Granville Community Calendar

Ordinance 30-1993

ORDINANCE NO. 30-93
1
BY: MQ.r*AL/1
AN ORDINANCE TO AUTHORIZE THE VILLAGE MANAGER TO ENTER
INTO A LEASE AGREEMENT WITH SENSIBILITIES, INC.,FOR LEASE
OF THE MUNICIPAL BUILDING LOCATED AT 118 SOUTH MAIN
STREET FOR A TERM OF FIVE YEARS WITH TWO FIVE YEAR
OPTIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE,
OHIO, that:
Section I: The Manager should be, and hdreby is directed and authorized to
enter into a certain lease agreement substantially in the form of
that which is attached hereto, marked "Exhibit A",and made a part
thereof.
Section 11: This ordinance shall take effect and be in full force from and after
the earliest period allowed by law.
Passed this
Attest:
11D- day of \
3e£
rautl_f
O
l.6 .MG-Qub Clerk of Council /
Approved as to Form:
t d I #Ek*,
Law Director
1994.
Mayor
AGREEMENT OF LEASE
The Village ofGranville,Ohio,h (ereinafter,Lessor,Landlord,orMunicipalitya),nd Sensibilities,Inc.,h e(reinafter,
Lessee or Tenant)h,ereby agree as follows:
1.0 Leased Premises:
Landlord,in consideration of the rents to be paid,the representations of Lessee set forth herein and the covenants to
be performed by Lessee hereunder,leases to Lessee and Lessee,in consideration of the representations of Landlord
set forth herein and the covenants to be performed by Landlord hereunder,leases from Landlord for the term
contained herein and subject to the representations,covenants and conditions established hereinafter the following described premises.-_ .
h.1 I
2.0 Term
L-
118 South Main Street
Granville,Ohio
The term of this lease is for five, 5( )c,alendar years commencing on April 1, 1994,and ending on March 31, 1999, subject to the options set forth in Section 2.1,below,A (d"ditional Termsa"n)d, Section 2.2,below,R e(s"trictions on Additional Terms").
2.1 Additional Terms:
If Lessee faithfully performs all obligations of Lessee as set forth herein the Lessee shall have the option to renew this lease for an additional five,5 ()y,ear period commencing April 1, 1999,and ending on March 31, 2004. In addition,if Lessee faithfully performs all obligations as set forth in this lease or in any lease instrument executed relative to the first additional term set forth above,1 (9992- 004)th,en Lessee shall have the option to renew this any subsequent lease for a second additional term of five, 5 (), or 31,2009. The options for additional years commencing April 1, 2004,and ending March terms are contingent upon the faithful performance ofall obligations imposed luepaosne.Lessee by this or any subsequent amendments to this lease and the restrictions set forth in Section 2.2 of this
Restrictions of Additional Terms:
In order for Lessee to exercise either ofthe options for an additional term set forth in Section 2.1,above,Lessee must notify Lessor in writing ofthe desire to exercise the option. Such notification shall be no earlier than one hundred eighty,1 (80)d,ays prior to the expiration ofthe then in effect lease term and not later than ninety,9 (0)d,ays prior the expiration of the then in effect lease term. to
3.0 Rent
Lessee will pay Landlord as rent for the premises during the term ofthis lease the base amount offortyf-our thousand four hundred dollars,4 4($,400.00.a)c,cording to the following schedule:
11' ' 1 1
22
I ''
A) FIRST 5 -YEAR TERM:
During the first three, 3 ()m, onths of this lease,no rent shall be due. During the second three, 3 ( )m,onths
of this lease,the sum offour hundred dollars,4 0(0$.00)p,er month. During the remaining fiftyf-our,5 (4),
months of the first lease term,the sum of eight hundred dollars, 8 (00.00)p,er month.
B) FIRST 5-YEAR RENEWAL TERM:
The base amount of fortye-ight thousand dollars,4 (8$,000.00)p,ayable in monthly installments of eight
hundred dollars,8 0($0.00)a,djusted for the five,5 ()y,ear renewal term as measured by the change in the U.S. Department ofLabor's Consumer Price Index C( .P.I.)f,or the previous five, 5( )y,ear term. For
purposes of adjustment according to the increase in the C.P.I.,1994 shall be treated as the base year.
C) SECOND 5-YEAR RENEWAL TERM:
The base amount equal to the base amount of the previous five, 5 ()y,ear term,payable in sixty, 6 (0)e,qual monthly installments,adjusted for the five, 5( )y,ear renewal term as measured by the change in the C.P.I. that occurred during the previous five,5 ()y,ear term.
All monthly installments set forth herein are due and payable on the first, 1 (1,day of each month of the term specified.
4.0 Renovations and Improvements
As additional consideration,Lessee represents and covenants to cause certain permanent renovations and improvements to be made to the premises including;the, a( )r,enovation and redesign ofthe interior ofthe structure; the, b( )r,epair and refinishing ofthe existing flooring or its repair and carpeting;the, c ()r,epair ofthe existing exterior doors;the, d ()r,eplacement ofall exterior lighting;the, e ()in,stallation of two, 2 ()n,ew HVAC systems designed to separately service the first and second floors ofthe premises;the,f ()r,emodeling or reconstruction ofa handicap accessible restroom on the first floor;and,the, g ()s,craping and painting ofall exterior wood surfaces.
It is understood that all permanent renovations and permanent improvements,whether set forth herein or subsequently made,must receive prior approval ofthe proper municipal authorities whether ofthe Planning Commission,the Board ofZoning and Building Appeals,or of Village Council. All Village Ordinances,regulations and procedures will be applicable to the consideration of renovations and improvements.
All renovations and improvements listed above shall be completed within the first year ofthe lease term. Permanent renovations and improvements made shall become a part ofthe premises and shall become property ofthe Village. Except as provided under Section 4.1 &6.0 herein,the Village shall not be obligated to compensate Lessee in any rmeanonvnaetrioanssa consequence ofthe renovations or improvements made to the premises it being understood that such and improvements represent one ofthe conditions precedent to this lease.
4.1 Effect of Lease Termination on Renovations and Improvements:
It is understood by the parties that the renovations and improvements set forth in Section 4.0,or subsequently approved and made,represent a substantial addition to the value ofthe property. These improvements,although a condition to this lease,would not be made but for the anticipation ofthe parties that Lessee will be able to exercise the options set forth in Section 2.1. In consideration thereof,it is agreed that the total cost ofthe renovations and improvements set forth in Section 4.0,or subsequently approved and made,will be assigned a useful life equal to fifteen, 1(5)y,ears.
If the whole or any part of the demised premises shall be acquired or condemned by eminent domain for any public
or quasi public use or purpose,then Lessor and Lessee agree as to the total cost of the renovations and improvements
set forth in Section 4.0,or subsequently approved and made,that the village shall return to Lessee that sum equal to
the unrealized benefit to Lessee of the renovations and improvements made to the property. This amount shall be
calculated by multiplying the total costs of the agreed upon renovations and improvements by a fraction,the
numerator ofwhich shall be fifteen (15)minus the number of full years the premises was occupied by Lessee and the
denominator of which shall be fifteen (15).This agreement by Lessor and Lessee as to the return of these amounts
reflecting the unrealized benefit to Lessee of the renovations and improvements made to the property is limited to
those items only,and is not intended to set or establish any other amounts which Lessee may claim of as a consequence such acquisition or condemnation,or in anyway otherwise impact the respective rights of the Village or Lessee in
the event of such acquisition or condemnation.
Should this lease or any subsequent lease terminate as a consequence of a breach of the terms of the lease by Lessee,
no payments for any unrealized benefit shall be due Lessee. In addition,should Lessee determine not to exercise any of the options granted by virtue of this Agreement,no amounts will be due Lessee for any of the unrealized benefit to Lessee of the renovations and improvements made to the property.
5.0 Use of Premises
Lessee will not commit or suffer any waste in the premises, use the premises or permit them to be used for any unlawful purpose,or any purpose not permitted within the Zoning district for the premises,or any dangerous, noxious or offensive activity or cause or maintain any nuisance in the premises. At the end of the term of this lease, Lessee will deliver up the primacies in as good an order and condition as they now are,or may be put by Lessor or Lessee,reasonable use and ordinary wear and tear thereof and damage by fire or other casualty excepted.
6.0 Damage or Destruction to Premises
If fire or other casualty shall cause the demised premises or the building in which they are situated to be destroyed, or damaged to such an extent as to amount practically to total destruction thereof,or if the damage caused thereby cannot be reasonably repaired within sixty 6(0)days from the happening of such fire or other casualty,then in any of said events,the term hereby created,shall,at the option of the Lessee,cease and become null and void from the date of such damage or destruction,upon written notice given by the Lessee not later than fortyf-ive 4(5)days from the happening of such fire or other casualty,and the rent shall be apportioned to the time ofsuch damage or destruction. In all other cases where the demised premises are destroyed or damaged by fire or other casualty,Lessor shall repair the damage with reasonable dispatch,and if such damage has rendered the premises untenantable in whole or in part,there shall be an apportionment ofthe rent until the damage has been repaired. In determining what constitutesr e"asonable dispatchc"o,nsideration shall be given to delays caused by strikes,adjustments ofinsurance and other causes beyond the Lessor's control. In the event ofany casualty,insurance proceeds paid to cover losses for improvements,additions,repairs,etc.made by Lessee shall be prorated between Landlord and Lessee based on a fifteen,1 (5)y,ear period in the same manner as set forth in Section 4.1.
7.0 Maintenance,Repairs,Utilities,Insurance and Taxes
Lessee shall be responsible for all utility and real estate tax charges.Landlord shall be responsible for all assessments. Lessee shall be responsible for all routine maintenance and repairs to the interior and exterior ofthe premises. Any repairs or maintenance required to the premises outside the scope ofnormal,customary and routine maintenance shall be the responsibility ofLessor unless such repairs or maintenance are determined to be required as raecpolancseemqueenntce ofthe acts or failures to act ofLessee. Except as set forth in Section 4.0,repairs,maintenance and under the ofroofs,exterior walls,foundations,structural elements,components and members,utility services main floor,utility services exterior to the building,and major mechanical and electrical units and
components thereof shall not be considered as normal,customary and/ or routine and shall be the responsibility of
Landlord. Improvements shall be the responsibility of Landlord.
Lessee shall permit Lessor and its agents to enter into and upon the premises at all reasonable times for the purpose
of inspecting the property or maintaining the property or making repairs,improvements or alterations.
Lessee shall obtain and maintain from a company or companies providing insurance in the State of Ohio fire and
extended coverage insurance on the premises and any improvements made thereto in a minimum amount of twohundredt-
wentys-even thousando-neh-undredf-ive dollars 2(2$7,105)a,nd shall obtain and maintain liability
insurance for loss from accident resulting in bodily injury to or death of persons in a minimum amount of onemillion
dollars per person and twom- illion dollars per occurrence1 (,0$00,0002/,$000,000)L.essee shall cause the
Village of Granville to be named as additionally named insured under such policy or policies.
8.0 Assignment and Sublease
Lessee will not assign this lease or sublet the premises,or any part thereof,without the prior written consent of Lessor which consent can not be unreasonably withheld.
9.0 Default
In the event that;a ()the rent,or any phrt thereof,remains unpaid for fourteen,1 (4)d,ays after it becomes due;b () Lessee's interest herein is sold under execution or other legal process;c ()Lessee makes an assignment for the benefit of creditors;d ()any proceeding in bankruptcy or for a wage earner's plan,an arrangement or reorganization,or any other proceeding under any insolvency law,is instituted by or against Lessee;e ()a receiver or trustee is appointed for the property of Lessee;or 0( Lessee fails to keep any of the other covenants of this lease,it will be lawful for Lessor to reenter and repossess the premises and thereupon this lease shall terminate.
Upon Lessors' determination that Lessee is in default of any of the terms,conditions or covenants established by this Agreement,Lesser shall advise Lessee of such default in writing setting forth the particulars of such default. Thereafter,Lessee shall have fourteen,1 (4)d,ays within which to cure such default. Should Lessee within the time established,then and in that event,Lessee shall cure such default not be considered to be in breach of this Agreement.
10.0 Quiet Enjoyment
Lessor agrees that ifLessee pays the rents and keeps and performs the covenants ofthis lease on the part ofLessee to be kept and performed,Lessee will peaceably and quietly occupy the premises during the term hereofwithout any hindrance,ejection or molestation by Lessor or any person lawfully claiming under Lesser.
11.0 Binding Effect
This lease and the agreements ofLessor and Lessee contained herein shall be binding upon and inure to the benefit ofthe heirs,executors,administrators,successors and assigns ofthe respective parties.
IN WITNESS WHEREOF,Lessor and Lessee have executed this
Agreement on the day of Lk.
Signed and acknowledged in presence of:
LL ak-rfliDQu_) 9
o
1gnithL«n Mid
u)90'41/ 0
1994.
N.4W3MA>VdillLasettA,ftY; er
Less0er'l-4C- .jqrnfcr<quf,lt·e_
poill'L" 2,
4 ,
Lessee
STATE OF OHIO,COUNTY OF LICKING,ss:
Before e,a Notary Public, in and for said county and state,personally appeared the above- named
kanndown to e to be the Lessors in the foregoing instrument,and who acknowledge that they did sign said instrument that the same is their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this z#4Eday of 7 >.d- 1994,at t,##u*U .Ohio.
NOTARY PUBLIC SHIRLEY A.ROBERTSON
Notary Public,State of Ohio
My commission e*pires 8-5-98 STATE OF OHIO,COUNTY OF LICKING,ss:
BFEoIr#eMmper,Ia N+1o4tr#y1P4 ublaincd *fo*rs,aid colmly and state,personally appeared the above named ftr\ E d-i J{AN- I O 0. A· DCIS
known to me to be the Lessee in the foregoing instrument and that the same is its free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this 43 dayof *Gj 1994,at 1 /0/ 0#( / Ohio.
1-111.4j
NOTARY PUBLIC
BERNICE W. KUHN,·
Nothry Pllbfic;State of Ohio
My commission. expirds 9.18-97
Exh;6,Tri

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