40-08 OrdinanceRECORD OF ORDINANCES
Inc.
40-08
Or~linance No. Pn.cscd
av
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDED DEVELOPMENT AGREEMENT
WITH THE STONEHENGE COMPANY FOR THE BRIDGE AND
HIGH DEVELOPMENT, AND DECLARING AN EMERGENCY.
WHEREAS, a goal of Dublin City Council is to increase the vibrancy of the Dublin
Historic District through the construction of a mixed use development at the corner of
Bridge and High Streets, which will be known as the BriHi Square; and
WHEREAS, the City desires to execute, and has determined that it is in the City's
best interest to execute, the Second Amendment to Development Agreement in a form
substantially similar to the draft Second Amendment attached hereto as Exhibit "A",
as a means for the City to reach its goal of improving the Dublin Historic District; to
provide Stonehenge with additional space necessary for storage, location of coolers,
and building support functions such as maintenance, janitorial services, elevator
shafts, and mechanicals; and to provide the City with space to place mechanicals and
equipment necessary for the proper operation of a water wall feature which will be
installed within the public areas of the BriHi Square development.
NOW, T~REFORE, BE IT ORDAINED by the Council, of the City of Dublin, State
of Ohio, of the elected members concumng, that:
Section 1. Dublin City Council hereby authorizes the City Manager to execute a
Second Amendment to the Development Agreement with The Stonehenge Company in a
form substantially similar to the draft Second Amendment attached as Exhibit "A."
Section 2. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety, or welfare and for the
further reason that emergency action is necessary to facilitate the commencement of
the improvement to the property in the 2008 construction season. Therefore, this
ordinance shall be effective upon passage.
ATTEST:
Clerk of Council
Passed this ~Sfi day of , 2008.
CITY Or DtiBL[\
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017-1090
Phone:614-410-4400 Fax: 614-410-4490
TO: Members of the Dublin City Council
Memo
FROM: Jane S. Brautigam, City Manager
DATE: June 12.2008
INITIATED BY: Fred Hahn, Director of Parks and Open Space
r:
Sara Ott. Sr. Project Manage>~=
RE: Ordinance 40-08 Authorizing the City Manager to Execute an Amendment
to the Development Agreement with the Stonehenge Company
Summary
The City of Dublin and the Stonehenge Company entered into a development agreement on
June 22, 2007 for the development of city-owned property at Che intersection of Bridge Street
and High Street. The agreement outlines the terms for the sale and purchase of land, design of
spaces, and construction activity.
Ordinance 40-08 proposes a second amendment to the original agreement to address two items.
First, the amendment will allow the Stonehenge Company to construct an additional 10,416
square feet of basement space for support related activities to the building uses. These uses
have been recommended for approval by the Planning Commission and are before Council for
consideration in Ordinance 38-08, with the condition that the development agreement be
amended to permit the additional sub-grade square footage.
Second, the amendment commits the City and the Stonehenge Company to work in good faith
to arrange basement space to support the mechanical needs of the intended water features.
The specific size, location, cost and terms for this space will be determined once preliminary
engineering and design is complete for the water features.
Exhibit A contains the proposed second amendment language. There is no text being deleted
from the original agreement. A full copy of the original agreement is located in the Council
Planning Room.
Recommendation
Staff seeks emergency approval at the second reading/public hearing to expedite the
commencement of construction during favorable weather. Staff recommends passage of
Ordinance 40-08 by emergency on July 1, 2008.
Exhibit A
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amendment") is made and entered into on the day of July, 2008, by and between THE
STONEHENGE COMPANY, an Ohio corporation ("Stonehenge"), whose mailing address is
147 North High Street, Gahanna, Ohio 43230, and the CITY OF DUBLIN, OHIO, an Ohio
municipal corporation (the "City"), whose address is 5200 Emerald Parkway, Dublin, Ohio
43017.
Background Information
A. The City and Stonehenge entered into a certain Development Agreement dated
June 22, 2007 ("Development Agreement") for the construction by Stonehenge of a mixed-use
development at the corner of North High Street and Bridge Street in the Historic District of the
City of Dublin.
B. The City and Stonehenge amended the Development Agreement on November,
14, 2007, to extend the Contingency Date, as defined in Article I, Section 4 of the Development
Agreement, pursuant to the terms thereof.
C. The City and Stonehenge now desire to enter into this Second Amendment to,
among other things, incorporate into the Development Agreement the terms of certain revisions
to the zoning text approved by the City for the subject development, as further set forth herein.
Statement of Agreement
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree to the foregoing Background Information and as
follows:
1. Capitalized Terms. Capitalized and defined terms used in this Second
Amendment shall have the same meanings as those ascribed to them in the Development
Agreement.
2. Spuare Footage of the Buildings. Whereas the text of the Development
Agreement limits the amount of square footage of the Buildings to no more than 11,000 square
feet each, with a combined total square footage of no more than 22,000 square feet, the terms and
provisions of Ordinance 38-08 of the City of Dublin are hereby incorporated into the
Development Agreement and hereby amend Article I, Section I of the Development Agreement
to permit a total of 10,416 square feet of basement space within the Buildings as follows:
(a) High Street Building. The High Street Building may be
constructed with no more than 6,510 square feet of total basement
space, and of that amount, (i) up to 4,010 square feet maybe used
for storage, location of coolers, and building support functions
such as maintenance and janitorial services, and (ii) up to 2,500
square feet may be dedicated to building mechanicals, stairwells,
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elevator shaft and mechanicals, and water feature mechanicals and
equipment. Use of the basement area for purposes of assembly,
including dining areas, food preparation, office space, etc., is
prohibited.
(b) Bridge Street Building. The Bridge Street Building may be
constructed with no more than 3,906 square feet of total basement
space, and of that amount, (i) up to 2,406 square feet may be used
for storage, location of coolers, and building support functions
such as maintenance and janitorial services, and (ii) up to 1,500
square feet may be dedicated to building mechanicals, stairwells,
elevator shaft and mechanicals, and water feature mechanicals and
equipment. Use of the basement area for purposes of assembly,
including dining areas, food preparation, office space, etc., is
prohibited.
(c) Access.
(i) Access to the basements of the High Street Building and
the Bridge Street Building basement spaces shall be limited
to The Stonehenge Company or its designees and
assignees, the Washington Township Fire Department, and
City of Dublin Building Standards and Parks & Open
Space Officials. The City of Dublin Building Official or
the Building Official's designee shall be granted the
permanent right of entry to the structure for any purpose
which shall include, but not be limited to, compliance with
the restrictions on the use of the basement space identified
above.
(ii) Portions of the basement space dedicated to water feature
mechanicals shall be fully partitioned from the remaining
space, with access limited to City of Dublin Building and
Parks & Open Space Officials via a dedicated exterior door
as further set forth in the Declaration.
3. Assitmment. Article X, Section 10 of the Development Agreement is hereby
amended to permit Stonehenge to assign all of its rights, interest, duties and obligations in the
Development Agreement to Bridge & High Limited, an affiliate of Stonehenge.
4. Water Wall Mechanicals. Stonehenge agrees to permit the City to use a portion
of the basement(s) to store and operate any and all mechanicals and equipment necessary for the
proper operation of the water wall feature which the City will install in the Public Area_
Stonehenge and the City agree to work cooperatively and in good faith with each other in
determining the exact amount and location of the space and costs for the space to be used by the
peizssozo.~ ~ Z
City for the forgoing purpose, provided, in any event that such space, cost and location shall be
reasonably acceptable to the City and sufficient to operate the water wall installation.
5. Full Force and Effect. Unless otherwise amended herein, all of the terms and
conditions as set forth in the Development Agreement shall remain unmodified and in full force
and effect and are hereby ratified by the parties. In the event there is a conflict or ambiguity
between the terms of the Development Agreement and this Second Amendment, the terms of this
Second Amendment shall control.
The City and Stonehenge have signed this Second Amendment to be effective as of the
date first written above.
THE STONEHENGE COMPANY, an Ohio
corporation
BY:
PRINT NAME:
ITS:
CITY OF DUBLIN, OHIO, an Ohio
municipal corporation
BY:
Jane Brautigam, City Manager
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