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Home My WebLink About02-91 Resolution . . RECORD OF RESOLUTIONS - Dayton legal Blank Co., form No. 30045 - . .------- - -~.._._---_._--_..__.,-~...__..._--_."-" _..- -...------- .---..---.------- ......~ ----------------------------"--------- Hesu{utiull Su, 02-91 P ([ssed 19 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT TO SETTLE AND RELEASE ALL RIGHTS AND DISPUTES IDENTIFIED IN THE PENDING CIVIL ACTION, STATE OF OHIO, ex reI. RANDALL J. ASMO, et al. v. NANETTE METZ, et al., AND DECLARING AN EMERGENCY NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring: Section 1. That the Council of the City of Dublin, Ohio, authorizes the City Manager to enter into a settlement agreement with Mid-States Development Corporation for the purpose of settling and releasing all rights and disputes identified in the pending civil action, State of Ohio, ex rei. Randa 11 J. Asmo, et al. v. Nanette Metz, et al., 90CVHl1-9282, filed November 29, 1990, in the Court of Common Pleas, Franklin County, Ohio. Section 2. That said settlement agreement is further outlined in Exhibit "A" attached hereto and included, Section 3. That the Council of the City of Dublin, Ohio, hereby approves a councilmatic variance for the lot split described in Section 9. of Exhibit "A". Section 4. That the Council of the City of Dublin, Ohio, hereby recognizes that the annexation of the Dublin Clubhouse and Picnic Grounds and its related facilities will be a positive addition to the community. Section 5. That this Resolution be, and the same hereby is, declared to be an emergency measure for the preservation of the public peace, health or welfare of the residents of this City, and therefore this Resolution shall take effect and be in force immediately upon its passage. Passed this 2~day of January , 1991- J hereby certify that co?lcs of th1s Ql'lfft:'mte/Resabficn were posted in t'''' Attest: City of Dublin in accordance wiih Scct:O!1 731.25 of tho CJo Revised Cod:), /) !I >~ YJ/. 'd i /" / A La /l- . ,~ill /jj';:'..I Y I}, 1: i t-da.t-J Clerk of Council, Dublin, 0 io C[erk of Countil EXHIBIT "A" SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of January, 1991, between the City of Dublin, Ohio, an. Ohio municipal corporation ("Dublin") and Mid-States Development Corp., an Ohio corporation ("MSDCIr), to settle and relE'ase all rights and disputes identified in the pending civil action, State of Ohio, ex reI. Randall .]. Asmo, et a1. v. Nanette Met z, at al. I 90CVHll-9282, filed November 29, 1990, in the Court of Common Pleas, Franklin County, Ohio (the "Lawsuit") on the following terms and conditions: 1. Upon execution hereof, MSDC agrees to cor..tinue the Preliminary Injunction Hearing currently scheduled for January 22, 1991, and to proceed toward dismissal of the Lawsujt, in accordance with the terms ,and conditions hereof. 2. Dublin and MSDC agree to join in requesting Judge Reda, the presiding judge in the Lawsuit, to 'issue an order to the State of Ohio Department of Liquor Control ("Department of Liquor control") mandating the processing of MSDC's liquor permit Application number 5927830 (the "Application") as if jurisdiction over the application were restored and retained by Washington Township, Ohio, and to disregard the annexation affecte~ by Dublin Ordinance No. 89-90 in connection with the processing of the Application (the "Order"). 3. Upon issuance of the Order, and acceptanc9 thereof by the Department of Liquor Controll MSDC agrees to cause the Lawsuit to be dismissed, with prejudice, and to procure the consent of all plaintiffs named in the Lawsuit to such dismissal. 4. Dublin hereby agrees not to directly or indirectly challenge any aspect of the processing of the Application, or the issuance of a liquor permit to MSDC by the Department 0:: Liquor Control, and to support the Application and the grant 0:: a liquor permit to MSDC by the Department of Liquor Control. Pr.Lor to the execution hereof, Dublin will procure, in writing, an a9reement from Washington Township to decline from any challenge, direct or indirect, to the Application or to the grant of a liquor permit to MSDC by the Department of Liquor Control. 5. MSDC agrees not to change the use of the Clubhouse property, except in compliance with Section 1123.02 of t.he Dublin Planning and Zoning Code entitled "Certificate of Zonin9 Compliance, If 6. MSDC agrees that it will not sell or permjt the sale of liquor to the public from the premises and that any such distribution shall be limited to lessees and their guests. Since it is the intent of Dublin and MSDC that MSDC operate a partyhouse/banquet facility/picnic ground at the site :ather than a bar open to the public, Dublin acknowledges that banquets, parties, charitable functions, sporting affairs and otller pre- arranged events (collectively hereafter referred to as "Planned Events") will be held from time to time at the Clubhou:~e, and that admission to Planned Events may be open to the public. Admission tickets to a Planned Event may entitle a pernon to food, liquor, and/or beer, or admission may, be free wi 1:h food, liquor and/or beer purchased separately. MSDC may rect3ive a portion of the proceeds of admission, food, liquor and/or beer sales as a portion of the Clubhouse rental, or may cablr the Planned Event itself. It is expressly agreed that liquor sales in connection with Planned Events shall not be considered as sales to the public, and such liquor sales shall not bE! prohibited hereunder. MSDC further agrees that there will be no assignment or transfer of the liquor permit for use at the premises ~nless the assignee or transferee similarly agrees to the restraint against sale to the public. 7, Dublin agrees not to directly or indirectly enforce, threaten to enforce or attempt in any way to enforce the Declaration of Restrictions set forth in Exhibit B to the General Warranty Deed, filed of record in Volume 14649 'Page I07 of the Deed Records of Franklin countt, Ohio (the "Restrictions"). Dublin and MSDC further agree hat the operation of the Clubhouse will be regulated by applicable state and local law. S. Dublin hereby consents to the use of on-site sewage and water systems approved by the Ohio Environmental Pr)tection Agency ("OEPA") and/or the Franklin County Board of Health ("Board of Health") in connection with the development t)f all property owned by MSDC or its Affiliates (as defined below) located within Dublin or within any territory annexed b) Dublin. For the purpose of this Agreement, MSDCAffiliates shall include the following: S. Robert Davis; Avery Road Ltd., a L1m:L ted partnership; American Home Building Corporation; Charle:~ R. Davis; and any entity controlled by S. Robert Davis. MBDC and its Affiliates shall be entitled to continue to utilize such on- site sewage and water systems until sewer and water services are brought to such properties in accordance with Sections ~121.02(d) and 929.02(c) of the Dublin Codified Ordinances. Dublin agrees to cooperate with MSDC and its Arfiliates if the on-site sewage and water systems are otherwise approved by the governing environmental agency and to communicate tl".e consent granted hereby to the OEPA and/or the board of Health, es requested, from time to time, by MSDC or by its Affiliates. 9. Dublin agrees to immediately approve the split of an approximately 1.615 acre tract of land, being part of Lot 1 of Northwest Corporate Centre and currently leased by MSDC to TecMec, Inc. as 6210 Corporate Centre Driver and to approve the - 2 - legal description of such 1.615 acre tract and to take such steps as are necessary to facilitate the possible conveyance of such tract by MSDC. 10. Dublin agrees to publicly comment favorably on the Dublin Clubhouse & picnic Grounds, its facilities, and its annexation to Dublin. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns and legal representatives, IN WITNESS WHEREOF, the undersigned have cause.3 this Agreement to be executed by their duly authorized representatives, effective as of the date first set forth above. CITY OF DUBLIN, OHIO By: Title: MID-STATES DEVELOPMENT CORP. By: Title: - 3 - RECORD OF RESOLUTIONS 251 ,> National Graphics Corp" Cols" 0, ,~, ~ Form No. 6233-A IT -~ :! il Hcsollltion No. 11-f(1 Fassed ____ ___mm___m___19______ I' 'c,,=-~~===-~ - A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A WATERLINE PAYBACK AGREEMENT WITH SHEREX CHEMICAL COMPANY. WHERAS, the Sherex Chemical Company is requesting a payback agreement and; WHEREAS, Council has determined that said payback agreement is accept- able; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin, State of Ohio, Jr of the members elected thereto concurring: SECTION 1. That the Village Manager is hereby authorized and directed to enter into said agreement attached hereto marked as Exhibit "A". SECTION 2. That this Resolution shall take effect and be in force I from and after the earliest period allowed by law. Passed this jpflday of /11ay , 1981. ea~'.</ ~&<- Mayor-presiding Officer ATTEST: a~J llJ. ~pn/ Clerk of uncil 51'0 nJ"IIt': Ke qJ u t?s r EO;h S t € r- ex . I q-- .,.-.- --- ----" _.._ ..".__ _<.' -----_.__".0._____..---....