HomeMy WebLinkAboutOrdinance 41-13RECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
41 -13
Passed .20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION
TO ACQUIRE 0.765 ACRES, MORE OR LESS, FEE SIMPLE
INTEREST FROM JOSEPH V. AND CORRINE BURGER
WHEREAS, the City of Dublin (the "City ") plans to widen Avery Road, which
necessitates the acquisition of property from Joseph V. and Corrine Burger
("Grantor ") with an address of 5525 Avery Road; and
WHEREAS, said project requires that the City obtain certain property
interests within Franklin County Parcel No. 274 - 000072 owned by Joseph V.
and Corrine Burger, described and depicted in the attached Exhibits "A" and
"B," attached hereto and incorporated herein; and
WHEREAS, the City and the Grantor participated in good faith discussions
and have come to mutually agreeable terms for the acquisition of the property
interests for the sum of Eighty Four Thousand and Four Hundred Dollars
($84,400.00); and
WHEREAS, the City desires to execute necessary conveyance documentation
to complete the transaction between the City and the Grantor.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, L- of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute all necessary
conveyance documentation to acquire an approximate 0.765 acres, more or
less fee simple interest from Joseph V. and Corrine Burger, for the sum of
Eighty Four Thousand and Four Hundred Dollars ($84,400.00), said property
interests located within Franklin County Parcel No. 274 - 000072, and as more
fully described and depicted in the attached Exhibits "A" and "B."
Section 2. This Ordinance shall take effect and be in force from and after
the earliest date permitted by law.
Passed this 0 day of 1 2013 JT
Mayor re ding Officer
ATTEST:
OF
Clerk of Council
I cityof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager NNN -
Date: May 16, 2013
Initiated By: Sara Ott, Sr. Project Manager
Memo
Re: Ordinance 41 -13 — Authorizing the City Manager to Execute
Necessary Conveyance Documentation to Acquire 0.765
Acres, More or Less, Fee Simple Interest from Joseph V. and
Corrine Burger
Background
The City of Dublin ("City'l has future plans to widen and improve Avery Road ("Project'). Based
on the Preliminary Alignment Study dated November 22 1996, the future alignment of the
widened Avery Road will require the City to acquire the property at 5525 Avery Road ("Property').
Mr. Joseph Burger and his wife Corrine Burger, own the Property and contacted the City
expressing their desire for the City to purchase the Property due to the anticipated Project.
The acquisition of this Property requires the purchase of a fee simple interest in the 0.765 acre
parcel, more or less, located at 5525 Avery Road, Dublin, Franklin County, Ohio (the "Property')
from Mr. and Mrs. Burger, which they have agreed to sell to the City at the appraised value of
$84,400.00. The complete terms of the agreement are listed in the attached Real Estate Purchase
Agreement.
The widening project is programmed in the Capital Improvement Program for design in 2014.
Construction timing has not been determined.
Recommendation
Ordinance 41 -13 authorizes the City Manager to execute all necessary conveyance documentation
to formally acquire the necessary property interests described above. Staff recommends approval
of Ordinance 41 -13 at the second reading /public hearing on June 10, 2013 as obtaining the
property interests is necessary for the furtherance of this project.
94 188
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Aver Road Land Purchases
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REAL ESTATE PURCHASE AGREEMENT
THI 3 REAL ESTATE PURCHASE AGREEMENT (hereinafter the " Agreement ") is
made and entered into on the day of , 2013 (the " Effective Date by
and betwee i the City of Dublin, Ohio, an Ohio municipal corporation ( "Purchaser "), having an
office at 52 )0 Emerald Parkway, Dublin, Ohio 43017 -1006, and Joseph V. and Corrine Burger
("Sellers"), with an address of 5525 Avery Road, Dublin, Ohio 43016.
BACKGROUND INFORMATION
WH REAS, Sellers are the owners of a certain tract of real property situated in the
County of Franklin and State of Ohio, such real property being approximately 0.765 acres and
known as tax parcel 274 - 000072 -00, which real property 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 °Premisbs "h and
WH REAS, Seller desires to sell the Premises to the Purchaser, and Purchaser desires to
purchase t e Premises from Sellers in accordance with the terms and conditions of this
I: 9WANSIC01
NO THEREFORE, . in consideration of the foregoing and the covenants, warranties,
terms and c nditions hereinafter set forth, Purchaser and Sellers (the " Parties ") agree as follows:
1. Purchase and Sale of the Premises Sellers hereby agree to sell and convey to
Purchaser, md Purchaser hereby agrees to purchase and obtain from Sellers, subject to the
satisfaction or waiver by Purchaser of the conditions precedent hereinafter set forth, the
Premises. I he total Purchase Price for the Premises shall be Eighty Four Thousand Four
Hundred nd 00 /100 Dollars ($54,400.00) (the " Purchase Price "), payable in cash or by
immediate) available wired funds at the Closing, subject to prorations, credits, allowances and
other adjus ments specifically provided for herein. It is the intent of Purchaser to purchase the
Premises f the widening of Avery Road (the " Intended Pumose "), subject to the terms of this
2. 1 Conditions Precedent
(a) Conditions Precedent to Purchaser's Obligation to Close Purchaser shall not be
obligated tc close under this Agreement until all of the following conditions are satisfied in the
sole and absolute discretion of the Purchaser, any one or all of which may be waived by
Purchaser, on or before May 31, 2013 (hereinafter the " Contingency Date "). If any one or any
combination or all of the conditions precedent set forth in this Paragraph 2.a. are not timely
satisfied in favor of Purchaser, Purchaser shall provide written notice to Sellers of same on or
before the Contingency Date, and this Agreement shall terminate (unless Purchaser, by written
notice deli Bred to Sellers, on or before the Contingency Date, waives all of said unsatisfied
conditions precedent) and thereafter both Parties shall be fully released and relieved from all
further liabi ity and obligation hereunder. The conditions precedent are as follows:
432436rv1
i. Purchaser shall approve of the environmental condition of the Premises as
disc osed by a report, prepared by a certified environmental engineer selected by
Pur haser (the " Environmental Report
ii. Purchaser shall be satisfied, in its sole judgment, with the physical condition of
the I Iremises;
iii. Purchaser shall determine, in its sole judgment, that the development and /or use
of it a Premises for Purchaser's Intended Purpose is feasible; and
iv. Purchaser shall receive the approval of the Dublin City Council for all
obli ations under this Agreement.
(b) Conditions Precedent to Sellers' Obligation to Close N /A.
3. Tests and Engineering Studies For and during the entire period that this
Agreement is in effect, Purchaser shall, at its sole cost, have the right through Purchaser's
associates, mployees and/or contractors and agents to enter upon the Premises and cross any
adjacent la ds of Sellers for access to the Premises for the purpose of surveying, inspecting,
making con tour surveys, temporary excavations (to be refilled by Purchaser as promptly as the
same shall iave served their purpose), test borings and other purposes required by Purchaser to
enable Purc iaser to ascertain whether it is feasible to complete the proposed development of the
Premises fo the Intended Purpose.
4. Due Diligence Within 15 days after the mutual execution of this Agreement,
Sellers shah deliver to Purchaser any of the following documentation, to the extent that such
documentat on and information is within the possession or reasonable control of Sellers or any
officer or a ent of Sellers: (i) copies of any tenant leases with respect to the Premises; (ii) copies
of all mate al agreements with respect to the use or operation of the Premises; (iii) copies of all
titles policies, title commitments and surveys of the Premises; and (iv) copies of any and all
hazardous N iaste or environmental audits, soil tests, utility studies, water retention (storm sewer)
and civil ngineering drawings, studies, tests, examinations, reports and other material
doctimentat on with respect to the physical and environmental condition of the Premises
including bi it not limited to any orders, correspondence, consents, permits or approvals from any
governmen at entities or authorities.
In the event that Purchaser decides to terminate this Agreement, Sellers shall have the
right to pu chase some or all due diligence studies and tests (e.g., survey, Phase 1, etc.) from
Sellers for i he cost of said studies and tests, and no additional monies. Purchaser agrees, upon
conducting the due diligence contemplated herein, to restore the Premises to as nearly the
condition, which existed prior to Purchaser's entry onto the property.
5. Evidence of Title
(a) Title Commitment Purchaser may obtain a commitment (a " Title Commitment ")
from a title insurance company licensed to do business in the State of Ohio to issue an ALTA
Ow Ti le Insurance Policy (Form 6/17/06) in the full amount of the Purchase Price (the
2
I
"Title PoI "). The cost of the Title Policy shall be split between Purchaser and Sellers. The
Titly Conarritment will be certified to the Effective Date and will include copies of all recorded
doc iments videncing title exceptions raised in Schedule B of the Title Commitment. On or
before the to of Closing, the Title Commitment must show in Sellers good and marketable title
to the Prem ses, free and clear of the standard printed exceptions contained in Schedule B of said
con con I mitment and the Title Policy, and free and clear of all liens, charges, encumbrances and
clot.ds of ti le, whatsoever, except the following (collectively, the " Permitted Encumbrances "):
(i) Matters created by Purchaser;
(ii) Zoning ordinances, legal highways and public rights -of -way which do not
interfere with Purchaser's Intended Purpose of the Premises;
(iii) Real estate taxes which are a lien on the Premises but which are not yet
due and payable; and
(iv) Easements and restrictions of record acceptable to Purchaser.
(b) I Survey Purchaser can elect to obtain a survey of the Premises (the " Survey ," and
together wi h the Title Commitment, the " Title Evidence "). The cost of the Survey shall be split
between Pu chaser and Sellers, at Closing.
(c)
after receip
extent that
" Ob'iection:
Purpose. P
of Purchase
against the
Objections,
Purchaser,
Sellers shad
Objections,
within twet
Objections..
Objections
evidence, s
and/or rele
endorsemee
event the (
Sellers can
will be cm
Policy will
expiration <
Status of Title; Permitted Encumbrances; Objections Within thirty (30) days
of the Title Evidence, Purchaser may provide Sellers with written objections to the
the Title Evidence reveals matters other than the Permitted Encumbrances (the
') which constitute a monetary lien or may interfere with Purchaser's Intended
rchaser's failure to make Objections within such time period will constitute a waiver
's right to make Objections. To the extent the Objections constitute a monetary lien
Premises, Sellers shall satisfy those Objections at the Closing. For all other
Sellers shall have ten (10) days after receipt of written notice of such Objections by
o notify Buyer whether Seller will cure the Objections ( "Sellers' Notification ").
have no obligation to cure any Objections. In the event Sellers elect not to cure the
3uyer may terminate this Agreement by giving written notice of termination to Sellers
y business (20) days of Sellers' Notification. If Sellers elect to cure or remove any
Sellers shall have ten (10) days to cure or remove the Objections. In the event the
:annot be cured or removed. until Closing, Sellers shall provide Purchaser with
tisfactory to Purchaser, in its sole discretion, that the Objections will be fully cured
sed on the date of Closing or that the Title Company will issue satisfactory
:s to the final Title Policy insuring against the risks associated with same. In the
ejections are not cured or removed within said ten (10) day period, or in the event
of provide satisfactory evidence within said ten (10) day period that the Objections
d on or before the date of Closing or that satisfactory endorsements to the Title
be issued, Purchaser shall make its election, within five (5) business days after
Fthe ten (10) day period, by written notice to Sellers, to either:
(1) Accept title to the Premises, at which point such uncured Objections shall
be Permitted Encumbrances hereunder; or
(2) Terminate this Agreement.
Pu haser's failure to make its election within such time period will constitute
Purchaser's election to accept title to the Premises, at which point such uncured Objections shall
be Permitte I Encumbrances hereunder
6. Deed of Conveyance Sellers shall convey to Purchaser, at the time of closing,
good and n arketable title in fee simple to the Premises by transferable and recordable general
warranty d ed, signed by all parties necessary or required by the Title Commitment or
Purchaser's attorney, free and clear of all defects, mortgages, easements, restrictions,
reservation, conditions, agreements, liens and encumbrances, except those excepted in
Paragraph hereof. Purchaser shall pay the requisite conveyance fee and /or realty transfer tax
required by applicable law.
7. Closine and Possession Sellers and Purchaser agree that the purchase and sale of
the Premises shall be closed (the " Closing ") upon request by Purchaser within five (5) days after
notice by Purchaser to Sellers, but not later than thirty (30) days after the Contingency Date.
Said Closing shall be held at a time and place in Franklin County, Ohio as shall be selected by
Purchaser, and agreed to by Sellers. At the Closing, Sellers shall deliver the general warranty
deed, Purc aser shall deliver the Purchase Price and the Parties shall each deliver to the other
such additic nal and other closing documents reasonably necessary to consummate the transaction
comemplatc d herein. Purchaser shall be entitled to full and exclusive possession of the Premises
on and aftet, the Closing.
Ina dition to the deed described above, at the Closing, Sellers shall deliver to Purchaser:
(i) a closin statement showing the Purchase Price and all charges or credits to Purchaser or
Sellers pro iided for herein, (ii) all consents, affidavits or other documents reasonably and
customarily required to issue the Title Policy, (iii) such evidence of authority as Purchaser or the
title; compm iy issuing the Title Policy reasonably may deem necessary to evidence the authority
of Sellers t enter into this Agreement and to consummate the transactions contemplated hereby,
(iv) an aff davit that Sellers are not non - resident "aliens ", "foreign corporation", "foreign
partnership', "foreign trust ", or "foreign estate" within the meaning of the Internal Revenue
Code and egulations thereunder, (v) an assignment and assumption agreement with respect to
my tenam leases on the Premises, pursuant to which (A) Sellers shall assign all of its interest in
the leases Which encumber the Premises (including any security deposits) to Purchaser, and (B)
Purchasers iall assume said tenant leases, (vi) an assignment and assumption agreement relating
to agreeme is and contracts pertaining to the Premises that are assignable in accordance with
their terms without the consent of any third party and that Purchaser elects to assume the
"Executory Contracts "), pursuant to which (A) Sellers shall assign all of its interest in the
Executory Gontracts to Purchaser, and (B) Purchaser shall assume said Executory Contracts.
At t e Closing, Purchaser shall deliver to Sellers: (i) the Purchase Price, (ii) a closing
statement sl towing the Purchase Price and all charges or credits to Purchaser or Sellers provided
for herein, 'ii) such evidence of authority as Sellers or the title company issuing the Title Policy
reasonably may deem necessary to evidence the authority of Purchaser to enter into this
Agreement and to consummate the transactions contemplated hereby, (iv) an assignment and
assumption agreement with respect to any tenant leases on the Premises, pursuant to which (A)
Sellers shat assign all of its interest in the leases which encumber the Premises (including any
security de )osits) to Purchaser, and (B) Purchaser shall assume said tenant leases, (iv) an
assignment md assumption agreement relating to the Executory Contracts, pursuant to which (A)
Sellers shal assign all of its interest in the Executory Contracts to Purchaser, and (B) Purchaser
shall assum said Executory Contracts.
8. Closing Expenses
The Sellers shall, at the Closing (unless previously paid), pay by credit against the
Purchase Pr ce the following:
(a) the cost of all municipal services and utility charges (if any) due through
the date of Closing;
(b) the cost to remove any lien or mortgage not assumed by the Purchaser;
(c) One half of the cost of furnishing the title commitment and policy referred
to in Paragraph 5 above;
(d) One -half the fee, if any., charged by the title insurance company and /or
closing agent for closing the transaction contemplated herein;
(e) One half of the cost of the Survey, if any, referred to in Paragraph 5
above;
(t) One half of the cost of the Environmental Report.
The Purchaser shall, at the Closing (unless previously paid), pay the following:
(a) Recording fees required for recording the general warranty deed;
(b) One half of the cost of furnishing the title commitment and policy referred
to in Paragraph 5 hereof;
(c) One -half the fee, if any, charged by the title insurance company and/or
closing agent for closing the transaction contemplated herein;
(d) One half of the cost of the Survey, if any, referred to in Paragraph 5
hereof;
(e) One half of the cost of the Environmental Report.
9. Taxes and Assessments Sellers shall pay or credit against the Purchase Price all
delinquent eal estate taxes, together with penalties and interest thereon, all assessments which
are a lien a ainst the Premises as of the date of closing, both current and reassessed and whether
due, or to b come due and not yet payable, all use recoupment taxes (agricultural or otherwise)
5
for years it
through thi
year and c
recently vc
is the inter
amount as
Treasurer
proration p
final and sl
are shown
authority, t
has not be
10.
Sell
(a)
(b)
(c)
(d)
(e)
ough the year of closing, if any, and all real estate taxes for years prior to the closing,
date of closing. The proration of undetermined taxes shall be based on a 365 -day
the last available tax rate and valuations, giving effect to applicable exemptions,
;d millage, change in tax rate or valuation, etc., whether or not officially certified. It
on of the Parties in making this tax proration to give Purchaser a credit as close in
)ossible to the amount which Purchaser will be required to remit to the County
)r the period of time preceding the date of Closing hereof. Upon making the
rvided for herein, Sellers and Purchaser agree that the amount so computed shall be
dl not be subject to later adjustment. Sellers warrant that all assessments now a lien
in said treasurers duplicate, that no improvements have been installed by public
e cost of which are to be assessed against the Premises in the future, and that Sellers
t notified orally or in writing of possible future improvements by public authority,
he cost of which would or might be assessed against the Premises.
Representations and Warranties
hereby represent and warrant as follows:
Sellers have not received any written notice or notices 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;
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 Sellers are a party or by which Sellers or the Premises might be bound;
Sellers have no knowledge of any fact or condition which would result in the
termination or material limitation of the existing pedestrian and/or vehicular
access to the Premises from abutting public roads;
No other person or entity other than Purchaser has or will have any right to
acquire the Premises, or any portion thereof;
The execution, delivery and performance by Sellers of this Agreement and the
performance by Sellers of the transactions contemplated hereunder, and the
conveyance and delivery by Sellers to Purchaser of possession and title to the
.Premises have each been duly authorized by such persons or authorities as may be
required, and on the date of Closing, Sellers shall provide documentation, in form
satisfactory to Purchaser, evidencing such authorization;
From the Effective Date through and until the Closing, Sellers shall not enter into
any easement, lease or other contract pertaining to the Premises and shall not
modify or change the condition of the Premises, unless Purchaser has approved of
such modification or change; and
(g)
KIND,
VALUE
(a)
11.
covenants
under this .
deed of con
be true and
by Purchas(
Sellers hen
and all clai
kind (inclu
the nforesa:
at any time
the operatic
any untruth
warranties
delivered h
hereby, ex
Premises.
Sellers are not a "Foreign Person" as that term is defined in the Foreign
Investment in Real Property Tax Act.
TT AS EXPRESSLY SET FORTH HEREIN, SELLERS HEREBY EXPRESSLY
AND NEGATES ANY REPRESENTATIONS OR WARRANTIES OF ANY
THER EXPRESS OR IMPLIED, RELATING TO THE CONDITION OF OR
THE PREMISES. PURCHASER IS PURCHASING THE PROPERTY "AS -IS
AND IS SOLELY RELYING ON ITS OWN DUE DILIGENCE AND
J OF THE PREMISES.
hereby represents and warrants as follows:
That Purchaser's execution and delivery of, and performance under, this
Agreement is pursuant to valid authority duly conferred upon Purchaser and the
signatory hereto; and the consummation of the transactions contemplated hereby
and the compliance by Purchaser with the terms of this Agreement do not and will
not conflict with or result in a breach of any of the terms or provisions of any
agreement, arrangement, understanding, accord, document, or instrument to
which Purchaser is a party or by which Purchaser is bound, or constitute a
violation of any law or ordinance to which Purchaser is bound or subject.
Survival of Representations and Warranties The warranties, representations,
I agreements set forth in this Agreement shall not be canceled by performance
;reement, but shall survive the closing of this transaction and the delivery of the
yance hereunder. All representations and warranties set forth in Paragraph 10 shall
rrect as of the date hereof and as of the date of Closing, and at Closing, if requested
Sellers shall so certify, in writing, in form reasonably requested by Purchaser.
)y agrees to defend, indemnify and hold Purchaser harmless from and against any
is, demands, law suits, losses, liabilities, damages and expenses of every nature and
ng, without limitation, cleanup costs and attorneys' fees arising by reason of any of
or an action against the Sellers under this indemnity) which Purchaser may sustain
s a result of, arising directly or indirectly from, out of or in any way connected with
t, ownership, custody or control of the Premises prior to the Closing by reason of
breach, misrepresentation or nonfulfillment of any of the covenants, representations,
agreements made by Sellers in this Agreement or in any documents or agreements
connection with this Agreement or with the closing of the transaction contemplated
;pting any such claim arising as a result of Purchaser's actions related to the
12. 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 seived 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 recei it requested, addressed to the other Party as follows:
If tdi Seller:
Wit li h copy
or such oth
notice to be
Joseph V. Burger and
Corrine Burger
5525 Avery Rd.
Dublin, Oh 43096
address as Seller may hereinafter designate by written notice to Purchaser. Any
rved on Purchaser shall be addressed as follows:
Marsha I. Grigsby
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
copy t�: Stephen J. Smith
Ice Miller LLP
250 West Street
Columbus Ohio 43215
or such othgr address as Purchaser may hereinafter designate by written notice to Sellers.
13. 1 Entire Agreement
Thi Agreement constitutes the entire understanding of the Parties with respect to the
subject ma ter hereof and supersedes all prior negotiations, discussions, undertakings, and
agreements between the Parties. This Agreement may be amended or modified only by a writing
executed N the Parties.
14.
Th.
eof0
) as to
in Franklin
waive any
Applicable Law; Venue
Agreement is governed by and will be construed in accordance with the laws of the
o (regardless of the laws that might be applicable under principles of conflicts of
I matters, including, but not limited to, matters of validity, construction, effect, and
. The Parties consent to the exclusive jurisdiction of the courts of the State of Ohio
2ounty, and the United States District Court for the Southern District of Ohio, and
contention that any such court is an improper venue for enforcement of this
15. 1 Time of Essence
is of the essence of this Agreement in all respects.
16. Assi ng meni
Thi Agreement is binding upon and inure to the benefit of the Parties, their respective
heirs, legal representatives, successors and assigns. Any assignment of this Agreement will not
relieve the assigning party of its obligations under this Agreement. Notwithstanding the
foregoing, ellers plan to form a limited liability company ( "LLC ") to transfer the Property to
and substi[ to as Sellers under this Agreement. Upon the proper formation of the LLC and
transfer of 11heProperty to the LLC, the LLC shall assume all the obligations of Sellers provided
by this Agr ement and the Sellers executing. this Agreement shall be released.
17. Invalidity
In It e event that any provision of this Agreement is held to be invalid, the same will not
affect in any respect whatsoever the validity of the remainder of this Agreement.
18. Waiver.
Any waiver of a right or default under this Agreement must be in writing. Any waiver of
a particular default will constitute a waiver of such default only and not of any other default by
the ponwai iing party. Any waiver of a specific right or remedy under this Agreement will
constitute a waiver of such right or remedy only and not of any other right or remedy of the
waiving pa Ly.
19. Headings
The subject headings of the various sections of this Agreement are included for purposes
of convenie ce only and will not affect the construction or interpretation of any of its provisions.
20. Counterparts
considered
are not sigr
Agreement may be executed in one or more counterparts all of which will be
me and the same agreement, binding on all Parties, notwithstanding that all Parties
dories to the same counterpart.
[signatures appear on the following pages]
PURCHASER:
THE CITY OF DUBLIN, OHIO
Burger Marsha I. Grigsby, City Manager
STATE
COUNTY (OF FRANKLIN
Y.M
BE T REMEMBERED, that on this /,7Y day of , 2013, before me, the
subscriber, a Notary Public in and for said state, personally appeared Marsha I. Grigsby, City
Manager of the City of Dublin, Ohio, an Ohio municipal corporation, the Purchaser in the
foregoing A greement, and acknowledged the signing thereof to be his/her voluntary act and deed
for and on t ehalf of the City of Dublin, Ohio.
IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed my
official wall on the day and year last aforesaid.
Notary Public
STATE
COUNTY tpF FRANKLIN
: ss.
BE IT REMEMBERED, that on this /Z5 day of 2013, before me, the
subscriber, Notary Public in and. for said state, personally a eared Joseph V. and Corrine
Burger, the Sellers in the foregoing Agreement, and acknowledged the signing thereof to be
ol
his /her v tary act.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed my
official seall on the day and year last aforesaid.
6L 1Z '
Not Puy is
os�'°P "" Page 10 of 12
429305011 rq
, 7 Z OF r,1
Approved as to form:
Stephen J. Smith, Law
CERTIFICATE OF AVAILABILITY OF FUNDS
I cei tify that the money required to meet the obligations of Dublin hereunder has hereby
beetl lawfully appropriated for such purpose and is in the treasury or in the process of collection
to the credi of this fund, free from an previous obligation or certification as required by Ohio
Revised Coe §5705.01 to §5705.47.
Dat Dublin Finance Director
Legal description 0.765 acres and known as tax parcel 274- 000072 -00