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.
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i! WHEREAS, the Dublin City School District Board of Education
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!i ("Board") owns a parking lot at Indian Run Elementary School; and
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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
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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
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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
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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,
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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:
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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:
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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:
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EXHIBIT A
PREMISES (DEPICTION)
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EXHIBIT B
LEGAL DESCRIPTION - PREMISES
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