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HomeMy WebLinkAbout098-86 Ordinance .~ - . . , . ORDINANCE NO. 98-86 AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH DUBLIN GERIATRIC CARE CO., AN OHIO LIMITED PARTNERSHIP, WHEREBY THE VILLAGE OF DUBLIN, OHIO AGREES TO ISSUE ECONOMIC DEVELOPMENT REVENUE BONDS ON BEHALF OF DUBLIN GERIATRIC CARE . CO., FOR FINANCING COSTS OF THE ACQUISITION, CONSTRUCTION, EQUIPPING, RENOVATION AND INSTALLATION OF A COMMERCIAL FACILITY FOR USE AS A 100 BED SKILLED/PERSONAL CARE NURSING HOME AND RELATED FACILITIES TO BE LOCATED ON POST ROAD, 'WITHIN THE VILLAGE OF DUBLIN, OHIO, AND DECLARING AN EMERGENCY. WHEREAS, Dublin Geriatric Care Co.; an Ohio -limited partnership (the "Borrower") has requested that the Village of Dublin, Ohio (the "Village") enter into an agreement in the form attached hereto as Exhibit A and incorporated herein by this reference (the "Agreement") ; and WHEREAS, each of the recitals and facts set forth in the preambles thereof are approved by this Council. BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF DUBLIN, OHIO: Section 1. Agreement Authorized. That the Agreement be approved and that the City Manager be and is hereby authorized to execute the Agreement on behalf of the Village, and this Council hereby finds and determines the recitals and facts set forth in the preambles to the Agreement. Section 2. Sunshine Law. That this Council hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of , this Council, and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22 of the Revised Code and the Charter of the Village. Section 3. Emergency Clause. This Ordinance is hereby declared to be an emergency measure necessary for the <- immediate preservation of the public health, safety and welfare of the Village, and for the reason that this legislation must be immediately effective in order to provide immediately additional jobs and employment opportunities to improve the economic welfare of the Village and its residents. Therefore, this Ordinance shall go into immediate effect. Vote on suspension of the rules: yeas 7 , nays 0 . . Passed: . December 1, 1986, as an emergency measure yeas 7 , nays 0 , /J V(~ Attest: ~~. Cler Mayor Approved as to form ~~ 2-L Director of Law I hereby certify that copies of this Ordinance/Resolution were posted in the Village of Dublin in. accord.nce with Section 731.25 of the Ohio Revised Code. /) YJj, ~- ,~~.PO Clerk of CoullCiI . . CERTIFICATE I hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the Council of the Village 'of Dublin, Ohio on December ~, 1986, at a meeting open to the public, in compliance with all legal requirements, including the Charter and Section 121.22 of the Ohio Revised Code. /? ~ ~~ . Clerk, Vill~ 0 Dublin, Ohio - . Exhibit A AGREEMENT THIS AGREEMENT is entered into as of the day of Decembe r' , 1986, between the Village of Dublin, Ohio, a municipal corporation organized and existing under the laws of the State of Ohio and its Charter (the "Village"), and Dublin Geriatric Care Co., an Ohio limited .partnership (the "Borrower") , under the following circumstances: A. The Borrower .desires to acquire, construct, equip, renovate and install a commercial facility for use as a 100 bed skilled/personal care nursing home and related facilities to be located on Post Road, within the Village of Dublin, Ohio (the "Project") . -- B. The Borrower has evidenced a desire to have the costs of the Project financed with the proceeds of economic development revenue bonds (the "Bonds") issued by the Village pursuant to the authority of Article VIII, Section 13, of the Constitution of the State of Ohio and Chapter 165 of the Ohio Revised Code and the Charter of the Village, in a principal amount presently estimated not to exceed $5,250,000. c. The parties anticipate that the Project would increase or preserve jobs within the Village and provide additional jobs and employment opportunities for residents of the Village, and that the Project would improve the economic welfare of the Village and its people. . D. In order to obtain for the residents of the Village the benefit of the jobs, employment oppqrtunities and economic improvement which the operation of the Project would create a~d preserve, the Village desires to encourage and induce the Borrower to proceed with the Project. NOW, THEREFORE, the Village and the Borrower agree as follows: 1. At the request of the Borrower and subject to the fulfillment of the public hearing requirement under Section 147 (f) of the Internal Revenue Code of 1986, as amended, the Village will enact the necessary ordinances or resolutions to authorize the issuance of the Bonds and execution on its behalf, of the Loan Agreement, as hereafter defined, and other necessary documents. The Bonds, the Loan Agreement, the ordinances or resolutions and other necessary documents shall have such terms as shall be approved by Peck, Shaffer & williams as Bond Counsel and by the Village, the Director of Law of the Village, the purchaser(s) of the Bonds, the Borrower and the respective counsels t~ such pa~ties, and the Village will deliver the Bonds to the purchaser(s) thereof and will cooperate to the fullest extent in consummating the transaction. 2. Pending issuance of the Bonds, the Borrower will provide without expense to the Viliage any necessary interim financing for the Project. The Borrower also agrees that upon issuance of the Bonds for the Project it will enter into an agreement (the "Loan Agreement") with the Village providing for . - , . . the payment by the Borrower of amounts sufficient to pay when due the principal of and premiums, if any, and interest on the Bonds. The Village shall have no financial responsibilit~ with respect.to the Bonds or the Project except from the pro~eeds of the Bonds or revenues produced pursuant to the Loan Agreement. 3. The Borrow~r agrees that all laborers and mechanics employed on the Project shall be paid as provided in Section 165.031 of the Ohio Revised Code, so that laborers and mechanics shall' be paid at' the prevailing rates of wages determined in accordance with Chapter- 4115 of the Ohio Revised Code by the Ohio Department of Industrial Relations (the "Department"); provide~ that if the Borrower or other non-public user beneficiary of the Project undertakes, as part of the Project, installation to be p~rformed by its regular bargaining unit employees who are covered under a collective bargaining agreement which was in existence prior to the date of this Agreement, the rate of pay provided under such collective bargaining agreement may be paid to such employees. To the extent required by Section 4115.032 of the Ohio Revised Code, the Borrower shall comply, and shall require compliance by all contractors or subcontractors working on the Project, with all applicable requirements of Sections 4115.03 through 4115.16 of the Ohio Revised Code. Without limiting the generality of the foregoing, if installation work is undertaken with respect to the Project (1) the Borrower shall obtain, or cause any contractors and subcontractors working on , . installation work with respect to the Project to obtain, from the Department, the schedule of prevailing rates of wages ~pplicable to laborers and mechanics for the classes' of work called ~or by the Project, on or before the earlier of ( i) the commencement of installation of the Project, or (i i) the adoption by the Council of the Issuer of its ordinance or resolutio~ authorizing issuance of the Bonds and execution of the Loan Agreement; (2) unless the Issuer appoints a prevailing wage coordinator (the "Coordinator") for the project under Section 4115.071 of the Ohio Revised Code, the BOrrower shall request that the Department appoint a Coordinator for the Project; and (3) until such time as the Issuer or the Department appoints a Coordinator, the Borrower shall designate one of its officers or agents to act as Coordinator for the Project and to perform all'ofthe applicable functions and duties thereof under Chapter 4115 of the Ohio Revised Code with respect to the Project, including making available for public inspection all files, reports and other documentation submitted by Project contractors and subcontractors. If the Coordinator is an employee of the Issuer or the Department, the cost of such employee's services as Coordinator, as determined by the Issuer or the Department, shall upon demand be reimbursed to the Issuer or the Department by the Borrower. '4. If the Borrower abandons the Project, it shall notify the village, whereupon this Agreement shall terminate. Upon any termination of this Agreement under this paragraph; . . neither the Village nor the Borrower shall have any further rights or obligations hereunder, except that the obligations of the Borrower under paragraph 5 hereof shall survive any such termination. 5. In order to induce the village to execute and deliver this Agreement, the Borrower hereby agrees to defend, indemnify and hold the Village and its officials harmless against any and all loss, cost, expense, claims or actions arising out of or connected with the Project or the execution and delivery of this Agreement. The provisions of this paragraph shall be superseded by a similar agreement by the Borrower jn the Loan Agreement. / - IN WITNESS WHEREOF, the Village, pursuant to an ordinance duly adopted by its Council, has caused this Agreement to be executed by its City Manager and the Borrower has duly executed this Agreement, as of the day and year first above written. Approved as to form . VILLAGE OF DUBLIN. O.4~ ~ess:a~ / J ~C- By: ~.J,:i'~ Director of Law, Village C!"ty nager of Dublin, Ohio DUBLIN GERIATRIC CARE CO. (Title) I Dublin, Ohio 43017 MINUTES OF THE DUBLIN AREA COMMUNITY IMPROVEMENT CORPORATION MEETING HELD NOVEMBER 26, 1986 at 5:00 p.m. Members in attendance: David Wolfe, Daniel J. Sutphen, Barbara A. Maurer, David P. Amorose, Jan Rozanski, Joseph Jankowski Jr., Charles Weaver and A. Richard Thomas, President. Mr. A. Richard Thomas opened the meeting and asked for a motion to approve the minutes of the November 6, 1986 meeting. Mr. Wolfe moved and Mr. Rozanski seconded, motion passed with all members voting aye. Mr. Thomas announced that the second order of business would be the consideration of a resolution to certify a certain project being proposed by Dublin Geriatric Care Co. Ms. Carol Campbell represented the applicant and described the project as a medical care facility providing nursing care on an extended or short term basis. Dr. James Stoycheff with Citizens for Better Planning spoke against the project due to the present overloaded infrastructure of the Village. Mr. Sutphen moved that the resolution be accepted with Mrs. Maurer seconding. The motion was passed with all members voting aye. Being no the meeting was adjourned. a() , A. Richard Thomas Acting Secretary ,