24-06 Resolution
RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No_ 30045
24-06
Resolution No. Passed ,20_
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
DUBLIN SOCCER LEAGUE REGARDING THE
CONSTRUCTION AND LEASE OF A CONCESSION
STAND/STORAGE FACILITY AT DARREE FIELDS.
WHEREAS, Dublin Soccer League is a non-profit community organization in
existence in Dublin for many years with over 200 adult volunteers providing
recreational services to youth in the Dublin community; and
WHEREAS, Dublin Soccer League proposes to construct and lease and operate a
concession stand/storage facility at Darree Fields, which is City-owned land; and
WHEREAS, the City has no objections to the construction of said facility on the City
premIses;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, 7 of the elected members concurring that:
Section 1. The City Manager is hereby authorized to enter in the Agreement with
the Dublin Soccer League, attached hereto as Exhibit "A".
Section 3. This Resolution shall take effect and be in force on the earliest date
permitted by law.
Passed this ;{(){A day of 7n~ ,2006.
L
Mayor - Presiding Officer
ATTEST:
~~ (I ~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
CITY OF DUBLIN. Phone: 614-410-4400 . Fax: 614-410-4490 Memo
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager\J'h_,'--- ,5 r~.fia~~<.-r""''-'"
Date: March 15,2006
Initiated By: Fred Hahn, Director of Parks and Open Space
Re: Res. 24-06 Authorizing the City Manager to Enter into a Construction and
Lease Agreement with Dublin Soccer League
Summary:
Dublin Soccer League (DSL) seeks to construct a storage facility/concession stand at Darree Fields to
support its recreational soccer program. The structure will provide much needed equipment storage
space and allow concession sales. DSL will finance the construction through the approximately
$235,000 in its Facilities Fund.
Discussion:
Legal staff has prepared the attached agreement to outline the responsibilities ofDSL and the City
relating to the design, construction and maintenance of the proposed structure. DSL retains
responsibility for selecting an architect, managing the construction, financing all phases of the project,
and day-to-day maintenance responsibilities. The City would be responsible for maintenance associated
with the structure such as painting and roof repairs. This arrangement is similar to that used for the
construction and maintenance of the concession stand at Avery Park.
Parks staff will work closely with DSL to ensure appropriate aesthetics to match other structures in the
park. Once construction is complete, the structure will become property ofthe City. In return DSL will
retain primary use of the facility to support their programs.
The DSL Board approved this agreement on March 8.
Recommendation:
Staff recommends approval of Resolution 24-06 authorizing this agreement.
EXHIBIT A
AGREEMENT
This AGREEMENT is entered into by and between THE CITY OF DUBLIN, a
municipal corporation organized and existing under the laws of the State of Ohio, (herein called
the "City"), located at 5200 Emerald Parkway, Dublin, Ohio 43017 and THE DUBLIN SOCCER
LEAGUE (herein called "DSL") located at 37 West Bridge Street, Dublin, Ohio 43017.
RECITALS
WHEREAS, DSL is a non-profit community organization in existence in Dublin for
many years, with over 200 adult volunteers providing recreational services to youth in the Dublin
community; and
WHEREAS, DSL proposes to construct and operate a concession stand/storage building
(herein called the "Facility") at the City-owned Darree Fields (herein called the "Premises"); and
WHEREAS, the City will permit the construction of the Facility on the Premises;
NOW, THEREFORE, for and in consideration of the mutual covenants, representations
and agreements contained herein, the City and DSL hereby covenant and agree as follows:
1. CONSTRUCTION. DSL will construct a concession stand/storage facility on the
Premises in accordance with plans and specifications approved by the City. Prior to the
commencement of construction of the Facility, DSL will provide the City with initial
plans and specifications related to such construction. Within thirty (30) days after receipt
of such plans and specifications by the City, the City will review such plans and
specifications and notify DSL if such plans and specifications are approved, which
approval shall not be unreasonably withheld. Further, any material changes to the plans
and specifications previously approved in accordance with this section shall be subject to
the same approval requirements set forth herein. Upon completion of the construction of
the Facility, the Facility will meet and satisfy the project specifications and plans and
specifications approved in accordance with this Section in all material respects. The
Parties agree that the City shall have no financial responsibility with respect to the
construction, operation, or maintenance of the Facility unless otherwise noted in this
Agreement. All improvements so made or permitted by the City shall become or be
deemed to constitute a part of the Premises and ownership of such improvements shall
revert to the City once the Facility is fully constructed.
2. USE OF FACILITY. DSL shall use the Facility to complement its recreational program.
In using the Facility, DSL shall comply with all lawful requirements of the Board of
Health, the police and fire departments and federal, state and Dublin authorities.
3. TERM. The initial term of this Agreement is for one (1) year commencing on the date of
execution of this Agreement. This Agreement shall be automatically renewed for
continuing one (1) year periods unless either Party notifies the other in writing at least
{H0645168,1 I
thirty (30) days prior to the expiration of the initial term or any renewal term. All
renewal terms shall be subject to all of the terms and conditions of this Agreement.
4. CONSIDERATION. DSL agrees that it will: (1) pay for and construct upon the Premises
a concession stand/storage facility that will serve as a complement to the recreational
activities it provides on the Premises, and for no other purpose without the written
consent of the City; (2) provide all services and pay all expenses except noted herein,
incidental to the operation of the program; provided, however, all new construction,
modifications, and alterations to the Facility during the term of this Agreement must be
approved in writing in advance by the City, which approval shall not be unreasonably
withheld.
5. FURNISHING OF SERVICES. The City shall provide utility services to the Facility.
6 PAYMENTS. In order to defray the costs of utilities provided by the City, DSL annually
shall pay to the City a sum equal to 5% of its net profits ("net profits" are defined as the
amount of DSL's gross sales from the operation of the Facility less its expenses in
operating the Facility). By November 30 of each calendar year, DSL shall submit to the
City the aforesaid payment and a statement signed by a DSL officer setting forth the total
amount ofDSL's net profits from the operation of the Facility.
7. RULES AND REGULATIONS. DSL shall abide by and conform to all rules and
regulations adopted or prescribed by the City for the operation and management of the
Facility including but not limited to the rules and regulations of the City of Dublin.
8. INDEMNIFICATION. DSL agrees to indemnify, protect, defend and hold harmless the
City and its elected officials, officers, agents, employees, and volunteers from and against
any claims, costs (including attorney's fees and court costs), expenses, damages,
liabilities, losses or judgments arising out of, or in connection with, any claim, demand or
action made by any third party, if such are sustained as a direct or indirect consequence
ofDSL's use of the Facility.
9. INSURANCE. DSL shall furnish the City with a Certificate of Insurance for liability and
casualty insurance covering its activities at the Facility. The terms, limits and company
issuing the policy shall be acceptable to Dublin and shall name the City as additional
insured.
10. MAINTENANCE OF FACILITY. The City shall keep the Facility in a good state of
repair and it will be responsible for repairs including painting of the interior and exterior
of the building, maintaining the roof; maintaining the windows, doors and openings;
maintaining all electrical, plumbing and other systems installed in the Facility; and
maintaining the parking areas. The City shall also provide trash receptacles for garbage.
11. ALTERATIONS AND IMPROVEMENTS. DSL shall not make any alterations or
improvements to the Facility during the Term of this Agreement without the City's prior
written consent.
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12. OTHER USE. DSL understands and agrees that during the term of this Agreement, it
may not use or cause to be used any part of the Premises for any use other than that stated
in this Agreement.
13. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between
the parties. Any prior understanding or representation of any kind preceding the date of
this Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement.
14. MODIFICATION. Any modification of this Agreement or additional obligation assumed
by either party in connection with this Agreement shall be binding only if evidenced in
writing signed by each party or an authorized representative of each party.
15. WAIVER. The waiver by either party of any breach of any term, covenant, or condition
herein contained shall not be deemed to be a waiver of such term, covenant, or condition
or any subsequent breach of the same or any other term, covenant, or condition herein
contained. The subsequent acceptance of Rent or other sums hereunder by either party
shall not be deemed to be a waiver of any preceding breach by the other party of any
term, covenant, or condition of this Agreement other than the failure to pay the particular
Rent or other sum so accepted, regardless of the accepting party's knowledge of such
preceding breach at the time of acceptance of such Rent or other sum.
16. SURRENDER OF POSSESSION. Whenever the Agreement shall be terminated, whether
by lapse of time, forfeiture, or in any other way, DSL covenants and agrees that it will at
once surrender and deliver the Facility to the City.
17. NOTICES. Any notice to be given in connection with this Agreement shall be in writing
and may be served by personal delivery or be sent by certified mail, or by reputable
courier service which provides written evidence of delivery, addressed as specified in the
first paragraph hereof or to such other address as requested by either party in writing. All
notices given in the manner specified herein shall be effective upon receipt or refusal of
receipt.
18. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be
binding upon the respective successors and assigns (including successive, as well as
immediate, successors and assigns) of the parties hereto.
19. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Ohio.
20. ARTICLE AND SECTION CAPTIONS. The Article and Section captions contained in
this Agreement are included only for convenience of reference and do not define, limit,
explain or modify this Agreement or its interpretation, construction or meaning and are in
no way to be construed as a part of this Agreement.
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21. SEVERABILITY. If any provision of this Agreement or the application of any provision
to any person or any circumstance shall be determined to be invalid or unenforceable,
then such determination shall not affect any other provision of this Agreement or the
application of said provision to any other person or circumstance, all of which other
provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
effective as of the date and year first above written.
DUBLIN SOCCER LEAGUE
By:
Its:
CITY OF DUBLIN
By: Jane S. Brautigam
Its: City Manager
APPROVED AS TO FORM
By: Stephen J. Smith
Its: Law Director
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