Resolution 51-11RECORD OF RESOLUTIONS
Inc_ Fon No. M45
Resolution No.
51 -11
20
pa. ved
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PARKING LEASE AGREEMENT
WITH DUBLIN COMMUNITY CHURCH.
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 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 excess parking in its parking lot that
it is willing to lease to the City; and
WHEREAS, the City has determined that this parking will be made available to an
office user in Historic Dublin for a fee; and
WHEREAS, as a result of the new parking lease, office employees will now be able
to park in designated leased spots and will leave open parking spaces for visitors to
Historic Dublin.
NOW, THEREORE, 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 lease
agreement with Dublin Community Church 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 (Ql� day of 2011.
Mayor - e iding Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
CITY OF DUBLIN- Phone: 614- 410 -4400 • Fax: 614 - 410 -4490
To: Dublin City Council
From: Marsha I. Grigsby, City Manager I IN I
Date: October 6, 2011
Initiated By: Jeffrey Tyler, Director of Building Standards
Memo
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.
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EXHIBIT A
PARKING LOT LEASE AGREEMENT
This Parking Lot Lease Agreement ( "the Lease ") is made this day of ,
2011 by and between the Dublin Community Church, whose mailing address is 81 West Bridge
Street, Dublin, Ohio 43017 ( "Lessor ") and The City of Dublin, an Ohio municipal corporation,
whose mailing address is 5200 Emerald Parkway, Dublin, 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 part of that larger parcel identified as Tax Parcel ID # by the
Franklin County, Ohio Auditor's Office (the "Parcel ").
2. LEASE TERM The term of this Lease shall be for a period of three (3) years,
which term shall begin as of the date of signing this Lease and shall expire on a date that is three
(3) years later ( "Lease Term "). At the end of the Lease Term, Lessor and Lessee may agree to
renew the Lease under the terms and conditions negotiated between the Parties.
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 last day of each month thereafter for the duration of the Lease Term. In the event
that Lessee fails to pay Rent within ten (10) days after it becomes due, Lessor shall notify Lessee
in writing of the failure to timely pay rent. Lessee will have five (5) weekdays 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. Lessor may use the Premises exclusively up to five (5) days per year. Lessor
must notify Lessee at least two (2) days prior to the date of its use of the Premises.
Lessee shall make such improvements to the Premises illustrated in Exhibit B,
attached hereto and incorporated herein by reference ( "the Improvements "), including, but not
limited to, crack sealing, sealing and striping the parking lot. The City will also erect signs
designating the parking spaces comprising the Premises and will develop a permitting and
monitoring system for ensuring the appropriate use of the Premises. If Lessor terminates this
Lease within one (1) year of execution of the Lease, Lessor will pay Lessee four thousand dollars
($4,000.00) which equals approximately fifty percent (50 %) of the cost of the Improvements. If
Lessor terminates the Lease within two (2) years of execution of the Lease, Lessor will pay
Lessee two thousand dollars ($2000.00).
5. RIGHT OF 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.
Lessor represents and warrants that it will ensure that Lessee, its sublessees, invitees and
licensees, have free access to and from the Premises via this route and Lessee commits to
ensuring access only occurs at this point. This Right of Access shall inure to the benefit of
Lessee, its invitees, licensees, successors and assigns, for the duration of the Lease Term and any
extensions thereof.
6. MAINTENANCE Lessor shall be solely responsible for performing all
maintenance necessary to ensure the integrity of the Premises and its fitness and use as a parking
lot, including snow plowing. Lessee will reimburse Lessor for all actual snow plowing expenses
incurred and substantiated by Lessor. Such reimbursement shall not exceed a maximum of
Seven Thousand Five Hundred Dollars ($7500.00) per year.
7. TAXES AND ASSESSMENTS Lessor agrees that it will pay any and all
assessments and real estate taxes levied against the Premises that are applicable to the Lease
Term.
8. 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 arising out of negligent actions of the Lessee, with commercially
reasonable policy limits. Lessee shall add the Lessor as an additional insured for negligent
actions of the Lessee arising out of its use of the designated parking spaces. Lessee shall verify
proof of such insurance coverage by providing a valid certificate of insurance or comparable
document to the Lessor for the lease term set forth herein.
9. ASSIGNMENT AND SUBLETTING Lessee intends to sublease the Premises
in order to fund the monthly rental payments. Lessor agrees to such subletting. In the event the
Lessee cannot engage a suitable sublessee, the Lessor agrees to renegotiate the amount of
monthly rental payments due under this Lease.
10. 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 8 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.
11. 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.
12. TERMINATION Lessor and Lessee shall have the right at any time during the
Lease Term to terminate this Lease upon providing six (6) months prior written notice of the
intent to terminate to the non - terminating party.
13. REPRESENTATIONS AND WARRANTIES Lessor represents and warrants
that it has full right and title to the Premises, it is authorized to enter into this Lease and there are
no mortgages or other liens on the Premises. Lessor further represents and warrants that
Premises is zoned for use as a parking lot and that there are no restrictions, easements, or
covenants currently governing the Premises that would prevent its use as a parking lot. Lessor
covenants that it will defend Lessee's leasehold title and right to the Premises and ensure Lessee's
undisturbed, quiet and peaceful possession of the Premises. Lessor will not do or suffer any act
to be done which could in any way lessen or impair the rights of Lessee in the Premises, so long
as Lessee shall fully perform and comply with the terms and provisions herein.
14. 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.
15. 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.
Ohio.
16. APPLICABLE LAW This Lease shall be governed by the laws of the State of
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
Approved as to Form:
Stephen J. Smith, Law Director
THE DUBLIN COMMUNITY CHURCH
Print Name:
Its: