96-91 Ordinance AMENDED
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, RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
96-91 (Amended) I
Ordinance No .---------------------- Passed______ ------------ u__ n_19___n_
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT TO REIMBURSE THE EDWARDS LAND COMPANY FOR THE COSTS
OF A WATER LINE EXTENSION FROM HEATHER GLEN TO THE
r- VICINITY OF THE VILLAGES AT TUTTLE CROSSING
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'-- WHEREAS, the city of Dublin has included within its
Capital Improvement Program the extension of a water line from
Rings Road north along wilcox Road to the southern end of the
existing 12" water line constructed for the Heather Glen sub-
division, as part of an overall Capital Improvements Program
to improve water service to the city's southwest quadrant; and
WHEREAS, the Edwards Land Company has an urgent need
for this water line in order to serve a new development
currently under construction; and
WHEREAS, the Developer is willing to design the
aforementioned 16" water line at its costs and expense,
subject to reimbursement by the City; and
WHEREAS, while the city has plans to construct the
subject water line, it is presently unable to do so within the
time parameters set forth by the developer.
NOW, THEREFORE, BE IT ORDAINED by Council of the City of
Dublin, state of Ohio, 7 of the elected members concurring
that:
r- Section 1. The City hereby agrees to reimburse the
Developer for the costs of the design and construction of a
\..... 16" water line from Rings Road north along wilcox Road to the
southern end of the existing 12" water line constructed for
the Heather Glen sub-division upon completion thereof, and
subject to the terms and provisions of an agreement, to be
executed by the City of Dublin and the Edwards Land Company,
as approved by the Law Director.
Section 2. That the City Manager is hereby
authorized to enter into the agreement attached hereto as
Exhibit "A" entitled wilcox Road Line Extension Agreement.
Section 3. That the form of said agreement shall be
subject to approval by the Law Director.
Section 4. That this Ordinance shall take effect
and be enforced from and after the earliest period allowed by
law.
Passed this ~h day of ~ , 199~.
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ATTEST:
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Clerk of Council IIIPI8r certify that copies of this Ordinonce/~91yt:torr-~/~re p~sted in the
lilY of Dublin in accordance with Section 731.25 of the GllIO Revised Code.
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Clerk (If Council, Dublin, Ohio
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WILCOX ROAD LINE EXTENSION AGREEMENT
This Agreement made and entered into this _ day of
, 199 , by and among the City of Dublin, Ohio, an
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Ohio Municipal Corporation (hereinafter referred to as "Dublin"),
and the Edwards Land Company, an Ohio Corporation, (hereinafter
referred to as ("Developer") .
WITNESSETH:
WHEREAS, Developer is constructing a mUlti-family
apartment complex known as the Villages at Tuttle Crossing, and has
completed construction of other office developments, within
Dublin's southwestern quadrant, as well as the Columbus portion of
the Tuttle Crossing development, all of which has experienced low
water pressure during the past summer; and
WHEREAS, Dublin has planned a series of improvements, to
enhance the water supply in the City's southern quadrant; and
WHEREAS, the Developer has been informed by the Columbus
Division of Water that construction of a 16" line from its current
terminus on wilcox Road, near Heather Glen, to the Developer's
property at the Villages at Tuttle Crossing, will address some of
the developers short-term water needs at Tuttle Crossing; and
WHEREAS, Council has included within its Capital
Improvement Program the costs of constructing a 16" water line
known as the wilcox Road Water Line Extension from Rings Road North
along wilcox Road to the southern end of an existing 12" water line
constructed for the Heather Glen sUbdivision; and
MHB/LAD/6741.1 1
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WHEREAS, the Developer requires that the aforementioned
16" water line be installed in a shorter time frame than may
currently be anticipated by Dublin; and
WHEREAS, Council has directed staff to facilitate this
and several other water system improvements for this quadrant of
the City; and
WHEREAS, the Developer is willing to initiate
construction of wilcox Road Water line extension, in the immediate
future and is willing to complete this project in an expedited
schedule;
WHEREAS, if Dublin will agree as hereinafter provided to
reimburse Developer for its costs incurred for construction of the
wilcox Road Water Line extension, Developer is willing at its cost,
to construct this water line and related facilities. This water
line will be connected to and become part of Dublin's water line
facilities, and will enable the Developer to provide improved water
service to its Villages at Tuttle Crossing apartment complex.
However, only the portion of said water line from Rings Road north
along wilcox Road to the southern end of the existing 12" water
line constructed for the Heather Glen subdivision, shall be sUbject
for reimbursement from Dublin to the Developer.
NOW THEREFORE, in consideration of the foregoing, and the
covenants and agreements herein set forth, Dublin and the Developer
hereby agree as follows.
MHB/LAD/6741.1 2
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(1) Developer shall arrange, contract for, and cause to
be done such construction work as shall be necessary in order to
construct the Wilcox Road Water Line extension (hereinafter
referred to as the "new water line facilities") . Pursuant thereto,
Developer shall consult with the City Engineering Department to
enable Developer to cause to be prepared planned and specifications
for the new water line facilities, which upon completion, shall be
submitted to the City Engineer for his review and approval.
(2) utilizing the above-referenced approved plans, the
Developer shall solicit and submit at least three bona fide
construction bids to the City Engineer, for examination, review and
approval, and shall arrange, contract for, and cause to be done,
such engineering work as shall be necessary in order to design and
construct the new sewer facilities.
(3) Developer shall utilize its best efforts to cause
construction of the new water line facility to be commenced within
90 days within the date of execution of this Agreement by Dublin
and the Developer, and shall thereafter cause such construction to
be diligently prosecuted to completion in accordance with the
approved plans.
(4) Upon completion of the new water line facilities,
the Dublin Engineer, shall, if appropriate, certify that the new
water line facilities have been constructed in accordance with the
approved plans, which certification shall also constitute the
acceptance thereof, by DUblin, vesting title to the new water line
MHB/LAD/6741.1 3
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facilities to Dublin and the same shall thereupon be, and become a
part of Dublin's water line facilities. After acceptance of the
new water line 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. Developer's obligation to make repairs shall be
secured by a performance bond furnished by a surety acceptable to
Dublin, said bond or letter of credit to be in an amount equal to
five percent (5%) of the total cost of constructing the new water
line facilities.
(5) As consideration for the foregoing, Dublin shall
reimburse Developer for the direct cost of design and construction
of the new water line facilities, which direct cost (hereinafter
referred to as "design/construction costs") shall include without
limitation engineering and design costs, construction costs, change
orders approved in advance by Dublin, on-site supervision,
engineering costs, permit and inspection fees assessed by DUblin,
and the costs of performance bonds. There shall be no
reimbursement for the cost of materials for completed construction,
damaged or destroyed, prior to City's certification and acceptance
of the new water line facilities. Further, there shall be no
reimbursement from Dublin for items which would normally be
considered the developer's general overhead expense in accordance
MHB/LAD/6741.1 4
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with generally accepted accounting principles. Reimbursement of
design and construction costs by Dublin to the Developer shall be
made within 60 days of the certification and acceptance of the
new water line facilities by the Dublin City Engineer. Except as
otherwise provided herein, the maximum amount of reimbursement
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shall not exceed the sum of $195,000.00.
(6) Dublin hereby grants to Developer and such agents
and contractors as Developer may engage in construction of the new
water line facilities, the right to enter upon the right-of-way and
easements controlled by the City of Dublin, so long as said entry
is for the purpose of constructing the new water line facilities
and so long as said construction is done in accordance with any
special terms or provisions of easements previously obtained by
Dublin.
(7) At any time during the period of construction of the
new water line facilities, Dublin may, during normal business hours
and through its duly authorized agents, attorneys, and/or
accountants, examine the books and records of the developer
pertaining to the costs incurred by the Developers in the design
and construction of the new sewer facilities. Developer shall
require its agents, contractor, and sub-contractors, engaged in the
design or construction of the new facilities to comply with
Workers' Compensation Law of the state of Ohio, indemnify and hold
Dublin harmless from any and all claims, demands, actions or
liabilities arising out of personal injury, death or property
MHB/LAD/6741.1 5
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damage resulting from the construction work performed or caused to
be performed by the developer pursuant to this agreement.
City of DUblin, Ohio
An Ohio Municipal Corporation
By:
Timothy C. Hansley
City Manager
Edwards Land Company
An Ohio Corporation
By:
Its
Approved as to form:
city Law Director
MHB/LAD/6741.1 6