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HomeMy WebLinkAboutResolution 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. \v ° SELLS �\ < - ' r ° �Ail ; 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: