RESOLUTION #09-2005
A RESOLUTION OF THE RICHFIELD TOWNSHIP BOARD OF TRUSTEES TO AUTHORIZE THE
EXECUTION OF AN AGREEMENT WITH THE VILLAGE OF RICHFIELD AND BCAM CORPORATION
PURSUANT TO OHIO REVISED CODE § 709.191
WHEREAS, BCAM Corporation (“Owner”) has petitioned for annexation of
approximately 2.153 acres of land in the Township (the “Parcel”); and
WHEREAS, the Parcel is adjacent to and connects to the Village of
Richfield (the “Village”); and
WHEREAS, the Parcel can be serviced off of Route 21 located in the
Village; and
WHEREAS, the Village owns and operates a water system and sanitary sewer
system (the “Utilities”) which Owner wishes to have made available to service
the Parcel; and
WHEREAS, the Village has indicated that it will continue to make the
Utilities available to the Parcel if the Parcel is annexed to the Village; and
WHEREAS, Owner, being a one hundred percent (100%) owner of the Parcel,
desires to have the Parcel become a part of the Village through annexation; and
WHEREAS, the Parcel is adjacent to a separate parcel of property owned by
Owner and located in the Village (“Village Parcel”), which currently has a hotel
located upon it, which hotel is also partially located on the Parcel in the
Township; and
WHEREAS, the Township has indicated a policy of opposing annexations; and
WHEREAS, the Township and the Village agree that it would be in the best
interest of both communities for both parcels to be administered under a single
zoning law and that the Owner’s desire to consolidate both parcels and treat
such as a single use would be furthered by such annexation.
WHEREAS, the parties desire to enter into an agreement to settle legal
claims and disputes and to mutually agree on certain tax sharing considerations
(the “Agreement”); and
WHEREAS, Revised Code §709.191 provides that the legislative authority of
a municipal corporation and the Township Trustees may enter into an agreement,
whereby the municipal corporation agrees to make annual payments to the Township
to compensate the township for lost revenues; and
WHEREAS, the Township Trustees have reviewed and approved of the
Agreement, a copy of which is attached hereto as Exhibit A and incorporated by
reference herein.
NOW, THEREFORE, be it resolved, by the Board of Trustees of Richfield
Township, that the Township Trustees are authorized to execute and enter into
the Agreement on behalf of the Township.
Date Trustee
Trustee
Trustee
Attest:
_________________________
Township Clerk
EXHIBIT ‘A’
AGREEMENT
THIS AGREEMENT made at Summit County, Ohio, this _____ day of May 2005,
by and between the TOWNSHIP OF RICHFIELD, 4410 West Streetsboro Road, Richfield,
Ohio 44286-0387 (hereinafter the “Township”); the VILLAGE OF RICHFIELD, 4410
West Streetsboro Road, Richfield, Ohio 44286-0387 (hereinafter the “Village”)
and BCAM Corporation, (hereinafter “Owner”).
WHEREAS, Owner has petitioned for annexation of approximately 2.153 acres
of land in the Township, a map of which land is attached hereto as Exhibit A,
and a legal description of which land is attached hereto as Exhibit “B” (the
“Parcel”); and
WHEREAS, the Parcel is adjacent to and connects to the Village; and
WHEREAS, the Parcel can be serviced off of Route 21 located in the
Village; and
WHEREAS, the Village owns and operates a water system and sanitary sewer
system (the “Utilities”) which Owner wishes to have made available to service
the Parcel; and
WHEREAS, the Village has indicated that it will continue to make the
Utilities available to the Parcel if the Parcel is annexed to the Village; and
WHEREAS, Owner, being a one hundred percent (100%) owner of the Parcel,
desires to have the Parcel become a part of the Village through annexation; and
WHEREAS, the Parcel is adjacent to a separate parcel of property owned by
Owner and located in the Village (“Village Parcel”), which currently has a hotel
located upon it, which hotel is also partially located on the Parcel in the
Township. (See, Exhibit B for site plan of the existing hotel.)
WHEREAS, the Township has indicated a policy of opposing annexations; and
WHEREAS, the Township and the Village agree that it would be in the best
interest of both communities for both parcels to be administered under a single
zoning law and that the Owner’s desire to consolidate both parcels and treat
such as a single use would be furthered by such annexation.
WHEREAS, to settle legal claims and disputes and to mutually agree on
certain tax sharing considerations as set forth in this Agreement, the parties
desire to enter into this Agreement; and
WHEREAS, Revised Code §709.191 provides that the legislative authority of
a municipal corporation and the Township Trustees may enter into an agreement,
whereby the municipal corporation agrees to make annual payments to the Township
to compensate the township for lost revenues; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, the parties hereby agree as follows:
1) The prefatory paragraphs set forth in this Agreement are hereby incorporated
herein by reference.
2. Consideration Given by the Village. The Village will remit to the Township
all real estate tax revenue the Township would have received if the Parcel was
not annexed to the Village, commencing with the receipt of tax revenue after the
Parcel is annexed to the Village, including any increase in the real estate tax
revenue from improvements to such Parcel and buildings thereon. For purposes of
calculating the Tax Revenue due to the Township, the Village and the Township
agree that the Township will receive the Township’s share of the property tax
revenue by applying the Township’s tax rates for real property taxes existing as
of the date of assessment for the Township’s current milage only based upon
fifty percent (50%) of the Real Property Assessed Tax value of both the Parcel
and the Village Parcel, which parcels may be consolidated and if so, fifty
percent (50%) of said value of such consolidated parcels. Said consideration due
under this Section shall be made sixty (60) days from the date the Village
receives the revenue from the County of Summit. In the event the Village fails
to remit said revenue within 60 days, the payment shall include interest at ten
percent (10%) per annum, accrued from the date the payment was due.
A. The real estate tax revenue remitted to the Township by the Village shall
include any tax abatement which may, in the future, be granted by the Village to
any owner of the Parcel. That is, tax revenue received under this Agreement by
the Township should not be affected by any tax abatement and the Township shall
receive revenue as if there were no tax abatement, TIF or other tax incentive.
The real estate property tax revenue remitted to the Township shall not include
any monies received by the Village for assessments, if any, for the installation
of any public improvements.
B. The remission of real estate tax revenues under this Section shall be made by
the Village to the Township in perpetuity, commencing with the first receipt of
tax revenue after the Parcel is annexed to the Village.
3. Annexation. The Owner has filed an annexation petition with the Summit County
Council to annex the Parcel from the Township to the Village. The Village shall
support and accept the annexation. The Township agrees not to oppose the
annexation, and covenants not to sue and not to challenge the annexation in
court, should the annexation be granted by the Summit County Council.
Should the annexation not be granted by the Summit County Council or should a
third party challenge the annexation in court, and the final unappealable order
of a court overturns the annexation, this Agreement shall be null and void.
4. Water and Sewer. The Village agrees to continue to make available to Owner,
Village utilities on the same terms and conditions as are available to all other
property owners in the Village.
5. Consideration by the Township. Each Township and Village, on behalf of
itself, its agents, servants, members, trustees, officials, employees,
representatives, assigns and successors, as the case may be, hereby fully
release and discharge the other and its agents, servants, members, employees,
trustees, officials, representatives, assigns and successors, as the case may
be, from any and all rights, claims and actions, known or unknown, which the
other and its above-mentioned successors have or might have stemming from any
differences or claims arising from the above-mentioned annexation.
6. Effect of the Agreement. This Agreement is a complete resolution of the
matters of the annexation of the Parcel between the parties and shall not be
treated as any admission by either party for any purpose.
7. Length of Contract and Termination. This Agreement will continue to run and
be binding on the parties in perpetuity. This Agreement may not be terminated
for any reason without the written consent of both the Village and the Township.
8. Modification. This Agreement may not be modified in any manner, except by the
written consent of the Village and the Township.
9. Parties Bound. This Agreement shall be binding upon and inure to the benefit
of the parties, its agents, servants, members, trustees, officials, employees,
representatives, assigns and successors when permitted by this Agreement.
10. Legal Construction. In the event any or more of the provisions contained in
this Agreement are held to be invalid, illegal or unenforceable in any respect,
the invalidity, illegality or unenforceability shall not affect any other
provision of this Agreement.
11. Prior Agreements Superseded. This Agreement constitutes the entire Agreement
of the parties and supersedes any prior understanding or previous oral or
written agreement between the parties respecting the subject matter of this
Agreement.
12. Governing Law. This Agreement, and all rights, duties and obligations of the
village and the Township, shall be construed under and in accordance with the
laws of the State of Ohio, and all obligations of the parties created hereunder
are performable in Summit County, Ohio.
13. Remedies. If any action at law or equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees, costs and necessary disbursement in addition to any
other relief to which that party may be entitled.
Executed, in duplicate, at Summit County, Ohio, on the day and year first above
written.
Witness: VILLAGE OF RICHFIELD
____________________________________ By:_________________________________
Its Mayor
____________________________________
And:________________________________
Its Clerk
TOWNSHIP OF RICHFIELD
____________________________________ By:_________________________________
Its Trustee
____________________________________
____________________________________ By:_________________________________
Its Trustee
____________________________________
____________________________________ By:_________________________________
Its Trustee
____________________________________
OWNER
____________________________________ By:_________________________________
____________________________________ Its_______________________________
and
____________________________________ By:_________________________________
____________________________________ Its_______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
________________________________ ________________________________
Law Director, Village of Richfield Attorney for Richfield Township
Page last updated on:
02/25/2006
Return to
Resolutions