Ordinance 087-14RECORD OF ORDINANCES
Ordinance No. 87 - 1 4 Passed 20
AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY
CONVEYANCE DOCUMENTATION TO ACQUIRE 1.5 ACRES,
MORE OR LESS, FEE SIMPLE INTEREST FROM JUDITH R.
MARGAROLI (FKA- WILSON) AND ENRICO MARGAROLI, AND
DECLARING AN EMERGENCY.
WHEREAS, Judith R. Margaroli (FKA- Wilson) and Enrico Margaroli (the "Sellers'l are
the owners of a parcel of property, being Franklin County Parcel No. 270 - 000271,
consisting of 1.5 acres, more or less, east of High Street, North of Dublin - Granville
Road and located adjacent to the Scioto River (the "Property'l attached hereto as
Exhibit "A "; and
WHEREAS, City Council established a goal to acquire park land along the Scioto
River, and the Bridge Street District Vision Planning supports the use of this property
for park purposes, thus supporting the acquisition of this parcel from Sellers to be
held by Purchaser as public parkland, said property described in the legal
descriptions attached hereto as Exhibit "A "; and
WHEREAS, the City agrees to purchase the Property described in Exhibit "A," and
Sellers agree to sell the Property to Purchaser pursuant to the terms of the Real
Estate Purchase Agreement ("REPA'l and two (2) year Leaseback Agreement
attached hereto as Exhibit "B ". and
WHEREAS, the City and the Sellers participated in good faith discussions and have
come to mutually agreeable terms for the acquisition of the necessary property
interests for Eight Hundred Fifty Thousand Dollars ($850,000); and
WHEREAS, the City desires to execute necessary conveyance documentation to
complete the transaction between the City and the Sellers.
NOW, THORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute, in the name and on
behalf of the City, the REPA and Lease in substantially the form as attached Exhibit "B"
and all necessary conveyance documentation to acquire an approximate 1.5 acres,
more or less from Judith R. Margaroli (FKA- Wilson) and Enrico Margaroli, for the sum
of Eight Hundred Fifty Thousand Dollars ($850,000), said property interest located
within Franklin County Parcel No. 270 - 000271. The REPA and Lease are approved,
together with any changes or amendments that are not inconsistent with this
Ordinance and not substantially adverse to the City and that are approved by the City
Manager on behalf of the City, all of which shall be conclusively evidenced by the
signing of the REPA and Lease or amendments thereto.
Section 2. This ordinance is declared to be an emergency necessary for the
immediate preservation of the public peace, health, safety or welfare, and for the
further reason that emergency action is needed to accommodate the desired closing
schedule of the seller. The ordinance shall therefore take effect immediately upon
passage.
Passed this _ day of ` 116 014.
C �
or - Presiding Office
A .
Clerk of Council
rc * ity of Dublin
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager /O�W2__
Date: August 21, 2014
Initiated By: Terry D. Foegler, Director of Strategic Initiatives /Special Projects
Philip K. Hartmann, Assistant Law Director
Memo
Re: Ordinance 87 -14 - AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY CONVEYANCE DOCUMENTATION TO ACQUIRE 1.5 ACRES,
MORE OR LESS, FEE SIMPLE INTEREST FROM JUDITH R. MARGAROLI
(FKA- WILSON) AND ENRICO MARGAROLI.
BACKGROUND
As you will recall, the City purchased property from John H. Kilbury late last year to establish additional
riverfront parkland, consistent with the City's plans for additional riverfront parkland. Judith R.
Margaroli (FKA- Wilson) and Enrico Margaroli (the "'Grantors'l own the property just north of Mr.
Kilbury's former property. The Grantors' property includes approximately 1.5 acres and a single - family
dwelling, and is located at 6716 Dublin Road, identified as Franklin County Parcel No. 270 - 000271. It
currently lies within the unincorporated "island" of properties located along the east side of Dublin Road
in this area.
Previous goals of City Council and recent Bridge Street District River Corridor Planning efforts have
reinforced the need and desirability of the City to provide additional public park space along the Scioto
River. This site provides another opportunity to advance the vision for a substantial river park along
both sides of the Scioto River in this area. This site is directly opposite the approximately 12 acres of
land the City acquired in 2012 on the east side of the Scioto River. Recent surveys of City residents
have clearly established river fronting park land as among our community's highest park priorities.
In addition to its Scioto River frontage, the site also possesses high quality scenic character and
accessible land areas. Additionally, the house located on the site is within the 100 -year floodway, and
as such (if privately owned and occupied) its location would trigger future mitigation measures as a
result of any river corridor improvements (such as bridges) that would result in any raising of the
regulatory flood water levels. The acquisition of this site eliminates that obligation, and the future
expenses associated therewith.
The Administration has had an appraisal performed on the subject property, and, although it is
uncertain what level of sale price reduction might occur as a result of the home's location within the
regulatory floodway, the appraisal value supports the price for the property. The Grantors have agreed
to sell the site for $850,000, with continued occupancy rights beyond closing.
This Ordinance authorizes the City Manager to enter into a purchase agreement for Eight Hundred Fifty
Thousand Dollars ($850,000) and a two (2) year lease agreement with the Grantors.
RECOMMENDATION
Staff recommends approval of Ordinance No. 87 -14 at the second reading /public hearing at the
September 8, 2014 Council meeting.
EXHIBIT A
Situated in the State of Ohio, County of Franklin and in the Township of Washington and
bounded and described as follows:
Being in Survey No. 2542, VIRGINIA MILITARY LANDS, and being a part of Lot Number
Five (5), in the subdivision of the ALBERT CHAPMAN'S LAND, of record in Complete
Record 102, page 136, Franklin County Records and being more particularly described as
follows:
Beginning at a spike in the center of Dublin - Bellepoint Road, at the southwest corner of land of
Donna M. Frambes; thence with the south line of the Frambes land, East 538 feet to the west
bank of the Scioto River, passing an iron pin on line at 31.9 feet and another iron pin on line at
528 feet; thence southerly, along the bank of the river 121 feet to a point in a line 121 feet south
of and parallel to the south line of the Donna Frambes Land; thence with said line West 542 feet
to a point in the Dublin - Bellepoint Road; passing an iron pin on line at 10 feet and another iron
pin on line at 510.1 feet; thence North 2 degrees 50' W. along the Dublin- Bellepoint Road 121
feet to the place of beginning, containing I V2 acres, more or less.
Together, with and including an easement for ingress and egress as set forth in Deed of Easement
dated March 26, 1983 and recorded in Official Record Volume 2616, page J -12, Recorder's
Office, Franklin County, Ohio.
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CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
This Contract For Sale and Purchase of Real Property (this "Agreement ") is by and
between the between the CrrY OF DUBLIN, Ohio, an Ohio municipal corporation (hereinafter
referred to as the "Purchaser "), having an office at 5200 Emerald Parkway, Dublin, Ohio 43017-
1006, and JUDITH R. MARGAROLI (listed on the source deed as Judith R. Wilson) AND ENRIco
MARGAROLI, husband and wife (hereinafter referred to as "Sellers "), with an address of 6716
Dublin Road, Dublin, Ohio 43017. Purchaser and Sellers are referred to individually herein as
"Party" and collectively as "Parties."
Recitals
WHEREAS, the Sellers are the owner of a single family home located at 6716 Dublin,
Road, Dublin, Ohio, Franklin County, parcel no. 273 - 000271 and consisting of 1.5 acres, more
or less, located east of High Street, North of Dublin - Grandville Road and located west of and
immediately adjacent to the Scioto River (the "Property ");
WHEREAS, Purchaser has established a goal by its City Council to acquire park land
along the Scioto River and the Bridge Street District Vision Planning supports the use of the
Property for park purposes thus supporting the acquisition of the Property from Sellers to be held
by Purchaser as public parkland, the Property described in the legal description attached hereto
as Exhibit A; and
WHEREAS, Purchaser agrees to purchase the Property described in Exhibit A, and
Sellers agree to sell the Property to Purchaser pursuant to the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, agreements, and
covenants herein contained, the Parties agree as follows:
Provisions
1. Price and Consideration
Purchaser shall pay to Sellers the sum of Eight Hundred Fifty Thousand Dollars
($850,000) which sum shall constitute the entire amount of compensation due Sellers for: (a) the
Property and (b) Sellers' covenants set forth herein.
2. Real Estate Taxes and Assessments.
Seller shall pay or credit against the purchase price all delinquent real estate taxes,
together with penalties and interest thereon, all assessments which are a lien against the Property
as of the Closing Date (both current and reassessed, whether due or to become due and not yet
payable), all real estate taxes for years prior to closing, real estate taxes for the year of Closing,
and per a separate lease agreement entered into by the Parties, a copy of which is attached hereto
and incorporated herein as Exhibit B, where the Purchaser agrees to lease back the Property to
Page 1 of 7
0127219.0608226 4836 - 8435- 1260v1
the Sellers for a period of twenty four (24) months. Purchaser shall receive a credit for the term
of the lease at closing on the Property for the real estate taxes on the Property improvements,
which equals Seventy -Three percent (73 %) of the current tax value estimated at the current tax
rate prorated through the Lease Termination Date. The City shall be responsible for all taxes on
the land which equals Twenty Seven percent (27 %) of the current tax value. The proration of
undetermined taxes shall be based upon a three hundred sixty -five (365) day year and on the last
available tax rate, giving due regard to applicable exemptions, recently voted millage, change in
tax rate or valuation (as a result of this transaction or otherwise), etc., whether or not the same
have been certified. It is the intention of the Parties in making this tax proration to give
Purchaser a credit as close in amount as possible to the amount which Purchaser will be required
to remit to the County Treasurer for the period of time preceding the Lease Termination Date.
Upon making the proration provided for herein, Seller and Purchaser agree that the amount so
computed shall be subject to later adjustment should the amount credited at Closing be incorrect
based upon actual tax bills received by Purchaser after Closing. Seller warrants and represents
that all assessments now a lien are shown on the County Treasurer's records and that to the best
of Seller's knowledge, no improvement, site or area, has been installed by any public authority,
the cost of which is to be assessed against the Property in the future. Seller further warrants and
represents that neither Seller nor any of its agents, employees or representatives have received
notice, oral or written, or have knowledge of any proposed improvement, any part of the cost of
which would or might be assessed against the Property. The covenants and agreements set forth
in this Agreement shall not be cancelled by performance under this Agreement, but shall survive
the Closing and the delivery of the deed of conveyance hereunder;
3. Deed to Transfer
Sellers, upon fulfillment of all the obligations and terms of this Agreement, shall sell and
convey to Purchaser, its successors and assigns, the property which is more particularly
described in Exhibit A. If the rights, titles and estates described in Exhibit A constitute the fee
simple in, to and of the real property, then such sale and conveyance by Sellers shall be by a
good and sufficient general warranty deed with, if applicable, full release of dower. In the event
the rights, titles, and estates described in Exhibit A constitute something less than the fee simple
of the real property, then such sale and conveyance by Sellers shall be by a good and sufficient
deed or other instrument regularly and ordinarily used to transfer such lesser rights, titles and
estates with, if applicable, full release of dower.
4. Supplemental Instruments
Sellers agree to execute any and all supplemental instruments or documents necessary to
vest Purchaser with the rights, titles and interests described in Exhibit A.
5. Warranty of Title
Sellers shall, and hereby do, warrant that the property described in Exhibit A is free and
clear from all liens and encumbrances whatsoever, except: (a) easements, restrictions, conditions
and covenants of record; (b) all legal highways; (c) zoning and building laws, ordinances, rules
and regulations; and (d) any and all taxes and assessments not yet due and payable.
Page 2 of 7
6. Elimination of Others' Interests
Sellers shall assist, in whatever manner reasonably possible under the circumstances, to
procure and deliver to Purchaser releases and cancellations of any and all other rights, titles and
interests in the property described in Exhibit A, such as, but not limited to, those belonging to
tenants, lessees, mortgagees or others now in possession or otherwise occupying the subject
premises, and all assessment claims against said property.
Sellers and Purchaser agree that if a mortgagee of Sellers or of a predecessor in title fails
to cooperate with the efforts to obtain a release of that mortgagee's mortgage lien secured by the
property described in Exhibit A, then and in that event this Agreement shall become null and
void and the parties to this Agreement shall be discharged and released from any and all
obligations created by this Agreement; for the purposes of this provision, the term "fails to
cooperate" shall include a demand or request by any such mortgagee for a fee to process such a
release of that mortgagee's mortgage lien that Purchaser, in its sole discretion, deems to be
excessive. Sellers shall cooperate with all pre - acquisition due diligence by the Purchaser.
7. Offer to Sell
If Purchaser executes this Agreement prior to Sellers, then this Agreement shall
constitute and be an offer to purchase by Purchaser that shall remain open for acceptance by
Sellers for a period of seven (7) days immediately subsequent to the date on which Purchaser
delivers such executed Agreement to Sellers. Upon Sellers' acceptance and execution of this
Agreement within said period of seven (7) days, this Agreement shall constitute and be a valid
Contract for Sale and Purchase of Real Property that is binding upon the Parties. This section is
still subject to the contingencies in paragraph 8 herein.
8. Closing Date
The consummation and closing of this Agreement shall occur at such time and place as
the Parties may agree, but no later than thirty (30) days after Sellers notify Purchaser in writing
that Sellers are ready to consummate and close this Agreement. Provided, however, in no event
shall such consummation and closing occur more than Seventy Five (75) days after the last date
on which one of the Parties executes this Agreement.
9. Condition Precedent to City's Obligation to Close; City Council Approval
Purchaser's obligation to consummate the transaction contemplated by this Agreement is
subject to, and contingent upon Purchaser obtaining the approval of its City Council. If
Purchaser has not obtained such City Council approval by such time as is required to
consummate this Agreement, this Agreement shall automatically terminate, and neither party
shall thereafter have any further rights, duties, or obligations hereunder.
Page 3 of 7
10. Physical Possession of Land and Improvements
Sellers may occupy the property for up to two year from date of closing. The Parties
shall enter into a separate lease agreement reflecting all the terms and conditions for the period of
occupancy a copy of which is attached hereto and incorporated herein as Exhibit `B ".
11. Control of Property Occupied by Sellers
Control of property occupied by Sellers shall be retained by Purchaser on the date
Purchaser tenders the purchase price to Sellers. From that date forward, Purchaser shall retain
full access rights to any portion of the property for whatever purpose.
12. Binding Agreement
Any and all of the terms, conditions, and provisions of this Agreement shall be binding
upon and shall inure to the benefit of Sellers and Purchaser and their respective heirs, executors,
administrators, successors and assigns.
13. Multiple Originals
This Agreement may be executed in two or more counterparts, each of which will be
deemed an original, but all of which together shall constitute but one and the same instrument.
14. Entire Agreement
This instrument contains the entire agreement between the Parties, and it is expressly
understood and agreed that no promises, provisions, terms, warranties, conditions or obligations
whatsoever, either expressed or implied, other than herein set forth, shall be binding upon either
Sellers or Purchaser.
15. Amendments and Modifications
No amendment or modification of this Agreement shall be valid or binding upon the
Parties unless it is made in writing, cites this Agreement and is signed by Sellers and Purchaser.
16. Governing Law
This Agreement shall be governed by the laws of the State of Ohio, and the venue for any
claim relating to said Agreement shall be an applicable Court in Franklin County, Ohio.
(Sellers' signatures and acknowledgement on the following page)
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the
date(s) indicated immediately below their respective signatures.
PURCHASER
THE CITY OF DUBLIN, OHIO
AN OHIO MUNICIPAL CORPORATION
Marsha I. Grigsby, City Manager
STATE OF OHIO
COUNTY OF
. ss.
BE IT REMEMBERED, that on this — day of , 2014, before me, the
subscriber, a Notary Public in and for said state, personally appeared MARSHA I. GRIGSBY, City
Manager of the City of Dublin, Ohio, an Ohio municipal corporation, the Purchaser in the
foregoing Agreement, and acknowledged the signing thereof to be his/her voluntary act and deed
for and on behalf of the City of Dublin, Ohio.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
Page 5 of 7
SELLERS
STATE OF OHIO
COUNTY OF
JUDITH R. WILSON, WIFE
ENRICo MARGAROLI, HUSBAND
: ss.
BE IT REMEMBERED, that on this _ day of , 2014, before me, the
subscriber, a Notary Public in and for said state, personally appeared JUDITH R. WILSON AND
ENRIco MARGAROLI, husband and wife, the Sellers in the foregoing Agreement, and
acknowledged the signing thereof to be their voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
Page 6 of 7
EXHIBIT A
Situated in the State of Ohio, County of Franklin and in the Township of Washington and
bounded and described as follows:
Being in Survey No. 2542, VIRGINIA MILITARY LANDS, and being a part of Lot Number
Five (5), in the subdivision of the ALBERT CHAPMAN'S LAND, of record in Complete
Record 102, page 136, Franklin County Records and being more particularly described as
follows:
Beginning at a spike in the center of Dublin - Bellepoint Road, at the southwest corner of land of
Donna M. Frambes; thence with the south line of the Frambes land, East 538 feet to the west
bank of the Scioto River, passing an iron pin on line at 31.9 feet and another iron pin on line at
528 feet; thence southerly, along the bank of the river 121 feet to a point in a line 121 feet south
of and parallel to the south line of the Donna Frambes Land; thence with said line West 542 feet
to a point in the Dublin - Bellepoint Road; passing an iron pin on line at 10 feet and another iron
pin on line at 510.1 feet; thence North 2 degrees 50' W. along the Dublin - Bellepoint Road 121
feet to the place of beginning, containing 1 %2 acres, more or less.
Together, with and including an easement for ingress and egress as set forth in Deed of Easement
dated March 26, 1983 and recorded in Official Record Volume 2616, page J -12, Recorder's
Office, Franklin County, Ohio.
Page 7 of 7
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease ") is made and entered into on this _ day of
, 2014 ( "Effective Date "), by and between the City of Dublin, Ohio, an Ohio
municipal corporation ( "Landlord "), whose address is 5200 Emerald Parkway, Dublin, Ohio
43017, and JuDiTH R. MARGAROU AND ENRico MARGAROLI, ( "Tenants "), whose address is
6716 Dublin Road, Dublin, Ohio 43017.
WITNESSETH:
WHEREAS, pursuant to a certain Real Estate Purchase Agreement dated
2014 ( "Purchase Agreement"), Landlord purchased from Tenants the real property and
improvements thereon legally described on Exhibit "A ", attached hereto and made a part hereof
(the "Property ");
WHEREAS, upon the closing of the sale and purchase of the Property, Landlord has
agreed to lease back to the Tenants the Residential Home on the Property (the "Premises "); and
WHEREAS, Landlord and Tenants desire to execute this Lease to define the rights and
obligations of each party with respect to such lease term, as herein set forth.
NOW, THEREFORE, for valuable consideration, the amount and sufficiency of which
are hereby acknowledged, Landlord and Tenants agree as follows:
1. PROPERTY Landlord hereby leases to Tenants rent free, and Tenants hereby
lease from Landlord, rent free, the exclusive right to the Premises and nonexclusive right to the
remaining Property. This lease shall be considered for the purposes of consideration as part of a
sale of the Property by Tenants to the Landlord.
2. DEFINED PROPERTIES AND USE Tenants shall continue in possession of the
Tenants' Property on the Closing Date, as defined in the Purchase Agreement, in its "as is"
condition. Tenants shall be permitted to use the Tenants Property only for residential purposes.
Tenants shall not sublet or assign the Tenants' Property or any part thereof, without the prior
written consent of Landlord.
Landlord shall have all ownership, control, and access rights to the remainder of the Property,
excluding the Premises following the Closing Date. Landlord rights include, but are not limited
to, the right to enter upon the Property for the purpose of making surveys, soundings, drillings,
appraisals, and examinations as are necessary, in the sole discretion of the Landlord. Tenants
may use the Landlord's Property so long as it does not interfere with the Landlord's ownership,
control, or rights. Landlord shall have access rights to the Property through the Tenants'
Property's current ingress and egress point. The Parties shall not in any way unreasonable block
the access points to the Property so as to prevent the other access to their respective property.
3. LEASE TERM The term of this Lease shall be for a period commencing on the
Closing Date, as that term is defined in the Purchase Agreement, and terminating on the last day
of the twenty fourth (24 consecutive full calendar month thereafter (the "Lease Term ").
4. EARLY TERMINATION RIGHTS Tenants shall have the right at any time
during the Term to terminate this Lease by providing written notice of the election to terminate
to Landlord (the "Termination Notice "). This Lease will terminate on the Thirtieth (30 day
after the date on which the Termination Notice is received by Landlord and both parties shall be
released from any and all liabilities under this Lease accruing after such termination.
5. REAL ESTATE TAXES. Tenants shall be responsible for the payment of the real
estate taxes and assessments charged against the Property Improvements up until the last day of
the Tenants occupying the Property and such estimated sum shall be credited to the Landlord at
the closing at the Property's current tax rate for improvements as outlined by the Franklin
County Auditor. Upon making the proration provided for in the Real Estate Purchase Agreement,
Seller and Buyer agree that the amount so computed shall be subject to later adjustment should
the amount credited at Closing be incorrect based upon actual tax bills received by Purchaser
after Closing. For example, the Property is taxed a total of Twelve Thousand Seven Hundred
Thirty Seven Dollars and Eighty -Two Cents ($12,737.82). Seventy -Five (75 %) percent or Nine
Thousand Five Hundred Fifty Three Dollars and Thirty Seven Cents ($9,553.37) of this amount
is attributed to "Improvements" per year. Based on the foregoing, the Purchaser shall receive a
credit of Nineteen Thousand One Hundred Six Dollars and Seventy Three Cents ($19,106.73),
subject to later adjustments as outlined herein.
The proration of undetermined taxes shall be based upon a three hundred sixty -five (365) day
year and on the last available tax rate, giving due regard to applicable exemptions, recently voted
millage, change in tax rate or valuation (as a result of the real estate purchase or otherwise),
whether or not the same have been certified.
6. TENANTS' DUTIES Tenants shall do the following during the Term hereof:
(a) Keep the Property safe and sanitary, perform all day to day maintenance on
the Property and dispose of all rubbish, garbage, and other waste in a clean, safe and
sanitary manner approved by Landlord;
(b) Use and operate all electrical and plumbing fixtures properly and maintain
the interior of the Property in a fit and habitable condition;
(c) Comply with the requirements under state and local housing, health and
safety codes that are applicable to Tenants, notwithstanding this language, Tenants will
not be required to make any improvements in association with this compliance;
(d) Personally refrain, and forbid any other person who is on the Property with
Tenants' permission, from intentionally or negligently destroying, defacing, damaging, or
removing any fixture, appliance or other component of the Property;
(e) Personally refrain, and forbid any other person who is on the Residence with
Tenants' permission, from intentionally or negligently destroying, defacing, damaging, or
removing any fixture, appliance or other component of the Property;
(f) Personally refrain, and forbid any other person who is on the Property with
Tenants' permission, from intentionally or negligently changing any of the characteristics
of the Property;
(g) Pay for all extermination costs necessary during the Term to keep the
Residence in a safe and habitable condition as contemplated under Dublin's codified
ordinances;
(h) Not unreasonably withhold consent for Landlord or its agents or
representatives to enter the residence, provided Landlord gives Tenants at least forty-
eight (48) hours notice prior to entry (except in cases of emergency), Landlord shall be
permitted to enter the residence in the event of an emergency;
(i) Tenants shall regularly test all smoke detectors and the supply of electrical
current thereto; and
0) Tenants shall be responsible for mowing the lawn and snow removal from the
sidewalks and any driveway on the Tenants' Property.
7. UTILITIES Tenants hereby agree that Tenants shall pay all of the charges
incurred for any and all utilities, i.e. gas, electric, water, telephone and cable, and services, i.e.
trash removal, consumed by Tenants on the Property.
8. INSURANCE Tenants shall, at its sole cost and expense, obtain and keep in full
force and effect from and after the Effective Date, a policy of renter's insurance insuring against
loss of, or damage to, Tenants' personal property, and a policy of liability insurance insuring
against personal injury or property damage occurring on the Property. All policies of insurance
maintained by Tenants with respect to the Property shall be primary and shall name Landlord as
an additional insured or loss payee, as appropriate. Tenants shall provide Landlord with proof of
such insurance simultaneously with execution of this Lease and thereafter at any time during the
Term within fifteen (15) days after Landlord's request.
9. FIRE OR OTHER CASUALTY In the event of any fire or other casualty causing
material damage to the Property during the Term, this Lease shall terminate as of the date of such
fire or other casualty and Landlord shall not be held liable for any claim other than Landlord's
negligence associated with the fire or other casualty.
10. QUIET ENJOYMENT Landlord represents that it has full right and power to
execute this Lease to the Property leased herein and that Tenants, upon the performance of all of
the terms, conditions, and covenants herein contained, shall have, hold and peaceably enjoy the
Property during the full Term of this Lease, subject and subordinate to all of the terms,
covenants, and conditions of this Lease. Notwithstanding the foregoing, Tenants understand and
agree that Landlord has the right to enter upon pursuant to Section 2. herein. Tenants shall retain
access to the Property, but Tenants hereby holds Landlord harmless for any other negative
impacts, perceived or otherwise, due to Landlord's use of the Property.
11. WHEN LANDLORD MAY ENTER PREMISES Landlord, or Landlord's agents
or representatives, may peacefully enter the Residence, upon forty -eight (48) hours prior notice
during reasonable times for any reasonable purpose, provided Tenants is present. Landlord
reserves the right to enter the Residence without notice in case of emergency. Landlord reserves
the right to enter by other means if locks have been changed without Landlord's prior written
approval.
12. BROKERS Each party represents and warrants to the other party that in this
transaction it has dealt with no real estate brokers, and each party shall indemnify and hold
harmless the other party from all damages resulting from any claims that may be asserted against
the other party by any broker, finder, or other person, with whom the other party has or
purportedly has dealt.
13. WAIVER OF JURY TRIAL THE RESPECTIVE PARTIES HERETO WAIVE
TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY EITHER OF THE
PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE
RELATIONSHIP OF LANDLORD AND TENANTS, TENANTS' USE OR OCCUPANCY OF
SAID PROPERTY, AND ANY EMERGENCY STATUTORY OR ANY OTHER
STATUTORY REMEDY.
14. DEFAULT BY TENANTS In the event Tenants are in default of any of the terms
or obligations of the Lease, violate and/or fail to comply with any of the covenants, terms, or
conditions of the Lease, or any applicable laws, rules or ordinances, said default shall constitute
grounds for termination of this Lease and/or eviction by Landlord and Landlord shall have all
rights and remedies available to it under the terms of this Lease and applicable law. Landlord
shall provide Tenants with a notice of such default, and Tenants shall have fifteen (15) days to
cure said default prior to lease termination. Tenants shall be and remain jointly and severally
liable for the obligations to perform hereunder and for any expense incidental to cleaning costs
beyond normal wear and tear, trash removal, utilities, or any other damages and costs which
Landlord has sustained by virtue of Tenants' use and occupancy of the Property and/or default
under this Lease.
15. LEAD BASED PAINT WARNING Housing built before 1978 may contain lead -
based paint. Lead from paint, paint chips and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and pregnant women. Tenants
acknowledge receipt of the federally approved pamphlet on lead poisoning prevention and have
been given the opportunity to read it prior to executing this Lease.
16. SMOKE DETECTORS Tenants acknowledge that there are smoke detectors in
the Property. Tenants also acknowledge that it is Tenants' responsibility to check the smoke
detectors and to replace the batteries as needed. Tenants shall not remove the batteries or
disable the smoke detectors. Tenants must promptly inform Landlord of any defects or
problems with smoke detectors.
17. PROPERTY CONDITION UPON SURRENDER. Tenants shall, at the time of
vacating the Premises and Property, remove all trash from the Premises and Property. If the
cleaning and removal of trash is not accomplished by Tenants, Landlord shall perform such
cleaning and trash removal at Tenants' expense. Upon vacating the Premises and Property,
Tenants shall deliver all keys to the Tenants' Property to Landlord to at the address below:
City of Dublin
Attention: Marsha Grigsby, City Manager
5200 Emerald Parkway
Dublin, Ohio 43017
18. INVALIDITY In the event that any provision of this Lease shall be held to be
invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this
Lease.
19. GOVERNING LAWS This Lease is being executed and delivered in the State of
Ohio and shall be construed and enforced in accordance with the laws of the State of Ohio. For
all litigation, disputes and controversies which may arise out of or in connection with this Lease.
20. ENTIRE AGREEMENT This Lease constitutes the entire contract between the
parties hereto, and may not be modified except by an instrument in writing signed by the parties
hereto, and supersedes all previous agreements, written or oral, if any, of the parties.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day first
above written.
LANDLORD: TENANTS:
City of Dublin, Ohio,
an Ohio municipal corporation
C
ENRICO MARGAROLI
Marsha Grigsby, City Manager JUDITH R. MARGAROLI
EXHIBIT A