74-05 OrdinanceRECORD OF ORDINANCES
Dayton Lega] Blank, Inc. Form No. 30043
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Ordinance No.
74-OS Passed , 20
AN ORDINANCE AUTHORIZING THE PROVISION
OF CERTAIN INCENTIVES FOR PURPOSES OF
ENCOURAGING THE ESTABLISHMENT BY
RECOVERY ONE, LLC OF ITS OPERATIONS AND
WORKFORCE WITHIN THE CITY AND
AUTHORIZING THE EXECUTION OF AN
ECONOMIC DEVELOPMENT AGREEMENT.
WHEREAS, consistent with its Economic Development Strategy (the "Strategy")
approved by Dublin City Council Resolution No. 07-94 adopted on June 20, 1994, and
the updated strategy approved by Dublin City Council Resolution No. 30-04 adopted on
July 6, 2004, the City desires to encourage commercial office and retail development
and provide for the creation of employment opportunities within the City; and
WHEREAS, Recovery One LLC ("Recovery One ") is desirous of establishing its
operations and workforce within the City in consideration for the provision by the City
of economic development incentives; and
WHEREAS, this Council has determined to offer economic development incentives, the
terms of which are set forth in a substantially final form of Economic Development
Agreement presently on file in the office of the Clerk of Council, to induce Recovery
One to establish its operations and workforce within the City, to create jobs and
employment opportunities and to improve the economic welfare of the people of the
State of Ohio and the City, all as authorized in Article VIII, Section 13 of the Ohio
Constitution; and
WHEREAS, this Council finds that it is in the best interest of the City to provide those
economic development incentives to induce Recovery One to establish its operations
and workforce within the City and to provide for the execution and delivery of that
Economic Development Agreement with Recovery One;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
Franklin, Union and Delaware Counties, Ohio, of the elected members
concurring that:
Section 1. The Economic Development Agreement by and between the City and
Recovery One, in the form presently on file with the Clerk of Council, providing for,
among other things, the provision of incentives to Recovery One in consideration for
Recovery One's agreement to establish its operations and workforce within the City, is
hereby approved and authorized with changes therein not inconsistent with this
Ordinance and not substantially adverse to this City and which shall be approved by the
City Manager and Director of Finance. The City Manager and Director of Finance, for
and in the name of this City, are hereby authorized to execute that Economic
Development Agreement, provided further that the approval of changes thereto by those
officials, and their character as not being substantially adverse to the City, shall be
evidenced conclusively by their execution thereof. This Council further authorizes the
City Manager and the Director of Finance, for and in the name of the City, to execute any
amendments to the Economic Development Agreement, which amendments are not
inconsistent with this Ordinance and not substantially adverse to this City.
Section 2. This Council further hereby authorizes and directs the City Manager, the
Clerk of Council, the Director of Law, the Director of Finance, or other appropriate
officers of the City to prepare and sign all agreements and instruments and to take any
other actions as maybe appropriate to implement this Ordinance.
Section 3. This Council finds and determines that all formal actions of this Council
concerning and relating to the passage of this Ordinance were taken in an open meeting
RECORD OF ORDINANCES
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Blank, Inc
Pa e 2
74-OS Passed g , 20
Ordinance No.
of this Council and that all deliberations of this Council that resulted in those formal
actions were in meetings open to the public in compliance with the law.
Section 4. This Ordinance shall be in full force and effect on the earliest date
permitted by law.
Signed:
~-Mayor - Pre ~ i g Officer
Attest:
Clerk of Council
Passed: D~'G~~b~l~ wZ , 2005
Effective: Q ~ , 200
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
~~iJ i~• t~~ _
D ty Clerk of Council, Dublin, Ohio
Economic Development
5800 Shier Rings Road, Dublin, Ohio 43016-1236
f,I1'Y OF DUBLIN phone: 614-410-4600 • Fax: 614-761-6506
To: Members of Dublin City Council _
From: Jane S. Brautigam, City Manag~ Jc~..,...z~S~ ~~.~
Date: November 15, 2005 ~
Initiated By: Colleen M. Gilger, Acting Director of Economic Development C ~
Memo
Re: Ord. 74-OS -Economic Development Agreement with Recovery One LLC
Summary:
Staff has been in discussions with Recovery One LLC regarding the possibility of purchasing a Dublin facility for
the location of its central office.
Recovery One is a worldwide, full-service accounts-receivable management company with over 30 years of
proven asset recovery experience and collection solutions. Recovery One is also geared to support the small
business owner who has the occasional collection need. Its customer base includes clients such as Ashland
Chemical, Coca Cola Enterprises, Safelite Glass, Sterling Commerce, Cardinal Health, Butler Pharmaceutical,
Champaign Bank, Nations Rent, Mettler Toledo, Liebert Global and over 400 more.
Recovery One currently employs approximately 40 people in Central Ohio with an average salary of $36,000,
equating to an annual payroll of $1.365 million. Recovery One's growth strategy includes annual workforce
growth of 20% for the next five years, generating roughly $244,000 in new income tax revenue to Dublin.
Recovery One expects to finalize its purchase and relocation to 5100 Parkcenter Avenue by year's end.
Ordinance No. 74-OS legislates an Economic Development Agreement between the City and Recovery One that
includes a Property Grant of $7,000 for the purpose of offsetting facility purchase costs and moving expenses to
5100 Parkcenter Avenue.
Recommendation:
Staff recommends the Economic Development Agreement and Ordinance No. 74-OS be accepted by City Council
on December 12, 2005.
5100 Parkcenter Ave
ECONOMIC DEVELOPMENT AGREEMENT
THIS ECONOMIC DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into
this day of , 2005, by and between the CITY of DUBLIN, OHIO (the
"City"), a municipal corporation duly organized and validly existing under the Constitution and
the laws of the State of Ohio (the "State") and its Charter, and Recovery One LLC ("Recovery
One ") an Ohio corporation, under the circumstances summarized in the following recitals.
RECITALS:
WHEREAS, consistent with its Economic Development Strategy (the "Strategy") approved
by Dublin City Council Resolution No. 07-94 adopted on June 20, 1994, and the updated strategy
approved by Dublin City Council Resolution No. 30-04 adopted on July 6, 2004, the City desires
to encourage commercial office and retail development and provide for the retention and creation
of employment opportunities within the City; and
WHEREAS, Recovery One desires to locate its operations and create a workforce of 40 +/-
fulltime employee equivalents (FTEs) within the City of Dublin at 5100 Park Center Drive; and
WHEREAS, pursuant to Ordinance No. 74-OS passed , 2005
(the "Ordinance"), the City has determined to offer economic development incentives described
herein to induce Recovery One to locate and establish its operations and workforce within the City
to create jobs and employment opportunities and to improve the economic welfare of the people of
the State of Ohio and the City, all as authorized in Article VIII, Section 13 of the Ohio
Constitution; and
WHEREAS, the City and Recovery One have determined to enter into this Agreement to
provide these incentives to induce Recovery One to locate its operations and create its workforce
within the City.
Now THEREFORE, the City and Recovery One covenant agree and obligate themselves as
follows:
Section 1. Recovery One Agreement to Create Jobs. Recovery One agrees that it will
establish its operations at 5100 Park Center Drive in the City of Dublin (the "Dublin Facility").
Recovery One will occupy the Dublin Facility no later than December 31, 2005 and will employ at
least 40 FTEs within the City of Dublin as part of its operations by December 31, 2005. The
average annual wage of these employees for this period is estimated to be $36,000 with total
estimated payroll withholdings of approximately $245,000 over afive-year period. Recovery One
will purchase its Dublin Facility at 5100 Parkcenter Avenue. Proof of such purchase will be
presented to the City of Dublin as soon as practical after execution and prior to receiving any
incentive from the City of Dublin.
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Section 2. City Agreement to Provide Incentives.
(a) General. In consideration for Recovery One's agreement to locate its operations'
workforce and associated payroll within the City, the City agrees to provide economic development
incentives to Recovery One in accordance with this Section.
(b) Property Grant. Recovery One will purchase its Dublin Facility located at 5100
Parkcenter Avenue. In consideration of that purchase and commitment to locate its operations'
workforce within the City, the City agrees to provide a grant (the "Property Grant") to Recovery
One in the amount of $7,000 (seven thousand dollars). The City will make payment of the
Property Grant to Recovery One no earlier than six months after Recovery One has established
its workforce in the new facility. Prior to making payment of the Property Grant to Recovery
One, the City must receive verification of the facility purchase by Recovery One, and proof of
employment of at least 40 FTEs within the City by December 31, 2005. At its sole discretion, and
prior to the payment of the Property Grant, the City may request any reasonable documentation
with respect to how Recovery One intends to use the Property Grant, to ensure that the Property
Grant achieves the purpose for which it has been granted under this Agreement.
(c) City's Obligation to Make Payments Not Debt; Payments Limited to Non-tax Revenues.
Notwithstanding anything to the contrary herein, the obligations of the City pursuant to this
Agreement shall not be a general obligation debt or bonded indebtedness, or a pledge of the
general credit or taxes levied by the City, and Recovery One shall have no right to have excises
or taxes levied by the City, the State or any other political subdivision of the State for the
performance of any obligations of the City herein. Consistent with Section 13 of Article VIII,
Ohio Constitution, any payments or advances required to be made by the City pursuant to this
Section 2 shall be payable solely from the City's non-tax revenues. Further, since Ohio law
limits the City to appropriating monies for such expenditures only on an annual basis, the
obligation of the City to make payments pursuant to this Section 2 shall be subject to annual
appropriations by the City Council and certification by the Director of Finance of the City as to
the availability of such non-tax revenues.
Section 3. Miscellaneous.
(a) Notices. Except as otherwise specifically set forth in this Agreement, all notices,
demands, requests, consents or approvals given, required or permitted to be given hereunder shall be
in writing and shall be deemed sufficiently given if actually received or ifhand-delivered or sent by
recognized, overnight delivery service or by certified mail, postage prepaid and return receipt
requested, addressed to the other party at the address set forth in this Agreement or any addendum
to or counterpart of this Agreement, or to such other address as the recipient shall have previously
notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by
certified mail, in which event such notice shall be deemed to have been received when the return
receipt is signed or refused. For purposes of this agreement, notices shall be addressed to:
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(i) the City at: 5800 Shier Rings Road
Dublin, Ohio 43016-7295
Attention: Economic Development Director
(ii) Recovery One at: 5100 Parkcenter Avenue
Dublin, OH 43017
Attention: Jerry Cameron
The parties, by notice given hereunder, may designate any further or different addresses to which
subsequent notices; certificates, requests or other communications shall be sent.
(b) Extent of Provisions; No Personal Liability. All rights, remedies, representations,
warranties, covenants, agreements and obligations of the City under this Agreement shall be
effective to the extent authorized and permitted by applicable law. No representation, warranty,
covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to
constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present
or future trustee, member, officer, agent or employee of the City or Recovery One in other than his
or her official capacity. No official executing or approving the City's or Recovery One's
participation in this Agreement shall be liable personally under this Agreement or be subject to any
personal liability or accountability by reason of the issuance thereof.
(c) Successors. This Agreement shall be binding upon and inure to the benefit of Recovery
One and its successors and assigns.
(d) Recitals. The City and Recovery One acknowledge and agree that the facts and
circumstances as described in the Recitals hereto are an integral part of this Agreement and as such
are incorporated herein by reference.
(e) Amendments. This Agreement may only be amended by written instrument executed
by the City and Recovery One.
(f) Executed Counterparts. This Agreement may be executed in several counterparts, each
of which shall be regarded as an original and all of which shall constitute but one and the same
agreement. It shall not be necessary in proving this Agreement to produce or account for more than
one of those counterparts.
(g) Severability. In case any section or provision of this Agreement, or any covenant,
agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any
application thereof, is held to be illegal or invalid for any reason,
(i) that illegality or invalidity shall not affect the remainder hereof or thereof, any
other section or provision hereof, or any other covenant, agreement, obligation or action, or
part thereof, made, assumed, entered into or taken, all of which shall be construed and
enforced as if the illegal or invalid portion were not contained herein or therein,
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(ii) the illegality or invalidity of any application hereof or thereof shall not affect
any legal and valid application hereof or thereof, and
(iii) each section, provision, covenant, agreement, obligation or action, or part
thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in
the manner and to the full extent permitted by law.
(h) Captions. The captions and headings in this Agreement are for convenience only and in
no way define, limit or describe the scope or intent of any provisions or sections of this Agreement.
(i) Governing Law and Choice of Forum. This Agreement shall be governed by and
construed in accordance with the laws of the State of Ohio or applicable federal law. All claims,
counterclaims, disputes and other matters in question between the City, its agents and employees,
and Recovery One, its employees and agents, arising out of or relating to this Agreement or its
breach will be decided in a court of competent jurisdiction within Franklin County, Ohio.
(j) Survival of Representations and Warranties. All representations and warranties of
Recovery One and the City in this Agreement shall survive the execution and delivery of
this Agreement.
(k) Notwithstanding any clause or provision of this Agreement to the contrary, in no
event shall City or Recovery One be liable to each other for punitive, special,
consequential, or indirect damages of any type and regardless of whether such damages are
claimed under contract, tort (including negligence and strict liability) or any other theory of
law.
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Itv WITNESS WHEREOF, the City and Recovery One have caused this Agreement to be executed in
their respective names by their duly authorized representatives, all as of the date first written above.
Approved as to Form:
By:
Printed: Stephen J. Smith
Title: Director of Law
CITY OF DUBLIN OHIO
By:
Printed: Jane Brauti~am
Title: Cit~a~er
RECOVERY ONE LLC
By:
Printed:
Title:
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FISCAL OFFICER'S CERTIFICATE
The undersigned, Director of Finance of the City under the foregoing Agreement, certifies
hereby that the moneys required to meet the obligations of the City under the foregoing Agreement
have been appropriated lawfully for that purpose, and are in the Treasury of the City or in the
process of collection to the credit of an appropriate fund, free from any previous encumbrances.
This Certificate is given in compliance with Sections 5705.41 and 5705.44, Ohio Revised Code.
Dated: , 2005
Marsha I. Grigsby
Deputy City Manager/Director of Finance
City of Dublin, Ohio
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