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19-90 Resolution - . RECORD OF RESOLUTIONS National Graphics Corp., Cols., O. ~~, n~~~ks Form No. 6233-A Resolution NO.n 19-90 Passed _ 19 A RESOLUTION AMENDING RESOLUTION NUMBER 26-89 ESTABLISHING A COMMUNITY REINVESTMENT AREA WITHIN THE CITY OF DUBLIN, AND DECLARING AN EMERGENCY WHEREAS, the Ohio Revised Code empowers municipal corporations to designate areas ~community reinvestment areas; and, WHEREAS, Council passed Resolution Number 26-89 on November 6, 1989, establishing a community reinvestment area known as the Tuttle Road Community Reinvestment Area; and, WHEREAS, Council desires to amend such resolution for the purposes of further clarifying specific elements of the Tuttle Road Community Re- investment Area; and, NOW, THEREFORE , BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, 7 of its elected members concurring that: Section 1. Resolution Number 26-89 is hereby amended to provide that the Tuttle Road Community Reinvestment Area established thereby shall provide for a tax exemption for a period of ten (10) years for the parcels of real estate within the Tuttle Road Community Reinvestment Area that qualify the comply with all applicable elements of the Ohio Revised Code, which exemption period shall commence January 1, following the year the certification of qualification is made by the Housing Officer as required by the Ohio Revised Code. "- Section 2. Resolution Number 26-89 is hereby amended to provide that the Tuttle Road Community Reinvestment Area shall continue in existence through December 31, 2010 and further that no applications for tax abatement shall be accepted, considered or approved within said area after December 31, 2000. Section 3. Resolution Number 26-89 is hereby amended to provide that the exemption sought and granted under said resolution be applicable to one hundred percent ( 10010) of the value of all improvements constructed upon such parcels of real property for which a tax abatement is granted. Section 4. The Clerk of Council is hereby directed to cause this Resolu- tion to be published in a newspaper of general circulation within the City once a week for two consecutive weeks immediately following its passage or as otherwise required by law. This Resolution be and the same is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare for the reason that time is of the essence so as to be able to comply with and otherwise accomplish the goals inherent in the establishment of the community reinvestment area. Passed this 21st day of May , 1990. I, Frances M. Urban (ierk or Cound, hewhr corti~ t,IQi tha foregoing is a true copy ofx()r:DlGmW'Resolutlon No. _ 9-9 duly adopted by the Council of the City of Dub!:n, Ohio, on the 21st f May , 1990. ~~,~ Attest: Clerk of (ouodl, Oublin, Ohio - I hereby certify that copies of this Ordinance/Resolution were posted in thb -", -- '''1 '" "~'" J~~,~ City of Dublin in accordance with Sedlon 731.25 of the Ohio Revised (ode. J~-I4~'~ Clerk of Counc]. Clerk of Cou cil, D lin, .~hio ~ i ,. WILES, DOUCHER. VAN BUREN 8 BOYLE co.. L. P. A. ARTHUR W. WILES A TTORNEYS AT LAW RlOiARD D. BRlNGARDNER THOMAS A. DOUG-IER PAUL M DOUG-IER DANIEL G. WILES II 5 WEST MAIN STREET CRAIG D_ ANDREW JAMES M. WILES SUITE 100 BRUCE H. BURKHOLDER STANLEY K. VAN BUREN COLUMBUS. OHIO 43215-5043 MIGiAEL 1. KEllEY THOMAS E. BOYLE J~1.BRUDNY.HL. ROBERT E. LEE TELEPHONE 614/221-5216 CHRISTINE E_ DEKEN GLENNON J. KARR FACSIMILE 614/221-5692 KEVIN R. BUSH THOMAS 1. KEENER KEllEY KEMP TI-IORSON DAVID T. PATTERSON JOHN T. KElLY W. Cl-IARlE5 CURLEY MARY T. FA/RAND May 4, 1990 - -.ADMITTED IN OHIO AND NEW JERSEY Jan Rozanski, Mayor City of Dublin 6665 Coffman Road Dublin, Ohio 43017 Re: Resolution No. -90 Amendment to Tuttle Crossing Community Reinvestment Area Dear Jan: This firm represents Bradenton Tuttle Partnership ("Bradenton Tuttle") which is an entity largely comprised of the principals of The Daimler Group, Inc. (i.e. Robert C. White, Conrad W. Wisinger, Friedrich K.M. Bohm, Hal W. Field, Herman Ziegler, G. Bradford Johnson, Denison "Chip" Neale, Jr. , and H.E. Schmidt, III) . Bradenton Tuttle is in contract to purchase a seven point five (7.5) plus or minus acre tract of ground located within Pete Edwards' Tuttle Crossing Development. Upon acquisition of this piece of real property it is the intention of Bradenton Tuttle to construct a new corporate headquarters facility for Information Dimensions, Inc. (a subsidiary of Battelle Memorial Institute) containing approximately 107,000 square feet of space and costing over ten million dollars. In this respect, our client has undertaken significant efforts to arrange for the completion of the transaction. Included within these efforts has been the preparation of complete plans and specifications for the construction of the building, the arranging of the construction financing through The Huntington Mortgage Company and the negotiating of a lease agreement with Information Dimensions, Inc. In working through the various elements associated with the closing, this firm has pointed out to our client some concerns relating to the establishment of the Community Reinvestment Area at Tuttle Crossing by the City of Dublin. Specifically, we are concerned that the Resolution passed in November, 1989, that being Resolution No. 26-89, a copy of which is enclosed herewith, did not specifically include the duration of the proposed tax exemption period or the amounts (in terms of percentages) thereof. Jan Rozanski, Mayor May 4, 1990 Page 2 Frankly, if this were a smaller project, these particulars may not have risen to the level which they have at this point. However, because the tax exemption in this case amounts to a significant aspect of the economics of this deal, we have recom- mended that the Resolution be amended to specify with clarity the duration of the exemption as well as the amount thereof. In this respect, we believe the staff is generally in agreement with our position, and to this end we are working closely with the City Attorney's Office (specifically Mitch) in preparing a revised Resolution. We have made arrangements for the revised Resolution to appear on the agenda for Council's attention on Monday, May 21, 1990. However, this correspondence is written to advise you that it is our strongest desire that this matter be treated as emergency legislation at that time. That is, many of the aspects of the deal are contingent on certain dates not the least of which is the construction schedule and need to make certain that the tenant is in the building on or before June 1, 1991. In order to accomplish this, it is our strong feeling that we must close all aspects of the transaction and commence construction on or before June 1, 1990. Obviously, in order to accomplish this at this point with the safety of knowing that the corrections have been made to the Resolution, we would need to seek the cooperation of City Council in declaring this matter to be an emergency. I have been advised that Dublin City Counc1l, in particular, is somewhat more reluctant than other municipalities to declare matters to be an emergency when, in fact, there is no evidence thereof. Rest assured in this case there is significant evidence of potential catastrophic financial issues and to the extent deemed necessary, I would be happy to bring forward the various profes- sionals associated with the project to attest to the same. However, because this matter really represents nothing more than the correction of certain clerical aspects of the original Resolution, and because of the nature of the corrections there is no controversy associated with the same, I am hopeful that we can receive the cooperation of City Council. Finally, this letter has been written to you in particular at the recommendation of the staff because of your position as mayor with the thought that your support would be most influential. Accordingly, I should point out that I have similarly sent virtually identical correspondence to Ace Strip and Barbara A. Maurer. . . Jan Rozanski, Mayor May 4, 1990 Page 3 Shortly, I will be contacting you to see if there is any additional information which I need rovide. Thank you for your patience in working through thi etter BHB/kp Enclosure cc: Mr. Robert C. White Mr. Conrad W. Wisinger Mr. Herman Ziegler Mr. Friedrich K.M. Bohm Mr. Hal W. Field Mr. G. Bradford Johnson Mr. Denison "Chip" Neale, Jr. Mr. H.E. Schmidt, III Mr. Frank Stavroff Mr. Peter H. Edwards Mr. Thomas W. Dalcolma Mr. John C. Fergus, II Mr. Charles P. Driscoll Thomas Markworth, Esq. . Ms. Bobbie Clarke Mr. Patrick G. Bowman Ms. Frances Urban Mitchell H. Banchefsky, Esq. Ms. Marsha Grisby - . ; ~-----L_ ....- . I"I"'~ . -- .- " . I 1 .... --.. ~ ...... .. .j; -.... J ;. .-. . .... 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Box 20921 Columbus, Ohio 43220 Please publish the attached Resolution No. 19-90 in the Dublin News once a week for two consecutive weeks and mail to me Proof of Publication. Thank you. Sincerely, ,1 ~ J~ u bE~ Clerk of Council City of Dublin, Ohio 6665 Coffman Road · Dublin, Ohio 43017 · (614) 761-6500 Dub/in . . . where yesterday meets tomorrow