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050-79 Ordinance RECORD OF ORDINANCES 295 , . National Graphics Corp.. Cols.. O. ~ Form No. 2806-A Ordinance NO.n5:0_..._2~_____ JUN 4 1979 p assed_______n_______n_______________________________19 _____ n AN ORDINANCE TO ENTER INTO A "WATER FACILITIES AGREEMENT" WITH MUIRFIELD, LTD. 0 WHEREAS, Nuirfield has submitted a proposed "Water facilities Agreement"; and WHEREAS, Counc i I is of the opinion that said proposal is an ac- ceptable agreement: NOW, THEREFORE, BE IT ORD~NED by the Council of the Village of Dublin, State of Ohio, of the elected members concurring: SECT I ON I . That the proposed "Water Facilities Plan" as submit- ted by Muirfield Ltd (attached hereto as Exhibit "A") be, and hereby is, accepted. SECTION 2. That this Ordinance shall be in force and take effec from and after the earliest period allowed by law. Passed this ~ day of J.,..,J , 1979. 0 ~/~ ~.:J ~~<!-' Mayor - Presiding Officer President Pro'Tempore ATTEST: ~a~ 0 PROPOSED ~vATER FACILITIES AGREEHENT 0 tL THIS AGREE!-1ENT, made and entered into this 5- day of _. ~A/' ~__ , 1979 , by and between THE VILLAGE OF DUBLIN, OHIO, an Ohio municipal corporation classified as a Village (hereinafter called "Dublin"), and ~UIRFIBLD LTD., an Ohio limited partnership (hereinafter called "Muirfieldll) , \VITNESSETH: toJHE REAS , Muirfield has been and is the developer of a tract of land of approximately 1,600 acres situated in Dublin and generally north o~ Brand noad and west of State Route No. 745, \vhich tract of land is generally known and hereinafter referred to as "Huirfield Village"; and 0 \\THEREAS , Muirfield constructed for Dublin, pursuant to an agreement (hereinafter called the "1974 .l\greement") exe- cuted by Dublin and Muirfield on October 21, 1974 and October 22, 1974, respectively, a 12-inch water main, pumps and related facilities in order to provide water service to Huirfield Village and those areas of northern Dublin immediately adjacent to the said water main (hereinafter called the "service area"), ',.,hich water main (hereinafter called the "\Ja ter main") extends from water facilities of the City of Columbus, Ohio (hereinafter called "Columbus" ) located at the intersection of Sawmill and Summit View Roads a distance of approximately 13,500 feet in a generally westerly and northerly direction to a point near an C easterly property line of t1uirfield Village and the westerly right-of-way line of State Route No. 745: and WHEREAS, pursuant to the 1974 Aqreement, Dublin has been and is reimbursing Muirfield for its direct costs, as de- fined in the 1974 Agreement, incurred in constructinq the "'later main and related facilities; and I , WHEREAS, Columbus can supply to Dublin through the water main for use by residents of Dublin water at the rate of 2.5 million gallons per day, but the water main cannot provide water at this rate (hereinafter called the "water 0 main capacity") to the service area and adequate water pres- sure cannot be maintained in certain parts of the service area without the construction of booster pumping stations and other water facilities; and WHEREAS, as development in the service area con- tinues, storage of water will be required in order to maintain adequate pressures in the water main and in the water system served by it and a reserve supply of water for emergencies; and WHEREAS, Dublin is presently without funds with which to finance the cost of booster pumping stations, elevated storage tanks and other water facilities to enable the water main to provide water at more of the water main capacity than ( is presently possible and to maintain adequate pressures in the water main and in the water system served by it; and WHEREAS, Muirfield is willing, at its cost, to construct for Dublin a booster pumping station, an elevated storage tank and related facilities (sometimes hereinafter collectively called the "new water facilities") if Dublin will agree to reimburse Muirfield for such costs and will allocate to Muirfield and its successors and assigns for use in Muir- field Village a portion of the water main's capacity, all as hereinafter provided; NOW, THEREFORE, in consideration of the foregoing and of the covenants and agreements hereinafter set forth, C Dublin and Muirfield do hereby agree as follows: 1. Muirfield shall arrange and contract for and cause to be done such engineering and construction work as shall be necessary in order to design and construct the new water facilities, which generally shall consist of a booster -2- pumping station located in an area between State Route No. 745 and the Clubhouse of Muirfield Village Golf Club,and containing three 600 gallons-per-minute pumps with variable speed drives, two of which shall be installed in parallel and the third of C which shall be installed as a reserve pump, an elevated storage tank or tanks with a maximum total capacity of 500,000 gallons which shall be located in the northwest part of Muirfield Village west of Muirfield Drive and other related controls, pipes, devices and equipment. The precise location of the new water facilities shall be jointly determined by Dublin and Muirfield, the design plans and spec'ifications therefor shall be subject to the reason- able approval of Dublin's engineer and such facilities shall be constructed in accordance with such plans and specifications. Muirfield shall cause such plans and specifications to be prepared and submitted to Dublin's engineer on or before J)ec. 31 , 1979, shall commence construction of the booster pumping station r and related facilities within sixty (60 ) days after approval of Ll such plans and specifications by Dublin's engineer and shall thereafter diligently prosecute such construction to completion. The elevated storage tank or tanks and related facilities shall be constructed at such time or times as Dublin's engineer determines it is or they are needed. 2. Muirfield shall solicit bids from responsible contractors for the construction work to be done by Muirfield in accordance with the provisions of section 1 hereof and shall award contracts for construction work to the lowest and best bidder or bidders determined by Muirfield. However, Muirfield shall not be obligated to proceed with the construction of the C new water facilities or to fulfill its other obligations here- under if it determines prior to the commencement of construction that the total cost of designing and constructing the new water facilities will exceed $400,000. If Muirfield commences con- struction of any part of the new water facilities, it shall be -3- obligated to commence and complete construction of all of the new water facilities and to fulfill its other obligations here- under in accordance with the provisions hereof, notwithstanding 0 the fact that it may have determined or may determine that the total cost of designing and constructing the new water facilities will exceed $400,000. 3. Upon completion of construction of the new water facilities and acceptance thereof by Dublin, Muirfield shall convey title to the new water facilities and the land upon which the same are situated to Dublin and shall grant to Dublin such easements as are necessary for ingress and egress thereto and therefrom. Certification by Dublin's engineer that the new water facilities have been constructed in accordance with the plans and specifications shall constitute an acceptance thereof by Dublin, and, upon delivery of the instruments conveying title U to the new water facilities and the land upon which the same are situated, the title to the new water facilities shall be vested in Dublin and the same shall thereupon be and become a part of Dublin's water distribution system. After acceptance of the new water facilities by Dublin, Muirfield shall have no liability or responsibility whatsoever in connection with the new water facilities except that Muirfield shall make repairs 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. Muirfield's said 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 0 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 water facilities. 4. Dublin shall reimburse Muirfield for Muirfield's total cost of designing and constructing the new water facilities, which total cost shall include all direct costs paid by Muirfield -4- . . to others in connection with designing and constructing the new water facilities, including onsite supervision, but shall exclude the costs of materials or completed construction damaged or de- stroyed for which Muirfield receives reimbursement by an insurer C for such damage or destruction and items which are normally considered to be general overhead expense in accordance with generally accepted accounting principles. Reimbursement by Dublin to Muirfi~i~:d for herein shall be~_~~-~l}l..Y_from ------,-------~._---..,--.._,-,. --- ---., .<, funds received by Dublin as fees or other charges for taps and service connections into the water main or water line~ -..----- , ---- from or~erved by the water main and for oth~~~ter service -------. --~"'--~---.- ~ ~ --~ conne w~th~n Muirfield Village and the remainder of the - -'-'..-.- _.~--~._- .- service area, shall be made only as such funds are received by ------ Dublin and, in any event, shall be made no more frequently than quarterly. Until such time as Muirfield shall have received reimbursement in full pursuant to the terms of this agreement, C Dublin agrees that it will continue to maintain the "Village of Dublin Northern Water Main Account" established pursuant to the 1974 Agreement, will deposit therein all funds received by it as fees or other charges for taps and service connections into the water main and water lines extending from or served by the water main and for other water service connections within Muirfield Village and the remainder of the service area and will make reimbursement to Muirfield therefrom in accordance with the foregoing provisions of this section 4. 5. At any time during the period of construction of the new water facilities and for a period of one (1) year after acceptance thereof by Dublin, as hereinbefore provided, Dublin C may, during normal business hours and through its duly authorized agents, attorneys or accountants, examine the books and records of Muirfield pertaining to the costs incurred by Muirfield in causing the new water facilities to be designed and constructed. -5- .' 6. Muirfield shall cause its agents and the con- tractors and subcontractors engaged in construction of the new water facilities to comply with the Workers' Compensation Law of the State of Ohio and shall indemnify and hold harmless 0 Dublin from any and all claims, demands, actions or liabilities arising out of personal injury, death or property damage re- sulting from the construction work performed or caused to be performed by Muirfield pursuant to this agreement. 7. Since the water main was originally constructed by Muirfield at its expense, subject to later reimbursement of such expense by Dublin, and was intended to provide water service principally to Muirfield Village and in consideration of Muirfield's causing the new water facilities to be designed and constructed as hereinbefore provided in this agreement, Dublin agrees that a portion of the water main capacity will be made available to Muirfield and its successors and assigns ( for use within Muirfield Village equivalent to the rate at which water can be supplied to Muirfield Village through the water main after construction of the new water facilities. After construc- tion of the new water facilities the parties anticipate that Columbus will be able to supply water to Dublin through the water main (pursuant and subject to the contract relating thereto between Columbus and Dublin) at a rate equivalent to the water main capacity and that the new water facilities will enable the water main to supply water at a rate sufficient to provide water service to 3,300 residential dwelling units or their equivalent in Muirfield Village and to 800 residential dwelling units or their equivalent in the remainder of the service area. Therefore, Muirfield and its successors and 0 assigns will have the right to make taps and service connections into the water main or water lines extending from or served by the water main and obtain water service from Dublin (subject to -6- . '.' . the payment of such normal fees and charges for such taps, service connections and service as are imposed by Dublin) until such time as service connections shall have been made and water service shall have been provided to a total of 3,300 0 residential dwelling units (or their equivalent) in Muirfield Village, including those residential dwelling units and other structures in Muirfield Village presently receiving water service from Dublin. Dublin shall have the right to permit others to make taps and service connections into the water main or water lines extending from or served by the water main and obtain water service from Dublin (subject to the payment of such normal fees and charges for such taps, service connections and service as are imposed by Dublin) until service connections shall have been made and water service shall have been provided to a total of 800 residential dwelling units (or their equivalent) in the remainder of the service area, including those residential dwelling units and other structures in the remainder of the L ...., service area presently receiving water service from Dublin. The parties understand and agree that within Muirfield Village and the remainder of the service area service connections have been or will be made into and water service has been or will be provided for the Muirfield Village Golf Club Clubhouse and Villas, commercial establishments and other structures which are not residential dwelling units. Accordingly, in order to ascertain the extent to which either Dublin or Muirfield has utilized the service connections and water service allocated to it by the foregoing provisions of this section 7, the parties jointly shall make determinations in good faith with respect to the 0 number of residential dwelling units equivalent to each non- residential dwelling unit service connection made and water service provided within the service area. IN WITNESS WHEREOF, the parties hereto have caused -7- . ., this agreement to be executed by their duly authorized officials or agents as of the day and year first above written. VILLAGE OF DUBLIN, OHIO 0 " J ~~~ By !-iayor BY~~ elk-Treasurer MUIRFIELD LTD. By A Authorl.zed Agen By ~{- b'.- ~~. U ' Authorited Agent 0