03-84 Ordinance
" RECORD OF ORDINANCES 113
~~----'-_..'-- Form No. 2806-A
National Graphics Corp.. Cols.. O. ~
Ordinance No.. 03-84 Passed__ __..__.". __m m. .__19.__
--------------
AN ORDINANCE AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE MANAGER TO ENTER INTO A
WATER LINE AGREEMENT WITH THE LLEWELLYN
FARM DEVELOPERS, SECTION I.
WHEREAS, the Llewellyn Farms developers have constructed an oversized Water
line to provide for future extensions to provide for further development and
service to property owners west of the Llewellyn tract, and;
WHEREAS, an Agreement for payback for said oversizing has been prepared for
Council consideration;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State
of Ohio, 1 of the elected members concurring:
SECTION 1. That the Mayor and Village Manager are hereby authorized and di-
rected to execute an agreement with said Llewellyn Farm developers per the
conditions of said agreement hereto attached and marked as Exhibit "A".
SECTION 2. That this Ordinance shall take effect and be in force from and
after the earliest period allowed by law.
Passed this 02;et' day of ~L""z.A_A-~ ' 1984
-
ATTEST:
II ~vd.-[L--,--J
- ~,,{.R~u' ~-? fit-
Cl rk of Counci
I hereby certify that copies of this Ordinance/Resolutirn
Sponsor: Village ~'1anager were poered in ih; of DclJlin in accordance with
Section 731.2'~ of ti18 G:~;J Coda.
/'"
"-ftt?~[/./Y> 7;J. a~~~
C ark of Council .
"P c.t '<' \J\( ~ > N \) -, tJ~.- ~ ~
" "
,ex',"",1- /I
WATER LINE AGREEMENT
THIS AGREEMENT, made and entered into this I day 0 f
rn j.'} R.. ell , 1984, by and among THE VILLAGE OF DUBLIN, OHIO,
an Ohio municipal corporation classified as a Village (hereinafter called
"Dublin"), PLANNED COMMUNITIES REAL TY-LLEWELL YN, a partnership (herein-
after called "Developer"), and LLEWELLYN FARMS, LTD., an Ohio limited
partnership (hereinafter called "Llewellyn").
WITNESSETH:
WHEREAS, Developer owns and is developing a certain tract of land
totalling approximately 20.901 acres situated in the Village of Dublin,
Franklin County, Ohio, located in the general vicinity of Frantz Road
between Rings and Tuttle Roads in Dublin, which tract of land is known as
the LLEWELLYN FARMS SECTION I SUBDIVISION and is hereinafter referred to as
"Llewellyn Farms Section I"; and
WHEREAS, Developer is in the process of constructing the water line
and related improvements upon a portion of the 125.867 acres owned by
Llewellyn; and
VIHEREAS, said water line improvements will serve the properties owned
by Developer and Llewellyn; and
WHEREAS, Dublin desires that said water line be sized in order to serve
additional property owners and provide for further development of the Village;
and
WHEREAS, Developer's plans would require the construction of a water
line consisting of approximately 2788 feet of 12 inch pipe from the existing
terminus on Tuttle Road to a point on the boundary of Rings Road and Dublin
Road (hereinafter "Developer's Proposed Line"), and Developer's
engineers have determined that a 16 inch water line is far in excess of that
required to service Developer's and Llewellyn's Property; and
WHEREAS, Developer is willing to construct a 16 inch water line across
Llewellyn's Property to a terminus on the Northeast side of Developer's Property
and to cause the conveyance of title to such water line to Dublin and
cause the granting to Dublin of an easement for said line if, upon construction
completion of said line, conveyance of title and grant of said easement,
Dublin is willing to pay the difference between the cost to Developer of the
16 inch pipe and the costs for the 12 inch 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 north and west of Dublin Road, Dublin is willing to pay to
Developer the difference between the cost to Developer of the 16 inch water
pipe and the costs for 12 inch water pipe which Developer would have incurred
had Developer constructed Developer's Proposed Line.
NOW,THEREFORE, in consideration of the foregoing and the covenants and
agreements hereinafter set forth, the parties hereby agree as follows:
1 . Developer shall arrange, contract for and cause to be done such
engineering and construction work as shall be necessary in order to design
and construct a 16 inch water line and related facilities from the existing
terminus of such water line on Dublin and Tuttle Road to a point on the north-
east boundary of Developer's Property (hereinafter called the "New Water
Facili ties").
2. Developer shall have prepared by C. F. Bird and R. J. Bull, L td. ,
at the expense of Developer, certain cost estimates which shall establish (8)
the amount that Developer would have had to pay to others in connection with
the purchase of water 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 water
pipe for construction of the New Water Facilities (hereinafter called the
"New \~ater Facilities Pipe Cost").
3. Upon completion of construction of the New Water Facilities and
acceptance thereof by Dublin, Llewellyn and Developer shall convey to Dublin
title to the New Water Facilities and shall grant to Dublin certain permanent
easements across Llewellyn's and Developer's Property for ingress and egress
-2-
to and from the New Water Facilities and for the repair, maintenance and
replacement thereof, as follows:
(a) A permanent easement approximately twenty (20)
feet in width and approximately 2788 feet for the
entire length of the New Water Facilities to its
existing terminus to the northeast boundary of
Developer's Property.
Certification by the Dublin Engineer that the New Water Facilities have been
constructed in accordance with the Plans and Specifications shall constitute
an acceptance thereof by Dublin, and, upon delivery of the instruments con-
veying title, the title to the New Water Facilities shall be vested in Dublin
and the same shall thereupon be and oecome a part of Dublin's water facilities.
After acceptance of the New Water Facilities by Dublin, Llewellyn and Developer
shall have no liability or responsibility whatsoever 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)
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 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 Water Facilities. Notwithstanding
anything in this Paragraph 3 to the contrary and further notwithstanding that
Llewellyn and Developer shall convey to Dublin title to the New Water Facilities,
at all times prior to and after the conveyance to Dublin of title to the New
Water Facilities, Dublin shall not impose upon Developer or Llewellyn and
Developer and Llewellyn shall not incur charges to taps or other charges for
access to or use of the New Water ~acilities in excess of those charges which
Developer and Llewellyn would have incurred had Developer constructed Developer's
Proposed Line.
4. As consideration for the construction of a water line substantially
larger than required and initially planned by Developer, the conveyance to
Dublin of title to the New Water Facilities and the granting to Dublln of
the easements as provided in Paragraph 3 hereof, Dublin agrees to reimburse
to Developer an amount equal to the difference between the New Water Facilities
-3-
)
Pipe Cost and the Developer's Proposed Pipe Cost (hereinafter called
"Dublin's Cost", the amount of which Dublin's Cost Dublin and Developer
herein acknowledge to be $23,635.80). Reimbursement of Dublin's Cost by
Dublin to Developer shall be made after the transfer of title thereto by
Llewellyn and Developer to Dublin and shall be paid or credited to Developer
as follows:
(a) from all Dublin water tap fees received by Dublin and which
are attributable to this water line serving the Llewellyn
Farms development, Section I.
(b) from all Dublin water tap fees received by Dublin from develop-
ments in the tributary area which are directly served by this
water line.
These payments shall be made only as funds become available but, in any event,
no- more often than semi-annually. Such payments shall continue until Developer
has been reimbursed in full or, for a period of twelve (12) years, whichever
Comes first and, in the event that Dublin does not receive sufficient tap fees
to reimburse the Developer within this twelve (12) year period, Dublin shall
have no further obligation to reimburse Developer from any other fund or funds.
5. At any time during the period of construction of the New Water 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 purchasing pipe for the
construction of the New Water Facilities.
6. Developer shall cause its agents and the contractors and subcontractors
engaged in construction at the New Water 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 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.
-4-
. .
VILLAGE OF DUBLIN, OHIO DEVELOPER:
~ ~ ~ . PLANNED COt1MUNITIES REALTY-
by . n.e.. .i f7./) LLEWELL YN
ayor
by ~ li-J,IJ~ ~L~ J~~
' V llage Manager Partne 1. .
2: ~
.... C-. .~'. c:::.... /1
Gy-... c. :::;. C. ? :f' tlV'
/ -----. rtner
DUBLIN
LLEWELLYN FARMS, LTD.
,-' ~
- Vi~lage A[ orn _ by ~ Ii !~L
C~ ~,..-}9~ General Partner)
-5-