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39-01 Resolution RECORD OF RESOLUTIONS Dayton legal Blank Co., Form No. 30045 I' II 39-01 ~ Resolution N~, .. Passed.. ...., YEAR II A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER !1 INTO AN AGREEMENT WITH THE DUBLIN CITY SCHOOL II DISTRICT BOARD OF EDUCATION FOR THE IMPROVEMENT OF A I, PARKING LOT AT THE INDIAN RUN ELEMENTARY SCHOOL. II 11 I' i! WHEREAS, the Dublin City School District Board of Education ii I !i ("Board") owns a parking lot at Indian Run Elementary School; and jl Ii :! WHEREAS, the aforesaid property is currently being used as a parking lot; and WHEREAS, the Board has offered to enter into a cooperative agreement with the City of Dublin ("City") for the improvement and expansion of that I property with the City of Dublin for use as a parking lot; and WHEREAS, this property is located in Historic Dublin; and WHEREAS, there is a demonstrated need for increased parking in Historic Dublin; and WHEREAS, under the terms of the cooperative agreement, in exchange for contributing funds to the project, the City will have the right to use the parking lot for general public parking during the evening hours and on the weekends; and WHEREAS, the general public will benefit from the increased parking; and NOW, THEREF~ BE IT RESOLVED, by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. City Council hereby authorizes the City Manager to enter into a cooperative agreement with the Board for the development of the property described in the legal description and map attached hereto and incorporated herein; and Section 2. Under the terms of the agreement, the Dublin City School District will have exclusive use of the Parking Lot during school hours and school events held at Indian Run Elementary and Sells Middle School. During these events, signs shall be erected announcing that parking is limited to those attending the events only; and Section 3, The City will reimburse the Board for costs related to the improvement of the aforementioned property upon the Board's presentation of appropriate documentation; and Section 4. This resolution shall take effect and be in force from and after the earliest date provided by law. ATTEST: ~a~ Clerk of Council I hereby certify that copies of this Ordinance/Resolutfon were posted i t", City of Dublin in accordance wit~ Sedion 731.25 of the Otlio Revised ( de {HOI02578.! } I~ M, Cler of Council. Dublin. Ohio f' Office of the City Manager 5200 Emerald Parkway, Dublin, Ohio 43017-1006 CITY OF DUBLIN Phone: 614-410-4400, Fax: 614-410-4490 Memo To: Members of Dublin City Council From: Timothy C. Hansley, City Manager, . Subject: Resolution No, 39-01, Agreement with the Dublin City School District for the Improvement of a Parking Lot at the Indian Run Elementary School Date: August 23,2001 Initiated by: Frank Ciarochi. Assistant City Mgr. & Director of Developme~ Marsha 1. Grigsby, Assistant City Mgr. & Director of Finance As City Council is aware, the administration has been working with the Dublin City School District (the District) with regard to the development of an expanded parking lot at the Indian Run Elementary School. The expanded parking lot will provide needed parking for the District and meet City Council's goal of providing additional parking in Historic Dublin, The administration is working with the District's staff in developing an appropriate lay out of the parking area. The parking area has been expanded to incorporate the entire storage area. This will add approximately 25 parking spaces from the layout originally proposed. We are currently estimating the improvement to cost between $100,000 to $125,000, Weare working together to provide a carefully thought out design with appropriate considerations for landscaping and lighting. The Cooperative Development Agreement also provides for a tax increment financing district to be established for Town Center I and Town Center II. The service payments generated from the TIF district will reimburse, over time, the City for the cost of constructing the Indian Run Elementary expanded parking area and the parking lot that will be constructed on the land dedicated to the City by Pat Grable, The District has agreed to authorize a "straight TIF" without revenue sharing requirements, If you need any additional information, please do not hesitate to contact Frank or Marsha, \\CUMULUS\ VOLl \PER\PRINDK\200 1 \073-RES-39-0 1 MEMO,doc COOPERATIVE DEVELOPMENT AGREEMENT THIS COOPERATIVE DEVELOPMENT AGREEMENT, ("Agreement") is made and entered into this _ day of ,2001, by and between THE DUBLIN CITY SCHOOL DISTRICT BOARD OF EDUCATION, an Ohio public school district ( the "Board"), whose mailing address is 7030 Coffman Road, Dublin, Ohio 43017, and THE CITY OF DUBLIN, an Ohio municipal corporation (the "City"), whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017, 1. Premises: The City, for and in consideration of the covenants contained in this Agreement and made on the part of the Board, does hereby agree to reimburse, not later than January 31, 2002, upon the presentation of the appropriate documentation, the Board for the development of a tract of real property comprising approximately _ acres, graphically depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises") for use as a parking lot. The Premises are legally described on Exhibit "B" attached hereto and made a part hereof. The Board and the City shall jointly agree to the plans for the development of the Premises, The Board shall coordinate the construction of the Premises and provide the City with periodic updates of the progress of the project. 2. Term: The term of this Agreement shall commence upon the signing of this document and shall continue in force for thirty (30) years from the date thereof. At the end of the thirty (30) year term, either party shall have the option to renew in five (5) year increments. 3, Use of the Premises: The Board will have exclusive use of the Premises on school days during school hours (7:00 a,m, - 4:00 p,m. Monday - Friday), The Board will also have exclusive use of the Premises during after-school events at Indian Run Elementary School and Sells Middle School. The number of events shall be reviewed and agreed to annually by the Parties, The Board shall give the City seven (7) days notice of the date upon which an after-school event will be held, During these events, the Board shall erect signs announcing that parking is limited to those attending the events only, 4, Liens and Assessments: The Board agrees to pay promptly and before delinquency all assessments, charges, rates, levies, excises, whether general or special, ordinary or extraordinary, foreseen or unforeseen, of every nature and kind whatsoever, including all governmental charges of whatever name, nature or kind which may be levied, assessed, charged or imposed on or against the Premises, or any part thereof. 5, Insurance: The Board shall, at the Board's sole expense, keep the Premises insured for the benefit of the Board and the City naming the City as an additional {HOl\5267.\ } insured in an amount not less than one hundred percent (100%) of the then full replacement cost of the improvements (full replacement cost being the cost of replacing the improvements inclusive of costs of excavation, foundations, footings, pavings and underground utility systems), The Board shall, at the Board's sole expense, maintain and keep in force for the mutual benefit of the Board and the City, general public liability insurance against claims for personal injury, death or property damage occurring in, on or about the Premises. The Board shall deliver to the City, upon request, a copy of a certificate of insurance (for the property and liability coverage) and of any renewals from time to time. 6. Repair; Maintenance; and Alteration: The Board shall, at its own cost, and without any expense to the City, keep and maintain the Premises and all improvements located thereon in good, sanitary and neat order, condition and repair, and shall restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty or any other cause whatsoever, reasonable wear and tear excepted. In addition, the Board shall, at its own cost and expense, keep and maintain the existing landscaping on the Premises to the level the Board currently maintains landscaping on its facilities, Any additional landscape maintenance desired by the City will be completed by the City, The parties shall evaluate the condition of the Premises annually and determine any major repairs that may be necessary. The cost of major repairs including such items as asphalt overlay, curb replacement, sidewalk repairs and landscaping replacements shall be divided evenly between the Parties, The Board shall be responsible for snow plowing in preparation for school days, during school hours, and for school events, The City shall be responsible for all snow plowing on non-school days and evenings when school events are not in progress. 7. Equipment and Fixtures: Neither Party may remove or replace any fixtures without the express consent of the other Party, 8, Tax Increment Financing District ("TIF District"): In exchange for the City's reimbursement of the Board for the construction and improvement of the Premises, the Board agrees to approve a straight Tax Increment Financing District and forego any right to revenue sharing in the proposed TIP District for Town Center I and Town Center II. 9, Notices: Any notice to be given in connection with this Agreement shall be in writing and may be served by personal delivery or be sent by certified mail, or by reputable courier service which provides written evidence of delivery, addressed as specified in the first paragraph hereof or to such other address as requested by either party in writing. All notices given in the manner specified herein shall be {HOI15267.1 } 2 effective upon receipt or refusal of receipt. Copies of all notices to the Board shall be provided to Treasurer, 7030 Coffman Road, Dublin Ohio, 43017. Copies of all notices to the City shall be provided to Director of Finance, 5200 Emerald Parkway, Dublin, Ohio 43017, 10. DefaulURemedies: (a) The occurrence of the following shall constitute a default by the City pursuant to this Agreement: a failure by the City to perform obligations pursuant to this Agreement within thirty (30) days of the City's receipt of written notice from the Board specifying such failure or, if it reasonably would require more than thirty (30) days to cure such failure, within a time reasonably necessary to cure such failure after the City's receipt of such written notice from the Board (an "Event of Default"). (b) The occurrence of the following shall constitute a default by the Board pursuant to this Agreement: a failure by the Board to perform obligations pursuant to this Agreement within thirty (30) days of the Board's receipt of written notice from the City specifying such failure or, if it reasonably would require more than thirty (30) days to cure such failure, within a time reasonably necessary to cure such failure after the Board's receipt of such written notice from the City (an "Event of Default"). (c) All rights and remedies of the Board and the City herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law, and said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises, 11. Entire Agreement: This Agreement, and any riders attached hereto and forming a part hereof, set forth all the promises, agreements, conditions, and understandings between the City and Board relative to the Premises, and there are no other promises, agreements, conditions or understandings either oral or written, between the parties other than those herein set forth. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the City or the Board unless such changes are agreed to in writing by the City or the Board, 12, Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. 13. Remedies Cumulative: All rights and remedies of the parties hereto enumerated in this Agreement shall be cumulative and, except as specifically contemplated otherwise by this Agreement, none shall exclude any other right or remedy allowed at law or in equity, and said rights or remedies may be exercised and enforced concurrently, No waiver by either party of any covenant or condition of this Agreement, to be kept or performed by the other party to this Agreement, {H0115267,1 I 3 shall constitute a waiver by the waiving party of any subsequent breach of such covenant or conditions, or authorize the breach or non-observance on any other occasion of the same or any other covenant or condition of this Agreement. 14, Duplicate Originals: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be a duplicate original, but all of which, taken together, shall constitute a single instrument. 15, Article and Section Captions: The Article and Section captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to be construed as a part of this Agreement. 16, Severability: If any provision of this Agreement or the application of any provision to any person or any circumstance shall be determined to be invalid or unenforceable, then such determination shall not affect any other provision of this Agreement or the application of said provision to any other person or circumstance, all of which other provisions shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Board have hereunto executed this Agreement and affixed their seals as of the day and year first above written, WITNESSES: CITY OF DUBLIN: By: Print Name: Timothy C, Hansley Its: City Manager Print Name: (HOlI5267.1 } 4 DUBLIN CITY SCHOOL DISTRICT BOARD OF EDUCATION: By: Print Name: Mark Holdermann Its: Board President Print Name: By: Print Name: Christopher Mohr Its: Treasurer Print Name: {H0115267,1 I 5 STATE OF OHIO : ss COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2001, by , , of the City of Dublin, an Ohio municipal corporation, for and on behalf of said municipal corporation, Notary Public My Commission Expires: STATE OF OHIO : ss COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this _ day of ,2001, by , , of the Dublin City School District Board of Education, an Ohio public school district, for and on behalf of said public school district. Notary Public My Commission Expires: STATE OF OHIO : ss COUNTY OF FRANKLIN The foregoing instrument was acknowledged before me this _ day of ,2001, by , , of the Dublin City School District Board of Education, an Ohio public school district, for and on behalf of said public school district. Notary Public My Commission Expires: {H0115267,l } 6 EXHIBIT A PREMISES (DEPICTION) (HOlI5267,1) EXHIBIT B LEGAL DESCRIPTION - PREMISES (H01l5267,l }