sewer 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 sanitary sewer
extension shall be vested in City of Dublin. After acceptance of the sanitary sewer extension by
Dublin, The Daimler Group, Inc. shall have no liability or responsibility whatsoever in
connection therewith, except that The Daimler Group, Inc. shall cause repairs to be made to the
sanitary sewer 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 sanitary sewer extension, and its
related economic development benefits to the City of Dublin, the conveyance to Dublin of title to
the sanitary sewer extension and the granting to Dublin of any necessary easements as provided
in paragraph 4, Dublin shall reimburse to The Daimler Group, Inc. the full cost of the design and
construction of the sanitary sewer extension, as previously agreed by the City Engineer. In no
case, shall Dublin's cost exceed the sum of $27,400.00, without the approval of Dublin City
Council.
7. The Daimler Group, Inc. shall cause its agents, contractors and subcontractors
engaged in the construction of the sanitary sewer 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 The
Daimler Group, Inc. pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officials or agents this day of , 1999.
CITY OF DUBLIN
By:
Timothy C. Hansley, City Manager
THE DAIMLER GROUP, INC.
By:
Its:
~ APR 16 '99 04~22PM THE DAIMLER GROUP P.2/4
THE DAIMLER GROUP, INC.
1553 LAKE SHORE ORIVE COLUMBUS, OHIO a3204-4801 ola/a88-ad2a FAX 61d/a99.0603
April 16, 1999
TELECOPY bELIVERY
Mr. Richard B. Helwig
Assistant City Manager and Development Director
City of Dublin
5800 Shier-Rings Road
Dublin, Ohio 43016
Subject: Sanitary Sewer Extension-The Preserve @ Frantz and Tuttle
Dear Rick:
As you know, The Daimler Group is in contract to purchase an approximately
17.6-acre site at the southeast corner of Frantz and Tuttle Roads. Our desire is to
develop the site as a corporate office campus to be known as The Preserve. As
part of this development, sanitary and storm sewer will need to be extended to
this site because the City does not presently service this site.
Our preliminary cost estimates to provide sewer service to this site are as follows:
~ A drainage ditch will need to be constructed adjacent to and east
of the Thomas Elementary School property and will span the entire
length of the "farm" property {which is owned by Pauline Wuertz but
is in contract to be sold to MI Homes) and will discharge into an
existing drainage ditch at Dublin Road. Approximate cost to do this
will be 521,700.
• The required sanitary sewer extension is based upon the design of
the existing sewer that currently serves the Thomas Elementary
School. The capacity and depth of the existing sewer were designed
in a manner to serve our 17.6-acre site which was included in the
tributary area for the existing sewer, Approximate cost to extend the
sanitary sewer is 527,400.
R E A L E S T A T E O E v E l O V M E N T - C O N S T R V C T I O N M A N A G E M E N T
~ APR 16 '99 04~ZiPM THE DAIMLER CROUP P.4/4
Mr. Helwig
April 16, 1999
Page 2
~ As for storm water flow, Ohio law requires that property owners
'down-grade" make provisions for "up-grade" property owners
because of the natural tributary concept of water flow. This must be
accomplished by either a new storm sewer, drainage swales or the
continuance of sheet drainage. In the case of crossing the Thomas
Elementary School property, a storm sewer is the only acceptable
means of accomplishing this goat. Creating a drainage swale would
be unsuitable for the existing baseball and soccer fields. Also routing
the drainage across the farm property via a drainage swale would be
the best solution so that future development in the area (expected to
be single-family residences? would have future options as to how and
where to route the off-site storm drainage by means of a new storm
sewer. Approximate cost to construct this storm sewer extension
would be S 27, 515.
We are requesting that the City partner with us for approximately one-third of the
costs for the City to service this site with sewer. We are therefore requesting the
City portion to be the costs relating to construction of the new sanitary sewer
extension, not to exceed S27,400.
The following is our proposal on design costs and estimated construction costs for
the sanitary sewer extension to service The Preserve.
DESIGN
The scope of work includes design services for the preparation
of detailed drawings and technical specifications, proposed
exhibits and descriptions of permanent and temporary
easements, field construction layout of proposed improvement,
and construction engineering services as needed. We will
obtain approval from the City engineer prior to the bidding
process.
APR 16 '99 04~21PM THE DAIMLER GROUP P.3i4
Mr. Helwig
April 16, 1999
Page 3
Our fees to complete this scope of work are as follows:
1. Engineering/Design Phase S3,500
2. Construction Layout 1,200
Total 54,700
CONSTRUCTION
The preliminary construction cost estimate for the sanitary
sewer is S22,700. We will solicit bids from three contractors
and award the contract to the low bidder. We will be
responsible for the contracts and project management. We will
obtain all necessary easements and have already started
discussions with the Dublin City Schools and Mrs. Wuertz and
MI Homes to that end.
We truly appreciate and enjoy our past and continuing partnership with the City of
Dublin, and look forward to this project being equally as rewarding.
Best regards,
Paul G. Ghidotti
General Counsel & Development Director
PGG/smd
mMleatHrsMMUttle/hsMrip ON 899
cc: Mary L. Bearden (by telecopy)
Division of Economic Development
5800 Shier-Rings Road • Dublin, Ohio 43016-1236
CITY OF DUBLIN Phone: 614-761-6550 • Fax: 614-761-6506 ~ /~~~0
To: Dublin City Council
From: Timothy C. Hansley, City Manager
Date: May 13, 1999
Re: Location Map for Daimler Project
Ordinance #53-99
Initiated By: Rick Helwig, Assistant City Manager/Development Director '~3 ~
Mary L. Bearden, Economic Development Director
Enclosed as requested is a drawing showing the location of the proposed sanitary sewer for the
Daimler Group's project known as "The Preserve" located at Frantz Road and Tuttle Crossing
Boulevard.
\W IMBUS\VOL I \PER\KG396\OFFICE\WP\99CORRES\CCDAIM LER.DOC
O
ST
. EL
M
A IDE
~ B
~
r
w~„«
T R~ A
8" s itary sewer
12 waterline ~TTLE g~
T ~
i ~ Thomas Elementary School ~
~ ~ ~i ,
~ ~ i~
i ~ ~ i
~ 1 ~ ~ .
i ~ ~
~ ~
I ~
I I~ ? ~ ~
.
~ ,
wxu+.-r ~'7
~Y
a ~
~~a
eo~ d
® 1~ ~ C~~
1~ 1
1 lO ~ ~ u~n
1 `1 1 ~ - Z~
1 1 ~
® D UuJ G
N C ~
~d 0 9
~