17-81 Resolution
.}. 1 I' RECORD OF RESOLUTIONS 251
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National Graphics Corp., Cols., O. ~ ~I Form No. 6233-A
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Resolution NO.___nL1._-n2L _______n_ P assedn ___ n__________ m_n_n __ ____n____________19________
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER
INTO A WATERLINE PAYBACK AGREEMENT WITH SHEREX CHEMICAL
C COMPANY.
WHERAS, the Sherex Chemical Company is requesting a payback agreement
and;
WHEREAS, Council has determined that said payback agreement is accept-
able;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin,
State of Ohio, 7 of the members elected thereto concurring:
SECTION 1. That the Village Manager is hereby authorized and directed
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.
Passed this I pfL day of j11ay , 1981.
0 &~~</ ~A<:-
Mayor-presiding Officer
ATTEST:
tJt1 m. ~pt4/
Clerk of: uncil
Sf'OI1Stlr': Re <put?s! yom S te rex
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WATER LINE EXTENSIO~ AGREE~mNT
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THt~ l.f"'l'l~lt 1.t.Nt~ t':~'rt~N~U'ON Nmn~t-mN'~" (h~\'fS,tl\*,q.",f. \'~",r~ff::fi~ h\ f\~
("Agreement") made effective this /SJ~ day of I1A'1 . i, fl.
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by and between the VILLAGE OF DUBLIN, OHIO, a municipal corporation,
hereinafter referred to as "Dublin" and SIlEREX CHENICAL. COHPANY, INC., I
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an Ohio corporation hereinafter referred to as "Sherex",' pursuant to ... \
-K.".I. ..,..,~,. I i~J, day of f1'~(
f" ..ordia~nee duly passed by "Dublin" on the ,
'- 19 9"1 . ,
WITNESSETH:
WHEREAS, Sherex Chemical Company, Inc. has purchased a tract of real
property on Frantz Road, DubliI\, Ohio, for the! purpose of erecting a
corporate headquarters containing approximately 101M square feet of floor
space to house a laboratory and adm:i.nistrZ'.tive offices; and
HHEREAS, the above tract is nm" served by 8\-later main in part installed
and pc1:i.d for by Shere!x; and
~,jHEREAS, Dublin and Sherex desire to reach an agreement for cOI:\pensation
to Sherex for the expense to Shercx of providing \"ater facilities to senre t.he
sai.d tract;
,., NOH, n~Er.Er!'ORE, Dublin :m<l Shere:,:, in conslderat ion of th~ covenAnts
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and agreements herein contained. agree as follows:
1. Dublin agreed to allow Sherex, or its age~ts, to construct and
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. connect a new water main from Longbranch Drive southerly along
Frantz Road to South Rings Road.
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2. Sherex has privately constructed. at its own cost and expenge a
'Water main project known as "12" l~aterline in Frantz Rd.", in .
accord~nce with detailed plans and specificatlon~, which w~re
submitted by She~ex and approved by Dublin and the City of
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Colvmbus, Ohio.
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After the projec;.t had been completed and approved by the Dublin Vll-
la~n l~,,~h'''''''L', lotio ""tAlt" VI''''nlo1 "~\\\'''\I~t.\t'hH; ,~.,,,..t\ ~ \',t1Htor t'\t
Completion to Sherex on Se.ptember 30, ..19 ($0. Upon issuance of
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the 1.etter of Completion, the water lines and other appurtenances
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thereupon became the property of, and title ~ediately vested in
Dublin, or its successors or assigns. '.
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r t. . Sherex has furnished a certified stateme.nt to Dublin itemizing the
\r- 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 ~l7ater main, together with final, as built
plans.
5. Sherex hereby agrees to. be respon31ble for all maintenance of said
water line during the first year, said year to begin on the effective
date of the Letter of Completion, referred to in paragraph 3 above.
Sherex shall not, hmo/ever, be r',,:sf:.ons:tble for any repairs made necessary
by the extension or use of the subject water line by someone other than
Sherex.
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6. D~blin granted. pe'C'!'!ission t.o ~herex and its agents to lay, construct
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and maintain the proposed water line in any public rights-of-way,
public places or public easements, including the. right to extend said
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water line under any paved or improved surfaces,. all in accordance with -
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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
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and agents against any and all liability, judgments, suits, costs,
d~rnage9, claims or expenses which may accrue against Dublin, its of-
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fleers and a~ents ilt'tt:onc;equence of injuries or damages occurring
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2/17/81
Revised 1./13/81
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to any person or property occasioned by or growing out of the con-
struction of the project herein authorized.
8. Dublin will hereafter assess all property owners abuttiUg said water-
line who request permission to tap a service connect;l.on to said water-
line. This assessment will be at the rate of $16.00 per front foot
r" of property abutting the waterline, and will be in addition to any
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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 s~ch 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 tlle term.
IN tlITNESS WHEREOF, the parties hereto have set their hands effective
the date and year first aforesaid.
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By: .J
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.' SIIERl!X ~~AL COMPANY, INC. . ~tf/
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By' ~~a~
. (I} 8 ~lIlill )
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