HomeMy WebLinkAboutOrdinance 38-25RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
38-25
Ordinance No, ———__— Passed.
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INFRASTRUCTURE
AGREEMENT WITH SKS BRIGHT ROAD LLC FOR THE BEACON CONTINUUM
OF CARE PROJECT
WHEREAS, SKS Bright Road LLC is presently engaged in the improvement of certain
land, being 21.523+/- acres at the northeast corner of the Bright Road and Emerald
Parkway intersection in the City of Dublin, Ohio (within Franklin County) (the
“Property”; and is desirous of constructing a Continuum of Care Retirement Community
(CCRC) Planned Unit Development District intended to address the need for high quality
senior living communities;
WHEREAS, the Developer has completed a traffic impact study (TIS) for the Project
that has been reviewed and approved by the City of Dublin and the City of Columbus
(the “Jurisdictions); and
WHEREAS, the Parties agree to enter into this Infrastructure Agreement relating to
the construction of required new improvements and the developer's financial
reimbursement to the City of Dublin for the development’s proportionate share of the
actual cost of public improvements to mitigate the traffic impacts generated by the
Project.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, aT
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached Infrastructure
Agreement with SKS Bright Road LLC for the Beacon Continuum of Care Project, in
substantially the same form as attached, with changes not inconsistent with this
ordinance and not substantially adverse to the City and which shall be approved by the
City Manager.
Section 2. The City Manager, for and in the name of this City, is hereby authorized to
execute the foregoing agreement with such changes therein and amendments thereto
that are not inconsistent with this Ordinance and not substantially adverse to this City
and which shall be approved by the City Manager, provided further that the approval
of changes or amendments to any such agreement by the City Manager, and their
character as not being substantially adverse to the City, shall be evidenced conclusively
by the City Manager's execution thereof.
Section 3. The Ordinance shall take effect at the earliest date allowed by law.
& Passed this Z5 day of Lheaust , 2025.
Lh AB
Mayor - Presiding Officer
Ab Oba CoA of Coffncil U
To: Members of Dublin City Council
From: Megan D. O’Callaghan, City Manager
Date: August 5, 2025
Initiated By: Jennifer M. Rauch, AICP, Director of Community Planning & Development
Bassem Bitar, AICP, Deputy Director of Planning
Phillip Hartmann, Law Director, Frost Brown Todd
Jean-Ellen Willis, PE, Director of Transportation & Mobility
Re: Ordinance 38-25 – An ordinance authorizing the City Manager to enter into an
infrastructure agreement with SKS Bright Road LLC for the Beacon Continuum
of Care Retirement Community.
Background
SKS Bright Road LLC is the developer for the Beacon Continuum of Care Retirement Community,
which is the improvement of 21.523 acres of land at the northeast corner of the Bright Road and
Emerald Parkway intersection for the construction of a senior continuum of care community. On May
1, 2025, the Planning and Zoning Commission recommended approval to City Council for the
Rezoning/Preliminary Development Plan, which is accompanying Ordinance 36-25.
Infrastructure Agreement
Financial Reimbursement
Under the terms of the agreement, the Developer will reimburse the City a total of $360,000, which
covers project-specific costs for the Bright Road turn lane, amounting to $221,000, Bright Road
Corridor Improvements, amounting to $85,000, and a shared use path along Bright Road, amounting
to $54,000. These improvements were previously constructed by the city, and the Developer’s
reimbursement reflects their proportional benefit from these enhancements. This financial
agreement ensures that the Developer contributes equitably to the infrastructure that supports the
Beacon Development, while also reinforcing the City’s commitment to cost-sharing in public-private
development partnerships.
The reimbursement is due within 30 days of a written request from the city.
Public Road Improvements
The Developer is required to dedicate sufficient right-of-way for a future southbound right-turn lane
on Sawmill Road, north of Bright Road. A memorandum reevaluating the need for this turn lane
must be submitted prior to the occupancy of Building 3 or once 300 residential units are occupied,
whichever occurs first. If the evaluation confirms the need, the Developer will be responsible for the
design and construction of the turn lane, to be completed before occupancy of Building 4 or upon
reaching 375 occupied units. All designs and evaluations must be approved by both the City of Dublin
and the City of Columbus.
Recommendation
Approval of Ordinance 38-25 at the second reading/public hearing on August 25, 2025.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
INFRASTRUCTURE AGREEMENT FOR THE
BEACON DEVELOPMENT
This Infrastructure Agreement (the “Agreement”) dated , __________ 2025, by and
between the CITY OF DUBLIN, OHIO (“Dublin”), a municipal corporation duly organized
and validly existing under the Constitution and laws of the State of Ohio (the “State”) and
its Charter and by and between SKS Bright Road LLC, an Ohio limited liability company
whose mailing address is 169 South Liberty Street, Powell, Ohio, 43065, (“Developer,”
and collectively with Dublin, the “Parties”):
WHEREAS, Developer is presently engaged in the improvement of certain land, being
21.523+/- acres at the northeast corner of the Bright Road and Emerald Parkway
intersection in the City of Dublin, Ohio (within Franklin County) (the “Property”) and is
desirous of constructing a Continuum of Care Retirement Community (CCRC) Planned Unit
Development District intended to address the need for high quality senior living
communities, as such project has been approved by the City of Dublin and depicted hereto
as Exhibit “A” (the “Project”); and
WHEREAS, The Property is combination of parcels identified as parcel numbers 273-
008405, 273-008761, Part of 273-009469, 273-008676, 273-008619, 273-008681, 273-
008680, 273-008660, 273-008634, 273-008633, 273-008632, and 273-012155; and
WHEREAS, the Developer has completed a traffic impact study (TIS) for the Project that
has been reviewed and approved by the City of Dublin and the City of Columbus (the
“Jurisdictions);
WHEREAS, the total cost the Parties agree to enter into this Agreement relating to the
Developer’s financial reimbursement to Dublin for the actual cost of the public
improvements.
NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows:
1. Developer’s Financial Reimbursement to Dublin for portions of the capital improvement
project. The Parties agree that the Developer will reimburse Dublin $360,000, which
represents the project-specific percentage of the actual cost of the capital
improvement project already constructed by Dublin. The cost for the shared
improvements is as follows: Bright Road Turn Lane ($221,000), the Bright Road
Corridor Improvements ($85,000), and a shared use path along Bright Road
($54,000).
2. Developer Commitment to Sawmill Right Turn lane. Per the approved TIS report, a
right turn lane is warranted along Sawmill Road in the future, north of the intersection
of Bright Road. The Developer shall dedicate sufficient right-of-way to accommodate
a future southbound right-turn lane on Sawmill Road at the shared access point located
north of Bright Road at the time the Final Development Plan for the Project is approved
by the Planning and Zoning Commission. Prior to applying for occupancy permits for
Building 3, or upon reaching a total of 300 occupied residential units—whichever
occurs first—the applicant shall submit a memorandum re-evaluating the warrant for
a southbound right-turn lane on Sawmill Road at the shared access point north of
Bright Road.
INFRASTRUCTURE AGREEMENT FOR THE BEACON DEVELOPMENT
DATE OF AGREEMENT: ______________________
2
• The memorandum must be submitted to, reviewed, and approved by both the City
of Dublin and the City of Columbus Department of Public Service. Occupancy permits
for the associated phase shall not be issued until this approval is obtained.
• If the evaluation determines that the turn lane is warranted, the applicant shall be
responsible for the design, subject to approval of the City of Dublin and City of
Columbus Department of Public Service, and construction of the southbound right-
turn lane at this location. This improvement must be completed prior to applying for
occupancy permits for Building 4 or reaching a total of 375 occupied units, whichever
occurs first.
3. Timing of Reimbursement. The Parties agree that the Developer will reimburse Dublin
the cost of the public improvements within 30 days of receipt of written request by
the City.
3. Indemnification and Hold Harmless. Developer agrees to defend, indemnify, protect
and hold harmless the Jurisdictions, their elected officials, officers, employees, agents,
and volunteers from and against any liability for all actions, claims, losses, damages,
costs and/or expenses (including reasonable attorney’s fees) to the extent that such
actions, claims, losses, damages, costs and/or expenses arise out or are in any way
caused by the performance or non-performance of this Agreement, either directly or
indirectly, irrespective of whether such actions, claims, losses, damages, costs and/or
expenses are caused by the acts, omissions or conduct of Developer or its employees,
agents and representatives. Developer shall not be required to indemnify or hold
harmless Dublin to the extent any such actions, claims, losses, damages, costs and/or
expenses are caused by the acts, omissions or conduct of Dublin, its employees,
agents, officers or other representatives.
4. Notices. Except as otherwise specifically set forth in this Agreement, notices,
demands, requests, consents or approvals given, required or permitted to be given
hereunder shall be in writing and shall be deemed sufficiently given if actually received
or if hand-delivered or sent by recognized, overnight delivery service or by certified
mail, postage prepaid and return receipt requested, addressed to the other Parties at
the addresses set forth in this Agreement or any addendum to or counterpart of this
Agreement, or to such other addresses as the recipients shall have previously notified
the sender of in writing, and shall be deemed received upon actual receipt, unless sent
by certified mail, in which event such notice shall be deemed to have been received
when the return receipt is signed or refused. A duplicate copy of each notice,
certificate, request, or other communication given hereunder to the Parties shall be
given also to the others. The Parties, by notice given hereunder, may designate any
further or different addresses to which subsequent notices, certificate, requests, or
other communications shall be sent.
(a) As to Dublin:
City of Dublin, Ohio
INFRASTRUCTURE AGREEMENT FOR THE BEACON DEVELOPMENT
DATE OF AGREEMENT: ______________________
3
Attention: Director of Engineering 6555 Shier-Rings Road
Dublin, Ohio 43016-7295
(b) As to Developer:
SKS Bright Road LLC and Steve Newcomb
Attention: Steve Newcomb
169 South Liberty Street,
Powell, Ohio, 43065
5. Binding Effect. This Agreement shall injure to the benefit of and shall be binding upon
the Parties, and their respective permitted successors and assigns. The Parties will
observe and perform faithfully at all times all covenants, agreements and obligations
under this Agreement. This Agreement may be amended only by a writing signed by
authorized representatives of all Parties.
6. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio, without giving effect to the principles
thereof relating to conflicts or choice of laws.
7. Assignment. Developer may assign this Agreement, in whole or in part, to a subsidiary
or affiliate of Developer, and such assignment is deemed approved by Dublin with
execution hereof. Any other assignment shall require the written consent of Dublin,
which consent shall not be unreasonably withheld.
8. Complete Agreement. This Agreement constitutes the full and final agreement
between the Parties with regard to Turn Lane reimbursement for the Project.
IN WITNESS WHEREOF, Dublin and Developer have caused this Agreement to be
executed in their respective names by their duly authorized representatives, all as of the
date written above.
SKS Bright Road LLC:
By:
Name:
Its:
Date: __________________________
City of Dublin, Ohio:
By:
INFRASTRUCTURE AGREEMENT FOR THE BEACON DEVELOPMENT
DATE OF AGREEMENT: ______________________
4
Name: Megan D. O’Callaghan
Its: City Manager
Date: ____________________________
Approved as to form:
By:
Name: Philip K. Hartmann
Its: Assistant Law Director
Date: ____________________________
0127219.0620173 4923-0828-6033v1