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Home My WebLink About067-78 Ordinance ~ - RECORD OF ORDINANCES I National Graphics Corp., Cols., 0" ~ Form No, 2806-A I Ordinance No ._______,6.7__=_7.8 p assed_______._______u______u________u_______________19 u___' -- AN ORDINANCE TO ACCEPT A LEASE BID ON THE MUNICIPAL GARAGE 129 S. HIGH (i STREET, DUBLIN, OHIO; AUTHORIZING THE VILLAGE ADMINISTRATOR TO ENTER U INTO A LEASE AGREEMENT~AND-OEC1AR!NG I AN EMERGE-NCY. I WHEREAS, a lease bid, has been received for the Municipal Garage I 129 S. High Street and WHEREAS, Counc i I has determi ned that the bid of {:;"""/NLl W~I.WwfJ in the amount of $ IIO.o!!. per month is the best bid: NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, of the elected members concurring I SECTION I. That the bid of ~.wIIiJNI{; (,J'("i+I for the lease of the I Municipal Garage, 129 S. High Street, in the Village of Dublin, I , I Ohio, is hereby accepted. I I I SECTION 2. That the Lease agreement, attached hereto, is hereby I incorporated as an official part of this Ordinance. 10 SECTION 3. That the Village Administrator be and he hereby is, I authorized and directed to execute said Lease Agreement i n the I name of the Vi Ilage with the said NllNf,..,.c We>AJ4S~' for the I lease of the Municipal Garage, 129 S. High Street, Dublin, Ohio. I I I ECTION 4. That this Ordinance be and the same hereby is, de- I I clared to be an emergency measure necessary for the immediate I I 'V ,,,,,t1 t preservation of the public pea.e, health and safety and for the I "PI ~ further reason that said lease agreement is to commence August I ~ I , 1978, therefore, this Ordinance shall take effect and be in I force immediately upon its passage. . I assed th is Jl )1 day of Av,-~'O 1 , I I 1978. I I I I I I I I I Ma~di~ I I I n I I I \ J ATTEST: I I 7l~~ I cYl erk- Treasurer I I I I I I I I I I I I I I . - - - -- - - -- - .- ------- --- ---- lEA SEA G R E E MEN T Village of Dublin, Ohio 129 South High Street Dublin, Ohio 43017 THIS lEASE made and entered into this IJJ day of OcT, 19 7F, by and between the undersigned lessor and lessee, witnesseth: The lessor, in consideration of the rents to be paid and the covenants and agreement to be performed by the lessee, has demised and leased, and does (~hereby demise and lease unto the lessee the following described premises, ~ situated in the Coun~ of Franklin and the State of Ohio, and commonly known as; 1/I/llIft &-...,. Cl' e , TO HAVE AND TO HOLD the same, with the appurtenances thereto be long i ng for the fu II term of / yctJ/l , beginning lo-r-?1 , yielding and paying therefor during the said terms, the sum of $ , payable in monthly installments of $ 110," each month, in advance at Dublin Municipal Building, 6665 Coffman Road, Dublin, Ohio 43017, or at any other place that the lessor may from time tOJ time so designate. . ~ AND lESSOR AND lESSEE AGREE AS FOllOWS: ~ 't~ PAYMENTS: (I) lessee agrees to pay the stipulated rent in ~ ~::~ advance, and agrees further that the accept- ~J... ~ 0 ance by the lessor of rental payments after -;I. d ~ the due date shall in no manner constitute a ~ ~~, waiver of lessor's rights in the event of ~~ r; () lessee's fai lure to make rental payments as ... ~" I) herein prescribed and agreed, nor wi II it be L~ 1 considered as a change in the date upon which ~ ' the lessee is required to pay said rent. . ~ elATE The rent is due the first of each month regard~ ~ PAYMENT: less of date of your occupancy. If not paid by the 10th of the month, a ~5.00 late char~e shall be charged by landlord and Tenant agrees to pay said late charge upon demand therefor. PAYMENTS (2) If the lessee shall fail to make any payment OTHER THAN or fulfill any obligations other than payment RENT: of rent, which lessee has incurred or is ob- liged to make or pay hereunder, then the amount thereof shall be added to and be deemed a part of any installments or rent then due or there- after falling due and the lessor shall have the same remedies in the premises that he has for non-payment of rent. OCClIPANCY: (3) lessee agrees that the premises wi II be used KS~Df for des i gnated purposes on I y, ~ f"Vrtu1tJ'{J W'~ that the premises wil I not be used or allowed to be used for any unlawful purposes, nor for any purposes deemed hazardous by the lessor or lessor's insurance company because of fire ~ or other risk; and the lessee will conform with I and obey all laws, ordinances, rules, regulations ~ r requirements and orders of all governmental agen- cies or 3ubdivisions having Jurisdiction on said premises and the use and occupancy thereof. Not to make, or permit to be made, any disturb- ance, noise or annoyance whatsoever, which In the opinion of the lessor may be detrimental to said building or to the comfort of other neigh- boring tenants thereof. Not to park his car or allow his friends ~park their cars on the lawns nor to d~ive across the lawns. Page - 1- RIGHT OF (4) Said lessor covenants and agrees with said OCCUPANCY: lessee, that said lessee, p~ying the rents and charges and observing and keeping the coven- I ants of this lease on lessee's part to be kept sha II I awfu I I y, peaceably and quietly hold and occupy said premises during said term, without any hinderance or molestration by said lessor. ASSIGN- (5) lessee agrees not to assign this I ease or sub- MENT: let the premises without the written consent fl of the lessor. CJ COND IT I ON (6) OF PREMISES: By the execution of this lease, the lessee I acknowledges that the premises are i nag ood I and satisfactory state of repair and finish, that lessee has examined the said premises I prior to signing this lease and that no rep- I sentations as to the state of repairs thereof have been made by the lessor or lessor's a- gents which are not herein expressed or attach- ed and that the lessee hereby accepts the de- mised premises in its present condition at the date of the execution of this lease. (6 ) The lessee sha II keep the said premises and the wa I Is, cei lings, floors, woodwork, paint, wa I I paper, p I a st e r i n g , plumbing, pipes, fix- tures, globes and glassware, and appurtenances thereto in said demised premises, in a clean, sightly and healthy condition, al I at lessee's own expense, and sha I I deliver the same back n to the lessor upon vacating the premises, whether such vacating shall occur by expira- U t i on of the lease or in any other manner what- soever, in the same condition of cleanliness, repair and sightliness as at the date of exe- cut i on hereof, reasonable usage or loss by fire excepted where caused without fault on the part of lessee. DEPOS IT: (7) lessee has deposited with the lessor the sum of $ (! to guarantee the return of the premises tot he lessor at the terminiation of this lease, in as good or better condition as accepted in Ar- ticle (6) above, reasonable usage excepted, and to indemnify the lessor against damage or loss caused by the lessee's tenancy. At the termin- at i on of t his lease, the depos it will be return- ed to the lessee within fifteen (15) days follow- ing the vacating of the premises after deducting any amounts to cover replacement of keys, damage to the premises, unpaid rent, cleaning or restor- ation of the premises and any other amounts due the lessor, provided However, that lessee had n occupied the premises for ____ months or more; if V less than ____ months, the entire security deposit may be retained by lessor, at its opt i on , as part of the liquidated damages. LIABilITY: (8) lessor sha I I not be liable to lessee for any dam- ages to lessee or lessee's fami Iy, or property resulting from any condition or state of repair or the premises and shall not be I iable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of the in sta I I at i on thereof, gas pipes, water pipes, or from broken Page -2- -..-- --- -- - - - --- -- - stairs or steps, porches, rai lings, walks, or from the backing up of any sewer pipe or down- spout, or from the bursting, leaking or run- I ning of any tank, tub, washstand, water closet or waste pipe, drain or any other pipe or tank In, upon or about said building or premises, nor for any damage or injury occasioned by water, sn ow or ice being upon or coming through the roof, upon the walks, steps, or any other place upon or near said premises, nor for any damage or injury done or occasioned by the faI- n ling of any fixture, p I a st e r , or damage caused U by fire or arising from the effects of a fire, explosion, nor for any damage or injury arising from any act, ommission or negligence of co- tenants or of other persons, occupants of the I same building or of adjoining or contiguous I buildings, or of lessor's agents or lessor it- I I se If, all claims for any such damage or injury I being hereby expressly waived. I I WAIVER: (9) It is further covenanted and agreed by and be- tween the lessor and lessee that no waiver of any condition or covenant in th is lease, or any breach of any such covenant or condition or to justify or authorize the non-observance on any other occasion of the same or of any other covenant or condition hereof, nor sha II the accept- ance of rent by the lessor at a time when the lessee IS in default under any covenant of condi- t i on be construed as a waiver of such default. VACATING (10) Upon the termination of the lea se , lessee sha I I n PREMISES: yield immediate possession to lessor and return the keys for said premises to lessor at the add- U ress herein before stated for the payment of rents and, upon fai ling to do so, lessee sha II pay as liquidated damages therefor, a sum equa I to the pro-rated rent for each day such keys are not re- turned. The acceptance of such liquidated dama- ges by lessor sha II not constitute a waiver by lessor of lessor's rights of re-entering said premises as provided elsewhere in this lease, nor sha 11 any other act in apparent affirmance of ten- ancy operate as a waiver of the right to terminate the lea se . CARE AND I NSPECT I ON (II) lessee agrees to keep the premises in a clean wholesome condition, to remove snow from all side- walks, to properly care for all shrubs, trees, lawns, and other planting; that the lessor and lessee's agents, employees and representatives may inspect the premises at all or any reasonable time and may post "For Rent" or "For Sale" signs on the (l pr-emises, and may exhibit the premises to prospec- tive tenants at all reasonable hours. lessee fur- '-' ther agrees that no boxes, conta i ners, dog houses. or other items of simi lar kind will be placed or stored outside the house, except one approved me- tal rubbish container, and that no fences, tre II i ses or barricades wi II be constructed. DEFAULT ( 12) lessee agrees that in the event lessee fa i I s to pay AND the rent when due or in the event default be made RE-ENTRY: in any of the other covenants herein contained, or if said premises shall be deserted or vacated, or if lessee sha II be adjudged a bankrupt or if a Re- ceiver shall be appointed for lessee by any County, Page -3- - - - -- -- - --- - - - - - - then in any such event, this Lease may be ter- minated at the option of Lessor while such con- d i t i on ex i st s , and the rights of Lessee here- under sha II thereupon cease and terminate and Lessor may enter upon said premises and again have, repossess and enjoy the same as if thi s Lease had not been made. Thereupon, th i s Le a se and everything herein contained on the part of Lessor to be performed shall cease and termin- ate without prejudice, however, to Lessor's rights of action for breach of covenant against the Lessee. In the event of any such default n and entry by Lessor, Lessor may relet said '-' premises for the remainder of said term for the highest rent obtainable and may recover from lessee any deficiency between the amount so ob- tained and the rent hereinbefore reserved. The commencement of a proceeding or suit . In forcible entry and detainer or in ejectment, or I otherwise, sha II be equivalent in every respect I to actua I entry by Lessor. I THREE DAY (13) If forcible entry and detainer action is neces- NOTICE: sary and if judgement is attained against tenant, the Lessee agrees to pay al I reasonable legal fees which the landlord incurs as a result there- of. APPLlCAT I ON ( 14) The Lessee understands and agrees that the Lessor I AS INDUCE- has tendered this Lease to the Lessee on the basis MENT FOR of the representations contained in Lessee's ap- LEASE: plication submitted to the Lessor for the purpose of inducing the Lessor to enter into this Lease with the Lessee. The Lessee further understands n and agrees, that in the event that any of the rep- " resentations contained in said application sha II be found by the Lessor to be misleading, incorrect or untrue, the Lessor sha II have the right to forth- with cancel th i s Lease and upon rendering a three (3) day Notice, repossess the leased premises by forcible entry and detainer or otherwise. S h ou I d the Lessee refuse surrender of the premises after the third day, permIssIon for such forcible entry and detainer is hereby given by the Lessee. INTERPRETA- (15) The words uLessoru and uLesseeu used herein shall T IONS: include the plural thereof, and t re necessary changes required to make the provisions hereof apply to corporations or men or women sha II be construed as if made. ENTIRE (16 ) The entire agreement between the Lessor and Lessee AGREEMENT: is contained herein and neither party has made any representation or agreement except as contained or attached hereto. o CA PT IONS: (17) The captions of the several Articles of this Le a se are not part of the context thereof, sha II be ignored in constru i ng it and are merely labels to assist In the reading of the Lease. TERMINATION: (18) Lessor can terminate this Lease by written notice to the Lessee of intention to terminate, which no- tice must be mai led or delivered to the Lessee at least fifteen (15) days before the expiration of the current rental period. This termination can be with or without stated cause. Page -4- - - - - - --- - - - Tenant agrees to give land lord at I east th i rty (30) days written notice of Tenant's intenti9n to remove at expiration of the term of this le a se , otherwise said Tenant shall be deemed to be holding over. Such notice shall be deemed to be permission granted to the land- lord to enter and show the leased premises ~ at reasonable hours to prospective tenants for the purpose of re-renting said Premises. The thirty (Sq day notice requirement also (") applies to those continuing to occupy the Premises on a month to month basis. I " OCCUPANCY (19 ) If the lessee continues to occupy the Premises I AFTER after the expiration date of original lease EXPIRATION: and does not request a new lease or is not requested by lessor to execute new lease, it will be on a month to month basis. All of the conditions of Paragraphs I , 2, 3, 3, 5, 6, 7, 8, 9, 10, I I , 12, 13, 14, 15, 16, 17, 18 in t he or i g i na I lease wi II automat i ca II y become conditions of this month to month Agreement. The Application which Tenant completed IS attached hereto and is made a part of this lease. "landlord" as used herein includes both the owner of the Premises and said owner's Agent. The owner's name and address, and the individual in charge thereof are as follows: (J OWNER: Village of Dublin OWNERS AGENT: Sherman Sheldon 6665 Coffman Road Village Administrator Dubl in, Ohio 43017 IN WITNESS WHEREOF, the parties have executed this lease as of the day and year first written above: lAND lORD: Witnessed by: :: I 1;;;= "1I);;r-- d\p.n qo~ AGENT ' /~ /~ ~~ TE NA NT Y TENANT () \J Page -5-