Resolution 77-23RECORD OF RESOLUTIONS
GOVERNMENT FORMS & SUPPLIES 844-224-3338 FORM NO. 30045
77-23
Resolution No. Passed , 20
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 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; and
WHEREAS, the Dublin Community Church (the “Church”) has excess parking in its
parking lot that it is willing to lease to the City for parking; and
WHEREAS, the City and the Church have four times previously entered into parking
lease agreements since 2011 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, _(y _ 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 237 day of edahp , 2023.
LL AWK
Mayor — Presiding Officer , V (its Clea of Coyfic C
ATTEST:
To: Members of Dublin City Council
From: Megan D. O’Callaghan, City Manager
Date: October 17, 2023
Initiated By: Jean-Ellen Willis, PE, Director of Transportation and Mobility
Kirby Dearth, Economic Development Administrator
Kendel L. Blake, Management Analyst
Re: Resolution 77-23 Authorizing the City Manager to Execute a Renewal of a
Parking Lease Agreement with Dublin Community Church
Background
The City of Dublin (the “City”) routinely reviews the parking needs within Historic Dublin by
evaluating parking operations, space utilization, and turnover. The City has historically looked for
ways to provide more parking options in the Historic District. One method is to leverage private
parking lots via lease agreements. The Dublin Community Church (the ”Church”) has excess parking
in its parking lot that it is willing to lease to the City for parking. The City and the Church have four
times previously entered into parking lease agreements since 2011 for the excess parking in the
Church’s parking lot (ie. Resolutions 51-11, 83-14, 72-17, and 49-20).
The previous parking lease agreements between the City and the Church have been for three-year
terms and provided that the City would lease 30 parking spaces for public use and economic
development purposes. The parking spaces have been available for use 7:30 am – 11:30 pm on
weekdays only, excluding holidays. The leased parking spaces have been located at the southern
end of the Church lot and were primarily chosen to not interfere with the Dublin Food Pantry’s
operation and preschool drop-off/pick-up.
The current three-year agreement will expire at the end of October 2023. The rental rate is $750
per month ($9,000 annually) plus reimbursement for snow removal services in the parking lot up
to a maximum of $7,500 per year. The City has spent less than $3,000 each of the three previous
years on snow removal services for the parking lot as outlined in the table below:
Year Inclement Weather Costs
2023 $1,500 year-to-date
2022 $2,815
2021 $2,526
Summary
In preparation for the expiration of the current parking lease agreement, staff conducted a parking
assessment of the currently leased spaces over a two-week period to evaluate the usage of the
parking spaces at four different times throughout the day. After reviewing the data, the parking
spaces, although minimal, were being used. Staff found that one day during the two-week period
there was an event going on in the district, which caused all the spaces to be full.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
Memo re. Resolution 77-23 Parking Lease Agreement Renewal with Dublin Community Church
October 17, 2023
Page 2 of 4
The Dublin Food Pantry relocated out of the Church to its own facility earlier this month. With the
goal of increasing utilization of the leased parking spaces, staff requested, and the Church is
agreeable, to shift the leased parking spaces closer to Franklin Street for improved visibility and
convenience to businesses and add signage to provide better wayfinding to drivers seeking
parking. Reference Exhibit A for the proposed leased parking spaces.
Staff also requested to remove the previous Monday through Saturday, 7:30 AM to 11:30 PM and
holiday restrictions on the spaces with the proposed agreement. The Church has agreed to remove
these restrictions and allow the spaces to be available Monday through Saturday and on holidays.
From an Economic Development perspective, the continued leasing of these parking spaces
provides additional flexibility for future office needs in the district. Parking can be a tool leveraged
to support business attraction and retention efforts. Additionally, there is the potential an office in
the district may become vacant in the near future. If a new tenant were in need of additional
parking, the City would be positioned to sublease these spaces for economic development
purposes as we have in the past.
On August 29, 2023, staff held an open house for Envision Dublin to gather input on six Special
Area Plans. Preliminary public feedback continues to request available parking in the Historic
District.
It is staff’s recommendation to continue to lease 29 parking spaces in the Church lot. Other terms
of the current agreement are proposed to remain consistent including the three-year term, rental
rate of $750 per month ($9,000 annually) plus reimbursement for snow removal services in the
parking lot up to a maximum of $7,500 per year.
Exhibit B is a current inventory of Historic Dublin’s parking designated by private or public
ownership and is provided for Council’s reference.
Recommendation
Staff recommends approval of Resolution 77-23 authorizing the City Manager to Execute a
Renewal of a Parking Lease Agreement with Dublin Community Church at the October 23rd City
Council Meeting.
Memo re. Resolution 77-23 Parking Lease Agreement Renewal with Dublin Community Church
October 17, 2023
Page 3 of 4
Memo re. Resolution 77-23 Parking Lease Agreement Renewal with Dublin Community Church
October 17, 2023
Page 4 of 4
EXHIBIT B
Current Parking Lots Public and Private Ownership
{H2306118.5 } 1
PARKING LOT LEASE AGREEMENT
This Parking Lot Lease Agreement ("the Lease") is made this ___ day of ________, 2023
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 November 1, 2023 and shall expire 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 consist of 29 parking spaces and shall be
used solely as a public parking lot (the "Permitted Use"). It will be open for the Permitted Use
Monday through Saturday. 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 remove any old signage and erect new
signage designating this access point and the Premises/public parking spots (See Exhibit “A”).
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
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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
undisturbed, quiet and peaceful possession of the Premises. Lessor will not do or suffer any act
3
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.
THE CITY OF DUBLIN:
Megan D. O’Callaghan, City Manager
Approved as to Form:
Assistant Law Director
THE DUBLIN COMMUNITY CHURCH
Robin Campbell, Moderator
EXHIBIT A
Leased Parking Spots
Location for new
directional sign