Resolution 073-17RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Foran No. 30045
Resolution No.
73-17
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A RENEWAL OF A PARKING LEASE AGREEMENT
WITH DUBLIN COMMUNITY CHURCH.
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WHEREAS, the City of Dublin (the "City's has comprehensively reviewed the parking
needs within Historic Dublin by evaluating parking operations, space utilization, and
turnover; and
WHEREAS, the City has historically looked for ways to provide more parking options
in the Historic District; and
WHEREAS, one method is to obtain, via lease agreements, access to private parking
lots; a n d
WHEREAS, the Dublin Community Church (the "Church's has excess parking in its
parking lot that it is willing to lease to the City; and
WHEREAS, the City and the Church have twice previously entered into parking lease
agreements for the excess parking in the Church's parking lot; and
WHEREAS, the parties desire to renew the parking lease agreement as it has been
successful for both parties; and
WHEREAS, as a result of the renewed parking lease, 15 spaces will be dedicated to
office employees and 15 spaces will be available for patrons and visitors to the Historic
District.
NOW, TEREFORE, 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 Resol
4.04(a) of the Revised C
ay of 00tTt)1aifv' , 2017.
,fion is effective upon passage in accordance with Section
anter.
assed this
Mayor — Presid' g Officer
F
ATTEST:
of
Clerk of Council
Office of the City Manager
1100 iry Emerald Parkwayo Dublin OH 43017-109 0
Dublip n 14.410.440 ot Phone: 614.410.4400 # Fax: 6 9
Cit
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Tom. Members of Dublin City Council
From: Dana L. McDaniel, City Man kit
Date:, October 5, 2017
lnl*'tl*ated By: Donna Goss, Development Director
Re: Resolution 73-17 - Renewing the Parking Lease Agreement with Dublir
Community Church
At that time, Resolution 52-11 provided for an agreement between the City and Xcelerate Media to
sublease the 30 parking spaces the City was leasing from the church. Xcelerate was paying the
amount the City was leasing the spaces for on a monthly basis. Xcelerate was responsible for
ensuring that the parking spaces would be used on a month-to-month basis,
Resolution 73-17 is a three-year renewal of the agreement authorized in Resolution 51-11. The
difference in the terms of the agreement are that the parking lot will not need to be repaired and
the signs are in place. The City will continue to lease the 30 parking spaces and continue to
provide reimbursement for snow removal expense.
K%celerate Media continues to lease parking spaces on a month-to-month basis. However, they
have modified the agreement to reduce their lease from 30 to 15 parking spaces.
As we enter into the various roadway projects that will affect commerce within the District, these
excess parking spaces will be utilized as part of the parking and mobility initiatives to explore and
promote parking management services.
PARKING LOT LEASE AGREEMENT
This Parking Lot Lease Agreement ("the Lease") is made this day of 12017
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"). Lessor and Lessee
previously executed a three year lease for the property described below and wish to enter into a
new lease under substantially the same terms and conditions. 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 # 273000025, 273000044,
273000077, 273000096, 273000113, 273000122, and 273000124 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.
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.
{H230611&5 }
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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 may assign this Lease or sublet
the Premises in whole or in part without Lessor's prior written consent.
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
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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.
16. 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.
Approved asto Form:
Jennifer D. Readler, Law Director
0127206.0607934 4826-5666-1838v1
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THE CITY OF DUBLIN:
Dana L. McDaniel, City Manager
THE DUBLIN COMMUNITY CHURCH
Lyn Hessler, Moderator
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