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HomeMy WebLinkAboutOrdinance 053-20RECORD OF ORDINANCES BARRETT BROTHERS - DAYTON, OHIO Form 6220S 53-20 Ordinance No. Passed , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A REAL ESTATE PURCHASE AGREEMENT TO CONVEY 0.002 ACRES OF LAND LOCATED BETWEEN NORTH HIGH STREET AND DARBY STREET AND AUTHORIZING THE EXECUTION OF VARIOUS RELATED DOCUMENTS WliiEREAS, the City owns a strip of land between Darby Street and North High Street that includes an existing brick walkway and a landscaped/mulched area with a width of approximately 7 feet and a length of approximately 30 feet; and WHEREAS, Thelma L. Hill, Trustee (the "Buyer's owns a parcel adjacent to the strip of land at 35 North High Street and the Buyer desires to purchase 0.002 acres of the strip of land ("the Premises' as outlined in the attached survey from the City in order for the tenant operator of Tucci's restaurant to expand its restaurant operations; and WHEREAS, the City engaged an appraiser to estimate the value of this property, and the value has been estimated at $90 per square foot; and WHEREAS, the City no longer needs the Premises for public purposes and desires to sell the Premises to the Buyer. NOW, THEREFORE, BE IT ORDAINED by the Counc'I of the City of Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of the elected members concurring, that: li ---- Section 1. Authorization of Aqreements. The Real Estate Purchase Agreement, in the form presently on file with the Clerk of Council, is hereby approved and authorized with such changes therein not inconsistent with this Ordinance and not substantially adverse to this o Cit/ and which shall be approved by the City Manager. it The City Manager, for and in the name of this City, is hereby authorized to execute the formgoing agreement, provided further that the approval of changes to any such agreement by that official, and their character as not being substantially adverse to the City, shall be evidenced conclusively by the execution thereof. This City Council authorizes the City Manager, for and in the name of the City, to execute any amendments to the agreement, which amendments are not inconsistent with this Ordinance and not substantially adverse to this City. i Section 2. Real Estate Transfers. The City Manager is hereby authorized to execute any and all agreements and other instruments necessary to implement the real estate transaction contemplated in the attached Real Estate Purchase Agreement. Section 3. Further Authorizations. This City Council further hereby authorizes and directs the City Manager, the Director of Finance, the Director of Law, the Clerk of Council or other appropriate officers of the City to prepare and sign all documents and instruments this rdinance. Section 4. Open Meetings. This City Council finds and determines that all formal actions ,of this City Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Council and that all deliberations of this City Council that resulted in those formal actions were in meetings open to the public, all in compliance with the law including Ohio Revised Code Section 121.22. Section 5. Effective Date. This Ordinance shall take effect and be in force from and after the earliest date permitted by law. BARRETT BROTHERS • DAYTON, OHIO 53-20 Ordinance No. RECORD OF ORDINANCES Page 2 Passed— Passed assed_ Passed this day of , 2020 Mayor —Presiding Officer ATTEST: le- ClE,.rk of Council Form 6220S 7City of Dublin Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: November 10, 2020 Initiated By: Jennifer D. Readler, Law Director Jennifer M. Rauch, AICP, Planning Director Memo Re: Ordinance 53-20 —Real Estate Purchase Agreement - Thelma L. Hill Trustee (Tucci's Restaurant) Summary Ordinance 53-20 is a request to authorize the City Manager to enter into a real estate purchase agreement to convey 0.002 acres of land located between N. High Street and Darby Street, and to authorize the execution of various related documents. Background The owner of Tucci's located at 35 N. High Street approached the City to inquire about the purchase of a portion of city -owned property located on the north side of the existing restaurant building to accommodate a future building expansion. The City -owned property is a 12 -foot wide strip of land running east to west, connecting N. High Street and Darby Street with an existing sidewalk and landscape area. The applicant is proposing to expand the building to accommodate a wine room, north of the building, with an approximately 215 -square foot building addition. The north elevation of the building is proposed to be modified, which today is concrete block construction. The proposed architectural style of the addition is a lean-to shed roof addition clad in vertical board and batten siding painted to match the existing structure. The conceptual elevations depict two trellis accents, and new landscaping to soften the appearance of the addition from the public walkway. The proposed expansion would encroach into the city -owned property approximately 3.5 feet. The applicant requests to purchase the area needed to accommodate the expansion. The area is located within the Historic District and any site or building modifications require the review and approval of the Architectural Review Board. The Architectural Review Board informally reviewed the proposed expansion on October 28, 2020 and expressed support for the proposal. A formal application has been submitted and is expected to be reviewed for determination at the Architectural Review Board meeting in November. Real Estate Purchase Agreement The attached real estate purchase agreement memorializes the terms of sale. The purchase price of $7,840.80 is consistent with the appraisal obtained by the City, which valued the property at $90 per square foot. As part of the closing, the agreement requires the Purchaser to combine the property purchased with the Purchaser's property located at 35 N. High Street. Memo re. Ord 53-20 November 10, 2020 Page 2 of 2 Recommendation City Council approve Ordinance 53-20 at the second reading/public hearing on December 7, 2020. REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT (hereinafter the "Agreement") is made and entered into on the day of , 2021_ (the "Effective Date") by and between the CITY of DUBLIN, Ohio, an Ohio municipal corporation (the "City"), having an office at 5555 Perimeter Drive, Dublin, Ohio 43017, and THELMA L. HILL, TRUSTEE ("Purchaser"), having an office at 9465 Santa Clara Circle, Plain City, Ohio 43064. The City and Purchaser may hereinafter be referred to individually as a "Party", or collectively as the "Parties." BACKGROUND INFORMATION WHEREAS, the City is the owner of approximately 0.040 acres along the north side of Purchaser's property at 35 N. High Street, Dublin, Ohio 43017 in the City of Dublin, County of Franklin and State of Ohio, consisting of parcel no. 273-012200 which is more fully described in the attached Exhibit "A" (said real property, together with all improvements constructed thereon, and all rights, appurtenances and hereditaments appertaining thereto, shall hereinafter be referred to as the "Pronerty"); and WHEREAS, the Purchaser has asked the City to sell a portion of the Property consisting of 0.002 acres with an approximate width of 7 feet and a length of 30 feet, which is more fully described on Exhibit `B" (said real property, together with all improvements constructed thereon, and all rights, appurtenances and hereditaments appertaining thereto, shall hereinafter be referred to as the 'Premises"); and WHEREAS, the City has determined that the Premises is no longer needed for a public purpose; and WHEREAS, Section 37.04 entitled "Exceptions and Alternatives to Competitive Bidding" provides in part: "(J) Real Estate. The Council may, by ordinance, provide for the sale or lease of real property with or without public bidding, on such terms and for such value as Council, in the exercise of its discretion, may deem reasonable and in the best interest of the city.'; and WHEREAS, the City requested and received independent appraisal reports of the Premises and such reports confirm the negotiated purchase price herein is within the appraisal range for the Premises of $90 per square foot; and WHEREAS, it is the desire of the Parties to memorialize the terms of the real estate purchase in this Agreement. STATEMENT OF AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Purchaser covenant, agree and obligate themselves to the foregoing Background hiformation and as follows: ARTICLE I SALE AND PURCHASE OF THE PREMISES 1. Sale. The City hereby agrees to sell and convey to the Purchaser, and the Purchaser hereby agrees to purchase and obtain from the City the Premises. The Parties acknowledge and represent that this conveyance of the Premises is a voluntary transfer. 2. Purchase Price. The total Purchase Price for the Premises shall be $7,840.80 (the "Purchase Price") which sum shall constitute the entire amount of the compensation due to the City for the Premises described and depicted in the attached Exhibit `B". ARTICLE II 3. Contingent Agreement. The Closing in this Agreement shall be completely contingent upon the satisfaction or waiver of the contingencies set forth in Article II, Paragraph 4 below (individually, a "Contingency" and collectively the "Contingencies"), within thirty (30) days of the execution of this Agreement (the "Contingency Period"). The date upon which the last of the Contingencies is either satisfied or waived, in accordance with Section 4 or otherwise, shall be referred to as the "Contingency Date". 4. Contingencies. The Contingencies are as follows: a. Dublin City Council approving an Ordinance to authorize the purchase of the Premises at the Purchase Price (this contingency may not be waived); and b. The Purchaser shall determine that the Premises shall have soil conditions, as determined by engineering tests or studies satisfactory to the Purchaser, which without substantial corrective measures, permit construction thereon of additional improvements within and upon the Premises; and c. The Purchaser shall have determined, in its sole judgment, that the use and further development of the Premises for the Purchaser's intended use is economically and physically feasible. The Purchaser shall pay all expenses relating to or arising out of the Contingencies. 5. Notice of Satisfaction or Waiver. The Contingencies above shall be deemed to have been satisfied or waived, unless on or before the expiration of the Contingency Period, the Purchaser gives the City written notice of the Purchaser's failure to satisfy the Contingencies. Upon delivery of such written notice, this Agreement shall terminate, and thereafter both Parties shall be fully released from all further liability and obligations hereunder. ARTICLE III EVIDENCE OF TITLE 6. Title Commitment. The Purchaser may obtain a commitment (a "Title Commitment") from a title insurance company licensed to do business in the State of Ohio (the "Title Company") to issue an ALTA Owner's Title Insurance Policy (Form 6/17/06) in the full amount of the Purchase Price of the Premises (the "Title Policy"). The cost of the Title Policy shall be paid by the Purchaser. The Title Commitment will be certified to the Effective Date and will include copies of all recorded documents evidencing title exceptions raised in Schedule B of the Title Commitment. On or before the date of Closing, the Title Commitment must show in the City good and marketable title to the Premises, free and clear of the standard printed exceptions except for the standard printed exceptions contained in the final form of the Schedule B of the Title Policy, and free and clear of all liens, charges, encumbrances and clouds of title, whatsoever, except the following (collectively, the "Permitted Encumbrances"): a. Those created or assumed by the Purchaser; and b. Zoning ordinances, legal highways and public rights-of-way which do not interfere with the Purchaser's intended use of the Premises; and c. Real estate taxes, if any, which area lien on the Premises but which are not yet due and payable; and d. Easements and restrictions of record acceptable to the Purchaser which do not interfere with the Purchaser's anticipated use of the Premises, which shall be reflected in the final form of Schedule B to the Title Policy. The Title Commitment shall fully and completely disclose all easements, negative or affirmative, rights-of-way, ingress or egress or any other appurtenances to the Premises, and shall provide insurance coverage in respect to all of such appurtenant rights. The Title Commitment shall include the results of a special tax search and examination for any financing statements filed of record which may affect the Premises. As used herein, Title Company means Multistate Title Agency, LLC, 3300 Great American Tower, 301 East Fourth Street, Cincinnati, Ohio 45202. 7. Endorsement at Closing. At the Closing, the Title Company shall provide the Purchaser with endorsements to the Title Commitment updating the commitment to the Closing Date and showing no change in the state of the title to the Premises. After the Closing, the Title Company shall issue afinal owner's title insurance policy in the amount of the Purchase Price. 8. Survev. The Purchaser shall, at its own expense, obtain a legal description and survey of the Premises. The survey shall include a legal description of the Premises and shall be certified by the surveyor to the Purchaser and the Title Company. Subject to the approval of the Title Company, the legal description set forth on the survey shall be used in the Title Commitment and policy and in all documents of transfer contemplated hereby. The survey shall be sufficient to waive or insure over any and all questions or survey. 9. Status of Title; Permitted Encumbrances; Obiections. Up and until fifteen (15) days prior to the Closing Date (the "Deadline for Objections"), the Purchaser may provide the City with 3 written objections to the extent that the Title Commitment reveals matters other than the Permitted Encumbrances (the "Objections") which constitute a monetary lien or which interfere with the Purchaser's use of the Premises for its intended purpose. The Purchaser's failure to make written Objections by the Deadline for Objections will constitute a waiver of the Purchaser's right to make Objections. Upon the Purchaser giving the City written notice of Objections, the City may either agree in writing to satisfy the Objections, or in the absence of the City's written agreement to satisfy, the Purchaser shall either waive the Objections, five (5) days prior to the Closing or terminate this Agreement. In the event the Objections are not cured or removed, or in the event the City cannot provide satisfactory evidence that the Objections will be cured on or before the Closing Date or that satisfactory endorsements to the Title Policy will be issued in order to satisfy the Objections, the Purchaser shall make its election at closing, by written notice to the City, to either: a. Accept title to the Premises, at which point such uncured Objections shall be Permitted Encumbrances hereunder; or b. Terminate this Agreement. The Purchaser's failure to make its election five (5) days prior to Closing shall constitute the Purchaser's election to accept title to the Premises, at which point such uncured Objections shall be Permitted Encumbrances hereunder. ARTICLE IV DEED AND OTHER DOCUMENTS 10. Deed of Convevance and Combination of Parcels. The City, as grantor, shall convey to the Purchaser, at the Closing, good and marketable title in fee simple to the Premises by transferable and recordable limited warranty deed under O.R.C. 5302.07, signed by all parties necessary, free and clear of all defects, mortgages, easements, restrictions, reservations, conditions, agreements, liens and encumbrances, except the Permitted Encumbrances. The Purchaser shall as part of the closing combine the Premises with Purchaser's property at 35 N. High Street. 11. Supplemental Instruments. The Parties agree to execute any and all reasonable supplemental instruments or documents necessary to vest the Purchaser with the rights, titles, and interests described and depicted in Exhibit "A". ARTICLE V 12. Tests and Eneineerina Studies. During Contingency Period, the Purchaser shall, at its sole cost, have the right through the Purchaser's associates, employees and/or contractors and agents, upon not less than 24 hours prior notice to the City, which for purposes of meeting the 4 requirements of this Section, notice may be given solely by email to City Manager and City Law Director, to enter upon the Premises for the purpose of surveying, inspecting, making contour surveys, temporary excavations, test borings and other purposes required by the Purchaser to enable the Purchaser to ascertain whether it is feasible to complete the proposed use of the Premises. The Purchaser agrees to reimburse the City for any damage caused to the Premises by its inspection or otherwise caused in connection with the testing and engineering studies performed by the Purchaser or its agents, and the Purchaser assumes full responsibility and liability for any and all claims, fees, costs or expenses (including without limitation, reasonable attorneys' fees and consulting fees) of any kind whatsoever, arising out of any injury to any person and to any damages to any property, arising from or related to any or all of the Purchaser's inspections and/or testing of the Premises or other access to the Premises prior to Closing. ARTICLE VI CLOSING 13. Closing. The Parties agree that the purchase and sale of the Premises shall be closed (the "Closing") no later than fifteen (15) days after the thirty (30) day contingency period (the "Closing Date"), unless otherwise agreed to in writing by the Parties. Said Closing shall be held at a time and place in Franklin County, Ohio as shall be selected by the City, and agreed to by Purchaser. 14. Possession. At Closing, Purchaser shall deliver exclusive possession of the Premises. 15. The City's Closing Documents. In addition to the deed described in Article IV, at the Closing, the City shall deliver to the Purchaser: (i) a closing statement showing the Purchase Price and all charges, prorations and/or credits to the City or Purchaser provided for herein, (ii) all consents, affidavits or other documents reasonably and customarily required by the Title Company to issue the Title Policy, (iii) such evidence of authority as the Purchaser or the Title Company reasonably may deem necessary to evidence the authority of the City's signatory to enter into this Agreement and to consummate the transactions contemplated hereby, and (iv) an affidavit that the City is not non-resident "aliens", "foreign corporation", "foreign partnership", "foreign trust", or "foreign estate" within the meaning of the Internal Revenue Code and Regulations thereunder. 16. The Purchaser's Closing Documents. At the Closing, the Purchaser shall deliver to the City: (i) the Purchase Price, (ii) a closing statement showing the Purchase Price and all charges, prorations or credits to the City or the Purchaser provided for herein, (iii) such evidence of authority as the City or the Title Company reasonably may deem necessary to evidence the authority of the Purchaser's signatory to enter into this Agreement and to consummate the transactions contemplated hereby, and (iv) any other documents reasonably requested by the Title Company. 17. Adiustments at Closing. At Closing, the Parties shall apportion, adjust, prorate and pay the following items in the manner hereinafter set forth: 5 a. Real Estate Taxes and Assessments. The City shall pay or credit against the Purchase Price all delinquent real estate taxes, if any, together with penalties and interest thereon, all assessments which are a lien against the Premises as of the Closing Date (both current and reassessed, whether due or to become due and not yet payable), all unpaid real estate taxes for years prior to Closing, and real estate taxes for the year of Closing, prorated through the Closing Date. The proration of undetermined taxes shall be based upon a three hundred sixty-five (365) day year and on the last available tax rate, giving due regard to applicable exemptions, recently voted millage, change in tax rate or valuation (as a result of this transaction or otherwise), etc., whether or not the same have been certified. It is the intention of the Parties in making this tax proration to give the City a credit in an amount as close as possible to the amount which the City will be required to remit to the County Auditor for the period of time preceding the Closing Date hereof. This estimated tax proration shall be final as of closing. The City warrants and represents that, to its actual knowledge, (1) all assessments presently constituting a lien are shown on the County Treasurer's records and (2) no improvement, site or area, has been installed by any public authority, the cost of which is to be assessed against the Premises in the future. The City further warrants and represents that neither the City nor any of its agents, employees or representatives have received written notice or have actual knowledge of any proposed improvement, any part of the cost of which would or might be assessed against the Premises in the future. The covenants and agreements set forth in this Agreement shall not be cancelled by performance under this Agreement but shall survive the Closing and the delivery of the deed of conveyance hereunder for a period of one (1) year. b. The City's Expenses. The City shall, at the Closing (unless previously paid) pay by credit against the Purchase Price the following: i. The cost of all municipal services and public utility charges due for the Premises (if any) through the Closing Date; and ii. One-half (1/2) the fee, if any, charged by the Title Company for closing the transaction contemplated herein. c. The Purchaser's Expenses. The Purchaser shall at the Closing (unless previously paid) pay the following: i. The cost of the Title Commitment and Owner's Title Policy; and ii. The recording fees required for recording the limited warranty deed; and iii. The cost of the survey referred to in Article III paragraph 8; and iv. One-half (1/2) the fee, if any, charged by the Title Company for closing the transaction contemplated herein. d. Brokers. Each Party represents and warrants that they have not dealt with any real estate broker or realtor in connection with the sale of the Premises, and that no realtor's or finder's fees, brokerage commissions, or other forms of compensation are due to any realtor or broker in connection with this transaction. 6 ARTICLE VII WARRANTIES AND REPRESENTATIONS OF THE PARTIES 18. Warranties and Representations of the City. In addition to any other representation or warranty contained in this Agreement, the City hereby represents and warrants to the best of its knowledge as follows: a. The City or any agent, employee or representative of the City has not received any notice or notices, either orally or in writing, from any municipal, county, state or any other governmental agency or body, of any zoning, fire, health, environmental or building violation, or violation of any laws, ordinances, statutes or regulations relating to pollution or environmental standards, which have not heretofore been corrected; and b. The execution, delivery and performance of this Agreement, and the consummation of the transaction contemplated hereby, will not result in any breach of, or constitute any default under, or result in the imposition of any lien or encumbrance against, the Premises, under any agreement or other instrument to which the City is a party or by which the City or the Premises might be bound; and c. Through and until the Closing Date, the City shall not enter into any easement, lease or other contract pertaining to the Premises, unless otherwise approved herein or in writing by the City; and d. There are no hazardous wastes, hazardous substances, or hazardous materials located in, on or about or generated from the Premises which may require remediation or which may result in penalties under any applicable law; and e. The City is not a "Foreign Person" as that term is defined in the Foreign Investment in Property Tax Act. 19. Breach of Warranties by the Citv Prior to Closing. If, during the pendency of this Agreement, Purchaser determines that any warranty or representation given by the City to the Purchaser under this Agreement was untrue, incorrect, or misleading, in whole or in part, in any material respect, the same shall constitute a default by the hereunder. In such event, the City may give written notice thereof and shall thereafter have the right to terminate this Agreement or the right to pursue in a court of competent jurisdiction a claim for specific performance hereunder. 20. "As Is" Condition. The Purchaser acknowledges and agrees that, except as otherwise expressly stated in this Agreement and/or in any documents provided to the Purchaser by City (i.e., the Deed) at Closing, (a) The City has not made any warranty, guaranty or representation relating to the Premises, (b) The Purchaser is relying solely on its own investigation of the Premises and not on any information provided or to be provided by the City, and (c) The Purchaser agrees to accept the Premises and acknowledges that the sale thereof as provided for in this Agreement is made by the City on an "As Is, Where Is and with all faults" basis, except as otherwise expressly stated in this Agreement and/or in any documents provided to the Purchaser by the City (i.e., the Deed) at Closing. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Purchaser, saving and excepting as otherwise expressly stated in this Agreement and/or in any documents provided to the Purchaser by the City (i.e., the Deed) at Closing, the Purchaser hereby remises, releases and forever discharges the City and its members, managers, agents and employees from any and all obligations, claims, liabilities, suits, costs, expenses, damages, actions and/or causes of action, matured or contingent, known or unknown, which may arise out of, or are in any way or in any manner connected with or related to, in whole or in part, the condition of the Premises, including, but not limited to any claims under applicable Environmental Laws, or otherwise. The term "Environmental Laws" shall mean all present and future federal, state and local laws, regulations and ordinances and principles of common law relating to the protection of the environment, public health or public safety, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act, (42 U.S.C. § 9601, et seq., as amended), the Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seq., as amended), the Clean Water Act (33 U.S.C. § 7401, et seq. as amended), the Safe Drinking Water Act (42 U.S.C. § 300f, et seq., as amended) the Toxic Substances Control Act (15 U. S.C. § 2601, et seq. as amended), any state and local counterparts of such statutes or regulations and any state voluntary cleanup programs, each as amended from time -to -time. The substance of this Section 22 is intended to survive the Closing or earlier termination of this Agreement. 21. Warranties and Representations. All representations and warranties set forth in this Article VII shall be true and correct as of the date hereof and as of the Closing Date, and at Closing, if requested by the Purchaser, the City shall so certify, in writing, in form reasonably requested by the Purchaser. ARTICLE VIII NOTICES 22. Notices. Whenever in this Agreement it shall be required or permitted that notice be given or served by either Party hereto on the other, such notice shall be in writing and shall be deemed served when either delivered in person to the following designated agents for that purpose, or deposited in the United States Mail, by certified or registered mail, postage prepaid, return receipt requested, or with a national courier service (e.g., Federal Express) addressed to the other Party as follows: If to Purchaser: THELMA L. HILL, TRUSTEE 9465 Santa Clara Circle Plain City, Ohio 43064 With copy to: Craig Barnum CUB Restaurants 4330 Tuller Road Dublin, Ohio 43017 M or to such other address as the Purchaser may hereinafter designate by written notice to City. Any notice to be served on City shall be addressed as follows: If to the City: Dana McDaniel City Manager City of Dublin 5555 Perimeter Drive Dublin, Ohio 43017 with copy to: Jennifer D. Readler, Esq. Frost Brown Todd LLC One Columbus, 10 West Broad Street Columbus, Ohio 43215 or to such other address as the City may hereinafter designate by written notice to the Purchaser. ARTICLE IX GENERAL PROVISIONS 23. Governing Law. This Agreement is being executed and delivered in the State of Ohio and shall be construed and enforced in accordance with the laws of the State of Ohio. For all litigation, disputes and controversies which may arise out of or in connection with this Agreement, the undersigned hereby waive the right to trial by jury and consent to the jurisdiction of the courts in the State of Ohio. 24. Entire Agreement. This Agreement constitutes the entire contract between the Parties hereto, and may not be modified except by an instrument in writing signed by the Parties hereto, and supersedes all previous agreements, written or oral, if any, of the Parties. 25. Time of Essence. Time is of the essence of this Agreement in all respects. 26. Assignment This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, legal representatives, successors and assigns. 27. Waiver. No waiver of any of the provisions of this Agreement shall be deemed, nor shall the same constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing waiver. No waiver shall be binding, unless executed, in writing, by the Party making the waiver. 28. Headings. The section headings contained in this Agreement are for convenience only and shall not be considered for any purpose in construing this Agreement. As used in this Agreement, the masculine, feminine and neuter genders, and the singular and plural numbers shall be each deemed to include the other whenever the context so requires. 9 29. Survival. The terms and provisions of this Agreement shall survive the delivery of the deed of conveyance hereunder. 30. Counterparts. This Agreement may be executed in one or more counterparts all of which will be considered one and the same agreement, binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. 31.DayforPerformance. Wherever herein there is a day or time period established for performance and such day or the expiration of such time period is a Saturday, Sunday or legal holiday, then such time for performance shall be automatically extended to the next business day. 32. Severability. If any provision of this Agreement, or any covenant, obligation or agreement contained herein is determined by a court to be invalid or unenforceable, that determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if the invalid or unenforceable portion were not contained herein. That invalidity or unenforceability shall not affect any valid and enforceable application thereof, and each such provision, covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. {Signatures on the next page} 10 THE CITY: THE PURCHASER: THE CITY OF DUBLIN, OHIO Thelma L. Hill, Trustee An Ohio Municipal Corporation By: Dana McDaniel, City Manager Approved asto Form: Jennifer D. Readler, Law Director 11 Its: EXHIBIT A "The Property" EXHIBIT B "The Premises" 0127219.0620173 4851-6024-7248v1 �htbtt A Franklin County Auditor - Michael Stinziano 273-000054-00 Owner Name HILL THELMA L TR Prop. Class C - Commercial Land Use 434 - SUPPER CLUB/NIGHT CL Tax District 273 - CITY OF DUBLIN -WASH I Site Address 35 N HIGH ST Sch. District 2513 - DUBLIN CSD App Nbrhd X0104 Tax Lein No Legal Descriptions 35 N HIGH STREET CAUV Property No VILLAGE OF DUBLIN Owner Occ. Credit 2019: No 2020: No LOT 147 Homestead Credit 2019: No 2020: No Rental Registration No Owner Address 9465 SANTA CLARA CIR Board of Revision No PLAIN CITY OH 43064 Zip Code 43017 Annual Taxes 21,104.74 Transfer Date 08/17/2012 Taxes Paid 21,104.74 Transfer Price .00 Calculated Acreage .23 Instrument Type AF Legal Acreage .00 Current Market Value Taxable Value Land Improv Total Land Improv Total Base $167,600 $432,400 $600,000 $58,660 $151,340 $210,000 TIF $0 $0 $0 $0 $0 $0 Exempt $0 $0 $0 $0 $0 $0 Total $167,600 $432,400 $600,000 $58,660 $151,340 $210,000 CAUV $0 Building Data w Land Use 434 -SUPPER CLUB/NIGHT CLUB Year Built 1955 z� Total Sq Ft 4271 Stories 01 16 Alt om Grade AVERAGE QUALITY 273-000054 03/21/2017 Sketch Legend 1 Al - SKE:SKETCH ONLY 1800 Sq. Ft. 2 A2 - CP1:CANOPY- WD ONLY 140 Sq. Ft. 3 A3 - CS1:COM FR SHED 40 Sq. Ft. 4 A4 - PDI :CONC PATIO 2500 Sq. Ft. 6 A106 - SKE:SKETCH ONLY 2471 Sq. Ft. 1 - 031:RESTAURANT 3635 Sq. Ft. 2 - 084:MULTI USE STORAGE 636 Sq. Ft. 5 - MSP:MASONRY STOOP 140 Sq. Ft. 1 PAVING ASP - PA1:PAVING ASPHALT 2000 Sq. Ft. Disclaimer:The information on this web site is prepared from the real property inventory maintained by the Franklin County Auditor's Office. Users of this data are notified that the primary information source shouk consulted for verification of the information contained on this site. The county and vendors assume no legal responsibilities for the information contained on this site. Please notify the Franklin County Auditor's Real Estate Division of any discrepancies. For: Owner SURVEY PLAT Being a 0.002 acre tract part of Lot 148, Town Plot of Dublin (P.B. 3, Pg. 199), City of Dublin, Franklin County, Ohio Q l< • found iron pin O set iron pin (capped PATRIDGE SURVEYING) 0 set PK Nod PATRIDGE SURVEYING L.L.C. 9464 DUBLIN ROAD POWELL, OHIO 43065 TEL (614)-799-0031 FAX (614)-300-5076 Tuccis 0 30 60 Scale 1" = 30' October, 2020 Basis of bearings from GPS observation (Ohio SPC South Zone), based on the north line of Lot 147 being N 81' 28' 27" E. iI I hereby certify that I have surveyed the property described in the foregoing title caption, and that said survey and plat are accurate and correct to the 06'52'30" E best of my knowledge. Easements, restrictions, X251' utilities, and rights—of—way not located, unless noted. Bradley J. Patridge I Professional Surveyor No. 7068 54 CT" �� City of Dublin 0.229 Ac. (Tr. III) Inst. No. 200607190141675 ex. brick walk .50 PROPOSED ADDN. Ex. building building F I"--20' Thelma L. Hill Tr. Lot 147 0 30 60 Scale 1" = 30' October, 2020 Basis of bearings from GPS observation (Ohio SPC South Zone), based on the north line of Lot 147 being N 81' 28' 27" E. iI I hereby certify that I have surveyed the property described in the foregoing title caption, and that said survey and plat are accurate and correct to the 06'52'30" E best of my knowledge. Easements, restrictions, X251' utilities, and rights—of—way not located, unless noted. Bradley J. Patridge I Professional Surveyor No. 7068 54 CT" �� ex. brick walk 06'52'30" E N 83'07'30" E 30.50' S 3.39' Q.202 Ac. 51 -Ex. building F I"--20' 0 30 60 Scale 1" = 30' October, 2020 Basis of bearings from GPS observation (Ohio SPC South Zone), based on the north line of Lot 147 being N 81' 28' 27" E. iI I hereby certify that I have surveyed the property described in the foregoing title caption, and that said survey and plat are accurate and correct to the 06'52'30" E best of my knowledge. Easements, restrictions, X251' utilities, and rights—of—way not located, unless noted. Bradley J. Patridge I Professional Surveyor No. 7068 54 CT" �� 'citv of Dublin OHIO, USA Architectural Review Board October 28, 2020 20-175INF - TUCCI'S ADDITION Summary Request for informal review and feedback for construction of an approximately 215 -square -foot wine room addition for an existing restaurant. Site Location The 0.23 -acre site is northwest of the intersection of N. High Street and Wing Hill Lane. Zoning BSD -HC: Bridge Street District — Historic Core District Property Owner Thelma Hill Trust Applicant/ Representative Craig Barnum, CLB Restaurants Applicable Land Use Regulations Zoning Code Sections 153.066, 153.070 and Historic Dublin Design Guidelines. Case Manager Nichole M. Martin, AICP, Planner II (614)410-4635 nmartinad ublin.oh.us Zoning Map Next Steps Upon review and feedback of the Informal Review by the Architectural Review Board (ARB), the applicant is eligible to file a formal application for review and determination by the ARB. PLANNING 5200 Emerald Parkway Dublin, Ohio 43017 phone 614.410.4600 fax 614.410.4747 dublinohiousa.gov City of Dublin Architectural Review Board Case 20-175INF I Tucci's Addition Wednesday, October 28, 2020 1 Page 2 of 5 1. Context Man 20- U 40 8 Informalal Review evi Tucd's - Addition onsomME::= City of Dublin 35 North High Street Feet City of Dublin Architectural Review Board Case 20-175INF I Tucci's Addition Wednesday, October 28, 2020 1 Page 3 of 5 2. Qvarviaim Background The site is developed with a single -story building constructed in 1955 which was converted to a restaurant in 1997. The single -story restaurant building is located in the western portion of the site with a patio in the eastern portion, along N. High Street. The existing building has an irregular footprint with an V -plan cross -gable core and additions to the rear. The construction is concrete block with brick veneer along the south and east fagades. A flat roof porch defines the main entry along the east fagade. The architecture is vernacular in character and does not represent any single style. Case History Most recently in January 2020, the Architectural Review Board (ARB) informally reviewed separate proposal for a glass enclosed patio addition. At the time, the Board expressed concern with the proposed design, specifically questioning the compatibility with the surrounding buildings and district. The Board encouraged the applicant to investigate an alternative design. As presented, this proposal has not moved forward. Site Characteristics Natural Features The site contains trees, landscaping and a decorative metal fence with brick piers along the northern, eastern and southern edge of the patio. Historic and Cultural Facilities The existing structure on N. High Street was constructed in 1955. It is not located on the National Register of Historic Places, but is recommended contributing to the local Historic District as outlined in the 2017 City of Dublin Historic and Cultural Assessment. The condition of the building is noted as good. The location, feeling, setting, and association are marked as contributing to the historic integrity of the property; while the design, materials, and workmanship do not elevate the integrity of the property. Surrounding Land Use and Development Character North: Bridge Street District, Historic Core (Commercial) East: Bridge Street District, Historic Core (Commercial) South: Bridge Street District, Historic Core (Commercial) West: Bridge Street District, Historic Core (Commercial/Parking) Road, Pedestrian and Bike Network The site has frontage on N. High Street, Wing Hill, and Darby Street. A public walkway is located north of the site, providing pedestrian access from Darby Street to the public sidewalk on N. High Street. As part of this proposal the applicant would need to work with City Council to purchase a portion of the city -owned property where the pedestrian connection is located. City of Dublin Architectural Review Board Case 20-175INF I Tucci's Addition Wednesday, October 28, 2020 1 Page 4 of 5 UNIt/es The site is served by public utilities, including sanitary and water. Electric and gas are also provided on site. Code and Guidelines Bridge Street District — Historic Core The Bridge Street District (BSD) establishes form -based zoning regulations for the approximately 1,100 -acres within the I-270 loop including Historic Dublin. There is an on- going effort to remove Historic Dublin from the BSD and to re-establish the Historic District Area Plan, revise the ARB Code, and refresh the Historic Design Guidelines. Presently, the property is zoned BSD -HC, Bridge Street District — Historic Core. Development standards within Historic Core, including setbacks, lot coverage, and other form based regulations, are defined by the Building Types. The Historic Cottage Commercial building would be the most applicable building type to use for the proposed addition. Given the proposal, the following standards for the Historic Cottage Commercial building type would be applicable and should be considered: Setbacks o Side yard setback — 3 foot minimum (waiver may be required) Lot/Building Coverage o Building coverage — 50 percent maximum o Impervious lot coverage — 65 percent maximum (waiver required due to existing conditions) o Additional semi -pervious coverage — 10 percent maximum Primary Materials o Stone, brick, wood siding Historic Dublin Design Guidelines The Historic Dublin Design Guidelines supplement the Code and should be considered when modifications to existing structures are proposed in the Historic District. The Guidelines provide recommendations regarding the overall character of additions including location, mass/scale, materials, and rooflines. The Guidelines recommend additions should be located to the rear of the existing structure, and should be subordinate to the existing structure. Additionally, the Guidelines provide direction of preservation of the historic integrity of existing structures. The Guidelines note that contemporary materials should only be used in a traditional way. While continuity and compatibility with the neighborhood is expected, the Guidelines recommend avoidance of a false sense of history. Proposal The applicant is proposing to expand the existing wine room, north of the building, with an approximately 215 -square foot building addition. The applicant is requesting feedback from the Board on the proposal. In detail, the north elevation of the building is proposed to be modified, which today is concrete block construction. The proposed architectural style of the addition is a lean-to shed roof addition clad in vertical board and batten siding painted to match the existing City of Dublin Architectural Review Board Case 20-175INF I Tucci's Addition Wednesday, October 28, 2020 1 Page 5 of 5 structure. The conceptual elevations depict two trellis accents, and new landscaping to soften the appearance of the addition from the public walkway. Site modifications are shown on City property. Should a formal application be pursued, the applicant will need to work with the City to purchase a portion of the property required for the addition. The pedestrian walkway and connectivity will be maintained with the proposed improvements. 3. Informal Review Considerations 1) Does the Board support the location of the proposed addition? The property is located within Historic Dublin and is zoned BSD -HC, Historic Core. The zoning district permits additions to existing buildings in compliance with the Code requirements and Historic Dublin Design Guidelines. The Board should reference the requirements and Guidelines when considering the proposal. 2) Does the Board support the proposed mass and scale of the addition? The Historic Cottage Commercial Building would be the most applicable building type for the proposed enclosure regarding scale, height, massing, and form, as well as the site layout and enclosure location. The Board should reference the building type requirements, along with the Historic Dublin Design Guidelines when considering the appropriateness of the proposed patio enclosure. 3) Does the Board support the proposed character including the conceptual building materials and landscaping? The BSD Code and the Historic Dublin Design Guidelines provide guidance about the architectural character, materials and details for additions. If the Board is supportive of the addition, the applicant requests feedback with regard to the general architectural design and the associated details. 4. Discussion Ouestions The Informal Review provides the opportunity for feedback at the formative stage of a project. An Informal Review allows the Architectural Review Board to provide non-binding feedback to an applicant regarding the intended site improvements. Planning recommends the Board consider: 1) Does the Board support the location of the proposed addition? 2) Does the Board support the proposed mass and scale of the addition? 3) Does the Board support the proposed character including the conceptual building materials and landscaping? 4) Other considerations by the Board.