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03-91 Resolution RECORD OF RESOLUTIONS Doyton Legol Blank Co corm No 30045 . _.m ..__._.m__.._______._____.___._____....'..__.. - ..~ _._~- ---- ---.--------.-- --~- ----'... __ - ___ ____m____.n_.._ ...- ---- _.-'--_.--~~'-" _.~_.- -,.-----.'- ._-------_._---,--..-..._._----_..~- -- ",,- -. '.-...- '- --,~---_._----_._---_._._---_.,_.._--~-_..~'_._-_....-----------...-----------.. Res-of 11 t io II X o. 03-91 Passed 19 A RESOLUTION EXTENDING THE TWO-YEAR PERIOD FOR DEPOSI- TORY OF ACTIVE FUNDS WHEREAS, Resolution No. 06-89 established Bank One as the depository for active funds for the two year period from March 1, 1989 to February 28, 1991; and, WHEREAS, the Finance Department is preparing a request for proposal to enable proper evaluation of banking service proposal; and WHEREAS, additional time is necessary to solicit and evaluate said proposals. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: - Section 1. That Resolution No. 06-89 be amended to extend the period of award for depository accounts from March 1, 1991 to July 1, 1991- Section 2. That this Resolution shall take effect and be in force immediately upon its passage. Passed this ~iay of March , 1991- ..} ,-.f,> ~t'" . -~. . ~ a- ~~r .../ ~- , ..<",",~""~~""-- /" - ...,- Mayor - presid' Officer Attest: /7 JA-I.hw.f-O ~7. 7 j/u'~ Clerk of Cou cil ' l.~ereby Cer!ify that copies of this {)~:rf1'l:'!~elr~~':+.'r('n r'~r(' (If <"I 'n C'ty of DublIn in accordan'e W',ll So.t'on731 r r.' ..,.." , ,. u,... . J O( t.10 G...o Rev:: :0 ~(h~~. ~~ ~erk of (ouncll, Dub in, Ohio \-1ATER 'LINE EX'l'ENSIO~ AGREENENT , -;?c: rE.5 oL'JJ.T/ ~rJ /7- g / Wi Sl!eJtEX , THt~ ,.,,,,,'I~lt 1. tNt~ N:\.t'I\N~ltON N~ln~I':NI\N'" (h~,'~t"Af. hH;. ~~f1rpf-r~~ b\ 1':"1 ("Agreement") made effective this /SJ~ day of PIA '1 . i, i /. . by and between the VILLAGE OF DUBLIN, OHIO, a municipal corporation, hereinafter referred to as "Dublin" and SIlEREX CHEl-1ICAL. COHPANY, INC., I . . A . an Ohio corporation hereinafter referred to as "Sherex",' pursuant to ... , ~~I.I. f',~.. II~" hll, ) ...crd!r;liimee duly passed by "Dublin" on the day of , 9"( 19 . WITNESSETH: WHEREAS, Sherex Chemical Company, Inc. has purchased a tract of real 'Property on l,'rantz Road, Dublin, Ohio, for the purpose of erecting a corporate headquarters containing approximately 101M square feet of floor space to house a laboratory and adm:i.nistr~tive offices; and HUEREAS, the above tract is nm.f served by auater main in part installed and pai.d for by Sherex; and t.fHEREAS, Dublin and Sherex desire to reach an agreeMent for cOI:lpensation to Sherex for the expense to Shercx of providing t...ater facilities to senre the sai.d tract; '\ . NOH, Tl~~!"~r:O'qE, Th.tblin .:Lnu She::-c:v;, in consideration of the covenAnts \ j and agreements herein contained, agree as follows: 1. Dublin agreed to allow Sherex, or its age~ts, to construct and connect a new water main from Longbranch Drive southerly along Frantz Road to South Rings Road. 2. Sherex has privately constructed. at its own cost and expenge a water main project known as "12" Uaterline in Frantz Rd.", in . ac~ord~nce ~ith detailed plans and specifications, which were submitted by Shecex and approved bY Dublin and the City of ~'". Coh'r-\b'_IS. Ohio. . _ 3. After the projec:t had been completed and approved by the Dublin Vll- 1i11\'" ,t,,,~ l "dd L', t.hd ,,,,!All,, VI' l,\n~ "~'I\'h'I~Ht".Hr 't;.,\\..t' fl ,....t-I-..'" tit Completion to Sherex on Se.ptember 30, 19 ao. Upon issuance of -- the Letter of Completion, the water lines and other appurtenances -. thereupon became the property of, and title ~ediately vested in Dublin, or its successors or assigns. . i I " , /. . Sherex has furnished a certified statement to Dublin itemizing the total cost of construction and indicating specifically the cost of those items eligible for reimbursement. Sherex also has submitted therewIth receipts for all labor and materials used in connection with the construction of the ,,,ater main, together with final, as built plans. 5. Sherex hereby agrees to. be respon31ble for all maintenance of said w~ter line during the first year, said year to begin on the effective d3te of the Letter of Completion, referred to in paragraph 3 ab~ve. Shecex shall not, ho,.,ever. be r'.!sr.onsible for any repairs made necessary by the extension or use of the subject water line by someone other than Sherex. ~ 6. D\.:.b!.in grantee! re~ission ~o Sherex and its agents to lay. construct . and maintain the proposed water line in any public rights-of-way, public places or public easements, including the-right to extend said . water line under any paved or improved surfaces,. all in accordanc~ with - the plans and specifications approved aforesaid. 7. Sherex hereby agrees to assume at its own expense the defense of, and to indemnify and save free and harmless Dublin and its officers and agents against any and all liability, judgments, suits, costs, d~1r.lage9, claim::; or expenses which may accrue against Dublin, its of- ; fleers and ap,enls id\tonc;equ~nce of injuries or damages occurring Revisud 1./13/81 ~ - 3 - . to any person or property occasioned by or growing out of the con- struction of the project herein authorized. ~. Dublin will hereafter assess all property owners abutting said water- line who request permission to tap a service connection to said water- line. This assessment will be at the rate of $16.00 per front foot \ of pr.operty abutting the waterline, and will be in addition to any 1 other fees charged by the Village of Dublin for a tap connection, and will be collected at the same time other tap fees'are collected. All sach assessment charges collected by Dublin shall be paid over to Sherex within 30 days after beIng collected. This right to recoup costs hereunder shall cease and terminate ten (10) years after this Agreement is signed by both parties; at the time of termination. if Sherex's COAts have not been recouped, the Village will consider ex- tension of the term. IN tlITNESS WHEREOF, the parties hereto have set their hands effective the date and yedr first aforesaid. ""..61 By: -' ( .' ~~CAL COMPANY, INC. . 4f/!iil . By' --~a~ . (I' ~lIlia ) /;:1.-~- .~- ~r- rn nw~rn '~SHEREX MAR - 6 199\ March 4, 1991 CtlY Of DUBUN DEPT OF DEVELOPMENT Sherex Chemical Company, Inc. City of Dublin 5131 Post Road, #105 Dublin, OH 43017 5777 Frantz Road Attention: Mr. Terry Fogeler po. Box 646 . Dublin. OH 43017 Develcpnent Director Telephone: (614) 764-6500 Telex 245356 Telefax (614) 764-6544 RE: Water Line Extension Agreement - "12" Waterline in Frantz Rd. II Gentlemen: On May 18, 1981, Sherex Chemical Conpany, Inc. ("Sherex") arx:l the Village of Dublin, Ohio ("Dublin") entered into a Water Line Extension Agreement ("Agreement") regarcli.nJ the construction, by Sherex, of a water main project lmown as "12" Waterline in Frantz Rd. II '!he cost incurred by Sherex for this construction was $47,822.81 arx:l pursuant to the Agreement, Dublin agreed to assess all property owners aJ:::utting said waterline who requested pennission to tap a service connection to said waterline, an am:Jlll1t of $16.00 per front foot of property aJ:::utting the waterline in addition to any other fees charged by Dublin for a tap connection. At the ern of this ten-year Agreement, in the event that Sherex's costs for constructing the waterline were not recouped, the parties agreed to consider exterrling the tenn of the Agreement to allow Sherex additional time to recover its costs. 'Ib date, no additional property owners have tapped a service cormection to said waterline arx:l Sherex has not recovered any of its costs of the construction thereof. 'Iherefore, the parties hereby agree to extend the tenn of the Agreement for an additional ten (10) year period with all other terms arx:l corrlitions thereof remaining l..1I'lCharged arx:l in full force arx:l effect. Please inlicate your urxierstarrling arx:l aa:eptance of the foregoing by signing both originals of this letter arx:l returning one (1) original to us for our files. Sincerely, Agreed to arx:l accepted: SHEREX CHEMICAL cr.MPANY, me. CITY OF DUBLIN, OHIO By: ~~-, By: ~. Title: I{~ ~. -.1....i-1~ Title: DUBLlN, 01110 Date: :3/-V/1) Date: SlaleJ! / ( ( A Schering Berlin Company C I T Y 0 F D U 8 L I N Office of the Mayor May 9, 1991 Mr. Thomas Wyatt Sherex Chemical Company P. O. Box 646 5777 Frantz Road Dublin, Ohio 43017 Dear Mr. Wyatt: Enclosed is a copy of Resolution No. 04-91 as passed by the Dublin City Council on Monday, May 6, 1991 regarding the extension of the water line agreement. Also enclosed is a copy of the letter, as per your request, signed by the City Manager, Timothy C. Hansley. Sincerely, J'~y~tL--~ Frances M. Urban Clerk of Council 6665 Coffman Road Dublin, Ohio 43017 614.761.6500 FAX 614.889.0740