02-02 Resolution
RECORD OF RESOLUTIONS
Dayton legal Blank Co" Farm No, 30045
Resolution No. .. 02-02 Passed nnnnnn ........nn' ~
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A REFUSE, RECYCLING, YARD WASTE AND SNOW
REMOV AL SERVICES AGREEMENT ("AGREEMENT") WITH
EDWARDS GOLF COMMUNITIES LLC AND EXECUTE ANY
OTHER DOCUMENTS NECESSARY TO COMPLY WITH THE
AGREEMENT FOR THE DEVELOPMENT OF THE BALLE NT RAE
GOLF COURSE IN THE CITY OF DUBLIN, COUNTY OF
FRANKLIN, STATE OF OHIO.
WHEREAS, a goal of Dublin City Council is to continue to work with Edwards Golf
Communities, LLC ("Edwards") to development the residential community adjacent to
Ballentrae Golf Course; and
WHEREAS, it is necessary for Edwards to temporarily install a road on a portion of its land
to allow the City to continue to provide City services to certain Dublin residents in the
Ballentrae community; and I
WHEREAS, Edwards desires Dublin to continue providing refuse, recycling and yard waste
collection and snow removal services to certain Dublin residents in the Ballentrae subdivision
using a temporary road installed by the Edwards; and
WHEREAS, Dublin desires to provide refuse, recycling, and yard waste collection and snow
removal services to those residents uninterrupted during the development of the Ballentrae
subdivisions.
WHEREAS, the road does not meet all the standards of public streets located in Dublin and
is located on property owned by Edwards; and
WHEREAS, Council finds that it is in the best interest of the City to enter into this
temporary agreement with Edwards to continue the development of the Ballentrae Golf
Course and residential community adjacent thereto; and
NOW, THEREFORE, BE IT RESOLVED by Council ofthe City of Dublin, State of Ohio,
~ of the members concurring that:
Section 1. The City Manager is hereby authorized to execute an agreement with
Edwards to provide during the development ofthe Ballentrae residential development refuse,
recycling, and yard waste collection and snow removal services to residents currently living
within the Ballentrae Development in a form substantially similar to the one attached hereto
as Exhibit "A"; and
Section 2. That this Resolution is effective upon passage in accordance with Section
4.04(a) of the Revised Charter.
Passed this )"J.^,_ day of ~' 2002.
~'
ATTEST:
~C!-~
Clerk of Council
I hen~hy o:dify tb!lt copies of this Ordinon(e/R~s"llJtion were posted in t~(,
City of Dublin in o(wdancp. wjt~ Sedion 731.25 of the Ohio Revised Codal
ad, CIerI
REFUSE, RECYCLING, YARD WASTE AND SNOW REMOVAL
SERVICES AGREEMENT
This Refuse, Recycling and Yard Waste Collection and Snow Removal Services Agreement
(the "Agreement") is made between the City of Dublin, Ohio ("Dublin") and the Edwards Golf
Communities LLC ("Edwards").
RECITALS
WHEREAS, it is necessary for Edwards to temporarily install a road on a portion of its land
to allow the City to continue to provide City services to certain Dublin residents in the Ballentrae
community; and
WHEREAS, Edwards desires Dublin to continue providing refuse, recycling and yard
waste collection and snow removal services to certain Dublin residents in the Ballentrae
subdivision using a temporary road installed by the Edwards; and
WHEREAS, Dublin desires to provide refuse, recycling, and yard waste collection and
snow removal services to those residents uninterrupted during the development of the Ballentrae
subdivisions.
WHEREAS, the road does not meet all the standards of public streets located in Dublin
and is located on property owned by Edwards; and
WHEREAS, Council finds that it is in the best interest of the City to enter into this
temporary agreement with Edwards to continue the development of the Ballentrae Golf Course
and residential community adjacent thereto; and
The parties agree as follows:
Section 1. Refuse, Recycling and Yard Waste Collection and Snow Removal Services.
Dublin agrees to make refuse, recycling and yard waste collection and snow removal services
available to those residents using the temporary road in the Ballantrae subdivision in the manner
and at the times to be determined by the Dublin Director of Service.
Section 2. Temporary Easement Agreement. Edwards agrees to convey to Dublin, and
Dublin agrees to accept a temporary easement allowing Dublin to use the temporary roadway in
question for the purposes stated herein.
Section 3. Hold Harmless. In consideration for providing refuse, recycling and yard waste
collection and snow removal services, the Edwards Land Company agrees to hold Dublin, its
elected and appointed officials, its employees, and its agents harmless from any damages caused to
the temporary street owned by the Edwards Land Company as a result of the weight of the vehicles
used by Dublin for the refuse, recycling and yard waste collection and snow removal services.
Dublin's agent, however, will be responsible for any other damages suffered by the Edwards Land
{H0157132.1 }
EXHIBIT
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Company as a result of the agent's negligence while providing refuse, recycling and yard waste
collection services. The Edwards Land Company agrees to make repairs and maintain the
temporary road.
Section 4. General.
4.1 No change or modification shall be valid unless the same shall be in writing and signed
by both of the parties.
4.2 This Agreement sets forth the entire agreement between the parties, and supersedes any
and all prior discussions, agreements, or understandings between the parties.
4.3 This Agreement shall be governed by, construed in accordance with the laws of the
State of Ohio.
The parties have executed this Agreement on the _ day of _' 2002.
CITY OF DUBLIN
City Manager
City of Dublin
Dublin, Ohio
Notary:
THE EDWARDS LAND COMPANY
Name (print):
Signature:
Title:
Notary:
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