023-90 Ordinance
.
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
, 23-90 Passed____ ____________ _________ _______19
Ordznance No.__ ____________
AN ORDINANCE AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
ENTER INTO A WATER AND SEWER-
LINE AGREEMENT WITH DBS DEVELOP-
MENT COMPANY
WHEREAS, DBS owns and is developing a certain tract of land totalling
approximately 8.663 acres situated in Washington Township, Franklin
County, Ohio and located on the west side of the relocated Eiterman
Road, south of S.R. 161; and
WHEREAS, D BS is present in the process of constructing sanitary and water
lines to serve said property; and
WHEREAS, Dublin desires that said sanitary and waterlines be sized to
provide for further development; and
WHEREAS, in order to provide for the future development and service to
other property owners, Dublin is willing to pay DBS the difference
between the cost to DBS of the 8" sanitary sewerline and the cost of
the 15" sanitary sewerline which Dublin desires, the cost of which is
$10,120.00; and
WHEREAS, in order to provide for future development and service to other
property owners, Dublin is willing to pay DBS the difference between the
cost to DBS of a 12" waterline and the cost of a 16" waterline which
Dublin desires, the cost of which is $29,825.00. Further, the parties
hereto acknowledge that Dublin City Council has already authorized pay-
ment to DBS of the sum of $12,000.00 to be applied toward the waterline
costs; and
WHEREAS, the parties hereby agree that the total oversize cost for the
sanitary and waterlines, less the $12,000.00 reimbursement to DBS
previously approved by Council is $27,945.00.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 7 of the elected members concurring:
Section 1. That the City Manager is hereby authorized and directed to
execute an agreement entitled "Water and Sewerline Agreement" with said
DBS Development Company pursuant to the conditions of said agreement
attached hereto and incorporated herein 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 16th day of April , 1990.
J, Frances M. Urban C!erk of Counr:l herP.hy certify thot the
fore oin is a true copy of O~;Jinan:e/~~ N':l nn 23-90
duly adopted by the Council of the (ilj of D:Mn, 0:1:0, on the 16th
day of April t 199 .
Attest: Y)d~lja 7lJ.{bk-r/
/lCferk of Council, Dublin, Ohio
J~-</ ~ ~~
Clerk of Co nci 1 hereby certify that copies of this Ord:nan(e/lfu~ul"I:11n :/~re pO,sted ;n t;lG
n" ~t I')"hl'n in accordance w:th Section 731.25 of the OHIO R~vl~~d Code.
-f~~~
Clerk of Council, Dubl n, OhlQ . ..'-i.J"~' /..,. ~
EXHIBIT "A"
WATER AND SEWERLINE AGREEMENT
This Agreement entered into this / t/"" day of
~ , 1990, by and among the City of Dublin, Ohio, an
Ohio Municipal Corporation (hereinafter "Dublin"), and DBS
Development Company, an Ohio General Partnership (hereinafter
called "DBS").
WITNESSETH:
WHEREAS, DBS owns and is developing a certain tract of land
totalling approximately 8.663 acres situated in Washington
Township, Franklin County, Ohio and located on the west side of
the relocated Eiterman Road, south of S. R. 161; and
WHEREAS, DBS is presently in the process of constructing
sanitary and water lines to serve said property; and
WHEREAS, Dublin desires that said sanitary and water lines
be sized in order to provide for further development; and
WHEREAS, in order to provide for the future development and
service to other property owners, Dublin is willing to pay DBS
the difference between the cost to DBS of the 8" sanitary sewer
line and the cost of the 15" sanitary sewer line which Dublin
desires, the cost of which is $10,120.00; and
WHEREAS, in order to provide for future development and
service to other property owners, Dublin is willing to pay DBS
the difference between the cost to DBS of a 12" water line and
the cost of 16" water line which Dublin desires, the cost of
which is $29,825.00. Further, the parties hereto acknowledge
that Dublin City Council has already authorized payment to DBS of
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the sum of $12,000.00 to be applied toward the water line costs;
and
WHEREAS, the parties hereby agree that the total oversize
cost for the sanitary and water lines, less the $12,000.00
reimbursement to DBS previously approved by Council is
$27,945.00.
NOW, THEREFORE, in consideration of the foregoing covenants
and agreements hereinafter set forth, the parties hereby agree as
follows:
( 1 ) DBS shall arrange, contract or cause to be done such
engineering and construction work as shall be necessary in order
to design and construct a fifteen inch sanitary sewerline
facility and a sixteen inch waterline facility pursuant to the
plans prepared by Bird & Bull Engineering and previously approved
by the Dublin city Engineer, (hereinafter called the "new"
water/sewer facility).
( 2 ) Upon completion of construction and acceptance thereof
by Dublin, DBS shall convey to Dublin title to the new
water/sewer facility. In addition, DBS shall grant to Dublin a
sanitary sewer easement and water line easement, copies of which
are attached hereto as Exhibits "A" and "B", respectively.
Certification by the Dublin City Engineer that the new
water/sewer facility has been constructed in accordance with the
Plans and Specifications set forth in Paragraph (1) herein, shall
constitute an acceptance thereof by DUblin, and upon
certification, the title to the new water/sewer facility shall be
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vested in Dublin and the same shall thereupon be and become part
of Dublin's water and sewer facilities. After acceptance of the
new water/sewer facility by Dublin, DBS shall have no further
liability or responsibility in connection therewith, except that
DBS 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 acceptance. Further, DBS
shall post a bond, letter of credit, certified check or cash in a
form and amount approved by the law director to serve as a
maintenance bond to remain in effect for this one year period.
( 3 ) As consideration for the construction of a
water/sanitary sewer line substantially larger than required and
initially planned by DBS, the conveyance to Dublin of title of
the new water/sewer facility and the granting to Dublin of the
aforementioned easements as provided in paragraph 3 hereof,
Dublin hereby agrees to reimburse DBS the sum of $27,945.00, to
be paid by Dublin in one lump sum, with said payment to be made
three ( 3) years following certification by the Dublin City
Engineer that the new water/sewer facility has been constructed
in accordance with the plans and specifications previously
referenced herein.
(4 ) DBS shall cause its agents and the contractors and
subcontractors engaged in construction of the new water/sewer
facility to comply with the Worker's Compensation Law of the
state of Ohio and shall indemnify and hold Dublin harmless from
any and all claims, demands, actions, or liabilities arising out
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.
of personal injury, death or property damage resulting from the
construction work performed or cause to be performed by DBS
pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have cause this
Agreement to be executed by their duly authorized officials or
agents as of the day and year first written hereon.
DBS DEVELOPMENT COMPANY, CITY OF DUBLIN, OHIO
an oqio General Partne ship .
by: W by: ~~
CITY MANA ER
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