069-94 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance N 0 .__m6_9~_9.4___m__ Passed.__m____ u__m_m_m_____ m__m______m19_______
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO ENTER INTO A SEWER LINE REIMBURSEMENT
_.~ AGREEMENT WITH THE SHAWNEE HILLS LAND COMPANY
'" WHEREAS, the city of Dublin has received and accepted a
proposal from the Shawnee Hills Land Company to install a
twenty-four (24) inch and an eighteen (18) inch sewer line at
its expense subject to a reimbursement agreement established
by the City; and
WHEREAS, properties within the entire sewer tributary area
established in the attached agreement will eventually also be
serviced by the proposed sewer lines; and
WHEREAS, Council agrees that the reimbursement agreement,
attached hereto as Exhibit" A" is acceptable in order to
provide sewer service to this area, will reimburse the Shawnee
Hills Land Company and provides for a reimbursement whereby
the city can recoup its previous $200,000 contribution
thereto.
NOW, THEREFORE, BE IT ORDAINE~ by the Council of the City of
Dublin, State of Ohio, ~ of the elected members
concurring that:
section 1. The City Manager is hereby authorized to enter
_ into the agreement attached hereto as Exhibit "A" entitled
Shawnee Hills Land Company Sanitary Sewer Line Reimbursement
Agreement.
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section 2. That the form of said agreement shall be
subject to the final approval of the Law Director.
section 3. That this Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
Passed this /~-fh. day of ~ ,1994.
Ma
ATTEST:
~~~
Clerk of Council
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SHAWNEE HILLS LAND COMPANY
SANITARY SEWER LINE REIMBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1994, by and among THE CITY OF DUBLIN, OHIO,
an Ohio municipal corporation (hereinafter called "Dublin" or
"""",
"City"), and SHAWNEE HILLS LAND COMPANY, an Ohio corporation,
(hereinafter called "Developer").
WITNESSETH:
WHEREAS, Developer will install a sanitary trunk .sewer to
serve certain tracts of - land totalling approximately 410 acres
situated in the City of Dublin, in Franklin County, and in Union
County, Ohio, as more particularly described in "Exhibit A "
,
attached hereto and made a part hereof and hereinafter referred to
as the "Reimbursement District"; and
WHEREAS, Dublin intends to have sewer service provided to
a large portion of the community.
WHEREAS, the Developer is in the process of finalizing a
,""
design for sanitary sewer improvements to be constructed in public
rights-of-way and private easements as shown on "Exhibit A" (the
"New Sewer Facilities"), attached hereto and made a part hereof,
and Dublin's Master Sewer Plan specifies that said sanitary sewer
lines be 24 and 18 inch diameter sanitary sewer truck lines in
order to serve the Reimbursement District and other property
contiguous thereto, as well as other property in the entire
MHBIKAAI107527
035505.173
Rev: July 28, 1994
1
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tributary area which will be served via future trunk sewer trunk
extensions from this facility; and
WHEREAS, the Developer plans to provide for the extension
of the sanitary sewer line via installation of approximately
lineal feet of 24 inch pipe, and feet of 18
inch pipes; and
_0'~ifi WHEREAS, the extensions of the 24 inch and 18 inch
sanitary sewer lines are necessary for the development of the
Reimbursement District as set forth in "Exhibit A"; and
..
WHEREAS, in order to assist the Developer in recouping
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its costs, the City is willing to establish a Reimbursement
District, as a mechanism whereby the Developer may be reimbursed
for a portion of its total sanitary sewer construction costs, over
a 10 year period, with the total reimbursement not to exceed the
sum of .
NOW THEREFORE, in consideration of the foregoing and of
the covenants and agreements hereinafter set forth, Dublin and
- Developer do 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 the New Sewer
Facilities. Developer has caused Bauer, Davidson & Merchant, Inc.
to prepare design plans for the New Sewer Facilities, which plans
shall be approved by the Dublin Engineer. As of the date hereof,
Developer has solicited bids from at least three responsible
MHBlKAA/107527
035505.173
Rev: July 28, 1994
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contractors for the construction work to be done by Developer in
accordance with the provisions of Paragraph 1 hereof and will
shortly award contracts for such construction work to the lowest
and best bidder or bidders as determined by Developer, and subject
to prior review and approval by Dublin.
-" 2 . Upon completion of construction of the New Sewer
........' Facilities, certification of all construction related costs,
approved change orders, etc. , and acceptance thereof by Dublin,
Developer shall convey to Dublin title to the New Sewer Facilities
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and shall grant to Dublin any permanent easements required by the
.
City for ingress and egress to and from the New Sewer Facilities
and for repair, maintenance and replacement thereof as may be
necessary. certification by the Dublin Engineer that the New Sewer
Facilities have been constructed in accordance with the approved
Plans and that the documents conveying easements are adequate to
meet the city's needs shall constitute an acceptance thereof by
Dublin, and, upon delivery of the instruments conveying title and
necessary easements, the title to the New Sewer Facilities shall be
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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, 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.
MHBlKAAl107527
035505.173
Rev: July 28, 1994
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Developer's obligation to make repairs shall be secured by a
maintenance bond furnished by a surety 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.
3. As consideration for conveyance to Dublin of the
~ title to the New Sewer' Facilities, Dublin shall assist the
,,,.,... Developer in obtaining an amount equal to its costs for
constructing the New Sewer Facility. This reimbursement shall
hereinafter be referred to as "Developer's Costs." sa.id costs
shall be computed based upon the certification of the final costs
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for those items identified in "Exhibit B" attached hereto and made
a part hereof. The per acre fee shall be established by dividing
all eligible "Developer Costs" by the 410 acres contained in the
Reimbursement District.
4. In order to recover the cost to be reimbursed to the
Developer, Dublin will impose a Cost Recovery Fee which shall be
payable by owners of property within the Reimbursement District
which directly benefit from the New Sewer Facilities as provided in
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section 6 below. Further, Dublin shall recover its $200,000
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contribution paid previously to certain downstream property owners
to pay for the cost of constructing the 24 inch sanitary sewer
trunk line under Muirfield Drive from said Cost Recovery fee.
Proceeds from this Cost Recovery Fee shall be withheld by the City
as reimbursement for said $200,000 contribution.
MHBIKAAI 1 07527
035505.173
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5. It is specifically acknowledged by the Developer and
Dublin that the contract construction cost of $ and
all other calculations relating thereto, do not incorporate the
cost of any land acquisition. Further, it is specifically agreed
by the Developer that in the event any real estate acquisition is
necessary, this will be at the sole and exclusive cost of the
Developer which shall not be subject to reimbursement by Dublin.
6. Dublin shall impose the Cost Recovery Fee upon
properties within the Reimbursement District ( "Exhibi t A"J either
upon approval by the City of the final subdivision plat or issuance
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of a building permit, at the discretion of the city. The actual
amount of Developer's Cost to be recovered shall be in accordance
with the final cost certification relative to the elements
estimated in "Exhibit B" and shall include the direct cost of
construction of the New Sewer Facilities, which direct cost shall
include without limitation, construction cost, on site supervision,
engineering costs, survey work, inspection and shall exclude items
which would generally be considered to be a Developer's overhead
expense in accordance with generally accepted accounting
principles. Additionally, any such direct costs shall exclude the
cost of real estate acquisition necessary to complete the New Sewer
Facilities. Further, this Cost Recovery Fee (and the city's
$200,000 recoupment described in section 4) shall be increased as
to each parcel within Cost Recovery District by five percent (5%)
per year from the date the New Sewer Facility is completed and
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accepted by Dublin until such time as the Developer's Cost Recovery
Fee (including the city's $200,000 payment) has been recovered as
to' each parcel within said district.
7. It is specifically agreed and understood that in
addition to Dublin's normal and customary tap-in fee and sewer
charges in place at the' time, Dublin shall retain the first
$200,000 of the Cost Recovery Fee as reimbursement for its
contribution toward the Muirfield Drive sewer underpass as set
forth in paragraph 4 herein. ..
8. This agreement, as relates solely to Dublin
.
collecting the Cost Recovery Fee on behalf of the Developer, from
the benefitted properties within the Reimbursement District, shall,
by its own terms, expire either ten (10) years from the date this
Agreement is executed or upon the Developer having received the
full amount of the Developer's Cost as set forth in "Exhibit B,"
whichever occurs first. As such, the Developer specifically
acknowledges that there is no guaranty that it will recover the
full amount of its recoverable costs. Further, the Developer
acknowledges that the sole source of recovery from Dublin shall be
- from the Developer's Cost
Recovery Fee. Payments of such
Developer's Costs collected by Dublin shall be paid to the
Developer quarterly during the term of this Agreement. until such
time as the Developer shall have received the payments to which it
is entitled pursuant to the provisions herein, Dublin agrees that
it will establish and maintain a separate account, that it will
MHBIKAAI 1 07527
035505.173
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deposit therein all Cost Recovery Fees collected pursuant hereto,
and that it will make payments to the Developer therefrom in
accordance with the foregoing provisions. After all such payments
have been made to the Developer, or upon the expiration of this
Agreement, the Developer agrees to execute and deliver to Dublin a
full, final and complete release to the effect that all monies due
to the Developer pursuant to this Agreement have been paid.
9. This Agreement is not assignable or transferrable.
It is also hereby acknowledged that Dublin's obligation to make
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payments to the Developer pursuant shall be terminated immediately
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in the event that the Shawnee Hills Land Company, an Ohio
corporation terminates its corporate status or otherwise goes out
of existence.
10. During the period of construction of the New Sewer
Facilities and for a period of one (1) year after acceptance
thereof by Dublin as herein provided, Dublin may, upon reasonable
written notice, during normal business hours and through its duly
authorized agents, attorneys or accounts, examine the books and
records of Developer and its agents pertaining to the costs
- incurred by the Developer and the cost of the New Sewer Facilities.
11. Developer shall cause its agents and the contractors
and the subcontractors engaged in construction of the New Sewer
Facilities 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 of
MHB/KAA/I07527
035505.173
Rev: July 28, 1994
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personal injury, death or property damage resulting from
construction work performed or caused to be performed by Developer
pursuant to this Agreement.
witnesses: CITY OF DUBLIN
By:
Timothy C. Hansley, City Manager
witnesses: SHAWNEE HILLS LAND COMPANY
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By:
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Its:
MHBIKAAII07527
035505.173
Rev: July 28, 1994
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REIMBURSEMENT DISTRICT FOR SHAWNEE HILLS
LAND CO. SEWER IMPROVEMENTS
LEGEND:
REIMBURSEMENT AREA
~In:_O!-PUBUN NE\rJ SE\rJER FACILITIES
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