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HomeMy WebLinkAbout80-06 Resolution RECORD OF RESOLUTIONS _~~yt_~_n ~5:l_gal Blank, Inc,,~o_~0:J_~~ ~_OQ,!5 - Resolution No. 80-06 Passed ,20_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH GTN CORPORATION (DBA DUBLIN VILLAGE TAVERN) WHEREAS, the City of Dublin is the owner of a building located at 27-29 South High Street in the Historic Dublin district; and WHEREAS, Dublin City Council has expressed their desire to maintain the location as a business establishment in support of Historic Dublin; and WHEREAS, the current tenant, GTN Corporation (dba Dublin Village Tavern), has expressed interest in improving the building to further the business use. NOW, THEREFOtE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. The City Manager is hereby authorized to execute the Lease Amendment attached as Exhibit "A". Section 2. This Resolution is effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this ~ o.fi. day of.AJ 0 u-etnb<:.r' ,2006. ~ . . Mayor - Presiding Officer ATTEST: ~(I ~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code, Office of the City Manager 5200 Emerald Parkway · Dublin, OH 43017 Phone: 614-410-4400. Fax: 614-410-4490 CITY OF DUBLIN Memo TO: Member of Dublin City Council_ ._- FROM: Jane S. Brautigam, City Manager (...; ~5, ~ INITIATED BY: Sara Ort, Assistant City Manager Steve Smith, Law Director DATE: November 16, 2006 RE: Resolution 80-06 Authorizing the City Manager to Execute a Lease Amendment with GTN Corp. - Dublin Village Tavern Summary Legal and City staff have been working with GTN Corporation, dba Dublin Village Tavern (DVT), regarding a modified lease for a city-owned structure at 27-29 South High Street in Historic Dublin. The lease amendment addresses two key areas. First, it grants permission to expand the structure by 557 square feet for a new kitchen area and expanded dining area; relocation of the walk-in cooler; and relocation of the outdoor dining area as approved by Planning & Zoning Commission and Architectural Review Board. These improvements are at the expense of DVT. The amendment also grants use of 8 public parking spaces immediately west of the structure for staging of equipment and materials for 100 days during construction. DVT anticipates closing for 3-4 weeks during construction of the kitchen and will remain open with a limited menu during the rest of the construction. After construction, the building will contain approximately 1,654 square feet. Second, the amendment provides a new rate for monthly rent of $1,240.50 commencing on the earlier of May 1, 2007 or opening of the renovated space to the public. This rate is based upon $9/sq. ft.lyear and is consistent with the rate negotiated with DVT in 2004. Recommendation Staff recommends approval of resolution 80-06. EXHIBIT I A- AMENDMENT NO.2 TO LEASE AGREEMENT This Amendment No.2 to Lease Agreement (this "Amendment") is made effective as (the "Effective Date"), by and between the CITY OF DUBLIN, OHIO, an Ohio municipal corporation, with offices at its City Hall, 5200 Emerald Parkway, Dublin, Ohio 43017 ("Lessor") and GTN CORPORATION, an Ohio corporation, whose address is 4482 Dunleary Drive, Dublin, Ohio 43017 ("Lessee"). Background Information A. Lessor and Lessee entered into a certain Lease Agreement, dated October 19, 1998, as amended by that certain Amendment No.1 to Lease Agreement, dated April 1, 2004 (collectively, the "Lease"), for the premises described on Exhibit "A" attached hereto and hereby made a part hereof (the "Premises"), which Premises is commonly known as 27-29 South High Street, Dublin, Ohio 43017; and B. The Premises includes the approximate 1,097 square foot building located thereon (the "Original Building"). C. Lessor and Lessee have agreed to amend the Lease to provide for certain modifications to the Original Building, the Premises and certain other improvements located thereon as more fully set forth herein. The Lease as amended by this Amendment shall hereinafter be referred to as the "Lease." Agreement NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties agree to the foregoing background information and as follows: ARTICLE I MODIFICATION 1. EXlJansion Premises. (a) Lessee's Work. Lessor hereby consents to Lessee (i) expanding the Original Building by enclosing the existing front porch and a portion of the existing outdoor seating area located in front of the Original Building (the "New Seating Area") and adding an addition to the rear of the Original Building to accommodate a new kitchen (the "New Kitchen Area"), thereby adding approximately five hundred fifty seven (557) square feet of additional space to the Original Building (the "Expansion Premises"), (ii) expanding and relocating the existing walk-in cooler located at the rear ofthe Original Building (the "Relocated Cooler"), (iii) removing the existing privacy fence screening the existing walk-in cooler located at the rear of the Original Building and replacing it with a new {H0501560.5 } 1 privacy fence to screen the expanded and relocated walk-in cooler (the "New Screening"), (iv) removing the park benches, fountain and landscaping (other than the existing memorial tree) located in front of the Original Building to create a new outdoor seating area (the "New Outdoor Seating Area"), and (v) relocating the existing wrought iron fence in front of the Original Building such that it is parallel with the existing sidewalk and encloses the new outdoor seating area (the "New Fencing")(collectively, "Lessee's Work"). Lessee agrees that the removal of the park benches and the fountain pursuant to (iv) above will be performed in a manner to preserve same so that Lessor may relocate these items to another property. As soon as the benches and the fountain are removed, Lessee shall contact Fred Hahn, Director of Parks and Open Space for Lessor, at 614-410-4706 to arrange for Lessor's pick-up and relocation of same. Lessee's Work shall be performed strictly in accordance with (x) the plans and specifications for such work attached hereto as Exhibit "B" and hereby made a part hereof (the "Plans"), (y) the site plan showing the location and dimensions of the Original Building and Premises, together with the New Seating Area, New Kitchen Area, Relocated Cooler, New Screening, New Outdoor Seating Area and New Fencing, a copy of which site plan is attached hereto as Exhibit "c" and hereby made a part hereof (the "Site Plan") and (z) the terms and conditions set forth herein and in the Lease, specifically including, but not limited to Section 6.7 (public Accommodation/Americans with Disabilities Act), Section 16.7 (Lessor is a Governmental Entity) and Section 16.8 (Historic District; Economic Development Project). The Original Building and Expansion Premises are hereinafter collectively referred to as the "Renovated Building." Subject to Section 6.8 of the Lease and the rights of any lien holder of Lessee, all alterations and improvements made to the Original Building and Premises shall be deemed to be the property of Lessor. (b) Performance of Lessee's Work. Lessee shall be solely responsible and pay for the performance of Lessee's Work and all materials, supplies and equipment used in connection therewith. Lessee shall cause Lessee's Work to performed (i) in a first- class, good and workmanlike manner using new, good quality materials, (ii) in compliance with the Plans and Site Plan, subject only to such changes and amendments to the Plans and/or Site Plan as may be approved by Lessor; and (iii) in accordance with all laws, ordinances, rules and regulations of all governmental and quasi-governmental authorities having jurisdiction as the same may be amended or supplemented from time to time. Lessee shall, at its sole cost and expense, obtain all building and other permits, licenses and certificates required pursuant to applicable law in connection with the performance of Lessee's Work. Lessor may, upon delivery to Lessee of prior oral notice, inspect the status of completion of Lessee's Work. Lessee shall promptly correct any defect or departure from the Plans, Site Plan and any violation of any requirement of any governmental entity. Upon the expiration or earlier termination of the Lease, {H0501560.5 } 2 Lessee agrees that it shall assign to Lessor any existing warranty it receives in connection with the performance of Lessee's Work. Lessee acknowledges that portions of the parking lot on the Premises, including the entrances thereto, are used by the occupants, customers and employees of the buildings located at 21 West Bridge Street, Dublin, Ohio (the "Town Center") and Lessee hereby agrees that such occupants, customers and employees of the Town Center may continue to use said portions of the parking lot on the Premises, including the entrances thereto, and that the performance of Lessee's Work will not interfere with the availability of convenient parking for or access to the Town Center except as permitted by the following. Lessor agrees that Lessee may use the eight (8) parking spaces directly west of the Premises as a "Staging Area", as depicted on the Site Plan, in connection with the performance of Lessee's Work for a period of one hundred (100) days, provided that: (i) Lessee notifies Lessor and the adjacent property owners (Mr. Grabill and Mr. Bassett) that such parking spaces will be closed at least five (5) days prior to such closure; and (ii) Lessee agrees to construct a fence around such Staging Area to prevent public access and use of same during the performance of Lessee's Work. Lessee agrees that access via the sidewalk from Mill Lane to the covered entrance to the buildings located at 31 &33 South High Street will at all times during the performance of Lessee's Work remain unobstructed and that the construction of the fence around the Staging Area will not obstruct or interfere with same. Lessee shall keep the Premises in a neat and orderly condition during the performance of Lessee's Work (including the daily pickup and placement of trash into an on site dumpster located in the Staging Area for that purpose). Lessee's materials, supplies, equipment and vehicles used in connection with the performance of Lessee's Work shall at all times be contained within the Staging Area. Notwithstanding the foregoing, in the event all of the construction vehicles used in performance of Lessee's Work do not fit within the Staging Area, Lessee shall be permitted to park such vehicles or cause such vehicles to be parked in other available public or private parking so long as same are not parked in the Town Center, Town Center II or Krema lots. In connection with Lessee's Work and use of the Staging Area, Lessee agrees to promptly notify adjacent property owners of the closing of the eight (8) parking spaces comprising the Staging Area and agrees to promptly notify and reasonably cooperate with such adjacent property owners as to the timing, progress and completion of Lessee's Work. Lessee represents and warrants that it shall be responsible for any damage to the parking area which results from Lessee's Work and/or construction of the Staging Area including, but not limited to, asphalt damage or damage to the curbs, storm sewer, landscaping and/or sidewalk areas adjacent to or within the Staging Area. Lessee represents and warrants to Lessor that in connection with the performance of Lessee's Work or any Lessee repairs required hereunder, Lessee shall not impair the structural integrity of the Original Building. (c) Insurance/Indemnity. In addition to the other insurance required under the Lease, during the performance of Lessee's Work, Lessee shall obtain and maintain (i) builder's completed value risk insurance against all risks of physical loss, with {H0501560.5 } 3 commercially reasonable deductibles, naming Lessor as an additional insured, such insurance to be in amounts covering the total value of Lessee's Work and in such a form and by such companies as shall be reasonably approved by Lessor; and (ii) worker's compensation insurance as required by all laws of the State of Ohio. Prior to commencing Lessee's Work, Lessee shall provide Lessor with certificates evidencing all such insurance. Lessee shall indemnify, defend and hold harmless Lessor from and against any damage, liability, loss or expense, including reasonable attorneys' fees, in connection with the performance of Lessee's Work and/or a breach of Lessee's obligations under the Lease. (d) Payment of Contractors, Suppliers and Others. All work shall be performed lien free by Lessee. If a mechanic's lien is filed against the Premises, Lessee shall discharge or bond off the same within fifteen (15) days from the filing thereof, provided in the event Lessor notifies Lessee that Lessor's interest in the Premises is impaired due to the existence of such lien, Lessee shall immediately discharge or bond off said lien. If Lessee fails to discharge said lien, Lessor may bond off or pay said without inquiring into the validity or merits of such lien and all sums so advanced shall be paid to Lessor on demand by Lessee as additional rent. (e) Timing for Performance of Lessee's Work. Lessee represents and warrants that Lessee shall perform Lessee's Work in accordance with the construction schedule set forth on Exhibit "D" attached hereto and made a part hereof (the "Construction Schedule"). Lessee shall use commercially reasonably efforts to commence Lessee's Work no later than December 1, 2006 and at all times diligently pursue the performance of Lessee's Work to completion. Lessee shall provide to Lessor at least ten (10) days' prior written notice of the date upon which Lessee will open the Renovated Building to the public for business. If Lessee abandons the performance of Lessee's Work before its completion, all improvements made to the Premises (subject to any rights of lien holders of Lessee) shall belong to Lessor, but this shall not constitute Lessor's sole remedy. (t) Closing During Performance of Construction. Notwithstanding Section 6.9 of the Lease, Lessee shall have the right to temporarily cease operating from the Premises during the performance of Lessee's Work; provided, however, that upon the completion of Lessee's Work, Lessee shall promptly re-open the Renovated Building for business to the public and operate in accordance with the terms of Section 6.9 of the Lease. {H0501560.5 } 4 2. Rent. Upon completion of the Expansion Premises by Lessee in accordance with the provisions hereof, the Renovated Building shall contain approximately sixteen hundred fifty four (1,654) square feet. Commencing upon the earlier of (a) May 1, 2007 and (b) the date that Lessee opens the Renovated Building to the public for business, Lessee hereby covenants and agrees to pay to Lessor as rent for the Premises during the term of the Lease the sum of twelve hundred forty dollars and fifty cents ($1,240.50) per month during Option One (as defined in the Lease), payable in advance upon the first day of every calendar month during the term. Rent shall be prorated for any fraction of a month. 3. Notices. Pursuant to Section 16.9 ofthe Lease, the address for notices to Lessor is hereby changed to: City of Dublin With a copy to: Elaine M Darr 5200 Emerald Parkway Schottenstein, Zox & Dunn Dublin, Ohio 43235 250 West Street Attention: City Manager Columbus, Ohio 43215 4. Rehabilitation of Original Building. Section 5 (Rehabilitation of Building) and 7.6 (Construction of Improvements) of the Lease relating to Lessee's initial construction obligations are hereby deleted in their entirety. 5. Ratification of Lease. Except as specifically modified herein, all of the terms, covenants, conditions and agreements contained in the Lease shall remain in full force and effect in accordance with the terms thereof and Lessee hereby ratifies and confirms its obligations as Lessee thereunder. From and after the Effective Date hereof, the term "Premises" and "building" as used in the Lease, specifically including, but not limited to, Section 6.2 (Utilities), Section 6.3 (Maintenance of Premises), Section 6.4 (Insurance), Section 6.5 (Surrender), Section 6.6 (Lawful Use), Section 6.7 (public Accommodation/Americans with Disabilities Act), Section 9 (Assignment and Subletting), Section 10 (Eminent Domain), Section 11 (Damage to or Destruction of Premises) and Section 12 (Repairs and Alterations), shall be deemed to specifically include the Expansion Premises and all improvements constructed by Lessee hereunder. 6. Counterparts. This Amendment may be executed in a number of counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument. 7. Binding Effect. This Amendment shall bind and inure to the benefit of the successors and assigns of Lessor and the successors and assigns of Lessee. 8. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Ohio. {H0501560.5 } 5 (Signatures on following page) {H0501560.5} 6 IN WITNESS WHEREOF, the parties hereto have caused their respective duly authorized officers to execute this Amendment in duplicate originals, each of which shall be deemed an original, effective as of the date first written above. LESSOR: CITY OF DUBLIN, OHIO, an Ohio municipal corporation By: Jane Brautigam, City Manager STATE OF OHIO :SS COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this _ day of , 2006 by Jane Brautigam, the City Manager, of the City of Dublin, Ohio, and Ohio municipal corporation, for and on behalf of said municipal corporation. Notary Public My Commission Expires: LESSEE: GTN CORPORATION, an Ohio corporation Timothy Picciano, President STATE OF OHIO :SS COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this _ day of , 2006 by Timothy Picciano, the President of GTN Corporation, an Ohio corporation, Inc., an Ohio corporation, for and on behalf of said corporation. Notary Public My Commission Expires: EXHffiIT LISTING: EXHffiIT "A"- Legal Description EXHffiIT "B"- Plans EXHffiIT "C"- Site Plan EXHffiIT "D" - Construction Schedule {H0501560.5 } 7 EXHIBIT "A" Legal Description To be attached. {H0501560.51 EXHillIT "B" Plans To be attached. {H0501560.5 } EXHillIT "C" Site Plan To be attached. {H0:501560.5 } EXHillIT "D" Construction Schedule To be attached. {H0501560.5 }