30-05 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank, Ina Form No. 30043
30-05 Passed •
Ordinance No.
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A RELEASE WITH
EDENSHIER ESTATES, LLC REGARDING CERTAIN
CLAIMS, AND APPROPRIATING FUNDS THEREFOR.
WHEREAS, in February 2005, the Dublin Cite Council ("Council") amended the Future
Land Use Map in the Dublin Community Plan from the 1997 Community Plan designation
of "Residential: Medium Density" to "Mixed. Use-Employment Emphasis," "Existing
Public/Private Parks," and "Public Park" for a certain area located within the City limits;
and
WHEREAS, this area was bounded by US 33/SR 161 to the north, Houchard Road to the
west, Shier-Rings Road to the south and Avery Road to the east; and
WHEREAS, Edenshier Estates, LLC ("Edenshier Estates") submitted various zoning
applications prior to the 2005 amendment that complied with the 1997 Dublin Community
Plan Future Land Use Map; and
WHEREAS, Edenshier Estates expended substantial funds in order to prepare and submit
various zoning applications to the City of Dublin ("Dublin") and to make subsequent
modifications requested by the City over a period of time based on the future land use
identified in the 1997 Community Plan; and
WHEREAS, as a result of both Edenshier Estates' and Dublin staff's reliance on Dublin's
1997 Community Plan in preparing and reviewing Edenshier Estates' proposed
development of their site, Council and Edenshier Estates wish to enter into a formal release
to settle Edenshier Estates' claims; and
WHEREAS, it is necessary to amend the annual appropriations ordinance to provide
funding authorization to execute a release to settle Edenshier Estates' claims.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the attached formal release
with Edenshier Estates and pay Edenshier Estates' claims, which amount to one hundred
and ten thousand dollars ($110,000); and
Section 2. There shall be appropriated from the unappropriated balance in the General
Fund the amount of one hundred and ten thousand dollars ($110,000) to account 101-1119-
710-2840 to settle Edenshier Estates' claims.
Section 3. This ordinance shall take effect and be in force from and after the earliest date
provided by law.
Passed this ~ day of , 2005.
. ~J
Mayor -Presiding OfFicer
ATTEST:
I hereby certify that copies of this
Clerk of Council, Dublin, Ohio Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Depu Clerk of Council, Dublin, Ohio
~~SCHOTTENSTEIN
ZOX & D U N N CO..LPA
MEMORANDUM
TO: Dublin City Council
Jane Brautigam, City Manager
FROM: Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
Stephen J. Smith
DATE: May 23, 2005
RE: Edenshier Estates Settlement and Release -Ord. 30-OS
Summary:
In February 2005, the Dublin City Council ("Council";I amended the Future Land Use Map in
the Dublin Community Plan from the 1997 Community Plan. These amendments included
the area bounded by US 33/SR 161 to the north, Houchard Road to the west, Shier-Rings
Road to the south and Avery Road to the east (the "parcel").
Prior to the amendments, Edenshier Estates, in preparation for developing the parcel,
submitted various zoning applications that were in compliance with the 1997 Dublin
Community Plan Future Land Use Map. Edenshier Estates expended substantial funds to
prepare and submit various zoning applications to Dublin and to make subsequent
modifications requested by Dublin based on the future land use identified in the 1997
Community Plan.
As a result of the funds expended by Edenshier Estates and the potential litigation that could
result, Dublin has reached a settlement of all claims with Edenshier Estates. The Law
Director's Office has prepared a release and settlement agreement for Council's approval.
The attorney for Edenshier Estates, Christopher Cline, has already agreed to the terms of the
settlement. Ordinance No. 30-OS has been submitted to Council for approval of the execution
of the release and settlement agreement.
Recommendation:
Legal staff recommends approval of Ordinance No. 30-05.
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims (hereinafter referred to as
"Release"), effective on the last date executed below, is executed by and between the City of
Dublin (hereinafter "Dublin"), an Ohio municipal corporation, having an address at 5200
Emerald Parkway, Dublin, Ohio 43017 and Edenshier 1?states, LLC, having an address at 90
Woodbridge Center Drive, Woodbridge, New Jersey 07095-0457. (hereinafter "Edenshier
Estates").
WHEREAS, in February 2005, the Dublin City Council ("Council") amended the Future
Land Use Map in the Dublin Community Plan from the 1997 Community Plan designation of
"Residential: Medium Density" to "Mixed Use-Employment Emphasis," "Existing
Public/Private Parks," and "Public Park" for a certain area located within the City limits; and
WHEREAS, this area was bounded by US 33/SR 161 to the north, Houchard Road to the
west, Shier-Rings Road to the south and Avery Road to the east; and
WHEREAS, Edenshier Estates submitted various; zoning applications prior to the 2005
amendment that complied with the 1997 Dublin Community Plan Future Land Use Map; and
WHEREAS, Edenshier Estates expended substantial funds in order to prepare and submit
various zoning applications to Dublin and to make subsequent modifications requested by Dublin
over a period of time based on the future land use identified in the 1997 Community Plan; and
WHEREAS, as a result of both Edenshier Estates' and Dublin staff's reliance on Dublin's
1997 Community Plan in preparing and reviewing Edenshier Estates' proposed development of
their site, Council and Edenshier Estates wish to enter into a formal release to settle Edenshier
Estates' claims;
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THEREFORE, in consideration of the promises, covenants and agreements contained
herein, Dublin and Edenshier Estates covenant and agree as follows:
1. PAYMENT
Dublin and Edenshier Estates acknowledge and agree that upon the execution of this Release,
Dublin will pay ONE HUNDRED TEN THOUSAND DOLLARS ($110,000) to Edenshier
Estates, which total sum Edenshier Estates is willing to accept in full and final settlement of
all of its claims against Dublin.
2. RELEASE
Edenshier Estates LLC, on behalf of itself and its present and former parents, affiliates,
subsidiaries, divisions, partners, officers, directors, shareholders, employees, agents,
representatives, insurers, attorneys, successors and assigns, and in consideration of the
agreements and covenants contained in this Release and the payment received pursuant to
this Release, hereby RELEASES AND FOREVER DISCHARGES THE CITY OF
DUBLIN, its elected officials, officers, agents, employees, and volunteers from any and all
actions, suits, debts and sums of money, complaints, defenses, claims, demands and causes of
action, whatsoever, in law or equity, which Edenshier Estates ever had, now may have, or
may claim to have in the future related to the appro~:in~aCc 12.301 acre propct~ty located on
Shier Ri~n~s Read, Dublin., Ohio.
3. SUCCESSORS
All the terms and provisions of the Release shall be binding upon the respective heirs,
executors, administrators, representatives, successors and assigns of Dublin and Edenshier
Estates.
4. APPLICABLE LAW
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This Release shall be governed by and in accordance with the law of the State of Ohio. The
spirit and intent of this Release is to terminate with finality all claims and disputes by and
between Dublin and Edenshier Estates, and this Release shall be interpreted with such spirit
and intent.
5. ENTIRE RELEASE OF CLAIMS
Dublin and Edenshier Estates agree that the foregoing constitutes the entire Release and there
exists no other agreements, oral or written, between Dublin and Edenshier Estates relating to
any matters covered by this Release.
IN WITNESS WHEREOF, this Release has been executed on the date appearing below.
The City of Dublin
By:
Jane S. Brautigam
Its:
City Manager
Date:
Edenshier Estates, LLC
By:
Its:
Date:
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