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HomeMy WebLinkAboutResolution 049-20RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No. 49-20 Passed A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL OF A PARKING LEASE AGREEMENT WITH DUBLIN COMMUNITY CHURCH WHEREAS, the City of Dublin (the City) has comprehensively reviewed the parking needs within Historic Dublin be evaluating parking operations, space utilization and turnover; and WHEREAS, the City has historically looked for ways to provide more parking options in the Historic District; and WHEREAS, one method is to obtain, via lease agreements, access to private parking lots; and WHEREAS, the City and the Church have three times previously entered into parking lease agreements for the excess parking in the Church's parking lot; and WHEREAS, the parties desire to renew the parking lease agreement as it has been successful for both parties; and WHEREAS, as a result of the renewed parking lease, 30 spaces will be available for patrons and visitors in the Historic District. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, F7, of elected members concurring that: Section 1. The City Manager is hereby authorized to execute a parking lease agreement with the Dublin Community Church in substantially the same form as the agreement attached as Exhibit „A Section 2. The Resolution is effective upon passage of accordance with Section 4.04(a) of the Revised Charter. Passed thisday of,,_5 , 2020. -.Z� - FS Mayor- Presiding Officer ATTEST: Clerk of Council 7City of Dublin Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 22, 2020 Initiated By: Sara O'Malley, Economic Development Administrator Re: Resolution 49-20 Renewing the Parking Lease Agreement with Dublin Community Church Background Memo On October 10, 2011, City Council approved Resolution 51-11, authorizing the City Manager to enter into a parking lease agreement with Dublin Community Church. At that time, the agreement provided that the City would lease 30 parking spaces to be made available for public use during the workday, and would also be involved in sealing, crack sealing and restriping of the parking lot. The City's value of contributions to the partnership at that time was $8,500. Also addressed in the resolution were reimbursable expenses for snow removal and signs for users of the lot. Also at that time, Resolution 52-11 provided for an agreement between the City and Xcelerate Media, a company located in the Historic District, to sublease the 30 parking spaces the City was leasing from Dublin Community Church, in order to free up time-limited parking spaces closer to the retail establishments. Xcelerate Media was paying the full amount on a monthly basis. In October 2017, Resolution 72-17 was passed detailing a three-year renewal of the agreement authorized in Resolution 51-11. The difference in the terms of the agreement was that the parking lot would not need to be repaired and appropriate signage was already in place. Additionally, Xcelerate Media reduced their sublease from 30 spaces to 15. The City continued to lease the full 30 parking spaces and would provide reimbursement for snow removal expenses. The rental contract at that time also increased from $8,500 to $9,000 annually. Resolution 72-17 will expire on October 14, 2020. Xcelerate Media has since terminated their sub - rental of 15 of the 30 spaces due to the COVID-19 pandemic and their staff working remotely. Additionally, once the staff does return, parking options have increased in the area with the opening of the library garage, negating the need to lease permit parking spaces. As Historic Dublin continues to evolve and compete with other entertainment destinations, and to balance parking needs on the Southwest side of the district, it is staffs recommendation to continue to lease these 30 parking spaces for public use. The original terms of the 2017 resolution will remain intact, with the renewal rate remaining flat at $9,000/year, or $27,000 for the three- year term. It is also staffs recommendation to install more visible signage, changing the language from "Permit Parking" to "Public Parking." Please see parking map in Exhibit A and site photos in Exhibit B for reference. Recommendation Staff recommends approval of Resolution 49-20 at the September 28' Council Meeting. Memo re. Resolution 49-20 Renewing the Parking Lease Agreement with Dublin Community Church September 15, 2020 Page 2 of 3 EXHIBIT A o81 co Bridge StreetChun0 30 00 2 81 N�tondge Street Ii it SArea: A Locations CAres (52, Fort Cityof Dublin roma vzvea area: Approx. i.n xres tszzzs:.1) oric tot! Ain " 1 din 1 ' ,.P a' Kit 1 yj� t 1 ♦'`c � � i �' s t: r� ilk 1 iiW ��rl♦q s.. --�"- .A, h +. W." 7""s, � L`Lot +. W." 7""s, � PARKING LOT LEASE AGREEMENT This Parking Lot Lease Agreement ("the Lease") is made this day of , 2020 by and between the Dublin Community Church, whose mailing address is 81 West Bridge Street, Dublin, Ohio 43017 ("Lessor") and The City of Dublin, an Ohio municipal corporation, whose mailing address is 5555 Perimeter Drive, Dublin, Ohio 43017 ("Lessee"). Lessor and Lessee previously executed a three year lease for the property described below and wish to enter into a new lease under substantially the same terms and conditions. The covenants and conditions stated in the Lease shall bind both Lessor and Lessee, jointly and severally. 1. PREMISES LEASED. Lessor, in consideration of the rent to be paid, and the covenants and agreements to be performed by Lessee, does hereby lease a portion of the parking lot located at 81 West Bridge Street, Dublin, Ohio and more specifically depicted on Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Premises"). The Premises is part of that larger parcel identified as Tax Parcel ID # 273000025, 273000044, 273000077, 273000096, 273000113, 273000122, and 273000124 by the Franklin County, Ohio Auditor's Office (the "Parcel"). 2. LEASE TERM. The term of this Lease shall be for a period of three (3) years, which term shall begin as of the date of signing this Lease and shall expire on a date that is three (3) years later ("Lease Term"). At the end of the Lease Term, Lessor and Lessee may agree to renew the Lease under the terms and conditions negotiated between the Parties. 3. RENT. Lessee shall pay to Lessor monthly the sum of Seven Hundred Fifty Dollars and 00/100 ($750.00) (the "Rent"). Rent shall be due on the date of execution of this Lease and the last day of each month thereafter for the duration of the Lease Term. In the event that Lessee fails to pay Rent within ten (10) days after it becomes due, Lessor shall notify Lessee in writing of the failure to timely pay rent. Lessee will have five (5) weekdays after receiving written notice of such failure to cure. 4. PERMITTED USE. The Premises shall be used solely as a parking lot (the "Permitted Use") and will be open for the Permitted Use from 7:30am until 5:30pm, on weekdays only, excluding Christmas Day, Thanksgiving Day, Memorial Day, Labor Day and the Fourth of July. Lessor may use the Premises exclusively up to five (5) days per year. Lessor must notify Lessee at least two (2) days prior to the date of its use of the Premises. 5. RIGHT OF ACCESS. The designated access point for the Premises shall be the southern entrance from Franklin Street. The City will erect a sign designating this access point. Lessor represents and warrants that it will ensure that Lessee, its sublessees, invitees and licensees, have free access to and from the Premises via this route and Lessee commits to ensuring access only occurs at this point. This Right of Access shall inure to the benefit of Lessee, its invitees, licensees, successors and assigns, for the duration of the Lease Term and any extensions thereof. {H230611&5} 1 6. MAINTENANCE. Lessor shall be solely responsible for performing all maintenance necessary to ensure the integrity of the Premises and its fitness and use as a parking lot, including snow plowing. Lessee will reimburse Lessor for all actual snow plowing expenses incurred and substantiated by Lessor. Such reimbursement shall not exceed a maximum of Seven Thousand Five Hundred Dollars ($7500.00) per year. 7. TAXES AND ASSESSMENTS. Lessor agrees that it will pay any and all assessments and real estate taxes levied against the Premises that are applicable to the Lease Term. 8. INSURANCE. During the Lease Term, Lessee shall, at Lessee's sole cost and expense, keep in full force and effect, a commercial general liability policy, insuring Lessee against any liability or claim for personal liability, wrongful death, or property damage occurring within or upon the Premises arising out of negligent actions of the Lessee, with commercially reasonable policy limits. Lessee shall add the Lessor as an additional insured for negligent actions of the Lessee arising out of its use of the designated parking spaces. Lessee shall verify proof of such insurance coverage by providing a valid certificate of insurance or comparable document to the Lessor for the lease term set forth herein. 9. ASSIGNMENT AND SUBLETTING. Lessee may assign this Lease or sublet the Premises in whole or in part without Lessor's prior written consent. 10. DAMAGE OR DESTRUCTION OF PREMISES. In the event that the Premises is damaged or destroyed by any hazard, peril or other casualty, then Lessor shall, within thirty (30) days of receipt of payment, pay to Lessee any and all monies received as payment for such damage or destruction under the insurance required by Paragraph 8 above. Lessee shall then have the right to elect to (i) use the insurance monies received to repair or restore the Premises to its condition as of the effective date of this Lease or (ii) terminate this Lease and return any Lessor insurance monies received. 11. DEFAULT. Failure to comply with any of the terms and provisions of this Lease shall constitute a default hereof. In the event that either Lessor or Lessee are in default of this Lease, then the non -defaulting party must provide the defaulting party with written notice of the default and the defaulting party shall have thirty (30) days in which to cure the default. If the default is of such a nature that it cannot reasonably be cured within thirty (30) days, then the defaulting party shall have such time as is reasonably necessary to cure the default. 12. TERMINATION. Lessor and Lessee shall have the right at any time during the Lease Term to terminate this Lease upon providing six (6) months prior written notice of the intent to terminate to the non -terminating party. 13. REPRESENTATIONS AND WARRANTIES. Lessor represents and warrants that it has full right and title to the Premises, it is authorized to enter into this Lease and there are no mortgages or other liens on the Premises. Lessor further represents and warrants that Premises is zoned for use as a parking lot and that there are no restrictions, easements, or covenants currently governing the Premises that would prevent its use as a parking lot. Lessor covenants that it will defend Lessee's leasehold title and right to the Premises and ensure Lessee's 2 undisturbed, quiet and peaceful possession of the Premises. Lessor will not do or suffer any act to be done which could in any way lessen or impair the rights of Lessee in the Premises, so long as Lessee shall fully perform and comply with the terms and provisions herein. 14. ENTIRE AGREEMENT. This document shall constitute the entire agreement between the parties and shall supersede any prior agreements of the parties with respect to the Premises, whether written or oral. This Lease shall not be modified or amended except by written instrument signed by both parties. 15. SEVERABILITY. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 16. APPLICABLE LAW. This Lease shall be governed by the laws of the State of Ohio. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first written above. Approved asto Form: Jennifer D. Readler, Law Director 0127206.0607934 4826-5666-1838v1 3 THE CITY OF DUBLIN: Dana L. McDaniel, City Manager THE DUBLIN COMMUNITY CHURCH Ross Walker, Moderator Exhibit A o81 co Bridge neerCFurp 30 fip 2 si V L B�ntlge s(w s mrd Areaue L tions (30 es (52,) Feet Cityof Dublin roma Paved Area: Approx. i.n Acres (szzzs :.c)