039-78 Ordinance
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r. u RECORD OF ORDINANCES
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. National Graphics Corp., Cols.. 0.. ~ Form No. 2806.A :
.' .... 39 78 MAY 1 1978
Ordmance No h_n_nmmu___nnn P assednm__mm____m_m___n_m___mm________19_m_.__
AN ORDINANCE APPROVING AN AGREEMENT
FOR THE CONSTRUCTION OF A WATER LINE.
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BE IT ORDAINED by the Counci I of the Village of Dublin, Ohio ~
of the members concurring, that:
SECTION I. The proposed agreement between the Village of Dublin
and ""'J).,*,~ ~ l:>ENtf...o.t.-W7 for the construct i on of a water
line along the west side of Coffman Road, a copy of which is
attached hereto and made a part hereof, is approved and the Mayor
and Clerk-Treasurer are, hereby, authorized to sign said agree-
ment on behalf of the said Village.
SECTION 2. This Ordinance will take effect and be in force from
and after the earliest period allowed by law.
Passed this ~{~ day of~, 1978
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President Pro Tempore
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ATTEST:
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Clerk-Treasurer
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WATER LINE AGREEMENT
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THIS AGREEMENT is made this --.hL day of -, 1978, by,
between and among Dublin Land Development Company, an Ohio limited
partnership, and W. K. Dublin Investment Co., an Ohio general
l I partnership, (hereinafter collectively referred to as IIDeveloperll) ,
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and .th~ Village of Dublin, Ohio, (hereinafter referred to as
"Dublinll).
WHEREAS, the Village of Dublin may decide to construct a
sixteen (16) inch water line within the Village of Dublin right-of-
way along the west side of Coffman Road, from the terminus of the
existing water line approximately across from Dublin High School
<;>n the south, in a northerly direction up to the northeast corner
of the proposed church site on the north (said northeast'corner
of the proposed church site also being the former northeast cor-'
ner of the former Leppert Farm) , said water line being hereafter
referred to as "water linell; and'
) J . WHEREAS, in the alternative, Dublin may elect to have Developer
J construct said water line; and
WHEREAS, the parties hereto do now desire to agree as to the
respective obl~gations in connection therewith.
NOW, THEREFORE, for valuable consideration, the receipt of
which is hereby acknowledged, the parties do hereby agree as follows.:
1. Ie Dublin elects to build said water line, Developer
agrees to advance to Dublin prior to the commencement of construc-
tion thereof, the sum of Eight ($8.00) Dollars per lineal foot of
water line to be constructed along Coffman Road, \vhereupon, all
obligations of Developer in connection with the construction of
said water line shall be fully discharged.
\ I 2. However, if the Village of Dublin does not construct
l) said water line, but determines that Developer shall construct
said water line, then, in that event, Developer shall forthwith
construct said water line at the sole expense of Developer, accord-
ing to plans and specifications prepared by Evans, Mechwart,
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Hambleton & Tilton, Inc. , the engineer for D~veloper, which plans
and specifications shall be approved in writing by Burgess and,
Niple Limited; the engineer for Dublin.
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3. Said water line shall be constructed in accordance with
the standard. construction regul~tions of the Village of Dublin as
the same is set forth in Ordinance 29-76, adopted May 3, 1976.
4. .Upon completion of said water line by De~eloper and.
acceptance thereof by Dublin, which acceptance shall be deemed
l I to be a dedication by Developer of said water line, then, for a
\0 period of one (1) year from the date thereof, Developer shall
maintain and repair said water line. . As' security for performance
by Developer of such maintenance and repair, Developer agrees.
to deliver to Dublin a bond or, in the alternative, a letter of
credit from Huntington National Ba~k of Columbus, said bond or
letter of credit being in favor of Dublin, and in an amount equal
to ten (10%) percent of the total cost of construction of said
water line.
5. Except as provided in paragraph 4 hereinabove, at such
. time as said water line is accepted by Dublin,
Developer' shall
be deemed to have been relieved of all liability and responsibility'
\ whatsoever in connection with the construction therewith and,
U further, at the expiration of the one (1) year period during which
maintenance and repairs to be performed by Developer, Developer
shall be deemed to have been relieved of all liability and responsi-
bility for maintenance and repair thereof.
6. The parties hereto acknowledge that the water line shall
be a sixteen (16) inch water line rather'than'an eight (8) inch
water line, and accordingly, will be more expensive to construct.
Accordingly, Dublin agrees to. reimburse Developer in the manner
set forth hereinafter in an am~unt equal to the' difference between
one-half (1/2) of the cost of construction of an eight (8) inch
water line, and the ~ctual" cost of construction of said. water line.
(For purposes of this Agreement, one-half (1/2) of the cost of
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\ construction of an eight (8) inch water line shall be' deemed to
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be Eight ($8.00) Dollars per 'lineal foot thereof). Said 'reimburse-
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ment by Dublin to Developer shall be' from allf~p f~ received p
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by Dublin and attrib~table to the' water. line,. shall be made' dhly .~~
as funds become available:but, in any event, no more often than
semi-annually. In the event that Dublin does not receive sufficient
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tap fees to reimburse Developer in accordance herewith, Dublin shall
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have no further obligation to reimburse Developer from any other
fund.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands on this I ~.. .
day of ~l, 1978.
( , W'. K. DUBLIN INVESTMENT CO.
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DUBLIN LAND DEVELOPMENT COMPANY
Partner
Partner
VILLAGE OF DUBLIN, OHIO
);- By. ~/v?(/, ~~
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Charles W. Cof an, Mayor
By'~D~
Richard D. Termeer, Clerk-Treasurer
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