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COMMERCIAL LEASE <br />This I,ease made and entered into at North Olmsted, Ohio, this. day of 1ti4aielaT <br />2001, by and between THE CITY OF NORTH OLMSTED, 5200 Dover Center Road, North <br />Olmsted, Ohio (hereinafter referred to as "Lessor") and JAMES LUMBER COMPANY, of 27375 <br />Lorain Road, North Olmsted, Ohio (hereinafter referred to as "Lessee"). <br />LEASE <br />Witnesseth: Lessor hereby leases to Lessee, and the latter lets from the former, the <br />business premises located at 27375 Lorain Road, North Olmsted, Ohio 44070 (hereinafter <br />referred to as "the Property"), legally described in attached Exhibit A, and known as Permanent <br />Parcel Numbers 232-11-021 and 232-11-022: <br />Item One. Term of Lease. The term of this Lease shall be six months, commencing on <br />the lst day of August, 2001, and concluding on the 31st day of December, 2001. This lease shall <br />not be renewed except in a writing signed by the Lessor. Lessee agrees that it shall promptly <br />surrender possession of the premises to Lessor unmediately upon the end of the terxn of this Lease. <br />With the written consent of Lessor, Lessee may continue to conduct its business upon the property <br />after the term of the Lease ends, 'but only as a month-to-month tenant, subject to all other terms <br />and conditions of this Lease. In the event that Lessee so continues as a month to month tenant, <br />Lessee agrees that it shall surrender possession of the premises to Lessor promptly upon receiving <br />thirty (30) days advance written notice of termination of the month-to-month tenancy from Lessor. <br />The parties further agree that Lessee may surrender possession of the Property to Lessor, without <br />penalty, at any time during term of this Lease, provided that it give Lessor at least thirty (30) days <br />advance written notice of the fact. Finally, Lessee expressly agrees that if it refuses to surrender <br />possession of the Property to Lessor when required to do so by this lease, or otherwise by law, <br />it shall be liable to Lessor thereafter for all attorney fees and other litigation expenses and costs, <br />which Lessor incurs in any and all actions taken to evict Lessee from the Property. <br />Item Two. Rent. In light of Lessee's promise to reside upon and care for the said real <br />property prior to demolition of the buildings on the Property, and further to maintain the Property <br />and pay certain tax and insurance obligations not including real estate taxes regarding the Property <br />as hereinafter set forth, Lessee shall pay to Lessor no (0) rent for the term of this Lease. However, <br />if Lessee is no longer entitled to occupy the Property, either because the term has ended or <br />because the month-to-month tenancy has ended, and Lessee remains upon the property, Lessor <br />shall be entitled to recover from Lessee the reasonable rental value of the Property for any such <br />periods. The parties expressly agree that the reasonable monthly rental value for the Property is <br />TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00). <br />Item Three. Use, Maintenance and Repair of Premises. Lessee agrees to use the leased <br />premises only for the retail lumber business which it presently operates on the prexnises, and to <br />not assign this Lease or sublet the premises, or use the premises for any other use. Further, <br />Lessee agrees that it shall not alter or make additions to the leased premises without the Lessor's