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HomeMy WebLinkAboutResolution 32-26RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No.22_28 Passed ‘ AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH FRIENDS OF CHRISTKINDLMARKT DUBLIN INC. FOR THE USE OF RIVERSIDE CROSSING PARK IN CONNECTION WITH THE 2026 CHRISTKINDLMARKT DUBLIN, OHIO WHEREAS, on November 17, 2025, the City Council passed Resolution 62025, which authorized the City Manager to enter into an agreement for the management of Christkindlmarkt Dublin, Ohio (the “Market”); and WHEREAS, Friends of ChristkindImarkt Dublin Inc., a non-profit organization affiliated with Christkindlmarkt Dublin LLC, hopes to sell alcoholic beverages at the 2026 Market in connection with the Market’s entertainment experiences; and WHEREAS, to obtain an F-9 liquor permit from the Ohio Department of Commerce, Division of Liquor Control, Friends of Christkindlmarkt Dublin Inc. must execute a lease agreement with the City where the alcoholic beverages will be sold; and WHEREAS, the City has approved alcohol sales on public property for other community events; and WHEREAS, Friends of Christkindlmarkt Inc. will be required to comply with any and all terms and restrictions imposed by the Ohio Department of Commerce, Division of Liquor Control; and WHEREAS, nothing in the lease agreement excuses Christkindlmarkt Dublin LLC from any of Christkindlmarkt Dublin LLC’s obligations under the Holiday Market Operations Agreement entered into by the City and Christkindlmarkt Dublin LLC. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, Delaware, Franklin, Madison, and Union Counties, State of Ohio, 4 of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute a lease agreement with Friends of Christkindlmarkt Dublin, Inc. in substantially the same form as the agreement attached as Exhibit “A”. Section 2. Friends of Christkindlmarkt Dublin Inc. is hereby authorized to sell alcohol within the area of Riverside Crossing Park designated in the lease agreement during the 2026 Christkindlmarkt Dublin, Ohio, subject to any restrictions imposed by the Ohio Department of Commerce, Division of Liquor Control. Section 3. This Resolution shall be effective immediately upon passage pursuant to Revised Charter Section 4.04(a). Passed this Dye day of [Fra cl- , 2026. Lt A-B Mayor — Presiding Officer ATTEST: ud, Obs r area ncil To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Date: August 18, 2026 Initiated By: Lindsay Weisenauer, Chief Communications and Public Relations Officer Alison LeRoy, Community Events Director Joe Batchelor, Assistant Law Director Re: Resolution 32-26 – Lease Agreement with Friends of Christkindlmarkt Dublin Inc. & Alcohol Sales at the 2026 Christkindlmarkt Dublin, Ohio Background On November 17, 2025, City Council passed Resolution 62-25, which authorized the City Manager to enter into an agreement for the planning, development and operation of Christkindlmarkt Dublin, Ohio. Alcohol sales have been anticipated as part of the Market since the City first studied the feasibility of hosting the event several years ago. Because the Market will be held in Riverside Crossing Park, Council authorization is needed for two related items: the temporary lease of a portion of the park to a nonprofit entity affiliated with the Market’s operator, and alcohol sales within the park for the duration of the Market. Council has previously approved alcohol sales on public property for community events, including the Dublin Irish Festival and permitted events such as the North Market Bridge Park Wine Festival. Summary The operator of Christkindlmarkt Dublin, Ohio has established the necessary nonprofit entity, Friends of Christkindlmarkt Dublin Inc., and will apply for the required F-9 liquor permit from the Ohio Department of Commerce, Division of Liquor Control, following Council’s approval of alcohol sales. The permit process also requires a temporary lease of a portion of Riverside Crossing Park to the nonprofit entity affiliated with the Market’s operator. To support a safe and well-managed event, all alcohol servers will be required to complete training from the Dublin Police Department. City staff and Dublin Police will also monitor the Market to ensure it is conducted safely and consistent with the City’s expectations. Recommendation Staff requests Council approve Resolution 32-26, which: (1) authorizes alcohol sales to be conducted by Friends of Christkindlmarkt Dublin Inc. for the duration of the 2026 Christkindlmarkt Dublin, Ohio; and (2) authorizes the City Manager to enter into a lease agreement for the temporary use of Riverside Crossing Park by Friends of Christkindlmarkt Dublin, Inc. in connection with the Market. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo BC Draft 8/10/26 REAL PROPERTY LEASE AGREEMENT This Real Property Lease Agreement (this “Lease”) is made as of [•], 2026 (the “Effective Date”), by and between THE CITY OF DUBLIN, OHIO, an Ohio municipal corporation, with an address of 5555 Perimeter Drive, Dublin, OH 43017 (“Landlord”), and FRIENDS OF CHRISTKINDLMARKT DUBLIN, INC., an Ohio nonprofit corporation, with an address of 7701 Logan Drive, Yorktown, IN 47396 (“Tenant”). Landlord and Tenant may be referred to herein individually as a “Party” and collectively as the “Parties.” 1. PREMISES. Landlord leases to Tenant, in accordance with R.C. 4303.209(A)(1)(c), on the terms and conditions set forth below, that certain public space located in Dublin, Ohio, as more particularly depicted and described on the diagram attached hereto as Exhibit A (the “Premises”) or additional space as expressly approved in writing by Landlord for Tenant’s use in connection with the Event (as defined below), excluding the ice rink, the interior of the pavilion located within the Premises (including any permanent bathroom structures therein), and the garage located on the basement level, which shall remain under Landlord’s exclusive control. 2. PERMITTED USE. Tenant shall use the Premises in connection with Christkindlmarkt Dublin LLC’s temporary operation of a Christkindlmarkt festival, including vendor huts, food and beverage service, entertainment programming, ticketing or admission operations, pedestrian circulation, temporary signage, decorations, storage, and related activities (collectively, the “Event”). 3. TERM; EVENT PERIOD; ACCESS. The term of this Lease shall commence on October 12, 2026 and shall expire on January 17, 2027, unless earlier terminated in accordance with this Lease (the “Term”). Thereafter, this Lease shall automatically renew for successive periods corresponding to the Event dates mutually agreed upon in writing by the Parties, unless either Party provides written notice of non- renewal or termination to the other Party at least sixty (60) days before the commencement of the applicable renewal period. Public operation of the Event shall occur only during the dates and hours approved by Landlord. 4. RENT. Rent for the Premises shall be $1.00 (one dollar) for the Term, payable in a lump sum by Tenant at the address specified by Landlord before commencement of the Term. 5. SECURITY DEPOSIT. Landlord shall not require a security deposit. 6. PERMITS; COMPLIANCE WITH LAWS. Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all licenses, permits, approvals, inspections, consents, and authorizations required for the Event and Tenant’s use of the Premises. Tenant shall comply with all applicable federal, state, and local laws, ordinances, rules, regulations, permits, and governmental orders, and with all reasonable rules and instructions issued by Landlord or any governmental authority having jurisdiction over the Premises or the Event. 7. TEMPORARY LIQUOR PERMIT; ALCOHOLIC BEVERAGES. Landlord and Tenant acknowledge that alcoholic beverages may be sold, served, stored, possessed, or consumed on the Premises to the extent that Tenant has obtained and maintains any and all liquor permits and approvals for the Event (the “Liquor Permit”) from the Ohio Department of Commerce, Division of Liquor Control. Tenant shall be permitted to sell alcohol within the Premises at locations approved by the Ohio Department of Commerce, Division of Liquor Control. Tenant shall be the permit holder of the Liquor Permit and shall be responsible for all obligations, restrictions, and liabilities arising under or relating to the Liquor Permit and BC Draft 8/10/26 the sale, service, storage, possession, or consumption of alcoholic beverages at the Event, including but not limited to any revenue sharing limitations imposed by the Ohio Revised Code and/or the Ohio Administrative Code. If the Liquor Permit is denied, suspended, revoked, not issued, or materially limited, Tenant shall immediately cease all alcohol-related activity affected by such denial, suspension, revocation, non-issuance, or limitation, and Tenant shall be barred from filing any action, in law or in equity, against Landlord for lost profits or other damages related to the Liquor Permit’s denial, suspension, revocation, non-issuance, or material limitations. 8. TEMPORARY IMPROVEMENTS; PERSONAL PROPERTY. All huts, kiosks, booths, tents, stages, fencing, barriers, signage, decorations, lighting, electrical equipment, furniture, fixtures, inventory, supplies, and other personal property or temporary improvements installed or brought onto the Premises by Tenant or its vendors, contractors, agents, employees, or volunteers shall be installed, maintained, secured, used, and removed at Tenant’s sole risk and expense. 9. MAINTENANCE. Tenant shall keep the Premises in a neat, clean, safe, and sanitary condition throughout the Term and shall promptly repair all damage to the Premises caused by Tenant or its vendors, contractors, agents, employees, or volunteers. Landlord shall remain responsible for its customary maintenance and upkeep obligations with respect to the Premises during the Term, including, maintenance of existing public infrastructure, landscaping, sidewalks, streets, lighting, trash receptacles, and other Landlord-owned facilities and improvements located on or serving the Premises. Upon expiration or earlier termination of this Lease, Tenant shall remove all personal property and temporary improvements and restore the Premises to substantially the same condition as existed before Tenant’s entry, ordinary wear and tear excepted. 10. UTILITIES. Landlord shall pay for Tenant’s usage of the Park’s existing electricity and water infrastructure. This does not include any supplemental electricity or water infrastructure deemed necessary by Tenant. If Tenant determines that it is necessary to tap into any fire hydrants, Landlord shall pay the water bill, but Tenant shall pay for any permits associated with tapping into the hydrants. 11. THIRD PARTIES. Tenant shall be solely responsible for the acts and omissions of Tenant’s vendors, contractors, subcontractors, employees, agents, volunteers, and other persons assisting with the Event. Tenant shall cause all such persons to comply with this Lease, applicable laws, and Landlord’s rules and instructions. Tenant shall not permit any vendor or other third party to occupy or use any portion of the Premises except in connection with the Event and in accordance with this Lease and Exhibit A. 12. INSURANCE. Tenant shall obtain and furnish to Landlord evidence of general liability and casualty insurance acceptable to Landlord. Landlord shall be named an additional insured on all such policies. Any and all personal property stored or kept in or on the Premises by Tenant shall be at the risk of Tenant, and Landlord shall not be responsible for any loss, damage, or destruction thereof. 13. INDEMNITY. Tenant shall indemnify and hold Landlord harmless against any and all claims, liabilities, damages, and losses, including expenses incidental to the defense of the same, resulting from injury or death of any person or damage to the Premises occurring on or about the Premises or in conjunction with Tenant’s use of the Premises, unless caused by the negligent acts of Landlord or its employees. 14. DAMAGE; CASUALTY; WEATHER; FORCE MAJEURE. If the Premises are damaged or rendered unsafe or unsuitable for the Event by fire, casualty, severe weather, emergency, governmental BC Draft 8/10/26 order, public safety concern, or other condition beyond the reasonable control of the affected Party, either Party may terminate this Lease upon written notice to the other Party. 15. ASSIGNMENT; SUBLETTING. Tenant shall not assign this Lease or sublet the Premises in whole or in part without Landlord’s prior written consent. Vendor, concessionaire, performer, sponsor, and contractor arrangements entered into by Tenant in the ordinary course of operating the Event shall not constitute assignments or subleases, provided that Tenant remains fully responsible for all obligations under this Lease. 16. DEFAULT; TERMINATION. If Tenant defaults in the payment of rent or any other amount due under this Lease, fails to obtain or maintain required approvals or insurance, violates any law or permit condition, or otherwise defaults in the performance of any obligation under this Lease, Landlord may, upon ten (10) days’ written notice to Tenant, terminate this Lease if Tenant fails to cure the default within such ten (10)-day period, in which event Tenant shall immediately surrender the Premises to Landlord. 17. NOTICES. All notices required or permitted by this Lease shall be in writing and shall be addressed to the Parties at their addresses first set forth above or at such other address as either Party may provide by giving written notice to the other. Any notice shall be effective on the earlier of (a) actual receipt or (b) three (3) days after the notice is sent by certified mail, postage prepaid, addressed as set forth above. 18. MISCELLANEOUS. This Lease is governed by the laws of the State of Ohio. This Lease, together with Exhibit A and any other exhibits attached hereto, constitutes the entire agreement of the Parties regarding the Premises and supersedes any prior negotiations or understandings regarding the subject matter hereof. This Lease may be amended only by a writing signed by both Parties. This Lease shall be binding upon and inure to the benefit of the Parties and their permitted successors and assigns. No waiver of any provision of this Lease shall be effective unless in writing, and no waiver on one occasion shall constitute a waiver on any other occasion. The provisions of this Lease are severable, and the invalidity of one provision shall not affect the validity of the remaining provisions. This Lease may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument. 19. RELATIONSHIP TO OTHER AGREEMENTS. Nothing in this Lease shall excuse Christkindlmarkt Dublin LLC from any of Christkindlmarkt Dublin LLC’s obligations, as imposed by the Holiday Market Operations Agreement entered into by the City of Dublin, Ohio and Christkindlmarkt Dublin LLC. [SIGNATURE PAGE FOLLOWS] BC Draft 8/10/26 This Lease has been signed and is effective as of the Effective Date. LANDLORD THE CITY OF DUBLIN, OHIO, an Ohio municipal corporation By: ________________________________ Name: Megan O’Callaghan Its: City Manager TENANT FRIENDS OF CHRISTKINDLMARKT DUBLIN, INC., an Ohio nonprofit corporation By: ________________________________ Name: Maria Rosenfeld Its: President STATE OF ___________ : : ss. COUNTY OF ____________ : The foregoing instrument was acknowledged before me this _____ day of ___________, 2026, by City Manager Megan O’Callaghan, authorized agent of THE CITY OF DUBLIN, OHIO, who acknowledged the same to be such person’s free act and deed. Notary Public My Commission Expires Approved as to form: ________________________________ Philip K. Hartmann, Law Director STATE OF ___________ : : ss. COUNTY OF ____________ : The foregoing instrument was acknowledged before me this _____ day of ___________, 2026, by ____________, authorized agent of FRIENDS OF CHRISTKINDLMARKT DUBLIN, INC., who acknowledged the same to be such person’s free act and deed. Notary Public My Commission Expires BC Draft 8/10/26 0127219.0620173 4928-2520-5956v1 0127219.0620173 4918-2222-3558v1 EXHIBIT A Diagram of Premises CKD’s responsibility excludes maintenance issues inside the pavilion, permanent bathrooms, ice skating, and garage on basement level