04-84 Ordinance
RECORD OF ORDINANCES 115
---~-_._- Form No. 2806-A
National Graphics Corp" Cols., O. ~
Ordinance No.... 04-84 Passed.... ....... ,,19.
------------ -----------
AN ORDINANCE AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE MANAGER TO ENTER
INTO A SEWER LINE AGREEMENT WITH THE
LLEWELLYN FARM DEVELOPERS, SECTION I.
WHEREAS, the Llewellyn Farm developers have constructed an oversized Sewer
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, J 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 ".}I /~ day of J~y , 1984
/'
ATTEST:
~? '- ~
. /tfl-?Z,{j!KJ ~. /~--?'~
C erk of Coun 1
Sponsor: Village fV1anager
I hereby certify that copies of this Ordinance/Resolutir n
were po:.tcd in t!,e , d D;;~I:r1 in accordance With
Section jl:~1..25 ct f;2 O;;~J R2;~;j~8~.J L0~e.
/J '/ L.-1./cC'.L-r-./
Jl:l'l'U L~' Y/j
Clerl\ of Council
, "
~ '1: t, ';r /1"
SEWER LINE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1984, by and among THE VILLAGE OF DUBLIN, OHIO, an
Ohio municipal corporation classified as a Village (hereinafter called
"Dublin"), and MUL nCON BUILDERS, INC., an Ohio corporation (hereinafter
called "Mul ticon"), PLANNED COHMUNITIES REAL TY-LLEWELL YN, a partnership
(hereinafter called "Planned Communi ti es"), and LLEWELLYN FARMS, L TO. ,
an Ohio limited partnership (hereinafter called "Llewellyn"), with Multicon
and Planned Communities sometimes collectively referred to herein as the
"Developers" ;
WITNESSETH:
WHEREAS, Planned Communities owns and is developing a certain tract of
land totalling approximately 20.901 acres situated in the Village of Dublin,
Franklin County, Ohio, and 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, Multicon is presently in the process of constructing the
sanitary sewer line and related improvements upon a portion of the 125.867
acres owned by Llewellyn; and
WHEREAS, said sanitary sewer improvements will serve the properties
owned by Planned Communities and Llewellyn; and
WHEREAS, Dublin desires that said sanitary sewer line be sized in
order to serve the property owners and provide for further development west
of Frantz Road; and
WHEREAS, Hulticon1s and Planned Communities' plans would require the
construction of a sanitary sewer line consisting of approximately 2269 feet
of 10 inch pipe from the existing terminus on Frantz Road (at the Sherex
office building) to a point on the boundary of Planned Communities' and
Llewellyn's Property wi th Dublin Road (hereinafter "Developers' Proposed
Line"), and Developers' engineers have determined that a 21 inch sanitary sewer
line is far in excess of that required to service Planned Communities' and
Llewellyn's Property; and
WHEREAS, Multicon is willing to construct a 21 inch sanitary sewer line
across Llewellyn's Property to a terminus on the east side of Planned
Communi ti es ' Property and to cause the conveyance of title to such sewer 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 Multicon of the 21 inch sanitary sewer pipe and the costs for sanitary
sewer pipe which Multicon would have incurred had Multicon constructed
Developers' Proposed Line; and
WHEREAS, in order to provide for further development and service to
property owners west of Frantz Road, Dublin is willing to pay to Multicon the
difference between the cost to Multicon of the 21 inch sanitary sewer pipe
and the costs for sanitary sewer pipe which Multicon would have incurred had
Multicon constructed Developers' Proposed Line.
Nm~~ THEREFORE, in consideration of the foregoing and the covenants and
agreements hereinafter set forth, the parties hereby agree as follows:
1 . Multicon 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 21 inch sewer line and related facilities from the existing terminus
of such sewer line on Frantz Road to a point on the east boundary of Planned
Communi ti es ' Property (hereinafter called the "New Sewer Facilities").
2. Multicon shall have prepared by C. F. Bird and R. J. Bull, L td. ,
at the expense of Mul ticon, certain cost estimates which shall establish (a)
the amount that Multicon would have had to pay to others in connection with
the purchase of sanitary sewer pipe for construction of Developers' Proposed
Line (hereinafter called the "Developers' Proposed Pipe Cost") and (b) the
amount that Multicon 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 Facili ties Pipe Cost").
-2-
-
3. Upon completion of construction of the New Sewer Facilities and
acceptance thereof by Dublin, Llewellyn and Developers convey to Dublin title
to the New Sewer Facilities and shall grant to Dublin certain permanent ease-
ments across Llewellyn's and Planned Communities' Property for ingress and
egress to and from the New Sewer Facilities and for the repair, maintenance
and replacement thereof, as follows:
(a) A permanent easement aprroximately twenty ( 20) feet in
width and approximately 2269 feet for the entire length
of the New Sewer Facilities from its existing terminus
to the west boundary of Llewellyn's Property.
Certification by the Dublin Engineer that the New Sewer 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-
vey i ng ti tl e, the title to the New Sewer Facilities ahll be vested in Dublin
and the same shall thereupon be and become a part of Dublin's sewer facilities.
After acceptance of the New Sewer Facilities by Dublin, Llewellyn and Developers
shall have no liabili ty or responsibili ty whatsoever in connection therevli th,
except that Developers 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. Developers' 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 Sewer Facilities.
Notwithstanding anything in this ParaC)raph 3 to the contrary and further not-
withstanding that Llewellyn and Planned Communities shall convey to Dublin
title to the New Sewer Facilities, at all times prior to and after the con-
veyance to Dublin of title to the New Sewer Facilities, Dublin shall not impose
upon Planned Co~nunities or Llewellyn and Planned Communities and Llewellyn
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 Planned Communities and
Llewellyn would have incurred had Multicon constructed Developers' Proposed
Line.
-3-
4. As consideration for the construction of a sanitary sewer line
substantially larger than required and initially planned by Developers, the
conveyance to Dublin of title to the New Sewer Facilities and the granting
to Dublin of the easements as provided in Paragraph 3 hereof, Dublin shall
reimburse to Multicon an amount equal to the difference between the New Sewer
Facilities Pipe Cost and the Developers' Proposed Pipe Cost (hereinafter
called "Dublin's Cost", the amount of which Dublin's Cost Dublin and Developers
herein acknowledge to be $57,686.95). Reimbursement of Dublin's Cost by Dublin
to Multicon shall be made after the transfer of title thereto by Llewellyn and
Planned Communities to Dublin and shall be paid or credited to Multicon as
follO\'ls:
(a) from all Dublin sewer tap fees received by Dublin and which
are attributable to this sewer line serving the Llewellyn
Farms Development-Multicon Builders, Inc., Section I.
(b) from all Dublin sewer taD fees received by Dublin from develop-
,
ments in the tributary area which are directly served by this
sewer 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 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 Multicon pertaining to the costs incurred by Multicon in purchasing
pipe for construction of the New Sewer Facilities.
6. Multicon shall cause its agents and the contractors 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
-4-
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 Developers 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 MULTICON BUILDERS, INC.
by (}~~~ by
(Title)
Ma r
by "b~
DUBLIN PLANNED COMMUNI TIES REAL TV - '_LEWELLYN
by
(Partner)
. by
(Title)
LLEWELLYN FARMS, LTD.
by
(General Partner)
-5-
~~Y ~.\( 4. ~ tJ '7 ~1-~~
~ "
E'1:t,/,'r J'JII
SEWER LINE AGREEMENT
THIS AGREEMENT, made and entered into this I day 0 f
n'} it Ie. c/I , 1984, by and among THE VILLAGE OF DUBLIN, OHIO, an
Ohio municipal corporation classified as a Village (hereinafter called
lIDublin"), and MULTICON BUILDERS, INC. , an Ohio corporation (hereinafter
called "Multicon"), PLANNED COt~MUNITIES REALTY-LLEWELLYN, a partnership
(hereinafter called "Planned Communities"), and LLEWELLYN FARHS, L TO.,
an Ohio limited partnership (hereinafter called "Llewellyn"), with t-1ulticon
and Planned Communities sometimes collectively referred to herein as the
"Developers" ;
I'll TNESSETH:
WHEREAS, Planned Communities owns and is developing a certain tract of
land totalling approximately 20.901 acres situated in the Village of Duhlin,
Franklin County, Ohio, and located in the general vicinity of Frantz Road
Detween Rings and Tuttle Roads in Dublin, which tract of land is known as
the LLEWELLYN FARHS SECTION I SUBDIVISION and is hereinafter referred to as
"Llel'lellyn Farms Section I"; and
WHEREAS, Multicon is presently in the process of constructing the
sanitary sewer line and related i~Jrovements upon a portion of the 125.867
acres owned by Llewellyn; and
WHEREAS, sai d sani ta ry sewer improvements will serve the properties
owned by Planned Communities and Llewellyn; and
','jHEHEAS, Dublin desires that said sanitary sewer line be sized in
order to serve the property owners and provide for further development west
of Frantz Road; and
WHEREAS, Hulticon's and Planned Communities' plans would require the
construction of a sani tary sewer line consisting of approximately 2269 feet
of 10 inch pipe from the existing terminus on Frantz Road (at the Sherex
office building) to a point on the boundary of Planned Communities' and
Ll ewellyn I s Property wi th Dublin Road (hereina fter "Developers' Proposed
Line"), and Developers' engineers have determined that a 21 inch sanitary sewer
line is far in excess of that required to service Planned Communities' and
Llewellyn's Property; and
WHEREAS, Multicon is willing to construct a 21 inch sanitary sewer line
across Llewellyn's Property to a terminus on the east side of Planned
Communi ti es' Property and to cause the conveyance of title to such sewer line
if, upon construction corrpletion of said line, conveyance of ti tle and grant
of said easement, Dublin is willing to pay the difference between the cost
to Multicon of the 21 inch sanitary sewer pipe and the costs for sanitary
sewer pipe which Multicon would have incurred had Multicon constructed
Developers' Proposed Line; and
WHEREAS, in order to provide for further development and service to
property owners west of Frantz Road, Dublin is willing to pay to Multicon the
difference between the cost to Multicon of the 21 inch sanitary sewer pipe
and the costs for sanitary sewer pipe which Multicon would have incurred had
Multicon constructed Developers' Proposed Li ne.
Nm~. THEREFORE, in consideration of the foregoing and the covenants and
agreements hereinafter set forth, the parties hereby agree as follows:
1 . Multicon 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 21 inch sewer line and related facilities from the existing terminus
of such sewer line on Frantz Road to a point on the east boundary of Planned
Communi ti es' Prop erty (hereinafter called the "New Sewer Facili ties").
.~ Mul ticon shall have prepared by C. F. Bi rd and R. J. Bull, L td. ,
L. at the expense of Multicon, certain cost estimates which shall establish (a)
the amount that Multicon would have had to pay to others in connection with
the purchase of sanitary sewer pipe for construction of Developers' Proposed
Line (hereinafter called the "Developers' Proposed Pipe Cost") and (b) the
amount that Multicon will pay to others in connection with the purchase of
sanitary sewer pipe for construction of the New Sewer Facilities (hereinafter
called the "Nevi Sewer Facili ties Pipe Cost").
- 2-
3. Upon corrpletion of construction of the Nev.J Sewer Facilities and
ClCceptance thereof by Dublin, Llewellyn and Developers convey to Dublin title
to the New Sewer Facilities and shall grant to Dublin certain perManent ease-
ments across Llewellyn's and Planned Communities' Prop erty for ingress and
egress to and from the New Sewer Facilities and for the repair, maintenance
and replacement thereof, as foIIOl-,Js:
(a) A ~ermanent easement approximately twenty ( 20) feet in
width and approximately 2269 feet for the entire length
of the New Sewer Facilities from its existing terminus
to the viest bounda ry 0 f Ll ewellyn' s Property.
Certification by the Dublin Engineer that the New Sewer 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-
v ey i ng ti tl e , the title to the New Sewer Facilities ahll be vested in Dublin
and the same shall thereupon be and become a part of Dublin's sewer facilities.
After acceptance of the New Sewer Facilities by Dublin, Llewellyn and Developers
shall have no liability or responsibility whatsoever in connection therewith,
except that Developers 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. Developers' obligation to
make repairs shall be secured by a performance bond furnished by 8 surety
acceotable to Dublin or a letter of credit issued by a bankinu institution
0cceptable to Dublin, said bond or letter of credit to be in an amount equal to
ten percent ( 1 O?~ ) of the total cost of constructing the New Sewer Facilities.
Notwithstanding anything in this Paragraph 3 to the contrary and further not-
withstandinq that Llewellyn and Planned Communities shall convey to Dublin
title to the New Sewer Facilities, at all times prior to and after the con-
veyance to Dublin of title to the New Se\-,Jer Facilities, Dublin shall not impose
upon Planned Communities or Llewellyn and Planned Communities and Llewellyn
shall not incur ch3rq~s for ti1pS or other chiJrC)es for access to or use of the
New Sewer Facilities in excess of those charges which Planned Communities and
Llewellyn would have incurred had Multican constructed Developers' Proposed
Line.
-3-
4. As consideration for the construction of a sanitary sewer line
substantially larger than required and initially planned by Developers, the
conveyance to Dublin of title to the New Sewer Facilities and the granting
to Dublin of the easements as provided in Paragraph 3 hereof, Dublin shall
reimburse to Multicon an amount equal to the difference between the New Sewer
Facilities Pipe Cost and the Developers' Proposed Pipe Cost (hereinafter
called "Dublin's Cost", the amount of which Dublin's Cost Dublin and Developers
herein acknowledge to be $57,686.95). Reimbursement of Dublin's Cost by Dublin
to Multicon shall be made after the transfer of title thereto by Llewellyn and
Planned Communities to Dublin and shall be paid or credited to Multicon as
fall a\'IS:
(a) from all Dublin sewer tap fees received by Dublin and which
are attributable to this sewer line serving the Llewellyn
Farms Development-Multicon Builders, Inc., Section I.
(b) from all Dublin sewer taD fees received by Dublin from develop-
I
ments in the tributary area which are directly served by this
se\~er 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 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 Mul ticon pertaining to the costs incurred by Mul ticon in purchasing
pipe for construction of the New Sewer Facilities.
6. Multicon shall cause its agents and the contractors and subcontractors
enCJacJed in construction of the Ne\'/ Sewer Facilities to comply \'/ith the vlorkers'
Co~pensation Law of the State of Ohio and shall indemnify and hold harmless
-4-
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 Developers 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 MULTICON BUILDERS, INC.
by (}W~~fl<Y bY~1/. ~
Ma r Title
by ..,{ J-....
DUBLIN
by(" IA.'J S. ~ <;--;n?c. V{~
. ~-- (Title)
LLEWELLYN FARMS, LTD.
~H~J
by.,... . /7 IYt .. tII..A
General Partner)
-5-