LEASE AGREEMENT FOR SPACE AT 701 OAKWOOD STREET, RAVENNA, OHIO 44266

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1 LEASE AGREEMENT FOR SPACE AT 701 OAKWOOD STREET, RAVENNA, OHIO This Lease Agreement is between the City of Ravenna, hereafter referred to as Lessor and the Ohio Department of Transportation, hereafter referred to as Lessee. Article 1. Description of Premises Lessor does hereby let and lease to the Lessee under the terms contained in this Lease Agreement, space within buildings located at 701 Oakwood Street, Ravenna, Ohio. The Premises includes 1 eight bay cold storage building, shared area within the main maintenance building and all of the second floor office area in the main maintenance building. Article 2. Term of Lease The term of this Lease shall be for a period of 24 months commencing upon the 1 st day of July 2013 and ending at midnight on June 30, 2015, unless terminated earlier in accordance with Section 18 of this Agreement. This Lease may be renewed on July 1, 2015 under the same terms and conditions for a month-tomonth basis, provided that the a month-to-month term not be effective until the effective date of an appropriation enacted by the general assembly from which the department may lawfully pay rentals under this Lease and provided further than if such effective date does not occur prior to July 1, 2015, then this Lease shall terminate and expire as of June 30, Article 3. Rent Payments Lessee agrees to pay Lessor rent totaling a monthly amount of $2, (two thousand five hundred dollars) for the term of the lease. Monthly rental payments shall be paid by the first day of each month and forwarded to The City of Ravenna, to the attention of the Finance Director, at 210 Park Way, Ravenna, Ohio Rent payments delinquent over 15 days will be assessed pursuant to the rates established in Ohio Revised Code , due with the delinquent rent payment. Lessee further agrees to pay all sums which may be due by reason of Lessee s failure to comply with any of the conditions of this Lease and any and all damages, costs or expenses which the Lessor may suffer or incur by reason of any default of Lessee or damages to the premises caused by any act or neglect of Lessee. Rent does not include the cost of any, telephone service or internet connection, all of which are the responsibility of the Lessee. Cleaning of the garage bathrooms, Lessee s office work areas and disposal of garbage in Lessee s supplied garbage containers/dumpsters will be the responsibility of the Lessee. 1. Article 4. Liability Insurance Lessee promises and agrees that at its own cost and expense it will take out and maintain throughout the entire term of the Lease, comprehensive general liability, and all risk insurance insuring against loss, damage and claims resulting from personal injury or property damage occurring in, upon or about the premises during the term of this Lease. Liability insurance coverage shall be not less than $1,000,000 (one million dollars) at all times. The Lessor shall be named as an insured in such policy or policies. Said insurance shall be provided by and through a company rated A- or better by A.M. Best. Lessee is responsible for insuring the contents owned by and in the portion of the Premises utilized by the Lessee. Lessor takes no responsibility for loss or replacement of contents in this portion of the Premises. City of Ravenna ODOT Oakwood Garage Lease Page 1 of 5

2 Article 5. Use of Premises Subject premises shall be used as a work and storage area for operations of the Ohio Department of Transportation, District 4, Portage County Maintenance and Repair and incidental lawful purposes. Lessee shall comply with all laws, statutes, rules, orders, ordinances, regulations, and notices applicable to the premises and/or Lessee s use and occupancy of the premises from all governmental entities having jurisdiction and the Board of Fire Underwriters. Lessee further agrees to prevent the premises from being used in any way which may be an unreasonable nuisance, annoyance, inconvenience or damage to the Owner or other tenants of 705 Oakwood Street, Ravenna or residents or owners of adjoining neighborhood properties. Lessee agrees that at the expiration of the term of the Lease, or in the event of termination or forfeiture, it will peaceably yield to the Lessor the subject premises in as good an order and repair as when delivered to Lessee, normal wear and tear excepted. Article 6. Access to Premises Lessee shall permit Lessor and his agents to enter into and upon the Property at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs or alterations to the building, or equipment needed to maintain the day to day business of the operations. All door locks are to be keyed and controlled by the Lessor. Lessor shall cut and issue all keys or key cards. Five (5) keys shall be supplied at beginning of the Lease and signed for by the person or persons responsible for their safekeeping. One (1) access key card will be issued to each Lessee employee. In the event that additional keys or key cards are needed, they may be obtained from the Lessor or Lessor s designee at Lessor s cost. Article 7. Repair and Maintenance Lessee will be responsible for all repairs, upkeep, cleaning, preventative maintenance to the portion of the Premises that are utilized by the Lessee, at Lessee s cost. Lessee is prohibited from demolishing any structure or portion of a structure without prior authorization from Lessor. Lessee is to maintain the Premises in a manner that ensures the continued condition of the premises at a level at least equal to the condition at the time of execution of this Agreement less normal wear and tear. Lessor will be responsible for all general maintenance of the property and structures. General maintenance is defined as all repairs, upkeep and preventative maintenance.. Article 8. As Is Condition With the exception of any specific representations of Lessor herein, Lessee shall accept the leased premises in AS IS, WHERE IS condition. Lessee states that it has been given an opportunity to inspect the leased premises and that there have been no warranties or representations of Lessor that it is relying upon other than those contained in writing in this Lease. City of Ravenna ODOT Oakwood Garage Lease Page 2 of 5

3 Article 9. Alterations and Improvements Lessee may erect a sign near or on the exterior of the Premises, with the prior approval of the Lessor and with the cost to be borne by the Lessee. Upon vacating the premises for any reason, Lessee agrees to take down and remove such sign and repair portions of the door or wall to which said sign was attached to the original condition. No structural alterations, additions, or improvements to the said premises shall be made without written consent of the Lessor which consent shall not be unreasonably withheld, and any such improvements, additions and/or alterations made by Lessee after such consent has been given, including fixtures, shall at the option of the Lessor become property of the Lessor and remain, or at Lessor s election, shall be removed at Lessee s costs. In the event of the removal of any alterations, additions or improvements, Lessee at its expense shall and will restore the premises to its original condition repairing any and all damages to the premises resulting from the removal and/or installation of such things. In the event that the consent of the Lessor is first had and alterations, improvements and/or additions are installed by the Lessee, they shall be done in a good and workmanlike manner in keeping with any and all applicable building codes and regulations and as will in no way harm the building structure or the premises. Any mechanic s lien filed against the premises or any part thereof for work claimed to have been done or materials claimed to have been furnished or for any other reason to Lessee shall be discharged within twenty (20) days after filing by bonding or any other manner provided by law. All such changes, alterations, improvements and/or additions shall be made solely at the expense of the Lessee. Article 10. Environmental Compliance and Indemnity Lessee agrees that it will not engage in any conduct, events or actions which could interfere with or prevent Lessor s compliance with the Environmental laws or with requirements relating the health, safety and protection of the environment, or which may give rise to any legal liability or otherwise form the basis of any claim action, proceeding, hearing or investigation based on any condition or violation or alleged violation of the Environmental laws or requirements relating to health, safety and protection of the environment or the community. The Lessee will be provided with a copy of the Lessor s Stormwater Good Housekeeping Plan and agrees to maintain compliance consistent with NPDES Phase II Stormwater Regulations to the extent of the Lessee s operations. Article 11. Destruction by Fire or Casualty In the event that a structure included in the Premises shall be damaged or destroyed by fire or other casualty beyond the control of the Lessee during the term hereof and the same can be repaired or restored within ninety (90) days, the Lessor shall have the option of restoring said Premises and the rent otherwise payable hereunder shall abate in whole or in part proportionately with the space which is usable by the Lessee from the date of said casualty to the completion of said repairs. In the event that a structure included in the Premises shall be so destroyed or damaged as above stated so as not to be rendered tenantable within ninety (90) days from the date of casualty, then Lessor shall have the option to cancel this Lease without liability therefore as of the date of said casualty by giving written notice to the other party hereto not more than thirty (30) calendar days after said casualty. In such an event, the accumulated rent payments made by Lessee under this Lease will be reimbursed to Lessee following Lessor s receipt of insurance proceeds from Lessor s property insurance provider. Article 12. Liability Except for the negligent or willful misconduct of Lessor, Lessor shall not be liable to Lessee or any other person on the premises or in the building for any damage to person or property. Lessor shall not be City of Ravenna ODOT Oakwood Garage Lease Page 3 of 5

4 under any responsibility or liability for the quality, quantity, impairment, interruption, stoppage or any other interference with service involving water, heat, gas, electric current or any other service by any public utility. Lessor shall not be liable for any damage, compensation or claim by reason of damages, inconvenience or annoyance arising from the necessity of repairing any portion of the building, the interruption in the use of the premises, or the termination of this Lease by reason of the destruction or damage to the premises whether by accident or casualty, unless specifically occasioned by an act or omission of Lessor. Article 13. Assignment or Subletting Lessee under penalty of forfeiture shall not assign, transfer or pledge this Lease nor underlet or sublet said premises or any part or portion thereof without written consent of Lessor Article 14. Transfer of Lessor s Interest Lessor hereby reserves the right to sell, assign or transfer this Lease upon condition that in any such event this Lease shall remain in full force and effect and upon the further condition that the assignee or transferee agrees to be bound and to perform all of the terms, covenants, and conditions of Lessor hereunder. Upon any such sale, assignment or transfer, Lessee agrees to look solely and exclusively to the assignee or transferee with respect to all of the covenants and matters in connection with this Lease to be performed by Lessor and Lessor shall and will be released from any other and further obligations hereunder from and after the date of transfer. Article 15. Default by Lessee In the event that Lessee at any time during the term of this Lease or any extension violates or fails to perform any of the agreements or obligations under the terms of this Lease and does not cure such default within thirty (30) days after written notice to it by Lessor of such failure or violation, Lessor may sue to collect any and all sums which accrue to Lessor by virtue of the breach of this Lease, or Lessor may, but shall not be obligated to do so, without further demand for rent due or for the observance or performance of any of the terms, conditions, or agreements of this Lease, terminate the Lease, reenter the premises and remove persons and property. In the event that this Lease is terminated before its expiration, by reason of Lessee s default, or in the event that Lessee shall abandon or vacate said premises before the expiration of the term, the same may be re-rented by Lessor (but Lessor shall not be obligated to do so) for such rent and upon such terms as Lessor may see fit and such re-entry and/or re-letting shall not release the Lessee from its obligations hereunder and Lessee shall remain obligated and liable under the terms of this Lease for any and all deficiencies for such replacement Lessee. In addition, Lessee shall be responsible for any and all losses, costs, damages, expense or charges resulting from or in any way connected with its defaults hereunder, including but not limited to court costs, and attorney fees for re-letting. Article 16. Termination by Lessee Lessee reserves the right to terminate its obligations under this lease upon the giving of 90 days notice to terminate this lease. Article 17. Breach of Contract In the event Lessee fails to comply in any material respect with any of the terms and conditions of this Lease Agreement, Lessor may terminate this Lease Agreement at any time thereafter. Lessee shall have thirty (30) days to cure any material breach. Lessee shall be given thirty (30) days from receiving notice of termination to remove personal property and fixtures it has placed on the property. City of Ravenna ODOT Oakwood Garage Lease Page 4 of 5

5 No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Lease shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein. Article 18. Amendment or Modification of Lease No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. Article 19. Execution of Lease This writing contains the entire agreement between the parties hereto and no one is authorized to vary the terms hereof by oral agreement or by dealings; no modification of this Lease shall be binding unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the date and year first above written. Signed and acknowledged in the presence of: Lessor: City of Ravenna By: Joseph Bica, Mayor Date: Lessee: Ohio Department of Transportation Jerry Wray, Director Date: City of Ravenna ODOT Oakwood Garage Lease Page 5 of 5