HomeMy WebLinkAboutOrdinance 78-13RECORD OF ORDINANCES
Dayton Legal Blank, Inc.
Ordinance No.
78 -13
Form No. 30043
Passed 20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY CONVEYANCE DOCUMENTATION TO
ACQUIRE 4.39 ACRES, MORE OR LESS, FEE SIMPLE INTEREST
FROM JOHN H. KILBURY, AND DECLARING AN EMERGENCY.
WHEREAS, John H. Kilbury ( the "Seller's is the owner of two parcels of property,
Nos. 273 - 000049 and 270 - 000248, consisting of 4.39 acres, more or less, east of
High Street, North of Dublin- Granville Road and located adjacent to the Scioto River
(the "Property's attached hereto as Exhibit "A "; and
WHEREAS, City Council established a goal to acquire parkland along the Scioto
River, and the Bridge Street District Vision Planning supports the use of this property
for park purposes, thus supporting the acquisition of these two parcels from Seller to
be held by Purchaser as public parkland, said property described in the legal
descriptions attached hereto as Exhibit "A "; and
WHEREAS, the City agrees to purchase the Property described in Exhibit "A," and
Seller agrees to sell the Property to Purchaser pursuant to the terms of the Real
Estate Purchase Agreement ("REPA'D attached hereto as Exhibit "B "; and
WHEREAS, the City and the Seller participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the necessary property
interests for Seven Hundred Twenty -Five Thousand Dollars ($725,000); and
li WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Seller.
NOW, THEREFORE, BE IT ORDAINED 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, in the name and on
behalf of the City, the REPA in substantially the form as attached Exhibit "A" and all
necessary conveyance documentation to acquire an approximate 4.39 acres, more or
less, from John H. Kilbury for the sum of Seven Hundred Twenty -Five Thousand
Dollars ($725,000), said property interests located within Franklin County Parcel Nos.
273 - 000049 and 270 - 000248. The REPA is approved, together with any changes or
amendments that are not inconsistent with this Ordinance and not substantially adverse
to the City and that are approved by the City Manager on behalf of the City, all of which
shall be conclusively evidenced by the signing of the REPA or amendments thereto.
Section 2. This Ordinance is declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety or welfare, and for the
further reason to comply with the terms of the Real Estate Purchase Agreement.
This ordinance shall therefore take effect immediately upon passage.
Passed this ?d ay of 2013.
Mayor - res ding Officer
ATTEST:
ea� �" 0"
Clerk of Council
I cityof Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager -\�
Date: October 10, 2013
Initiated By: Terry Foegler, Director of Strategic Initiatives /Special Projects
Memo
Re: Ordinance No. 78 -13 — Purchase of 4.4 Acre Parcel to Establish River Fronting
Parkland
Summary
During the weekend of September 28, 2013, the Administration became aware that an
approximate 4.4 -acre parcel of land on the east side of Dublin Road, located along the west side
of the Scioto, had come on the market for sale (see attached). The City Manager executed a
purchase agreement on October 3, 2013 for the acquisition of this property by the City of Dublin,
subject to an action by Dublin City Council authorizing said purchase. The Purchase price would
be $725,000 ($24,000 less than the asking price) and allows the current owner to continue to
occupy the existing house located on the site for one year from the date of closing. This price is
supported by preliminary appraisal information.
The subject site is owned by Mr. John Kilbury and is located primarily within the unincorporated
"island" of properties along the east side of Dublin Road, south of I -270. It also includes all of the
scenic Indian Run stream bed located between the Scioto River and Dublin Road. Previous goals
of City Council and recent Bridge Street District River Corridor Planning efforts have reinforced the
need and desirability of the City to provide additional public park space along the Scioto River.
The Administration believes the site provides an extraordinary opportunity to advance the vision
for a substantial river park along both sides of the Scioto River in this area. Late in 2012, the City
of Dublin acquired over 12 acres of land on the east side of the Scioto River, directly opposite the
Kilbury site. Recently completed surveys of our residents have clearly established river fronting
park land as among our community's highest park priorities.
The Director of Parks and Open Space and other key staff have inspected the site and believe it
would be a critical and contributing piece of an integrated park system along our scenic waterways
in this area. In addition to its extensive Scioto River frontage, Indian Run stream bed, and its
Dublin Road frontage, the site also possesses both high quality scenic character and accessible
land areas. In addition, it appears likely that the site will help address a major challenge
associated with providing construction equipment access for the planned Scioto River pedestrian
bridge.
Ordinance No. 78 -13 is scheduled for a first reading at the October 14, 2013 Council meeting. The
Administration will complete its due diligence on this property (appraisal, Phase 1 environmental
reviews, etc.) before Council would take action to approve the proposed authorizing ordinance on
October 28, 2013. Staff will request passage by emergency at the second reading /public hearing
in order to close on this acquisition shortly thereafter.
Recommendation
Subject to the completion of our due diligence, the Administration recommends Council approve
Ordinance 78 -13 by emergency action at the October 28, 2013 Council meeting.
CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
This Contract For Sale and Purchase of Real Property (this "Agreement ") is by and
between the between the City of Dublin, Ohio, an Ohio municipal corporation (hereinafter
referred to as the 'Purchaser'), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-
1006, and John H. Kilbury (hereinafter referred to as "Seller "), with an address of 190 N. High
St., Dublin, Ohio 43017. Purchaser and Seller are referred to individually herein as 'Party" and
collectively as 'Parties."
Recitals
WHEREAS, the seller is the owner of two parcels of property, no. 273 -00049 and 270-
000248, consisting of 4.39 acres, more or less, east of High Street, North of Dublin - Grandville
Road and located adjacent to the Scioto River;
WHEREAS, Purchaser has established a goal by its City Council to acquire park land
along the Scioto River, and the Bridge Street District Vision Planning supports the use of this
property for park purposes thus supporting the acquisition of these two parcels from Seller to be
held by Purchaser as public parkland, said property described in the legal descriptions attached
hereto as Exhibit A; and
WHEREAS, Purchaser agrees to purchase the property described in Exhibit A, and Seller
agrees to sell that same property to Purchaser pursuant to the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, agreements, and
covenants herein contained, the Parties agree as follows:
Provisions
1. Price and Consideration
Purchaser shall pay to Seller the sum of Seven Hundred Twenty -Five Thousand Dollars
($725,000) which sum shall constitute the entire amount of compensation due Seller for: (a) the
real property described in the attached Exhibit A which is Franklin County Tax Parcel Nos. 273-
000049 and 270 - 000248, in the aggregate referred to herein as the "Property "; and (b) Seller's
covenants set forth herein.
Seller shall be exclusively responsible for all delinquent taxes and assessments, including
penalties and interest, and for all other real estate taxes and assessments that are a lien as of the
date on which this Agreement closes. The taxes and assessments for the current calendar year
shall be prorated on an estimated basis to the date of acquisition of title or date of possession,
whichever is earlier in time.
2. Deed to Transfer
Seller, upon fulfillment of all the obligations and terms of this Agreement, shall sell and
convey to Purchaser, its successors and assigns, the property which is more particularly
Page 1 of 7
described in Exhibit A. If the rights, titles and estates described in Exhibit A constitute the fee
simple in, to and of the real property, then such sale and conveyance by Seller shall be by a good
and sufficient general warranty deed with, if applicable, full release of dower. In the event the
rights, titles, and estates described in Exhibit A constitute something less than the fee simple of
the real property, then such sale and conveyance by Seller shall be by a good and sufficient deed
or other instrument regularly and ordinarily used to transfer such lesser rights, titles and estates
with, if applicable, full release of dower.
3. Supplemental Instruments
Seller agrees to execute any and all supplemental instruments or documents necessary to
vest Purchaser with the rights, titles and interests described in Exhibit A.
4. Warranty of Title
Seller shall, and hereby does, warrant that the property described in Exhibit A is free and
clear from all liens and encumbrances whatsoever, except: (a) easements, restrictions, conditions
and covenants of record; (b) all legal highways; (c) zoning and building laws, ordinances, rules
and regulations; and (d) any and all taxes and assessments not yet due and payable.
5. Elimination of Others' Interests
Seller shall assist, in whatever manner reasonably possible under the circumstances, to
procure and deliver to Purchaser releases and cancellations of any and all other rights, titles and
interests in the property described in Exhibit A, such as, but not limited to, those belonging to
tenants, lessees, mortgagees or others now in possession or otherwise occupying the subject
premises, and all assessment claims against said property.
Seller and Purchaser agree that if a mortgagee of Seller or of a predecessor in title fails to
cooperate with the efforts to obtain a release of that mortgagee's mortgage lien secured by the
property described in Exhibit A, then and in that event this Agreement shall become null and
void and the parties to this Agreement shall be discharged and released from any and all
obligations created by this Agreement; for the purposes of this provision, the term "fails to
cooperate" shall include a demand or request by any such mortgagee for a fee to process such a
release of that mortgagee's mortgage lien that Purchaser, in its sole discretion, deems to be
excessive. Seller shall cooperate with all pre - acquisition due diligence by the Purchaser.
6. Offer to Sell
If Purchaser executes this Agreement prior to Seller, then this Agreement shall constitute
and be an offer to purchase by Purchaser that shall remain open for acceptance by Seller for a
period of seven (7) days immediately subsequent to the date on which Purchaser delivers such
executed Agreement to Seller. Upon Seller's acceptance and execution of this Agreement within
said period of seven (7) days, this Agreement shall constitute and be a valid Contract for Sale
and Purchase of Real Property that is binding upon the Parties.
Page 2 of 7
7. Closing Date
The consummation and closing of this Agreement shall occur at such time and place as
the Parties may agree, but no later than forty-five (45) days after Seller notifies Purchaser in
writing that Seller is ready to consummate and close this Agreement. Provided, however, in no
event shall such consummation and closing occur more than one hundred (100) days after the
last date on which one of the Parties executes this Agreement.
S. Condition Precedent to Obligations Relating to City Council Approval
Purchaser's obligation to consummate the transaction contemplated by this Agreement is
subject to, and contingent upon Purchaser obtaining the approval of its City Council. If
Purchaser has not obtained such City Council approval by such time as is required to
consummate this Agreement, this Agreement shall automatically terminate, and neither party
shall thereafter have any further rights, duties, or obligations hereunder.
9. Physical Possession of Land and Improvements
Seller may occupy the house located on the property for up to one year from date of
closing. Seller shall assume all expenses related to the occupancy of the house, including but not
limited to, taxes (on the structure, not the land), insurance, maintenance, and general housing
expenses, for the duration of his stay. Purchaser shall have all control and access rights to the
remainder of the property, excluding the house, following the day of closing.
The parties shall enter into a lease agreement, prior to closing, evidencing all terms and
conditions as they relate to the occupancy of the house located on the property, and control and
access rights of the remainder of the property.
10. Binding Agreement
Any and all of the terms, conditions, and provisions of this Agreement shall be binding
upon and shall inure to the benefit of Seller and Purchaser and their respective heirs, executors,
administrators, successors and assigns.
11. Multiple Originals
This Agreement may be executed in two or more counterparts, each of which will be
deemed an original, but all of which together shall constitute but one and the same instrument.
12. Entire Agreement
This instrument contains the entire agreement between the Parties, and it is expressly
understood and agreed that no promises, provisions, terms, warranties, conditions or obligations
whatsoever, either expressed or implied, other than herein set forth, shall be binding upon either
Seller or Purchaser.
Page 3 of 7
13. Amendments and Modifications
No amendment or modification of this Agreement shall be valid or binding upon the
Parties unless it is made in writing, cites this Agreement and is signed by Seller and Purchaser.
14. Governing Law
This Agreement shall be governed by the laws of the State of Ohio, and the venue for any
claim relating to said Agreement shall be an applicable Court in Franklin County, Ohio.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date(s) indicated immediately below their respective signatures.
PURCHASER
THE CITY OF DUBLIN, OHIO
Marsha I. Grigsby, City Manager
STATE OF OHIO
: ss
COUNTY OF VYLIs'UCliv—
BE IT REMEMBERED, that on this Z4 day of Y, DCK✓ , 2013, before me, the
subscriber, a Notary Public in and for said state, personally appeared Marsha 1. Grigsby, City
Manager of the City of Dublin, Ohio, an Ohio municipal corporation, the Purchaser in the
foregoing Agreement, and acknowledged the signing thereof to be his/her voluntary act and deed
for and on behalf of the City of Dublin, Ohio.
IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed my
official seal on the day and year last aforesaid.
NoLfy Pub
Page 4 of 7
SELLER
John H. Kilbury
0:��
STATE OF OHIO
COUNTY OF 2F�K lKLfrt�
ss.
BE IT REMEMBERED, that on this 3 "day of 2013, before me, the
subscriber, a Notary Public in and for said state, personally appeared John H. Kilbury, the Seller
in the foregoing Agreement, and acknowledged the signing thereof to be his voluntary act and
deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
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Page 5 of 7
EXHIBIT A
LEGAL DESCRIPTION
FRANKLIN COUNTY TAX PARCEL NOS. 273 - 000049 & 270 - 000248
t -Read and 190 North High Street
�1
Situated in the County of Franklin, State of Ohio and in the City of Dublin:
Being a part of Lot Number Five (5) of the partition of the Albert Chapman Estate Subdivision
as shown in Complete Record Volume 102, page 136, Franklin County, Ohio, Common Pleas
Court, situated in Virginia Military Survey No. 2542, described as follows:
Being that part of said Lot Number Five (5) lying south of a line established by projecting the
south boundary line of Lot Number Six (6) of the Partition of the Albert Chapman Estate in an
easterly direction S. 84 33' E. across said Lot No. 5 to the eastern boundary line of said Lot No.
5, containing six (6) acres of land more or less.
Excepting from the above described real estate the following described tract of land:
Beginning at a spike in the center of the Dublin - Bellepoint Road, at the southwest corner of land
of Donna M. Frambes; thence with the south line of Frambes Land East, 538 ft. to the west bank
of the Scioto River, passing an iron pin on line at 31.9 ft. and another iron pin on like at 528 ft.;
thence Southerly, along the bank of the River 121 ft. to a point in a line 121 ft. south of and
parallel to the south line of the Donna Frambes' Land; thence with said line. West, 542 ft. to a
point in the Dublin - Bellepoint Road, passing an von pin on line at 10 ft. and another iron pin on
line at 510.1 ft.; thence N. 2 50 W. along the Dublin - Bellepoint Road 121 ft. to the place of
beginning, containing 1 1/2 acres. (The aforesaid tract being that conveyed by Evelyn H. Schnee
and V.H. Schnee to D.M. McKirtick, filed for record July 6, 1949, recorded in D.B. 1504, Page
190, Recorder of Franklin County, Ohio.)
Parcel numbers: 270- 000248 and 273 - 000049
Address: 190 North High Street, Dublin, Ohio and 6799 Dublin Road, Dublin, Ohio
Prior Instrument Reference: D.B. 3548, page 475
John H. Kilbury
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LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease ") is made and entered into on this day of
, 2013 ( "Effective Date "), by and between the City of Dublin, Ohio, an Ohio
municipal corporation ( "Landlord "), whose address is 5200 Emerald Parkway, Dublin, Ohio
43017, and John H. Kilbury ( "Tenant "), whose address is 190 N. High Street, Dublin, Ohio
43017.
WITNESSETH:
WHEREAS, pursuant to a certain Real Estate Purchase Agreement dated
2013 ( "Purchase Agreement "), Landlord purchased from Tenant the real property and
improvements thereon legally described on Exhibit "A ", attached hereto and made a part hereof
(the "Property ");
WHEREAS, upon the closing of the sale and purchase of the Property, Landlord has
agreed to lease back to the Tenant the residence; and
WHEREAS, Landlord and Tenant desire to execute this Lease to define the rights and
obligations of each party with respect to such lease term, as herein set forth.
NOW, THEREFORE, for valuable consideration, the amount and sufficiency of which
are hereby acknowledged, Landlord and Tenant agree as follows:
1. PROPERTY Landlord hereby leases to Tenant, and Tenant hereby leases from
Landlord the exclusive right to the Residence and nonexclusive right to the current ingress and
egress points as delineated in Exhibit `B" (the "Tenant's Property ").
2. DEFINED PROPERTIES AND USE Tenant shall continue in possession of the
Tenant's Property on the Closing Date, as defined in the Purchase Agreement, in its "as is"
condition. Tenant shall be permitted to use the Tenant's Property only for residential purposes.
Tenant shall not sublet or assign the Tenant's Property or any part thereof, without the prior
written consent of Landlord.
Landlord shall have all ownership, control, and access rights to the remainder of the Property,
excluding the Tenant's Property following the Closing Date as delineated on Exhibit "C"
(Landlord's Property). Landlord rights include, but are not limited to, the right to enter upon the
Landlord's Property for the purpose of making surveys, soundings, drillings, appraisals, and
examinations as are necessary, in the sole discretion of the Landlord. Tenant may use the
Landlord's Property so long as it does not interfere with the Landlord's ownership, control, or
rights.
Landlord shall have access rights to the Landlord's Property through the Tenant's Property
current ingress and egress points. The Parties shall not in any way unreasonable block the access
points to the Property so as to prevent the other access to their respective property.
3. LEASE TERM The term of this Lease shall be for a period commencing on the
Closing Date, as that term is defined in the Purchase Agreement, and terminating on the last day
of the twelfth (12 consecutive full calendar month thereafter (the "Lease Term "). Tenant has
the right to terminate the Lease prior to the last day of the Lease Term upon Fifteen (15) days
prior written notice.
4. REAL ESTATE TAXES Real estate taxes and assessments shall be paid on a
pro rata basis. Tenant shall be responsible for the payment of all real estate taxes and
assessments charged against the Property up until the Closing Date, as determined and agreed to
in paragraph 1 of the REPA. From the Closing Date until the last day Tenant occupies the
residence, Tenant shall be responsible for the payment of all real estate taxes and assessments
charges against the improvements on the Property, and the Landlord shall be responsible for the
payment of all real estate taxes and assessments charged against the land.
The proration of undetermined taxes shall be based upon a three hundred sixty -five (365) day
year and on the last available tax rate, giving due regard to applicable exemptions, recently voted
millage, change in tax rate or valuation (as a result of the real estate purchase or otherwise),
whether or not the same have been certified.
Based on the 2012 real estate taxes and assessments, the estimated taxes owed is approximately
twenty dollars and sixty cents ($20.60) per day for the land portion, and approximately eight
dollars and ninety -seven cents ($8.97) per day for the improvements portion.
For example, if Tenant occupies the residence for one hundred eighty -three (183) days
(approximately six (6) months), Tenant is responsible for one thousand six hundred forty -one
dollars and fifty -one cents ($1,641.51) in real estate tax liability.
If there is a change in valuation, as a result of the real estate purchase or otherwise, the estimated
taxes owed per day for the land, and the estimated taxes owed per day for the improvements will
change.
Notwithstanding, the estimated proration of real estate taxes paid by each Party on the Effective
Date shall be final.
5. TENANT'S DUTIES Tenant shall do the following during the Term hereof:
(a) Keep the Property safe and sanitary, perform all day to day maintenance on
the Property and dispose of all rubbish, garbage, and other waste in a clean, safe and
sanitary manner approved by Landlord;
(b) Use and operate all electrical and plumbing fixtures properly and maintain
the interior of the Property in a fit and habitable condition;
2
(c) Comply with the requirements under state and local housing, health and
safety codes that are applicable to tenants, notwithstanding this language, tenants will not
be required to make any improvements in association with this compliance;
(d) Personally refrain, and forbid any other person who is on the Property with
Tenant's permission, from intentionally or negligently destroying, defacing, damaging, or
removing any fixture, appliance or other component of the Property;
(e) Personally refrain, and forbid any other person who is on the Residence with
Tenant's permission, from intentionally or negligently destroying, defacing, damaging, or
removing any fixture, appliance or other component of the Property;
(f) Personally refrain, and forbid any other person who is on the Landlord's
Property with Tenant's permission, from intentionally or negligently changing any of the
characteristics of the Landlord's Property;
(g) Pay for all extermination costs necessary during the Term to keep the
Residence in a safe and habitable condition as contemplated under Dublin's codified
ordinances;
(h) Not unreasonably withhold consent for Landlord or its agents or
representatives to enter the residence, provided Landlord gives Tenant at least forty -eight
(48) hours notice prior to entry (except in cases of emergency), Landlord shall be
permitted to enter the residence in the event of an emergency;
(i) Tenant shall regularly test all smoke detectors and the supply of electrical
current thereto; and
0) Tenant shall be responsible for mowing the lawn and snow removal from the
sidewalks and any driveway on the Tenant's Property.
6. UTILITIES Tenant hereby agrees that Tenant shall pay all of the charges
incurred for any and all utilities, i.e. gas, electric, water, telephone and cable, and services, i.e.
trash removal, consumed by Tenant on the Property.
7. INSURANCE Tenant shall, at its sole cost and expense, obtain and keep in full
force and effect from and after the Effective Date, a policy of renter's insurance insuring against
loss of, or damage to, Tenant's personal property, and a policy of liability insurance insuring
against personal injury or property damage occurring on the Property. All policies of insurance
maintained by Tenant with respect to the Property shall be primary and shall name Landlord as
an additional insured or loss payee, as appropriate. Tenant shall provide Landlord with proof of
such insurance simultaneously with execution of this Lease and thereafter at any time during the
Term within fifteen (15) days after Landlord's request.
3
8. FIRE OR OTHER CASUALTY In the event of any fire or other casualty causing
material damage to the Property during the Term, this Lease shall terminate as of the date of such
fire or other casualty and Landlord shall not be held liable for any claim other than Landlord's
negligence associated with the fire or other casualty.
9. QUIET ENJOYMENT Landlord represents that it has full right and power to
execute this Lease and to the Tenant's Property leased herein and that Tenant, upon the
performance of all of the terms, conditions, and covenants herein contained, shall have, hold and
peaceably enjoy the Tenant's Property during the full Term of this Lease, subject and
subordinate to all of the terms, covenants, and conditions of this Lease. Notwithstanding the
foregoing, Tenant understands and agrees that Landlord has the right to enter upon Landlord
Property for the purpose of making surveys, soundings, drillings, appraisals, and examinations as
are necessary, as well as for the purpose of updating ingress and egress to the Property, or for
any other reasonable purpose. Tenant shall retain access to the Property, but Tenant hereby
holds Landlord harmless for any other negative impacts, perceived or otherwise, due to
Landlord's use of the Property.
10. WHEN LANDLORD MAY ENTER Landlord, or Landlord's agents or
representatives, may peacefully enter the Residence, upon forty -eight (48) hours prior notice
during reasonable times for any reasonable purpose, provided Tenant is present. Landlord
reserves the right to enter the Residence without notice in case of emergency. Landlord reserves
the right to enter by other means if locks have been changed without Landlord's prior written
approval.
11. BROKERS Each party represents and warrants to the other party that in this
transaction it has dealt with no real estate brokers, and each party shall indemnify and hold
harmless the other party from all damages resulting from any claims that may be asserted against
the other party by any broker, finder, or other person, with whom the other party has or
purportedly has dealt.
12. WAIVER OF JURY TRIAL THE RESPECTIVE PARTIES HERETO WAIVE
TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY EITHER OF THE
PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE
RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF
SAID PROPERTY, AND ANY EMERGENCY STATUTORY OR ANY OTHER
STATUTORY REMEDY.
13. DEFAULT BY TENANT In the event Tenant is in default of any of the terms or
obligations of the Lease, violates and /or fails to comply with any of the covenants, terms, or
conditions of the Lease, or any applicable laws, rules or ordinances, said default shall constitute
grounds for termination of this Lease and/or eviction by Landlord and Landlord shall have all
rights and remedies available to it under the terms of this Lease and applicable law. Landlord
shall provide Tenant with a notice of such default, and Tenant shall have fifteen (15) days to cure
said default prior to lease termination. Tenant shall be and remain jointly and severally liable for
the obligations to perform hereunder and for any expense incidental to re- letting, cleaning costs
4
beyond normal wear and tear, trash removal, painting costs, utilities, or any other damages and
costs which Landlord has sustained by virtue of Tenant's use and occupancy of the Property
and /or default under this Lease.
14. LEAD BASED PAINT WARNING Housing built before 1978 may contain lead -
based paint. Lead from paint, paint chips and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and pregnant women. Tenant
acknowledges receipt of the federally approved pamphlet on lead poisoning prevention and has
been given the opportunity to read it prior to executing this Lease.
15. SMOKE DETECTORS Tenant acknowledges that there are smoke detectors in
the Property. Tenant also acknowledges that it is Tenant's responsibility to check the smoke
detectors and to replace the batteries as needed. Tenant shall not remove the batteries or
disable the smoke detectors. Tenant must promptly inform Landlord of any defects or
problems with smoke detectors.
16. END OF TERM: SURRENDER Upon the expiration or earlier termination of
this Lease, Tenant shall return the Tenant Property to Landlord in a good, clean and safe
condition, reasonable wear and tear and damage by casualty excepted. Tenant shall have the
right to remove his personal property from the Tenant's Property.
17. PROPERTY CONDITION UPON SURRENDER. Tenant shall, at the time of
vacating the Tenant's Property, remove all trash from the Tenant's Property. If the cleaning and
removal of trash is not accomplished by Tenant, Landlord shall perform such cleaning and trash
removal at Tenant's expense. Upon vacating the Property, Tenant shall deliver all keys to the
Tenant's Property to Landlord to at the address below:
City of Dublin
Attention: Marsha Grigsby, City Manager
5200 Emerald Parkway
Dublin, Ohio 43017
18. INVALIDITY In the event that any provision of this Lease shall be held to be
invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this
Lease.
19. GOVERNING LAWS This Lease is being executed and delivered in the State of
Ohio and shall be construed and enforced in accordance with the laws of the State of Ohio. For
all litigation, disputes and controversies which may arise out of or in connection with this Lease,
the undersigned hereby waive the right to trial by jury and consent to the jurisdiction of the
courts in the State of Ohio.
20. ENTIRE AGREEMENT This Lease constitutes the entire contract between the
parties hereto, and may not be modified except by an instrument in writing signed by the parties
hereto, and supersedes all previous agreements, written or oral, if any, of the parties.
5
21. TERMINATION RIGHTS Tenant shall have the right at any time during the
Term to terminate this Lease by providing written notice of the election to terminate to Landlord
(the "Termination Notice "). This Lease will terminate on the thirtieth (30 day after the date on
which the Termination Notice is received by Landlord and both parties shall be released from
any and all liabilities under this Lease accruing after such termination.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day first
above written.
LANDLORD: TENANT:
City of Dublin, Ohio,
an Ohio municipal corporation
C
Marsha Grigsby, City Manager John H. Kilbury
6
EXHIBIT A
LEGAL DESCRIPTION
FRANKLIN COUNTY TAX PARCEL NOS. 273 - 000049 & 270 - 000248
190 North High Street
Situated in the County of Franklin, State of Ohio and in the City of Dublin:
Being a part of Lot Number Five (5) of the partition of the Albert Chapman Estate Subdivision
as shown in Complete Record Volume 102, page 136, Franklin County, Ohio, Common Pleas
Court, situated in Virginia Military Survey No. 2542, described as follows:
Being that part of said Lot Number Five (5) lying south of a line established by projecting the
south boundary line of Lot Number Six (6) of the Partition of the Albert Chapman Estate in an
easterly direction S. 84' 33' E. across said Lot No. 5 to the eastern boundary line of said Lot No.
5, containing six (6) acres of land more or less.
Excepting from the above described real estate the following described tract of land:
Beginning at a spike in the center of the Dublin- Bellepoint Road, at the southwest corner of land
of Donna M. Frambes; thence with the south line of Frambes Land East, 538 ft. to the west bank
of the Scioto River, passing an iron pin on line at 31.9 ft. and another iron pin on like at 528 ft.;
thence Southerly, along the bank of the River 121 ft. to a point in a line 121 ft. south of and
parallel to the south line of the Donna Frambes' Land; thence with said line West, 542 ft. to a
point in the Dublin - Bellepoint Road, passing an iron pin on line at 10 ft. and another iron pin on
line at 510.1 ft.; thence N. 2' 50 W. along the Dublin - Bellepoint Road 121 ft. to the place of
beginning, containing 1 1/2 acres. (The aforesaid tract being that conveyed by Evelyn H. Schnee
and V.H. Schnee to D.M. McKirtick, filed for record July 6, 1949, recorded in D.B. 1504, Page
190, Recorder of Franklin County, Ohio.)
Parcel numbers: 270 - 000248 and 273 - 000049
Address: 190 North High Street, Dublin, Ohio
Prior Instrument Reference: D.B. 3548, page 475
John H. Kilbury
COLLibrary 0127206.0607929 506902v4
7
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