CITY OF NORTH OLMSTED
RESOLUTION NO.2026 - 5
BY: Mayor Jones
A RESOLUTION AUTHORIZING THE MAYOR, ON BEHALF OF
THE CITY, TO ENTER INTO A LEASE WITH THE BOARD OF
TRUSTEES OF THE CUYAHOGA COUNTY PUBLIC LIBR,4R Y FOR
ITS OPERATION OF THE NORTH OLMSTED BRANCH LIBRARY.
WHEREAS, pursuant to an existing Lease between the City and the Trustees
dated December 19, 2000 ("Original Lease"), the Trustees have operated, as a free public
library, a branch of the Cuyahoga County Public Library (the "North Olmsted Branch")
in a facility located at 27403 Lorain Rd., North Olmsted, Ohio 44070 (the "Facility");
and
WHEREAS, the Trustees have elected to perform certain renovations, upgrades
and improvements to the Facility and to purchase and install certain furniture, fixtures,
and equipment within the Facility (the "Renovations"), with such Renovations
anticipated to be performed shortly after the date of this Lease; and
WHEREAS, as a condition precedent to the Trustees performing such
Renovations, the Trustees have requested, and the City has agreed, to enter into this
Lease Agreement, and to terminate the Original Lease; and
WHEREAS, the term of this Lease Agreement is for twenty (20) years from the
Effective Date; and further provided that this Lease Agreement shall automatically renew
thereafter for up to eight (8) additional five (5) year terms unless one party gives to the
other party notice of termination not later than twelve (12) months prior to then -
scheduled expiration date; and.
WHEREAS, the Mayor and Administration recommend the new Lease for the
North Olmsted Branch, and appreciate the Renovations proposed by the Trustees to
improve the Facility, as well as to continue the public services offered by the Trustees to
residents of North Olmsted and the general public.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO:
SECTION 1: That this Council hereby authorizes the Mayor to execute, on
behalf of the City, a Lease Agreement with the Board of Trustees of the Cuyahoga
County Public Library, attached hereto as Exhibit A, with only such changes therein as
are not substantially adverse to the City and which are approved by the Director of Law.
The character of any such changes as not being substantially adverse to the City shall be
evidenced conclusively by the execution of the agreement by the Mayor and the approval
of the agreement by the Director of Law.
SECTION 3: That this Ordinance shall take effect and be in force from and after
the earliest period allowed by law.
PASSED: 49U"L4- 17, .2D,.2&
U "
ATTEST:
BEATRICE TAYL
Clerk of Council
APPROVED:
4&GGAI;
MAYOR NICOLE L
First Reading: / e20 -,2",
Second Reading: e f- 3 - �,
Third Reading: A-1721
-
Committee: &;-A-A P t ,
LO J. BROSSARD
President of Council
APPROVED AS TO LEGAL FORM:
/s/ Michael R. Gareau, Jr.
JONES MICHAEL R. GAREA U, JR.
Director of Law
Yea:
Nay:
Absent: �J� U ► C2
2
EXHIBITA
LEASE AGREEMENT BETWEEN
the
CITY OF NORTH OLMSTED
and the
BOARD OF TRUSTEES OF THE
CUYAHOGA COUNTY PUBLIC LIBRARY
This LEASE AGREEMENT ("Lease Agreement") is made as of
, 2025 (the "Effective Date"), between the City of North Olmsted (the
"City"), a municipal corporation duly organized and validly existing under the Constitution and
laws of the State of Ohio and its City Charter, as lessor, and the Board of Trustees of the Cuyahoga
County Public Library (the "Trustees"), a county library organized and existing under Chapter
3375 of the Revised Code, as lessee, pursuant to Ordinance No. , duly passed by
the City Council on , 2025, and a resolution duly adopted by the Trustees on
, 2025, copies of which are attached hereto as Exhibit B and Exhibit C,
respectively. As required by the context herein, and as permitted by law, reference to the "City"
and to the "Trustees" shall also include their respective officials, agents and employees.
WITNESSETH
WHEREAS, pursuant to an existing Lease between the City and the Trustees dated
December 19, 2000 (collectively, the "Original Lease"), the Trustees have operated, as a free public
library, a branch of the Cuyahoga County Public Library (the "North Olmsted Branch") in a facility
located at 27403 Lorain Rd, North Olmsted, Ohio 44070 (the "Facility"); and
WHEREAS, the Trustees have elected to perform certain renovations, upgrades and
improvements to the Facility and to purchase and install certain furniture, fixtures, and equipment
within the Facility (collectively, the "Renovations"), with such Renovations anticipated to be
performed shortly after the date of this Lease; and
WHEREAS, as a condition precedent to the Trustees performing such Renovations,
the Trustees have requested, and the City has agreed, to enter into this Lease Agreement, and to
terminate the Original Lease.
NOW, THEREFORE, in consideration of these presents and the mutual promises
and undertakings herein contained, and for other good, sufficient and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties to this Lease Agreement do
hereby covenant and agree as follows:
SECTION 1. THE LEASED PROPERTY.
The City, for and in consideration of the covenants and agreements hereinafter set
forth on the part of the Trustees to be kept and performed, does hereby demise and lease unto the
Trustees, and the Trustees do hereby take and lease from the City, upon and subject to the
conditions hereinafter expressed, any and all right, title and interest of the City in and to (i) the
Site, being the real property described in Exhibit A attached hereto, which is made a part of this
Lease Agreement, including all driveways, parking areas, sidewalks and landscaped areas
comprising the Site, (ii) the Facility, and (iii) any and all additions, replacements, alterations and
other improvements to the Facility and/or the Site from time to time (collectively, the "Leased
Property").
SECTION 2. COMMENCEMENT AND TERM.
The City and the Trustees hereby agree that notwithstanding the date of execution
and delivery of this Lease Agreement, the date of commencement of the term hereof, on and after
which date all rights and obligations of the City and the Trustees with respect to the Leased
Property shall be determined in accordance with the terms of this Lease Agreement, shall be the
Effective Date. The term of this Lease Agreement shall be twenty (20) years from the Effective
Date; provided that this Lease Agreement shall automatically renew thereafter for up to eight (8)
additional five (5)-year terms unless one party gives to the other party notice of termination not
later than twelve (12) months prior to then -scheduled expiration date. After the expiration of the
original twenty (20)-year term, and during any renewal term, this Lease Agreement may be
terminated without cause or penalty by either party upon written notice to the other party
specifying the termination date, which date shall be not less than one (1) year and not more than
two (2) years later than the date of such notice. The provisions of this Section shall not affect any
rights to terminate provided in Section 19.
SECTION 3. RENT.
For such period as the Trustees have possession of the Leased Property and during
the continuance of this Lease Agreement, the rental fee to be paid by the Trustees to the City shall
be the operation of a free public library under Rules and Regulations promulgated generally by the
Trustees for libraries within its jurisdiction (the "Rules and Regulations"). The entire cost of such
library operation, including staff payroll, purchase of library materials, payment of utilities and
taxes, and other costs shall be borne by the Trustees, and the City shall not have any obligation, at
law or in equity, to underwrite, absorb or in any other way pay for the operation of the Leased
Property as a free public library. It is the purpose and intent of the City and the Trustees that, as
between the City and the Trustees, all costs, expenses, liabilities and obligations that may arise or
become due during the term hereof with respect to the interests in the Leased Property that are
leased and assigned by the City to the Trustees hereunder, whether ordinary or extraordinary,
foreseen or unforeseen, including any and all federal, state and local income or other taxes on or
measured by the rentals paid to the City, shall be paid by the Trustees, except any costs specifically
imposed upon the City hereunder.
The Trustees, as tenants in possession, shall be responsible for any charge, claim,
or demand arising out of the operation of the Leased Property by the Trustees.
SECTION 4. USE.
During the term of this Lease Agreement, the Trustees shall have the exclusive right
to use the Leased Property as a free public library, except as specifically set out to the contrary in
other sections of this Lease Agreement. The Leased Property shall be open to free use by residents
of the City of North Olmsted and Cuyahoga County, subject to the Rules and Regulations of the
Trustees, including penalty charges for late return of circulating books and other library materials,
and the Leased Property shall be occupied by the Trustees solely for the operation of a free public
library in accordance with the Rules and Regulations of the Trustees, the terms of this Lease
Agreement, and in compliance with all laws.
The Trustees shall stock the Facility with appropriate volumes of books and other
library materials consistent with the stock of library facilities of comparable size within Cuyahoga
County.
The Trustees shall staff and operate the Leased Property on a basis comparable with
its branch library operations elsewhere in Cuyahoga County, due consideration being given to the
financial circumstances of the Trustees, the population of the area served by the Leased Property,
and the requirements of the patrons of the Leased Property.
The Trustees shall keep the Facility open to the public during those time periods
provided in the Trustee's Rules and Regulations, which time periods shall be reasonable given the
number and type of users of the Facility and the financial restraints of the Trustees.
SECTION 5. FURNITURE, FURNISHINGS AND EQUIPMENT.
The parties acknowledge and agree that no furniture, furnishings, shelving and
equipment located at the Leased Property is owned by the City. All new and/or existing library
materials, personal property, equipment, furniture, furnishings and shelving located at the Leased
Premises or that are acquired by the Trustees in the future are and shall remain the property of the
Trustees.
SECTION 6. MODIFICATIONS TO LEASED PROPERTY.
The Trustees shall, in all respects and at their sole expense, maintain the Leased
Property in good condition, repair and state of cleanliness, and shall make all repairs and
replacements as necessary. Other than the Renovations, which are hereby approved by the City,
no structural changes to or of the Leased Property shall be made by the Trustees, and no material
portion of the Leased Property shall be removed by the Trustees, except with the prior written
consent of the City, which consent shall not be unreasonably withheld. The Trustees shall keep the
Leased Property free of any liens, claims or other encumbrances by materialmen, suppliers or other
laborers arising out of the use or improvement of the Leased Property by the Trustees.
The City reserves the right to make additions, replacements or other extensions to
or for the Leased Property with the consent of the Trustees, which consent shall not be
unreasonably withheld. Any additions, changes, alterations, modifications, replacements or other
extensions to or of the Leased Property made during the continuance of this Lease Agreement shall
be, and shall remain, the sole and absolute property of the City, and shall be evidenced by a written
amendment to this Lease as shall be reasonably agreed to by the parties.
SECTION 7. MEETING ROOMS.
Any meeting room or activity room on the Leased Property shall be made available
for use by organizations and the general public under the Rules and Regulations that relate to
meeting rooms. The City shall have the right to utilize the meeting rooms or activity rooms on the
Leased Property during normal operating hours without charge with the consent of the Trustees,
provided that the room has not been previously reserved by another user.
SECTION 8. INFORMATION AND RECORDS.
The Trustees shall at all reasonable times give to the authorized representatives of
the City such information relating to the operation and use of the Leased Property as they may
reasonably request, and shall permit them to inspect the records of the Trustees relating to those
operations except those records which may not be disclosed as a matter of law.
SECTION 9. NAME OF FACILITY.
The library shall in all matters bear the name North Olmsted Branch of the
Cuyahoga County Public Library, unless changed by mutual agreement of the parties.
SECTION 10. ANNUAL REPORT.
Annually, the Trustees shall give to the City a copy of its standard written annual
report of the operations of the library during the preceding calendar year. Upon request of the City,
the library shall give to the City:
1. A listing or inventory of all personal property at the library owned by the
City at the close of the year.
2. A summary of the stock of the building listing separately the approximate
number of books, periodicals, computers, electronic media, and other
library materials at the close of the year.
3. The number of both full and part-time staff.
4. The current hours of operation.
Such other information as the City may reasonably request and is available
to the library.
SECTION 11. CITY -TRUSTEE MEETINGS.
At all reasonable times, and in accordance with the open meeting laws, the
representatives of the City and the Library Administrator or another representative designated by
the Trustees shall meet at the request of either, to discuss the operations of the library and
operations under this Lease Agreement; provided, that the Trustees shall have full and final control
of all library operations subject to the provisions of this Lease Agreement and the requirements of
the law.
SECTION 12. INSPECTION.
The City, by the Mayor, the Building Commissioner, or any other employee
designated in writing by the Mayor, shall have the right to enter the Leased Property during usual
business hours for the purpose of inspecting it and the operations therein and thereon, and for the
purpose, without releasing the Trustees from any of their obligations under this Lease Agreement
or waiving any default, of making repairs which may be necessary by reason of the failure of the
Trustees to perform any such act required of them hereunder; provided that (i) the City shall not
proceed to make the repairs (A) sooner than the thirtieth day after written notice of the proposed
making of the repairs is given by the City to the Trustees unless the repairs are required to be made
on an emergency basis in order to preserve or protect persons or property, or (B) so long as the
Trustees have commenced and are diligently pursuing the making of the required repairs, and (ii)
to the extent practicable, any such work shall be scheduled outside of normal business hours so as
to minimize interference with normal library operations. The City shall be reimbursed for the cost
of any such repairs in accordance with the provisions of Sections 13 and 20 of this Lease
Agreement.
SECTION 13. MAINTENANCE AND LIABILITY.
During the continuance of this Lease Agreement, the Trustees shall maintain the
Leased Property in good condition, repair and state of cleanliness, and as between the City and the
Trustees, the Trustees shall pay the fees and charges for all utilities provided to the Leased Property,
both interior and exterior, including without limitation, all charges for service and for setting and
repairing meters, and the Trustees shall arrange for those utilities in the name of the Trustees,
including without limitation, telephone, cable, electric, water, sewer and rubbish, garbage and trash
removal services. The Trustees shall be solely responsible, and shall pay all costs required, for the
maintenance and repair of the grounds of the Leased Property, including without limitation, lawns,
plant beds, walks, driveways and parking areas principally designated to be utilized for library
parking.
The Trustees shall comply with all laws, orders, regulations, rules and requirements
of every kind and nature relating to the maintenance, use and occupation of the Leased Property
of any governmental authority having jurisdiction with respect thereto. The Trustees shall pay all
cost and expense incidental to such compliance.
As between the City and the Trustees, the Trustees shall be solely responsible, and
shall pay all costs required, for the making of all repairs and replacements to the Leased Property
as the same become necessary during the term of this Lease Agreement, including without
limitation, repairs to or replacement of the roof of the Facility. The City and the Trustees
acknowledge that neither has assumed responsibility for additions to or enlargement of the Leased
Property, and that the responsibility for any future addition or enlargement and the cost thereof is
subject to the mutual agreement of the City and the Trustees and to be evidenced by an agreement
supplemental to this Lease Agreement.
The Trustees covenant and agree that the City shall not be responsible for and is
hereby expressly released and discharged from any and all liabilities for any injury or injuries, loss
or damage, to any person or property in or about the Leased Property, whether the injury, loss or
damage be to the invitees, servants, agents, volunteers, members, trustees, officers or employees
of the Trustees or to its property or to the property or person of anyone else; provided, however,
that the City shall not be released from liability for damages directly caused by its own negligent
or intentional act or omission. Without limiting in any way the generality of the foregoing, the
Trustees covenant and agree that the City shall not be responsible for and is hereby expressly
released and discharged from any and all liabilities for any and all such injury, loss, or damage
occasioned by or arising out of the use and occupancy of the Leased Property by the Trustees; or
arising from any act or neglect of the Trustees, its invitees, servants, agents, volunteers, members,
officers, employees, or trustees, or any owners or occupants of adjoining or contiguous property;
or occasioned by reason of the design, construction, or condition of the Leased Property or any
part thereof or for failure to keep the Leased Property or any part thereof in good condition and
repair; or caused in any other manner whatsoever; provided, however, that the City shall not be
released from liability for damages caused by its own negligent or intentional act or omission.
Nothing in this Agreement shall be construed to waive or limit any defense the City
or the Trustees may have by statute or at common law, including, without in any way limiting the
generality of the foregoing, the defense of immunity, in actions by third parties.
SECTION 14. USE OF HAZARDOUS MATERIALS PROHIBITED.
The Trustees shall not bring or allow to be brought onto the Leased Property any
hazardous or toxic material in violation of any environmental laws. The Trustees shall comply with
all environmental laws.
SECTION 15. INSURANCE AND CONDEMNATION.
The Trustees shall procure and maintain, at their sole cost and expense, throughout
the term of this Lease Agreement or any renewal or continuation thereof, commercial general
liability insurance, with policy endorsements or provisions fully recognizing and protecting the
City, its officers and employees, against any and all claims, including all costs and expenses of
defending the City, its officers and employees, for personal injury or death or for property damage
or loss occurring in, upon or about the Leased Property, with limits of not less than $1,000,000 for
personal injury to or death of any one person and $3,000,000 for personal injuries or deaths in
connection with any one occurrence and $1,000,000 for property damage or loss from any one
occurrence. Such policy or policies shall provide that the insurer shall give the City at least thirty
(30) days' written notice prior to cancellation or change of coverage. Upon the request in writing
by the City, the Trustees shall deposit a copy of the policy, or policies of such insurance, or
certificates thereof with the City.
The Trustees shall procure and maintain, at their sole cost and expense, throughout
the term of this Lease Agreement and any renewal or continuation thereof, fire and extended
coverage insurance on the Facility and its contents in amount sufficient to provide for the full
replacement cost of the Facility and its contents. Such policy or policies shall be with a solvent
insurance company or companies authorized to issue such policies in the State of Ohio. Said policy
or policies shall provide protection against Risks of Direct Physical Loss or Damage. Such policies
shall provide that the insurer shall give the City at least thirty (30) days' written notice prior to
cancellation or change of coverage. Upon request in writing by the City, the Trustees shall deposit
a copy of the policy, or policies of such insurance, or certificates thereof, with the City. Any
insurance moneys received by the Trustees under said policies shall be promptly applied to the
repair, reconstruction or replacement of the Facility and its contents, and the Trustees shall add to
such insurance moneys such amount as may be necessary to complete such repair, reconstruction
or replacement.
The proceeds of any condemnation award, or payment in lieu of condemnation, for
any part of or interest in the Leased Property shall be applied to pay the cost of restoring the
Facility.
SECTION 16. COMPLIANCE WITH LAWS.
The Trustees, during the term of this Lease Agreement and any renewal or
continuation thereof, shall comply with all applicable governmental ordinances, regulations and
requirements relating to maintenance, operation, use and occupancy of the Leased Property and
orders issued pursuant thereto; and will pay the cost and expense incidental to such compliance.
SECTION 17. ASSESSMENTS.
The City agrees to cooperate with the Trustees in applying for any property tax
exemptions that may be available for the Leased Property and executing, in its capacity as owner
of the Leased Property, such applications and documents as may reasonably be required, for that
purpose.
During the term of this Lease Agreement and any renewal or continuation thereof,
the Trustees, as between the City and the Trustees, shall pay all regular and special assessments
and charges levied against the interests in the Leased Property that are leased by the City to the
Trustees hereunder, to the extent that any portion or installment thereof shall become due and
payable subsequent to the delivery of that interest in the Leased Property to the Trustees and
thereafter during the term of this Lease and any renewal or continuation thereof; provided that in
the event of a contest, the Trustees may permit any lien or account, or the amount thereof, so
contested to remain unpaid during the period of the contest and any appeal therefrom, if the
Trustees deliver to the City an opinion of legal counsel reasonably satisfactory to the City, to the
effect that nonpayment of any such item will not affect materially the interests of the City or the
Trustees in the Leased Property and will not subject the Leased Property, or any part thereof, to
imminent loss or forfeiture. During the period when any lien or account so contested remains
unpaid, the Trustees shall set aside on its books adequate reserves with respect thereto. The City
shall assume and pay, as between the City and the Trustees, any and all general or special
assessments levied against the interest in the Leased Property that is leased by the City to the
Trustees hereunder and that are levied with respect to the Leased Property for any tax year prior
to and including the tax year in which the term of this Lease Agreement commences. If and to the
extent that those proceeds are either not so available or not permitted by law to be applied thereto,
the Trustees shall pay any such general or special assessments.
SECTION 18. ASSIGNMENT AND SUBLEASING.
The Trustees shall not assign this Lease Agreement or any right, title, interest, estate
or obligation of the Trustees hereunder, or sublease or assign all or any part of the Leased Property
or any interest therein, without the express prior written consent of the City, which consent may
be withheld for any reason within the sole discretion of the City; provided, however, that in the
event that the Trustees shall consolidate with or transfer all of their assets to another public library
board governed by the provisions of the Ohio Revised Code, as amended, then the rights and
obligations of the Trustees hereunder shall automatically inure to and become the rights and
obligations of the successor public library board without the need for any action by or consent of
the City as long as the Leased Property remains open as a free public library.
The City shall not assign this Lease Agreement or any right, title, interest, estate or
obligation of the City hereunder, without the express prior written consent of the Trustees, which
consent may be withheld for any reason within the sole discretion of the Trustees.
SECTION 19. DEFAULT.
If the Trustees at any time during the term of this Lease Agreement or any renewal
or continuation thereof, shall fail to observe or perform any of the Trustees' covenants, agreements
or obligations hereunder, and if any such failure shall not be cured within thirty (30) days after the
City shall have given written notice to the Trustees specifying such failure; or in the case of a
default which cannot with due diligence be cured within a period of thirty (30) days, if the Trustees
fail to proceed promptly after the service of such notice and with all due diligence to cure the same
and thereafter to prosecute the curing of such default with all due diligence (it being intended that
in connection with a default not susceptible of being cured with due diligence within thirty (30)
days, that the time of the Trustees within which to cure the same shall be extended for such period
as may be reasonably necessary to complete the same with due diligence); or if the Trustees
abandon or vacate the Leased Property for ninety (90) days or more without authorization or
permitted cause; then in any such event, the City shall have the right to terminate this Lease
Agreement and all of the Trustees' rights hereunder, on a date specified in a written notice, which
date shall not be fewer than thirty (30) days after the date of the giving of such notice; and on the
date specified in such notice, this Lease Agreement and all rights granted to the Trustees hereunder
shall come to an end; and the Trustees hereby covenant to peacefully and quietly yield up and
surrender the Leased Property to the City, including all structures, buildings and improvements
located thereon.
SECTION 20. RIGHT OF CITY TO PAY OR PERFORM.
If the Trustees fail at any time to make any payment or perform any act on their
part to be made or performed hereunder (including without limitation, the procurement and
maintenance of insurance as provided in Section 15 hereof), then the City may, but shall not be
obligated to, do so without releasing the Trustees from any of their obligations under this Lease
Agreement or waiving any default; provided that, the City shall not proceed to make such payment
or to perform such act (A) sooner than the thirtieth day after written notice of the proposed payment
or performance of the act is given by the City to the Trustees unless the payment or performance
is required to be made promptly in order to preserve or protect persons or property, or (B) so long
as the Trustees commence any performance required hereunder not later than the thirtieth day after
written notice of their default is given to them by the City, and the Trustees are proceeding
diligently to cure the default.
All amounts so paid by the City and all costs and expenses in connection with such
performance by the City shall be reimbursed to the City by the Trustees on demand, and the City
shall have, in addition to any other right or remedy of the City, the same rights and remedies as in
the case of failure of the Trustees to observe any of their other covenants as provided in this
Section.
SECTION 21. QUIET ENJOYMENT.
The City covenants with the Trustees that, so long as the Trustees shall have
performed and observed the covenants and agreements on their part to be performed and observed
hereunder, the Trustees shall and may peaceably and quietly have, hold and enjoy the Leased
Property during the term of this Lease Agreement without hindrance from the City or any person
claiming through the City and shall defend the Trustees' right to such peaceable and quiet
enjoyment.
SECTION 22. SURRENDER OF LEASED PROPERTY.
At the expiration of the term of this Lease Agreement or of any renewal or
continuation thereof, the Trustees will surrender and deliver up to the City the Leased Property,
including all structures, buildings and other improvements thereon, in good repair and condition,
subject only to ordinary wear and tear.
SECTION 23. TAX EXCLUSIONS.
The Trustees represent that they have taken or caused to be taken, and covenant that
they will take or cause to be taken, any and all actions required of them, alone or in conjunction
with the City, for the interest on any obligations issued by the City to pay for construction,
furnishing or equipping of the Leased Property to be utilized at the North Olmsted Branch to be,
and remain, excluded from gross income from the owners thereof for federal income tax purposes.
The Trustees further represent that they have not taken or permitted to be taken on their behalf,
and covenant that they will not take or permit to be taken on their behalf, any action or actions that
would adversely affect such exclusion under the provisions of the Internal Revenue Code of 1986,
as amended.
SECTION 24. NOTICES.
Any notice permitted or required hereunder shall be in writing and shall be deemed
to have been properly given by mailing such notice by nationally -recognized overnight courier or
by registered or certified mail, postage prepaid, addressed to such party as follows:
(a) To the City:
City of North Olmsted
5200 Dover Center Road
North Olmsted, OH 44070
Attention: Mayor
(b) To the Trustees:
Board of Trustees
Cuyahoga County Public Library
2111 Snow Road
Parma, Ohio 44134
Attention: Executive Director and Facilities Director
(c) Or such other address as either party may from time to time
designate in writing at least fifteen (15) days in advance of
such notice.
SECTION 25. INTERPRETATION.
All terms and words used in this Lease Agreement, regardless of the number and
gender in which they are used, shall be deemed and construed to include any other number, singular
or plural, and any other gender, masculine, feminine or neuter, as the context or sense of this Lease
Agreement or any paragraph or clause herein may require, the same as if such words had been
fully and properly written in the applicable number and gender. The headings of sections and
paragraphs, if any, to the extent used herein, are used for reference only, and in no way define,
limit or describe the scope or intent of any provision hereof.
All references to duly enacted statutes, contained herein, shall also apply to such
statutes as they may hereafter be amended, modified or re-enacted. In the event of the repeal of
any referenced statute, comparable statutes, if any, shall govern, if possible.
SECTION 26. COUNTERPARTS.
This Lease Agreement may be executed in any number of counterparts, each of
which, when so executed and delivered, shall be deemed an original, but such counterparts together
shall constitute but one and the same instrument.
SECTION 27. RECORDING.
Either party may, at its expense, record a short form memorandum of this Lease
Agreement, which shall describe the term and renewal rights and other such pertinent information
as such party deems appropriate. However, the failure to record such a short form memorandum
shall not affect or impair the validity or effectiveness of this Lease Agreement as between the
parties, their successors or permitted assigns.
SECTION 28. MISCELLANEOUS.
(a) This Lease Agreement (including, without limitation, any exhibits and/or
attachments) constitutes the entire agreement between the parties and supersedes all prior
agreements and understandings related to the Facility, and there are no agreements, conditions and
covenants, either oral or written, between them other than as set forth herein. The headings of the
articles, sections, and paragraphs contained herein are for convenience only and do not define,
limit or construe the contents of such articles, sections, or paragraphs.
(b) No waiver of any agreement, condition or covenant shall be valid unless it
is in writing signed by the party to be bound thereby nor shall the waiver of a breach of any
agreement, condition or covenant be claimed or pleaded to excuse a future breach of the same
agreement, condition or covenant or any other agreement, condition or covenant.
(c) This Lease Agreement shall not be modified or amended, except by express
written agreement signed by an authorized representative of each of the City and the Trustees.
(d) If any agreement, condition or covenant of this Lease Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable,
the remainder of this Lease Agreement, or the application of such agreement, condition or covenant
to persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby and each agreement, condition or covenant of this Lease Agreement shall
be valid and be enforced to the fullest extent permitted by law.
(Remainder of this page intentionally left blank; signatures and acknowledgments follow)
IN WITNESS WHEREOF, the City has caused this Lease Agreement to be
executed by its Mayor, and the Trustees have caused this Lease Agreement to be executed by the
President and Secretary of the Board of Trustees of the Cuyahoga County Public Library, as of the
date first above written, pursuant to authority duly granted by the Council of the City of North
Olmsted and the Board of Trustees of the Cuyahoga County Public Library, respectively.
Signed and acknowledged
in the presence of:
Printed Name:
Printed Name:
Approved as to form:
Michael R. Gareau, Jr., Director of Law
City of North Olmsted, Ohio
Signed and acknowledged
in the presence of:
Printed Name:
Printed Name:
(Witness as to both)
Approved as to form:
Cuyahoga County Prosecutor's Office
By:
Assistant County Prosecutor
Counsel to the Board of Trustees of the
Cuyahoga County Public Library
CITY OF NORTH OLMSTED, OHIO,
Lessor
go
Nicole Dailey Jones, Mayor
BOARD OF TRUSTEES OF THE
CUYAHOGA COUNTY PUBLIC
LIBRARY, Lessee
LI-A
L-02
President, Board of Trustees
of the Cuyahoga County Public Library
Secretary, Board of Trustees
of the Cuyahoga County Public Library
EXHIBIT A
Legal Description
Situated in the City of North Olmsted, County of Cuyahoga, and State of Ohio:
And known as being part of Original Olmsted Township Lot No. 21, Tract No. 6 and
bounded and described as follows:
Beginning in the center line of Butternut Ridge Road (so called) at the southeasterly corner
of land conveyed by Charles A. Yesberger to George Glotzbaugh by deed dated January 6, 1891
and recorded in Volume 486, Page 159 of Cuyahoga County Records;
Thence northerly along said easterly hne of land so conveyed to said Glotzbaugh, 216 feet
to a stake;
— -Thence easterly_parallel_with thexenter line. of Butternut Ridge Road, 60 feet,_ _
Thence southerly parallel with the easterly line of land so conveyed to Glotzbaugh as�
aforeaid, 216 feet to the center line of Butternut Ridge Road;
Thence westerly along the center line of Butternut Ridge Road, 60 feet to the place of
beginning, be the same more or less, but subject to all legal highways.
EXHIBIT B
Copy of City Ordinance
(See attached)
EXHIBIT C
Copy of Resolution of Trustees
(See attached)
Cuyahoga County Public Library
A RESOLUTION AUTHORIZING THE LIBRARY TO ENTER
INTO AN AGREEMENT WITH THE CITY OF NORTH OLMSTED
REGARDING A LIBRARY BRANCH LEASE
Whereas, the Cuyahoga County Public Library (the "Library") is a political subdivision of the
State of Ohio organized under the Ohio Revised Code and this Board is acting
under relevant provisions of the Revised Code including 3375.40; and
Whereas, the Library currently occupies certain real property located at 27403 Lorain Rd,
North Olmsted, Ohio 4407 (the "Site") in North Olmsted, Ohio (the "City"), which
real property is currently owned by the City, and leased to the Library for the
purposes of operating the existing North Olmsted Library facility (the "Facility");
and
Whereas, the Library has been in a lease with the City of North Olmsted since 1965, with the
most recent lease being dated December 19, 2000; and
Whereas, the Library has been negotiating in good faith with the City for a new lease with a
minimum term of twenty (20) years to a maximum term of sixty (60) years, at the
Site, being known as Permanent Parcel Number 232-11-004; and
Whereas, the Board of Trustees believes the North Olmsted Library location can
continue to ensure excellence in the provision of Library services to the City
and surrounding communities throughout the term of the lease.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE
CUYAHOGA COUNTY PUBLIC LIBRARY SYSTEM, STATE OF OHIO
Section 1. That the Board of Trustees agrees to the terms and conditions
between the Library and the City of North Olmsted as expressed in the Lease
Agreement attached hereto as Exhibit A.
Section 2. That the Board of Trustees hereby approves the execution of a
Library Branch Lease and authorizes the President of the Board to sign said lease.
Section 3. It is found and determined that all formal actions of the Board of
Trustees concerning and relating to this legislation were adopted in an open
meeting of this Board and that all deliberations of this Board in any of its
committees that resulted in this formal action were meetings open to the public in
compliance with all legal requirements, including relevant provisions of the Ohio
Revised Code.
Approved , 2025
X
Allyn Davies, President
X
Amira Thomas, Secretary