54-91 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No..~~.....~.l______ Passed nn n'nun.n ,__ nnnn19n
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A SEWER LINE EXTENSION
AGREEMENT WITH DAVIDSON, PHILLIPS, INC.
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........ WHEREAS, the City of Dublin has received and accepted a proposal
from Davidson, Phillips, Inc. to install a twenty-one (21) inch sewer line
at its expense subject to partial reimbursement by the City and along with
a related payback agreement, and
WHEREAS, properties within the sewer entire tributary area will
eventually also be serviced by this sewer line, and
WHEREAS, Council agrees that the payback agreement, attached hereto
as Exhibit "A" is acceptable in order to provide sewer service to this area,
partially reimburse Davidson, Phillips, Inc. and provide for a payback
agreement whereby the City can recoup its contribution thereto.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of
Dublin, State of Ohio, -7 of the elected members concurring that:
Section 1. That the City Manager is hereby authorized to enter into the
agreement attached hereto as Exhibit "A" entitled Cramer Creek Sanitary
Sewer Extension Agreement.
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Section 2. That the form of said agreement shall be subject to approval
-- by the Law Director.
Section 3. That this Ordinance take effect and be in force from and after
the earliest period allowed by law.
Passed this /!Z day of ~ , 1991.
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Attest:
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AMENDMENT TO CRAMER CREEK
SANITARY SEWER EXTENSION AGREEMENT
THIS ADDENDUM AGREEMENT made and entered into this
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day of , 1991 by and among the City of Dublin, an
.... Ohio Municipal corporation (hereinafter referred to as "Dublin"),
.... and Boston Development Co., an Ohio partnership (formerly known as
Davidson Phillips, Inc. ) (hereinafter referred to as "Developer");
WITNESSETH:
WHEREAS, the parties have previously entered into a
contract known as the Cramer Creek sanitary Sewer Extension
Agreement on October 15, 1991 pursuant to Ordinance 54-91; and
WHEREAS, the original Agreement provided for an estimated
total project cost of six Hundred Thousand ($600,000.00) Dollars
and provisions wherein the City would reimburse the Developer up to
Three Hundred Seventy-Five Thousand ($375,000.00) Dollars subject
to reimbursement for excess contribution from a special sewer
reimbursement fee to be assessed by the city; and
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WHEREAS, the Developer has now informed the city that the
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total project cost may be reduced to Three Hundred Twenty-Five
Thousand ($325,000.00) Dollars or less; and
WHEREAS; amending the Agreement as set forth below could
save the city Eighty-Six Thousand ($86,000.00) Dollars (subject to
confirmation of the reduced total project costs) and avoid the
necessity of establishing a non-participant reimbursement
agreement.
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NOW, THEREFORE, in recognition of the fact that a
$275,000.00 reduction in estimated total project cost constitutes
a significant change of circumstances and in consideration of the
foregoing, and the mutual covenants and agreements herein set forth
as well as the terms, provisions and consideration contained within
.....
the original "Cramer Creek Sanitary Sewer Extension Agreement"
..... executed by the parties on October 15, 1991, (hereinafter "Original
Agreement" ) Dublin and the Developer agree to amend the
aforementioned agreement as follows:
1- This Addendum shall only be implemented in the event
that the total project cost is less than Three Hundred Twenty-Five
Thousand ($325,000.00) Dollars. In the event that the total
project cost exceeds Three Hundred Twenty-Five Thousand
($325,000.00) Dollars, this Addendum shall become null and void and
the parties will proceed pursuant to the original Agreement".
2. In the event the total project cost is less than
Three Hundred Twenty-Five Thousand ($325,000.00) Dollars, the Ruma
- Group which owns or controls 85.9 acres situated in the city of
..... Dublin, Franklin County, Ohio, located at the southeast corner of
Rings and wilcox Road, will contribute Eighty-Six Thousand
($86,000.00) Dollars; and Dublin will contribute up to Two Hundred
Thirty-Nine Thousand ($239,000.00) Dollars for extension of the
Cramer Creek Sanitary Sewer.
3. Paragraphs 1, 2, 3, 5, 8, 9, 10 and 11, of the
original Agreement, shall remain unchanged to the extent that said
paragraphs are not inconsistent with the instant Addendum.
MHB/KAA/15427.1 2
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4. Paragraph 4 of the Original Agreement shall be
modified to provide that the city's project cost contributions
shall be suspended once the city has paid One Hundred Ninety
Thousand ($190,000.00) Dollars subject to final cost, certification
and cost allocations. Any further cost savings shall be credited
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totally to Dublin's contribution. The remaining provisions of
- paragraph 4 are hereby deleted.
5. Paragraph 6 of the original Agreement is hereby
eliminated as is the first sentence of paragraph 7 of the Original
Agreement.
6. This Addendum is hereby made part of and attached to
the Original Agreement.
BOSTON DEVELOPMENT CO. CITY OF DUBLIN, an Ohio
Municipal Corporation
By: By
Timothy C. Hansley
City Manager
- Approved as to form:
...... By:
Law Director
MHB/KAA/15427.1 3
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(Rev. 10-7-91)
CRAMER CREEK SANITARY SEWER EXTENSION AGREEMENT
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THIS AGREEMENT, made and entered into this I~ day of
r::x::rD~~ , 1991, by and among the City of Dublin,
an Ohio Municipal Corporation (hereinafter referred to as
"Dublin"), and Davidson' Phillips, Inc. , an Ohio Corporation
(hereinafter referred to as the "Developer");
WITNESSETH
WHEREAS, Developer owns or has an option to purchase for the
purpose of residential development, a certain tract of land
totalling approximately 24.847 acres situated in the city of
Dublin, Franklin County, Ohio, located at the southeast corner of
Rings and Wilcox Road; and,
WHEREAS, Dublin intends to ultimately provide sewer service to
a large portion of the community, including the Developer's
subdivision;
WHEREAS, any development at the Developer's property will
require an extension of sanitary sewer service to the Developer's
property; and,
WHEREAS, the Developer is presently in the process of
finalizing a design for sanitary sewer improvements to be
constructed in public right-of-way extending the Cramer Creek
Sanitary Sewer westerly along Rings Road; and,
WHEREAS, the existing Cramer Creek Sewer has its terminus at
Blazer Memorial Parkway; and,
WHEREAS, Dublin desires that said sanitary sewer line be
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extended along Rings Road by construction of a 21 inch sanitary
sewer trunk line adjacent to the Developer's property to a new
terminus at Wilcox Road in order to serve the developer and other
property owners contiguous to the aforementioned sewer, as well as
other residents of the entire tributary area who will be served via
future trunk sewer trunk extensions from this facility; and,
WHEREAS, the Developer plans to provide for the extension of
the Cramer Creek Sanitary Sewer line via installation of
approximately 5,075 lineal feet of 21 inch pipe extending from
Blazer Memorial Parkway in a generally westerly direction to wilcox
Road (hereinafter referred to as "New Sewer Facilities"), the City
has determined that a 21 inch sanitary sewer line is far in excess
of that required to service Developer'S property and said sewer and
requires a significant off-site extension in order to service the
'Developer's property; and,
WHEREAS, the estimated total cost of the proposed New Sewer
Facilities is six Hundred Thousand Dollars ($600,000.00). In order
to induce the Developer to construct the New Sewer Facilities in a
timely manner, Dublin is willing to contribute up to Three Hundred
seventy-Five Thousand Dollars ($375,000.00) toward the total
project cost, with the Developer and a group of three other
contributors to pay the additional Two Hundred Twenty-Five Thousand
Dollars ($225,000.00). Further, the Developer and/or his group of
contributors (hereinafter referred to as the "Ruma Group"), shall
be entitled to reimbursement from the City through the Developer in
an amount equal to the dollar contribution made by The Ruma Group
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which exceeds the Group's pro-rata, fair share contribution to the
project. This reimbursement amount shall be hereinafter referred
to as the Developer's "Excess contribution". Said Excess
contribution shall be computed based upon the formula set forth in
Exhibit "2".
WHEREAS, in order to'recover'this Excess contribution, to be
reimbursed to the Developer, the city will impose a special sewer
reimbursement fee, hereinafter referred to as "Non-Participant
Charge" which shall be payable by owners of property within The
Ruma Group Reimbursement Area which directly benefit from the New
Sewer Facilities. This payment shall be made to the city upon
approval of a final subdivision plat or issuance of a building
permit, whichever occurs first. This Non-Participant Charge shall
be computed based upon the formula set forth in Exhibit "2".
Further, the City reserves the right to impose its own assessment
over and above this fee so as to recover a portion of its Three
Hundred Seventy-Five Thousand Dollars ($375,000.00) contribution to
the project from properties located outside The Ruma Group
Reinvestment Area which will benefit from this project, as later
determined by council; and,
WHEREAS, in order to fairly assess the Non-Participant Charge
to properties within The Ruma Group Reinvestment Area, the entire
tributary area has been set forth in the document attached hereto
as Exhibit "1" entitled "The Ruma Group Reinvestment Area". The
Exhibit delineates The Ruma Group Reinvestment Area which includes
parcels owned or controlled by The Ruma Group, as well as
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additional parcels directly benefitted by the New Sewer Facilities
(Non-Participants) which are not members of The Ruma Group.
Ruma Group properties, as indicated on Exhibit "l" shall not
be subject to the special Non-Participant per acre reimbursement
cost, due to its initial contribution to the project. The
remaining parcels (Non-Participants) within The Ruma Group
Reinvestment Area will be subject to the aforementioned per acre
fees due to the fact that they are direct beneficiaries of the New
Sewer Facilities.
Additionally, due to the fact that some of The Ruma Group
members may not have paid their full fair share or contributed
equally to the Excess Contribution, the Developer hereby agrees to
hold Dublin fully harmless and to indemnify and defend the city as
to any claims, causes of action, litigation, etc. which arise due
to any inequities as to fair share contribution between any members
of The Ruma Group.
NOW, THEREFORE, in consideration of the foregoing, and the
mutual covenants and agreements herein set forth, Dublin and the
Developer do hereby agree as follows:
(1) 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 and construction work as shall be
necessary in order to design and construct the New Sewer
Facilities. The plans and specifications for the New Sewer
Facilities shall be subject to review and approval of the Dublin
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Engineer and other applicable agencies and shall be presented to
the Engineer by the Developer for such review within 90 days
following execution of this Agreement. Such review shall be
expeditiously conducted and such approval shall not be unreasonably
withheld. Developer shall also submit certified copies of any and
all contracts, change orders, etc.' to the city Engineer for review
and approval prior to construction or initiation thereof.
(2) Developer shall cause construction of the New Sewer
Facilities to be commenced wi thin 60 days following the Dublin
Engineer's final approval of the design plans for the New Sewer
Facilities and such construction to be prosecuted in completion in
a timely manner, subject to delays of which the Developer shall
have no control.
(3) Upon completion of construction of the New Sewer
Facilities, the Developer shall submit to the city of Engineer the
exact and final cost of said construction for review and approval.
Further, upon completion of the New Sewer Facilities and acceptance
thereof by Dublin, Developer shall convey to Dublin title to the
New Sewer Facilities and shall grant to Dublin any necessary
permanent easements across Developer's property for ingress and
egress to and from the New Sewer Facilities and for repair,
maintenance and replacement thereof as may be necessary.
It is the parties' understanding that construction and
maintenance of the New Sewer Facilities may be done exclusively
within existing public right-of-way and/or public easements.
Pursuant thereto, Dublin hereby grants permission to the Developer
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and its agents to lay, construct, and maintain the new sewer line
in any public right-of-way, public place or public easements
including the right to extend said sewer line under any paved or
improved surfaces, all in accordance with the plans and
specifications approved by city Engineer.
It is specifically acknowledged by the parties that the six
Hundred Dollars ($600,000.00) estimated construction cost figure
and all other calculations relating thereto, do not incorporate the
cost of any land acquisition and further, it is specifically agreed
by the Developer that in the event any real estate acquisition is
necessary, other than temporary construction easements, this will
be at the sole and exclusive cost of the Developer which shall not
be subject to assessment and/or reimbursement by the city.
(4) 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.
Upon delivery of the instruments conveying title to the New Sewer
,,- Facilities and granting of any easements necessary, the title
thereto shall transfer to Dublin and the same shall thereupon be
and become part of Dublin's sewer system.
The city's contribution shall be paid to the developer based
on actual work completed. Payment by the City shall be made
monthly based upon submission of invoices for completed work with
the city to pay 60% thereof and the Developer to pay the remaining
40%, subject to the following limitations. Once the City has paid
Three Hundred Thousand Dollars ($300,000), payments will be
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suspended unti I final cost certification as completed and final
cost allocations made in accordance with the provisions of this
agreement. As previously set forth herein, the Three Hundred
Seventy-Five Thousand Dollars ($375,000) estimate represents the
maximum contribution to be paid by Dublin for the New Sewer
~, Facilities. However, in the event that the total certified
~~!t.., construction costs are lower than the six Hundred Thousand Dollars
($600,000.00) estimate, any and all cost savings less than or equal
to Ninety Two Thousand Dollars ($92,000.00) shall be applied One
Hundred percent (100%) toward reducing The Ruma Group's
unreimbursed portion of the cost. This allocation of cost savings
is in consideration of Developers oversizing the New Sewer
Facilities in a manner benefitting additional Dublin territory
outside The Ruma Group Reimbursement Area. Any additional cost
savings over and above Ninety-Two Thousand Dollars ($92,000.00)
shall be allocated exclusively to reduce the City's contribution.
(5) After acceptance of the New Sewer Facilities by Dublin,
Developer shall have no liability or responsibility whatsoever in
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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 acceptance. Developer's 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 the
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New Sewer Facilities.
(6) The City shall assess all Non-Participant property owners
within The Ruma Group Reimbursement Area, a Non-participant Charge
upon approval of such owner's final subdivision plat or issuance of
a building permit on such owner's property, whichever occurs first.
This Non-Participant Charge shall'be determined by Council via a
separate ordinance based upon the formula set forth in the
document, attached hereto as Exhibit 2. Further, this Non-
Participant Assessment shall be increased by .75 percent per month
from the date the New Sewer Facility is completed and accepted by
the City, until such time as the appropriate Non-participant Charge
is paid.
(7) It is further agreed that the Non-Participant Charge
shall not be applicable to the Developer's property or property
owned or controlled by members of The Ruma Group, all of which are
delineated and set forth in Exhibit "1". Dublin further agrees to
waive as to the Developer and The Ruma Group, as delineated in
Exhibit "1", any and all inspection fees that relate to the 21 inch
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main trunk sewer line also known as the New Sewer Facilities.
Additionally, it is specifically agreed and understood that the
Developer and The Ruma Group will be subject to any tributary area-
wide assessment imposed by Dublin to recoup its costs for the New
Sewer Facilities,as well as all normal and customary tap-fees and
sewer charges.
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(8) During the period of construction of the New Sewer
Facilities and for a period of one (1) year after acceptance
thereof by Dublin as hereinafter provided, Dublin may, during
normal business hours and through its duly authorized agents,
attorneys or accountants, examine the books and records of
~fll<", Developer and its agents pertaining to the costs incurred by the
.~, Developer and the cost of the New Sewer Facilities.
(9) Developer shall cause its agents and the contractors and
the subcontractors engaged in construction of the New Sewer
Facilities to comply with 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 personal
injury, death or property damage resulting from construction work
performed or caused to be performed by Developer pursuant to this
Agreement.
(10) The actual amount of reimbursement due and owing by
Dublin to the Developer as and for The Ruma Group's Excess
contribution costs, to be paid from the Non-Participant charge
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collected, shall be determined by Council via separate ordinance,
pursuant to the provisions of paragraph 6. This Excess
contribution reimbursement shall also be determined based upon the
direct cost of construction of the New Sewer Facilities, which
direct cost shall include without limitation, construction costs,
on-site supervision, engineering cost, survey work, temporary
construction easement acquisition cost and shall exclude the cost
of materials or completed-construction damage for which the
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Developer receives reimbursement for such damage or destruction in
items which would normally be considered to be the Developer'S
general overhead and expense in accordance with generally accepted
accounting principles. Additionally, any such costs shall exclude
the cost of real estate acquisition necessary to complete this
.~-"'. project, other than as set forth above.
Reimbursement of Excess contribution costs from Dublin to
Developer shall be made from any and all funds received by Dublin
as Non-Participant Charges from The Ruma Group Reinvestment area as
provided for herein. Any and all Non-Participant funds related to
the New Sewer Facilities shall be paid by Dublin to the Developer
on a quarterly basis until the earlier of the 10th anniversary of
the date as of which the title to the New Sewer Facilities is
transferred to Dublin by the Developer or the time as of which the
Developer has received full compensation for the Excess
contribution as determined by Council Ordinance. Until such time
as the Developer shall have received the payments to which it is
entitled pursuant to council Ordinance and the provisions 'herein,
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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 Non-Participant Charges as to the
New Sewer Facilities, and that it will make payments to the
Developer therefrom in accordance with the foregoing provisions and
Council ordinance. After all such payments have been made to
Developer, Developer agrees to execute and deliver to Dublin a
full, final and complete release to the effect that all monies
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owing Developer, pursuant to this agreement ave been paid. When
such release is received, Dublin shall close the account set forth
above and transfer any remaining funds therein as its council may
direct.
(11) It is further understood that this agreement is between
.;',.~ the Developer and the City of Duolin and as such, the Developer
will be responsible to administer any reimbursement payments made
pursuant hereto as relates to The Ruma Group. The Developer
further agrees to indemnify, defend and hold Dublin harmless,
including reimbursement of Dublin's attorneys fees, as to any
action or actions initiated by The Ruma Group or any members
thereof, relating to repayment of costs or the allocation thereof
between said Ruma Group.
CITY OF DUBLIN, an Ohio
Municipal Corporation
b by: ~.,.----,
Timothy C. Hansley
City Manager
~
~,;&>t A~~ to form: ~~
by L ~ ;;s:"
Law Director
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EXHIBIT 2
TOTAL RUMA GROUP REIMBURSEMENT AREA 133.22 ACRES
. TOTAL AREA OWNED BY RUMA GROUP 85.9 ACRES (65 %)
NON-PARllCIPATlNG PROPERTIES 47.34 ACRES (35 %)
(TOTAL PROJECT COSl) - (CITY OF DUBUN CONTRIBUTION) = RUMA GROUP CONTRIBUTION
..... (RUMA GROUP CONTRIBUTION) X (.35) = EXCESS CONTRIBUTION
PER ACRE NON PARTICIPANT CHARGE = (EXCESS CONTRIBUTION) I (47.34 ACRES)
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