Ordinance 24-22
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: June 7, 2022
Initiated By: Matthew C. Earman, Acting Deputy City Manager/Chief Operating Officer
Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Michael Hendershot, PE, Senior Civil Engineer – Development
Re: Ordinances 24-22 – Authorizing the City Manager to Enter Into an
Infrastructure Agreement with EG Retail (America) LLC for the
Turkey Hill Project
Background
EG Retail (America) is the developer for the Turkey Hill project, which is the improvement of 5.5+/-
acres of land at the southwest corner of the Shier Rings Road and Avery Road intersection for a gas
station with carwash and new drive thru restaurant in conjunction with a convenience store, all
designated as auto-oriented commercial facilities. On February 4, 2021, the Planning and Zoning
Commission approved Conditional Use Case 20-161CU for the new drive-thru restaurant in
conjunction with a convenience store, and Conditional Use Case 20-162CU for the gas station with
car wash. The City of Dublin Division of Building Standards has issued site and building permits for
the project.
Infrastructure Agreement
Financial Reimbursement
The Turkey Hill project is subject to City of Dublin and City of Columbus standards that requires
public sanitary sewer to be extended through the site to surrounding properties to accommodate
sanitary sewer service to any upstream tributary area. The University Boulevard, Phase 2 project
already includes the construction of the public sanitary sewer extension along the Turkey Hill site
Avery Road frontage that would have otherwise been the responsibility of the Turkey Hill project to
construct. As part of development of the Turkey Hill site and a condition of approval as part of
Conditional Use Case 20-162CU, the Developer is required to reimburse Dublin through an
Infrastructure Agreement to be considered by City Council, for the actual cost of the public sanitary
sewer extension along the site’s Avery Road frontage (as depicted on the attached exhibits) to the
satisfaction of the City Engineer, prior to building occupancy. The Infrastructure Agreement is the
mechanism for EG Retail (America) LLC to satisfy their commitment to provide financial
reimbursement to Dublin for the actual cost of the public sanitary sewer extension along the site’s
Avery Road frontage. As part of the Infrastructure Agreement, EG Retail (America) LLC will
reimburse the City of Dublin $34,702.00, which represents the actual cost of the public sanitary
sewer extension along the site’s Avery Road frontage. The City of Dublin does not have any financial
obligations under the Infrastructure Agreement.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo
Ordinance 24-22 – Authorizing the City Manager to Enter Into an Infrastructure Agreement with
EG Retail (America) LLC for the Turkey Hill Project
June 7, 2022
Page 2 of 2
Timing of Financial Reimbursement
The Parties agree that EG Retail (America) LLC will make a good faith effort to reimburse Dublin
the cost of the public sanitary sewer extension prior to building occupancy, but no later than
September 1, 2022.
Recommendation
Staff recommends approval of Ordinance 24-22, authorizing the City Manager to enter into an
Infrastructure Agreement with EG Retail (America) LLC at the second reading/public hearing on June
27, 2022.
INFRASTRUCTURE AGREEMENT FOR THE TURKEY HILL DEVELOPMENT
DATE OF AGREEMENT: ______________________
Page 1 of 4
INFRASTRUCTURE AGREEMENT FOR THE
TURKEY HILL DEVELOPMENT
This Infrastructure Agreement (the “Agreement”) dated , __________ 2022, by and
between the CITY OF DUBLIN, OHIO (“Dublin”), a municipal corporation duly organized
and validly existing under the Constitution and laws of the State of Ohio (the “State”) and
its Charter, and EG RETAIL (AMERICA) LLC (“Developer,” and collectively with Dublin,
the “Parties”), a limited liability company authorized to conduct business in the State of
Ohio, witnesseth:
WHEREAS, Developer is presently engaged in the improvement of certain land, being
5.5+/- acres at the southwest corner of the Shier Rings Road and Avery Road intersection
in the City of Dublin, Ohio (within Franklin County) (the “Property”) and is desirous of
constructing a gas station with carwash and new drive thru restaurant in conjunction with
a convenience store, all designated as auto-oriented commercial facilities, as such project
has been approved by the City of Dublin and depicted hereto as Exhibit “A” (the “Project”);
and
WHEREAS, the Project is subject to City of Dublin and City of Columbus standards that
requires public sanitary sewer to be extended through the Property to surrounding
properties to accommodate any upstream tributary area; and
WHEREAS, the University Boulevard Phase II project already includes the construction
of the public sanitary sewer extension along the Property’s Avery Road frontage that
would have otherwise been the responsibility of the Project to construct as depicted
hereto as Exhibit “B”; and
WHEREAS, as part of development of the Property and a condition of approval as part
of Conditional Use application 20-162CU, approved by the Planning and Zoning
Commission on February 4, 2021, the Developer is required to reimburse Dublin via an
infrastructure agreement to be considered by City Council, for the actual cost of the public
sanitary sewer extension along the Avery Road frontage to the satisfaction of the City
Engineer, prior to building occupancy; and
WHEREAS, the Parties agree to enter into this Agreement relating to the Developer’s
financial reimbursement to Dublin for the actual cost of the public sanitary sewer
extension along the Avery Road frontage.
NOW THEREFORE, the Parties covenant, agree and obligate themselves as follows:
1. Developer’s Financial Reimbursement to Dublin for Public Sanitary Sewer Extension.
The Parties agree that the Developer will reimburse Dublin $34,702.00, which
represents the actual cost of the public sanitary sewer extension along the Avery Road
frontage as depicted hereto as Exhibit “C” and Exhibit “D”.
INFRASTRUCTURE AGREEMENT FOR THE TURKEY HILL DEVELOPMENT
DATE OF AGREEMENT: ______________________
Page 2 of 4
2. Timing of Reimbursement. The Parties agree that the Developer will make a good faith
effort to reimburse Dublin the cost of the public sanitary sewer extension prior to
building occupancy, but no later than September 1, 2022.
3. Indemnification and Hold Harmless. Developer agrees to defend, indemnify, protect
and hold harmless the Jurisdictions, their elected officials, officers, employees, agents,
and volunteers from and against any liability for all actions, claims, losses, damages,
costs and/or expenses (including reasonable attorney’s fees) to the extent that such
actions, claims, losses, damages, costs and/or expenses arise out or are in any way
caused by the performance or non-performance of this Agreement, either directly or
indirectly, irrespective of whether such actions, claims, losses, damages, costs and/or
expenses are caused by the acts, omissions or conduct of Developer or its employees,
agents and representatives. Developer shall not be required to indemnify or hold
harmless Dublin to the extent any such actions, claims, losses, damages, costs and/or
expenses are caused by the acts, omissions or conduct of Dublin, its employees,
agents, officers or other representatives.
4. Notices. Except as otherwise specifically set forth in this Agreement, 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 if hand-delivered or sent by recognized, overnight delivery service or by certified
mail, postage prepaid and return receipt requested, addressed to the other Parties at
the addresses set forth in this Agreement or any addendum to or counterpart of this
Agreement, or to such other addresses as the recipients 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. A duplicate copy of each notice,
certificate, request, or other communication given hereunder to the Parties shall be
given also to the others. The Parties, by notice given hereunder, may designate any
further or different addresses to which subsequent notices, certificate, requests, or
other communications shall be sent.
(a) As to Dublin:
City of Dublin, Ohio
Attention: Director of Engineering
6555 Shier-Rings Road
Dublin, Ohio 43016-7295
(b) As to Developer:
EG Retail (America) LLC
Attention: Manny Paiva
Senior Project Manager
Planning Department – Real Estate Group
165 Flanders Road
Westborough, MA 01581
INFRASTRUCTURE AGREEMENT FOR THE TURKEY HILL DEVELOPMENT
DATE OF AGREEMENT: ______________________
Page 3 of 4
5. Extent of Provisions Regarding the Parties; No Personal Liability. 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 official, member, officer, agent or
employee of the Parties in an individual capacity, and to the extent authorized and
permitted by applicable law, no official executing or approving the Parties’ 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.
6. Binding Effect. This Agreement shall injure to the benefit of and shall be binding upon
the Parties, and their respective permitted successors and assigns. The Parties will
observe and perform faithfully at all times all covenants, agreements and obligations
under this Agreement. This Agreement may be amended only by a writing signed by
authorized representatives of all Parties.
7. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Ohio, without giving effect to the principles
thereof relating to conflicts or choice of laws.
8. Assignment. Developer may assign this Agreement, in whole or in part, to a subsidiary
or affiliate of Developer, and such assignment is deemed approved by Dublin with
execution hereof. Any other assignment shall require the written consent of Dublin,
which consent shall not be unreasonably withheld.
9. Complete Agreement. This Agreement constitutes the full and final agreement
between the Parties with regard to public sanitary sewer reimbursement for the
Project.
IN WITNESS WHEREOF, Dublin and Developer have caused this Agreement to be
executed in their respective names by their duly authorized representatives, all as of the
date written above.
(Signatures are on next page.)
INFRASTRUCTURE AGREEMENT FOR THE TURKEY HILL DEVELOPMENT
DATE OF AGREEMENT: ______________________
Page 4 of 4
EG Retail (America) LLC:
By:
Name: Nicholas Unkovic
Its: Chief Legal and Administrative Officer
Date: __________________________
City of Dublin, Ohio:
By:
Name: Dana L. McDaniel
Its: City Manager
Date: ____________________________
Approved as to form:
By:
Name: Jennifer D. Readler
Its: Law Director
Date: ____________________________
EXHIBITS:
A. Site Plan, approved by City of Dublin Division of Building Standards
B. Avery Road Sanitary Sewer Plan and Profile – University Boulevard Phase II Project
C. Cost Estimate for Sanitary Sewer Extension along Avery Road Frontage
D. University Boulevard Bid for Sanitary Sewer Work