Ordinance 071-18Dayton Legal Blank, Inc.
Ordinance No.
71-18
RECORD OF ORDINANCES
Form No. 30043
Passed , 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ASSIGNMENT OF A REAL ESTATE PURCHASE
CONTRACT AND OTHER NECESSARY DOCUMENTS TO
ACQUIRE A 28.84 ACRE, MORE OR LESS, FEE SIMPLE
INTEREST FOR THREE PARCELS LOCATED ON EITERMAN
ROAD FROM THE ROBERT WEILER COMPANY
WHEREAS, The Robert Weiler Company (''Weiler' executed a real estate purchase
contract ("Contract"q to purchase certain real estate with a commonly known address
of 0 Eiterman Road, Dublin, Ohio 43016 consisting of 28.84± acres, Franklin County
Auditor Tax Parcels Number 273-008174, 273-008175, and 273-008176 in the City of
Dublin, County of Franklin, and State of Ohio ('the Property'; and
WHEREAS, the purchase price under the Contract is $4,263,000.00 (four million two
hundred and sixty three thousand dollars); and
WHEREAS, Dublin owns an adjacent parcel with a tax ID #274-001114 ("City Parcel';
and
WHEREAS, in order to facilitate the possible redevelopment of the City Parcel, the City
desires to enter into this assignment to purchase the Property and assume from Weiler
the rights and obligations under the Contract; and
WHEREAS, Dublin has determined that the transactions contemplated by this
Agreement will benefit the Dublin's economy, further the recommendations and vision
of the Community Plan, and enhance the health, safety, and welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin,
Union and Delaware Counties, State of Ohio, r7 of the elected members
concurring, that:
Section 1. The City Manager is hereby authorized to execute all necessary
documentation, including but not limited to, the Assignment of Real Estate Purchase
Contact in substantially the same form as the one attached hereto as Exhibit "A," with
changes not inconsistent with this Ordinance, not substantially adverse to the City, and
which shall be approved by the City Manager, Law Director and Finance Director. The
approval of changes thereto by those officials, and their character as not being
substantially adverse to the City hall be evidenced conclusively by their execution
thereof.
This OrdinarfcVshall take effect at the earliest date allowed by law.
Pased/this 2Aha�of V �� (U , 2018.
Mapor —Presiding Qfficer
ATTEST:
Clerk of Council
Cityof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43016
Phone: 614.410.4400 • Fax: 614.410.4490
To: Members of Dublin City Council
a
From: Dana L. McDaniel, City Manager
Date: October 4, 2018
Initiated By: Donna Goss, Director of Development
Memo
Re: Ord. 71-18 - Proposed acquisition of approximately 28.84 acres of vacant land
located on Eiterman Road
Background
In February 2016, Council authorized the purchase of approximately 79 acres (Parcel #274-
001114) on Shier Rings Road for economic development purposes. Since that time, Development
and Engineering staff have discussed, reviewed and proposed concepts to maximize developable
acreage and simultaneously address roadway network and utility infrastructure needs as outlined
in the current Community Plan.
The availability exists to acquire three parcels (#273-008174; 273-008175; and 273-008176)
totaling approximately 28.84 acres along Eiterman Road adjacent to the aforementioned City -
owned property. Acquisition of these parcels brings about an opportunity to leverage the existing
City asset and increase the likelihood of a broader development strategy as a result of:
• Gaining approximately 1,500 feet of highly visible frontage along OH 161/SR33
• Gaining approximately 1,500 feet of highly accessible frontage along Eiterman Road
• Amassing a total of approximately 100 vacant acres
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Memo re. Ord. 71-18 - Proposed acquisition of vacant land located on Eiterman Road
October 4, 2018
Page 2of2
Purchase price of the three parcels is $4,263,000 or approximately $147,000 per acre. This land
valuation is within the range of current market values in the area as illustrated below:
As a result of forward -thinking leadership, the City of Dublin has recognized the benefits of cluster -
based economic development and is seeking to secure future growth and economic prosperity by
executing a strategy to leverage its existing industry base and core assets. With the addition of the
proposed acreage, a broader and more comprehensive development strategy is possible making
the site more appealing to companies wishing to locate in proximity to the City's growing health
and automotive clusters surrounding the NW33 Corridor.
With authorization to acquire the property, further study will proceed to determine strategies to
take maximum advantage of the expanded site and further secure the City's position as a
preferred location for business growth within Central Ohio's broader regional clusters and
effectively compete in the regional economy. Additionally, staff will review existing plans for
proposed improvements to Shier Rings Road and Eiterman Road to ensure cost-effective and
efficient use of City -owned property. http://dublinohiousa.govjflip jshier-rings-corridor-
study/files/assets/common/down IoadsjShier%20Rings%20Road %20-%20Corridor%20Study.pdf
Funding for this land acquisition will come from the City's General Fund balance (the Finance
Department will bring forward a supplemental appropriation at a future Council meeting).
However, staff is proposing to repay the General Fund for this acquisition from the $500,000
annual allocation for land acquisition that is programmed as part of the Capital Improvements
Program.
Recommendation
Staff recommends approval of Ordinance 71-18 at the second reading/public hearing on October
22, authorizing the City Manager to execute all necessary documents to acquire three parcels
consisting of approximately 28.84 acres located on Eiterman Road from The Robert Weiler
Company.
7679 W Dublin Plain City Road
4.89 acres
$950,000
$194,274.00
11/10/2016
7300 State Route 161 (Costco)
16.4 acres
$4,000,000
$243,902.00
2/26/2016
6000 Post Road
2.94 acres
$652,500
$222,090.00
9/28/2015
Wall Street/Post Road
6.68 acres
$1,469,380
$219,967.00
11/23/2015
6355 Emerald Parkway405
. acres
$990,600
$244,412.00
2/28/2013
5610 Tuttle Crossing B
e rossng oulevard
0.81 acres
$150,000
$185.185.00
10/29/2015
t__
5550 Tuttle Crossing Boulevard
-
2.75 acres
$400,000
$145,455.00
7/21J2016
5105 Hayden Run Drive Amazon
y (Amazon)
58.01 acres
$8.296,100
$143,011.00
2/19/2015
t5490
Hayden Run Rd
12.15 acres
$2,131,900
$175,465.00
3/22/2016
4253 Davidson Road (Mount Carmel)
10.491 acres
$2,885,025
$275,000.00
9/23/2016
4311 Anson Drive (Rock City Church)
14.5 acres
$2,309,440
$159,272.00
6/17/2016
-
$200,730.27
As a result of forward -thinking leadership, the City of Dublin has recognized the benefits of cluster -
based economic development and is seeking to secure future growth and economic prosperity by
executing a strategy to leverage its existing industry base and core assets. With the addition of the
proposed acreage, a broader and more comprehensive development strategy is possible making
the site more appealing to companies wishing to locate in proximity to the City's growing health
and automotive clusters surrounding the NW33 Corridor.
With authorization to acquire the property, further study will proceed to determine strategies to
take maximum advantage of the expanded site and further secure the City's position as a
preferred location for business growth within Central Ohio's broader regional clusters and
effectively compete in the regional economy. Additionally, staff will review existing plans for
proposed improvements to Shier Rings Road and Eiterman Road to ensure cost-effective and
efficient use of City -owned property. http://dublinohiousa.govjflip jshier-rings-corridor-
study/files/assets/common/down IoadsjShier%20Rings%20Road %20-%20Corridor%20Study.pdf
Funding for this land acquisition will come from the City's General Fund balance (the Finance
Department will bring forward a supplemental appropriation at a future Council meeting).
However, staff is proposing to repay the General Fund for this acquisition from the $500,000
annual allocation for land acquisition that is programmed as part of the Capital Improvements
Program.
Recommendation
Staff recommends approval of Ordinance 71-18 at the second reading/public hearing on October
22, authorizing the City Manager to execute all necessary documents to acquire three parcels
consisting of approximately 28.84 acres located on Eiterman Road from The Robert Weiler
Company.
The Columbus REALTORSO commercial land purchase contract shall be printed in 11 point Arial font, and all deviations in the
standard form must be printed in 12 point or larger courier font in bold. Use of courier font in bold denotes deviation
from the standard Columbus REALTORS@ purchase contract. All deletions from the standard form are to be noted by °^`r��t'=
PROPERTY ADDRESS: 0 Eiterman Rd Dublin, Ohio 43016, Washington Twp Page 2 of 7
If Buyer is not satisfied with the condition of the property as disclosed by such inspection(s), Buyer may
terminate this contract by delivering written notice of such termination to Seller within the above specified
period that the contract is null and void. Upon such termination, Buyer's earnest money deposit shall be
released (pursuant to paragraph 14).
Buyer is aware that any reference to the square footage of the premises, both the real property (land) and
improvements thereon, is approximate. If square footage is a material matter to the Buyer, it must be verified
during the inspection period.
(c) Other Contingencies:
Buyer has the right to assign the purchase contract to any affilitated entity or to another entity with at least the same net
worth as Buyer.
(d) If Buyer does not give written notice to Seller within the time frames set forth above that the contingencies
have been satisfied or that Buyer wishes to terminate this transaction, then the above contingencies are
deemed to have been waived.
6. DUE DILIGENCE INVESTIGATIONS:
(a) Survey: (This paragraph 6a not applicable if number of days not inserted.) Buyer, at Buyer's initial
expense, shall obtain an acceptable boundary survey of subject property, prepared by a licensed surveyor,
showing dimensions and locations of all recorded easements affecting, or appurtenant to the premises, and
also showing the legal description of the premises, within 60 days after acceptance hereof. Seller shall
reimburse Buyer for the survey expense at closing. If this sale does not close, Seller shall have no obligation
to pay for the survey.
(b) Utilities: (This paragraph 6b not applicable if number of days not inserted.) This offer is contingent upon
Buyer's satisfaction of the availability of utility connections for water, sanitary sewer, storm sewer, gas and
electricity being located in a public street or right of way, or other form of public utility easement adjoining the
subject premises at the property line, within 60 days after acceptance hereof. Said utilities shall be available
in sufficient quantities and size for the development of the property as reasonable determined by Buyer and at
a cost acceptable to Buyer.
(c) Feasibility: (This paragraph 6c not applicable if number of days not inserted.) Buyer shall have determined
to its sole satisfaction, at Buyer's expense, that Buyer's intended development is financially feasible including,
without limitation, Buyer's approval of all site preparation costs. Financial feasibility studies and all site
preparation costs must be approved by Buyer within 60 days after acceptance hereof.
(d) Zoning & Permits: (This paragraph 6d not applicable if number of days not inserted.) This offer is further
contingent upon Buyer obtaining rezoning, if necessary, from all applicable authorities from the current zoning
to allow for Buyer's intended use which is investment , and Buyer obtaining all
necessary permits, agreements, approvals (site plan/building permits), and licenses from all applicable
authorities for Buyer's proposed development, by Buyer within 60 days after acceptance hereof.
Any and all costs related to Buyer obtaining such rezoning, permits, agreements, approvals and licenses shall
be borne by Buyer. Seller shall execute the zoning application if needed and shall cooperate with Buyer in
obtaining said rezoning but Seller shall not be required to personally attend any meetings.
(e) If Buyer does not give written notice to Seller within the time frames set forth above that the contingencies
have been satisfied or that Buyer wishes to terminate this transaction, then the above contingencies are
deemed to have been waived.
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PROPERTY ADDRESS: 0 Eiterman Rd Dublin, Ohio 43016, Washington Twp Page 3 of 7
(f) RENTS, INTEREST, CONDOMINIUM CHARGES, INSURANCE, UTILITIES AND SECURITY DEPOSITS:
Adjustments shall be made through date of closing for: (a) rents; (b) interest on any mortgage assumed by
Buyer; (c) condominium or other association periodic charges; (d) transferable insurance policies, if Buyer so
elects; and (e) any community development charge applicable to the premises that was created by a covenant
in an instrument recorded at (insert county) , Vol. /Page No. or Instrument No.
[Note: if the preceding blanks are not filled in and a community development charge affects the
property, this contract may not be enforceable pursuant to R.C. 349.07] Security deposits, if any, shall be
transferred to Buyer. Seller shall pay, through date of possession, all accrued utility charges and any other
charges that are or become a lien.
7. DAMAGE OR DESTRUCTION OF PROPERTY: Risk of loss to the property and appurtenances shall be
borne by Seller until closing. If any part of the property covered by this contract is substantially damaged or
destroyed before this transaction is closed, Seller shall give a written notice to Buyer and/or Buyer's Broker
that the damage or destruction has occurred. Such notice must include all pertinent information regarding
insurance policies and claims covering the property that has been damaged or destroyed. The written notice
shall be delivered within forty-eight (48) hours from discovery of the event causing the damage or destruction.
Buyer may (a) proceed with the transaction and be entitled to all insurance money, if any, payable to Seller
under all policies covering the property, or (b) terminate this contract, by giving written notice to Seller and or
Seller's Broker within ten (10) calendar days after Seller has received written notice of such damage or
destruction. If Buyer elects to rescind, then all parties are released from liability and the earnest money
deposit shall be returned to Buyer pursuant to paragraph 14. Failure by Buyer to so notify Seller or Seller's
Broker shall constitute an election to proceed with the transaction.
8. EMINENT DOMAIN: If, prior to the date of closing, eminent domain proceedings shall be threatened or
commenced against all or any part of the premises, Seller shall give a written notice to Buyer and/or Buyer's
Broker within forty-eight (48) hours of Buyer's receipt of notice of the threatened or commenced eminent
domain action setting forth the pertinent terms of the threatened of commenced eminent domain action. Buyer
may: (a) elect to proceed to close the purchase of the premises in accordance with the terms of this contract,
in which event the Buyer shall be entitled to all payments payable to Seller on account of such taking as is
applicable to the portion of the premises being purchased; or (b) elect to terminate this contract. If Buyer
elects to terminate this contract, it shall so notify Seller in writing within 20 days after Buyer has received
written notice from Seller of such taking. Failure by Buyer to so notify Seller shall constitute an election to
proceed to close on the purchase of the property, and Buyer shall be entitled to all payments on account of
such taking. Seller represents and warrants that it has no knowledge of any threatened taking which would
affect, involve, or be adverse to the property.
9. CONDITION OF IMPROVEMENTS: Seller agrees that upon delivery of deed, the improvements
constituting part of the Real Estate shall be in the same condition as that on the day of this offer, reasonable
wear and tear excepted and damage accepted by Buyer under Paragraph 5b.
10. EVIDENCE OF TITLE: Seller shall furnish and pay for an owner's title insurance commitment (without
special endorsements) and ALTA policy in the amount of the purchase price. The title evidence shall be
certified to within thirty (30) days prior to closing with endorsement not before 8:00 a.m. on the business day
prior to the date of closing, all in accordance with the standards of the Columbus Bar Association, and shall
show in Seller marketable title in fee simple free and clear of all liens and encumbrances except: (a) those
created or to be assumed by Buyer; (b) those specifically set forth in this contract; (c) zoning ordinances; (d)
legal highways; (e) covenants, restrictions, conditions and easements of record that do not unreasonably
interfere with present lawful use, (or Buyer's intended use which is investment ); and (f)
all coal, oil, gas and other mineral rights and interests previously transferred or reserved of record. Buyer shall
pay any additional costs incurred in connection with mortgage title insurance issued for the protection of
Buyer's lender and any special endorsements to the owner's policy of title insurance. If Buyer desires a
survey, Buyer shall pay for it.
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PROPERTY ADDRESS: 0 Eiterman Rd Dublin, Ohio 43016, Washington Twp Page 4 of 7
If title to all or part of real estate is unmarketable, as determined by Ohio law with reference to the Ohio State
Bar Association's Standards of Title Examination, or is subject to liens, encumbrances, easements, conditions,
restrictions, or encroachments other than those excepted in this contract, Seller shall, within thirty (30) days
after a written notice thereof ("Cure Period"), remedy or remove any such lien, etc. or obtain title insurance
without exception therefore. In the event Seller is unable to remedy to insure against the defect within the
Cure Period, Buyer may terminate this contract by written notice to Seller received by Buyer within ten (10)
days of the expiration of the Cure Period. In the event that Buyer elects to terminate this contract, Buyer and
Seller shall be released from any and all obligations arising under this contract with the exception of Buyer's
indemnification and hold harmless obligations arising pursuant to the terms of Paragraph 5a and Paragraph 5b
of this contract which expressly survive such termination. At closing, Seller shall sign an affidavit with respect
to off -record title matters in accordance with the community custom and shall represent, except to the extent
otherwise disclosed in the environmental site assessment performed by Buyer under Paragraph 5a, to the best
of Seller's knowledge that the subject property contains no hazardous waste.
Seller shall provide the base policy coverage for the applicable ALTA policy. Buyer is responsible for the cost
of any coverage that requires additional premium for endorsements or the deletion of any standard exceptions.
11. TAXES AND ASSESSMENTS: At closing, Seller shall pay or credit on purchase price all delinquent taxes,
including penalty and interest, all assessments that are a lien on the date of contract and all agricultural use tax
recoupments for years prior to the year of closing. At closing, Seller shall also pay or credit on purchase price
all other unpaid real estate taxes that are a lien for years prior to closing and a portion of such taxes and
agricultural use tax recoupments for year of closing, prorated through date of closing and based on a 365 -day
year and, if undetermined, most recent available tax rate and valuation, giving effect to applicable exemptions,
recently voted millage, change in valuation, etc., whether or not certified. Seller has received no written
notification from public authority or owners association of future improvements that would result in costs being
assessed against the real estate. Real estate taxes and assessments are subject to retroactive change by
government authority. The real estate taxes for the property for the current tax year may change as a result of
the transfer or as a result of a change in the tax rate.
12. BUYER'S EXAMINATION: Buyer has examined all property involved and, in entering into this contract, is
relying solely upon such examination and those inspections and due diligence reviews under Paragraphs 5a,
5b, 5c and, to the extent applicable, Paragraphs 6a through 6d with reference to the condition, character and
size of land and improvements and fixtures, if any. This contract constitutes the entire agreement and there
are no representations, oral or written, which have not been incorporated herein. Time is of the essence for all
provisions of this contract. All provisions of this contract shall survive the closing. Buyer is not relying upon any
representations by the Broker(s).
13. INDEMNIFICATION, ENVIRONMENTAL DISCLAIMER BY BROKER: Seller agrees to defend, indemnify
and hold harmless Seller's Broker, and their agents and employees for any cost or liability that may be incurred
by or imposed on Seller's Broker for any breach by Seller of any representation of warranty or for any
misrepresentation or concealment of fact by Seller in connection with the property.
Buyer and Seller acknowledge that Broker(s) have made no independent investigation to determine whether
hazardous materials exist in, on or about the property.
14. EARNEST MONEY DEPOSIT:
Within 5 days of the contract being fully executed, Buyer shall deposit with Robert Weiler Company Trust
(the "Holder") earnest money of $ 25,000 (twenty-five thousand dollars) . If deposited with Broker, the earnest
money deposit shall be held in Broker's trust account.
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PROPERTY ADDRESS: 0 Eiterman Rd Dublin, Ohio 43016, Washington Twp Page 5 of 7
14.1 Holder shall maintain the earnest money until one of the following occurs:
(a) The transaction closes, at which time Holder shall disburse the earnest money to the closing agent or
pursuant to the terms of the purchase contract;
(b) The parties direct the Holder, pursuant to written instructions signed by both parties, how the earnest
money is to be disbursed;
(c) The Holder is directed by court order how the earnest money is to be disbursed; or
(d) The earnest money becomes unclaimed funds, as defined in R.C. 169.02(M)(2). After providing notice as
required by R.C. 169.03(D), Holder shall report the earnest money to the director of commerce, pursuant to
R.C. 169.03, and remit the earnest money to the director.
14.2 If Holder holds the earnest money for two years, and the parties have failed to provide Holder with written
instructions, signed by both parties, or a court order that directs Holder how to disburse the earnest money
deposit, then Holder shall as soon as possible return the earnest money to Buyer without notice to Seller. If
Holder cannot locate Buyer, Holder shall report the earnest money to the director of commerce, pursuant to
R.C. 169.03, and remit the earnest money to the director.
14.3. The return of the earnest money deposit shall in no way prejudice the rights of Seller, Buyer or Broker in
any action for damages or specific performance.
15. CLOSING AND POSSESSION: If all of the conditions and contingencies in Sections 5 and 6 by Buyer are
either satisfied, waived by Buyer, or deemed waived as the result of lapse of time, then Buyer and Seller
hereby agree to close this transaction within 30 days of the waiver or satisfaction of the last
contingency at a time and place reasonably acceptable to Buyer and Seller.
At closing, Seller shall pay transfer taxes and deed preparation and shall convey to Buyer marketable title (as
described in Sections 4 and 11) to the real estate by deed in fee simple by transferable and recordable limited
warranty deed (or appropriate fiduciary deed if Seller is a fiduciary) in fee simple, with release of dower, if any.
16. 1031 EXCHANGE: If requested by either party, both parties will cooperate in effecting the transaction
contemplated by this Agreement as a like kind exchange through a qualified intermediary in accordance with
§1031 of the Internal Revenue Code. The party requesting the §1031 Exchange shall be solely responsible for
the qualification of the transaction as a §1031 Exchange at no expense or delay to the other party.
17. DISCLOSURES:
(a) This contract constitutes the entire agreement and no oral or implied agreement exists. Any amendments
to this contract shall be in writing, signed by Buyer(s) and Seller(s) and copies provided to them. This contract
shall be binding upon the parties, their heirs, administrators, executors, successors and assigns. If this
contract involves Seller financing, it may not be assigned. Time is of the essence of all provisions of this
contract. All provisions of this contract shall survive the closing.
(b) Seller has not transferred, conveyed, or reserved any coal, oil, gas, or other mineral rights or interests in
the property, except for the following (none if nothing inserted):
(c) The Buyer has been given the opportunity to examine the property and in making this offer shall rely solely
upon the Buyer's inspections and/or tests with reference to the condition, character, and size of the property.
REV 09/14
Page 6 of 7
(d) It is illegal, pursuant to the Ohio Fair Housing Law, Division (H) of Section 4112.02 of the Revised Code
and the Federal Fair Housing Law, 42 U.S.C.A. 3601, as amended, to refuse to sell, transfer, assign, rent,
lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing
accommodations, or otherwise deny or make unavailable housing accommodations because of race, color,
religion, sex, familial status as defined in Section 4112.01 of the Revised Code, ancestry, military status as
defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising
the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services.
(e) It is illegal, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations
regarding the entry into the neighborhood of a person or persons belonging to one of the protected classes.
(f) Each of the parties hereby represents and warrants to the other that it has all requisite power to enter into
this contract and to perform the terms, covenants and conditions hereof; that the execution and delivery of this
contract has been duly authorized by all necessary persons or entities, and when executed and delivered, this
contract will be a legal, valid and binding obligation of such party, enforceable against it in accordance with its
terms, and that its signatory is duly authorized and empowered to execute this contract on its behalf.
Whenever a date specified herein shall fall on a weekend or legal holiday, the date shall be extended to the
next business day.
18. BROKER'S ACKNOWLEDGEMENT:
(a) Seller and Buyer acknowledge that there are no other Broker(s) involved in this transaction except as
follows:
Buyer Skip Weiler - The Robert Weiler Com
Seller Geoffrey Ortlip - Planned Communities Realty Co.
ISI
(c)
Buyer's broker shall receive a commission of
$ , to be paid by Seller at closing.
% of the purchase price/flat fee of
Seller's broker shall receive a commission per the listing agreement or
19. MISCELLANEOUS:
20. PROFESSIONAL ADVICE AND ASSISTANCE: The parties acknowledge and agree that the purchase of
real property encompasses many professional disciplines. While Broker possesses considerable general
knowledge, Broker is not an expert on matters of law, tax, financing, surveying, structural conditions,
hazardous materials, environmental conditions, inspections, engineering, etc. Broker hereby advises the
parties, and the parties acknowledge that they should seek professional expert assistance and advice in these
and other areas of professional expertise. In the event Broker provides to the parties names of companies or
sources for such advice and assistance, the parties additionally acknowledge and agree that Broker does not
warrant, guarantee, or endorse the services and/or products of such companies or sources.
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PROPERTY ADDRESS: 0 Eiterman Rd Dublin, Ohio 43016, Washington Twp Page 7 of 7
21. SIGNATURES: Only manual or electronic signatures on contract documents, transmitted in original or
facsimile (which includes photocopies, faxes, PDF, and scanned documents sent by any method) shall be valid
for purposes of this contract and any amendments or any notices to be delivered in connection with this
contract. Only original, manually signed documents shall be valid for deeds or other documents to be
delivered at closing. For the purposes of this provision, "contract documents" do not include voice mail or
email messages.
22. TERMINATION: If this Contract is terminated pursuant to Paragraphs 6a through 6d, 7, 8, or 10, then,
with the exception of Buyer's indemnification and hold harmless obligations arising under Paragraphs 5a and
5b, Buyer and Seller shall be released from all obligations arising under this Contract.
23. DURATION OF OFFER AND ACCEPTANCE: This offer shall be open for acceptance through
Sept Month 19th Day 2018 Year 12pm Columbus, Ohio time.
Buyer makes this offer on this
_day of 2018.
Skip Weiler and/or assigns
(Buyer)
By:
Buyer is a license6i rea state agent in the state of Ohio.
(Buyer)
A
FWA10rr
Phone
Fax _
Email
Name of Buyer's Attorney
Deed to:
Seller accepts this offer on this
day of
(Seller)
By:
(Seller)
By:
Address
Phone
Fax _
Email
Name of Seller's Attorney
ALL PARTIES TO THIS CONTRACT MUST BE PROVIDED WITH A COPY.
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Printed Using formsRus.com On -Line Forms Software 12/14
EXHIBIT A
'ashington
COUNTER OFFER (NUMBER 1 ADOPTED EY,
it is recommended that all parties be represented by legal counsel. COLUMBUS
[Be REALTORS'
Page 1 of 1
Date: September 18, 2018
0 Eiterman Rd
Premises Address: Dublin, OH 43016
Seller: Steve Young
Buyer. Skip Weiler
The following is a counter offer:
For Franklin County Parcel Numbers 273-008174, 273-008175, 273-008176
Purchase price shall be $4,263,000.00 (four million two hundred and sixty
three thousand dollars).
All other terms and conditions shall remain the same.
This offer is open for acceptance until: 09/21/2018
Buyer, k- �- Weiler
)Owun-f�z
Seller Steve Y ng
6
Buyer Seller
Date: J ! 1 Date:
REV 07104
Planned Communities Realty Co., 110 Northwoods Blvd., Suite B Columbus, GH 43235
Phone: (614)846-5330 Fax: (614)846.7783 Geoffrey ortlip 0 Eiterman Road,
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h AGENCY DISCLOSURE STATEMENT l:
ANT O► G
The real estate agent who is providing you with this form is required to do so by Ohio law. You will not be bound to pay the
agent or the agent's brokerage by merely signing this form. Instead, the purpose of this form is to confirm that you have been
advised of the role of the agent(s) in the transaction proposed below. (For purposes of this form, the term "seller" includes a landlord
and the term "buyer" includes a tenant.)
Property Address: 0 Eiterman Rd Dublin, Ohio 43016, Washington Twp - 28.84 acres of land
Buyer(s): Skip Weiler and/or assigns
Seller(s): Steve and Sally Young
1. TRANSACTION INVOLVING TWO AGENTS IN TWO DIFFERENT BROKERAGES
The buyer will be represented by Skip Weiler , and The Robert Weiler Co
AGEW(S) BROKERAGE
The seller will be represented by Geoffrey Ortlip , and Planned Communities Realty .
AGENT(S) BROKERAGE
Ili. TRANSACTION INVOLVING TWO AGENTS IN THE SAME BROKERAGE
If two agents in the real estate brokerage
represent both the buyer and the seller, check the following relationship that will apply:
Agent(s) work(s) for the buyer and
Agent(s) work(s) for the seller. Unless personally
involved in the transaction, the broker and managers will be "dual agents", which is further explained on the back of this form.
As dual agents they will maintain a neutral position in the transaction and they will protect all parties' confidential information.
Every agent in the brokerage represents every "client" of the brokerage. Therefore, agents
and will be working for both the buyer and seller as "dual agents". Dual agency is explained
on the back of this form. As dual agents they will maintain a neutral position in the transaction and they will protect all parties'
confidential information. Unless indicated below, neither the agent(s) nor the brokerage acting as a dual agent in this transaction
has a personal, family or business relationship with either the buyer or seller. If such a relationship does exist, explain:
Ill. TRANSACTION INVOLVING ONLY ONE REAL ESTATE AGENT
Agent(s) and real estate brokerage will
be "dual agents" representing both parties in this transaction in a neutral capacity. Dual agency is further explained on the back of
this form. As dual agents they will maintain a neutral position in the transaction and they will protect all parties' confidential
information. Unless indicated below, neither the agent(s) nor the brokerage acting as a dual agent in this transaction has a
personal, family or business relationship with either the buyer or seller. If such a relationship does exist, explain:
represent only the (check one eller o[uyer in this transaction as a client. The other party is not represented and agrees to
represent his/her own best intere.s Any in ormation provided the agent may be disclosed to the agent's client.
CONSENT
I (we) consent to the above relationships as we enter into this real estate transaction. If there is a dual agency in this transaction, l
(we) acknowledge rng the info ation regarding dual agency explain on th hckKolf isform. }�
BUYERMENANT DATE SELLERAANOLORD DATE
Buyer is a licensed real estate agent in the State of Ohio.
Page 1 of 2 Effective 01/01/05
This form is licensed for use to: Robert Weiler
Assienment of Real Estate Purchase Contract
This Assignment of that certain Real Estate Purchase Contract (this "Assignment") is
entered into this day of 2018, by and between The Robert Weiler Company, an
Ohio corporation (the "Assignor") and the City of Dublin, an Ohio municipal corporation (the
"Assignee").
WHEREAS, pursuant to that certain Real Estate Purchase Contract dated September 12,
2018 and the executed counter offer dated September 18, 2018 between The Robert Weiler
Company, as purchaser, and Steve and Sally Young, as seller, (the "REPC") for certain real
property known as Franklin County Auditor Tax Parcel Numbers 273-008174, 273-008175 and
273-008176 as more particularly described in the REPC which is attached hereto as Exhibit "A";
and
WHEREAS, Assignor now desires to assign to Assignee and Assignee desires to assume
from Assignor, all of Assignor's rights and duties as purchaser under the REPC.
NOW, THEREFORE, in consideration of the mutual promises made hereunder, Assignor
and Assignee covenant and agree as follows:
Assignor hereby assigns and transfers to Assignee, and Assignee hereby accepts an
assumes from Assignor, all rights and duties under the REPC.
The parties have executed this Assignment effective as of the date first above written.
"Assignor"
The Robert Weiler Company
an Ohio corporation
By:
Name:
Title:
0127219.0620173 4821-3398-0013v1
"Assignee"
City of Dublin, Ohio
an Ohio municipal corporation
Dana L. McDaniel, City Manager