The URL can be used to link to this page

Home My WebLink About30-05 Ordinance RECORD OF ORDINANCES Dayton Legal Blank, Ina Form No. 30043 30-05 Passed • Ordinance No. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE WITH EDENSHIER ESTATES, LLC REGARDING CERTAIN CLAIMS, AND APPROPRIATING FUNDS THEREFOR. WHEREAS, in February 2005, the Dublin Cite Council ("Council") amended the Future Land Use Map in the Dublin Community Plan from the 1997 Community Plan designation of "Residential: Medium Density" to "Mixed. Use-Employment Emphasis," "Existing Public/Private Parks," and "Public Park" for a certain area located within the City limits; and WHEREAS, this area was bounded by US 33/SR 161 to the north, Houchard Road to the west, Shier-Rings Road to the south and Avery Road to the east; and WHEREAS, Edenshier Estates, LLC ("Edenshier Estates") submitted various zoning applications prior to the 2005 amendment that complied with the 1997 Dublin Community Plan Future Land Use Map; and WHEREAS, Edenshier Estates expended substantial funds in order to prepare and submit various zoning applications to the City of Dublin ("Dublin") and to make subsequent modifications requested by the City over a period of time based on the future land use identified in the 1997 Community Plan; and WHEREAS, as a result of both Edenshier Estates' and Dublin staff's reliance on Dublin's 1997 Community Plan in preparing and reviewing Edenshier Estates' proposed development of their site, Council and Edenshier Estates wish to enter into a formal release to settle Edenshier Estates' claims; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding authorization to execute a release to settle Edenshier Estates' claims. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the attached formal release with Edenshier Estates and pay Edenshier Estates' claims, which amount to one hundred and ten thousand dollars ($110,000); and Section 2. There shall be appropriated from the unappropriated balance in the General Fund the amount of one hundred and ten thousand dollars ($110,000) to account 101-1119- 710-2840 to settle Edenshier Estates' claims. Section 3. This ordinance shall take effect and be in force from and after the earliest date provided by law. Passed this ~ day of , 2005. . ~J Mayor -Presiding OfFicer ATTEST: I hereby certify that copies of this Clerk of Council, Dublin, Ohio Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. Depu Clerk of Council, Dublin, Ohio ~~SCHOTTENSTEIN ZOX & D U N N CO..LPA MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager FROM: Stephen J. Smith, Law Director Jennifer D. Readler, Assistant Law Director Stephen J. Smith DATE: May 23, 2005 RE: Edenshier Estates Settlement and Release -Ord. 30-OS Summary: In February 2005, the Dublin City Council ("Council";I amended the Future Land Use Map in the Dublin Community Plan from the 1997 Community Plan. These amendments included the area bounded by US 33/SR 161 to the north, Houchard Road to the west, Shier-Rings Road to the south and Avery Road to the east (the "parcel"). Prior to the amendments, Edenshier Estates, in preparation for developing the parcel, submitted various zoning applications that were in compliance with the 1997 Dublin Community Plan Future Land Use Map. Edenshier Estates expended substantial funds to prepare and submit various zoning applications to Dublin and to make subsequent modifications requested by Dublin based on the future land use identified in the 1997 Community Plan. As a result of the funds expended by Edenshier Estates and the potential litigation that could result, Dublin has reached a settlement of all claims with Edenshier Estates. The Law Director's Office has prepared a release and settlement agreement for Council's approval. The attorney for Edenshier Estates, Christopher Cline, has already agreed to the terms of the settlement. Ordinance No. 30-OS has been submitted to Council for approval of the execution of the release and settlement agreement. Recommendation: Legal staff recommends approval of Ordinance No. 30-05. SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter referred to as "Release"), effective on the last date executed below, is executed by and between the City of Dublin (hereinafter "Dublin"), an Ohio municipal corporation, having an address at 5200 Emerald Parkway, Dublin, Ohio 43017 and Edenshier 1?states, LLC, having an address at 90 Woodbridge Center Drive, Woodbridge, New Jersey 07095-0457. (hereinafter "Edenshier Estates"). WHEREAS, in February 2005, the Dublin City Council ("Council") amended the Future Land Use Map in the Dublin Community Plan from the 1997 Community Plan designation of "Residential: Medium Density" to "Mixed Use-Employment Emphasis," "Existing Public/Private Parks," and "Public Park" for a certain area located within the City limits; and WHEREAS, this area was bounded by US 33/SR 161 to the north, Houchard Road to the west, Shier-Rings Road to the south and Avery Road to the east; and WHEREAS, Edenshier Estates submitted various; zoning applications prior to the 2005 amendment that complied with the 1997 Dublin Community Plan Future Land Use Map; and WHEREAS, Edenshier Estates expended substantial funds in order to prepare and submit various zoning applications to Dublin and to make subsequent modifications requested by Dublin over a period of time based on the future land use identified in the 1997 Community Plan; and WHEREAS, as a result of both Edenshier Estates' and Dublin staff's reliance on Dublin's 1997 Community Plan in preparing and reviewing Edenshier Estates' proposed development of their site, Council and Edenshier Estates wish to enter into a formal release to settle Edenshier Estates' claims; {H0543214.2 } THEREFORE, in consideration of the promises, covenants and agreements contained herein, Dublin and Edenshier Estates covenant and agree as follows: 1. PAYMENT Dublin and Edenshier Estates acknowledge and agree that upon the execution of this Release, Dublin will pay ONE HUNDRED TEN THOUSAND DOLLARS ($110,000) to Edenshier Estates, which total sum Edenshier Estates is willing to accept in full and final settlement of all of its claims against Dublin. 2. RELEASE Edenshier Estates LLC, on behalf of itself and its present and former parents, affiliates, subsidiaries, divisions, partners, officers, directors, shareholders, employees, agents, representatives, insurers, attorneys, successors and assigns, and in consideration of the agreements and covenants contained in this Release and the payment received pursuant to this Release, hereby RELEASES AND FOREVER DISCHARGES THE CITY OF DUBLIN, its elected officials, officers, agents, employees, and volunteers from any and all actions, suits, debts and sums of money, complaints, defenses, claims, demands and causes of action, whatsoever, in law or equity, which Edenshier Estates ever had, now may have, or may claim to have in the future related to the appro~:in~aCc 12.301 acre propct~ty located on Shier Ri~n~s Read, Dublin., Ohio. 3. SUCCESSORS All the terms and provisions of the Release shall be binding upon the respective heirs, executors, administrators, representatives, successors and assigns of Dublin and Edenshier Estates. 4. APPLICABLE LAW {H05432142 ~ This Release shall be governed by and in accordance with the law of the State of Ohio. The spirit and intent of this Release is to terminate with finality all claims and disputes by and between Dublin and Edenshier Estates, and this Release shall be interpreted with such spirit and intent. 5. ENTIRE RELEASE OF CLAIMS Dublin and Edenshier Estates agree that the foregoing constitutes the entire Release and there exists no other agreements, oral or written, between Dublin and Edenshier Estates relating to any matters covered by this Release. IN WITNESS WHEREOF, this Release has been executed on the date appearing below. The City of Dublin By: Jane S. Brautigam Its: City Manager Date: Edenshier Estates, LLC By: Its: Date: {H05432142 }