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67-01 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No...........G7-01 Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH WASHINGTON TOWNSHIP FOR A POLICE SUBSTATION LOCATED AT FIRE STATION 92, 4497 HARD ROAD, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City of Dublin has received a proposal from Washington Township that the City of Dublin formalize the lease of space at Washington Township Fire Station 92, located at 4497 Hard Road, for the purposes of housing a City of Dublin Police substation; and WHEREAS, the citizens and property owners within both the City and the Township will benefit from an improved level of safety services resulting from the sharing of facilities in this location. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City Manager is hereby authorized to enter into the Lease Agreement with the Township of Washington, attached hereto as Exhibit "A." Section 2. That there be appropriated from the unappropriated balance in the Safety Fund the amount of $40,000 to account 214-0810-750-2330 for this purpose. Section 3. That this Ordinance shall be effective upon the earliest date permitted by law. r Passed this day of , 2001. M r -Presiding Officer Attest: Clerk of uncil 1 hereby certify that copies of this Ordinance/Resoiution were posted in thf Cty of aublin in accordance w,itn~ Section y31.2S of the {1t+io Revised Code. ~51~ , G2c~jy~ Clprkaf Cc?untif. Dttbtin. Ohin LEASE AGREEMENT This Lease Agreement, is made and entered into at Dublin, Ohio, to be effective as of the 5th day of February, 2000 (the "Effective Date"), by and between The City of Dublin, Ohio, an Ohio municipal corporation ("Tenant") and The Township of Washington, Ohio, an Ohio Township ("Landlord"). RECITALS: A. Landlord is the owner of certain real property located at 4497 Hard Road, Dublin, Ohio 43017, which property is improved with a fire and emergency medical service station/facility known as Station #92 (collectively, the "Property"). B. The Property contains an approximate 219 ~ square foot room which has been designed and improved for use as a police substation (the "Premises"). C. Tenant desires to lease the Premises from Landlord and Landlord is willing to so lease the Premises to Tenant upon the following terms and conditions. D. Landlord and Tenant desire to enter into this Agreement in order to establish the respective rights and responsibilities of each party with respect to the Property and Premises. AGREEMENT ARTICLE I -LEASE OF PREMISES 1.01 -Lease of Premises. Landlord, in consideration of the rents and covenants hereinafter set forth, does hereby demise, let and lease to Tenant, and Tenant does hereby hire, take and lease from Landlord, on the terms and conditions hereinafter set forth, the Premises. ARTICLE II -TERM 2.01 -Term. The term of this Lease shall commence on the Effective Date and shall expire on the twenty first Lease Year thereafter (the "Term"); unless the Term is extended, modified or terminated as provided elsewhere herein. For purposes of this Lease, the phrase "Lease Year" means the period from January 1 to the immediately following December 31; provided, however, the first Lease Year of this Lease shall be the period from the Effective Date to December 31, 2000. -1- 2.02 -Surrender of the Premises. Upon the expiration or earlier termination of this Lease Tenant shall promptly surrender the Premises to Landlord in broom-clean condition and in good order, condition and repair. Upon such expiration or termination, provided Tenant is not in default hereunder, Tenant shall have the right to remove its personal property and trade fixtures from the Premises. ARTICLE III -RENT 3.01 -Rent. Tenant shall pay to Landlord as Base Rent for the Premises the ~ following amounts, in advance, without demand or set-off: (i) $1.00 for the first Lease Year, (ii) $40,000 for the second Lease Year, and (ii) $1.00 for each Lease Year thereafter. ARTICLE IV -USE 4.01 -Specific Use. The Premises may be occupied and used for a police substation and for no other purpose without Landlord's prior consent. Tenant shall comply with all laws, statutes, ordinances, rules, regulations and orders of any federal, state, municipal or other government or agency thereof having jurisdiction over and relating to the use and occupancy of the Premises. Such obligations shall include the obligation to install, at Tenant's expense, any equipment or make any other capital improvement to the Premises which is required by a law or governmental regulation, regardless of whether such law or regulation was z in effect prior to, during or after the Commencement Date. ARTICLE V -UTILITIES AND OTHER SERVICES 5.01 -Utilities. Tenant shall pay all costs associated with telephone service for the Premises or utilized by Tenant or employees of Tenant. Otherwise, Landlord agrees, at its cost, to provide ordinary and customary utility services to the Premises. Should Tenant consume or require utility services in excess of the ordinary and customary service provided by Landlord, Tenant shall pay Landlord for such excess services in an amount determined by Landlord and Tenant pursuant to good faith negotiations regarding the same. 5.03 - Interruptions of Utility Services. Landlord shall not be liable to Tenant in damages or otherwise (i) if any utilities shall become unavailable from any public utility company, public authority or any other person supplying or distributing such utility, or (ii) for any interruption in any utility service (including, without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control. -2- ARTICLE VI -REPAIRS, MAINTENANCE, ALTERATIONS, IMPROVEMENTS AND FIXTURES 6.01 -Repair and Maintenance of Propertv. Landlord shall keep and maintain the Property in good order, condition and repair. Tenant shall keep and maintain all non-structural portions of the Premises in good order, condition and repair. 6.02 -Alterations or Improvements. Tenant shall not make any alterations or improvements to the Premises without Landlord's prior consent. Any alterations or improvements to the Premises, except movable equipment and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant, unless Landlord so requests. 6.03 -Trade Fixtures. Any trade fixtures installed in the Premises by Tenant may be removed upon expiration or earlier termination of this Lease, provided that Tenant repairs, at its own expense, any and all damage to the Premises resulting from such removal. ARTICLE VII -FIRE OR OTHER CASUALTY: CASUALTY INSURANCE 7.01 -Substantial Destruction of the Premises. If the Property should be substantially destroyed or damaged (which as used herein means destruction or material damages not resulting from the intentional or willful acts of Tenant which prevent Tenant from using the Premises for the conduct of its business and which is reasonably estimated to take in excess of 180 days to repair) by fire or other casualty, then Landlord may, at its option, terminate this Lease by giving written notice thereof to Tenant within 30 calendar days after the date of such casualty. In such event, rent shall be apportioned to and shall cease as of the date of such casualty and Tenant shall be given a reasonable period of time, not to exceed 30 calendar days, in which to remove its trade fixtures and personal property, whereupon both parties shall be released from all further obligations and liability hereunder (except for any obligations previously incurred hereunder). If Landlord does not exercise this option, then the Premises shall be reconstructed and restored, at Landlord's expense (but only to the extent of insurance proceeds available to Landlord as a result of such casualty), to substantially the same condition as it was prior to the casualty. In the event of such reconstruction, rent shall not be abated and this Lease shall continue in full force and effect for the balance of the Term. 7.02 -Partial Destruction of the Premises. If, prior to the commencement of the last five years of the Term, the Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 7.01, then such damaged part of the Premises shall be reconstructed and restored, at Landlord's expense (but only to the extent of insurance proceeds available to Landlord as a result of such casualty), to substantially the same condition as it was prior to the casualty. Landlord shall use reasonable diligence in completing such reconstruction repairs, but in the event Landlord fails to complete the same within 270 calendar days from the date of the casualty, Tenant may, at its option, terminate this Lease upon giving Landlord written notice to that effect, whereupon both parties shall be -3- released form all further obligations and liability hereunder (except for any obligations previously incurred hereunder). If, subsequent to the commencement of the last five years of the Term the Premises should be damaged by fire or other casualty, but not substantially destroyed or damaged to the extent provided in Section 7.01, then Landlord, at its option, may terminate this Lease by giving written notice thereof to Tenant within thirty calendar days after the date of such casualty. If Landlord does not exercise its option to terminate, then such damaged portion of the Premises shall be reconstructed and restored. 7.03 -Waiver of Subrogation. Landlord and Tenant hereby release each other and each other's employees, agents, customers and invitees from any and all liability for any loss, damage or injury to person or property occurring in, on or about or to the Property or Premises by reason of fire or other casualty which could be insured against under a standard fire and extended coverage insurance policy, regardless of cause, including the negligence of Landlord or Tenant and their employees, agents, customers and invitees. Because the provisions of this Section 7.03 preclude the assignment of any claim mentioned herein by way of subrogation or otherwise to an insurance company or any other person, each party to this Lease shall give to each insurance company which has issued to it one or more policies of fire and extended coverage insurance notice of the terms of the mutual releases contained in this Section 7.03 and have such insurance policies properly endorsed, if necessary, to prevent the invalidation of insurance coverages by reason of these mutual releases. The provisions of this Section 7.03 shall not apply to any deductibles which Tenant is permitted to maintain under Article IX hereof. 7.04 -Personal Property and Trade Fixtures. Tenant shall bear the sole risk of any loss of or damage to any personal property of Tenant or which Tenant may have on the Premises or any trade fixtures installed by or paid for by Tenant on the Premises. ARTICLE VIII -INSURANCE 8.01 -Landlord's Property Insurance. Landlord shall obtain, carry and keep in force a real property insurance policy which shall insure the Premises, against loss or damage by fire or other peril, including all the hazards, perils and risks against which insurance is afforded by an "all risks" insurance policy. The policy shall be issued by an insurance carver authorized to transact business in Ohio, and in such amount as Landlord considers to be the full replacement value necessary to restore the Premises as provided in Section 7.01. Landlord may elect to self- insure its obligations hereunder and/or use whatever deductibles as Landlord deems appropriate, in its sole discretion. 8.02 -Landlord's Liability Insurance. Landlord shall obtain, carry and keep in force a policy of comprehensive or general liability and property damage insurance in the amount of $2,000,000 which shall insure Landlord against any liability or claim for personal injury, wrongful death or property damage for which it is responsible under this Lease or by law. Said ,f,~ policy shall include contractual liability insurance recognizing the liability assumed in Section 8.05 below. -4- 8.03 -Tenant's Insurance. Tenant shall, at its expense, obtain, carry and keep in force a policy of comprehensive or commercial general liability and property damage insurance and fire and extended coverage insurance which shall be issued by an insurance carrier authorized to transact business in Ohio. Said policy shall include contractual liability insurance recognizing the liability assumed in Section 8.05 below, and shall insure both Tenant and Landlord, as their interests may appear, against any liability or claim for personal injury, wrongful death or property damage for which Tenant is responsible under this Lease or by law, and which shall have coverages in the following minimum amounts, respectively: Worker's Compensation. Minimum statutory amount. Commercial general liability insurance, Not less than $2,000,000 combined including blanket contractual liability, personal single limit for both personal injury injury, completed operations, commercial liquor and property damage. liability, products liability and fire damage inclusive of fire legal liability. Property insurance insuring Tenant's property Replacement cost or such other against loss or damage by fire or other peril, amount as may be approved by including all the hazards, perils and risks against Landlord. which insurance is afforded by an "all risks" insurance policy. Employer's Liability. Not less than $500,000. Each such insurance policy shall name Landlord as an additional insured and shall provide that it may not be amended or canceled upon less than thirty (30) days' prior written notice to Landlord and such certificate shall also contain a clause which states that insurance afforded is primary over any and all collectable insurance. Tenant shall furnish to Landlord a certificate of insurance evidencing such coverages. 8.04 -Waiver of Subro ag tion. Each party hereby waives claims arising in any manner in its favor and against the other party for loss or damage to the injured party's property located at or within or constituting a part or all of the Premises. This waiver applies to the extent the loss or damage is covered by the injured party's insurance or the insurance the injured party is required to carry under this Article VIII, whichever is greater. This waiver also applies to each party's directors, officers, employees, shareholders, members, partners and agents. This waiver does not apply to claims caused by a party's willful misconduct. Since this mutual waiver will preclude the assignment of any such claim by subrogation or otherwise to an insurance company, each party shall give to its insurance carrier written notice of the waiver of subrogation contained in this Section 8.04, and shall have its insurance policy properly endorsed, if necessary, to prevent the invalidation of such policy by reason of such waiver of subrogation. For purposes of : the foregoing waiver, the amount of any deductible applicable to any loss or damage shall be -5- h, deemed covered by, and recoverable by the insured under, the insurance policy to which such deductible relates. 8.05 - Indemnity. Tenant shall indemnify, defend, protect and hold Landlord harmless against any damage, liability, loss or expense, including reasonable attorneys' fees, resulting from the injury to or death of any person or the loss or damage to any merchandise or property arising out of (a) Tenant's breach of this Lease or (b) the negligence or willful misconduct of Tenant or Tenant's authorized agents, employees or contractors, except to the extent such damage, liability, loss or expense is caused or contributed to by any negligence of Landlord or its authorized agents, employees or contractors. Landlord shall indemnify, defend, protect and hold Tenant harmless against any damage, liability, loss or expense, including reasonable attorneys' fees, resulting from the injury to or death of any person or the loss or damage to any merchandise or property arising out of (a) Landlord's breach of this Lease or (b) the negligence or willful misconduct of Landlord or Landlord's authorized agents, employees or contractors, except to the extent such damage, liability, loss or expense is caused or contributed to by the negligence of Tenant or its authorized agents, employees or contractors. The provisions of this Section as to property damage shall be subject to the provisions of Section 8.04 regarding waivers of subrogation. ARTICLE IX -EMINENT DOMAIN 9.01 -Total and Partial Taking. If the whole or any part of the Premises shall be taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which it was leased, as reasonably determined by Landlord, then Landlord or Tenant may, at its respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Premises. In such event, rent shall be apportioned to and shall cease as of the date Tenant is required to surrender possession of the Premises, and both parties shall be released from all further obligations and liability hereunder (except for any obligations previously incurred hereunder). If a part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, as reasonably determined by Landlord, then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession and Landlord shall make such repairs, alterations and improvements as maybe necessary to render the part not taken or conveyed tenantable. 9.02 -Condemnation Proceeds. All compensation awarded for any taking or conveyance in lieu of such taking shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all of its right, title and interest in and to any such award. However, Tenant shall have the right to receive from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses. -6- ARTICLE X -LIENS If, because of any act or omission of Tenant or anyone claiming by, through or under Tenant, any mechanic's lien or other lien shall be filed against the Premises, Tenant shall, at its own expense, cause such lien to be discharged or bonded of record within a reasonable time, not to exceed sixty calendar days after the date of filing thereof, and shall also indemnify Landlord and hold it harmless from any and all claims, losses, damages, judgments, settlements resulting therefrom or by reason thereof. ARTICLE XI -ASSIGNMENT AND SUBLETTING Tenant will not assign, transfer, mortgage or otherwise encumber this Lease or the Properties or sublet all or any portion of the Premises (voluntarily, by operation of law or otherwise) without obtaining the prior written consent of Landlord, which consent Landlord shall have no obligation to give. Unless otherwise provided, the consent of Landlord to any assignment shall not be construed as a waiver or release of Tenant from the terms, covenants and obligations under this Lease. ARTICLE XII -DEFAULTS AND REMEDIES w 12.01 -Defaults by Tenant. The occurrence of any one or more of the following events shall be a default and breach of this Lease by Tenant: (i) Tenant shall fail to pay any installment of Base Rent within ten days following written notice from Landlord specifying such failure provided that after Landlord has given two such notices in any twelve month period, it shall not be required to give further notice to Tenant, and any subsequent failure to pay Base Rent within ten days after the due date may immediately be deemed a default by Tenant, (ii) Tenant shall fail to perform or observe any other term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty calendar days after notice thereof from Landlord specifying such failure; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty day period and thereafter diligently undertakes to complete the same and does complete the same, or (iii) Tenant shall vacate or abandon, or fail to occupy for a period of thirty calendar days or more, the Premises. 12.02 -Landlord's Remedies. Upon the occurrence of any event of default set forth in §12.01, Landlord shall have the right to terminate this Lease as of the date of such default, in which event: (i) neither Tenant nor any Person claiming under or through Tenant shall thereafter be entitled to possession of the Premises, and Tenant shall immediately thereafter ` surrender the Premises to Landlord; and (ii) Landlord may re-enter the Premises and dispossess F~" Tenant or any other occupants of the Premises by summary proceedings, ejectment or otherwise, and may remove their effects. -7- The rights and remedies of Landlord set forth herein shall be in addition to any other right and remedy now or hereinafter provided by law and all such rights and remedies shall be cumulative. 12.03 -Defaults by Landlord. Landlord shall be in default and breach of this Lease if Landlord shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty calendar days after notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty day period and thereafter diligently undertakes to complete and does complete the same. 12.04 -Tenant's Remedies. Upon the occurrence of an event of default set forth in § 12.03, Tenant may, without waiving or releasing Landlord from any obligation or liability hereunder, make such payment or perform such obligation and deduct said payment or the expense of fulfilling any such obligation from subsequent rental payments due hereunder or make demand upon Landlord for reimbursement of said sum. 12.05 -Non-Waiver of Defaults. The failure or delay by Landlord or Tenant to enforce or exercise at any time any of the rights or remedies or other provisions of this Lease shall not be construed to be a waiver thereof, nor affect the validity of any part of this Lease or the right of Landlord or Tenant, as the case may be, thereafter to enforce each and every such right or remedy or other provision. No waiver of any default and breach of this Lease shall be held to be a waiver of any other default and breach. ARTICLE XIII -NOTICES 13.01 -Notices. Any notice or other communication required or permitted to be given to a party under this Agreement shall be in writing, unless otherwise specified in this Agreement, and shall be given by one of the following methods to such party at the address set forth at the end of this § 13: (i) it maybe sent by registered or certified United States (US) mail, return receipt requested and postage prepaid, or (ii) it may be sent by ordinary US mail or delivered in person or by courier, telecopier, telex or any other means for transmitting a written communication. Any such notice shall be deemed to have been given as follows: (y) when sent by registered or certified United States mail, as of the date of delivery shown on the receipt, or if not determinable, as of the second Business Day after it was mailed; and (z) when sent or delivered by any other means, upon receipt. Either party may change its address for notice by giving written notice thereof to the other party. The address of each party for notice initially is as follows: -8- Landlord: Tenant: The Township of Washington, Ohio City of Dublin 6279 Shier Rings Road 5200 Emerald Parkway Dublin, Ohio 43017-1006 Dublin, Ohio 43017 Attn: Township Administrator Attn: City Manager Fax No.: 614/766-2507 Fax No.: 614/889-0740 ARTICLE XIV -BROKERS Each party hereby represents and warrants to the other party that it has no knowledge of any agreement, understanding or fact which would entitle any real estate broker, finder or other person, to any commission, fee or other compensation as a result of this transaction. Each party hereby agrees to indemnify, defend and hold harmless the other party from and against any liability, cost or expense, including attorneys' fees, as a result of any claim for a commission, fee or other compensation made by any real estate broker, finder or other person and asserted against any other party by reason of an arrangement made or alleged to have been made by the indemnifying party. ARTICLE XV -MISCELLANEOUS GENERAL PROVISIONS 15.01 -Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Ohio. 15 02 -Successors and Assigns; Joint and Several Obligations. This Lease and the respective rights and obligations of the parties here to shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves. 15.03 - Severability of Invalid Provisions. If any provision or term of this Lease shall be held to be void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 15.04 -Certain Words; Gender and Headings. As used in this Lease, the word "Person" shall mean and include, where appropriate, an individual, corporation, partnership or other entity; the plural shall be substituted for the singular and the singular for the plural, where appropriate; and words of any gender shall include any other gender. The topical headings of the several sections of this Lease are inserted only as a matter of convenience and reference, and do not affect, define, limit or describe the scope or intent of this Lease. 15.05 -Memorandum of Lease; Recording. If requested by either party, a Memorandum of Lease shall be prepared, executed and filed for record to evidence, of record, -9- ~••e Tenant's interest in the Premises; but this Lease, or a copy thereof, shall not be recorded (other than in connection with the enforcement hereof in the event of a default hereunder). 15.06 -Quiet Enjoyment. Subject to easements, conditions, reservations, restrictions and other matters of record, so long as Tenant pays the rent and performs or observes all of the terms, conditions, covenants and obligations of this Lease required to be performed or observed by it hereunder, Tenant shall at all times during the term hereof have the peaceable and quiet enjoyment, possession, occupancy and use of the Premises without any interference from Landlord or any person or persons claiming the Premises by, through or under Landlord. 15.07 -Complete Agreement; Amendments. This Lease, including all exhibits, if any, constitutes the entire agreement between the parties hereto; it supersedes all previous understandings and agreements between the parties and no oral or implied representation or understandings shall vary its terms; and it may not be amended except by a written instrument executed by both parties hereto. 15.08 -Consent. Except as may otherwise be provided in this Lease, whenever a party is entitled to exercise some right under this Lease only with the prior consent or approval of the other party, such consent or approval shall not be unreasonably withheld, delayed or conditioned. 15.09 -Premises "As Is." Tenant acknowledges and agrees that: (i) Tenant is leasing the Premises "as is" and is relying upon Tenant's examinations with reference to the condition, character, quality, appearance and environmental state of the Premises and (ii) Landlord and Landlord's agents have not made any express or implied representations, warranties, promises or covenants with respect to the Premises or Tenant's use thereof, whether written or oral, except as maybe otherwise set forth in this Lease. -10- _~.~m~.. ~..w.~_..~.u~.m. M ~ -....M..~ IN WITNESS WHEREOF, the parties hereto have executed or caused. this Lease to be executed to be effective as of the Effective Date. Signed and acknowledged in LANDLORD: the presence of the following two witnesses: The ship Washington, Ohio ~ B (sig tore of 'tress #1) Cigna e) (p ' ted n of witness #1) (printed name) ~ Its: 1.~~ ~`F~c (signature fitness #2) (title) (printed name of witness #2) STATE OF OHIO ) SS: COUNTY OF FRANKi,IN ) The foregoing instrument was cknowledged before me this ~~`day of r r , 2001 by M ~C N KlE L g e ~1 A ~1 ,the ~ r-~,~s+~e ~ of The Township of Washington, Ohio, an Ohio township, on behalf of the township. Notary Pi~ ' Cs'~~,, o ~ ANNA G. WORMAN ; :f Notary Public, State of Ohio a~s My Commission Expires ~ o2/-d . rF .oF r:,.~ -11- Signed and acknowledged in TENANT: the presence of the following two witnesses: The City of Dublin, Ohio By: (signature of witness #1) (signature) C (p ' ted ame of witness #1) (p ' ted name) ' Its: r (sign a of wi s #2) (titl Ul3tll3, 0{~iU ~y~~ (printed name of witness #2) STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) The foregoing trument was acknowledged before me this 3 ~ day of d y a ~ , 2001 b ~ae~ C a ,the L',~ ~ of the City of Dublin, an Ohio municipal c rporation, on ehalf of the municipal corporation. E o Notaty\ LINDA L. GILUAM _ - w NOTARY PUBUC, STATE ~ OHS , MY COMMISSION EXPIRES SEPf.12, 2001 w~. wwr „~.m-,. 02/13/01 - 8743899 -12- ~ _ _ h_ CERTIFICATION OF FUNDS I hereby certify that the funds required to meet the City's obligation, payment or expenditure under this Contra ave been lawfully appropriated or authorized for such purpose and are in the ~Jcn~- fund and are free from any obligation now outstanding. 6 Dir for of Finance Date