80-91 Ordinance AMENDED
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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_ _ Ordinance N D'n 80-91 (Amended) Passedn nn_nn_nn n_~19~ - nl~__, en
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.- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER I
f INTO A SEWER AND WATER LINE EXTENSION AGREEMENT i
r WITH STEELE LAND COMPANY. i
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WHEREAS, the City of Dublin has received and accepted a I
proposal from the Steele Land Company to install a sixteen .
(16) inch water line and an eight (8) inch sewer line at its I
expense, subject to partial reimbursement by the City, along i
with a related payback agreement, and '
WHEREAS, contiguous and surrounding properties will be
serviced by the water line and to a lesser extent the sewer
line, I
WHEREAS, Council agrees that the payback agreement attached
hereto as Exhibit "A" is acceptable in order to provide sewer
and water service to this area and partially reimburse the
Steele Land Company for its expenses relative thereto.
NOW THEREFORE, BE IT ORDAINED by the Council of the city of
Dublin, State of Ohio, 7 of the elected members I
concurring that:
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SECTION 1. That the City Manager is hereby authorized to i
,"""" enter into the agreement attached hereto as Exhibit "A" \
. entitled Steele Land Company Water and Sanitary Sewer .
I......... Extension Agreement. 1
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SECTION 2. That the form of this agreement shall be subject I
to approval by the Law Director. !
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SECTION 3. That this Ordinance shall take effect and be
enforced from and after the earliest per~od allowed by law.
Passed this {,./CI.- day of ~ ' 1992. I
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ATTEST: I
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O/h/vrA- Q. ~ i
,- Clerk of Council !
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I heNby (If'tffy that copies of this QrdinancelRaselutien w~re ~sted in the
City of Dublin in accordance w1th Section 731.25 of the OhiO ReVIsed Code.
O/Vl~ rL, UI'-JA- i
Clerk of Council, Dublin, Ohio i
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WATEn AND SANITARY SEWER EXTENSION AGREEMENT
~ THIS AGREEMENT, made and entered into this ) ~ day of
May, 1992, by and between The City of Dublin, Ohio, an Ohio
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Municipal Corporation (hereinafter called "Dublin"), and steele
Land company, an Ohio corporation (hereinafter referred to as
"Developer") .
WITNESSETH:
WHEREAS, Developer is developing a certain tract of
land, totalling approximately 111.47 acres, situated in The City
of Dublin, Franklin county, Ohio, and located on the east side of
Cosgray Road, south of S.R, 161, (the "Developer's Property");
and
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WIlERF,^S, Developer has access to sanitary trunk sewer
and water along the northeastern edge of Developer's property
(the "Northeastern Access"); and
WHERt:'~S, in order to provide for future development and
to serve other property owners, Dublin and Developer agree that
Developer shall not utilize the Northeastern Access and instead
construct and extend the water line and the sanitary sewer line
as set forth bp.low; and
WHERE^S, Developer, in anticipation of partial
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reimbursement from Dublin as set forth below, is willing at
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Dublin's request to construct the Proposed Water Line and the
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proposed Trunk Sewer Line, as those terms are hereinafter
defined, to provlde for the future development of Dublin and to
serve Developer'S property; and
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WHEREAS, the existing water line currently terminates on
Post Road in the imme~iate vicinity of the Dublin water tower
(the "Existing Water Line"); and
1llIltIIli'~,-~
~-','i&-- WHEREAS, the extension to the Existing Water Line
beginning at the Dublin water tower on Post Road, continuing west
to cosgray Road, then continuing south along the east side of
Cosgray Road to the southwestern boundary of Developer's property
shall be referred to a~ the "proposed Water Line"; and
WHEREAS, it is the understanding of the parties that the
construction of the proposed Water Line shall be accomplished in
two phases; phBse I shall consist of the portion of the Proposed
water Line beginning at the Dublin water tower on Post Road,
continuing west to Cosgray Road, continuing south along the east
~~ side of Cosgray Road, to the northwestern boundary of Developer's
Property, and continuing approximately 1100 feet feet along the
!Mif.,.,.".,,A
western bound~ry of Devel.oper's Property (the "Phase I Water
Line") ; phase II shall consist of the portion of the Proposed
Water Line be~11nning nr the terminus of'the Phase I Water Line
and continuing to the southwestern boundary of Developer's
Property (the "Phase IT Water Line"); and
wHERr~S, that portion of the Proposed Water Line located
north of Devel~p~r's Froperty shall be referred to as the "Off-
Site Extension" and that portion of the Proposed Water Line
located on Developer's Property shall be referred to as the "On-
ftf"-,,-"'I: Site Extension"; and
'~lliiil..~_.,...
WHEREAS, a map hereinafter referred to ~s Exhibit "A",
attached hereto and incorporated herein, sets forth the Existing
Water Line; the proposed Water Line; the Phase I water Line; the
phase II Water Line; the Off-Site Extension; and the On-Site
Extension; and
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WHEREAS, the existing sanitary trunk sewer line (the
"Existing Trunk Sewer Line") currently terminates on property
owoed by Adria Laboratories (the "Adria Property"), and, as such,
....... must be brought to the Developer's Property; and
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WHEREAS, the extension of the Existing Trunk Sewer Line
located on the Adria property to Developer's northern property
line, a distance of approximately 2100 feet shall be referred to
as the "proposed Trunk Sewer Line"; and
WHEREAS, a m~p hereinafter referred to as Exhibit "8",
attached hereto and incorporated herein, sets forth the Existing
Trunk Sewer Ljnq and the Proposed Trunk Sewer Line; and
WHEREAS, Dublin desires that the phase I Water Line, the
-~~ phase II Waterline and the proposed Trunk Sewer Line be sized in
twi'f'o,)' order to provide for further development; and
WHERP,AS, the npveloper is willing to extend and oversize
the Phase I Water Lin~, the Phase II Waterline and the Proposed
Trunk Sewer Line in consideration of partial reimbursement by
Dublin; and
WHEREAS, Dublin City Code provides that water lines
larger than 12 inches in diameter are considered oversized lines,
entitling a developer to partial reimbursement; and
w..,':":>\'. WHEREAS, Dubltn desires that Developer construct a
sixteen (16) inch water line; and
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WHEREAS, pursuant to Chapter 929 of the Dublin City
Code, Dublin shall pay one-hundred and ten percent (110%) of the
difference in the cost of the pipe, fittings, and valves between
the installation of a twelve (12) inch water line and a sixteen
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( 16 ) inch water line, both as to the Off-Site Extension and On-
Site Extension portions of the proposed Water Line (the
"oversizing Costs"); and
""'"" WHEREAS, Dublin has agreed, subject to the provisions of
~ this Agreement and the receipt by Dublin of the charges and fees
set forth herein, to provide for reimbursement of one-hundred
percent (100%) of all of the construction costs (design, labor
and material), less the Oversizing Costs which are to be paid for
as provided for in the prp.cpding wheraas clause, for the Off-Site
Extension portion of the phase I Water Line, and fifty percent
(50%) of all of the construction costs (design, labor and
material), less the oversizing Costs which are to be paid for as
provided for in the preceding whereas clause, for the On-Site
Extension portion of the phase I Water Line and the Phase II
Water Line with such reimbursements to be made as set forth in
P',,'"''') this Agrrcment: Bnd
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WHERE,',S, the nxisting sanitary sewer line was not
extended across the Adria Property to the Developer's Property,
which will necessitate acquisition of access and utility
easements (the "Adria Easements"); and
WIJERP~~, Devploper is willing to utilize its best
efforts to obt~in the ^dria Easements and Dublin is willing to
assist Developer in obtaining the Adria Easements as necessary;
and
.-,. WHEREAS, in the event Developer is unable to obtain the
........ Adria Easements, Dublin, after reasonable negotiations with
Adria, shall promptly utilize its power of eminen~ domain if
necessary to acquire the Adria Easements; and
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WHEREAS, Dublin and Developer acknowledge that the
"quick-take" provisions of Ohio Revised Code Chapter 163 shall
not apply in the event that Dublin utilizes its power of eminent
- domain to acquir.e the Adria Easements; and
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WHEREAS, Dublin has agreed to provide for reimbursement
to Developer of one-hundred percent (100%) of all construction
costs (design, labor and material) to bring the proposed Trunk
Sewer Line from the Aorta property to oeveloper's northern
property line, a distance of approximately 2100 feet; and
WI IEREAS , reimbursement for the Proposed Trunk Sewer Line
shall be provided to the Developer as set forth herein; and
WHEREAS, a schedule of estimated costs and
..",..~ reimbursements for the phase I Water Line, the phase II Water
~ Line, and the proposed Trunk Sewer Line are set forth in Exhibit
C, attached hereto and incorporated herein.
NOW, TIIBREFORF:, in consideration of the foregoing, and
the mutual covenants spt forth herein, Dublin and the Developer
do hereby agree as follows:
I. Water Line Extension Provisions
A. rha~e I N"ter r.ine
1!I!lfi""'" The Developer shall solicit and submit at least
( 1 )
...~. three ( 3 ) bona fide construction bids to the Dublin City Engineer
for examination, review and approval, and shall c~use to be done
such engineering and construction work as shall be necessary in
order to design and construct a sixteen (16) inch water line,
along the route designated on Exhibit "A" as the phase I Water
Line. The plans and specifications for the phase I Water Line
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shall be subject to review and approval of the Dublin city
Engineer. The bids submitted by the Developer for the phase I
Water Line shall also include separate provisions quoting the
pipe, fittings and valves cost differences between a twelve (12 )
- inch water line and a sixteen (16) inch water line. Prior to
.,.,""' construction or Developer's execution thereof, Developer shall
also submit certified copies of any and all contracts and change
orders to the Dublin City Engineer for review and approval. The
construction bids, plans and specifications, contracts and change
orders shall collectively be referred to as the "Phase I Water
Line Contracts. II The Dublin City Engineer and the Dublin Law
Director shall review the phase I Water Line Contracts and
provide written notice to Developer of its disapproval with any.
of the Phase I Water Line Contracts within thirty (30) days after
receipt of same; otherwise the Phase I Water Line Contracts shall
be deemed approved.
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- ( 2 ) neveloppr shall commence construction of the phase
I Water Line within five ( 5 ) years from the date this Agreement
has been fully executed by the parties. Unless both parties
agree in writing to a mutually agreeable extension of time before
the expiration of the nbove-referenced commencement period,
failure of Developer to initiate construction within such
cownencement period sh~ll render this Agreement null and void,
Unless both parties agree in writing to a mutually
agreeable extension of time before the expiration of the
following one (1) year time period, Developer .shall complete
""',M construction of the phase I Water Line within one (1) year after
commencement of construction. In the event of a force majeure
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occurrence, including, but not limited to strikes, acts of God,
inability to obtain labor or materials, governmental
restrictions, enemy action, civil commotion, fire, unavoidable
casualty, or similar unforeseeable causes beyond the control of
Developer ("Force Majeure"), the phase I Water Line completion
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date ~hal1 be extenoA0 for a period of time equal to the sum of
the Force Majeure period plus thirty (30) days. Developer shall
notify Dublin in writing of any event of Force Majeure which
affects the one (1) year completion date, including the nature of
,....~ the Force Majeure event and the anticipated time delay.
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( 3 ) Upon completion of the Phase I Water Line
cooflt:.ruction, the Developer shall submit to the Dublin City
Engineer the exact and final costs supported by appropriate
invoices or rpcetpts (the "Phase I Water Line Costs") of said
construction, So long as the costs reflected in the Water Line
Contracts have been approved as set forth in Paragraph (1) above
and are suppor.ted by appropriate invoices or receipts, the final
phase I Water Line Costs shall be approved. Further, upon
completion and the Phase I Acceptance, as such term Is
hereinafter defjned, Developer shall convey to Dublin title to
the Phase I W~tpr Ljn~ and shall grant to Dublin mutually
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agreeable eas~ments within the existing public right of way ( the
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"Phase I Water ~ine F~sements") on the Developer's Property for
ingress and egress to and from the Phase I Water Line and for
repair, maintpnance and replacement thereof, as may be necessary;
provided, howeve r , the repair, maintenance and replacement
thereof should be accomplished exclusively within the existing or
reqlJ1red public rights of way and/or public easements.
It is tIle understanding of the parties that
construction of the Fhase I Water Line may be accomplished
exclusively within the existing or required public rights-of-way
.,,;, and/or public easements. Pursuant thereto, Dublin hereby grants
- permission to Developer and/or its contractors, subcontractors,
or agents to lay, construct, and maintain the P~ase I Water Line
in any public right-of-way, or appropriate public easement
(including the right to extend the phase I Water Line under any
paved or improved surface), all in accordance with the plans and
specifications approved by the Dublin City Engineer.
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( 4 ) Certification by the Dublin City Engineer that the
phase I Water Line has been constructed in accordance with the
approved plans and specifications shall constitute acceptance
-,~ thereof by Dublin (the "Phase I Acceptance"). Upon delivery of
- the instruments conveytng title to the phase I Water Line and
granting of the Water Line Easements, title to the phase I Water
Line shall transfer to Dublin and the same shall thereafter
become part of Dublin's water system.
( 5 ) After the phase I Acceptance the Developer shall
have no liability or responsibility as to repair, maintenance,
replacement or operation of the phase I Water Line except that
the Developer !'lh811 CAlIse rapairs to be made to the same
necessitated by defects in the original construction which appear
within one (1) year following the date of the phase I Acceptance.
1flIIIlll'~ The Developer's responsibility to make repairs shall be secured
by a mai~tenance bond furnished by a surety acceptable to the
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Dublin Law Director or a letter of credit issued by a banking
institution arrprt~bl~ to th~ Dublin Law Director. Said bond or
letter of creott shall be in an amount equal to ten percent (10%)
of the total cost of the phase I Water Line.
( 6 ) Upon completion of the Phase I Water Line, and
within thirty (30) days of certification of costs to Dublin and
the Phase I Acceptancn, Dublin shall pay to the Developer one
hundred and tpn percent (110%) of the phase I Water Line Over-
sizing Costs, as provined by Chapter 929 of the Dublin City Code.
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( 7 ) Dublin shall, subject to the provisions of this
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paragraph and the receipt by Dublin of the charg~s and fees set
forth herein, provide for reimbursement to the Developer of one
hundred percent (100%) of all of the construction costs (design,
labor and material) less the Oversizing Costs to be paid as
provided for in Paragraph 6 above, for the Off-Site Extension
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portion of the phase I water Line and fifty percent (50%) of all
of the construction costs (design, labor and material), less the
Oversizing Costs to be p~id RS provided for in Paragraph 6 above,
for the On-Site Extension of the phase I Water Line, hereinafter
~H".'~ collectively referred to as "Phase I Water Line Labor and
"'"", Materials." All reimbursements for phase I Water Line Labor and
Materials shall be reimbursed by Dublin to Developer ( i ) from a
special water surcharge capacity fee established by a separate
ordinance creating a special surcharge recoupment fee (the "Phase
I special Sur~h~rge FP~") p~r front foot for phase I Water Line
users abutting Developer's property; and ( i i) from the Dublin
portion of any water tnp-in fees for both on-site and off-site
phase I Water Line users. The Phase I Special Surcharge Fee
shall be calculated upon completion of the Phase I Water Line and
shall be approved by both Developer and Dublin. Dublin shall
waive all inspection fpes for the Phase I Water Line.
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Reimb~lrSl'>ment to Developer for phasa I Water LinA Labor
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and Materials ~hall be reimbursed by Dublin to the Developer on a
calendar quarterly basis commencing on the first day of the first
quarter after the phase I Acceptance and continuing on the first
day of each calendar qllarter thereafter until the earlier of the
twentieth (20th) onnivnrsary of the date title to the Phase I
Water Line is rransferr~d to Dublin by the Developer or when the
Developer has received full compensation pursuant to the terms
and provisions contained in this Agreement.
B. Phase II Water Line
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- ( 8 ) The DeveJoper shall solicit and submit at least
three ( 3 ) bona fide construction bids to the Dublin City Engineer
for examination, review and approval, and shall cause to be done
such engineering and construction work as shall be necessary in
order to design and construct a sixteen ( 16) inch water line,
along the route designated on Exhibit "A" as the Phase II Water
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Line. The plAn~ and specifications for the Phase II Water Line
shall be subject to review and approval of the Dublin City
Engineer. The bids slJbmltted by the Developer for the Phase II
Water Line shall also include separate provisions quoting the
~~-'~ pipe, fittings and valves cost differences between a twelve (12)
.'""' inch water line and a sixteen (16) inch water line. Prior to
construction or Developer's execution thereof, Developer shall
also submit certified copies of any and all contracts and change
orders to the Dublin City Engineer for review and approval. The
construction bids, plans and specifications, contracts and change
orders shall collectively be referred to as the "Phase II Water
Line Contracts," The Dublin City Engineer and the Dublin Law
Director shall rpview the Phase II Water Line Contracts and
provide written notice to Developer of its disapproval with any
of the Phase IT Water Line Contracts within thirty (30) days
after receipt of same: otherwise the phase II Water Line
-- Contracts shall be deemed approved.
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( 9 ) Developpr shall commence construction of the phase
II Water Line within tpn ( 10) years from the date this Agreement
has been fully execute~ by the parties. ' Failure of Developer to
initiate construction withjn such time period shall render this
Agreement, as it relates to the Phase II Water Line only, null
and void, provided that, both parties agree that the provisions
of this Agreement regarding the phase I Water Line and proposed
Trunk Sewer Line shall rpmain in effect as set forth in this
Agreement.
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Unless both parties agree in writing to a mutually
.~ agreeable extension of time before the expiration of the
following six (6) month time period, Developer shall complete
construction of the phase II Water Line within six (6) months
after commencement of construction. In the event of a Force
Majeure occurrence, the phase II Water Line completion date shall
be extended for a period of time equal to the sum of the Force
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Majeure period plus thirty (30) days. Developer shall notify
Dublin in writing of any event of Force Majeure which affects the
one (1) year completion date, including the nature of the Force
Majeure event and the anticipated time delay.
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'IiiIi.' (10) Upon completion of the phase II Water Line
construction, the Developer shall submit to the Dublin City
Engineer the exact and final costs supported by appropriate
invoices or receipts (the "Phase II Water Line Costs") of said
construction. So long as the costs reflected in the phase II
Water Line Contracts have been approved as set forth in Paragraph
( 8 ) above and are supported by appropriate invoices or receipts,
the final phase II Water Line Costs shall be approved. Further,
upon completion and the phase II Acceptance, as such term is
hereinafter defined, Developer shall convey to Dublin title to
the phase II Wnter Line and shall grant to Dublin mutually
- agreeable easpments wjthjn the existing or required public right
- of way (the "rhase II Water Line Easements") on the Developer's
Property for ingress and egress to and from the phase II Water
Line and for repair, maintenance and replacement thereof, as may
be necessary; provided, however, the repair, maintenance and
replacement thereof shnuld be accomplished exclusively within the
existing or rer!uired r'lblic rights of way and/or public
easements.
It is the understanding of the parties that
construction of the Ph~se II Proposed Water Line may be
accomplished exclusively within the existing or required public
.- rights-of-way .:'!nd/or public easements.
Pursuant thereto, Dublin
.... hereby grants permission to Developer and/or its contractors,
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subcontractors, or agents to lay, construct, and maintain the
phase I Water Line in any public right-of-way, or appropriate
public easement including the right to extend the phase II Water
Line under any paved or improved surface, all in accordance with
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the plans and specifications approved by the Dublin city
Engineer,
(11) Certification by the Dublin City Engineer that the
- phase II Water Line hAS been constructed in accordance with the
-.. approved plans and specifications shall constitute acceptance
thereof by Dublin (the "Phase II Acceptance"). Upon delivery of
the instruments conveying title to the Phase II Water Line and
granting of the phase II Water Line Easements, title to the phase
II Water Line ~hA1I tr"nsfer to Dublj,n and the same shall
thereafter become part of Dublin's water system.
(12) After Phase II Acceptance the Developer shall have
no liability or responsibility as to repair, maintenance,
replacement or operation of the Phase II Water Line except that
the Developer shall cause repairs to be made to the same
.'!i!P""lllI necessitated by defects in the original construction which appear
within one (1) ypar following the date of acceptance. The
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Developer's responsibility to make repairs shall be secured by a
maintenance bond furnished by a surety acceptable to the Dublin
Law Director or a letter of credit issued by a banking
institution acceptable to the Dublin Law Director. Said bond or
letter of credit shall be in an amount equal to ten percent (10%)
of the total cost of the phase II Water Line.
(13) upon completion of the Phase II Water Line, and
within thirty (30) days of certification of costs to Dublin and
the phase II Acceptance, Dublin shall pay to the Developer one
hundred and ten percent (110%) of the Phase II Water Line Over-
f'ti"t"l"
sizing Costs as provid~d by Chapter 929 of the Dublin City Code.
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(14) Dublin shall, subject to the provisions of this
paragraph and the receipt by Dublin of the charges and fees set
forth herein, provide for reimbursement to Developer of fifty
percent (50%) of all of the construction costs (design, labor and
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mater ial) , less the Oversizing Costs to be paid as provided for
in paragraph (13) above, for the phase II Water Line, hereinafter
collectively referred to as "phase II Water Line Labor and
Mat.erial!!;," All paymentp for phase II water LinG Lebor end
- Materials shall be paid by Dublin to Developer ( i ) from a special
.".*'1 water surchargo capacity fee established by a separate ordinance
creating a special surcharge recoupment fee (the "Phase II
Special Surcharge Fee") per front foot for phase II Water Line
users abutting Developer's Property; and (ii) from the Dublin
portion of any water tap-in fees for both on-site and off-site
phase II water Line tlsqrs. The phase II special Surcharge Fee
shall be calculated upon completion of the phase II Water Line
and shall be Approved by both Developer and Dublin. Dublin shall
waive all inspection fees for the phase II Water Line.
Reimbursement to Developer for Phase II Water Line Labor
- and Materials shall be reimbursed by Dublin to the Developer on a
calendar quarterly basis commencing on the first day of the first
.y"",,,
quarter after the phase II Acceptance and continuing on the first
day of each ca1endar rJ'.!arter thereafter until the earlier of the
twentieth (20~1J) anniv~rs~ry of the date title to the Phase II
Water Line is transferred to Dublin by the Developer or when the
Developer has received full compensation pursuant to the terms
and provisions contained in this Agreement.
II. Sanit~ry Trunk Sewer Line Extension Provisions
(15) The Developer shall solicit and submit at least
three (3) bonA fide construction bids to the Dublin City Engineer
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for examination, review and approval and shall cause to be done
Mo,;";,,,
such engineering and construction work as shall ~e necessary in
!
order to design and construct the Proposed Trunk Sewer Line as
set forth in Exhibit "n." The plans and specifications for the
proposed Trunk Sewer Line shall be subject to review and approval
of the Dublin City Engineer and the Dublin Law Director. Prior
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to construction or Developer's execution thereof, Developer shall
also submit certified copies of any and all contracts and change
orders to the Dublin City Engineer and the Dublin Law Director
for review and approval. The construction bids, plans and
*:,;"" specifications, contracts and change orders shall collectively be
....W<il referred to as the "Trunk Sewer Line Contracts." The Dublin City
Engineer and the Dublin Law Director shall review the Trunk Sewer
Line contracts and provide written notice to Developer of its
disapproval with any of the Trunk Sewer Line Contracts within
thirty (30) dRV~ after rAceipt of sama; otherwise the Trunk Sawer
Line Contracts shall be deemed approved.
( 16) Developer shall commence construction of the
Proposed Trunk Sewer Line within five (5) years from the date
this Agreement has been fully executed by the parties. Unless
both parties n~ree in writing to a mutually agreeable extension
1UI#,""-lI' of time before the exriration of the above-referenced
~~","-'" commencement r~riod, failure of Developer t~ initiate
construction within such commencement period shall render this
Agreement null and void.
Unless both parties agree in writing to a mutually
agreeable extension of time before the expiration of the
followin'] one (1) year time period, Developer shall complete
construction or the Proposed Trunk Sewer Line within one (1) year
after commencement of construction. In the event of a Force
Majeure occurro.nce, tho. phase II Water Line completion date shall
be extended for a period of time equal to the sum of the Force
,-"11l Majeure period plus thirty (30) days. Developer shall notify
Dublin in writing of any event of Force Majeure which affects the
iMl"";j"
one (1) year completion date, including the natu~e of the Force
Majeure event and the anticipated time delay.
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(17) Upon completion of the Proposed Trunk Sewer Line
construction, the Developer shall submit to the Dublin City
Engineer the exact and final costs supported by appropriate
~. invoices or receipts (the "proposed Trunk Sewer Line Costs") of
.",,-;-i1I said construction. So long as the costs reflected in the Trunk
Sewer Line Contracts have been approved as set forth in Paragraph
( 15) above and are supported by appropriate invoices or receipts,
the final Proposed Trunk Sewer Line Costs shall be approved.
(18) Certification by the Dublin City Engineer that the
Proposed Trunk Sewer Line has been constructed in accordance with
the approved plans and specifications shall constitute acceptance
thereof by Dublin (the "Trunk Sewer Line Acceptance").
(19) After Trunk Sewer Line Acceptance, the Developer
~""';.lil shall have no liability or responsibility as to repair,
~'''-" maintenance, rpplacem~nt or operation of the Proposed Tru~k Sewer
Line except thnt the Dpveloper shall cause repairs to be made to
the same neces~itated by defects in the original construction
which appear within one (1) year following the date of the Trunk
Sewer Line Acceptance. The Developer'S responsibility to make
repairs shall be secured by a maintenance bond furnished by a
surety acceptable to the Dublin Law Director or a letter of
credit issued by a banking institution acceptable to the Dublin
Law Director. Said b0nd or letter of credit shall be in an
amount equal to ten percent (10%) of the total cost of the
Proposed Trunk Sewer Line.
ft".;o,,,'.'
-<;~ (20) Due to the fact that the Existing Trunk Sewer Line
was not fully extended across the Adria Property ~o Developer's
Property, it is hereby agreed between the parties that Developer
shall utilize all reasonable efforts to obtain the Adria
Easements upon terms and conditions acceptable to Dublin, and
Dublin shall assist Developer in obtaining the Adria Easements as
-1C:;-
....",_...'",.,...'__'.4 .' ",_"___"_~"_,_,~"_,~~~",,_,,-,,,,,..i' ..........,,'-_W*"
, ItC"'''j' :n_~~, '. ";0; JI'
necessary. In the event Developer is unable to obtain the Adria
Easements, Dublin, after reasonable negotiations with Adria,
shall promptly utilize its power of eminent domain to acquire the
necessary Adria Easements. In the event that Adria Laboratories
f!I"";-"'"" requires payment for the Adria Easements, Dublin shall pay to
~ Adria Laboratories an agreed upon amount for the Adria Easements
provided that such amount shall not exceed, as determined by
Dublin, the appraised value. In the event that Adria
Laboratories requires compensation in excess of appraised value,
Dublin shall promptly utilize its power of eminent domain to
acquire the necessary Adria Easements. Dublin and Developer
acknowledge that the quick-take provisions of Ohio Revised Code
Chapter 163 shall not apply in the event that Dublin utilizes its
power of eminent domain to acquire the Adria Easements.
( 21 ) Dublin shall provide for reimbursement to
fi'f.-;'-.....~ Developer of one hundred percent (100%) of the design, labor and
~:?- material costs ettributable to the Proposed Trunk Sewer Line (the
"Sewer Costs"). All payments for the Sewer Costs shall be made
pursuant to paragraph 22 herein.
(22) Sewer Costs shall, subject to the provisions of
this paragraph ~nd the receipt by Dublin of the charges and fees
set forth herein, be r!=d mbu rsed by Dubl in too.eve1.?pe..:._~E,?rn one
'-----~--_......__..,--_._- ....--..... . - ~....._. ..-' ...,.
hundred percent (100%) of the Dublin portion of ?ropose~.Trunk
Sewer Line users' sanitary sewer system capacity charges. Dublin
shall waive all inspection fees for the Proposed Trunk Sewer
Line.
,1flY'''''''-
~-..;,i! Reimbursement to Developer for Sewer Costs shall be
reimbursed by Dublin to the Developer on a calendar quarterly
basis commencing on the first day of the first quarter after the
Sewer Acceptance and continuing on the first day of each calendar
quarter thereafter until the earlier of the twentieth (20th)
anniversary of the date title to the Proposed Trunk Sewer Line is
-16-
__ . r..._'....___-'__~_""..v"'""~~._~~ - llfi "in - rr
transferred to Dublin by the Developer, or when the Developer has
received full compensation pllrsuant to the terms and provisions
contained in this Agrepment.
~. III. Miscellaneous Provisions Applicable to the phase 1 Water
Line, the phase II Water Line and the Proposed Trunk Sewer Line
.....'ftj
(23) During the period of construction of the phase I
Water Line, the Phase II Water Line and the Proposed Trunk Sewer
Line, and for ~ period ~f one ( 1 ) year after acceptance thereof
by Dublin, as provided, herein, Dublin may, during normal
business hours and through its duly authorized agents, attorneys
or accountants, examine the books and records of Developer and
its agents, pertaining to the costs incurred by the Developer for
the phase I Water Line, the Phase II Water Line and the Proposed
Trunk Sewer Line.
~"..,
(24) Developer shall cause its agents and its
..~
contractors and sub-contractors engaged in construction of the
phase I Water Line, the phase II Water Line and the Proposed
Trunk Sewer Line to comply with Workers' 'Compensation law of the
State of Ohio and shall indemnify and hold Dublin harmless from
any and all claims, dem8nds, actions or liabilities arising out
of personal injury, death or property damage resulting from
construction work performed or caused to be performed by the
Developer under this Agreement not attributable to the negligence
of Dublin.
'-"''''I! (25) Until such time as the Developer has received the
_\cu-,;, reimbursements to which Developer is entitled pursuant to this
Agreement and Council Ordinance No. 80-91, Dublin agrees that it
will establish and maintain an account with its official
depository separate from other accounts it may have, that it will
deposit therein all fees and charges referenced in this
Agreement, and that Dublin will make reimbursements to the
-17-
--.."~-,_.",'-~,,,",,=,-~~_..~..,. ~..'.._. ~
.
Developer therefrom on a quarterly basis as set forth in this
Agreement. After all such reimbursements have been made to the
Developer pursuant to the terms and provisions contained herein,
Developer agrees to execute and deliver to Dublin a full, final
- and complete r9lease to thA effect that all monies owing
tl'lii",,,..dll Developer pursuant to this Agreement have been reimbursed. when
such release is received, Dublin shall close the account set
forth above and transfer any remaining funds therefrom as Council
may direct.
(26) Developer may assign its rights or interests under
this Agreement with the written consent of the non-assigning
party, which consent shall not unreasonably be withheld.
The parties hereto have executed this Agreement as of
the date set forth below their respective signatures.
~
~,"<il/ DEVELOPER:
By:
DUBLIN:
City of Dublin, An Ohio
Municipal Corporation by
By: ~
Timothy C. Hansley,
Ci ty Mana7'jr}
Dated: (' , r q iT--
, - .
,
,
Attachments:
Exhibit A: Proposed Water Line Extension, Phase I and
phase II
Exhibit B: Proposed Trunk Sewer Line Extension
t':'vh~h~" (', R~timated Costs/Reimbursements
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~ EXHIBIT "Am
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I NORTHWEST DUBLIN
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~ DUBUN PARK LOOP (60' R/W) APRil, 1992
.,
"
,
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STEELE
LAND
COMPANY
6295 COSGR!A Y ROAD, AMLlN, OHIO 43002
I
(614) 889-5510 FAX 889-6680
I
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( IN FEET )
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~ROP. O""n: ,,' ''''IT'''' """" "",""n ~
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Ill'SAN 0 Ill.SAN 0 1 II. SAN 0 Ill.SAN Ill.SANdI'
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EXHIBIT "B"
FOR
I \ NORTH~EST DUBLIN
I ~\
COMMeRCIAL PARK
I :P
I 0 I
,
DUBLIN PARK LOOP (60' R/W) APRIL, 1992
STEELE
LAND
COMPANY
6295 COSGRf' Y ROAD, AMLlN, OHIO 43002
(614) 8$9-5510 FAX 889-6680
I
./
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