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Home My WebLink AboutResolution 52-11RECORD OF RESOLUTIONS Blank. Inc.. F000 No. 3 6 Resolution No 52 -11 Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PARHING SUBLEASE AGREEMENT WITH XCELERATE MEDIA WHEREAS, the City of Dublin has comprehensively reviewed the parking needs within Historic Dublin by evaluating parking operations, space utilization and turnover; and WHEREAS, the City has been exploring multiple ways of providing 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 Dublin Community Church has agreed to lease certain spaces in its parking lot in Historic Dublin to the City; and WHEREAS, the City has determined that this parking should be made available to Xcelerate Media so that the public parking spaces previously used by Xcelerate Media's employees will now be available for the public's use; and WHEREAS, the monthly lease fee paid by Xcelerate Media under the sublease with Dublin will completely cover the monthly parking lease fee owed by Dublin to the original Lessor, Dublin Community Church. NOW, THEREFORE, 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 a parking sublease agreement with Xcelerate Media in substantially the same form as the agreement 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 104A day of 0(7667_4l� , 2011. Mayor - P Officer 000011 Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 CrlT OF DUBLIN_ Phone: 614 -410 -4400 • Fax: 614 - 410 -4490 To: Dublin City Council From: Marsha I. Grigsby, City Manager Date: October 6, 2011 Initiated By: Jeffrey Tyler, Director of Building Standards Re: Resolution 51 -11 -Parking Lease Agreement with Dublin Community Church Resolution 52 -11 - Parking Sublease Agreement with Xcelerate Media Summary After several months of meeting with the affected parties, staff has provided two resolutions for City Council's consideration. Resolution No. 51 -11 and 52 -11 are the products of negotiations begun in January of 2011 to secure use of thirty (30) parking spaces for Xcelerate Media, one of the largest employers in Historic Dublin. These agreements should minimize much of the congestion that is now being experienced in the public parking lots, namely Town Center I and II, and allow for more patron use of those parking lots. The following is a summary of the two resolutions: Resolution No. 51 -11 - Parking Lease Agreement with Dublin Community Church A. The City will lease thirty (30) parking spaces, as identified in the attached diagram, directly from the church for the amount of $750 per month ($9,000 per year); B. The City will be responsible for crack sealing, sealing, and stripping of the entire parking lot (approximate value of $8,500); C. The City will reimburse Dublin Community Church for snow removal up to an amount not to exceed $7,500 per year (based on the past four years, the average cost has been $3,866.54); D. The City will provide signs to identify the thirty (30) parking spaces and the agreed upon access point for entering the parking lot ($1,125 total); E. Term of the agreement will be three (3) years. Resolution No. 52 -11 - Parking Sublease Agreement with Xcelerate Media A. The City will sublease the thirty (30) parking spaces to Xcelerate Media for the same rate at which the City is charged for the initial lease of the spaces; B. Term of the agreement will be month -to -month with a thirty (30) day termination clause. Recommendation Staff recommends approval of Resolution No. 5 1 -11 and Resolution No. 52 -11. \v ° SELLS �\ < - ' r ° �Ail ; EXHIBIT A PARKING LOT SUBLEASE AGREEMENT This Parking Lot Sublease Agreement ( "the Lease ") is made this day of , 2011 by and between the City of Dublin, an Ohio municipal corporation, whose mailing address is 5200 Emerald Parkway, Dublin, Ohio 43017 ( "Lessor ") and Xcelerate Media, whose mailing address is 61 W. Bridge Street, Ohio 43017 ( "Lessee "). 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 the subject of a separate Lease Agreement executed between Lessor and the Dublin Community Church, an executed copy of which is attached as Exhibit B. 2. LEASE TERM The term of the Lease will begin on and continue on a month -to -month basis. Either Party may terminate the Lease by giving the other Party at least thirty (30) days written notice. 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 fifteenth day of each month thereafter for the duration of the Lease Term. In the event that Lessee fails to pay Rent within five (5) days after it becomes due, Lessor shall notify Lessee in writing of the failure to timely pay rent. Lessee will have five (5) days 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. The Dublin Community Church may use the Premises exclusively up to five (5) days per year, during which days the Lessee may not use the Premises. Lessor will ensure that Lessee is notified of the Church's use at least two (2) days prior to the date of its use of the Premises. 5. 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. Lessee agrees to ensure that its employees and invitees only access the Premises at this point. 6. TAXES AND ASSESSMENTS Lessee shall have no obligation to pay any and all assessments and real estate taxes levied against the Premises that are applicable to the Lease Term. 7. 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, with commercially reasonable policy limits. Lessor shall be named as an additional insured in any such policy or policies. 8. ASSIGNMENT AND SUBLETTING Lessee agrees that it will not assign or sublet this Lease, although Lessor has the right to do so. 9. 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 7 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. 10. 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. 11. TERMINATION Lessor and Lessee shall have the right at any time during the Lease Term to terminate this Lease upon providing thirty (30) days prior written notice of the intent to terminate to the non - terminating party. 12. REPRESENTATIONS AND WARRANTIES Lessor represents and warrants that it is authorized to enter into this Lease. 13. 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. 14. 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. 15. 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. THE CITY OF DUBLIN: Marsha Grigsby, City Manager 2 Approved as to Form: Stephen J. Smith, Law Director XCLERERATE MEDIA Print Name: Its: 3