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Resolution 67-11RECORD OF RESOLUTIONS Dayton Legal Blank, Inc.. Form No 30005 Resolution No. 67 -11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH 7001 POST ROAD, LLC FORTHE PURPOSE OF CONTINUING THE DUBLIN ENTREPRENEURIAL CENTER OPERATIONS Passed 20 WHEREAS, Dublin's dynamic local economy is the direct result of an entrepreneurial spirit; and WHEREAS, the City of Dublin recognizes that in addition to its efforts to retain, expand and attract business, the City must also set the conditions for new business and job creation; and WHEREAS, the City of Dublin must facilitate entrepreneurship and business development in order to increase the level of entrepreneurial activity and improve the chances of establishing successful technology enterprises and expanding businesses by honing skills and providing access to necessary tools, technical and financial resources, and by working proactively to enhance the local entrepreneurial environment; and WHEREAS, the existing Dublin Entrepreneurial Center (DEC) has experienced much success by providing an environment that is attractive to new start-up companies as both a place to physically locate as well as obtain the necessary support services; and WHEREAS, the Dublin Entrepreneurial Center has attracted 62 start -up companies, attracted nearly 3,000 attendees at its 2010 programs, and recruited 60 collaborators; and WHEREAS, Battelle's Gl usterDeve% pmentStrategyTwoencourages the development of start-up and entrepreneurial businesses; and WHEREAS, renewing leases in the 7003 Post Road building will greatly contribute towards the continued success of the City's business and job creation efforts. / NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute a one -year lease agreement with Post Road, LLC in an amount not to exceed $57,000, as authorized in the 2012 Operating Budget, for the purpose of providing certain spaces at 7003 Post Road in support of the Dublin Entrepreneurial Center and the City's business and job creation efforts. Section 2 . This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this ` � day of L = eeM J 2011. Mayor - Pre ing Officer ATTEST: Office of the City Manager 5200 Emerald Prkwa * City of Dublin Phone: 614 - 410-4400- Fax:b614 -0410 -4490 1090 Memo To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager m Date: December 8, 2011 Initiated By: Dana L. McDaniel, Deputy City Manager /Director of Economic Development Re: Resolution 67 -11— Lease Agreement for Dublin Entrepreneurial Center Summary The purpose of Resolution 67 -11 is to authorize the City Manager to execute a lease agreement (attached) with 7001 Post Road LLC for the purpose of supporting the Dublin Entrepreneurial Center ( "DEC's, located at 7003 Post Road. The proposed lease agreement (attached) will renew existing lease agreements previously executed by the City of Dublin. As the DEC has grown since its establishment in 2009, three total leases have been executed to accommodate the DEC's growing popularity and programming. The lease to be authorized by Resolution 67 -11 will consolidate leases executed in 2008 and in 2010. The following is a description of the spaces this lease will provide within the 7003 Post Road building. These spaces are consistent with those spaces currently being leased under the existing lease agreements: 1. Fourth floor conference /training room. 2. Fourth floor rooms #400 and #401, used as conference room and by Social Boomerang. 3. Use of common areas of the 4 th floor. 4. Use of main lobby on the l it floor for purposes of hanging banners and directional material and conducting special events. 5. Second floor room #s 204, 205, 206, 207, 208, 209 and 210, which currently support start- up green businesses known as "The Green Integrator." The City will continue to collect 50% of leases back from those businesses located in The Green Integrator. To the extent that lease revenues are recovered, staff will lease additional rooms within the DEC focused on green start-up companies at a 50% subsidy. This is consistent with past practice. 6. Non - exclusive roof access for WiFi APs. 7. The City retains the right during the term of the lease to reference the 7003 Post Road building as the Dublin Entrepreneurial Center or the "DEC ". The total cost of this lease for a one -year period will be $57,000. This funding is provided for in the 2012 budget. There is no increase in cost from the previous lease agreements. The lease agreement provides the right for the Lessee and the Lessor to terminate the lease agreement with sixty (60) days' written notice. Background The DEC has experienced significant success since it was established in 2009 and has been recognized by the International Economic Development Council. Currently, the DEC has 52 companies with a waiting list of 15 companies. In 2010, 242 programs attracted nearly 3,000 participants and 2011 is on course to exceed this number. The DEC and its programming has Memo re. Resolution 67 -11 — DEC Lease Agreement December 8, 2011 Page 2 of 2 successfully supported companies and has "graduated" companies into other office space within Dublin, thereby creating new jobs and retaining companies in Dublin. The Green Integrator, established in 2010, is now home to 10 green start-up companies. The Dublin International Business Assistance Center ( DIBAC), established in 2011, has hosted 10 targeted events with over 500 attendees; attracted a global association called The International Entrepreneur (TIE -Ohio) — the only TIE Ohio Chapter outside of Cleveland; and recently hosted a luncheon for Consulate offices representing eight countries. The DEC has attracted over 60 collaborators and the DIBAC has 24 collaborators. Collaborators provide free training, mentoring and coaching; and sponsor luncheons and donate furniture, supplies and services in support of business creation efforts, DEC enhancements and personal development of entrepreneurs. TechColumbus and the Small Business Development Council continue to provide training, mentoring, coaching and access -to- capital services. Recommendation Staff recommends approval of Resolution 67 -11. This will support Council's goals relative to creating new businesses and jobs and promoting new partnerships and possibilities. Please contact Dana McDaniel with any questions you may have. AGREEMENT OF LEASE THAT 7001 Post Road LLC (Lessor) HEREBY LEASE TO The City of Dublin Ohio (Lessee) The premises commonly referred to as: See Exhibit "A" (Premises) For the term of: One Year— 12/15/2011— 12/14/2012 Commencing: December 15, 2011 At the Monthly Rental of: Four Thousand Seven Hundred Fifty 00 /100 ($4.750.00) A. Use and Occupancy: Said Premises are to be used and occupied for General Office purposes. Lessee agrees to pay said rent in the manner aforesaid; to use and occupy said Premises in a safe and careful manner and not to commit or suffer waste therein; not to use said Premises for any unlawful purpose; to make no alterations without written consent of Lessor; upon termination of this lease wear and unavoidable casualties excepted; to save Lessor harmless by reason of loss or damage to property and /or personal injury to any persons in or about said premises occasioned by negligence of the Lessee and to maintain insurance policies in type and amounts satisfactory to Lessor to accomplish such purpose; to assume sole responsibility for all property of the Lessee used, stored or maintained upon the Premises. B. Personal Propertv: That all personal property placed in the rented Premises shall be at the risk of the persons owning same, and in no event shall the Lessor be liable for the loss by fire or otherwise to such property of the Lessee. C. Operating Expenses: It is further agreed that the responsibility for utilities, maintenance and operating expenses of the real estate shall be as follows: Interior Maintenance * Lessor Exterior & Common Area Maintenance Lessor Interior Cleaning Lessor Electric Lessor Sewer & Water Lessor Grounds & Parking Lessor Gas Lessor Contents Insurance Lessee Building Insurance Lessor Liability Insurance Lessor & Lessee Lessee shall be responsible for any repairs and maintenance related to Lessee's use of the premises. D. Default by Lessee: It is mutually agreed that if said rent or any part thereof be not paid for five (5) days after becoming due and without demand therefore, or if said Lessee shall fail to keep any of the other covenants of this lease, or abandon or vacate the premises, or if proceedings in bankruptcy shall be instituted by or against Lessee, or a receiver or trustee be appointed for his property, it shall be lawful for Lessor to re -enter said Premises, repossess the same as in its first estate and thereupon this lease shall cease and be void all without prejudice to Lessor's remedies at law. {x2406981 > Lessee agrees that if, for any reason whatsoever, the rent is not delivered to the Lessor by 5:00 PM on the FIFTH DAY of each month, than the Lessee shall pay the Lessor, in addition to the scheduled monthly rental amount, a "Late Charge" in the amount of 5% (five percent) of the rental amount due. Lessee further agrees that if, for any reason whatsoever, any of the monthly rental checks of the Lessee do not clear the Lessee's bank, that the rental check will be re -drawn so as to include, in addition to said late charge amount, a penalty of $50.00 (fifty dollars). E. Access by Lessor: That the Lessor has the right of free access to inspect, repair, alter or to exhibit for sale or rental any part of the premises. F. Termination Clause: During the term of this Lease, with sixty (60) days written notice, Lessee and Lessor shall have the right to terminate this agreement and Lessee agrees to vacate the premises on or before the sixtieth (60 day. G. Security Deposit: One Thousand Seven Hundred Eight 00 /100 ($1.780.00) said sum being security for the full and faithful performance of the duties and obligations imposed upon the Lessee by the terms and provisions of this lease. In the event of a default by Lessee in such performance, Lessor may apply such portions of such deposit as are necessary in order to compensate Lessor for any damages sustained by Lessor by reason of any such default. It is understood by the parties that said sum shall not be credited against any rent due by Lessee to Lessor. If, upon the termination of this Lease, the leased Premises is not in good order or repair, reasonable wear and tear excepted, Lessor may apply said security deposit of Lessee against the Lessor's cost of repairing the Premises for use by a successor Lessee, and in the event said security deposit is insufficient to cover said costs of repair, then the Lessee agrees to pay the balance thereof within thirty (30) days after being so notified by Lessor in writing. ACKNOWLEDGED & AGREED This agreement shall be in full force and effect on this day of December, 2011. LESSOR 7001 Post Road LLC C Its: Notice Address: Colliers International ATTN: 8800 Lyra Drive, Suite 150 Columbus, Ohio 43240 LESSEE City of Dublin Ohio C Its: Notice Address: City of Dublin Ohio 5200 Emerald Parkway Dublin, Ohio 43017 {x2406981 > EXHIBIT A The following is a description of the spaces this lease will provide within the 7003 Post Road building. It is the intent of this agreement to merely continue the lease of those spaces currently being leased under existing lease agreements: 1. Fourth floor conference /training room. 2. Fourth floor rooms #400 and #401, used as conference room and by Social Boomerang. 3. Use of common areas of the 4"' floor. 4. Use of main lobby on the 1" floor for purposes of hanging banners and directional material and conducting special events. 5. Second floor room #s 204, 205, 206, 207, 208, 209 and 210 which currently support start- up green businesses known as "The Green Integrator ". 6. Non - exclusive roof access for wifi APs. 7. The City retains the right during the term of the lease to reference the 7003 Post Road building as the Dublin Entrepreneurial Center or the "DEC ". {x2406981 >