066-78 Ordinance
RECORD OF ORDINANCES
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National Graphics Corp" Cols., 0., ~ Form No. 2806-A I
. 66 78 I
P assed______.nnJUL.t__7:J91B.____nn_m_19 m__ n
Ordmance No .m.h_,__mu___mm
AN ORDINANCE TO ACCEPT A LEASE I
BID ON THE MUNICIPAL BUILDING 129S,
HIGH STREET, DUBLIN, OHIO; AUTHOR-
0 IZING THE VILLAGE ADMINISTRATOR I
TO ENTER INTO A LEASE AGREEMENT AND
DECLARING AN EMERGENCY.
WHEREAS, a lease bid has been received for the Municipal Building
129 S. High Street and
WHEREAS, Counc i I has determ i ned that the bid of ;Po..l"...,,.J ~,1ttt , I
the amount of $ ~ SO, ~ 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.
SECTION I. That the bid of J.LPJI-,,J I~"I for the lease of the
Municipal Building, 129 S. High Street, in the Vii lage of Dublin, I
Ohio, is hereby accepted.
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SECTION 2. That the Lease agreement, attached hereto, is hereby I
incorporated as an official part of this Ordinance. I
0 SECTION 3. That the Village Administrator be and he hereby is, ~
authorized and directed to execute said Lease Agreement i n the
name of the V i II age with the sa i d --.:1>...)(., L-I'" FI,(vl1
for the lease of the Municipal Building, 129 S. High Street,
Dublin, Ohio.
SECTION 4. That this Ordinance be and the same hereby is, de-
I clared to be an emergency measure necessary for the immediate
I preservations of the public peace, health and safety and for the
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 Passed th i s 117t4- day of~, 1978. I
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I ATTEST:
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I Clerk-Treasurer I
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L IE A S E A G R E E M E N I i
Vi Ilage of Dublin, Ohio
129 Sou~h High S~ree~
Dubl in, Ohio 43017
L! Auf. 19.JL,
THIS LEASE made and entered into ~his day of , by and
be~ween ~he undersigned Lessor and Lessee, wi~nesseth:
--.\1e Lessor, in consideration of the rents to be paid and the covenants and
, preement ~o be performed by the Lessee, has demised and Leased, and does
~reby demise and lease unto the Lessee the fol lowing described premises,
~itua~ed in the County of Franklin and the State of Ohio, and commonly
known as; 00 ])118/J~ l1uv;cifJt4L '(J~, TO HAVE AND TO HOLD the same, with
the appurtenances thereto be long i ng for the fu II term of I y'eAL , I
beflinning AJl~J)Jr / 197~ ' yielding and paying therefor during the I
said terms, the sum 6f $ .lS"'-~, payable in monthly installments of $ 35o,"~
each month, in advance at Dublin Municipal Building, 6665 Coffman Road,
Dubl in, Ohio 43017, or at any other place that the Lessor may from time to
~ime so designate.
AND LESSOR AND LESSEE AGREE AS FOLLOWS:
PAYMENTS: ( I ) Lessee agrees to pay the stipulated rent in
advance, and agrees further that the accept-
ance by the Lessor of rental payments after
the due date shall in no manner constitute a
waiver of Lessor's rights in the event of
Lessee's fai lure to make rental paymen~s as
herein prescribed and agreed, nor wi II it be
considered as a change in the date upon which
-, the Lessee is required to pay said rent.
LATE The rent is due the first of each month regard-
\-If PA YMENT: less of date of your occupancy. I f not pa i d
by the 10~h of the month, a ~ 5 . 00 late charge
shall be charged by Landlord and Tenant agrees
to pay said late charge upon demand therefor.
PAYMENTS (2) If the Lessee sha II fa i I to make any payment
OTHER THAN or fu If i I I any obligations other than payment
RENT: of rent, which Le ssee ha s incurred or is ob-
liged to make or pay hereunder, then the amount
thereof sha II be added to and be deemed a part
of any installments or rent then due or there-
after fal ling due and the Lessor sha II have the
same remedies in the premises that he has for
non-payment of rent.
OCC1IPANCY: (3) LesSGe a8rees that tho premises wi I I be used
for designated purposes only, JJf) I /,,; n.f1J H ,
that the premises wi I I not be used or allowed
1 to be used for any unlawful purposes, nor for
" any purposes deemed hazardous by the Lessor
~ or Lessor's insurance company because of fire
tv or ot he r risk; and the Lessee wi II conform with
and obey a II l<Jws, ordinances, ru Ie s, regulations
requirements and orders of al I governmental agen-
cies or ~ubdivisions 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
. ~ho opinion of ~ha Lassor may be detrimental to
I said bui Iding or to the comfort of other neigh-
boring tenants thereof.
Not to park his car or al low his friends ~ park
their cars on the lawns nor to drive across the
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RIGHT OF (4) Said lessor covenants and agrees wi l 11:.1\ i J
OCCUPANCY: lessee, that said lessee, p~ying the rents and
charges and observing and keeping the coven-
ants of this lease on lessee's part to be kept
sha II I awfu II 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- ' ,
r",ENT: let the premises without the written consent ,
WOND IT I ON of the lessor. I
OF PREMISES: (6) By the execution of this lease, the lessee
acknowledges that the premises are in a good
and satisfactory state of repair and finish,
that lessee has examined the said premises
prior to signing this lease and that no rep-
sentations as to the state of repairs thereof
have been made by the lessor or lessor's a-
gents which are not hercin 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 walls, ceilings, floors, woodwork, paint,
wa II paper, plastering, plumbing, pipes, fix-
tures, globes and glassware, and appurtenances
thereto In said demised premises, in a clean,
sightly and healthy condition, all at lessee's
n, own expense, and sha II deliver the same back
to tho lessor upon vacating the premises,
'-'" whether such vacating shal I occur by expira-
t i on of the lease or in any other manner what-
- in the same condition of cleanliness,
soever,
repair and sightliness as at the date of exe-
cut i on he....eof, reasonable usage or loss by fire
excepted where caused without fault on the part
of lessee.
DEPOSIT: . (7) lessee has deposited with the lessor the sum of
$ .so, 00 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 lesseo's tenancy. At the termin-
ation of this lease, the deposit wi I I 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-
r\ ation of the premises and any other amounts due,
the lessor, provided However~ that lessee had
'\J occupied the premises for ____ months or more; if
less than ~ months, the entire security deposit
may be retained by lessor, at its opt i on , as part
of the li'quidated damages.
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LIAR IlITY: (8) lessor sha II not be liable to lessee for any'dam-
I ages to lessee or lessee's fami Iy, or property
1 resulting from any condition or stato of repair or
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I the premises and shal I not be liable for any injury
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1 done or occasioned by wind or by or from any defect
of plumbing, electric wiring or of the i n st a I I at i on
thereof, . water pipes, or from ,broken
gas pipes,
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sta i rs or steps, porches, railings, .
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from the backing up of any sewer pipe or clown-
spout, or from the bursting, leaking or run-
ning of any tank, tub, washstand, water closet
or waste pipe, drain or any other pipe or tank
In, upon or about said bui Iding or premises,
nor for any damage or injury occasioned by
water, snow or ice being upon or coming through
the roof, upon the walks, steps, or any other
n place upon or near said premises, nor for any
damage or injury done or occasioned by the fal-
~ ling of any fixture, plaster, or damage caused
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
same building or of adjoining or contiguous
- buildings, or of Lessor's agents or Lessor it-
self, a II claims for any such damage or injury
being hereby exp~essJy waived.
WAIVER: (9 ) It is further covenanted and agreed by and be-
t\oJeen the Lessor and Lessee that no waiver
of any condition or covenant in this 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 shall the accept-
ance of rent by the Lessor at a time when the
Lessee IS in default under any covenant of condi~
tion be construed as a waiver of such default.
LYACATING (10) Upon the termination of the Lease, Lessee sha II
~REM ISES: yield immediate possession to Lessor and return
the keys for said premises to Lessor at the add-
ress herein before stated for the payment of rents
and, upon failing to do so, Lessee sha II pay as
liquidated damages therefor, a sum equal 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 th is Lease, nor
shall any other act in appar'ent affirmance of ten-
ancy operate as a waiver of the right to ter.minate
the Lease.
CARE AND
I NSPECT I ON ( II) Lessee agrees to keep the premises in a clean
wholesome condition, to remove snow from al I side-
wa I k s, to properly care for al I shrubs, trees,
I awn s, and other planting; that the Lessor and
Lessee's agents, employees and representatives may
(l inspect the premises at all or any reasonable time
and may post "For Rent" or "For Sale" signs on the
\ "pemi ses, and may exhibit the premises to prospec-
'\J. 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-
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tal rubbish container, and that no fences,trillises
or barricades will 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 anyt~County,
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then in- an.y .such event, 1:h is LCli ,. " , -
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minated at the option of lessor wh ii',:. :_.'j ,i. con-
dition exists, and the rights of lessct~ he i'C-
under sha II thereupon cease and terminate and
lessor may enter upon said premises and again
have, repossess and enjoy the same as if th i s
lease had not been made. Thereupon; thi s Lease
and everything herein contained on the part of
Lessor to be performed shal I cease and termin-
ate without prejudice, however, to Lessor's
11 rights of action for breach of covenant against
the Lessee. In the event of any such default
U 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- i
. tained and the rent hereinbefore reserved.
The commencement of a proceeding or suit in
forcible entry and detainer or in ejectment, or
otherwise, sha II be equivalent in every respect
to actua I entry by lessor. .
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 all reasonable legal
fees which the landlord incurs as a result there-
of.
APPLlCAT I ON ( 14) The lessee understands and agrees that the Lessor
AS INDlJCE- 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
and agrees, that in the event that any of the rep-
\J 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. Shou Id
. 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 "Lessor" and "Lessee" used herein sha II
T IONS: include the,plural thereof, and tl--e 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.
~ (17) Articles of this Lease
GAPT IONS: The captions of the several
\rJ are not part of the context thereof, sha II be ignored
in construing 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.
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Tenant agrees to give land lord at Ie \.l ~J ~ "" I j'ty
(30) days written notice of Tenant's il'l:~elrti9n
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 i
deemed to be pormission granted to the land- i
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lord to enter and show the leased premises I
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~ at reasonable hours to prospective tenants i
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for the purpose of re-rcnting said Premises. t
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I} The thirty (S~ day notice requirement also !
applies to those continuing to occupy the \
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Premises on a month to month basis.
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OCCUPANCY ( 19) If the lessee continues to occupy the Premises )
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AFTER after the expiration date of ori~inal lease
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EXPIRATION: and does not request a new lease or is not I
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requested by lessor to execute new Leaso, it I
will be on a month to month basis. A II of
the conditions of Paragraphs I, 2, '3, 3, 5,
6, 7, 8, 9, 10, 11,,12, 13, 14, 15, 16, 17,
18 in the original lease will automat i ca II y
become conditions of this month to month
Agreement.
The Application which Tenant completed . .'
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attached hereto and is made a part of this
lease.
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"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: . " i
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lh\~NER : Vi Ilape of Dubl in OWNERS AGENT: Sherman Sheldon
6665 Coffman Road Vi llage Administrator
Dubl in, Ohio 43017
IN \~ITNESS \~IIEREOF, the parties have executed this Lease as of the day and
year first written above: - ..
,I lAND lORD:
\~ i tnessed by: ::'Id{~b:'.4g~
~ ~9',,~ AGE NT '
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i \ TENANT "
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