Resolution 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