Resolution 33-21
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: May 18, 2021
Initiated By: Megan O’Callaghan, Deputy City Manager/Chief Finance and Development Officer
Re: Resolution 33-21 – Authorizing the City Manager to Enter into a First Amendment
of the Lease Agreement Between the City of Dublin and the Dublin Chamber of
Commerce
Summary
On March 30, 2020, Dublin entered into a new Lease Agreement (the “Lease”) (see attached) with
the Dublin Chamber of Commerce (the “Chamber”) for the building located at 129 S. High Street.
Pursuant to Section 21 of the Lease, Dublin and the Chamber agreed to make certain improvements
to the building and to share the costs of such improvements as listed in Exhibit C to the Lease. The
improvements will provide for a vibrant, flexible, collaborative environment to accommodate the
Chamber’s operations and better serve members and the Dublin business community. Alterations and
updates contemplated to the floorplan include the Chamber suite, public meeting room, community
meeting room with kitchen, ADA compliant public restrooms, and renovated and updated building
entrance and interior hallway areas. The improvements contemplated by the Lease also included
construction of a Downtown Gateway Pavilion that would serve as the public outdoor living room. The
leasehold improvement costs were estimated to be $450,000, inclusive of furnishings.
Staff and the Chamber decided to implement the improvements in two phases; the first phase is the
improvements to the building and the second phase is the pavilion.
The first phase improvements to the building were designed in collaboration with the Chamber and
bid on March 22, 2021. Staff is presenting Resolution 32-21 accepting the lowest and best bid for the
Chamber of Commerce Renovation and Addition Project to City Council on May 24, 2021. Miles-
McClellan Construction Company submitted the lowest and best bid of $471,100. The cost of the
improvements to the building contemplated by the Lease exceeds the budgeted amounts and both
Dublin and the Chamber will share in the cost overruns attributable to each party pursuant to the
Lease. The City’s total contribution to this Project is determined to be $394,740. The Chamber’s total
contribution is $76,360 plus furnishings (which are estimated to cost $75,000).
The Architectural Review Board reviewed and provided informal feedback on the second phase
Downtown Gateway Pavillion at their August 26, 2020 meeting. Although the members were
supportive of the creation of a public gathering and seating space that was open to the public, they
expressed concerns that the proposed structure and its design overwhelmed the existing building and
dominated the street frontage. They also expressed concerns about the increase in lot coverage with
the proposal and recommended the applicant investigate other alternatives to meet the requirements.
The Chamber and staff agree construction of the second phase Downtown Gateway Pavilion, which
was contemplated as part of the improvements in the Lease and estimated to cost $65,000, is now
unfeasible to build as designed. Accordingly, staff and the Chamber have agreed to amend the Lease
removing the Pavilion from the list of improvements in both Exhibits B and C to the Lease. Should
Council approve this Resolution, the City will no longer be responsible for the Pavillion and Dublin will
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
Phone: 614.410.4400 • Fax: 614.410.4490 Memo
Resolution 33-21 – Authorizing the City Manager to Enter into a First Amendment of the Lease
Agreement Between the City of Dublin and the Dublin Chamber of Commerce
May 18, 2021
Page 2 of 2
use the funding for construction of the Pavilion to go towards offsetting Dublin’s portion of the cost
overruns for the phase one improvements to the building. The balance of the Lease remains
unchanged.
Recommendation
Staff recommends Council approval of Resolution 33-21 authorizing the City Manager to enter into a
First Amendment of the Lease Agreement between the City of Dublin and the Dublin Chamber of
Commerce.
1
FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE (the “Amendment”), dated and effective as of
the last date of signature below (the “Effective Date”), is between the City of Dublin (the
“Landlord”), and the Dublin Chamber of Commerce (the “Tenant”).
RECITALS:
WHEREAS, the Landlord and Tenant entered into a Lease Agreement (the “Lease”)
(Exhibit A), for the Premises described in the Lease; and
WHEREAS, pursuant to Section 21 of the Lease, the Landlord and Tenant agreed to make
certain improvements to the building and share the costs of such improvements as listed in Exhibit
C to the Lease; and
WHEREAS, bids for the improvements to the building contemplated by the Lease
exceeded the budgeted amount; and
WHEREAS, both the Landlord and the Tenant have committed to pay portions of the
overages attributable to each party pursuant to the Lease; and
WHEREAS, the Landlord and the Tenant both agree that the construction of the Downtown
Gateway Pavilion, which was contemplated as part of the improvements, is now unfeasible to build
as designed; and
WHEREAS, the Landlord was responsible for the costs of construction of the Pavilion and
those funds ($65,000) will now go towards offsetting the cost overruns attributed to the Landlord
for the improvements noted on Exhibit C to this Amendment; and
WHEREAS, the parties desire to amend Exhibits B and C of the Lease as set forth in this
Amendment; and
WHEREAS, terms capitalized, but not defined in this Amendment, shall be given the
respective meanings ascribed to them in the Lease;
NOW, THEREFORE, the parties agree as follows:
1. Exhibit B is hereby modified to remove any reference to The Downtown Gateway
Pavilion and the attached Exhibit B shall replace the original Exhibit B of the Lease.
2. Exhibit C is hereby modified to strike Section VII. Downtown Gateway Pavilion in
its entirety and the Landlord shall have no responsibility to construct the Pavilion. The attached
Exhibit C shall replace the original Exhibit C of the Lease. The Landlord shall reallocate the
$65,000 set aside for the construction of the Pavilion to instead pay for the cost overruns
attributable to the other portions of the Project for which the Landlord is responsible.
2
3. This Amendment may be executed in multiple counterparts, each of which shall
constitute an original and all of which taken together shall constitute one and the same agreement
binding upon the parties, notwithstanding that all the parties are not signatories to the same
counterpart. In order to facilitate the finalization of this Amendment, the parties agree that
signatures transmitted via e-mail or by docusign in a "PDF" format without notary
acknowledgement may be used in place of original signatures on this Amendment. Each party
intends to be bound by such party's e-mail or docusign "PDF" format signature on this Amendment,
is aware that the other parties are relying on such party's facsimile or "PDF" format signature, and
hereby waives any defenses to the enforcement of this Amendment based upon the form of
signature or the lack of a notary acknowledgement.
4. Except as modified by this Amendment, the Lease remains unchanged, valid, and
in full force and effect. In the event of any ambiguity or inconsistency between the terms of the
Lease and the terms of this Amendment, the terms of this Amendment shall control. Captions are
included for convenient reference only. Each party hereby represents and warrants that this
Amendment has been duly authorized, executed and delivered by and on its behalf and constitutes
such party’s valid and binding agreement in accordance with the terms hereof. This Amendment
shall bind and inure to the benefit of the successors and assigns of the parties. Neither party shall
be deemed the drafter of this Amendment. This Amendment shall be governed by Ohio law without
regard to conflict of laws principles.
[Signature page follows]
3
IN WITNESS WHEREOF, the parties have executed this Amendment as of the Effective Date, as
established below.
LANDLORD:
By: ______________________________
Dana L. McDaniel, City Manager
Date: _____________________________
TENANT:
By: ______________________________
Dublin Chamber of Commerce
Approved as to Form:
By: _______________________________
Jennifer D. Readler, Law Director
ANS/ANS/02380527.1
EXHIBIT A
EXHIBIT A
EXHIBIT C
Estimated Leasehold Improvement Costs
SCOPE Estimated Cost Cost Allocation
Landlord / Tenant
I. Dublin Chamber Suite $70,000 $0/$70,000
Update Existing Offices (x2) $30,000
New full lite glass doors, frames and hardware to offices.
New carpeting in offices. Base to be standard profile cove vinyl.
Add power and IT pathways for new workstations and
furniture layout.
Paint all walls and base casings.
Replace all lighting with LED. Style to match new décor.
Furnishings
Update Front Room (original historic structure) $20,000
Add new full lite glass door and hardware.
Construct full height partition with new door, frame and hardware
for secured Storage Room. New lay-in ceiling.
New carpeting in Reception Area. Base to be standard profile cove vinyl.
Add power and IT pathways for new workstation and furniture layout
Paint all walls in Reception Area. Replace all lighting with LED.
Style to match new décor.
Furnishings $20,000
II.Public ‘BIZ BISTRO’ + ‘Convene’ Meeting Room $70,000 $50,000/$20,000
Remodel area for Business Gathering Space $50,000
Remove existing glass wall and door at hallway.
Add Hospitality Center to include granite top with sink,
under-cabinets, appliances, power, decorative tile wall,
pathway and power for flat screen monitor.
Replace flooring with ceramic plank tile (Bistro) and carpet (Convene)
to match new décor. Replace all existing base with profile vinyl base.
New full lite door, frame and casing.
Paint all walls, ceiling and trim to match new décor.
Rework HVAC ductwork.
Rework lighting for new layout. Fixtures to be LED.
Add Wi-Fi and charging stations.
Furnishings $20,000
III.Public Community Meeting Room with Kitchen:$75,000 $50,000/$25,000
Remodel Community Meeting Room $30,000
Remove the existing closet and kitchenette.
Relocate wall for new alcove in Business Bistro.
Replace/reposition existing doors with new
full lite glass doors and hardware.
New carpet and profile vinyl base.
Paint all walls, ceiling and trim.
Replace all lighting with LED. Style to match new décor.
Add pathway and power for pendent mounted flat screen
monitors x2.
Construct new Kitchen $25,000
Repurpose the existing Women’s Toilet Room into Kitchen for
Community Room use. Island, Cabinets, granite counter tops,
tile wet wall, ceramic plank flooring, profile vinyl base, appliances,
LED lighting, painted walls, ceiling, trims. Finishes to match new décor.
Furnishings $20,000
IV. Public Toilet Rooms $80,000 $80,000/ $0
Construct ADA compliant Public Toilet Rooms $80,000
Work to include adding 200 SF to the building and repurposing
the existing Men’s Toilet Room to accommodate ADA compliant
men’s and women’s restrooms. To include vinyl plank flooring,
tile wet wall, metal toilet partitions, painted walls, ceilings.
Fixtures, finishes, lighting, doors/hardware to match new décor.
The existing housekeeping closet to remain.
V. New Building Entrance $30,000 $30,000/ $0
Expand Building Useable Area and Relocate Front Entry $30,000
Repurpose Existing Entrance Porch to Interior Space
Construct new insulated concrete foundation and slab.
Remove existing patio wall.
Construct new insulated window wall with finishes to match existing.
Construct new building entrance. Work to include new concrete stoop,
covered porch roof, new full lite storefront entrance door with side light
to include ADA compliant hardware, threshold, power door operator,
push plate actuator and electronic card reader.
VI. Interior Hallway Areas $60,000 $60,000 / $0
Front Hallway $25,000
Replace flooring with ceramic plank tile to match new décor.
Replace all existing base with profile vinyl base.
New doors, frames and casings. Ceilings to be wood plank.
Paint all walls to match new décor.
Replace all lighting with LED. Style to match new décor.
Add pathway and power for flat screen monitors
Parking Lot Entrance & Hallway $35,000
Reconfigure for ADA compliant Ingress/Egress.
Install new full lite storefront entrance door to feature ADA compliant
hardware, threshold, power door operator, push plate actuators,
electronic card reader and video doorbell.
Remove hallway storage closets. Straighten wall.
Replace all flooring with ceramic plank tile to match new décor.
Replace all existing base with profile vinyl base.
Replace hallway door and mechanical closet doors with new.
Paint all walls, doors, frames and casings. Ceiling to be wood plank.
to match new décor.
Replace all lighting with LED. New outdoor lighting
Style to match new décor.
VII. Downtown Gateway Pavilion $65,000 $65,000/ $0
Construct Public Outdoor Living Room $50,000
Prepare exterior landscape area for patio
Construct 18’x18’ covered pavilion on 20’x20’ concrete patio.
Add decorative lighting, café seating, Wi-Fi, charging stations,
new building signage, landscaping
Furnishings $15,000
EXHIBIT C
Estimated Leasehold Improvement Costs
SCOPE Estimated Cost Cost Allocation
Landlord / Tenant
I. Dublin Chamber Suite $70,000 $0/$70,000
Update Existing Offices (x2) $30,000
New full lite glass doors, frames and hardware to offices.
New carpeting in offices. Base to be standard profile cove vinyl.
Add power and IT pathways for new workstations and
furniture layout.
Paint all walls and base casings.
Replace all lighting with LED. Style to match new décor.
Furnishings
Update Front Room (original historic structure) $20,000
Add new full lite glass door and hardware.
Construct full height partition with new door, frame and hardware
for secured Storage Room. New lay-in ceiling.
New carpeting in Reception Area. Base to be standard profile cove vinyl.
Add power and IT pathways for new workstation and furniture layout
Paint all walls in Reception Area. Replace all lighting with LED.
Style to match new décor.
Furnishings $20,000
II. Public ‘BIZ BISTRO’ + ‘Convene’ Meeting Room $70,000 $50,000/$20,000
Remodel area for Business Gathering Space $50,000
Remove existing glass wall and door at hallway.
Add Hospitality Center to include granite top with sink,
under-cabinets, appliances, power, decorative tile wall,
pathway and power for flat screen monitor.
Replace flooring with ceramic plank tile (Bistro) and carpet (Convene)
to match new décor. Replace all existing base with profile vinyl base.
New full lite door, frame and casing.
Paint all walls, ceiling and trim to match new décor.
Rework HVAC ductwork.
Rework lighting for new layout. Fixtures to be LED.
Add Wi-Fi and charging stations.
Furnishings $20,000
III. Public Community Meeting Room with Kitchen: $75,000 $50,000/$25,000
Remodel Community Meeting Room $30,000
Remove the existing closet and kitchenette.
Relocate wall for new alcove in Business Bistro.
Replace/reposition existing doors with new
full lite glass doors and hardware.
New carpet and profile vinyl base.
Paint all walls, ceiling and trim.
Replace all lighting with LED. Style to match new décor.
Add pathway and power for pendent mounted flat screen
monitors x2.
Construct new Kitchen $25,000
Repurpose the existing Women’s Toilet Room into Kitchen for
Community Room use. Island, Cabinets, granite counter tops,
tile wet wall, ceramic plank flooring, profile vinyl base, appliances,
LED lighting, painted walls, ceiling, trims. Finishes to match new décor.
Furnishings $20,000
IV. Public Toilet Rooms $80,000 $80,000 / $0
Construct ADA compliant Public Toilet Rooms $80,000
Work to include adding 200 SF to the building and repurposing
the existing Men’s Toilet Room to accommodate ADA compliant
men’s and women’s restrooms. To include vinyl plank flooring,
tile wet wall, metal toilet partitions, painted walls, ceilings.
Fixtures, finishes, lighting, doors/hardware to match new décor.
The existing housekeeping closet to remain.
V. New Building Entrance $30,000 $30,000 / $0
Expand Building Useable Area and Relocate Front Entry $30,000
Repurpose Existing Entrance Porch to Interior Space
Construct new insulated concrete foundation and slab.
Remove existing patio wall.
Construct new insulated window wall with finishes to match existing.
Construct new building entrance. Work to include new concrete stoop, covered porch
roof, new full lite storefront entrance door with side light to include ADA
compliant hardware, threshold, power door operator, push plate actuator and
electronic card reader.
VI. Interior Hallway Areas $60,000 $60,000 / $0
Front Hallway $25,000
Replace flooring with ceramic plank tile to match new décor.
Replace all existing base with profile vinyl base.
New doors, frames and casings. Ceilings to be wood plank.
Paint all walls to match new décor.
Replace all lighting with LED. Style to match new décor.
Add pathway and power for flat screen monitors
Parking Lot Entrance & Hallway $35,000
Reconfigure for ADA compliant Ingress/Egress.
Install new full lite storefront entrance door to feature ADA compliant
hardware, threshold, power door operator, push plate actuators,
electronic card reader and video doorbell.
Remove hallway storage closets. Straighten wall.
Replace all flooring with ceramic plank tile to match new décor.
Replace all existing base with profile vinyl base.
Replace hallway door and mechanical closet doors with new.
Paint all walls, doors, frames and casings. Ceiling to be wood plank.
to match new décor.
Replace all lighting with LED. New outdoor lighting
Style to match new décor.
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