WHEREAS, the Village of Granville (“Village”) owns property located at 118 South Main Street; and
WHEREAS, on March 21, 1994, the Village entered into an Agreement of Lease with Sensibilities, Inc. (“Sensibilities”), wherein the premises was to be leased for a five year period commencing on April 1, 1994, and ending on March 31, 1999; and
WHEREAS, the Agreement of Lease provided that Sensibilities could renew the lease for additional five (5) year periods, contingent on Sensibilities notifying the Village in writing of its intent to renew the lease no earlier than one hundred eighty (180) days prior to the expiration of the then in effect lease term and not later than ninety (90) days prior to the expiration of the then in effect lease term; and
WHEREAS, on or about March 7, 2001, the legislative authority of Granville approved Resolution 01-02, authorizing Sensibilities to enter into a sublease with St. Luke Episcopal Church (“Church”); and
WHEREAS, a dispute arose between the Village and Sensibilities as to whether Sensibilities provided timely notification to the Village of its intent to renew the lease term for the period commencing on April 1, 2004, and ending on March 31, 2009; and
WHEREAS, Sensibilities has agreed to the Village buying out its leasehold interest in the property located at 118 South Main Street; and
WHEREAS, the Village, Sensibilities, and the Church have agreed to enter into a Settlement Agreement and Mutual Release with regard to the property at 118 South Main Street.
NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio, that:
Section 1. Pursuant to Section 3.01 of the Charter for the Village of Granville and Section 105.01 of the Ordinances of the Village, and for the reasons set forth above, the Village Manager is hereby authorized to execute on behalf of the Village a Settlement Agreement and Mutual Release with Sensibilities, Inc., and St. Luke’s Episcopal Church, a copy of which is attached hereto and identified as Exhibit A.. The Village Manager is also authorized to take whatever action is necessary to carry out the terms and conditions of the Settlement Agreement and Mutual Release.
Section 2. This Ordinance shall take effect and be in full force from and after the earliest date permitted by law.