Resolution 049-20RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No.
49-20
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A RENEWAL OF A PARKING LEASE AGREEMENT
WITH DUBLIN COMMUNITY CHURCH
WHEREAS, the City of Dublin (the City) has comprehensively
reviewed the parking needs within Historic Dublin be 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; and
WHEREAS, the City and the Church have three times 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, 30 spaces will
be available for patrons and visitors in the Historic District.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Dublin, State of Ohio, F7, of elected members concurring that:
Section 1. The City Manager is hereby authorized to execute a
parking lease agreement with the Dublin Community Church in
substantially the same form as the agreement attached as Exhibit
„A
Section 2. The Resolution is effective upon passage of
accordance with Section 4.04(a) of the Revised Charter.
Passed thisday of,,_5 , 2020.
-.Z� - FS
Mayor- Presiding Officer
ATTEST:
Clerk of Council
7City of Dublin
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: September 22, 2020
Initiated By: Sara O'Malley, Economic Development Administrator
Re: Resolution 49-20 Renewing the Parking Lease Agreement with
Dublin Community Church
Background
Memo
On October 10, 2011, City Council approved Resolution 51-11, authorizing the City Manager to
enter into a parking lease agreement with Dublin Community Church. At that time, the agreement
provided that the City would lease 30 parking spaces to be made available for public use during
the workday, and would also be involved in sealing, crack sealing and restriping of the parking lot.
The City's value of contributions to the partnership at that time was $8,500. Also addressed in the
resolution were reimbursable expenses for snow removal and signs for users of the lot.
Also at that time, Resolution 52-11 provided for an agreement between the City and Xcelerate
Media, a company located in the Historic District, to sublease the 30 parking spaces the City was
leasing from Dublin Community Church, in order to free up time-limited parking spaces closer to
the retail establishments. Xcelerate Media was paying the full amount on a monthly basis.
In October 2017, Resolution 72-17 was passed detailing a three-year renewal of the agreement
authorized in Resolution 51-11. The difference in the terms of the agreement was that the parking
lot would not need to be repaired and appropriate signage was already in place. Additionally,
Xcelerate Media reduced their sublease from 30 spaces to 15. The City continued to lease the full
30 parking spaces and would provide reimbursement for snow removal expenses. The rental
contract at that time also increased from $8,500 to $9,000 annually.
Resolution 72-17 will expire on October 14, 2020. Xcelerate Media has since terminated their sub -
rental of 15 of the 30 spaces due to the COVID-19 pandemic and their staff working remotely.
Additionally, once the staff does return, parking options have increased in the area with the
opening of the library garage, negating the need to lease permit parking spaces.
As Historic Dublin continues to evolve and compete with other entertainment destinations, and to
balance parking needs on the Southwest side of the district, it is staffs recommendation to
continue to lease these 30 parking spaces for public use. The original terms of the 2017 resolution
will remain intact, with the renewal rate remaining flat at $9,000/year, or $27,000 for the three-
year term. It is also staffs recommendation to install more visible signage, changing the language
from "Permit Parking" to "Public Parking." Please see parking map in Exhibit A and site photos in
Exhibit B for reference.
Recommendation
Staff recommends approval of Resolution 49-20 at the September 28' Council Meeting.
Memo re. Resolution 49-20 Renewing the Parking Lease Agreement with Dublin Community Church
September 15, 2020
Page 2 of 3
EXHIBIT A
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PARKING LOT LEASE AGREEMENT
This Parking Lot Lease Agreement ("the Lease") is made this day of , 2020 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 5555 Perimeter Drive, 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}
1
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
2
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
3
THE CITY OF DUBLIN:
Dana L. McDaniel, City Manager
THE DUBLIN COMMUNITY CHURCH
Ross Walker, Moderator
Exhibit A
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