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#11-09

PASSED MARCH 27, /2009
COMMITTEE REVIEW:

LEGISLATIVE COMMITTEE

INTRODUCED BY:
COUNCILMEMBER SAFKOW
INTRODUCED ON:
MARCH 27, 2009
DATE OF FIRST READING:
MARCH 27, 2009
DATE OF SECOND READING:
 
DATE OF THIRD READING:
 
EMERGENCY CLAUSE:
YES/NO
TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:
YES/NO

AN ORDINANCE AUTHORIZING AND DIRECTING
THE VILLAGE MANAGER TO ENTER INTO A LEASE
BETWEEN THE MUNICIPALITY OF SEBRING, OHIO
(AS LESSEE) AND JOHN A. LAUGHLIN AND ROSEMARY
LAUGHLIN (LESSOR); AND DECLARING AN EMERGENCY

WHEREAS, the Municipality of Sebring desires to lease a parcel of land from John A. Laughlin and Rosemary Laughlin; and

WHEREAS, Lessee and Lessor desire to define their relationship in accordance with the provisions of the Lease attached hereto as Exhibit “A”.

            NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO AS FOLLOWS:

Section 1:  Pursuant to the Charter of the Municipality of Sebring, Ohio Section 3.08(k), the Village Manager is hereby authorized and directed to enter into a lease with John A. Laughlin and Rosemary Laughlin in a form attached hereto as Exhibit “A” pursuant to and in accordance with the terms and provisions contained therein.

Section 2:  That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council, and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring.

Section 3:        That this Ordinance is hereby determined to be an EMERGENCY MEASURE, necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Village of Sebring, Ohio.

 

_____________________________
JOHN W. SMITH
Mayor/President of Council

   
ATTEST: APPROVED AS TO LEGAL FORM:
   
_________________________
Malea G. Sanor
Clerk of Council
_________________________
Andrew L. Zumbar
Assistant Solicitor

Exhibit “A”

ORDINANCE NO. _________

LEASE

This LEASE made and entered into this ______ day of _________________, 2009 by and between the MUNICIPALITY OF SEBRING, OHIO, an Ohio Charter Municipality, 135 East Ohio Avenue, Sebring, Ohio 44672, hereinafter referred to as “LESSEE” and JOHN A. LAUGHLIN and ROSEMARY LAUGHLIN, 10795 Reeder Rd., Alliance, Ohio 44601, hereinafter referred to as “LESSOR”;

WHEREAS, Lessor is desirous of leasing and Lessee is desirous of renting certain vacant land.

NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

ARTICLE I. LEGAL DESCRIPTION

            The demised premises is situated in the Municipality of Sebring, Mahoning County, State of Ohio, and known as and being Lots numbered 203 and 204 in said Municipality.

ARTICLE II.  ANNUAL RENTAL

            Lessee shall pay unto the Lessor an annual rental of One Dollar ($1.00) for the use and benefit of said demised premises; as well as the additional considerations set forth herein.

ARTICLE III.  TERM

            (A)  The term of the lease shall be for a one (1) year period commencing on the date of execution and terminating twelve months thereafter.
(B)  Renewal.  The parties may jointly agree to renew this lease on a year to year basis on the same rent, terms and conditions set forth herein.

(C)  Early Termination.  Either Lessee or Lessor may terminate this lease, at their sole discretion, by giving thirty (30) day advance written notice to the other party.  After the expiration of the 30 day period, this lease shall be void and of no further effect.

ARTICLE IV.  PURPOSE
            Lessee shall be permitted to use said demised premises for municipal purposes, and related community events, with members of the public as guests.

ARTICLE V. LESSEE’S RESPONSIBILITIES

            (A)  Lessee shall keep and maintain the demised premises in a clean and orderly manner.
            (B)  Lessee may, at Lessee’s option plant grass and other landscape upon the demised premises.  Lessee may also install small structures or improvements from time to time.  In the event that this lease is terminated, Lessee shall be solely responsible for removing any structure or improvement and return the property to the condition prior to execution of this lease.
            (C)  Indemnification and Insurance.  Lessee shall indemnify, defend and hold Lessor harmless for any and all loss, damage or expense related to Lessee’s use of the demised premises during this lease.  Lessee shall provide public liability insurance coverage upon this property in accordance with its then current insurance policy.

ARTICLE VI.  LESSOR’S RESPONSIBILITIES

            (A)  Lessor shall grant Lessee quiet enjoyment of the premises and shall not interfere with Lessee’s permitted use of the premises.
            (B)  Lessor shall pay all real estate taxes and assessments which come due during the term hereof.

ARTICLE VII.  NOTICES

            Any Notice to be given under this Lease shall be addressed to the parties as set forth above by certified, return receipt requested.

SIGNED IN THE PRESENCE OF:

LESSEE:

                                                                        THE MUNICIPALITY OF SEBRING
WITNESSES

______________________________
                                                                        ________________________________
                                                                        Doug Burchard, Village Manager
______________________________

 

                                                                        LESSOR:

WITNESSES:
                                                                        _________________________________
______________________________            John A. Laughlin

                                                                        _________________________________
______________________________            Rosemary Laughlin

 

STATE OF OHIO

COUNTY OF MAHONING

            Before me, a Notary Public in and for said County, personally appeared the above named DOUG BURCHARD, Municipal Manager who acknowledges that he did sign the foregoing Lease and that the same was authorized by law on behalf of the Municipality of Sebring, Ohio.

            IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Sebring, Ohio, this _____ day of _______________, 20___.

 

                                                                        _______________________________
                                                                                         Notary Public

STATE OF OHIO

COUNTY OF MAHONING

            Before me, a Notary Public, in and for said County and State, personally appeared the above named JOHN A. LAUGHLIN and ROSEMARY LAUGHLIN who acknowledged that they did sign the foregoing instrument and that the same is their free act and deed.

            IN WITNESS WHEREOF, I have hereunto set my hand and official seal, at _______________, Ohio this _____ day of _______________, A.D. 20___.

 

                                                                        ________________________________
                                                                                            Notary Public
ENDORSEMENT

            This Contract has been prepared and APPROVED by the Solicitor as to legal form pursuant to Section 6.03 of the Charter.  Dated this ____ day of ______________, 20___.

                                                                        _______________________________
                                                                                                            SOLICITOR