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Home My WebLink About116-92 Ordinance , ~ RECORD OF ORDINANCES Dayton Legal Blank Co. Form No, 30043 Ordinance No,__ .ll.6--9~------ Passed------ . _______m__ m_________ - - _____ _19____ AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INDUCEMENT AGREEMENT WITH ...... COLUMBUS HOCKEY, INCORPORATED TO ASSIST IN THE ~i CONSTRUCTION OF AN INDOOR ICE FACILITY. L WHEREAS, the City of Dublin recognizes the contributions that columbus Hockey, Inc. has made to the Central-Ohio community; and, WHEREAS, Columbus Hockey, Inc. is considering the construction of an indoor ice facility; and, WHEREAS, the City of Dublin is willing to offer assistance to encourage the construction of this facility within the community due to the increased recreational opportunities and the other positive economic benefits which will be forthcoming. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, state of Ohio, -, of the elected members concurring: Section 1. That the City of Dublin, in order to encourage columbus Hockey, Inc. to construct its new facility within Dublin desires to enter into an agreement which enumerates the various ways in which the City can assist in their proposed project. Section 2. That a copy of the agreement is hereto attached as Exhibit "A". Section 3. That the City Manager is hereby authorized and directed to execute said agreement with the columbus Hockey, Incorporated. , Section 4. That this Ordinance be, and the same hereby is, declared to r be an emergency measure necessary for the public health, safety and welfare, and therefore, shall take effect and be in force immediately . upon its passage. ...... Passed this J)~ day of ()~ , 1992. ~ ATTEST /) ~ ~Md ~~ Cler of Counci v 1 Sponsor: City Manager - I herl'bv ~(I'!'(\J :l'\it (Q'J'e~ cfll,:s Onfnor:i:!!/Rsse/t1ticlt were posted in the City of O;j~ h :n tf.:cordance w:th Section 731.25 of the O;lio Revised Code. ~ ~ ~~ Clerk of CouMiI, Dublin, Ohio ~ljI;l...,IItH..'I>_~___'__"""'~::tJlfI!:H_ _ f ~_)i1 . nr:tllo...."...l.A.~'.4C 1/ {., - Cj 2- ~ . .-.. E7-.h ,b j-t A- I ,..,. AGREEMENT OF INTENT BETWEEN CITY OF DUBLIN AND COLUMBUS HOCKEY, INC. ,.... ",-. r .'."_.."""""",,.,,-"- - --" ~,~^'~=~=- .....,. ~ - J , .... , AGREEMENT OF INTENT This Agreement of Intent is entered into on O~ & , 1992, between the City of Dublin (the "City") and Columbus Hockey Inc. , owner of the Columbus Chill, a professional hockey franchise (the "Franchise"), for the purpose of r' Franchise indoor ice inducing the to construct a new hockey, skating, training, meeting, recreation and office facility with an estimated value for the building and improvements of approximately $2,000,000.00 and an estimated size of 40,000 square feet, with construction estimated to commence by Winter, 1992. I. BACKGROUND The Franchise experienced a tremendously successful initial season within the Central Ohio community in 1991-92. During this period, the Franchise and the City have enjoyed a harmonious working relationship. The Franchise and its individual employees have contributed to the quality of life in Central Ohio by their support of community charitable activities and projects, "." ., and by their willingness to serve in volunteer and civic positions. "-" The Franchise has identified a lack of suitable facilities and a need for additional ice skating, ice hockey, training and related activities in Central Ohio, which will necessitate the construction of a new building. It is currently estimated that the building and improvements for the project would have a value of $2,000,000.00 and would be approximately 40,000 square feet in size. The construction of this facility is estimated to result in the employment of between ten and twenty 1 AiT""-' .. , persons. It is anticipated that a final decision regarding this construction project could be made on or about October 15, 1992 and would result in a Winter, 1992 commencement of construction. It is recognized and understood by the City that the Franchise has identified other sites and/or proposals in addition to the Dublin ".., proposal. Those sites and/or proposals will be reviewed and evaluated by the Franchise to determine the most beneficial location for the construction of their practice/skating/hockey facility. To assist in the decision-making process, the City desires to enumerate specific cooperative efforts which will be undertaken in the event the Franchise chooses the Dublin proposal over those other sites and/or proposals being evaluated. This effort is being made in recognition that the construction of this facili ty and the creation of these additional jobs will provide recreational and economic benefits to the community, thereby adding to the quality of life within Dublin and the overall Central-Ohio I"1".cc., area. Ioor.... Accordingly, the City and the Franchise wish to set forth certain matters as to which informal agreement has been reached, to indicate their intent and non-binding agreement in principle with regard to other matters and to specify some of the major outstanding issues yet to be finalized before a legally binding agreement is entered into. Both the City and the Franchise recognize that this Agreement shall be replaced and/or supplemented in the future by more detailed agreements. However, the parties do 2 ..""".,~.._~~ ">t-.- i. '.I - .... illlM'l ('1.... ' .,~ , - , intend that this Agreement shall set forth those intentions, principles and details as to which agreement has been reached at this time. The parties recognize that this document is simply an agreement to agree which will be rendered null and void in the event formal agreement cannot be reached as to all of the issues ~, set forth herein and/or identified subsequently by the parties. II. AGREEMENT OF INTENT The parties, predicated on the previous recitation, agree as follows: 1. provision of site. As requested by the Franchise, the City agrees to provide a site of approximately eight (8) acres that is properly zoned and is otherwise suitable for the construction of an indoor ice facility. The site should have availability of sewer lines, water lines, access roads, gas and electric suitable for the construction of this facility. The Franchise shall be responsible for all costs associated with construction *#;~. and furnishing the facility, such as: the building, site - work, grading, landscaping, lighting, parking, signage, on-site utility extension, utility tap fees, design, etc. It is the intent of the Franchise to use this facility for team practice sessions and for related commercial uses such as skating lessons, public skating, hockey leagues, high school hockey and tournaments, sale and rent of hockey and ice-skating-related wearing apparel, equipment and services, food concessions, and related 3 1''''''' . .. . items and services. The City will initiate land purchase negotiations immediately so as to provide for a construction start on this project as soon as possible. Any site selected for purchase by the city must be acceptable to the Franchise. Both parties agree that the """...., City's contribution to the project shall be solely .- limited to land acquisition, and that the Franchise shall be responsible for all other development and operating costs. 2. project Coordination. The City agrees to give top priority in all respects to processing the building and/or zoning permit applications from the Franchise. The City agrees to work cooperatively with the Franchise in determining any building and/or zoning code requirements that meet the needs of the Franchise and which also satisfy the intent of the various codes. Further, the City agrees to assign the City Manager to .""",,- work closely with the Franchise as a liaison between the - City and the Franchise, and to serve as a coordinator with other agencies and levels of government. 3. Construction and Use. The Franchise agrees to initially construct an indoor ice facility of approximately 40,000 square feet which has an estimated value of approximately $2,000,000.00. The Franchise agrees to design this facility in such a manner that a variety of public and/or recreation activities can be accommodated. Further, the 4 '-~ ~ .~ W"M"'; . .. .. Franchise agrees to allow the City the exclusive right to schedule the use of the facility for no less than twenty percent of its available operating hours. This operating schedule and any associated user fees will be as is mutually agreed between the parties and will be "",..,. determined on an annual basis. The fee shall be at a '"","" reduced rate based the City's percentage upon contribution of the total capital development cost for the facility. 4. Applicable Laws. The Franchise agrees meet all applicable local, state, or federal codes, ordinances, laws or requirements in the construction of this facility. 5. Ownership. The Franchise will own the facility. The Franchise agrees to deed to the City all buildings and improvements constructed under the terms of this agreement at the end of a twenty-five year period. ?fM'''''''''- 6. Additional Use of Land. The City and the Franchise agree - the Franchise may commence negotiations with the City at any time for the construction of a second facility on the land provided by the City, and the City agrees the Franchise shall have an exclusive right to use such land unless such right is waived by the Franchise. Any additional facility beyond the original facility will be deeded to the city twenty-five years after the completion of its construction. Any additional facility will also 5 , iMiiI . 1 . . "- be designed in such a manner that a variety of public and/or recreation activities can be accommodated. The Franchise agrees to allow the City the exclusive right to schedule the use of any additional facility for no less than twenty percent of its available operating hours. "".. The operating schedule and any associated user fees will ~ mutually agreed between the parties and will be be determined on an annual basis. III. INTENTION OF FRANCHISE It is the intention of the Franchise to review the Dublin proposal with full consideration given to the inducements herein enumerated and in recognition of the other benefits available to the Franchise by constructing its facility in the Dublin community. In the event that the Dublin site is chosen, then it is the intention of the Franchise to carry out the construction and operation of the proposed new facility as contemplated by this Agreement and as set forth hereinabove, provided the provisions ,#"'-:'''''' herein are formalized and included wi thin a comprehensive legal ....... agreement addressing all outstanding issues, including but not limited to site, cost and availability; cost and scheduling of City's guaranteed ice time; liability and insurance matters; collateralization of the City's property; effect of potential bankruptcy or termination of business by the CHILL; environmental issues regarding placement and operation of such a facility; agreement not to serve liquor at this site; maintenance and operational control of the facility in the event of default; 6 /;ti~'~;. . .. overall hours of operation; real estate property tax liability; and fast-track building and variance approvals. Franchise agrees to operate facility(ites) in accordance with all applicable laws and regulations. IV. EXPEDITIOUS ACTION ",... The City and the Franchise recognize that the ~ construction of this facility and the creation of additional jobs is a matter of highest priority, and both parties will use their best efforts to proceed as expeditiously as possible in carrying out their responsibilities hereunder. V. AUTHORIZATION This Agreement shall become effective when fully executed by both parties. The City Manager will sign on behalf of the City following the adoption of an ordinance by Dublin City council authorizing such action. CITY OF DUBLIN Ti~~~ ........ City Manager 7 ,~,