16-81 Resolution
"' " RECORD OF RESOLUTIONS 255
i National Graphics Corp., Cols., O. .... n"~ Form No. 6233-A
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Resolution No. __I(o.-::-f/ Passed. m..mm m.m__.mmm.m.mm____.19m.uu I
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I A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO
[ ENTER INTO A PAYBACK AGREEMENT FOR THE OVERSIZING OF
SANITARY SEWERS IN PHASE I OF "INDIAN RUN MEADOW" SUB-
DIVISION.
WHEREAS, the Developers of "Indian Run Meadow" are requesting a
payback agreooent for the oversizing of Sanitary Sewers in their
Phase I construction and;
WHEREAS, Council has determined that said payback agreement is
I acceptable;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of
Dublin, State of Ohio, 6., of the members elected thereto
concurring:
SECTION 1. That the Village Manager is hereby authorized and direc-
ted to enter into said agreement attached hereto marked as Exhibit
"A".
SECTION 2. That this Resolution shall take effect and be in force
from and after the earliest period allowed by law.
C Passed this G lit day of 0.'1 ' 1981.
rJ
{!a;fL~ iI~
Mayor-presiding OF cer
ATTEST:
iP~ 'J7J, ~M?7~
. Clerk of Co cil
S /,0I1S0'-; !?epl/t9s1 ;;t;m "JA;? v'~ I. ~e r
r-
it
\...,
1
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SEWER LINE REIMBURSEMENT
CLOSING STATEMENT
PROJECT: NEW SEWER FACILITIES
INDIAN RUN MEADOW PROPERTY
r PARTIES: DUBLIN DEVELOPER
THE VILLAGE OF DUBLIN JOHN W. KESSLER, TRUSTEE
L
DATE: May 24, 1982
CONTRACT
REFERENCE: Sewer Line Agreement by and among Dublin
and Developer dated August 5, 1981
AMOUNT TO BE REIMBURSED PURSUANT
TO SEWER LINE AGREEMENT $45,000.00
LESS: 1REDUCTION OF
REIMBURSEMENT AMOUNT $14,000.00
TOTAL REDUCTIONS $14,000.00
NET DUE TO DEVELOPER FROM DUBLIN $31,000.00
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1As a result of various cost savings realized by Developer
in construction of the New Sewer Facilities, and notwithstanding
Developer's entitlement to the total sum of $45,000.00 pursuant
to the express terms and conditions of the Sewer Line Agreement
dated August 5, 1981, Developer has elected to proportionately
abate the reimbursement amount.
IN WITNESS WHEREOF, Dublin and Developer have caused
this Closing Statement to be duly executed by their respective
authorized representatives as of this 24th day of May, 1982.
VILLAGE OF DUBLIN, OHIO
BY: ,J(~~4!/~ ~~ fA). \~~- .
ITS: 1I1/IVe /1q 11 u.yp/' HN W. KESSLER, TRUSTEE
r
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. _ 7-2-81
~ ~ ~~I i
!'+~ \
THIS AGREEMENT, made and entered into this day
r of AUG-, 1981, by and among THE VILLAGE OF DUBLIN, OHIO, an
'~ Ohio municipal corporation classified as a village (hereinafter
called "Dublin"), and JOHN ~'l. KESSLER, TRUSTEE, an individual
residing in Ohio, (hereinafter called "Developer");
WITNESSETH:
~~EREAS, Developer owns legal title to and intends to
cause to be developed a certain tract of land totalling approxi-
mately 200 acres situated in the Village of Dublin, Franklin
County, Ohio, and located in the general vicinity of Post and
Avery Roads in Dublin, which tract of land is known as Indian
Run Meadow and is hereinafter referred to as the "Developer's
Property"; and
~ WHEREAS, Developer is presently in the process of
\. finalizing its designs for the sanitary sewer improvements to
be constructed upon Developer's Property; and
WHEREAS, the existing Dublin sanitary sewer along Post
Road has its terminus on Developer's Property, having been ex-
tended to that point by Developer and others pursuant to a cer-
tain Sewer Line Agreement between Dublin, Developer and others
dated November 10, 1980; and
WHEREAS, Dublin desires that said sanitary sewer line
be extended by construction of a 2l-inch sanitary sewer line
across Developer's Property to a new terminus at Avery Road in
order to serve property owners and provide for further development
~ west of Avery Road; and
lr WHEREAS, Developer's plans provide for the construction
of a sanitary sewer line consisting of approximately 422 feet of
l5-inch pipe and 2019 feet of 10-inch pipe extending from the
terminus on Developer's Property of the existing 2l-inch sanitary
sewer line across Developer's Property in a general westerly
direction to a point near Avery Road (hereinafter called
.
,
"Developer's Proposed Line"), and Developer's engineers have
determined that a 2l-inch sanitary sewer line is far in excess
of that required to service Developer's Property; and
WHEREAS, Developer is willing to incorporate into its
r
, design and to construct a 2l-inch sanitary sewer line and related
\... facilities extending from the existing terminus of the sewer line
on Developer's Property .across Developer's Property to a point on
the west boundary of the Developer's Property coincident with the
Avery Road east right-of-way line (hereinafter called the "New
Sewer Facilities") and to do so at a time earlier than the time
Developer had intended to commence the development of Developer's
Property, and thereafter to convey title to the New Sewer Facili-
ties to Dublin and to grant to Dublin an easement for said facili-
ties if, upon completion of the New Sewer Facilities, the conveyance
of title thereto and the granting of said easement, Dublin is willing
to pay to the Developer $45,000 of the difference between the costs
r to Developer of constructing the New Sewer Facilities and the costs
.
~ which Developer would have incurred had Developer constructed De-
veloper's Proposed Line, which difference has been estimated by
Developer's engineers to be $65,000; and
WHEREAS, in order to induce Developer to construct the
New Sewer Facilities and to do so at..-a time earlier than the time
Developer had intended to commence the development of Developer's
Property, Dublin is willing to pay to Developer $45,000 of such
difference in costs;
NOW, THEREFORE, in consideration of the foregoing and
the covenants and agreements hereinafter set forth, Dublin and
Developer do hereby agree as follows:
C 1. Developer shall arrange, contract for and cause to
be done such engineering and construction work as shall be neces-
sary in order to design and construct the New Sewer Facilities.
The plans and specifications for the New Sewer Facilities shall be
subject to the review and approval of the Dublin Engineer and shall
be presented to him by the Developer for such review within sixty
(60) days following the date of this agreement. Such review shall
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be expeditiously conducted and such approval shall not be un-
.
reasonably withheld.
2. Developer shall cause construction of the New Sewer
r Facilities to be commenced within thirty (30) days following the
, Dublin Engineer's final approval of the design plans for the New
~ Sewer Facilities and such construction to be prosecuted to com-
pletion in a timely manner, subject to delays over which Developer
shall have no control.
3. Upon completion of construction of the New Sewer
Facilities and acceptance thereof by Dublin, Developer shall
convey to Dublin title to the New Sewer Facilities and shall
grant to Dublin certain permanent easements across Developer's
Property for ingress and egress to and from the New Sewer Facili-
ties and for the repair, maintenance and replacement thereof, as
follows:
A permanent easement approximately
r twenty (20) feet in width and approxi-
, mately 2441 feet for the entire length
~ of the New Sewer Facilities from its
existing terminus to the west boundary
of Developer's Property.
Certification by the Dublin Engineer that the New Sewer Facili-
ties have been constructed in accordance with the Plans and the
Specifications shall constitute an acceptance thereof by Dublin.
- -- -
Upon delivery of the instruments conveying title to the New Sewer
Facilities and granting the easements, the title to the New Sewer
Facilities shall be vested in Dublin and the same shall thereupon
be and become a part of Dublin's sewer facilities. Within five
(5) days after the delivery of such instruments to Dublin, Dublin
shall pay to Developer the sum of $45,000 in cash. After acceptance
of the New Sewer Facilities by Dublin, Developer shall have no lia-
( bility or responsibility whatsoever in connection therewith, except
that Developer shall cause repairs to be made to the same necessi-
tated by defects in the original construction which appear within
a period of one (1) year following the date of such acceptance.
Developer's 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 acceptable
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to Dublin, said bond or letter of credit to be in an amount equal
to ten percent (10%) of the cost of the New Sewer Facilities.
Notwithstanding anything in this Paragraph 3 to the contrary and
r further notwithstanding that Developer shall convey to Dublin
, title to the New Sewer Facilities, at all times prior to and
'-' after the conveyance to Dublin of title to the New Sewer Facili-
ties, Dublin shall not impose upon Developer and Developer shall
not incur charges for taps or other charges for access to or use
of the New Sewer Facilities in excess of those charges which
Developer would have incurred had Developer constructed Developer's
Proposed Line rather than the New Sewer Facilities. Dublin does
- ----- -
hereby aqree that the water and sewer surcharge capacity fees
-
provided for in Ordinance No. 81-80, passed May 18, 1981, were
--- ---....
not intended to be applicable, and do not apply, to Developer's
- ---
Property, and to the extent that such fees might have literal
'-
application to Developer's Property pursuant to the provisions
r of said Ordinance, the same are hereby waived.
.
'--' 4. Dublin hereby grants to Developer and such agents
and contractors as Developer may engage in construction of the
New Sewer Facilities the right to enter upon the right-of-way
of Avery Road for the purpose of constructing the New Sewer
Facilities. - - -
5. At any time during the period of construction of
the New Sewer Facilities and for a period of one (1) year after
acceptance thereof by Dublin as hereinbefore provided, Dublin
may, during normal business hours and through its duly authorized
agents, attorneys or accountants, examine the books and records
of Developer pertaining to the costs incurred by Developer in the
r construction of the New Sewer Facilities.
.
\., 6. Developer shall cause its agents and the contrac-
tors and subcontractors engaged in construction of the New Sewer
Facilities to comply with the Workers' Compensation Law of the
State of Ohio and shall indemnify and hold harmless Dublin from
any and all claims, demands, actions or liabilities arising out
of personal injury, death or property damage resulting from
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the construction work performed or caused to be performed by
Developer pursuant to this agreement.
IN WITNESS WHEREOF, the parties hereto have caused
r 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 JOHN W. KESSLER, TRUSTEE
By {1Ti7, ~ By ~d~
nil.hhO j ~/'...../
. MAYOR HAL W. FIELD, AGENT
/jt~rMANI1:I/~ D EVE LOP E R
By
DUB L I N
APP AS TO FORM:
//
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CERTIFICATION OF DIRECTOR OF
FINANCE
I do hereby certify that the money required to meet the
obligations of the Village of Dublin,_ Ohio unqer the foregoing
agreement is in the treasury of the Village or is in the process
of collection thereto, has been appropriated by the Council of
the Village for such purpose and remains unencumbered.
AVj ,J s'f ~~ , 1981 \ ~J'fJ.~ <::V:----:J J,.; ~t ~
irector of Finance,
Village of Dublin, Ohio
C
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#
DEED OF EASEMENT
KNOW ALL ~~N BY THESE PRESENTS, that JOHN W. KESSLER,
TRUSTEE, an individual residing in Ohio (hereinafter called
r "Grantor") , in consideration of the sum of One Dollar ($1.00)
L and othe . good and valuable consideration to him paid by THE
VILLAGE OF DUBLIN, OHIO, an Ohio municipal corporation classi-
fied as a Village (hereinafter called "Dublin") , the receipt
and sufficiency of which are hereby acknowledged, and pursuant
to the ierms and conditions of a certain Sewer Line Agreement
(hereinafter called the "Sewer Line Agreement") made and
entered into the 5th day of August, 1981, by and among Grantor
and Dublin, does hereby GRANT, BARGAIN, SELL AND CONVEY unto
Dublin, its successors and assigns forever, a perpetual ease-
ment over, under, upon and through the hereinafter-described
strip of real property, for the purpose of constructing,
r repairing, replacing, maintaining, cleaning and using a sani-
. tary sewer and appurtenant works and connections, together with
,
'-' the right of access to such strip of land for said purposes,
said strip of land being more particularly bounded and des-
cribed as follows:
Si tuated in the State of Ohio, County of Franklin,
Village of Dublin, in Virginia Military Survey No. 3010:
Being a strip of land twenty ( 20 ) feet in width across a
portion of a 198.750 acre tract of land (198.718 acres by
recent survey) conveyed to John W. Kessler by deed of record
in Deed Book 3710, Page 1, Recorder's Office, Franklin
County, Ohio, the centerline of said strip being bounded and
described as follows:
r Beginning, for reference, at a point in the centerline
, of Post Road (60 feet wide), at a southeast corner of said
L
198.718 acre tract and at the southwest corner of an 11.714
acre tract of land conveyed to Ralph P. and Julia C. Halloran
by deed of record in Deed Book 2434, Page 638, Recorder's
Office, Franklin County, Ohio, said point being N 860 37' 00" E
~
a distance of 146.20 feet from a point at the intersection of
the centerline of Post Road with the centerline of Wilcox Road;
thence N 30 40' 16" W along a portion of an east line
of said 198.718 acre tract and along a portion of the west line
r of said 11.714 acre tract a distance of 30.00 feet to a point
. in the north right-of-way line of Post Road;
,
\w thence S 860 37' 00" W along the north right-of-way
line of Post Road and parallel with and 30.00 feet northerly by
perpendicular measurement from the centerline of Post Road and
from a south line of said 198.718 acre tract a distance of
14.28 feet to a point;
thence N 30 45' 58" W a distance of 285.88 feet to a
point at the true place of beginning of the easement centerline
herein intended to be described;
thence N 470 21' 57" W a distance of 235.13 feet to
a point;
r thence N 630 48' 17" W a distance of 359.78 feet to
. a point;
.
L thence S 490 47' 33" W a distance of 157.98 feet to
a point;
thence N 820 03' 45" W a distance of 310.70 feet to
a point;
thence N 510 21' 15" W a distance of 147.57 feet to
a point;
thence S 730 07' 11" W a distance of 263.49 feet to
a point;
thence S 880 49 ' 06" W a distance of 243.16 feet to
a point;
thence N 600 56' 52" W a distance of 205.12 feet to
r a point;
, thence N 700 21' 55" W a distance of 295.50 feet to
L
a point;
thence S 130 42' 03" W a distance of 152.42 feet to
a point;
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thence S 700 59 ' 49" W a distance of 62.68 feet to
a point in the centerline of Avery Road (60 feet wide), and
in a west line of said 198.718 acre tract, said point being
N 90 39 ' 00" E a distance of 83.40 feet from a point in the
centerline of the Avery Road bridge over South Fork of
r Indian Run and at the southwest corner of said 198.718 acre
L tract.
This Deed of Easement is executed and delivered by
Grantor and accepted by Dublin upon the express understanding,
condition and agreement that Dublin shall, to the extent
possible, after any construction, alteration, repair, replace-
ment, maintenance, cleaning or use of such sanitary sewer
and appurtenant works and connections is completed, restore
all property, including, without limitation, all property
belongil ig to Grantor, his successors and assigns, to the
condition such property was in prior to such construction,
alteration, repair, replacement, maintenance, cleaning or
r use, and shall reasonably compensate Grantor, his successors
.
, and assigns, for any property damaged or destroyed which
L cannot be restored to its condition prior to any such
construction, alteration, repair, replacement, maintenance,
cleaning or use; provided that, without the prior written
consent of Dublin to so locate or build, Dublin shall not be
liable for damage to any growing crops located on, or responsible
for the repair or reconstruction of any structure built on,
the easement area.
This Deed of Easement is executed and delivered
and the easement hereinbefore described is granted subj ect
to the terms and conditions of the Sewer Line Agreement
(which terms and conditions are hereby made a part hereof
r and by virtue of Dublin's acceptance of this Deed of Easement
.
L do survive the herein conveyance and delivery hereof), and
upon the following additional conditions, to wit:
1. Grantor shall have the right to continue to
use and enjoy fully the easement area hereinabove described,
subject to the rights of Dublin to utilize the same for the
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purposes herein specified and subject to all building,
construction, zoning and other similar ordinances of Dublin.
2. No special assessment to pay the direct cost,
or any portion thereof, of constructing said sanitary sewer
r and apptrtenant works and connections shall be made against
. Grantor, his successors or assigns, and no cost of any kind
,
'-' in connection with said sanitary sewer and appurtenant works
and connections shall accrue to or be chargeable against
Grantor, his successors and assigns, until and unless
applica~ion is made to use the same, at which time only such
normal and regular fees and charges for tapping and sewer
service as are charged by Dublin shall be due and payable.
Notwithstanding anything in this section 2 to the contrary,
the agreements and waivers of Dublin with respect to fees
and charges for access to or use of water or sanitary sewer
and appurtenant works and connections as set forth in Paragraph 3
r of the Sewer Line Agreement, including Dublin's specific
. waiver of the water and sewer surcharge capacity fees that
,
L are provided for in Ordinance No. 81-80 (passed May 18,
1981), shall remain in full force and effect and such fees
and charges shall not be chargeable with respect to, and do
not apply to, "Developers Property" (which term is used
herein as it is defined in the Sewer Line Agreement).
3. Subject to the payment of such normal and
regular fees and charges therefor as are charged by Dublin
(except such fees and charges which Dublin, either herein or
in the Sewer Line Agreement, has agreed not to charge and/or
has waived), Grantor, his successors and assigns, shall have
the right to receive from Dublin sewer service to serve the
r 198.718 acre tract of land owned by Grantor and referenced
,
L above and any future improvements made thereon and in
connection therewith, and Grantor, his successors and
assigns, shall have the right to make service taps into,
and, at his own expense, to construct and connect sub-trunk
line extensions, laterals and other lines into, the sewer
lines of Dublin.
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TO HAVE AND TO HOLD the above granted easement
unto Dublin, its successors and assigns forever, for the
uses and purposes hereinbefore mentioned.
IN WITNESS WHEREOF, Grantor has executed this Deed
of Easement this /~~day of '7Ld~y-- , 1982.
r /
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L Signed and acknowledged
~::C!)~ ~W.l~
N W. KESSLER, TRUSTEE
U/JtJ.j >(. yj~h~la~
STATE OF OHIO
COUNTY OF FRANKLIN, ss:
BEFORE ME, a Notary Public in and for said County,
personally appeared JOHN W. KESSLER, TRUSTEE, known to me to
be the p,rson described in and who executed the foregoing
Deed of Easement, who acknowledged the execution of the same
to be his voluntary act and deed for the uses and purposes
r therein mentioned.
\ IN TESTIMONY WHEREOF, I have hereu~o subscribed
m~name and affixed my official seal this to day of
L- _ l /JA4 ' 19 82 . /). fJ C.)
,/1.
(/
'\ j/2;f() ".~ Ii . c~
(J. Notarl;fublic
j'IVYlI, ,6 -;;(-?.Q
This instrument prepared by: Vo ry s , Sater, Seymour and Pease
52 East Gay Street
P.O. Box 1008
Columbus, Ohio 43216
("
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.. 7-2-81
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L~tesT feVrJltil1
1<..e5QL. ~ I ~- r /
SEWER LINE AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 1981, by and among THE VILLAGE OF DUBLIN, OHIO, an
r
~ Ohio municipal corporation classified as a village (hereinafter
called "Dublin"), and JOHN W. KESSLER, TRUSTEE, an individual
residing in Ohio, (hereinafter called "Developer");
WITNESSETH:
WHEREAS, Developer owns legal title to and intends to
cause to be developed a certain tract of land totalling approxi-
mately 200 acres situated .in the Village of Dublin, Franklin
County, Ohio, and located in the general vicinity of Post and
Avery Roads in Dublin, which tract of land is known as Indian
Run Meadow and is hereinafter referred to as the "Developer's
Property" ; and
rl WHEREAS, Developer is presently in the process of
I
~ finalizing its designs for the sanitary sewer improvements to
be constructed upon Developer's Property; and
WHEREAS, the existing Dublin sanitary sewer along Post
Road has its terminus on Developer's Property, having been ex-
tended to that point by Developer and others pursuant to a cer-
tain Sewer Line Agreement between Dublin, Developer and others
dated November 10, 1980 ; and
WHEREAS, Dublin desires that said sanitary sewer line
be extended by construction of a 21-inch sanitary sewer line
across Developer's Property toa new terminus at Avery Road in
order to serve property owners and provide for further development
f west of Avery Road; and
\.- WHEREAS, Developer's plans provide for the construction
of a sanitary sewer line consisting of approximately 422 feet of
IS-inch pipe and 2019 feet of 10-inch pipe extending from the
terminus on Developer's Property of the existing 21-inch sanitary
sewer line across Developer's Property in a general westerly
direction to a point near Avery Road (hereinafter called
.
~
"Developer's Proposed Line"), and Developer's engineers have
determined that a 21-inch sanitary sewer line is far in excess
of that required to service Developer's Property; and
WHEREAS, Developer is willing to incorporate into its
r design and to construct a 21-inch sanitary sewer line and related
'- facilities extending from the existing terminus of the sewer line
on Developer's Property across Developer's Property to a point on
the west boundary of the Developer's Property coincident with the
Avery Road east right-of-way line (hereinafter called the "New
Sewer Facilities") and to do so at a time earlier than the time
Developer had'intended to commence the development of Developer's
Property, and thereafter to convey title to the New Sewer Facili-
ties to Dublin and to grant to Dublin an easement for said facili-
ties if, upon completion of the New Sewer Facilities, the conveyance
of title thereto and the granting of said easement, Dublin is willing
to pay to the Developer $45,000 of the difference between the costs
r to Developer of constructing the New Sewer Facilities and the costs
'- which Developer would have incurred had Developer constructed De-
I veloper's Proposed Line, which difference has been estimated by
Developer's engineers to be $65,000: and
WHEREAS, in order to induce Developer to construct the
New Sewer Facilities and to do so at.-a time earlier than the time
Developer had intended to commence the development of Developer's
Property, Dublin is willing to pay to Developer $45,000 of such
difference in costs;
NOW, THEREFORE, in consideration of the foregoing and
the covenants and agreements hereinafter set forth, Dublin and
Developer do hereby agree as follows:
r- 1. Developer shall arrange, contract for and cause to
\.... be done such engineering and construction work as shall be neces-
sary in order to design and construct the New Sewer Facilities.
The plans and specifications for the New Sewer Facilities shall be
subject to the review and approval of the Dublin Engineer and shall
be presented to him by the Developer for such review within sixty
(60) days following the date of this agreement. Such review shall
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be expeditiously conducted and such approval shall not be un-
.
reasonably withheld.
2. Developer shall cause construction of the New Sewer
Facilities to be commenced within thirty (30) days following the
r' Dublin Engineer's final approval of the design plans for the New
'- Sewer Facilities and such construction to be prosecuted to com-
pletion in a timely manner, subject to delays over which Developer
shall have no control.
3. Upon completion of construction of the New Sewer
Facilities and acceptance thereof by Dublin, Developer shall
convey to Dublin title to the New Sewer Facilities and shall
grant to Dublin certain permanent easements across Developer's
Property for ingress and egress to and from the New Sewer Facili-
ties and for the repair, maintenance and replacement thereof, as
follows:
A permanent easement approximately
twenty (20 ) feet in width and approxi-
r mately 2441 feet for the entire length
of the New Sewer Facilities from its
\. existing terminus to the west boundary
of Developer's Property.
Certification by the Dublin Engineer that the New Sewer Facili-
ties have been constructed in accordance with the Plans and the
Specifications shall constitute an acceptance thereof by Dublin.
.- . . ---. -
Upon delivery of the instruments conveying title to the New Sewer
Facilities and granting the easements, the title to the New Sewer
Facilities shall be vested in Dublin and the same shall thereupon
be and become a part of Dublin's sewer facilities. ~7i thin five
(5) days after the delivery of such instruments to Dublin, Dublin
shall pay to Developer the sum of $45,000 in cash. After acceptance
of the New Sewer Facilities by Dublin, Developer shall have no lia-
r bility or responsibility whatsoever in connection therewith, except
~ that Developer shall cause repairs to be made to the same necessi-
tated by defects in the original construction which appear within
a period of one (1) year fOllowing the date of such acceptance.
Developer's 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 acceptable
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,
,
to Dublin, said bond or letter of credit to be in an amount equal
to ten percent (10%) of the cost of the New Sewer Facilities.
Notwithstanding anything in this Paragraph 3 to the contrary and
further notwithstanding that Developer shall convey to Dublin
,... title to the New Sewer Facilities, at all times prior to and
"- after the conveyance to Dublin of title to the New Sewer Facili-
ties, Dublin shall not impose upon Developer and Developer shall
not incur charges for taps or other charges for access to or use
of the New Sewer Facilities in excess of those charges which
Developer would have incurred had Developer constructed Developer's
Proposed Line rather than the New Sewer Facilities. Dublin does
hereby agree that the water and sewer surcharge capacity fees
provided for in Ordinance No. Bl- BO , passed May IB, 19B1, were
not intended to be applicable, and do not apply, to Developer's
Property, and to the extent that such fees might have literal
application to Developer's Property pursuant to the provisions
r of said Ordinance, the same are hereby waived.
\.- 4. Dublin hereby grants to Developer and such agents
and contractors as Developer may engage in construction of the
New Sewer Facilities the right to enter upon the right-of-way
of Avery Road for the purpose of constructing the New Sewer
Facilities. - - -
5. At any time during the period of construction of
the New Sewer Facilities and for a period of one (1) year after
acceptance thereof by Dublin as hereinbefore provided, Dublin
may, during normal business hours and through its duly authorized
agents, attorneys or accountants, examine the books and records
of Developer pertaining to the costs incurred by Developer in the
r construction of the New Sewer Facilities.
\... 6. Developer shall cause its agents and the contrac-
tors and subcontractors engaged in construction of the New Sewer
Facilities to comply with the Workers' Compensation Law of the
State of Ohio and shall indemnify and hold harmless Dublin from
any and all claims, demands, actions or liabilities arising out
of personal injury, death or property damage resulting from
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.
.
.
.
.
,
the construction work performed or caused to be performed by
Developer pursuant to this agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by their duly authorized officials
r or agents as of the day and year first above written.
\.,
VILLAGE OF DUBLIN, OHIO JOHN W. KESSLER, TRUSTEE
By {!CI-7't.~,~ lJ-'44,t < "- By
MAY'OR HAL W. FIELD, AGENT
D EVE LOP E R
By
CITY MANAGER
DUB L I N
APPROVED AS TO FORM:
By
r LAW DIRECTOR
'-'
CERTIFICATION OF DIRECTOR OF
FINANCE
I do hereby certify that the money required to meet the
obligations of the Village of Dublin, Ohio under the foregoing
agreement is in the treasury of the Village or is in the process
of collection thereto, has been appropriated by the Council of
the Village for such purpose and remains unencumbered.
, 1981
Director of Finance,
Village of Dublin, Ohio
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PROPOSED SEWER LINE AGREEMENT
THIS AGREEMENT, made and entered into this day
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of , 1981, by and among THE VILLAGE OF DUBLIN, OHIO, an
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Ohio municipal corporation classified as a Village (hereinafter
""... called "Dublin"), and JOHN W. KESSLER, TRUSTEE, an individual
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~ residing in Ohio, (hereinafter called "Developer") ;
WITNESSETH:
WHEREAS, Developer owns and intends to develop a
certain tract of land totalling approximately 200 acres situated
in the Village of Dublin, Franklin County, Ohio, and located in
the general vicinity of Post Road between Avery and Coffman Roads
in Dublin, wh i ch tract of land is known as Indian Run Meadows,
and is hereinafter referred to as the "Developer's Property" ; and
\'lHEREAS, Developer is presently in the process of
finalizing its designs for the sanitary sewer improvements to be
,...... constructed upon Developer's Property; and
~ WHEREAS, the ex i sting Dublin sanitary sewer along Post
Road has its terminus on Developer's Property, having been ex-
tend e d to that point by Developer and others pursuant to a
certain Sewer Line Agreement between Dublin, Developer and others
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I da ted on November 10, 1980; and
WHEREAS, Dublin desires that said sanitary sewer line
be extended by construction of a 21 inch sanitary sewer line
across the Developer's Property to a new terminus on Avery Road
in order to serve property owners and provide for further de-
velopment west of Avery Road: and
WHEREAS, Developer's plans provide for the construction
f""'" of a sanitary sewer line consisting of approximately 422 feet of
'-' 15 inch pipe and 2019 fee t of 10 inch pipe from the existing
terminus on Developer's Property to a point on the boundary of
Developer's Property with Avery Road (hereinafter "Developers
Proposed Line"), and Developer's engineers have determined that a
21 inch sanitary sewer line is far in excess of that required to
service Developer's Property; and
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WHEREAS, Developer is willing to incorporate into its
design and to construct a 21 inch sanitary sewer line across
Developer's Property to a terminus on the west side of the
Developer's Property and to thereafter convey title to such sewer
line to Dublin and to grant to Dublin an easement for said line
r'" if, upon completion, conveyance of title and grant of said
'-' easement, Dublin is willing to pay the difference between the
cost to Developer of the 21 inch sanitary sewer pipe and the
costa for sanitary sewer pipe which Developer would have incurred
had Developer constructed Developer's Proposed Line; and
WHEREAS, in order to provide for further development
and service to property owners west of Avery Road, Dublin is
willing to pay to Developer the difference be tween the cost to
Developer of the 21 inch sanitary sewer pipe and the costs for
sanitary sewer pipe which Developer would have incurred had
Developer constructed Developer's Proposed Line.
NOW, THEREFORE, in consideration of the foregoing and
r the covenants and agreements hereinafter set forth Dublin and
\...- Developer do hereby agree as follows:
l. Developer shall arrange, contract for and cause to
be done such engineering and construction work as shall be neces-
sary in order to design and construct a 21 inch sewer line and
related facilities from the existing terminus of such sewer line
on Developer's Property to a point on the west boundary of
Developer's Property (hereinafter called the "New Sewer Facili-
ties") . The plans and specifications for the New Sewer Facili-
ties shall be subject to the review and approval of the Dublin
Engineer. Such review shall be expeditiously conducted and such
approval shall not be unreasonably withheld.
2. Developer shall cause construction of the New
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Sewer Facilities to be commenced within one hundred eighty (180)
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days following the Dublin Engineer's final approval of the design
plans for the New Sewer Facility.
3 . Prior to the commencement of such construction,
Developer shall have prepa red by c. F. Bird and R. J. Bull, L td . ,
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at the expense of Developer, certain cost estimates which shall
establish (a) the amount that Developer would have had to pay to
others in connection with the purchase of sanitary sewer pipe for
construction of Developer's Proposed Line (hereinafter called the
"Developer's Proposed Pipe Cost") and (b) the amount that
,"-'" Developer will pay to others in connection with the purchase of
\.... sanitary sewer pipe for construction of the New Sewer Facilities
(hereinafter called the "New Sewer Facilities Pipe Cost").
4 . Upon completion of construction of the New Sewer
Facilities and acceptance thereof by Dublin, Developer shall
convey to Dublin title to the New Sewer Facilities and shall
grant to Dublin certain permanent easements across Developer's
Property for ingress and egress to and from the New Sewer Facili-
ties and for the repair maintenance and replacement thereof, as
follows:
(a) A permanent easement approximately
twenty (20) feet in width and approxi-
ffia tel y 2441 feet for the entire length
of the New Sewer Facilities from its
r existing terminus to the west boundary
of Developer's Property.
~ Certification by the Dublin Engineer that the New Sewer Facili-
ties have been constructed in accordance with the Plans and the
Specifications shall constitute an acceptance thereof by Dublin,
and, upon delivery of the instruments conveying title, the title
to the New Sewer Facilities shall be vested in Dublin and the
same shall thereupon be and become a part of Dublin's sewer fa-
cilities. After acceptance of the New Sewer Facilities by
Dublin, Developer shall have no liability or responsibility what-
soever in connection therewith, except that Developer shall cause
repairs to be made to the same necessitated by defects in the
original construction which appear within a period of one (1)
I"" year following the date of such acceptance. Developer's obli-
'-' ga t ion to make repa i rs shall be secured by a performance bond
furnished by a surety acceptable to Dublin or a letter of credit
issued by a banking institution 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 Sewer Facilities.
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Notwithstanding anything in this Paragraph 4 to the contrary and
further notwithstanding that Developer shall convey to Dublin
title to the New Sewer Facilities, at all times prior to and
after the conveyance to Dublin of title to the New Sewer
Facilities, Dublin shall not impose upon Developer and Developer
r shall not incur charges for taps or other charges for access to
~ or use of the New Sewer Facilities in excess of those charges
which Developer would have incurred had Developer constructed
Developer's Proposed Line.
5. As consideration for the construction of a sani-
tary sewer line substantially larger than required and initially
planned by Developer, the conveyance to Dublin of title to the
New Sewer Facilities and the granting to Dublin of the easements
as provided in Paragraph 4 hereof, Dublin shall reimburse to
Developer an amount equal to the difference between the New Sewer
Facilities Pipe Cost and the Developer's Proposed Pipe Cost
(hereinafter called "Dublin's Cost", the amount of which Dublin's
r Cost Dublin and Developer herein acknowledge to be $ . )
\.. Reimbursement of Dublin's Cost by Dublin to Developer shall be
made in full upon acceptance by Dublin of the New Sewer
Facilities and the transfer of title thereto by Developer to
Dublin.
6. Dublin hereby grants to Developer and such agents
and contractors as Developer may engage in construction of the
New Sewer Facilities the righ t to enter upon the right of way of
Post Road and Avery Road for the purpose of constructing the New
Sewer Facilities.
7. At any time during the period of construction of
the New Sewer Facilities and for a period of one ( 1 ) year after
acceptance thereof by Dublin as hereinbefore provided, Dublin
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\.r may, during normal business hours and through its duly authorized
agents, attorneys or accountants, examine the books and record s
of Developer pertaining to the costs incurred by Developer in
purchasing pipe for the construction of the New Se\ve r
Facilities.
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8 . Developer shall cause its agents and the contrac-
tors and subcontractors engaged in construction of the New Sewer
Facilities to comply with the vvorkers' Compensation Law of the
State of Ohio and shall indemnify and hold harmless Dublin from
any and all claims, demands, actions or liabilities arising out
,... of personal injury, death or property damage resulting from the
\. construction work performed or caused to be performed by
Developer pursuant to this agreement.
IN WITNESS WHEREOF, the parties hereto have caused 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 JOHN W. KESSLER, TRUSTEE
By {b~A--A/ t)~1L/ By'
MAYOR HAL W. FIELD, AGENT
By D EVE LOP E R
CITY MANAGER
r DUB L I N
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APPROVED AS TO FORM:
By
VILLAGE SOLICITOR
CERTIFICATION OF DIRECTOR OF
FINANCE
I do hereby certify that the money required to meet the
obligations of the Village of Dublin, Ohio under the foregoing
agreement is in the treasury of the Village or is in the process
of collection thereto, has been appropriated by the Council of
the Village for such purpose and remains unencumbered.
, 1981
Director of Finance,
Village of Dublin, Ohio
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