27-82 Ordinance
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RKORD/'.':ORDINANCES'; 481,
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NaUonal Graphics Corp" Cols" o. , ~ Form No, 2808-A
Ordinance No.____Z_1=_S_~_ p assedm_________um_m_---m---m-__-----m-----19 .-------
AN ORDINANCE TO ENTER INTO A LEASE AGREEMENT WITH
THE DUBLIN HISTORICAL SOCIETY, INC. FOR THE LEASE
Of PREMISES OF IDA COFFMAN, SUBJECT TO THE RIGHTS
OF SAID IDA COFFMAN UNDER HER LIFE ESTATE.
WHEREAS, it is the desire of the Dublin Village Council to enter into said
Lease Agreement:
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State
of Ohio, Ie, of the elected members concurring:
SECTION 1. That said Lease Agreement hereto attached as Exhibit "A" and made
an official part of this Ordinance, is hereby approved and accepted and the
Village Manager is hereby authorized to enter into said agreement on behalf
of the Village.
SECTION 2. That this Ordinance shall take effect and be in force from and
after the earliest period allowed by law.
,
, ' 1982
ATTEST:
Jp~~ l7J. .J.-'J3U.l
Clerk of Co cil -
Sponsor: Village Manager
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LEASE AGREEMENT
This is a:s:eement of lease entered into on or as of the.
4J$'t' day of ~f1 ' 1982, by and between the VILLAGE
I OF DUBLIN, whose ma 1 ng address is 6665 Coffman Road, Dublin,
Ohio 43017 ("Dublin"), and THE DUBLIN HISTORICAL SOCIETY, INC.,
whose mailing address is P.O. Box 164, Dublin, Ohio 43017 (the
. "Society").
Background
A. Dublin is the owner of that tract of land situated in
the Village of Dublin, Washington Township, Franklin County, Ohio,
described in "Attachment A" and shown on "Attachment 8" hereto,
each of which is hereby made a part hereof, and all improvements
thereto, hereinafter referred to as "the Premises".
B. The Premises is subject to a life estate to Ida Coffman
created by a warranty deed from Industrial Nucleonics Corporation
recorded in Deed Book 2782, page 344, Recorder's Office, Franklin
County, Oh io.
C. The Society is an entity organized for charitable, edu-
cational, and/or scientific purposes, and, more parti-eularly, its
purposes are to discover, collect, preserve, restore and display
historical artifacts, materials and structures relevant to the
I history of Dublin, Ohio and surrounding areas.
D. The Premises is an historic site that the Society desires
. to lease from Dublin to restore and utilize for the aforesaid pur-
poses, subject, of course, to the rights of Ida Coffman under her
life estate.
Aqreements
NOW THEREFORE, Dublin hereby 'leases the Premises to the
Society, and the Society hereby leases the Premises from Dublin,
on the following terms and conditions:
Sl. Lease Subject to Life Estate. Notwithstanding any other
provision hereof, except as specifically provided otherwise herein,
all rights and Obligations of each party pursuant hereto are ex-
pressly subject and subordinate to the rights of Ida Coffman in,
to, and with respect to the Premises under her life estate in the
same.
S2. Term and Renewals. The term of this lease shall be for
a period of 40 years, commencing on the date of this lease and
terminating on the preceding day of the same month 40 years from
I. the commencement date, unless renewed as hereinafter provided.
So long as the Society is not in default hereunder, it shall
have the right, in perpetuity, to renew this lease for additional
renewal terms of 10 years each on the same terms, covenants and
conditions as the initial term of this lease, provided, however,
that Dublin shall have the right, if it determines that it is in
the best interests of Dublin to use the Premises for some munici-
pal purposes, to terminate this lease at the end of the term hereof,
or of apy renewal thereof, by giving written notice to the Society
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of such termination one year or more prior to the expiration of
the initial term of this lease, or of any renewal term.
Notwithstanding anything contained herein, this lease, and
any renewals thereof, shall immediately cease and terminate, in
the event the Society, or its successor, (a) ceases to exist or
I operate as an entity organized primarily for charitable, educa-
tional, and/or scientific purposes, and, more particulatly, for
the purposes of discovering, collecting, preserving, restoring
and displaying historic sites, structures, artifacts and other
materials relevant to the history of Dublin and surrounding
areas, or (b) ceases to utilize the Premises for such purposes.
S3. Rent. The Society shall pay no rent during the term of
this lease-or-any renewal thereof. However, the society, in con-
sideration for the lease, agrees to operate the Premise. for the
above-described purposes, and further agrees to abide by all terms
and conditions herein.
54. Taxes, Assessments, and Similar Charges.
(a) Except to the extent of Ida Coffman's obli-
gations pursuant to her life estate, during the term
of this lease and any renewal thereof, the Society
shall pay, when due, to the public officers charged
with the collection thereof, all real estate taxes,
if any, and installments of special assessments, if
any, becoming due during the term hereof, and all
water and sewer rents, licenses, permit fees, govern-
mental impositions and other like charges arising with
I respect to any period during which this lease is in
effect1 provided, however, (i) since it is believed
that the Premises, or part thereof, may in the future
be exempt from real estate taxes, the Society is fully
authorized to file any document in connection with such
a claimed exemption, and Dublin agrees to cooperate in
these efforts, and (ii) Dublin will cooperate with any
reasonable efforts the Society may make with respect to
any election available and desired by the Society to pay
the same in installments.
( b) The Society shall have the duty of attending
to, making and filing any statement, report or other
document which may be required by law as the basis of
payment of any of the taxes or other charges payable
by it as herein provided, or in connection with the
determination, equalization or reduction thereof.
( c) The Society shall save harmless Dublin from
all such taxes, installments of assessments or other
charges, and liens or penalties, and shall furnish to
Dublin duly certified written evidence of any and all
such payments upon Dublin's written request therefor.
(d) Dublin shall promptly submit to the Society
I bills received by it for such charges and promptly
forward to the Society any notices, demands, arid com-
munications received by it that relate to any of such
charges.
(e) Anything contained herein to the contrary
notwithstanding, the Society shall not be required
to pay, discharge or remove any taxes, assessments,
charges, liens or penalties against the Premises, or
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any part thereof, which it may deem illegal or exces-
sive, or to pay any judgment rendered therefor so
long as the Society shall, at its own expense, in
good faith, contest the same or the validity thereof
by proper proceedings which shall operate to prevent
the collection of the tax, assessment, charge, lien
or penalty so contested~ or any part thereof, to sat-
I isfy the same, and if requested by Dublin, the Society
shall furnish to Dublin imdemnity in form and amount.
satisfactory to Dublin against any loss or damage by
reason of the Society's failure to pay the same and
against any loss or damage occasioned by such contest,
and attending any such legal proceeding. In any such
case, the Society shall fully protect and preserve the
title and rights of Dublin as well as the Society's
leasehold interest.
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55. Use of Premises. The Society shall use the Premises
only for such uses as are compatible with its aforesaid purposes,
and for no other purposes. The Society shall not.make any use of
the Premises which would be in conflict with the provisions of any
applicable rule, regulation, or law of any governmental agency,
nor shall the Premises be used in any manner which would invali-
date any insurance coverage thereon.
56. Repairs, Maintenance, and Renovations. The Society
shall, throughout the term of this lease and any renewal thereof,
and, except as specifically otherwise hereinafter provided, at
its sole cost and expense, take good care of and maintain in good
order the Premises, provided, however, Dublin agrees to provide
yard mowing for the Premises as part of its normal and regular
I yard maintenance program for its municipal building complex.
The Society, at its own cost and expense, shall promptly make
all necessary repairs to the Premises, including all appurtenances
and structures thereon, ordinary wear and tear excepted, subject,
however, to the Society's obtaining the prior approval of Ida
coffman to the making of repairs to the residence now on and a
part of the Premises. Dublin shall bave no obligation to repair
or maintain any improvements on the Premises. The Society shall
have the right to make changes and renovations to the Premises,
provided that such changes further the aforesaid purposes for
which the Premises may be used, and provided, further, that such
changes or renovations are approved by Dublin's Council.
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57. Utilities. The Society shall be solely responsible for
and promptly pay all utilities, including, but not limited to,
heat, water, gas, electricity, sewer use, trash disposal or any
other utility used or consumed in the Premises, except, during the
continuation of Ida Coffman's life estate, those furnished to her.
58. Insurance.
( a) Except to the extent such insurance is pro-
vided by Ida Coffman during the term of her life estate
the Society shall, at its sole cost and expense, obtain
I and maintain fire and extended coverage insurance on any
and all structures located on the Premises, and appurte-
nances thereto, including any structures or appurtenances
~hich may hereafter be erected, and utilize the proceeds
thereof to rebuild or restore the improvements on the
premises.
( b) The Society shall, throughout the term of this
lease and any renewals thereof, at its own cost and ex-
pense, obtain and maintain public liability insurance,
**----- To delineate the fact that in the event that a disagreement arises as
to the direction of the Village Manager to commence with repairs/maintenance
to the facility, that such disagreement shall be decided by a majority vote
of Dublin Village Council. -3-
(amendment - June 21, 1982)
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covering both Dublin and the Society against liability
or damage to all persons or property while in or on the
Premises, the entranceways thereto, and sidewalks, park-
ing facilities and streets abutting thereon, with limits
of not less,than $500,000 for injury to one person, not
less than, $1,000,000 for each occurrence, and not less
than $50,000 for damage to property, or such other limits,
I from time to time, as Dublin lIay deem reasonably necessary
and in accord with customary practices with regard to such
insurable risks.
( c) Each policy of insurance obtained by the
Society pursuant to any of the provision's hereof shall
contain an agreement by the insurer that such pol icy'
shall not be cancelled without at least ten-days prior
written notice to Dublin. The Society shall cause cer-
tificates of insurance requ,ired hereunder to be provided
to Dublin and, at Dublin's request, proof of premium
payments.
59. Indemnification. The Society shall, without cost or
expense to Dublin, indemnify and save Dublin and its lawful repre-
sentatives, employees and agents, harmless from all loss, cost or
expense arising by reason of its use of .the Premises, or, by reason
of the acts with respect to the Premises of any officer, trustee,
employee, agent, licensee or invitee of the Society.
SlOe Entry by Lessor. Subject to the rights of Ida Coffman
under her life estate, Dublin and its duly authorized representa-
tives shall have the right to enter the Premises at all reasonable
times for the purposes of inspecting the condition of the same and
I making such repairs, alterations, additions, or improvements there-
to as it may deem necessary or desirable (but Dublin shall have no
duty to make any such repairs, alteratians, additions, or improve-
ments), provided, however, in no event shall Dublin unreasonably
interfere with the Society's use of the Premises.
Sll. Enjoyment Without MOlestation. Except as otherwise
provided, if the Society observes the terms, covenants, and con-
ditions hereof, it shall occupy and enjoy the use of the Premises
during the term of this lease and any renewal thereof without any
hindrance, molestation, or ejection by Dublin.
S12. Default. If the Society fails to maintain in full force
and effect any insurance required by the terms hereof, or if the
Society fails to observe and perform any other provision, covenant,
or condition of this lease required under this lease to be observed
and performed by the Society, provided, that if by reason of the
nature thereof, the Society cannot commence promptly and proceed
diligently to observe and perform the same with due diligence,
as promptly as circumstances permit, or if the Society abandons
or vacates the Premises, or any part thereof, during the term of
this lease or any renewal thereof, or if the Society makes an
assignment with its creditors, or if the interest of the Society
in the Premises is attached, levied upon or seized by legal pro-
cess, or if a bankruptcy or insolvency proceeding is filed by or
I against the Society, or if a court of competent juriSdiction or
other governmental authority approves petitions seeking reorgani-
zation, arrangement, composition, or similar relief with respect
to the Society, or appoints a trustee, receiver, or liquidator of
the Society, or of all, or substantially all, of its property or
affairs, or assumes custody or control of all, or substantially
all, of the property or affairs of the Society, or if this lease
is assigned in violation of the terms hereof or is terminated by
operation of law, or if the Society ceases to operate for the
aforesaid purposes, then and in such event, immediately or at any
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time ther..fter, at the option of Dublin, Dublin shall have the
right to immediately re-enter and take p.ossession of the Premises
. and declare this leas. terminated, after which tiJUe, all obliga-
tions of both Dubli,n and the society with respect to each other
and the Premises shall immediately cease.
513. Notices. Any notice, demand, request, or other instru-
ment which may be or is required to be given under this lease shall
be delivered in person or sent by United States ordinary mail, pos-
I tage prepaid, and shall be addressed to the respective parties at
the addresses first hereinabove provided.
514. Assignments and Subleases. The Society shall not assign
this lease, in whole or in part, nor sublet all or any part of the
Premises, without the prior written consent of Dublin in each in-
stance.
515. Entire.A9reement. This instrument contains the entire
agreement between the parties, supersedes any and all prior agree-
ments between them, and shall not be modified or amended except by
a writing subscribed by both.
IN WITNESS WHEREOF, the parties have caused duplicate counter-
parts hereof to be duly executed and delivered on or as of the day
and year first written above.
Signed and acknowledged
in the presence of: VILLAGE OF DUBLIN
~~1 <;i7J U~JlI Q By
I ~+I}t0:f~* 21ft.)
THE DUBLIN HISTORICAL SOCIETY
~l~ ~1.~V\.t)p i B~~I~
~ltrtYl~'WR)Y
STATE OF OHIO
COUNTY OF FRANKLIN, SS:
The foregoing instrument was aCkn~t be~me this .x.''''^--
day of ~"t/ y , 1982, by t 4N ; ~k) ,
of the Vl age of Dublin, an Ohio mun c pal ty, on behalf of sald
Village.
~.o.l-lh ~~,,~ j)
I Notary Pub 1C -
STATE OF OHIO NANETTE P. TR1SSEL
COUNTY OF FRANKLIN, SS: NOTARY PUBl.lC, STATE OF OHIO
MY COMMISSION ExPlAES JULY 15. 1985
The fore oing instrument was aCknO~edged before me this ~~
day of , 1982, by I)~.{"" /17_ ~A~ '
of The Du n H stor cal Society, Inc., an 0 10 corporat on not-
for-profit, on behalf of the corporation.
Notary Public
NANETTE P. TRISSEL
NOTARV PUBLIC. STATE OF OHIO
MY COMMISSION EXPIRES JUL'f 16.1985
This instrument prepared by Richard L. Loveland, attorney at law,
50 West Broad Street, Columbus, Ohio 43215.
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ATTACHMENT A
Being situated in the State of Ohio, County of Franklin, Town-
ship of Washington, VirgiQia Military Survey Number 2542 and
I being a part of a 16.74 acre tract deeded to Ida Coffman Et
ale in Deed Book 1004, Page 461 and Deed Book 2143, Page 279,
Recorder's Office, Franklin County, Ohio, and being more parti-
cularly described as follows:
Commencing at a nail at the southeasterly corner of said 16.74
acre tract and at the intersection of the centerline of Coffman
Road with the centerline of Post Road, the centerline of said
Coffman Road is shown in aoad Record 13, Page 17 and on Sheets
3 and 4 of the 1926 Coffman Road Improvement plan Tube 506,
Franklin County Engineer's Office and the centerline of said
Post Road is shown on Sheet 6 of the 1924 Right-of-Way Plan
I.C.H. 48, Section R, State of Ohio Highway Department, Division
Six, Delaware, Ohio;
thence North 70 degrees 21 minutes East along the centerline of
said Coffman Road, passing a nail on line at centerline station
12 plus 10.15 of Post Road Relocated at 5.66 feet the centerline
of said Post Road Relocated is shown on Sheet 268 of Right-of-
Way Plan FRA-270-7.47 N, State of Ohio Highway Department, Divi-
sion Six, Delaware, Ohio, a total distance of 328.40 feet to a
spike and the true point of beginning of this description;
thence North 70 degrees 31 minutes West across said 16.74 acre
,I tract passing an iron pin on line at 22.5 feet, a total distance
of 145.00 feet to an iron pin;
thence North 44 degrees 24 minutes West, a distance of 76.15
feet to an iron pin;
thence North 66 degrees 07 minutes West, a distance of 130.40
feet to an iron pin;
thence North 20 degrees 23 minutes East and parallel to the
centerline of said Coffman Road, a distance of 166.50 feet to
an iron pin;
thence South 70 degrees 31 minutes East, a distance of 90.00
feet to an iron pin;
thence South 20 degrees 23 minutes West parallel to the center-
line of said Coffman Road, a distance of 40.00 feet to an iron
pin;
thence South 70 degrees 31 minutes East, passing an iron pin on
line at 230.00 feet, a total distance of 254.00 feet to a spike
in the centerline of said Coffman Road, and in the easterly line
of said 16.74 acre tract, said ~ast described spike bears South
20 degrees 23 minutes West along the centerline of said Coffman
I Road, a distance of 1,076.76 feet from an angle point in the
centerline of said Coffman Road;
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thence South 20 degrees 23 minutes West along the centerline of
said Coffman Road and along the easterly line of said 16.74 acre
tract, a distance of l7~.00 feet to the place of beginning, con-
taining 1.284 acres, subject however to all legal highways and
easements and restrictions of record and ot records in respective
utility offices.
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ATTACHMENT B , ;' ',". .
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