Granville Community Calendar

Ordinance 06-1988

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1 AN ORDINANCE AUTHORIZING COOPERATIVE AGREEMENT FOR
CONSTRUCTION, MAINTENANCE AND OPERATION OF WATER
STORAGE FACILITIES PROJECT BETWEEN THE VILLAGE OF
GRANVILLE AND THE OHIO WATER DEVELOPMENT AUTHORITY
AND DECLARING AN EMERGENCY.
WHEREAS, the Village of Granville (hereinafter referred to a
the "LGA"h)as, determined the need to replace its 100, 000
elevated water storage tank through its demolition and erection
on the same site of a 500, 000 gallon standpipe; and
WHEREAS, the LGA desires to cooperate with the Ohio Water
Development Authority (hereinafter referred to as the "OWDA")in
the construction, maintenance, and operation of such facilities
through the OWDA' s Local Government Agency Program, instituted
pursuant to Regulations adopted by the OWDA on December 6, 1979,
as amended, under the provisions, terms and conditions set forth
in Exhibit "A"at.tached hereto and made a part hereof; and
WHEREAS, the OWDA has stated its desire to cooperate in the
construction, maintenance and operation of such facilities under the provisions, terms and conditions set forth in Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED by the Council of the
Village of Granville, Ohio:
Section
Section
I: That the LGA hereby approves the construction,
maintenance and operation of the aforesaid water
storage facilities in cooperation with the OWDA
under the provisions, terms and conditions set
forth in the "Cooperative Agreement for Construetion,
Maintenance and Operation the Water Storage
Facilities Project" as set forth in Exhibit "A"
and hereby authorizes the Chief Executive Officer
and the Chief Fiscal Officer· of the LGA to execute
such an agreement with the OWDA substantially in
the form set forth in Exhibit "A".
II: That it is found and determined that all formal
actions of this Council concerning and relating
to the passage of this ordinance were passed in an ppen meeting of this Council, and that all
deliberations of this Council and of any of its
committees that resulted in such formal action,
were in meetings open to the public, in compliance
with all legal requirements including Section 121. 22 of the Ohio Revised Code.
ORDINANCE NO. 6-88
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1
Ordinance No.
Page 2 of 2
Section III:
Passed this
6-88
That this ordinance is hereby declared to be an
emergency measure necessary for the immediate
preservation of the public peace, health, and
safety of said Village of Granville for the
reason that the immediate construction of the
Water Storage Facility at the earliest possible
time is necessary in order to protect the health
of' the inhabitants of the LGA by providing the
adequate supply and distribution of water; wherefore,
this ordinance shall be in full force and
6ffect from and immediately after its passage.
*IEtest:1 (
GSU*Lr%b Clerk of Councid*
Approved as to form:
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Law Director
day of FLF
Mayor
1988.
I, Catherine M. Miller, Clerk of Council of the Village of Granville, Ohio,
do hereby certify that the foregoing ordinance is a true and exact copy of
Ordinance No. 6-88 passed by Village Council June 15, 1988.
Catherine M. Miller, CTerk of Council
COOPERATIVE AGREEMENT FOR CONSTRUCTION, MAINTENANCE
AND OPERATION OF STATE WATER PROJECT
OWDA No. SW- 1
5/88)
THIS AGREEMENT made and entered into as of the 23rd day of
June 198{b}y, and between the OHIO WATER DEVELOPMENT AUTHORITY, a
body corporate and politic organized and existing under the provisions of
Chapter 6121 of the Revised Code of Ohio (hereinafter referred to as the
OWDA")and the Village of Granville a
Municipal Corporation organized and existing under the
laws of the State of Ohio and acting pursuant to an ordinance or resolution
passed by the legislative authority thereof on June 15 , 1988,
hereinafter referred to as the "LGA") ;
WITNESSETH:
WHEREAS, the OWDA has been created to carry forward the declared
public policy of the State of Ohio to preserve, protect, upgrade, conserve,
develop, utilize and manage the water resources of the state, to prevent or abate the pollution of water resources, to promote the beneficial use of
waters of the state for the protection and preservation of the health,
safety, convenience, and welfare, and the improvement of the economic welfare
and employment opportunities of and the creation of jobs for the people of
the state, and to assist and cooperate with other governmental agencies in
achieving such purposes through the establishment, operation and maintenance
of water development projects pursuant to Chapter 6121 of the Revised Code; and
WHEREAS, the water system hereinafter referred to as the
Utility")of the LGA will require the supply of services for the supply, ando/ r distribution of water from the construction, operation and maintenance of the water facility defined herein as the Project Facilities (hereinafter referred to as the "Services") to operate the Utility; and
WHEREAS, the LGA is desirous of obtaining the necessary Services for its Utility in cooperation with the OWDA: and
WHEREAS, the OWDA is willing to cooperate with the LGA in obtaining such Services and the LGA has given OWDA reasonable assurances that the LGA will make the payment of the charges hereinafter provided for; and
WHEREAS, the OWDA and LGA have determined to enter into this Agreement to set forth their respective obligations with respect to the financing, construction, operation and ownership of the Project Facilities;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants herein contained, the parties hereto do hereby agree as follows:
ARTICLE I -DEFINITIONS
Except where the context clearly indicates otherwise, the following
terms as used in this Agreement shall have the meaning ascribed to them in
this Article:
DEFINITIONS RELATING TO PHYSICAL FACILITIES
a) A"pproved Application"means the application submitted to the
OWDA under date of June 23 ,1988; together with all attachments, supporting
documentation, amendments and supplements thereto as approved by the OWDA
under date of June 23, 1988 together with any amendments thereto approved
by the LGA and the OWDA after the date of this Agreement.
b) P"roject Facilities" means the facilities to be constructed
pursuant to this Agreement as described generally in Exhibit A attached
hereto and made a part hereof and more particularly described in the Approved
Application together with any changes therein made pursuant to Article III
hereof.
c) " Project Site"means all land, rights-of-way, property rights,
easements, franchise rights or other interests in real estate necessary for
the construction and operation of the Project Facilities.
d) R"iver Basin"means the waters of Raccoon Creek 1
DEFINITIONS RELATING TO COSTS
e) "Eligible Project Costs" shall include, whether incurred
before or after the date of this Agreement, such portion of the following
costs as are disbursed out of funds of the OWDA, presently estimated to be
300. 048 but in no event in excess of $ 310. 000 and
the rules and regulations relating thereto: the purchase price of the
Project Site when acquired by purchase, or the value thereof when
appropriated as found by the jury, together with the costs of the proceedings
and the damages assessed in favor of any owner of the adjoining lands and
interests therein; the cost of demolishing or removing any buildings or structures on the Project Site, including the cost of acquiring any lands to which such buildings or structures may be removed; the cost of diverting
highways, interchange of highways, and access roads to private property, including the cost of easements therefor; the costs of construction of the
Project Facilities including, but not limited to, the cost of all machinery, furnishings and equipment included therein; interest whether or not
disbursed) on all funds disbursed by the OWDA o( ther than funds paid over to the OWDA by the LGA for disbursement by the OWDA) at the Contract Interest Rate from the date of disbursement by the OWDA of each portion thereof pursuant to Section 3.8 hereof to the first day of the January or the July next preceding the Contract Period of Years based on the then existing cost allocations; engineering expenses for the Project Facilities including, but not limited to, the cost of preliminary and other surveys, the cost of preparing plans, estimates and specifications, the cost of all necessary soil
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and other investigations and laboratory testing, and resident engineering· and
inspection fees; the cost of printing and publishing the notices and
legislation required; legal expenses; administrative expenses of the OWDA in
the amount of 0.35%of all other Eligible Project Costs, or $400, whichever
is the greater; and any other necessary miscellaneous expenditures.
f)
Project Costs,
g)
necessary to
DEFINITIONS RELATING TO PARTICIPATION IN COSTS
Project Participation Principal Amount" means Eligible
presently estimated at $300, 048
Participation Rate" means the dollar amount per annum
amortize a principal amount of one dollar over the Contract
Period of Years at the Contract Interest Rate.
h) " Participation Charge"means the amount equal to the Project
Participation Principal Amount multiplied by the Participation Rate. Based
on the estimated Project Participation Principal Amount of $300, 048
and the Participation Rate of $09.6172 this amount equals
28, 857
If the Contract Period of Years commences prior to the
determination of final costs, the Participation Charge shall be based upon
the best figures available at the time the computation of each semi- annual
payment is required to be made. When such final costs are known, the
Participation Charge shall be recomputed and the next following semi- annual
payment shall be either increased or decreased by a factor sufficient to
correct for any overpayment or underpayment through the date of such
recomputation so that the total amount received by OWDA over the Contract
Period of Years will be the same amount as would have been received had the
final costs been used in computing the Participation Charge at the
commencement of the Contract Period of Years. The interest during
construction computed at the Capitalized Interest Rate shall, however, be
computed based on the then existing cost allocations at the time of such
computation and shall not be recomputed.
annum.
i) " Contract Interest Rate" means the rate of 8. 31 per
j) "Contract Period of Years"means the period of 25 calendar
years commencing on July 1 1989, on the January 1 or July 1 next following the completion of constructionI or on the January 1 or the July 1 next following the commencement of operation, whichever shall occur first.
k) " Special Assessment Funds"means the proceeds from the special
assessments to be hereafter levied, if any, by the LGA to pay all or a portion of the cost of the Project Facilities. The proceedings for special assessments, in such cases where assessments are to be levied, were commenced by Resolution of Necessity No. N/A adopted by the legislative
authority of the LGA on 198_.
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ARTICLE II -PROPERTY INTERESTS IN PROJECT SITE
AND PROJECT FACILITIES AND RIGHTS OF ACCESS THERETO
Section 2. 1. All real estate and interests in real estate and all
personal property constituting the Project Facilities and the Project Site
shall be acquired by and shall be the property of the LGA.
Section 2. 2. The LGA agrees that the OWDA and its duly authorized
agents shall have the right at all reasonable times to enter upon the Project
Site and Project Facilities and to examine and inspect the same. The LGA
further agrees that the OWDA and its duly authorized agents shall have such
rights of access to the Project Site and Project Facilities as may be
reasonably necessary to accomplish proper operation and maintenance of the
Project Facilities pursuant to Section 5.8 hereof in the event of failure by
the LGA to perform its obligations under Sections 5. 1 or 5. 2 hereof.
ARTICLE III -ACQUISITION OF PROJECT SITE, CONSTRUCTION OF
PROJECT FACILITIES AND PAYMENT OF COSTS THEREOF
Section 3. 1. Subject to the terms and conditions of this
Agreement, the LGA shall do all things necessary to construct the Project
Facilities on the Project Site (which the LGA hereby guarantees has been
acquired by the LGA) by means of the construction contract bids received:
JUNE 7, 1988
In connection with the construction of the Project Facilities, the LGA agrees that:
a) The construction contract Will provide that the
representatives of the OWDA will preparation have access to the work whenever it is in or progress and that the contractor will provide proper
facilities for such access and inspection.
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b) All laborers and mechanics employed on the Project Facilities
shall be paid at the prevailing rates of wages of laborers and mechanics for
the class of work called for by the Project Facilities, which wages shall be
determined in accordance with the requirements of Chapter 4115, Ohio Revised
Code, for determination of prevailing wage rates.
C) Following construction contract awards and prior to the
commencement of construction it will arrange and conduct a pre- construction
conference to include representatives of the OWDA, the LGA and the consulting
engineers of the LGA and all contractors.
d) All construction contracts and contractors' estimate forms
will be prepared so that materials and equipment furnished to the LGA may be
readily itemized.
e)
reimbursement
All requests submitted by the LGA for the payment or
of incurred Eligible Project Costs other than construction
contract estimates shall include evidence of the costs incurred and will be
prepared so that such costs may be readily itemized.
f) Any change or changes in a construction contract in excess of
one percent (1%) of the contract price or any change or changes regardless of
cost which substantially modify the treatment processes proposed will be
submitted to the OWDA for prior approval.
g) Notification of all change orders not requiring prior approval
of the OWDA will be submitted to the OWDA within one (1) month of the time at which they are ordered by the consulting engineer of the LGA.
h) The construction of the Project Facilities, including the
letting of contracts in connection therewith, will conform to applicable
requirements of Federal, State and local laws, ordinances, rules and regulations.
i) It will proceed expeditiously with, and complete, the Project
Facilities in accordance with the Approved Application, and the surveys, plans, profiles, cross sections and specifications or amendments thereto approved by the Ohio EPA.
Except as otherwise provided in this Agreement, the LGA shall have the sole and exclusive charge of all details of the construction of the Project Facilities.
Section 3. 2. The LGA shall keep accurate records of the Eligible
Project Costs. The LGA shall permit the OWDA, acting by and through the Executive Director of the OWDA or his authorized representatives to inspect all books, documents, papers and records relating thereto at any and all reasonable times for the purpose of audit and examination and the LGA shall csoubnmneitctioton the OWDA such documents and information as they may require in therewith.
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Section 3.3. The LGA shall require that each construction
contractor shall furnish a performance and payment bond in an amount at least
equal to 100 percent of his contract price as security for the faithful
performance of his contract.
Section 3.4. The LGA shall require that each of its contractors
and all subcontractors maintain during the life of his contract, Workers'
Compensation Insurance, Public Liability, Property Damage, and Vehicle
Liability Insurance, in amounts and on terms satisfactory to the OWDA. Until
the Project Facilities are completed and accepted by the LGA, the LGA or (at
the option of the LGA) the contractor shall maintain Builders Risk Insurance
fire and extended coverage) on a 100 percent basis (completed value form) on
the insurance portion of the Project Facilities for _the benefit of the OWDA,
the LGA, the prime contractor, and all subcontractors, as their interests may appear.
Section 3. 5. The LGA shall provide and maintain competent and
adequate resident engineering services satisfactory to the OWDA covering the
supervision and inspection of the development and construction of the Project
Facilities and bearing the responsibility of ensuring that construction
conforms with the approved surveys, plans, profiles, cross sections and
specifications and certifying to the OWDA and the LGA at the completion of
construction that construction is in accordance with the approved plans, profiles, surveys, cross sections and specifications or approved amendments thereto.
Section 3.6. Subject to the terms and conditions of this
Agreement, the Eligible Project Costs shall be paid by the OWDA. In the
event this Agreement is terminated by the OWDA pursuant to, and not in breach
of, the provisions of this Agreement, or by subsequent agreement of the parties, or in the event this Agreement is terminated by the LGA, whether or not in breach of the Agreement, the Eligible Project Costs incurred prior to the date of the commencement of the construction of the Project Facilities or the date of such termination, whichever is earlier, shall be paid by the LGA. If such termination takes place following the date of the commencement of the
construction of the Project Facilities all Eligible Project Costs incurred following such commencement date and prior to the date of termination, with the exception of all costs attributable to the acquisition of the Project Site, shall be borne by: 1) the LGA if this Agreement is terminated at such time by the LGA; or (2) by the OWDA if this Agreement is terminated at such time by the OWDA. All costs attributable to the acquisition of the Project Site shall be borne by the LGA. Any moneys paid by either party hereto
pursuant to this Agreement which become the obligation of the other party under the provisions of this Section shall be repaid in not more than three Cyeoanrtsracat ftIenrterteesrmt iRnaatteio.n with interest on the remaining balances at the
Section 3.7. Prior to the OWDA delivering any certificates of availability of funds of the Trustee pursuant to Section 3.8 hereof or disbursing any portion of the Eligible Project Costs, the LGA shall demonstrate to the satisfaction of the OWDA the capability of the LGA to pay the Participation Charge over the Contract Period of Years.
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Section 3.8. Upon being satisfied that the requirements of Section
3.7 have been met, OWDA shall deliver to the LGA a certificate, signed by the
Trustee under the Trust Agreement securing the Water Development Revenue
Bonds and Notes issued or to be issued by the OWDA to finance Eligible
Project Costs, certifying that monies in the amount necessary to pay the
Eligible Project Costs obligated or to be obligated are available or are in
the process of collection and have been encumbered by the Trustee to pay such
Eligible Project Costs. When such Eligible Project Costs have been incurred
and payment requested from the OWDA by the LGA, the OWDA shall deliver checks
of the Trustee in payment of the invoices, demands for payment, approved
contractors' estimates or other evidence of cost incurrence to the persons or
entities entitled to payment in conformity with the encumbrance of funds set
forth to pay such obligated Eligible Project Costs.
Section 3. 9. Upon completion of the Project Facilities, the LGA
shall make a full and complete accounting to the OWDA of the final Eligible
Project Costs.
ARTICLE IV -PARTICIPATION PAYMENTS BY LGA
Section 4. 1. Subject to the further provisions hereinafter set
forth, and in consideration for the providing by the OWDA of the Services in
the Project Facilities for use in the LGA's Utility, the LGA agrees to and
shall pay semi- annually on January 1 and July 1 of each year of the Contract
Period of Years to the OWDA solely from the Special Assessment Funds, if and from the any, revenues of the LGA's Utility, one- half of the Participation Charge.
The obligation of the LGA to pay the charges set forth shall not be
assignable, and the LGA shall not be discharged therefrom, without the prior written consent of the OWDA. In the event that services supplied by the
Project Facilities shall cease or be suspended for any reason, unless otherwise agreed to in writing by the OWDA, the LGA shall continue to be obligated to pay the charges pursuant to this Section 4. 1. In the event the
LGA defaults in the payment of any of the charges set forth in this Section 4. 1, the amount of such default shall bear interest at the Contract Interest
Rate or eight per centum (8%)per annum, whichever is greater from the date
of the default until the date of the payment thereof, and all the costs incurred by the OWDA in curing such default including, but not limited to, court costs and attorney's fees shall be paid as a part of the Eligible Project Costs hereunder and shall be repaid by the LGA to the OWDA as a part of the Participation Charge.
Anything in this Agreement to the contrary notwithstanding, neither the general resources of the LGA shall be required to be used, nor the general credit of the LGA pledged for the performance of any duty under this Agreement, but any payment to be made under this Agreement shall be made only from the revenues of the LGA's Utility and the Special Assessment Funds, if any; provided, however, that, if otherwise lawful, nothing herein shall be deemed to prohibit the LGA from using, of its own volition, any of its general resources for the fulfillment of any of the terms and conditions of this Agreement.
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Section 4. 2. It is agreed that, during the first fifteen days of
June and December, the OWDA shall invoice the LGA for the sum owing by the
LGA pursuant to Section 4. 1 and that payment of each such invoice shall be
made by the LGA to the OWDA not later than the first day of the following
month.
Section 4.3. The LGA hereby agrees: a) that it will at all times
prescribe and charge such rates for the services of the Utility, as shall
result in Utility revenues at least adequate, after meeting operation and
maintenance expenses therefor and the payment of all amounts required by any
Mortgage, Indenture of Mortgage, Trust Indenture or other instrument heretofore
or hereafter granted by the LGA to secure bonds and notes heretofore or
hereafter issued by the LGA, or contractual obligations between the LGA and
the OWDA, payable solely from revenues of the Utility to provide for the
payments required by Section 4. 1 hereof minus the amount of such payment
provided from the Special Assessment Funds, if any; (b) that the LGA will
furnish to the OWDA annually reports of the operation and income of the
Utility and also an annual report of the accounts and operations of the
Utility and will permit the authorized agent of the OWDA to inspect all
records, accounts and data of the Utility at all reasonable times; and (c)
that the LGA will segregate the revenues, funds and properties of the Utility
from all other funds and properties of the LGA. All of the obligations under
this Section are hereby established as duties specifically enjoined by law
and resulting from an office, trust or station upon the LGA within the
meaning of R.C. Section 2731. 01.
ARTICLE V -MAINTENANCE, OPERATION, INSURANCE AND CONDEMNATION
Section 5. 1. The LGA agrees that during the Contract Period of
Years it will keep the Project Facilities including all appurtenances
thereto and the equipment and machinery therein in good repair and good
operating condition at its own cost so that the completed Project Facilities
will continue to operate with substantially the same efficiency as when first
constructed.
The LGA shall have the privilege of making additions, modifications
and improvements to the Project Site and the Project Facilities from time to
time with the approval of the OWDA the cost of which additions, modifications
and improvements shall be paid by the LGA and the same shall be the of property the LGA and be included under the terms of this Agreement as part of the
Project Site or Project Facilities, as the case may be.
Section 5. 2. The LGA agrees that it will commence operation of the
Project Facilities immediately upon the completion of the construction
thereof and will not discontinue operation of the Project Facilities without the approval of the OWDA and the Director of Environmental Protection of the State of Ohio. The LGA agrees that it will provide adequate operation and maintenance of the Project Facilities to comply with the water quality standards established for the River Basin and with all applicable rules and regulations of the Director of Environmental Protection of the State of Ohio. The LGA agrees that sufficient qualified operating personnel certified by the State of Ohio will be retained to operate the Project Facilities and all
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operational tests and measurements necessary to determine compliance with the
preceding sentence will be performed to insure proper and efficient operation
and maintenance of the Project Facilities from the time of commencement of
operation until the end of the Contract Period of Years or the approval of
the discontinuance of the operation of the Project Facilities by the OWDA and
the Director of Environmental Protection of the State of Ohio. The Utility
of which the Project Facilities will be a part shall be operated and
maintained in accordance with an ordinance or resolution governing the use of
the Utility and any administrative regulations adopted pursuant thereto
acceptable to the OWDA.
The LGA will permit the OWDA and its agents to have access to the
records of the LGA pertaining to the operation and maintenance of the Project
Facilities at any reasonable time following completion of construction of the
Project Facilities.
Section 5. 3. The LGA agrees to insure the Project Facilities in
such amounts as similar properties are usually insured by political
subdivisions similarly situated, against loss or damage of the kinds usually
insured against by political subdivisions similarly situated, by means of
policies issued by reputable insurance companies duly qualified to do such
business in the State of Ohio.
Section 5.4. Any insurance policy issued pursuant to Section 5.3
hereof shall be so written or endorsed as to make losses, if any, payable to
the OWDA and the LGA as their interests may appear. Each insurance policy
provided for in Sections 5.3 and 5.6 hereof shall contain a provision to the
effect that the insurance company shall not cancel the same without first
giving written notice thereof to the OWDA and the LGA at least ten days in
advance of such cancellation.
Section 5.5. The net proceeds of the insurance carried pursuant to
the provisions of Sections 5.3 and 5. 6 hereof shall be applied as follows:
i) the net proceeds of the insurance required in Section 5. 3 hereof shall be
applied as provided in Section 5.9 hereof, and (ii) the net proceeds of the
insurance required in Section 5. 6 hereof shall be applied toward extinguishment
or satisfaction of the liability with respect to which such insurance
proceeds may be paid.
Section 5.6. The LGA agrees that it will carry public liability
insurance with reference to the Project Facilities with one or more reputable
insurance companies duly qualified to do business in the State of Ohio, in minimum amounts of $500,000 for the death of or personal and $ injury to one person 1,000,000 for personal injury or death for each occurrence in connection with the Project Facilities and $500,000 for property damage for any occur- renee in connection with the Project Facilities. The OWDA shall be made an additional insured under such policies.
Section 5.7. Throughout the Contract Period of Years, the LGA mshaainlltainmeadin. tain Workers' Compensation Coverage or cause the same to be
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Section 5.8. In the event the LGA shall fail to maintain the full
insurance coverage required by this Agreement or shall fail to keep the
Project Facilities in good repair and operating condition, or shall fail to
operate the Project Facilities in accordance with Section 5. 2 hereof, the
OWDA may (but shall be under no obligation to) take out the required policies
of insurance and pay the premiums on the same or may make such repairs or replacements
as are necessary or may hire the necessary operating personnel to
insure compliance with Section 5.2 and provide for payment thereof; and all
amounts so advanced therefor by the OWDA shall become an additional
obligation of the LGA to the OWDA which amounts, together with interest
thereon at the Contract Interest Rate or at the rate of eight per centum (8%)
per annum, w.hichever is greater, from the date thereof, the LGA agrees to
Pay.
Section 5.9. If prior to the completion of the Contract Period of
Years the Project Facilities shall be damaged or partially or totally destroyed
by fire, flood, windstorm or other casualty, there shall be no abatement
or reduction in the amounts payable by the LGA pursuant to Section 4. 1
hereof, and the LGA (i) will promptly repair, rebuild or restore the property damaged or destroyed, and (ii) will apply for such purpose so much as may be
necessary of any net proceeds of insurance policies resulting from claims for
such losses as well as any additional moneys of the LGA necessary therefor.
All net proceeds of insurance resulting from claims for such losses shall be paid to the LGA.
Section 5. 10. In the event that title to or the temporary use Of
the Project Site or Project Facilities, or any part thereof, shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, there shall be no abatement or reduction in the amounts payable by the LGA pursuant to Section 4. 1 hereof, and any net proceeds received from any award made in such eminent domain proceedings shall be paid to and held by the LGA in a separate condemnation award account and shall be applied by the LGA in either
or both the following ways as shall be determined by the LGA:
a) The restoration of the improvements located on the Project Site to substantially the same condition as they existed prior to the exercise of said power of eminent domain; or
b) The acquisition of additional real estate, if necessary, and facilities, by construction or otherwise, equivalent to the Project Facili- ties, which real estate and facilities shall be deemed a part of the Project Site and Project Facilities without the payment of any amounts other than herein provided, to the same extent as if such real estate and facilities were specifically described herein.
Any balance of the net proceeds of the award in such eminent domain proceedings shall be paid to the LGA upon delivery to the OWDA of a certifi- cate signed by the Chief Executive Officer of the LGA that the LGA has complied with either paragraph a( ) or (b),or both, of this Section. The OWDA shall cooperate fully with the LGA in the handling and conduct of any prospective or pending condemnation proceedings with respect to the Project
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Site or Project Facilities or any part thereof. In no event will the LGA
voluntarily settle or consent to the settlement of any prospective or pending
condemnation proceedings with respect to the Project Site or Project
Facilities or any part thereof without the written consent of the OWDA.
ARTICLE VI -PRIVATE BUSINESS USE RESTRICTIONS
Section 6. 1. With respect to the financing of Project Facilities
by the OWDA as provided herein, the LGA agrees as follows:
a) At no time will 10%or more of any Project Facility or Project
Site to be financed with funds borrowed from the OWDAO W("DA Funds"b)e used
for any private business use (as hereinafter defined) while at the same time
the payment of the principal of, or the interest on, the OWDA Funds is
directly or indirectly (i) secured by any interest in (A) property used or to be used for a private business use or (B) payments made with respect to such
property or (ii) derived from (A) payments with respect to such property whether or not made to the OWDA) or (B) borrowed money used or to be used for private business use.
b) No portion of the OWDA Funds will be used to make or finance
loans to persons other than other governmental units.
Section 6.2. For purposes of this Agreement, p "rivate business
use"means use (directly or indirectly) in a trade or business carried on by
any person other than a governmental unit (as hereinafter defined).Use of
any Project Facility or Project Site as a member of the general public will
not be considered a private business use. Any activity carried on by a
person other than a natural person shall be treated as a trade or business. Use by an organization which qualifies under Section 501(c)3() of the Internal Revenue Code of 1986, as it may be amended from time to time, shall be considered a private business use.
Section 6.3. For purposes of this Agreement,g "overnmental unit"
means a political subdivision within the United States, including any political subdivision within the State of Ohio, but does not mean the United States or any of its governmental branches, departments or agencies.
Section 6.4. If there is any question about the application of the foregoing restrictions relating to private business uses or loans, the LGA agrees to immediately write the OWDA requesting assistance prior to entering into any agreement which may be prohibited as provided hereinabove.
ARTICLE VII MISCELLANEOUS PROVISIONS
Section 7. 1. Any invoice, accounting, demand, or other
communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or pceerrstiofineadlly,mail, postage prepaid, return receipt requested, or delivered and
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i) in the case of the OWDA, is addressed to or delivered
personally to the OWDA at:
and
The Ohio Water Development Authority
Suite 1425 LeVeque Tower
50 West Broad Street
Columbus, OH 43215
ii) in the case of the LGA, is addressed to or delivered
personally to the LGA at the office of the:
Director of Finance
Village of Granville
118 South Main Street
P. 0. Box 514
Granville, Ohio 43023
or at such other addresses with respect to either such party as that party
may from time to time, designate in writing and forward to the other as
provided in this Section.
Section 7. 2. Any approval of the OWDA required by this Agreement
shall not be unreasonably withheld and shall be deemed to have been given the thirtieth day following the on submission of the matter requiring approval
to the Executive Director of the OWDA unless disapproved in writing prior to such thirtieth day. Any provision of the Agreement requiring the approval of the OWDA or the satisfaction or evidence of satisfaction of the OWDA, shall
be interpreted as requiring action by the Executive Director of the OWDA granting, authorizing or expressing such approval or satisfaction, as the
case may be, unless such provision expressly provides otherwise.
Section 7.3. Upon request of the OWDA, the LGA agrees to execute
the information report required by Section 149 of the Internal Revenue Code of 1986, as it may be amended from time to time, with respect to this Agreement, such form to be completed by the OWDA on the basis of information provided by the LGA. The LGA hereby agrees that the OWDA may file such information report for and on behalf of the LGA with the Internal Revenue Service.
Section 7.4. This Agreement is made subject to, and conditional
upon, the approval of this Agreement as to form by the General Counsel of the OWDA, the receipt of a grant offer for the Project Facilities under Title II of the Clean Water Act Amendments of 1987, and upon the certification of availability of funds as provided in Section 3. 8 hereof.
Section 7.5. This Agreement shall become effective as of the date first set forth hereinabove and shall continue in full force and effect until the final day of the Contract Period of Years, or until the day the wobhilcighaetvieorns of the LGA under Section 4.1 hereof have been fully satisfied, day is later.
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Section 7. 6. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and to any person,
office, board, department, agency, municipal corporation, or
body politic and corporate succeeding by operation of law to the
powers and duties of either of the parties hereto. This Agreement
shall not be assigned by either of the parties hereto without
written consent of the other party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective duly authorized
officers as of the day and year first hereinabove written.
APPROVED AS TO FORM
1
A AA fY\
V 9.M-"Ieneral
Counsel
APPROVED AS TO FORM
The Village of Granville
0-4(Utwi Law Director
OHIO WATER DEVELOPMENT AUTHORITY
3,B:fryo
Executive Director
Village Manager
A -
BY 42*
FinancM Director
BY
BY
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Exhibit A
PROJECT DESCRIPTION
Demolition of existing 100, 000 gallon elevated water
storage facility and erection on the same site of a
500, 000 gallon water standpipe and associated engineering.

Employee Payroll / Compensation

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