80-06 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 80-06 Passed ,20_
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE AMENDMENT WITH GTN
CORPORATION (DBA DUBLIN VILLAGE TAVERN)
WHEREAS, the City of Dublin is the owner of a building located at 27-29
South High Street in the Historic Dublin district; and
WHEREAS, Dublin City Council has expressed their desire to maintain the
location as a business establishment in support of Historic Dublin; and
WHEREAS, the current tenant, GTN Corporation (dba Dublin Village Tavern),
has expressed interest in improving the building to further the business use.
NOW, THEREFOtE, 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 the Lease
Amendment 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 ~ o.fi. day of.AJ 0 u-etnb<:.r' ,2006.
~ . .
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
Phone: 614-410-4400. Fax: 614-410-4490
CITY OF DUBLIN
Memo
TO: Member of Dublin City Council_ ._-
FROM: Jane S. Brautigam, City Manager (...; ~5, ~
INITIATED BY: Sara Ort, Assistant City Manager
Steve Smith, Law Director
DATE: November 16, 2006
RE: Resolution 80-06 Authorizing the City Manager to Execute a
Lease Amendment with GTN Corp. - Dublin Village Tavern
Summary
Legal and City staff have been working with GTN Corporation, dba Dublin Village Tavern
(DVT), regarding a modified lease for a city-owned structure at 27-29 South High Street in
Historic Dublin.
The lease amendment addresses two key areas. First, it grants permission to expand the structure
by 557 square feet for a new kitchen area and expanded dining area; relocation of the walk-in
cooler; and relocation of the outdoor dining area as approved by Planning & Zoning Commission
and Architectural Review Board. These improvements are at the expense of DVT. The
amendment also grants use of 8 public parking spaces immediately west of the structure for
staging of equipment and materials for 100 days during construction. DVT anticipates closing
for 3-4 weeks during construction of the kitchen and will remain open with a limited menu
during the rest of the construction. After construction, the building will contain approximately
1,654 square feet.
Second, the amendment provides a new rate for monthly rent of $1,240.50 commencing on the
earlier of May 1, 2007 or opening of the renovated space to the public. This rate is based upon
$9/sq. ft.lyear and is consistent with the rate negotiated with DVT in 2004.
Recommendation
Staff recommends approval of resolution 80-06.
EXHIBIT
I A-
AMENDMENT NO.2 TO
LEASE AGREEMENT
This Amendment No.2 to Lease Agreement (this "Amendment") is made effective as
(the "Effective Date"), by and between the CITY OF DUBLIN, OHIO, an Ohio
municipal corporation, with offices at its City Hall, 5200 Emerald Parkway, Dublin, Ohio 43017
("Lessor") and GTN CORPORATION, an Ohio corporation, whose address is 4482 Dunleary
Drive, Dublin, Ohio 43017 ("Lessee").
Background Information
A. Lessor and Lessee entered into a certain Lease Agreement, dated October 19,
1998, as amended by that certain Amendment No.1 to Lease Agreement, dated April 1, 2004
(collectively, the "Lease"), for the premises described on Exhibit "A" attached hereto and hereby
made a part hereof (the "Premises"), which Premises is commonly known as 27-29 South High
Street, Dublin, Ohio 43017; and
B. The Premises includes the approximate 1,097 square foot building located thereon
(the "Original Building").
C. Lessor and Lessee have agreed to amend the Lease to provide for certain
modifications to the Original Building, the Premises and certain other improvements located
thereon as more fully set forth herein. The Lease as amended by this Amendment shall
hereinafter be referred to as the "Lease."
Agreement
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties agree to the foregoing background information and
as follows:
ARTICLE I
MODIFICATION
1. EXlJansion Premises.
(a) Lessee's Work. Lessor hereby consents to Lessee (i) expanding the Original
Building by enclosing the existing front porch and a portion of the existing
outdoor seating area located in front of the Original Building (the "New Seating
Area") and adding an addition to the rear of the Original Building to
accommodate a new kitchen (the "New Kitchen Area"), thereby adding
approximately five hundred fifty seven (557) square feet of additional space to the
Original Building (the "Expansion Premises"), (ii) expanding and relocating the
existing walk-in cooler located at the rear ofthe Original Building (the "Relocated
Cooler"), (iii) removing the existing privacy fence screening the existing walk-in
cooler located at the rear of the Original Building and replacing it with a new
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privacy fence to screen the expanded and relocated walk-in cooler (the "New
Screening"), (iv) removing the park benches, fountain and landscaping (other than
the existing memorial tree) located in front of the Original Building to create a
new outdoor seating area (the "New Outdoor Seating Area"), and (v) relocating
the existing wrought iron fence in front of the Original Building such that it is
parallel with the existing sidewalk and encloses the new outdoor seating area (the
"New Fencing")(collectively, "Lessee's Work"). Lessee agrees that the removal
of the park benches and the fountain pursuant to (iv) above will be performed in a
manner to preserve same so that Lessor may relocate these items to another
property. As soon as the benches and the fountain are removed, Lessee shall
contact Fred Hahn, Director of Parks and Open Space for Lessor, at 614-410-4706
to arrange for Lessor's pick-up and relocation of same.
Lessee's Work shall be performed strictly in accordance with (x) the plans and
specifications for such work attached hereto as Exhibit "B" and hereby made a
part hereof (the "Plans"), (y) the site plan showing the location and dimensions of
the Original Building and Premises, together with the New Seating Area, New
Kitchen Area, Relocated Cooler, New Screening, New Outdoor Seating Area and
New Fencing, a copy of which site plan is attached hereto as Exhibit "c" and
hereby made a part hereof (the "Site Plan") and (z) the terms and conditions set
forth herein and in the Lease, specifically including, but not limited to Section 6.7
(public Accommodation/Americans with Disabilities Act), Section 16.7 (Lessor is
a Governmental Entity) and Section 16.8 (Historic District; Economic
Development Project). The Original Building and Expansion Premises are
hereinafter collectively referred to as the "Renovated Building." Subject to
Section 6.8 of the Lease and the rights of any lien holder of Lessee, all alterations
and improvements made to the Original Building and Premises shall be deemed to
be the property of Lessor.
(b) Performance of Lessee's Work. Lessee shall be solely responsible and pay for the
performance of Lessee's Work and all materials, supplies and equipment used in
connection therewith. Lessee shall cause Lessee's Work to performed (i) in a first-
class, good and workmanlike manner using new, good quality materials, (ii) in
compliance with the Plans and Site Plan, subject only to such changes and
amendments to the Plans and/or Site Plan as may be approved by Lessor; and (iii)
in accordance with all laws, ordinances, rules and regulations of all governmental
and quasi-governmental authorities having jurisdiction as the same may be
amended or supplemented from time to time.
Lessee shall, at its sole cost and expense, obtain all building and other permits,
licenses and certificates required pursuant to applicable law in connection with
the performance of Lessee's Work.
Lessor may, upon delivery to Lessee of prior oral notice, inspect the status of
completion of Lessee's Work. Lessee shall promptly correct any defect or
departure from the Plans, Site Plan and any violation of any requirement of any
governmental entity. Upon the expiration or earlier termination of the Lease,
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Lessee agrees that it shall assign to Lessor any existing warranty it receives in
connection with the performance of Lessee's Work.
Lessee acknowledges that portions of the parking lot on the Premises, including
the entrances thereto, are used by the occupants, customers and employees of the
buildings located at 21 West Bridge Street, Dublin, Ohio (the "Town Center") and
Lessee hereby agrees that such occupants, customers and employees of the Town
Center may continue to use said portions of the parking lot on the Premises,
including the entrances thereto, and that the performance of Lessee's Work will
not interfere with the availability of convenient parking for or access to the Town
Center except as permitted by the following. Lessor agrees that Lessee may use
the eight (8) parking spaces directly west of the Premises as a "Staging Area", as
depicted on the Site Plan, in connection with the performance of Lessee's Work
for a period of one hundred (100) days, provided that: (i) Lessee notifies Lessor
and the adjacent property owners (Mr. Grabill and Mr. Bassett) that such parking
spaces will be closed at least five (5) days prior to such closure; and (ii) Lessee
agrees to construct a fence around such Staging Area to prevent public access and
use of same during the performance of Lessee's Work. Lessee agrees that access
via the sidewalk from Mill Lane to the covered entrance to the buildings located
at 31 &33 South High Street will at all times during the performance of Lessee's
Work remain unobstructed and that the construction of the fence around the
Staging Area will not obstruct or interfere with same. Lessee shall keep the
Premises in a neat and orderly condition during the performance of Lessee's
Work (including the daily pickup and placement of trash into an on site dumpster
located in the Staging Area for that purpose). Lessee's materials, supplies,
equipment and vehicles used in connection with the performance of Lessee's
Work shall at all times be contained within the Staging Area. Notwithstanding
the foregoing, in the event all of the construction vehicles used in performance of
Lessee's Work do not fit within the Staging Area, Lessee shall be permitted to
park such vehicles or cause such vehicles to be parked in other available public or
private parking so long as same are not parked in the Town Center, Town Center
II or Krema lots. In connection with Lessee's Work and use of the Staging Area,
Lessee agrees to promptly notify adjacent property owners of the closing of the
eight (8) parking spaces comprising the Staging Area and agrees to promptly
notify and reasonably cooperate with such adjacent property owners as to the
timing, progress and completion of Lessee's Work. Lessee represents and
warrants that it shall be responsible for any damage to the parking area which
results from Lessee's Work and/or construction of the Staging Area including, but
not limited to, asphalt damage or damage to the curbs, storm sewer, landscaping
and/or sidewalk areas adjacent to or within the Staging Area. Lessee represents
and warrants to Lessor that in connection with the performance of Lessee's Work
or any Lessee repairs required hereunder, Lessee shall not impair the structural
integrity of the Original Building.
(c) Insurance/Indemnity. In addition to the other insurance required under the Lease,
during the performance of Lessee's Work, Lessee shall obtain and maintain (i)
builder's completed value risk insurance against all risks of physical loss, with
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commercially reasonable deductibles, naming Lessor as an additional insured,
such insurance to be in amounts covering the total value of Lessee's Work and in
such a form and by such companies as shall be reasonably approved by Lessor;
and (ii) worker's compensation insurance as required by all laws of the State of
Ohio. Prior to commencing Lessee's Work, Lessee shall provide Lessor with
certificates evidencing all such insurance. Lessee shall indemnify, defend and
hold harmless Lessor from and against any damage, liability, loss or expense,
including reasonable attorneys' fees, in connection with the performance of
Lessee's Work and/or a breach of Lessee's obligations under the Lease.
(d) Payment of Contractors, Suppliers and Others. All work shall be performed lien
free by Lessee. If a mechanic's lien is filed against the Premises, Lessee shall
discharge or bond off the same within fifteen (15) days from the filing thereof,
provided in the event Lessor notifies Lessee that Lessor's interest in the Premises
is impaired due to the existence of such lien, Lessee shall immediately discharge
or bond off said lien. If Lessee fails to discharge said lien, Lessor may bond off
or pay said without inquiring into the validity or merits of such lien and all sums
so advanced shall be paid to Lessor on demand by Lessee as additional rent.
(e) Timing for Performance of Lessee's Work. Lessee represents and warrants that
Lessee shall perform Lessee's Work in accordance with the construction schedule
set forth on Exhibit "D" attached hereto and made a part hereof (the "Construction
Schedule"). Lessee shall use commercially reasonably efforts to commence
Lessee's Work no later than December 1, 2006 and at all times diligently pursue
the performance of Lessee's Work to completion. Lessee shall provide to Lessor
at least ten (10) days' prior written notice of the date upon which Lessee will open
the Renovated Building to the public for business. If Lessee abandons the
performance of Lessee's Work before its completion, all improvements made to
the Premises (subject to any rights of lien holders of Lessee) shall belong to
Lessor, but this shall not constitute Lessor's sole remedy.
(t) Closing During Performance of Construction. Notwithstanding Section 6.9 of the
Lease, Lessee shall have the right to temporarily cease operating from the
Premises during the performance of Lessee's Work; provided, however, that upon
the completion of Lessee's Work, Lessee shall promptly re-open the Renovated
Building for business to the public and operate in accordance with the terms of
Section 6.9 of the Lease.
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2. Rent. Upon completion of the Expansion Premises by Lessee in accordance with
the provisions hereof, the Renovated Building shall contain approximately sixteen hundred fifty
four (1,654) square feet. Commencing upon the earlier of (a) May 1, 2007 and (b) the date that
Lessee opens the Renovated Building to the public for business, Lessee hereby covenants and
agrees to pay to Lessor as rent for the Premises during the term of the Lease the sum of twelve
hundred forty dollars and fifty cents ($1,240.50) per month during Option One (as defined in the
Lease), payable in advance upon the first day of every calendar month during the term. Rent
shall be prorated for any fraction of a month.
3. Notices. Pursuant to Section 16.9 ofthe Lease, the address for notices to Lessor
is hereby changed to:
City of Dublin With a copy to: Elaine M Darr
5200 Emerald Parkway Schottenstein, Zox & Dunn
Dublin, Ohio 43235 250 West Street
Attention: City Manager Columbus, Ohio 43215
4. Rehabilitation of Original Building. Section 5 (Rehabilitation of Building) and
7.6 (Construction of Improvements) of the Lease relating to Lessee's initial construction
obligations are hereby deleted in their entirety.
5. Ratification of Lease. Except as specifically modified herein, all of the terms,
covenants, conditions and agreements contained in the Lease shall remain in full force and effect
in accordance with the terms thereof and Lessee hereby ratifies and confirms its obligations as
Lessee thereunder. From and after the Effective Date hereof, the term "Premises" and "building"
as used in the Lease, specifically including, but not limited to, Section 6.2 (Utilities), Section 6.3
(Maintenance of Premises), Section 6.4 (Insurance), Section 6.5 (Surrender), Section 6.6 (Lawful
Use), Section 6.7 (public Accommodation/Americans with Disabilities Act), Section 9
(Assignment and Subletting), Section 10 (Eminent Domain), Section 11 (Damage to or
Destruction of Premises) and Section 12 (Repairs and Alterations), shall be deemed to
specifically include the Expansion Premises and all improvements constructed by Lessee
hereunder.
6. Counterparts. This Amendment may be executed in a number of counterparts,
each of which shall be deemed an original, all of which together shall constitute one and the
same instrument.
7. Binding Effect. This Amendment shall bind and inure to the benefit of the
successors and assigns of Lessor and the successors and assigns of Lessee.
8. Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of Ohio.
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(Signatures on following page)
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IN WITNESS WHEREOF, the parties hereto have caused their respective duly
authorized officers to execute this Amendment in duplicate originals, each of which shall be
deemed an original, effective as of the date first written above.
LESSOR:
CITY OF DUBLIN, OHIO,
an Ohio municipal corporation
By:
Jane Brautigam, City Manager
STATE OF OHIO
:SS
COUNTY OF FRANKLIN
The foregoing instrument was acknowledged before me this _ day of ,
2006 by Jane Brautigam, the City Manager, of the City of Dublin, Ohio, and Ohio municipal
corporation, for and on behalf of said municipal corporation.
Notary Public
My Commission Expires:
LESSEE:
GTN CORPORATION,
an Ohio corporation
Timothy Picciano, President
STATE OF OHIO
:SS
COUNTY OF FRANKLIN
The foregoing instrument was acknowledged before me this _ day of ,
2006 by Timothy Picciano, the President of GTN Corporation, an Ohio corporation, Inc., an
Ohio corporation, for and on behalf of said corporation.
Notary Public
My Commission Expires:
EXHffiIT LISTING:
EXHffiIT "A"- Legal Description
EXHffiIT "B"- Plans
EXHffiIT "C"- Site Plan
EXHffiIT "D" - Construction Schedule
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EXHIBIT "A"
Legal Description
To be attached.
{H0501560.51
EXHillIT "B"
Plans
To be attached.
{H0501560.5 }
EXHillIT "C"
Site Plan
To be attached.
{H0:501560.5 }
EXHillIT "D"
Construction Schedule
To be attached.
{H0501560.5 }