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HomeMy WebLinkAboutResolution 036-18Y#% 0 Members of Dublin City Council From: Dana L. McDaniel, City Mangy Date: August9. 2018 InlKiated By,* Colleen Gilger, Director of Economic Development Jeremiah Gracia, Economic Development Administrator Re: Res. 36-18 and 37-18 - Resolutions & Petition for Property Assessed Clean Energy (PACE) Special Improvement for 525 Metro Place North The City of Dublin is focused on setting appropriate conditions to encourage investment and economic development. City Council continues to support our strategies and tactics to ensure Dublin's office space remains competitive in the market as supported by the Dublin Corporate Area Plan. One particular tool the economic development team has brought to existing building owners" attention is the use a favorable financing tool for major building energy efficiency improvements. Property Assessed Clean Energy (PACE) programs represent a great mechanism available for financing energy efficiency and renewable energy improvement projects. PACE -enabling legislatio is active in 33 states plus the District of Columbia, and PACE programs are now active (launched and operating) in 19 states plus DC. PACE allows qualifying energy improvements to be financed through assessments on a property owner's real estate tax bill. A summary of PACE is provided al an attachment to this memo. PACE special assessments are used to secure local government bonds issued to fund the improvements without requiring the borrower or the sponsoring local government to pledge its credit. By allowing participating property owners to pay for energy improvements to their properties via a bond issue tied to a special assessment on their property tax bill, PACE financing Anables property owners to reduce energy costs with little to no upfront investment. Financing for PACE eligible projects in Central Ohio is provided by the Columbus -Franklin County Finance Authority (Finance Authority). The Finance Authority established the Columbus Regional Special Improvement District that allows for additional properties within the City of Columbus, Ohi# and within any municipal corporation or township that is adjacent to any other municipal corporation or township to opt -in to the District. Projects between $200,000 - $6,000,000 may be financed through the Finance Authority's bond fund. Eligible uses of funds include LED lighting, energy management and controls that includes, HVAC and boiler replacement, building envelope, and other improvements that result in bottom line operation savings for building owners and tenants. The building ownership at 525 Metro Place North is requesting the use of PACE Financing for its energy efficiency improvement project totaling $902,198. A signed PACE Project Development Agreement has been executed between the owner, OH15 Dublin LLC, and the project manager,, Memo re. Res. 36-18 and 37-18 - PACE for 525 Metro Place North August 9, 2018 Page 2 of 3 Plug Smart. The scope of work includes LED lighting upgrades, boiler replacement, cooling tower replacement, and other temperature control upgrades. In order to satisfy this request, the City of Dublin must pass a series of Resolutions on August 13, 2018 and Ordinances on August 27 and %ol September 10, 2018 Council meetings. These Resolutions and Ordinances will allow building ownership to opt -in to the Regional Special Improvement District. The City has no financial obligations with the establishment of a Special Improvement District for this project. The City simply serves as a pass through entity for the project financing. Therefore, future Ordinances will receive readings on August 27 and September 10, 2018, and will be titled as emergencies to allow for closing to take place following the second reading on September 10, 2018. Timing is of the essence for these documents so that the building owner may schedule a closing and complete the necessary energy improvements to their office building. Staff recommends Council passage of Resolution No. 36-18 and Resolution No. 37-18 on August 13, 2018. Please contact Jeremiah Gracia with any questions. Memo re. Res. 36-18 and 37-18 - PACE for 525 Metro Place North August 9, 2018 Page 3 of 3 J" WHAT IS PACE? ate. c'trqse; MACE) Is, a fmancing louvw5t, Wroll - tit r Or eviel-gy efficlency, y c .1t riot; tit tr.-'in trie reguism tax NK 11 14�1".'�'�"--rt ��'.sidvyvv beyell Ar otn'i lk':"wcall CEMCI Or COMMACAL M011;) ict properties., -ca HOW DOES IT WORK? ' 11 1.#,`'.&t,c .1 e z bb ski ed "y b t VT E 1 S 0t c� wevj)[1011 FwAust newds. Rate progrims, and local been suc Z -es -s% "li-y frn.flernen toot! of thew awye "-'�-"-;,4[d tAr'Lit" ca federal flair ma nen to rty 0C. ,11 1 i Ll A Ci a ',i �Tr y, z" s 'a� n, ru t i.:112 WHY IS IT SO POPULAR.? C'E tAhoyy van furld 20 W's" 101100S that 41112act ors tilt! botto'r,,'i firsc-,% The WIM181. 2 Pi t -E IMIQld 1AL111hy annino d annessrivent psy,ment, sc) ty then; an, inuensed dc'AHIU'r's 11 �t C"'ir"i other t 100JAAS, bUdIlMovy emaenes, Or 1, usir-f4 yp� r,'Siso ry PACE 01011 s�'- thek� new tousinevS tt L projec""s alsoc', "i impla of saziir HOW CAN I GET PACE? h, you need to im .- a. ct-1 k tt:,; "c"'c", d" y""'ur stwe 11z"i s i FACE it" fe," 341 11. nct C I L! S I G 01 d OU t vi We M ,<1 5:.. t i a to v 12 i n d Cal? 1 opyl e r e i'.ib-w: to ez."' csi-,sii a you in touch with a worby EVIAXITS OF PACE iPP L".-- RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 36-1.8 Passed A RESOLUTION APPROVING THE PETITION FOR SPECIAL ASSESSMENTS FOR SPECIAL ENERGY IMPROVEMENT PROJECTS UNDER OHIO REVISED CODE CHAPTER 1710 (525 METRO PLACE NORTH PROJECT) ,20 WHEREAS, as set forth in Ohio Revised Code Chapter 1710, the Ohio General Assembly has authorized property owners to include their properties within energy special improvement districts C'ESIDs") upon a petition to a municipal corporation or township, which ESIDs are voluntary organizations of property owners who undertake special energy improvement projects for their properties and finance such special energy improvement projects by way of -voluntary special assessments; and WHEREAS, OH 15 Dublin LLC (the "Owner'7, as the owner of certain real property located within the City of Dublin, Ohio (the "City"), has identified certain real property located at 525 Metro Place North, Dublin, Ohio (the "Project Site', as an appropriate property for a special energy improvement project pursuant to Ohio Revised Code Chapter 1710; and WHEREAS, the Bexley, Columbus, Dublin, Grove City, Hilliard, Perry Township, Whitehall, Worthington Regional Energy Special Improvement District (the "District") was created under Ohio Revised Code Chapters 1702 and 1710 as an ESID and established pursuant to Resolution No. 0261X-2015 of the Council of the City of Columbus, Ohio approved on November 23, 2015 (the "Creation Resolution'. WHEREAS, pursuant to the Creation Resolution, the Columbus Regional Energy Special Improvement District Program Plan (as amended and supplemented from time to time, the "Program Plan") was adopted as a plan for public improvements and public services under Ohio Revised Code Section 1710.02(F), which plan allows for additional properties within the City of Columbus, Ohio and within any municipal corporation or township which is adjacent to any other municipal corporation or township in which a portion of the District's territory is located to be added to the territory of the District; and UVHEREAS, pursuant to Resolution No. 60-17, adopted by the City Council of the City (the "Council's on August 14, 2017, the Council approved the addition of certain real property located within the City to the territory of the District and further approved the City's participation in the District as a "participating political subdivision," as defined in Ohio Revised Code Section 1710.01(E); and WHEREAS, the Owner has determined to submit to the City Manager and the Council, a Petition for Special Assessments for Special Energy Improvement Projects and Affidavit (the "Petition', together with a Supplement to Plan for the 525 Metro Place North, Dublin, Ohio Project (the "Supplemental Plan', all in accordance with Ohio Revised Code Section 1710.02, each of which are now on file with the Clerk of Council; and WHEREAS, the Petition and Supplemental Plan request that the Project Site be added to the District and that the City levy special assessments on the Project Site to pay the costs of a special energy improvement project to be provided on the Project Site, all as described more particularly in the Petition and the Supplemental Plan (the "Project"); and WHEREAS, the Petition is for the purpose of developing and implementing special energy improvement projects in furtherance of the purposes set forth in Section 20 of Article VIII of the Ohio Constitution, including, without limitation, the Project, and further, the Petition identifies the amount and length of the special assessments to be imposed with respect to the Project; and WHEREAS, in furtherance of the future addition of any real property in any municipal corporation or township contiguous to the municipal corporations or RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 36-18 Page 2 of 2 Resolution No. _ Passed _ -------- -----_ - - --- -__ _—, 20 townships in which a portion of the territory of the District is located, it is necessary, and this Council has determined, to approve the addition of such real property to the territory of the District, all in accordance with Ohio Revised Code Chapter 1710; and WHEREAS, this Council, as mandated by Ohio Revised Code Chapter 1710, must approve or disapprove the Petition within 60 days of the submission of the Petition; and WHEREAS, this Council has determinE.,d to approve the Petition, the Program Plan, and the Supplemental Plan. NOW, THEREFORE, BE IT RESOLVEID by the Council of the City of Dublin, State of Ohio, r7 of the elected members concurring, that: Section 1. This Council approves the Petition and the Supplemental Plan now on file with the Clerk of Council. Section 2. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this legislative resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal quirements, including Ohio Revised Code Section 121.22._ /� Sig Mayor — Presid'Vhc(Offic est: Clerk of Council Passed: Qy4a5t `-7 , 2o1s Effective: �3 -12018 NI& PETITION FOR SPECIAL ASSESSMENTS FOR SPECIAL ENERGY IMPROVEMENT PROJECTS AND AFFIDAVIT To.- The City Manager and it Council of the Cit v of Dublin., Ohio W 014 15 Dublin UX, a, Delaware limited liability company registered to do business in the State of Ohio (the "Petitioner") is the owner of 1,00% of the, real. property described on Exhl*bl*t A attached to this Petition (the"'Property"). The Board. of Directors of the Bexley, Columbus, Dublin, Grove City,Hilliard., Perry ownship, Whitehall, Worthington Regional Energy Special Improvement District doing business under the registered trade name the Columbus Regional Energy Special Improvement District (the "Corporation"), an. Ohio nonprofit corporation formed to govern the Columbus Regional Energy A Special Improvement Distri.ct (the "District"), initially created within the boundaries of the City of Columbus, Ohio, has approved a plan, the "'Progrc-U-11 Plan"') for the purpose of developing and implementing special energy improvement prqj*ects, as defined in Ohio Revised Code Section 1710.01.(1). The Proaram Plan is attached to this Petition as Exhibl"t C. I"t- 'Pursuant to the Program Plan, the Corporation has caused special energy improvement projects to be provided from time to time. In accordance with Ohio Revised Code Chapter 1710 and the Program Plan. the Program Plan may be amended - Tom time to time bigsupplemental plans f the "Supplemental Plans") (the Prograni Plan and every Supplemental Plan together constituting the "Plan") to provide -for additional special energy improvement prqjects,,,-and the District may be enlarged from time to time tonclude additional. property so long as at least one special energy improvement project is designated for each parcel of real property within -the additional territory added to the District. The Board of Directors of the Corporation has received the Supplemental Plan attached to this Petition as E B, including the description. of the special energy improvement projects proposed to be constructed or installed on the Property (the "Authorized Improvements"),, and related materials in support of the expansion of the District to include the Property. As required by Ohio Revised Code Section 1710.02, the .petitioner, as the owner of the Property., being 1.00% of the area proposed to be added to the District and 100% of the area proposed to be assessed for the Authorized Improvements, hereby (a) petitions the City Council (the "Council") of the City of Dublin, Ohio (the "*City") to 01 .) approve the addition of the Property to the District and (ii) approve an amendment and supplement to the Plaii by the Supplemental Plan to include the Authorized Improvements and (b) requests that (i) the Authonized Improvements- be undertaken. 'by the District, and (ii) the total cost of those Authorized Improvements be assessed on the Property in proportion to the special.benet s that will result ftom the Authorized Improvements. In connection with this Petition and in furtherance of its purposes, the Petitioner acknowledges that it has reviewed or caused to be reviewed (i) the Plan and the Supplemental Plan, (Ii) the plans, specifi.cations and profiles for the Authorized Improvements, (iii) the estimate of cost for the Authorized. Improvements included in the Supple -tet al Plan and (iv) the schedule of estimated special assessments tobe levied for the Authorized Improvements also included in. the Supplemental Plan. The Petitioner acknowledges that the estimated special assessment is in proportion to the benefits that may result from the Authorized Improvements. Icor dl'nglv, the Petitioner hereby petitions for the construction of the Authorized Improvements identified in this Petition and the Supplemental Plan attached to this Petition as Exhibit B, as authorized under is RevisedCode Chapter 1710, and for the imposition of the special assessments identified in this Petition and authorized under Ohio Revised Code Chapters 727 and 1710 :the ""Special Assessments") to pay the costs of the Authorized Improvements, in the arnount set forth on Exhibit B. The Petitioner hereby certit'les, represents,,, and warrants to the District ati d the City that the actual costs of the Authorized Improvements have been ascertained. `The Petitioner further agrees that it will be solely responsible for -any costs of the Authorized Improvements in excess of the aniount set forth on Exhibit B. In consideration of the City " s acceptance of this Petition and the imposition of the requested Special Assessments., the Petitioner consents and agrees that the Property as identified in Exhibit A shall be assessed for all of the costs of the Authorized Improvements,, including any and all architectural. engineering, legal, insurance, consulting, energy auditing, planning, acquisition installation,. construction., surveying, testing and inspection costs; the amount of any damages resulting from the Authorized Improvements and the interest on such daniages; the costs incurred in, connection with the preparation., levy and collection of the Sp ci l Assessments, the cost of purchasing and otherwise acquiring any real estate or interests in real estate, expenses of legal services'.*, costs of labor and niateriall, trustee fees and other financing costs incurred in connection ith, W1 the issuance, sale,, and servicing of securities, nonprofit corporate obligations, or other obligations issued or incurred to provide a to or to secure an advance of funds to the owner of the Property or otherwise to pay costs of the Authorized Improvements in anticipation of the receipt of the Special Assessments,., capitalized *interest on, and financing reserve funds for, such securities nonprofit corporate obligations, or other obligations so issued, including any credit enhancement fees,, trustee fees, program administration fees, financing servicing fees, and District administrative fees and expenses*, an amount to reflect interest on -unpaid Special Assessments which, shall. be treated as part of the cost of the Authorized Improvements for which. the Special Assessments are made at ail interest rate which shall be determined by the District or the CChin ibus-Frmiklin County Finance Authority as its Conduit Financing 1ntlty to be substantially equivalent to the fair market rate that would have been borne by notes or bonds if notes or bonds had been 'Issued by the District , the Columbus -Franklin County Finance Authon*ty,car another -issuer of notes or bonds to pay the costs of the Authorized Improvements, together with all other necessary expenditures. Page 2 of 6 In consideration of -the AuthorizedImprovements, the Petitioner, for itself and its grantees and other successors with respect to the Property, agree to pay promptly all Special Assessments as they become due, and. agree that the determination by Council of the Special Assessments in accordance with. the terms hereof will be final., conclusive and. binding upon the Petitioner and the Property. In further consideration of the Authorized Improvements,, the Petitioner covenants and agrees to disclose.,, upon the transt-er of the Property or any portion of the Property to be special assessed for the actual costs of the Authorized Improvements set I`orth in Exhibit B, in the deed to the transferee or in a separate instrument recorded with. respect to the Property the existence of any outstanding Special Assessment for the Authorized Improvements and to require that transferee covenant to disclose that information in any subsequent deed or in a separate instrument recorded with respect to the Property at the time of the subsequent transfer so long as the Special Assessments remain unpaid.. As a condition to each subsequent transfer while the Special Assessments remain unpaid, the Petitioner further covenants and agrees to provide expressly in the deed to any transf7eree or in a separate instrument recorded with respect to the Property at the time of the subsequent transfer (a) for the acquisition by the transferee of the Property se a to any outstanding Special Assessment and the transferee's assumption of responsibility -for payment thereof and for the waiver by the transf"eree of any rights that the Petitioner has waived pursuant to this Petition,, and (b) the requirement that each. transferee from time to time of the Property covenant, to include in the deed to any subsequent transferee or in a separate *instrument recorded with respect to the Property at the time of the subsequent transfer the conditlons described in clause (a) so to as the Special, Assessments remain unpaid. Tie Petitioner further acknowledges and confirms that the Special Assessments set forth this Petit* on and in. the Supplemental Plan attached as Ex h ibit B are in proportion. to, and do not exceed, the special. benefits to be conferred on. the Property by the Authorized Improvements identified in this Petition. 'r .e Petitioner -further consents to the levying of the Special Assessment against the Property by the Council. 'The Petitioner acknowledges that these Special Assessments are fair, just and equitable and being imposed at the Petitioner's specific request. The Petitloner hereby waives notice and publication of all resolutions, legal notices and hearings provicted for in the Ohio Revised Code with respect to the Authorized Improvements and the S- eical Assessments, particularly those in Ohio Revised Code Chapters 727 and 1710 and P consent to proceeding with the Authorized Improvements. 'Without limiting the foregoing, the Petitioner specifically waives any notices and rights Linder the follow l.ng Ohio Revised Code Sections*. o The right to notice of the adoption oft e Resolution. of 'Necessity under Ohio Revised Code Sections 727.13 and. 14; 0 `Fhe right to limit the amount of the Special Assessment under Ohio Revised Code Sections 727.03 and 727.06; o The right to file an. oNection to the Special Assessment under Ohio Revised Code Section. 727.151 0 The right to the establishment of, and any proceedings by and any notice from an Assessment Equalization Board -under Ohio Revised Code Sections 727.1.6 and.17; 0 The right to file any claim. for damages under Ohio Revised Code Sections 727.18 through 727.22 and Ohio Revised Code Section, 727.43 - The richt to notice that bids or quotations for the Authorized Improvements may exceed. estimates by 15%1 - The right to seek. a de-Ferral of payments of Special Assessments under Ohio Revised Code Section 727.25 1; and The right to notice of the passage of the Assessing Ordinance under Ohio Revised Code Section 727.26. The Petitioner consents to theCouncil promptly proceeding with all actions necessary to facilitate the acquisition., instal Nation., and construction of the Authorized Improvements and to impose the Special Assessments. The Petitioner further agrees not to take any actions, or cause to be taken any actions, to place any of the Property in an agricultural district as provided for in. Ohio Revised Code Chapter 929, and if any of the Property, is in at -i agricultural district, the Petitioner, in accordance with Ohio Revised Code Section. 929.0 3, hereby grants permission to collect any Special Assessments levied against such Propertv. W The Petitioneracknowledges that the Special Assessments set forth in this Petition and in the Exhibits to this Petition are based upon an estimate of costs, and that the final Special Assessments shall be calculated in the same manner,, which, regardless of any statutory limitation on the Special Assessments,,, may be more or less than the respective estimated Special Assessments for the Authorized Improvements. In the event the final assessments exceed the estimated assessments, the Petitioner, without limitation of the other waivers contained in this Petition., also waives any rights it may now or in the future have to object to those assessments, any notice provided for in Ohlio Revised Code Chapters 727 and 1710, and any rights of appeal *ded- for in such Chapters or otherwise. The Petitioner further acknowledges and re resents prov] p that the respective final. assessments may be levied at such time as determined by the City and regardless of 'whether or not any of the parts or portions of the Authorized Improvements have been completed. The Petitover further acknowledges that the -finalSpecial Assessments for the Authorized Improvements, when levied against the Property, will be payable in. cash within thirty (30) days from. the date of passage of the ordinance confirming and. levying the final assessments and that if any of such assessments are not paid in cash they will be certified to the County Auditor of Franklin County,, Ohio as provided by law, to placed on the tax. list and duplicate and collected as other taxes are collected. Notwithstanding the foregoing, however, the Petitioner hereby waives the right to pay the final assessments for the Authorized Improvements in cash within thirty (30) days from the passage of the ordinance confirming and levying the final assessments and requests that the unpaid final. assessments for the Authorized Improvements shall be payable in twenty-two (22) semi-annual installments,, with collection commencing on the earliest date permitted by said County Auditor, but in no event. sooner than the semiannual *Installment payment of first-half real property taxes for tax year '2.0 19 due with respect to the Property. Pursuant to Ohio Revised Code Section 1710.03(C), the Petitioner hereby appoints the duly elected members of the Board of 'Directors of the District as its designee to caiTy out the rights and responsibilities of District mernbers tinder Ohio Revised Code Chapter 17 10 or such representfative 0��E as may be dulyappointed by the Petitioner from time to time, which designation shall not expire unless and until the Petitioner shall notify the Secretary of the District that said designation is no longer in effect or that Petitioner has made a new designation to replace said deli tination. Z:> The Petitioner further waives any and all questions as to the constitutionality of the laws under which Authorized Improvements shall be acquired'. installed, or constructed or the proceedings relating to the acquisition, in,stallati.on, or construction of the Authorized Improvements, the Jurisdiction of the City acti.nin connection with the acquisition, installation 9 or construction. of the Authorized, Improvements, all irregularities, errors and defects, if any, procedural or otherwise, in. the levying of the assessments or the undertaking of the Authorized Improvements, and specifically waives any and all rights of appeal, including any right of appeal as provided in. Ohio Revi.sed Code Title 7. and speciffically but without limitation, Ohio Revised Code Chapters 727 and 1710, as well as all such similar rights under the Constitution of the State of Ohio and the Charter of the City. The Petitioner represents that it will. not contest,,, in a judicial. or administrative Croce edi.ngthe undertaking of the Authorized Improvements, the estimated assessments, the final assessments, and any Special Assessments levied against the Property for the Ruth orizedImprovements,, or any other matters related to the foregoing. The Petitioner acknowledges and understands that the City and the Corporation will 'be relying upon this Petition in taking actions pursuarit to it and expending resources. This Petition therefore shall. be irrevocable and shall be binding upon the Petitionerl any successors or assigns of the Petitioner, the Property, and any grantees, mortgagees, lessees, or transferees of the Property. The Petitioner acknowledges that it has had an opportunity to be represented by legal counsel in this undertaking and has knowingly waived the rights identitiedin this Petition. The Petitioner further deposes and states that this Petition and actions provided for herein (_mpose burdens and obligations upon the Property and provide for Special Assessments to be levied upon. the Property in accordance with. this Petition, and -that this Petition is available tor inspection at the office of the Clerk of Council of the City. [Balance of Page Intentionally I.Jeft Blank] Page 5 of 6 IN WITNESS WHEREOF, the Petitioner has caused this petition to be executed by its undersigned duly authorized signatory. PETITIONER: OH15 DUBLIN LLC, a Delaware limited liability company By: Name: _++6w A • �u Title: v � C C ?(esf dey%k Address for notices to Petitioner: STATE OF 'V'10r\A SS: COUNTY OF OH 15 Dublin LLC c/o The Gladstone Companies 1521 Westbranch Drive, Suite 100 McLean, VA 22102 Attn: Karen Priesman Senior Asset Manager On the 3 1 day of � /Y , 2018, l��T//u. 4.J %�C,/<<2i� , as the V 6res i aA'(eim.f of OH 15 DUBLIN LLC, personally appeared before me, a notary public in and for the State of Ohio, who acknowledged the execution of the foregoing Petition on behalf of OH 15 DUBLIN LLC and that the same was the free act and deed of such officer and of such limited liability company. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year aforesaid. ,eQoa0000�ef e KR C) NOTARY �OAV PUBLIC " r : R E G # 7524415 : 0 = [SEAL] Q : MY COMMISSION O •. EXPIRES ���� •�. • 513112020 . ••• (('��� ee#011011110% e ALTH O %%% e1111 Page 6 of 6 Notary Public EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The real property subject to this Petition and owned by OH 15 Dublin LLC is located at the commonly used mailing address 525 Metro Place North, Dublin, Ohio with Franklin County Auditor Parcel ID No. 273-001343-00, and having the following legal description: Situated in the Cita,- of Dublin, County of Franklin, Mate of Ohio, described as fellows: PARCEL. ONE: Situated in the State of Ohio, County of Franklin and City of Dublin, and being located in Virginla Military Surrey 2.419 and being a 6.013 acre tract of land out of Lot No. 5 of "Metrocenter", which is a subdivision in the Village of Dublin, Ohio and a plat of which is of record in Plat Book 55, Pages 8 and 9, Recorder's Office, Franklin County, Ohio, and being bounded and more particularly described as follows: 6eglnning at a point in the Northerly right of way line of Metro Place South (60.0 feet in width, that is located South 506 07' 29" East, 50.91 feet from the Southwesterly corner of said Lot No. 5, a Southeasterly corner of Reserve '8' of said "Metrooenter"; Thence North 35° 43' 00" Cast, 78.27 feet to a point of curvature to the right; Thence along the arc of said curve (Delta = 171 17' 00", Radius = 131.50 feet), a chord bearing and distance of North 440 21` 30" East, 39.55 feet to a point of tangency; Thence North 53* 00' 00" East, 545.07 feet to a point; Thence South 810 38' 45" East, 233.52 feet to a point in the Southerly line of Reserve '8'; Thence along said Southerly line, South 360 421 35" East, 18.86 feet to an angle point in said line; Thence continuing along said Southerly line, North 5S° 33' 15" East, 19.60 feet to a point; Thence South 81° 38'45" East, 3.34 feet to a point; Thence South 08121' 15" West, 998 feet to a point in the Northerly right of way line of Metro Place South; Thence along said right of way line, North 810 38'45" west, 165,84 feet to a point of curvature of a curve to the left; Thence along the arc of said curve (Delta : 120 33' 39", Radius = 1180.0 feet), a chord bearing and distance of Nod -h 870 55' 35" west, 258.1.7 feet to a point of reverse curvature; Thence along the arc of a curve to the right (Sub -Delta = 39° 55' 24", Radius = 420 feet), a chord bearing and distance of North 7410 14' 42" west, 285.77 feet to the place of beginning; and containing 6.013 acres, more or less. [Continued Next Page] A-1 PARCEL PUVO: Him COLUMBU'S REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT PROGRAM� PLAN SUPPLEMENT TO PLAN FOR 525 METRO PLACE NORTH, DUBLIN, 01110 PROJECT As more fully provided by the Columbus Regional Energy Special ImprovementDistrict Program Plan (together with all pre'vi.ouslv approvedsupplemental plans, the "Plan"), the Columbus Ener Regional Engy Special Improvement District (:the "'District") has undertaken the administration of a property assessed clean, energy (`PACE") program (the ""Program"). TheProgram. will provide III financing securea I r)y special assessments on real property for special energy improvemeats ects. qj Through a Petition submitted in connection with this Supplemental Plan,, OH 15 Dublin LLC (the '4"Property Owner"") has requested and consented to certain specia.1-assessm-ents by the District with respect to certain real property owned by the Property Owner and located at thecommonly used address 525 Metro Place North, Dublin, Ohio, withFranklin County Auditor Parcel ID No. 273- 001.34-3-00 (the "Property"'). A proposed schedule for special assessments to be assessed against the Property to pav the costs of the Authori.zed Improvements Is attached hereto as Attachment.A. V The Property Owner hereby certifies ', represents, and warrantsto the City of Dublin, Ohio (the "City") and the DIstrict that the actual. costs of the Authorbeen ascertained. The Authorized Improvements applicable to the Property will include: the acquisition,, construction., installation improvement., and equipping of high -efficiency 1,ED fight.ng 'up_gra des, a high- ef ency natural. gas bo °, a high -efficiency replacement cooling tower, variable flow upgrades, MUA uni t- upgrades., elevator upgrades, tridium controls, and re lated improvements. As required. by Ohio Rev Coae Section 1710.01(K.), said Authorized Improvements are, anticipated to reduce or support the reduction of energy consumption, allow -for reduction in demand, or support the production of clean, renewable energy. A detailed description of the Authorized Improvements is attached to this Supplemental Plan as.Att.chore nt B. The Property Owner will cause this Supplemental Plan promptly to be filed with the Board of Directors of the District and withthe Clerk of Council. of the City. The undersigned owner of real propert- I I y located within the D*str*ct acknowledges that the District and the City are subject to Ohio public records laws, including Ohio Revised Code Section 149.43 et seq. The undersigned property owner agrees to the disclosure of certain property owner *Information by the'District or the City to the extent required by law,