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Ordinance 028-17Dayton Legal Blank, Inc. Ordinance No. RECORD OF ORDINANCES 28 -17 Form No. 30043 Passed .20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INFRASTRUCTURE AGREEMENT WITH PULTE HOMES OF OHIO, LLC, AND UNION COUNTY, FOR THE AUTUMN ROSE WOODS DEVELOPMENT WHEREAS, the Community Plan shows future land use for the approximately 47 -acre site on the east side of Hyland -Croy Road, between Park Mill Drive and Tullymore Drive, which is pending annexation to the City of Dublin, as Mixed Residential — Rural Transition; and WHEREAS, Pulte Homes of Ohio, LLC ( "Developer's desires to develop the site as Autumn Rose Woods, with 73 single- family housing units ( "the Development'7; and WHEREAS, the Developer has performed a traffic impact study (TIS) as required for the rezoning necessary for the Development; and WHEREAS, the Parties agree to enter into this Agreement relating to construction of, and Developer's contribution of the Development's proportionate share for, certain transportation improvements to the surrounding roadway network to mitigate the impact of additional traffic generated by the Development; and WHEREAS, some of the impacted roadways are under the jurisdiction of Union County. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring, that: SECTION 1. The City Manager is hereby authorized to execute the attached Infrastructure Agreement with Pulte Homes of Ohio, LLC, and Union County for the Autumn Rose Woods development, in substantially the same form as attached, with changes not inconsistent with this Ordinance and not substantially adverse to the City and which shall be approved by the City Manager. The approval of changes thereto by those officials, and their character as not being substantially adverse to the City, shall be evidenced conclusively by their execution thereof. SECTION 2. This Ordoa fte shall take effect upon the earliest date permitted by law. Iassed this / ay of �, , 2017. r Mabor — Presidjhg O ATTEST: Clerk of CKAncil V 12YE0011, dd A 1`�F If 'Cl R 1`4 V 0110� TOO Members of Dublin City Council From: Dana L. McDaniel, City Mana Initiated by: Paul A. Hammersmith, PE, Director of Engineering/City Engineer C. Aaron Stanford, PE, Senior Civil Engineer Jennifer D. Readler, Law Director Thaddeus M. Boggs Date,,, April 20, 2017 Re: Ordinance 28-17 - Autumn Rose Woods Infrastructure Agreement This memorandum pertains to a proposed infrastructure agreement between Pulte Homes, the City of Dublin, and Union County. Execution of an infrastructure agreement is a condition of approval recommended by Planning and Zoning Commission for the Rezoning and Preliminary Development Plan. The TIS indicated that improvements will be necessary, during the 2016-2026 period, to achieve acceptable levels of service at the intersections of Hyland-Croy Road and Park Mill Drive; Hyland-Croy Road and Post Road, and Hyland-Croy Road and Brand Road/Mitchell- Frost Brown Todd LLC Memo re. Ordinance 28-17 - Autumn Rose Woods Infrastructure Agreement April 20, 2017 Page 2 of 3 DeWitt Road. The study forecast that improvements would be needed, and the developmenl would contribute to traffic, at these intersections as follows by 2026-4 Additionally, the TIS states that northbound and southbound dedicated turn lanes will bit needed on Hyland-Croy Road to accommodate traffic entering the site. The developer will construct these improvements, contributing 100% of the cost. at The proposed infrastructure agreement provides for developer contributions to the off-sitC, improvements as shown in the table below, Off-Ske Improvements Table Intersecti"on IMPrOvement Percent Sifte I S"te Contro'but" I ion m rovement I p Esti"mate Contri"bub"on Hyland-Croy Road and Park Mill Drive $ if 000f 000 3.0% $30,000 Hyland-Croy Road and Post Rod a $2,500,000 1 . 7% $42f 500 Hyland-Croy Road and Brand Road/M itchel I -DeWitt $500,000 1.7% I $8f 500 Road Total_ $4r Of OOP Za130/o $81000 Memo re. Ordinance 28-17 - Autumn Rose Woods Infrastructure Agreement April 20, 2017 Page 3 of 3 The agreement also addresses the potential for change in jurisdiction controlling these intersections. The intersections of Hyland-Croy Road and Park Mill Drive, and of Hyland-Croy Road and Post Road, are currently under Union County"s jurisdiction. If these intersections are annexed prior to the due date for contributions to these intersections/ improvements, then the contributions will be paid to Dublin. Otherwise, they will be paid to Union County. , A Staff recommends approval of Ordinance No. 28-17 authorizing the City Manager to enter int an Infrastructure Agreement with Pulte Homes of Ohio I LLC, and Union County for the Autum Rose Woods development at the second reading/public hearing on May 22, 2017. INFRASTRUCTURE AGREEMENT FOR THE AUTUMN ROSE WOODS DEVELOPMENT This Infrastructure Agreement (the "AgreemenY� dated , 2017, by and between the CITY OF DUBLIN, OHIO ("Dublin), a municipal corporation duly organized and validly existing under the Constitution and laws of the State of Ohio (the "State) and its Charter, UNION COUNTY, OHIO ("Union County' and collectively with Dublin, the "Jurisdictions'), a county duly organized and validly existing under the laws of the State of Ohio, and PULTE HOMES OF OHIO LLC ("Developer" and collectively with Dublin and Union County, the "Parties'), a foreign limited liability company authorized to conduct business in the State of Ohio, witnesseth: WHEREAS, the Developer is presently engaged in the improvement of certain land pending annexation into the City of Dublin, Ohio (within Union County) and is desirous of constructing public street infrastructure, and related public facilities to service the residential lots located in a development known as Autumn Rose Woods (the "Developmenn; WHEREAS, the Developer has commissioned a traffic impact study, titled "Autumn Rose Traffic Study ", prepared by Smart Services, Inc. and dated May 2016, most recently revised February 22, 2017 ("775') for the Development, that has been reviewed and approved by the Jurisdictions; and WHEREAS, the Parties agree to enter into this Agreement relating to the contribution to certain transportation improvements to the surrounding roadway network to mitigate the impact of the additional traffic generated by the Development; and WHEREAS, the Developer intends to construct the Development in two phases, with the first phases consisting of development of thirty -seven (37) lots and the second phase consisting of development of thirty-six (36) lots; and WHEREAS, the traffic impacts used in this Agreement to calculate cost contributions were developed based on the TIS prepared for the Developer; NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows: The Developer agrees to construct a southbound left turn lane from Hyland -Croy Road into the site as identified in the TIS, solely at Developer's cost. This on -site improvement shall be constructed as part of the first phase of the Development, and is subject to the same requirements for conditional acceptance as the other on -site improvements for the first phase of the Development. The Developer agrees to construct a northbound right turn lane from Hyland -Croy Road into the site as identified in the TIS, solely at Developer's cost. This on -site improvement shall be constructed as part of the first phase of the Development, and is subject to the same requirements for conditional acceptance as the other on -site improvements for the first phase of the Development. The Parties agree that the Development adds traffic to the Hyland -Croy Road and Post Road intersection under Union County's jurisdiction. The Developer agrees to contribute $42,500.00 (1.7% of the estimated cost of $2,500,000.00). The estimated cost is based upon the average cost of an improvement at the intersection using either a signalized or roundabout configuration. This contribution shall be paid to Union County, except as otherwise provided in Paragraph 7. 4. The Parties agree that the Development adds traffic to the Hyland -Croy Road and Park Mill Drive intersection under Union County's jurisdiction. The Developer agrees to contribute $30,000.00 (3% of the estimated cost of $1,000,000.00). The total cost of this improvement is estimated at $1,000,000.00 whether the intersection is improved with a signal or a roundabout. This contribution shall be paid to Union County, except as otherwise provided in Paragraph 8. The Parties agree that the Development adds traffic to the intersection of Hyland -Croy Road and Brand Road /Mitchell- DeWitt Road under both Dublin's and Union County's jurisdiction. Page 1 of 3 INFRASTRUCTURE AGREEMENT FOR THE AUTUMN ROSE WOODS DEVELOPMENT DATE OF AGREEMENT: The Developer agrees to contribute a total of $8,500.00 (1.7% of the estimated cost of $500,000.00) for the intersection modification. This contribution shall be paid to Dublin. The contributions provided in Paragraph 3 shall be made prior to recording the final plat for the first phase of the Development. The contributions provided in Paragraphs 4 and 5 shall be made prior to recording the final plat for the second phase of the Development (i.e., the plat including the thirty- eighth lot in the Development), or December 31, 2025, whichever is earlier. 7. If the Hyland -Croy Road and Post Road intersection is annexed to be under the jurisdiction of the City of Dublin, and if such annexation occurs prior to the designated date for payment of the contribution for that intersection, then the contribution for that intersection shall be paid to the City of Dublin. 8. If the Hyland -Croy Road and Park Mill Drive intersection is annexed to be under the jurisdiction of the City of Dublin, and if such annexation occurs prior to the designated date for payment of the contribution for that intersection, then the contribution for that intersection shall be paid to the City of Dublin. 9. The Developer will submit detailed plans and specifications, for the improvements to be installed by the Developer to the Jurisdictions for their review and approval. No work shall begin until such time that the Jurisdictions have granted the appropriate approval of the plans and specifications. 10. The Developer shall repair, replace, or correct any improvements that have been improperly installed or which have been proven faulty during the Maintenance Periods. The length of the Maintenance Period shall be in accord with the Section 330 of the Union County Subdivision Regulations or the Dublin Subdivision Regulations. 11. Prior to the approval of the infrastructure by the Union County Engineer or the Dublin City Engineer, the Developer shall deposit a guarantee bond, amounting to a minimum of twenty percent (20 %) of the actual total cost of infrastructure installed by Developer as a guarantee that all equipment and materials were properly installed and that the infrastructure will perform satisfactorily during the Maintenance Period. 12. Indemnification and Hold Harmless. The Developer agrees to defend, indemnify, protect and hold harmless the Jurisdictions, their elected officials, officers, employees, agents, and volunteers from and against any liability for all actions, claims, losses, damages, costs and /or expenses (including reasonable attorney's fees) to the extent that such actions, claims, losses, damages, costs and /or expenses arise out or are in any way caused by the performance or non - performance of this Agreement, either directly or indirectly, irrespective of whether such actions, claims, losses, damages, costs and /or expenses are caused by the acts, omissions or conduct of the Developer or its employees, agents and representatives. 13. Notices. Except as otherwise specifically set forth in this Agreement, notices, demands, requests, consents or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or if hand - delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and return receipt requested, addressed to the other Parties at the addresses set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other addresses as the recipients shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. A duplicate copy of each notice, certificate, request or other communication given hereunder to the Parties shall be given also to the others. The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificate, requests or other communications shall be sent. (a) As to Dublin: City of Dublin, Ohio Attention: Director of Engineering Page 2 of 3 INFRASTRUCTURE AGREEMENT FOR THE AUTUMN ROSE WOODS DEVELOPMENT DATE OF AGREEMENT: 5800 Shier -Rings Road Dublin, Ohio 43016 -7295 (b) As to Union County: Union County, Ohio Attn: County Engineer 233 West Sixth Street Marysville, Ohio 43040 (c) As to Developer: 14. Extent of Provisions Regarding the Parties; No Personal Liability. No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future official, member, officer, agent or employee of the Parties in an individual capacity, and to the extent authorized and permitted by applicable law, no official executing or approving the Parties' participation in this Agreement shall be liable personally under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. 15. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties, and their respective permitted successors and assigns. The Parties will observe and perform faithfully at all times all covenants, agreements and obligations under this Agreement. This Agreement may be amended only by a writing signed by authorized representatives of all Parties. 16. Governing Law /Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to the principles thereof relating to conflicts or choice of laws. IN WITNESS WHEREOF, Dublin, Union County, and the Developer have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date written above. Developer: Board of Commissioners, Union County, Ohio Signature Date Printed Name: Signature Date Company Name: Pulte Homes of Ohio LLC Charles Hall, Commissioner City of Dublin, Ohio Signature Date Gary Lee, Commissioner Signature Date Signature Date Dana L. McDaniel, City Manager Steve Stolte, Commissioner Approved as to form: Approved as to form: Signature Date Signature Date Jennifer D. Readler, Law Director David Phillips, Prosecuting Attorney Page 3 of 3