039-90 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance No. J9.-.90. Passed._ m mnm mm__m nnmn19uu _
AN ORDINANCE TO AUTHORIZE
THE MANAGER TO ENTER INTO
A LEASE AGREEMENT FOR
ADDITIONAL SPACE LOCATED
AT 5131 POST ROAD,
DUBLIN, OHIO, AND
DECLARING AN EMERGENCY
WHEREAS, the Administrative Staff of the City of Dublin requires
additional office space for the Department of Development staff;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 7 of the elected members concurring;
Section 1. That the City Manager of the City of Dublin be authorized to
enter into a Lease Agreement (Exhibit A) for space located at 5131 Post
Road, Dublin, Ohio.
Section 2. That there be appropriated from the unappropriated balance
in the GENERAL FUND for Other Expenses in the Department of Development
the sum of $40,000.00.
Section 3. That this Ordinance is hereby declared to be an emergency
measure necessary for the preservation of the public peace, health and
safety and therefore this Ordinance shall take effect and be in force
immediately upon its passage.
Passed this 21st day of May 1990.
,
1 ~ereby certify that copies or this Ord:nonce!~,ss!!Jtle.. ware Ilosted in (
Attest: City of Dublin in accordance w:th Section 731.25 of the 01i;0 Revised CodE
/J
/l J~~~
JALhL(h? ~. 'Z~ Clerk of Counei , Dublin, Ohio
Clerk of Coun il
Sponsor: Director of Development
~.
LEASE AGREEMENT
EXECUTED BY AND BETWEEN
SCHERER COMPANIES - LESSOR
AND
CITY OF DUBLIN - LESSEE
DATED: MAY -, 1990
{)rd. 3q.c;O
TABLE OF CONTENTS
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Rec ita 1 s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I. De f ini tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. Term.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Base Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4 . Operating, Maintenance, Taxes, and Other Expenses...... 3
5. Budget for Operating, Maintenance, Taxes, and
Other Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Construction and Completion of Premises. . . . . . . . . . . . . . . . 5
7. Assignment by Lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. Services.............................................. . 6
9. Quiet Enj oyment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. certain Rights Reserved to the Landlord. . . . . . . . . . . . . . . . 8
II. Estoppel certificates..............;.................. . 9
12. Waiver of certain Claims and Indemnification........... 9
13. Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14. Holding Over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15. Assignment and Subletting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16. Condition of Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17. Use of Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18. Repa i rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19. Untenab i 1 i ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20. Eminent Doma in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2I. Lessor's Remed i es. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
TABLE OF CONTENTS CONTINUED
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22. Subordination of Lease............................ 16
23. Notices and Consents.............................. 17
24. No Estate in Land................................. 17
25. Invalidity of Particular Provisions............... 17
26. Miscellaneous Taxes............................... 18
27. Brokerage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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28. Special stipulations.............................. 18
29. Security Deposit.................................. ^ 20
30. Lessor's and Lessee's Work........................ 20
LEASE AGREEMENT
By this Lease Agreement (hereafter sometimes referred to as the
"Lease") dated this day of Mav, 1990, by and between Scherer
Companies, a corporation organized under the laws of the State of Delaware
(hereafter referred to as the "Lessor") and the City of Dublin, (hereafter
referred to as the "Lessee"), Lessor hereby Leases unto Lessee, and Lessee
accepts and Leases from Lessor the Premises as hereinafter described for
the term, the rent, and subject to the conditions and covenants
hereinafter provided.
In consideration thereof the parties covenant and agree as follows:
1- DEFINITIONS
Unless the context otherwise specifies or requires, the following
terms shall have the meanings herein specified;
(a) The term "Real Property" shall mean the real estate commonly
known as 5131 Post Road, Dublin, Ohio.
(b) The term "Building" shall mean a three (3) story office
building containing approximately forty-six thousand two hundred
sixty-seven (46,267) square feet of leasable space, more or less.
(c) The term "Premises" ,shall mean those portion~of the
Building outlined in red in the diagram attached hereto and
marked as Exhibit "A". The Premises contains two (~ separate
office suites containinq five thousand four hundre~nJ!1,ety=-j;:~_2
(5,492) sguare feet of space (IlSuite 105") and two thousand seven
hundred e1ghty (2,780) square feet of space (IlSuite 120")
respectively.
(d) The term "Common Area" shall mean all areas, space,
improvements and facilities in or near the Building provided by
Lessor for the common or joint use and benefit of the occupants
of the Building, their officers, agents, employees, servants, and
invitees, including, but not limited to, all parking areas,
access roads, driveways, entrances, exits, sidewalks, loading
docks, ramps, corridors, halls, restrooms, lobbies, stairs,
elevators, and landscaped areas.
(e) The term "Real Estate, Taxes and Assessments" shall mean the
following: ( i) all real estate taxes, including state
e~alization factor, if any, payable (adjusted after protest or
11tigation, if any) for any part of the term of this Lease,
exclusive of penalties or discounts, on the Real Property and
the Building; (ii) any taxes which shall be levied in lieu of
such taxes on the gross rentals of the Real Pro~erty and the
Building which shall be required to be ~aid dur1ng the calendar
year with respect to which taxes are be1ng assessed; and
(iv) the expenses of contesting the amount of validity of any
such taxes, charges or assessments, such expense to be applicable
to the period for the item contested.
2. TERM
The term of this Lease shall commence on the ( ) day
of May, 1990 (hereafter referred to as the "Commencement
Date"), and unless sooner terminated, shall end on _ day of
~ 1993, (hereafter referred to as the "Expiration Date")
or a term of three (3) years, zero (0) months. Lessor shall
give possession of the Premises to Lessee on the Commencement
Date. In the event the Premises are not available for occupancy
on such date, this Lease shall not be void, or voidable, nor
shall Lessor be liable to Lessee for any damages resulting
therefrom, and provided the delay is not occasioned by acts or
omissions of the Lessee, the Base Rent, and Operating,
Maintenance, Taxes and Other Expenses, as hereafter provided,
shall be waived and abated for the period between the
Commencement Date and the date the Premises are available for
occupancy, and the Expiration Date shall be extended by the time
period necessary to assure that the term shall be for the period
described above.
Lessee, subject to 180 days written notice, may cancel the
contract at the end of the second full year under the following
circumstances:
1) Movement by the city into any other building owned by the
city.
2) Movement by the city into their own new office building.^
3. BASE RENT
The Lessee shall pay to the Lessor as Base Rent, in legal tender
at the building manager's address at 5131 Post Road, Dublin,
Ohio 43017, or such other address as may be designated by Lessor
the sum of:
Months 1 - 12 - $3,127.50jmo. ($13.50 s.f.)
Months 13 - 24 - $3,243.33jmo. ($14.00 s.f.)
Months 25 - 36 - $3,359.16jmo. ($14.50 s.f.)
promptly on the first of every calendar month of the term,
beginning on the Commencement Date, unless the Premises are not
available for occupancy on such date, in which case the first
payment shall be due and payable 'upon the date the Premises are
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available for occupancy and shall be prorated, in advance for
such partial month.
The base rent is a full service rate that includes the annual
equivalent of $4.00 per square foot to be allocated toward
operating, maintenance, taxes and other expenses as defined in
section 4. Should expenses exceed $4.00 per square foot, the
Lessee will be assessed for their pro rata share of the overage
amount.
The Base Rent shall be payable without demand, the same being
hereby waived, and without any set off or deduction whatsoever.
4. OPERATING, MAINTENANCE, TAXES AND OTHER EXPENSES
In addition to the Base Rent specified in Section Three (3)
above, Lessee agrees to pay its proportionate share of
$4.00 per square foot as hereinafter defined.
The amount of Lessee's proportionate share of Operating,
Maintenance, Taxes and other Expenses as described within this
section shall be [eleven and nine-tenths percent (11.9%)] of the
total Operating, Maintenance, Taxes and other Expenses as
hereafter described. This percentage has been determined by
taking the number of square feet contained within the Premises as
hereinabove described, and dividing the same by total rentable
square feet contained within the Building.
Operating, Maintenance, Taxes and Other Expenses are defined as'
expenses incurred by a reasonable and prudent operator of an
investment office building in Columbus, Ohio, and shall include
but not be limited to the following:
All costs incurred in connection with the operation, inspection
and servicing of the Building and Real Property, including
outside maintenance contracts, servicing of the elevators,
electrical, plumbing, heating, air conditioning and
mechanical equipment and the cost of materials, supplies, tools,
and equipment used in connection therewith; costs of utilities,
including but not limited to electricitr, steam, gas, and fuel:
all expenses and costs necessary or deslrable to maintain the
Building and the Real Propertr in a good and workmanlike
condition: premiums paid for lnsurance, including but not
limited to, boiler, flood, water damage, fire and extended
coverage, liability, rental interruptlon,^health, accident^
insurance: water and sewer charges: license, permit and
inspection fees:~cost of wages and salaries of operating
personnel, inclu ing payroll taxes, federal and state employment,
and social security taxes, welfare, retirement, vacation and
other compensation and fringe benefits; management fees; auditors
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fees~and other materials and expenses required for routine
mana~~ment and operation of the Buildin9 and Real Property;
repa1rs to and maintenance of the Build1ng and Real Property;
capital and other improvements to the Building and Real Property;
Real Estate Taxes, and Assessments, as defined in section One
(1), Paragraph (e); personal property taxes; cost of tools and
equipment; any such other costs or expenses normally associated
with the operation and maintenance of an investment office
building.
All of the Operating, Maintenance, Taxes and Other Expenses shall
be determined on an accrual basis, and during any lease year,
calendar year, or portion thereof in which less than Ninet~-five
Percent (95%) of the total rentable space of the Building 1S not
leased, Lessor may adjust the operating, Maintenance, Taxes and
Other Expenses for that lease year, calendar year or portion
thereof to reflect what the Operating, Maintenance, Taxes and
Other Expenses would 'have been had the building been fully
leased. The payment of the Lessee's proportionate share of
operating, Maintenance, Taxes and Other Expenses shall be
considered as Additional Rent, and shall be paid in accordance
with section Five (5) entitled Budget for operating, Maintenance,
Taxes and Other Expenses.
5. BUDGET FOR OPERATING. MAINTENANCE. TAXES AND OTHER EXPENSES
Relative to the payment of Lessee's proportionate share of
operating, Maintenance, Taxes and Other Expenses, the Lessor
shall provide prior to the Commencement Date ,an estimate, upon
review of all reasonably ascertainable information, of its total
projected costs for the same for the next ensuing year or'the
remaining portion of the existing calendar year as Lessor shall
determine. Lessor shall thereafter provide to Lessee a statement
indicating the same, and the Lessee's proportionate share of the
same, and the Lessee's respective monthly contribution of the
same.
Lessee shall thereafter pay in advance, on the first day of every
calendar month of the term, without demand, the same being hereby
waived, and without any set off or deduction whatsoever, and in
accordance with all the terms and conditions relative to the
payment of Base Rent, its monthly contribution as so projected.
These sums are sometimes herein referred to as Additional Rent.
Lessor shall upon completion of each Lease year or calendar year
as Lessor shall determine, diligently prepare an accounting of
the actual costs1incurred relative to the same including the
Lessee's proport1onate share of such actual costs. Lessor shall
provide such an accounting to Lessee upon completion of the same.
Thereafter, Lessee may upon reasonable notice and during normal
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business hours, review the books and records of the Lessor as
they relate to such estimates and/or accountings, and Lessee may,
upon payment of any costs associated therewith, obtain copies of
the same.
with respect to Lessee's proportionate share, upon determination
of the actual costs incurred as set forth above, if such actual
costs incurred by Lessor exceed the actual amounts paid by Lessee
pursuant to the estimated payments as described above, Lessee
shall promptly pay over unto Lessor an amount equal to the
difference between the actual costs incurred br Lessor, and the
actual amount paid by Lessee relative to such 1tems. In the
event the actual amount paid by Lessee exceeded the actual costs
incurred by Lessor, Lessee may if Lessee is not otherwise in
default of any of the terms and conditions of this Lease
requiring payment of monies (i.e. Base Rent, or Additional
Rent), at Lessee's option, elect to receive prompt reimbursement
of the difference between the amount actually paid by Lessee and
the actual costs incurred by Lessor, or Lessee may elect to apply
the difference as a credit toward Additional Rent next due and
~ayable. In no case shall Lessor be required to pay Lessee
1nterest on any over payment by Lessee pursuant to this plan.
6. CONSTRUCTION AND COMPLETION OF THE PREMISES
Lessor agrees to complete the construction of the Building and
Premises upon the Real Property. In the event the Lessor shall
be delared or hindered or prevented in the performance of any
obligat1ons required under the Lease by reasons of strike,
lockouts, inability to procure labor or materials, failure of
power, fire or other acts of God, restrictive governmental laws
or regulations, riots, insurrection, war or any other reason not
within the reasonable control of Lessor, then the performance of
such obligations shall be excused for the period of such delay
and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay.
7. ASSIGNMENT BY LESSOR
Lessor may sell, assign, transfer, or conver its interest in this
Lease or the Real Property, Premises, or BU11ding at any time at
its sole and absolute discretion. If Lessor shall sell, assign,
transfer or convey the Real Property, Building, or Premises, such
sale shall be subject to this Lease, and Lessee shall look to the
assignee or transferee of Lessor's interest in this Lease for the
performance of Lessor's obligations hereunder, and the Lessor
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shall from and after such assignment or transfer be relieved and
discharged from any and all liabilities and obligations under
this Lease. Lessor shall send notice to Lessee of any sale,
assignment, transfer or conveyance prior to the date that the
next Base Rent and/or Additional Rent shall be due.
8. SERVICES
As lon9 as Lessee is not in default under any of the covenants or
provislons of this Lease, Lessor shall maintain the Premises and
the Common Areas, in good order and condition except for damage
occasioned by the act of Lessee, its employees, agents or
invitees, and Lessor shall also provide the following services
during reasonable and usual business hours for the term of this
Lease and any renewal thereof as follows:
(a) Air conditioning and heat for normal purposes, to provide in
Lessor's judgment, comfortable occupance Monday through Friday
from 8:00 a.m. to 9:00 p.m. and Saturday from 8:00 a.m. to
1:00 p.m., Sundays and holida~s excepted. Lessee agrees not to
use any apparatus or device, ln or upon or about the Premises
which would substantially increase the amount of such services
usually furnished or supplied to tenants in the Building, and
Lessee further agrees not to connect any apparatus or device with
the conduits or pipes, or other means by which such services are
supplied, for the purpose of using additional 'or unusual amounts
of such services, without written consent of Lessor which consent
shall not be unreasonably withheld; provided however, should
Lessee use such services under this provisio~ to excess, Lessor
reserves the right to charge Lessee directly, for such excessive
services. The charge shall be payable as Additional Rental.
(b) Electric power for lighting, and office equipment as may be
required for comfortable occupancy and use of the Premises.
Electric ~ower furnished by the Lessor is intended to be that
consumed ln normal office use for lighting, and office equipment
and Lessor reserves the right, if consumption of electricity
exceeds that required for normal office use as specified, to
include a charge for such electricity as an addition to the
Additional Rent with such charge to be based upon the average
cost per unit of electricity for this Building applied to the
excess use as determined by an independent engineer selected by
the Lessor, or at Lessor's option, to be determined by a
submeter to be furnished and installed at Lessee's expense.
(c) Lessor shall not be responsible for providing or maintaining
any specialized use of heating, electricity or ener9Y for
Lessee's special needs or uses including, but not 11mited to,
highly regulated and controlled heating, electricity and energy
for the operation of computers and related equipment,
communication equipment, dedicated lines, microwave ener9Y and
the like. Lessee shall be solely responsible for providlng
specialized energy and power needs to its satisfaction and herein
specifically releases Lessor from any damages resulting to Lessee
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for any interruption of power and energy supplied by Lessor to
Lessee.
(d) Water for drinking, lavatory and toilet purposes from the
regular Building supply (at the prevailing temperature) through
fixtures installed by Lessor, (or by Lessee with Lessor's
written consent).
(e) Lighting replacement, public restroom supplies, window
washing with reasonable frequency, and janitor service to the
Premises and Common Areas during the times and in the manner
that such janitor services are customarily furnished in general
office buildings in the area.
(f) Non-exclusive parking will be provided on the adjacent
parking lot on such terms and conditions as set forth in Rules
and Regulations of Lessor which may be adopted and amended from
time to time. Such Rules and Regulations may require Lessees and
its employees, agents, guests and invitees to use or not to use
certain areas of the parking lot but if the use of parking is not
otherwise regulated by the Rules and Regulations, parking shall
be on an unallocated basis.
(g) Lessor agrees to reasonably maintain the exterior and
interior of the Building and Real Property to include lawn and
shrub care, snow removal, maintenance of the structure, roof,
mechanical and electrical equipment, architectural finish, and so
on, excluding only those items specifically excepted elsewhere
in this Lease.
(h) Lessor may close the Building at 6:00 p.m. Monday through
Friday, 1:00 p.m. on Saturday and all da~ Sunday and holidays, or
at such other hours as Lessor may from t1me to time reasonably
determine; after which hour admittance may be gained, but under
such reasonable regulations as may from time to time be
prescribed by Lessor.
(i) Lessor shall make reasonable effort to provide the foregoing
services, but in any event, shall not be liable for damages, nor
shall the rentals (Base or Additional) herein reserved be abated
for failure to furnish or any delay in furnishing any of the
foregoing services when there are disturbances or labor disputes
of any character, or by inability to secure electricity, fuel,
supplies, machinery, equipment or labor, or by the makin9 of
necessary repairs or improvements to Premises, the Build1ng, or
the Real Property, or unavailability of utilities due to
governmental restrictions, nor shall the temporary failure to
furnish any of such services be construed as an eviction of
Lessee or relieve Lessee from the duty of observing and
performing any of the provisions of this Lease, provided Lessor
uses reasonable efforts to cure such interruption in a reasonably
timely manner.
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(j) Taxes and insurance on the Building and Premises, except as
otherwise provided herein.
9. QUIET ENJOYMENT
So long as the Lessee shall observe and perform the covenants and
agreements binding on it hereunder, the Lessee shall, at all
times during the term herein granted, peacefully and quietly have
and enjoy possession of the Premises and use of the Common Areas,
without any encumbrance and hindrance by, from or through the
Lessor.
10. CERTAIN RIGHTS RESERVED TO THE LESSOR
The Lessor reserves the following rights:
(a) To name the Building and to change the name of the Building.
I
(b) To install and maintain a sign or signs on the site and on
the exterior and/or interior of the Building.
(c) To designate all sources of furnishin~ sign painting and
lettering, ice, drinking water, towels, tOl1et supplies, shoe
shining, vending machines, mobile vending service, catering, and
like services used in the Building, exclusive of the
Premises.
(d) To have pass keys to the Premises, the access to which will
be limited to maintenance and security personnel.
(e) On reasonable prior notice to the Lessee, to exhibit- the
Premises to prospective tenants during the last nine (9) months
of the term, and to any prospective purchaser, mortgagee, or
assignee of any mortgage on the Building or Real Property and to
others having a legitimate interest at any time during the term.
(f) At any time in the event of an emergency, and otherwise at
reasonable times, to take any and all measures, including
inspections, repairs, alterations, additions and improvements to
the Premises or to the Building or Real Property, as may be
necessary or desirable for the safety, protection or preservation
of the Premises, Building, Real Property or the Lessor's
interests, or as may be necessary or desirable in the operation
or improvement of the Building or in order to comply with all
laws, orders and requirements of governmental or other authority.
Relative to the same Lessor shall use reasonable efforts to
minimize disturbance of Lessee, its employees, agents, and
invitees.
(g) To install vending machines of all kinds in the Building and
to receive all of the revenue derived therefrom.
r
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1l. ESTOPPEL CERTIFICATES
The Lessee shall, within ten (10) days after written request of
Lessor, execute, acknowledge, and deliver to the Lessor or to
Lessor's mortgagee, proposed mortgagee, or proposed purchaser of
the Real Property or any part thereof, reasonable estoppel
certificates shall show whether the Lease is in full force and
effect and whether any changes may have been made to the original
Lease: whether the term of the Lease has commenced and full
rental is accruing: whether there are any defaults by Lessor and,
if so, the nature of such defaults: whether possession has been
assumed and all improvements to be provided by Lessor have been
completed: and whether Base Rent and/or Additional Rent has been
paid more than thirty (30) days in advance and that there are no
liens, charges, or offsets against Rentals of any type due or to
become due and that the address shown on such estoppel
certificate is accurate.
I
12. WAIVER OF CERTAIN CLAIMS AND INDEMNIFICATION
(a) The Lessee, to the extent permitted by law, waives all
claims it may have against the Lessor, and against the Lessor's
agents and employees for damage to person or property sustained
by the Lessee or by any occupant of the Premises, or by any other
person, resulting from any accident in or about the Real Property
or any part thereof or resulting directly or indirectly from any
act or neglect of any tenant or occupant of any part of the Real
Propertr or any part thereof or of any other person, unless such
damage 1S a result of the negligence of Lesso,r, or Lessor's
agents or employees, subject, however, to the ~rovisions of
paragraph (b) below and other provisions of th1s Lease. All
personal property belonging to the Lessee or any occupant of the
Premises that is in or on any part of the Real Property shall be
there at the risk of the Lessee or of such other person only, and
the Lessor, its agents and employees shall not be liable for any
damage thereto or for the theft or misappropriation thereof.
(b) Lessor shall not be liable for any damage or loss to
fixtures, equipment, merchandise or other personal property of
Lessee located anywhere in or on the Premises caused by theft,
fire, water, explosion, sewer backup or any other insurable
hazards, regardless of the cause thereof unless such cause is
the result of the neqliqence of the Lessor, and Lessee does
hereby expressly release Lessor of and from any and all liability
for such damages or loss. Lessor shall not be liable for any
dama~e or loss resulting from business interruption at the
Prem1ses arising out of or incident to the occurrence of any of
the perils which can be covered by a business interruption
insurance policy and Lessee does hereby expressly release Lessor
of and from any and all liability for such damages or loss.
Lessee shall not be liable for any damages to the Premises or any
part thereof caused by fire or other insurable hazards,
regardless of the cause thereof unless such cause is the result
.of the negligenc~ oJ~_t_h~~n~_~~~g and Lessor does-he-re-by expressly
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release Lessee of and from any and all liability for such damages
or loss. To the extent that any of the risks or perils described
in this paragraph (b) are in fact covered by insurance, each
party shall cause its insurance carriers to waive all rights of
subrogation against the other party.
(c) The Lessee agrees to hold the Lessor harmless and
indemnification against claims and liability for injuries to all
persons and for damage to or loss of pro~erty occurring in or
about the Real Property, due to any neg11gent act or failure to
act by the Lessee, its contractors, agents or employees, or
default by Lessee under this Lease.
13. LIABILITY INSURANCE
Lessee shall, at its expense, maintain during the term,
comprehensive public liability insurance, and property damage
insurance under policies issued by insurers of recognized
responsibility, with limits of not less than Five Hundred
Thousand Dollars ($500,000.00) for personal injury, bodily
inju~, death, or for damage or injury to anyone (1) person and
One M111ion Dollars ($1,000,000.00) for personal injury, bodily
injury, or death of more than one (1) person as for anyone
accident, disaster or occurrence, and with One Hundred Thousand
Dollars ($100,000.00) coverage for property damage (includin9 the
loss of use thereof) for anyone occurrence. Lessee's polic1es
shall name Lessor, its agents, servants and emplo~ees as
additional insureds. Lessee shall furnish a cert1ficate
evidencing such coverage prior to the date of occupancy and said
endorsement must state that the insurer agre~s to notify Lessor
not less than Ten (10) days in advance of modification or'
cancellation of such insurance policy.^
14. HOLDING OVER
Unless otherwise agreed to in writing by Lessor and Lessee, if
the Lessee retains possession of the Premises or any part thereof
after the termination of the term the Lessee shall pay the Lessor
Base Rent at one and one~h~~J tjm~_ the monthly rate in effect
immediately prior to the termination of the term for the time the
lessee remains in possession and, in addition thereto, Lessee
shall pay the Lessor for all damages, incidental, consequential,
and direct, sustained by reason of the Lessee's retention of
possession. The provisions of this section do not exclude the
Lessor's rights of re-entry or any other right hereunder. No
such holding over shall be deemed to constitute a renewal or
extension of the term hereof.
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15. ASSIGNMENT AND SUBLETTING
The Lessee shall not, without the Lessor's prior written consent,
which consent shall be within the reasonable discretion of Lessor
(a) assign, convey, mortgage, pledge, encumber or otherwise
transfer (whether voluntar11y or otherwise) this Lease or any
interest under it; (b) allow any transfer by operation of law;
(c) sublet the Premises or any part thereof, or (d) permit the
use or occupancy of the Premises or any part thereof by anyone
other than the Lessee.
If this Lease be assigned or if the Premises or any part thereof
be sublet or occupied by anybody other than the Lessee, which
would require the consent of Lessor as stated above, Lessor may,
after default by Lessee, collect rent from the assignee,
subtenant or occupant, and ap~ly the net amount collected to the
base and Additional rent here1n reserved, but no such assignment,
subletting, occupancy or collection shall be deemed a waiver of
any of Lessee's covenants contained in this Lease or the
acceptance of such assignee~ subtenant or occupant as Lessee, or
a release of Lessee from further performance by Lessee of
covenants on the part of Lessee herein contained.
In the event a sublease or assignment is made, with the Lessor's
prior written consent, as herein provided, Lessee shall pay
Lessor a reasonable charge as reimbursement for necessary legal
and accounting services required by Lessor to accomplish such
assignment or subletting. Said amount shall be deemed to be
Additional Rent under the terms of this Lease.
If the Premises are sublet or assigned at a Base Rent higher
than the Base Rent required to be paid by Lessee, the difference
shall be shared equally by Lessor and Lessee after deductions
therefrom of any leasing commissions and any alteration expenses
actuallr incurred and paid for by Lessee in connection with such
sublett1ng or assignment. In no event shall the Base Rent for
such assignment or subletting be less than the Base Rent required
to be paid by Lessee hereunder.
16. CONDITION OF PREMISES
Except as otherwise agreed to in writing, Lessee's taking
possession of the Premises shall be conclusive evidence as
against the Lessee that the Premises were in good order and
satisfactory condition when the Lessee took possession, except
as to latent defects. No promise of the Lessor to alter,
remodel, re~air or improve the Premises or the Building and no
representat10n respecting the condition of the Premises or the
Building has been made by Lessor to Lessee, other than as may be
contained herein or in a separate agreement signed by Lessor and
Lessee. At the termination of this Lease, the Lessee shall
return the Premises "broom-clean" and in as good condition as
when the Lessee took possession, ordinary wear and loss by fire
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or other insured casualty excepted, failing which the Lessor may
restore the Premises to such conditions and the Lessee shall pay
the cost thereof on demand.
17. USE OF PREMISES
Lessee shall use the Premises for general office and other
business relating to the City of Dublin purposes, and for no
other purposes. In addition, Lessee agrees to comply with the
Rules and Regulations set forth by Lessor and with such
reasonable modifications thereof and additions thereto as the
Lessor may hereafter from time to time make for the Building and
Real Property includin9 those prescribed for the Parking Area and
picnic Area. The initlal Rules and Regulations are attached
hereto as Exhibit "C". The Lessor shall not be resJ?onsible for
the non-observance by any other tenant of any of sald Rules and
Regulations.
18. REPAIRS
Lessee shall 9ive to Lessor prompt written notice of any damage
to, or defectlve condition in any part of the Building's
plumbing, electrical, heatin9, air-conditioning or other s~stems
serving, located in, or passlng through the Premises. SubJect to
the provisions of sections Eight (8) (Services") and Nineteen
(19) ("Untenability") , the Lessee shall, at the Lessee's own
expense, keep the Premises in good order, condition and repair
during the term, and the Lessee, at the Lessee's expense, shall
comply with all laws and ordinances, and all rules and
regulations of all 90vernmental authorities ftnd of all insurance
bodies at any time ln force, applicable to the Premises or to the
Lessee's use thereof, except that the Lessee shall not hereby be
under any obligation to comply with any law, ordinance, rule or
regulation requiring any structural alteration of the Premises,
unless such alteration is required by reason of a condition
which has been created by, or at the insistence of, the Lessee,
or is required by reason of a breach of any of the Lessee's
covenants and agreements hereunder. Lessor shall not be required
to repair any injury or damage by fire or other cause Dot
covered by Lessor's insurance, or to make any reJ?airs or
replacements of any panels, decoration, office flxtures, railing,
ceiling, floor covering, partitions, or any other property
installed in the Premises by the Lessee or installed in the
Premises by the Lessee or installed by Lessor at Lessee's
request.
19. UNTENABILITY
If the Premises or the Building or a substantial part of either
are damaged or destroyed by_ fire or other casualty, cause or
condition whatsoever, such that the damage or destruction cannot
be repaired within One Hundred Eight~ (180) days, Lessor may, by
written notice to the Lessee given wlthin thirty (30) days after
such damage, terminate this Lease. If the Premises are damaged
- 12 -
or the access or use thereof is affected by the damage, then
Lessor's termination shall be effective as of the date of such
damage, otherwise said termination shall be effective thirty (30)
days after receipt of such notice by the Lessee.
If as a result of a fire or other casualty, cause or condition
whatsoever, the Common Areas are damaged to such an extent as to
substantially interfere with Lessee's use of the Premises or if
the Premises or a substantial part thereof are made untenable,
such that the damage or destruction cannot be repaired within One
Hundred Eighty (180) days, then Lessee may terminate this Lease
by giving written notice to Lessor within thirty (30) days after
such damage, said termination to be effective as of the date of
such damage.
Unless this Lease is terminated as hereinabove provided, Lessor
shall proceed with due diligence to restore, repair and replace
the Premises and Building to substantially the same condition as
they were in as of the date of occupancy by Lessee. Lessor shall
be under no duty to restore any alterations, improvements or
additions made by the Lessee or by Lessor at Lessee's request.
In all cases, due allowances shall be given to the Lessor for any
reasonable delays caused by adjustment of insurance loss,
strike~, labor difficulties, inability to obtain supplies or
materials or any cause beyond Lessor's control.
20. EMINENT DOMAIN ~' f
(a) In the event that title to all of the Real Property
containing the entire Buildin9, or a portion, of the Real Property
containing a substantial port10n of the Building, shall be
lawfully condemned or taken in any manner for any public or
quasi-public use, this Lease and the term and estate hereby
granted shall forthwith cease and terminate as of the date of
vesting of title and the Lessor shall be entitled to receive the
entire award paid by the condemning authority, the Lessee hereby
assigning to the Lessor the Lessee's interest therein, if any.
However, nothing herein shall be deemed to require Lessee to
assign to Lessor any award made to Lessee or for the taking of
~ersonal ~roperty or fixtures belonging to Lessee or for the
1nterruptlon of or damage to Lessee's business or for Lessee's
moving expenses.
(b) In the event that title to a portion of the Real Property
containing no substantial portion of the Building, shall be so
condemned or taken, this Lease shall remain in full force and
effect without rent abatement, apportionment, or other alteration
whatsoever, and Lessor shall be entitled to receive the entire
award paid by the condemning authoritr, if any, the Lessee
assigning to the Lessor the Lessee's lnterest therein, if any.
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(c) For the purpose of this section Twenty (20), a sale to a
public or quasi-public authority under threat of condemnation
shall constitute a vesting of title and shall be construed as a
taking by such condemning authority.
21. LESSOR'S REMEDIES
All rights and remedies of the Lessor herein enumerated shall be
cumulative, and none shall exclude any other right or remedy
allowed by law or in equity. In addition to the other remedies
in this Lease, the Lessor shall be entitled to the restraint by
injunction of the violation or attempted violation of any of the
covenants, agreements or conditions of this Lease.
(a) If the Lessee shall (i) apply for or consent to the
appointment of a receiver, trustee or liquidator of the Lessee or
of all or a substantial part of its assets, (ii) file a voluntary
~etition in bankruptcy or admit in writing its inability to pay
1ts debts as they come due, (iii) make a general assignment for
the benefit of creditors, (iv) file a petition or an answer
seeking reorganization or arrangement with creditors or to take
advantage of any insolvency law, or (v) file an answer admitting
the material allegations of a ~etition filed against the Lessee
in any bankruptcy, reorganizat10n or insolvency proceeding, or if
an order, jud9IDent or decree shall be entered by any court of
competent jur1sdiction adjudicating the Lessee a bankrupt or
insolvent or a~proving a petition seeking reorganization of the
Lessee or app01nting a receiver, trustee or liquidator of the
Lessee or of all or a substantial part of its assets, then, in
any of such events, the Lessor may give to t~e Lessee a notice of
intention to end the term of this Lease specifying a day not
earlier than ten (10) days thereafter, and u~on the giving of
such notice the term of this Lease and all r1ght, title and
interest of the Lessee hereunder shall expire as fully and
completely on the day so specified as if that day were the date
herein specifically fixed for the expiration of the term.
(b) If the Lessee defaults in the payment of Base Rent or
Additional Rent and such default continued for five (5) days
after the date such payment is due, a late charge of Fifty and
00/100 Dollars ($50.00) or one percent (1%) of the amount due,
whichever is greater, shall be paid for every day, in which the
sum remains unpaid. If such default continues for ten (10) days
after the date such payment is due, or if Lessee defaults in the
prompt and full performance of any other provision of this Lease,
and if such other default continues for thirty (30) days after
notice, or if the leasehold interest of the Lessee be levied
upon under execution or be attached by process of law, then, and
in any such event, the Lessor may, at its election, either
terminate this Lease and/or the Lessee's right to possession of
the Premises, or, without .terminating this Lease, take possession
of the Premises, and endeavor to relet the same. Nothing herein
shall relieve the Lessee of any obligation, including the
- 14 -
payment of Base Rent and Additional Rent, as provided in this
Lease.
(c) Upon any termination of this Lease, the Lessee shall
surrender possession and vacate the Premises immediately, and
deliver possession thereof to the Lessor, and hereby grants to
the Lessor full and free license to enter into and upon the
Premises in such event with or without process of law and to
repossess the Lessor of the Premises as of the Lessor's former
estate and to expel or remove the Lessee and any others who may
be occupying or within the Premises and to remove any and all
property therefrom, using such force as may be necessary, without
bein9 deemed in any manner guilty of trespass, eviction or
forc1ble entry or detainer, and without relinquishing the
Lessor's right to Base Rent and Additional Rent or any other
right given to the Lessor hereunder or by operation of law.
(d) If the Lessor elects, without terminating the Lease, to
endeavor to relet the Premises, the Lessor may, at the Lessor's
option, enter into the Premises, remove the Lessee's signs and
other evidence of tenancy, and take and hold possession thereof
as in Paragraph (c) of this section provided, without such entry
and possession terminating the Lease or releasing the Lessee, in
whole or in part, from the Lessee's obligation to pay the Base
Rent and Additional Rent hereunder for the full term as
hereinafter provided. Upon and after entry into possession
without termination of the Lease, the Lessor may relet the
Premises or any part thereof for the account of the Lessee to any
person, firm or corporation other than the Lessee for such rent,
for such time and upon such terms as the Les~or shall determine
to be reasonable. In any such case, the Lessor may make repairs,
alterations and additions in or to the Premises, and redecorate
the same to the extent deemed by the Lessor necessary or
desirable, and the Lessee shall, upon demand, pay the cost
thereof, together with the Lessor's expenses of the reletting
including reasonable attorney fees. If the consideration
collected by the Lessor upon such reletting for the Lessee's
account is not sufficient to pay monthly the full amount of the
Base Rent and Additional Rent reserved in this Lease, together
with the cost of repairs, alterations, additions, redecorating
and the Lessor's expenses, the Lessee shall pay to the Lessor
the amount of each monthly deficiency upon demand; and if the
consideration so collected from any such reletting is more than
sufficient to pay the full amount of the Base Rent and
Additional Rent reserved herein, together with the costs and
expenses including attorney fees of the Lessor, the Lessor, at
the end of the stated term of this Lease, shall account to the
Lessee.
(e) If the Lessor elects to terminate this Lease, it being
understood that the Lessor mar elect to terminate the Lease after
and notwithstanding its elect10n to terminate the Lessee's right
to possession as provided herein, the Lessor shall forthwith upon
- 15 -
such termination be entitled to recover as damages, and not as a
penalty, an amount equal to the Base Rent and Additional Rent
provided in this Lease for the residue of the stated term hereof.
(f) Any and all property which may be removed from the Premises
by the Lessor pursuant to the authority of the Lease or of law,
to which the Lessee is or may be entitled, may be handled,
removed or stored by the Lessor at the risk, cost and expense of
the Lessee and the Lessor shall in no event be responsible for
the value, preservation or safekeeping thereof. The Lessee shall
pay the Lessor, upon demand, any and all expenses incurred in
such removal and all storage charges against such property so
long as the same shall be 1n or under the Lessor's control. Any
such property of the Lessee not removed from the Premises or
retaken from storage by the Lessee within thirty (30) days after
the end of the term or of the Lessee's right to possession of
the Premises, however terminated, shall be conclusively deemed
to have been forever abandoned by the Lessee and either mar be
retained by Lessor as its property, or may be disposed of 1n
such manner as Lessor may see fit.
(g) The Lessee agrees that if it shall at any time fail to make
any payment or perform any other act on its part to be made or
performed under this Lease, the Lessor may, but shall not be
obli9ated to, and after reasonable notice or demand and without
waiv1ng or releasing the Lessee from any obligation under this
Lease, make such payment or perform such other act to the extent
the Lessor may deem desirable, and in connection therewith to
pay expenses and employ legal counsel. The Lessee agrees to pay
reasonable attorney fees if legal action is ~equired to enforce
performance by Lessee of any condition, obligation or reqUirement
hereunder. All sums so paid by the Lessor and all expenses in
connection therewith, together with interest thereon at 3% over
the Wall street Journal or other equivalent indexes of average
prime rates from the date of payment, shall be deemed Additional
Rent hereunder and payable at the time of any installment of
Additional Rent thereafter becoming due and the Lessor shall have
the same rights and remedies for the non-payment thereof, or of
any other Additional Rent, as in the case of default in the
payment of Base Rent.
22. SUBORDINATION OF LEASE
This Lease is and shall be subject and subordinate to any and all
mortgages now existing upon or that may thereof be hereafter
placed upon the Premises and the Real Property and to all
advances made or to be made thereon and all renewals,
modifications, consolidations, replacements or extensions thereof
and the lien of any such mortgages, shall be superior to all
rights hereby or hereunder vested in Lessee, to the full extent
of all sums secured thereby. This provision shall be self-
operative and no further instrument of subordination shall be
necessary to effectuate such subordination and the recording or
- 16 -
any such mortgage shall have preference and precedence and be
superior and pr10r in lien to this Lease, irrespective of the
date of recording. In confirmation of such subordination,
Lessee shall on request of Lessor or the holder of any such
mortgage execute and deliver to Lessor within ten (10) days such
reasonable instruments that Lessor or such holder may reasonably
request.
Notwithstanding the foregoing in the event of a foreclosure of
any such mortgage or of any other action or proceeding for the
enforcement thereof, or of any sale thereunder, this Lease will
not be barred, terminated, cut off or foreclosed nor will the
rights and possession of Lessee thereunder be disturbed if Lessee
shall not then be in default in the payment of rental or other
sums or be otherwise in default under the terms of this Lease,
and Lessee shall attorn to the ~urchaser at such foreclosure,
sale or other action or proceed1ng.
23. NOTICES AND CONSENTS
All notices, demands, requests, consents or approvals which may
or are required to be given by either party to the other shall be
in writing and shall be given personally ,with return receipt or
by United States certified or Registered Mail, postage prepaid,
return receipt requested. Such notice shall be deemed given on
the date inscribed on the return receipt. Such notice shall be
directed: (a) if for the Lessee, to the Lessee at the Building,
or at such other place as the Lessee may from time to time
designate by notice to the Lessor or (b) if ~or the Lessor, to
Scherer Companies, 5131 Post Road, Dublin, Ohio 43017, or at
such other place as the Lessor may from time to time desi~nate
by notice to the Lessee. All consents and approvals prov1ded
for herein must be in writing to be valid. If the term Lessee
as used in this Lease refers to more than one person, any notice,
consent, approval, request, bill, demand or statement, given as
aforesaid to anyone of such persons shall be deemed to have been
duly given to Lessee.
24. NO ESTATE IN LAND
This Lease shall create the relationship of landlord and tenant
between Lessor and Lessee; no estate shall pass out of Lessor;
and Lessee has only the rights of enjoyment stated herein of
property vested in the Lessor which rights are not subject to
levy and sale.
25. INVALIDITY OF PARTICULAR PROVISIONS
If anr clause or provision of this Lease is or becomes illegal,
inva11d, or unenforceable because of present or future laws or
any rule, decision, or regulation of any governmental body or
entity, the intention of the parties hereto is that the
remaining parts of this Lease shall not be affected thereby.
- 17 -
26. MISCELLANEOUS TAXES
Lessee shall pa~ prior to delinquency all taxes assessed against
or levied upon lts occupancy of the Premises, or upon the
fixtures, furnishings, equipment and all other personal property
of Lessee located in the Premises, if nonpayment thereof shall
give rise to a lien on the real estate, and when possible Lessee
shall cause said fixtures, furnishings, equipment and other
personal property to be assessed and billed separatel~ from the
Real Property. In the event any or all of Lessee's flxtures,
furnishings, equipment and other personal property, or upon
Lessee's occupancy of the Premises, shall be assessed and taxes
with the Real Property, Lessee shall pay to Lessor its share of
such taxes within ten (10) days after delivery to Lessee by
Lessor of a statement in writing setting forth the amount of
such taxes applicable to Lessee's fixtures, furnishings,
equipment or personal property.
27. BROKERAGE
Lessee represents and warrants that it has dealt with no broker,
agent or other person in connection with this transaction and
that no broker, agent or other person in connection with this
transaction and that no broker, agent or other person brought
about this transaction, and Lessee agrees to indemnify and hold
Lessor harmless from and against any claims by any other broker,
agent or other broker, agent or other person claiming a
commission or other form of compensation b~ virtue of having
dealt with Lessee with regard to this leaslng transaction. The
provisions of this section shall survive the" termination of the
Lease.
28. SPECIAL STIPULATIONS
(a) No receipt of money by the Lessor from the Lessee after the
termination of this Lease or after the service of any notice or
after the commencement of any suit, or after final judgment for
possession of the Premises shall reinstate, continue or
extend the term of this Lease or affect any such notice, demand
or suit or impl~ consent for any action for which Lessor's
consent is requlred.
(b) No waiver of any default of the Lessee hereunder shall be
implied from any omission by the Lessor to take any action on
account of such default if such default persists or be repeated,
and no express waiver shall affect any default other than the
default specified in the express waiver and that only for the
time and to the extent therein stated.
(c) It is understood that the Lessor may occupy portions of the
Building in the conduct of the Lessor's business. In such event,
all references herein to other tenants of the Building shall be
deemed to include the Lessor as an occupant.
- 18 -
(d) All of the covenants of the Lessee hereunder shall be
deemed and construed to be "conditions" as well as "covenants"
as though the words specifically e~ressing or importing
covenants and conditions were used 1n each separate instance.
(e) This Lease shall not be recorded by either party without the
consent of the other, except that Lessee shall sign a Memorandum
of Lease to be submitted by Lessor and Lessor may record such
Memorandum.
(f) Neither party has made any representations or promises,
except as contained herein, or in some further writing signed by
the party making such representation or promise.
(g) In the absence of fraud, no person, firm or co~oration, or
the heirs, legal representatives, successors and ass1gns,
respectively, thereo'f, executing this Lease as agent, trustee or
in any other representative capacity shall ever be deemed or
held individually liable hereunder for any reason or cause
whatsoever.
(h) In the event of variation or discrepancy, the Lessor's
original copy of the Lease shall control.
(i) Each provision hereof shall extend to and shall, as the case
may require, bind and inure to the benefit of the Les$or and the
Lessee and their respective heirs, legal representatives,
successors, and assigns.
(j) If because of any act or omission of Le-ssee, its employees,
agents, contractors, or subcontractors, any mechanic's lien or
other lien, charge or order for the payment of money shall be
filed against Lessor, or against all or any portion of the Real
Property, or the Building or which the Premises are a part,
Lessee shall, at its own cost and expense, cause the same to be
discharged of record, within thirty (30) days after the filing
thereof, and Lessee shall indemnify and save harmless Lessor
against and from all costs, liabilities, suits, penalties, claims
and demands, including reasonable attorney's fees resulting
therefrom.
(k) It is understood and agreed that this Lease shall not be
binding until and unless all parties have signed it.
(1) No acceptance by Lessor of 'a lesser sum than the Base Rent
and/or Additional Rent, or any other charge then due shall be
deemed other than on account or the earliest installment of such
rent or charge due, nor shall any endorsement or statement on any
check or any letter accompanying any check or payment as rent or
other charge be deemed an accord and satisfaction, and Lessor may
accept such check or payment without prejudice to Lessor's right
- 19 -
to recover the balance of such installment or char~e or other
monies owing by Lessee or pursue any other remedy 1n this Lease
provided.
29. SECURITY DEPOSIT
Lessee has deposited with Lessor the sums of Four Thousand
Three Hundred Forty-Eight Dollars ($4,348.00) for suite 105 and
Three Thousand One Hundred Twenty-Seven Dollars and Fifty Cents
($3,127.50) for suite 120 as security for the full and faithful
performance of every provision of this Lease to be performed by
Lessee. If Lessee defaults with respect to anr provision of this
Lease, including but not limited to the provis10ns relating to
the payment of Base Rent and Additional Rent, Lessor may use,
apply or retain all or any part of this security deposit for the
payment of any rent or any other sum in default or for the
payment of any other ,amount which Lessor may spend or become
obligated to spend by reason of Lessee's default, or to
compensate Lessor for any other loss, cost or damage which Lessor
may suffer by reason of Lessee's default. If any portion of said
deposit is so used or applied, Lessee shall, within five (5) days
after written demand therefore, deposit cash with Lessor in an
amount sufficient to restore the security deposit to its ori~inal
amount and Lessee's failure to do so shall be a breach of th1s
Lease. Lessor shall not, unless otherwise required br law, be
required to keep this security deposit separate from 1ts general
funds, nor ~ay interest to Lessee. If Lessor is required to
maintain sa1d deposit in an interest bearing account, Lessor will
retain the maximum amount permitted under applicable law as a
bookkeeping and administrative charge. If ~ssee shall fully and
faithfully perform every provision of this Lease to be performed
by it, the security deposit or any balance thereof shall be
returned to Lessee (or, at Lessor's option, to the last
transferee of Lessee's interest hereunder) at the expiration of
the Lease term and upon Lessee's vacation of the Premises. In
the event the Building and/or Real Property is sold, the security
deposit will be transferred to the new owner.^
30. LESSOR'S AND LESSEE'S WORK
The Lessor and the Lessee shall divide evenly the costs associat-
ed with the improvement and modification required by the Lessee
to Suite 105 provided, however, the Lessor's share of such costs
shall not exceed Seven Thousand Dollars ($7,000.00).
\ The Lessor agrees to remodel, improve and modify suite 120 to the
specifications of the Lessee in accordance with the letter
attached hereto as Exhibit " " at the Lessor's sole expense.
- 20 -
IN WITNESS WHEREOF, Lessor and Lessee have respectively signed and
sealed this Lease as of the day and year first above written.
witness:
LESSOR:
SCHERER COMPANIES
witness By:
Its:
Witness
LESSEE:
THE CITY OF DUBLIN
witness By:
Its
witness - -
STATE OF OHIO :
SS:
COUNTY OF FRANKLIN .
.
BE IT REMEMBERED, that on this dar of , 19__,
before me, the subscriber, a Notary Public ln and for said County and
State, personally appeared , the of
Scherer Companies, Lessor in the foregoing instrument for and on behalf of
said Lessor, executed this instrument; and acknowledged that signing and
execution thereof is his free and voluntary act and deed, and the free and
voluntary act and deed of said Lessor, for the uses and purposes therein
mentioned.
IN TESTIMONY WHEREOF, I have subscribed by name and affixed by
Notarial Seal on the day and year last aforesaid.
Notary Public
- 21 -
STATE OF OHIO :
SS:
COUNTY OF FRANKLIN .
.
BE IT REMEMBERED, that on this ___ day of , 19__, before
me, the subscriber, a Notary Public in and for said County and state,
personally appeared , the of
, the which is the Lessee in the
foregoing instrument and as such and for and on behalf of
said executed this instrument on behalf of said .
, ,
and acknowledged that signing and execution thereof is free and
voluntary act and deed, as such , and the free and voluntary
act and deed of said , for the uses and purposes therein
mentioned.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed my
Notarial Seal on the day and year last aforesaid.
Notary Public
- 22 -
EXHIBIT "A"
TO BE PROVIDED
EXHIBIT "B"
RULES AND REGULATIONS
(a) The Lessee shall not exhibit, sell or offer for sale on the Premises
or in the Building any article or thing except those articles and things
essentially connected with the stated used of the Premises without the
advance written consent of the Lessor, which consent shall not be
unreasonably withheld.
(b) The Lessee will not make or ~ermit to be made any use of the Premises
or any part thereof which would v101ate any of the covenants, agreements,
terms, provisions and conditions of this Lease or which directly or
indirectly is forbidden by public law, ordinance or governmental
regulation or which may be dangerous to life, limb or ~ropert~, or which
may invalidate or increase the premium cost of an~ P011CY of 1nsurance
carried on the Building or Real Property or cover1ng its operation, or
which will suffer or permit the Premises or any part thereof to be used in
any manner or anything to be brought into or kept therein which, in the
judgement of Lessor, shall in any way impair or tend to impair the
character, reputation or appearance of the Building or Real Property as a
high quality office building, or which will impair or interfere with any
of the services performed by Lessor for the Real Property and Building.
(c) The Lessee shall not display, inscribe, print, maintain or affix on
any place in or about the Building or on the Real Property any sign,
notice, legend, direction, figure or advertisement, except on the doors of
the Premises and on the Directory Board, and then only such name(s) and
matter, and in such color, size, place and materials, as shall first have
been approved by the Lessor which approval shall not be unreasonably
withheld. The listing of any name other than that of 'Lessee, whether on
the doors of the Premises, on the Building directory, or otherwise, shall
not operate to vest any right or interest in this Lease or in the Premises
or be deemed to be the written consent of Lessor, it being expressly
understood that any such listing is a privilege extended by Lessor
revocable at will be written notice to Lessee.
(d) The Lessee shall not advertise the business, profession or activities
of the Lessee conducted in the Building in any manner which violates the
letter or spirit of any code of ethics adopted by any recognized
association or organization pertaining to such business address of the
Lessee, and shall never use any picture or likeness of the Building in any
circulars, notices, advertisements or correspondence without the Lessor's
consent, which consent shall not be unreasonably withheld.
(e) No additional locks or similar devices shall be attached to any door
or window without Lessor's prior written consent, which consent shall not
be unreasonably withheld. No keys for any door other than those provided
by the Lessor shall be made. If more than two keys for one lock are
desired, the Lessor will provide the same at the expense of the Lessee.
All keys must be returned to Lessor at the expiration or termination of
this Lease.
(f) The Lessee shall not make any alterations, improvements or additions
to the Premises includin9, but not limited to, wall coverings and special
lighting installments, w1thout the Lessor's advance written consent in
each and every instance which consent shall not be unreasonably withheld.
In the event Lessee desires to make any alterations, improvements or
additions, Lessee shall first submit to Lessor plans and specifications
therefore and obtain Lessor's written approval thereof prior to commencing
any such work. All alterations, improvements or additions, whether
temporarr or permanent in character, made by Lessor or Lessee in or upon
the Prem1ses shall become Lessor's property and shall remain upon the
Premises at the termination of this Lease without compensation to Lessee
(excepting only Lessee's movable office furniture, trade fixtures, office
and professional equipment), unless Lessor requires Lessee to remove such
items which must be removed at Lessee's cost by no later than the earlier
of the termination or expiration of this Lease and such items shall be
removed without damage to the:Lessor's property. Any damage caused by or
resulting from the removal or!Lessee's office furniture, trade fixtures,
and office and professional equipment, or alterations, improvements or
additions removed at Lessor's request, may be repaired by the Lessor at
Lessee's cost and expense.
MEMORANDUM
TO: Members of City Council
FROM: Tim Hansley, City Manager
DATE: April 12, 1990
SUBJECT : Leasing of Additional Office Space at 5131 Post Road
INITIATED BY: Terry Foegler, Director of Development
Attached is a copy of an Ordinance to allow the leasing of additional
space at the 5131 Post Road office building, by the Department of
Development. As you are aware, the City leased the existing 5,000 sq.
ft. space in January of 1988 to house the Divisions of Planning/
Zoning and Engineering/Building. Since that time, we have added 12
positions to the department which has created a rather severe space
shortage.
Although there is no space available within the Post Road building which
is contiguous to our existing offices, there is a 2,700 sq. ft. space
available on the first floor on the other side of the lobby. Having
reviewed our operation with staff, this available space can meet our
needs quite well. Basically, the Planning staff will be relocated to
the new space; the Development Director will relocate to the space
occupied by the City Engineer; and the City Engineer, Assistant City
Engineer and Chief Building Officer will move to the existing Planning
offices.
Attached to the Ordinance is a copy of the lease for this new space. We
hope to have the unresolved issues settled by the time Council meets on
April 16. In addition to the monies needed for the lease payment,
additional revenues are being requested to handle the costs of the phone
system modifications and various other minor associated improvements.
Terry Foeg1er would be happy to answer any questions Council may have at
the meeting on Monday night.
tsb
Attachments