02-91 Resolution
. . RECORD OF RESOLUTIONS
-
Dayton legal Blank Co., form No. 30045
- . .------- - -~.._._---_._--_..__.,-~...__..._--_."-" _..- -...------- .---..---.-------
......~ ----------------------------"---------
Hesu{utiull Su, 02-91 P ([ssed 19
A RESOLUTION AUTHORIZING
THE CITY MANAGER TO
ENTER INTO A SETTLEMENT
AGREEMENT TO SETTLE AND
RELEASE ALL RIGHTS AND
DISPUTES IDENTIFIED IN
THE PENDING CIVIL ACTION,
STATE OF OHIO, ex reI.
RANDALL J. ASMO, et al.
v. NANETTE METZ, et al.,
AND DECLARING AN EMERGENCY
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, 6 of the elected members concurring:
Section 1. That the Council of the City of Dublin, Ohio, authorizes
the City Manager to enter into a settlement agreement with Mid-States
Development Corporation for the purpose of settling and releasing all
rights and disputes identified in the pending civil action, State of
Ohio, ex rei. Randa 11 J. Asmo, et al. v. Nanette Metz, et al.,
90CVHl1-9282, filed November 29, 1990, in the Court of Common Pleas,
Franklin County, Ohio.
Section 2. That said settlement agreement is further outlined in
Exhibit "A" attached hereto and included,
Section 3. That the Council of the City of Dublin, Ohio, hereby
approves a councilmatic variance for the lot split described in
Section 9. of Exhibit "A".
Section 4. That the Council of the City of Dublin, Ohio, hereby
recognizes that the annexation of the Dublin Clubhouse and Picnic
Grounds and its related facilities will be a positive addition to
the community.
Section 5. That this Resolution be, and the same hereby is, declared
to be an emergency measure for the preservation of the public peace,
health or welfare of the residents of this City, and therefore this
Resolution shall take effect and be in force immediately upon its
passage.
Passed this 2~day of January , 1991-
J hereby certify that co?lcs of th1s Ql'lfft:'mte/Resabficn were posted in t''''
Attest: City of Dublin in accordance wiih Scct:O!1 731.25 of tho CJo Revised Cod:),
/)
!I >~ YJ/. 'd i
/" / A La /l- .
,~ill /jj';:'..I Y I}, 1: i t-da.t-J Clerk of Council, Dublin, 0 io
C[erk of Countil
EXHIBIT "A"
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day
of January, 1991, between the City of Dublin, Ohio, an. Ohio
municipal corporation ("Dublin") and Mid-States Development
Corp., an Ohio corporation ("MSDCIr), to settle and relE'ase all
rights and disputes identified in the pending civil action, State
of Ohio, ex reI. Randall .]. Asmo, et a1. v. Nanette Met z, at al. I
90CVHll-9282, filed November 29, 1990, in the Court of Common
Pleas, Franklin County, Ohio (the "Lawsuit") on the following
terms and conditions:
1. Upon execution hereof, MSDC agrees to cor..tinue the
Preliminary Injunction Hearing currently scheduled for January
22, 1991, and to proceed toward dismissal of the Lawsujt, in
accordance with the terms ,and conditions hereof.
2. Dublin and MSDC agree to join in requesting Judge
Reda, the presiding judge in the Lawsuit, to 'issue an order to
the State of Ohio Department of Liquor Control ("Department of
Liquor control") mandating the processing of MSDC's liquor permit
Application number 5927830 (the "Application") as if jurisdiction
over the application were restored and retained by Washington
Township, Ohio, and to disregard the annexation affecte~ by
Dublin Ordinance No. 89-90 in connection with the processing of
the Application (the "Order").
3. Upon issuance of the Order, and acceptanc9 thereof
by the Department of Liquor Controll MSDC agrees to cause the
Lawsuit to be dismissed, with prejudice, and to procure the
consent of all plaintiffs named in the Lawsuit to such dismissal.
4. Dublin hereby agrees not to directly or indirectly
challenge any aspect of the processing of the Application, or the
issuance of a liquor permit to MSDC by the Department 0:: Liquor
Control, and to support the Application and the grant 0:: a liquor
permit to MSDC by the Department of Liquor Control. Pr.Lor to the
execution hereof, Dublin will procure, in writing, an a9reement
from Washington Township to decline from any challenge, direct or
indirect, to the Application or to the grant of a liquor permit
to MSDC by the Department of Liquor Control.
5. MSDC agrees not to change the use of the Clubhouse
property, except in compliance with Section 1123.02 of t.he Dublin
Planning and Zoning Code entitled "Certificate of Zonin9
Compliance, If
6. MSDC agrees that it will not sell or permjt the
sale of liquor to the public from the premises and that any such
distribution shall be limited to lessees and their guests. Since
it is the intent of Dublin and MSDC that MSDC operate a
partyhouse/banquet facility/picnic ground at the site :ather than
a bar open to the public, Dublin acknowledges that banquets,
parties, charitable functions, sporting affairs and otller pre-
arranged events (collectively hereafter referred to as "Planned
Events") will be held from time to time at the Clubhou:~e, and
that admission to Planned Events may be open to the public.
Admission tickets to a Planned Event may entitle a pernon to
food, liquor, and/or beer, or admission may, be free wi 1:h food,
liquor and/or beer purchased separately. MSDC may rect3ive a
portion of the proceeds of admission, food, liquor and/or beer
sales as a portion of the Clubhouse rental, or may cablr the
Planned Event itself. It is expressly agreed that liquor sales
in connection with Planned Events shall not be considered as
sales to the public, and such liquor sales shall not bE!
prohibited hereunder.
MSDC further agrees that there will be no assignment or
transfer of the liquor permit for use at the premises ~nless the
assignee or transferee similarly agrees to the restraint against
sale to the public.
7, Dublin agrees not to directly or indirectly
enforce, threaten to enforce or attempt in any way to enforce the
Declaration of Restrictions set forth in Exhibit B to the General
Warranty Deed, filed of record in Volume 14649 'Page I07 of the
Deed Records of Franklin countt, Ohio (the "Restrictions").
Dublin and MSDC further agree hat the operation of the Clubhouse
will be regulated by applicable state and local law.
S. Dublin hereby consents to the use of on-site sewage
and water systems approved by the Ohio Environmental Pr)tection
Agency ("OEPA") and/or the Franklin County Board of Health
("Board of Health") in connection with the development t)f all
property owned by MSDC or its Affiliates (as defined below)
located within Dublin or within any territory annexed b) Dublin.
For the purpose of this Agreement, MSDCAffiliates shall include
the following: S. Robert Davis; Avery Road Ltd., a L1m:L ted
partnership; American Home Building Corporation; Charle:~ R.
Davis; and any entity controlled by S. Robert Davis. MBDC and
its Affiliates shall be entitled to continue to utilize such on-
site sewage and water systems until sewer and water services are
brought to such properties in accordance with Sections ~121.02(d)
and 929.02(c) of the Dublin Codified Ordinances.
Dublin agrees to cooperate with MSDC and its Arfiliates
if the on-site sewage and water systems are otherwise approved by
the governing environmental agency and to communicate tl".e consent
granted hereby to the OEPA and/or the board of Health, es
requested, from time to time, by MSDC or by its Affiliates.
9. Dublin agrees to immediately approve the split of
an approximately 1.615 acre tract of land, being part of Lot 1 of
Northwest Corporate Centre and currently leased by MSDC to
TecMec, Inc. as 6210 Corporate Centre Driver and to approve the
- 2 -
legal description of such 1.615 acre tract and to take such steps
as are necessary to facilitate the possible conveyance of such
tract by MSDC.
10. Dublin agrees to publicly comment favorably on the
Dublin Clubhouse & picnic Grounds, its facilities, and its
annexation to Dublin.
11. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective assigns
and legal representatives,
IN WITNESS WHEREOF, the undersigned have cause.3 this
Agreement to be executed by their duly authorized
representatives, effective as of the date first set forth above.
CITY OF DUBLIN, OHIO
By:
Title:
MID-STATES DEVELOPMENT CORP.
By:
Title:
- 3 -
RECORD OF RESOLUTIONS 251
,>
National Graphics Corp" Cols" 0, ,~, ~ Form No. 6233-A
IT -~
:!
il Hcsollltion No. 11-f(1 Fassed ____ ___mm___m___19______
I'
'c,,=-~~===-~ -
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER
INTO A WATERLINE PAYBACK AGREEMENT WITH SHEREX CHEMICAL
COMPANY.
WHERAS, the Sherex Chemical Company is requesting a payback agreement
and;
WHEREAS, Council has determined that said payback agreement is accept-
able;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Dublin,
State of Ohio, Jr of the members elected thereto concurring:
SECTION 1. That the Village Manager is hereby authorized and directed
to enter into said agreement attached hereto marked as Exhibit "A".
SECTION 2. That this Resolution shall take effect and be in force I
from and after the earliest period allowed by law.
Passed this jpflday of /11ay , 1981.
ea~'.</ ~&<-
Mayor-presiding Officer
ATTEST:
a~J llJ. ~pn/
Clerk of uncil
51'0 nJ"IIt': Ke qJ u t?s r EO;h S t € r- ex
.
I
q-- .,.-.- --- ----" _.._ ..".__ _<.' -----_.__".0._____..---....