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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-