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PLACED ON 1ST READING & REFERRED TO THE
<br /> COMMITTEE OF THE WHOLE 9/17/01.
<br />ORDINANCE NO: 40-01 BY: 2nd Read 10/1/01.
<br /> . Go~crigar~, FitzGerald, George, Roth, Seelie,
<br /> Skfndell, Smith.
<br /> AN EMERGENCY ORDINANCE authorzing the Mayor or her designee to enter into a Real l~oper~ Purchase
<br />Agreement to expend Two Hundred Fifty Thousand Dollars ($250,000.00) from the Cuyahoga County Brownfield Redevelopment
<br />Loan Fund for the puq)oses of purchasing the property located at 11726-28 Detroit Avenue and 1385-87 Hird Avenue (PP# 312-
<br />33-017), Lakewood, Ohio, and specifically, approving the attached "Real Property Purchase Agreement" attached hereto as
<br />Exhibit A.
<br />
<br /> WHEREAS, on April 23, 2001, Eugene Erhardt, the current property owner of the aforementioned property, signed a
<br />Purchase Option to sell said property to Virginia Marti, Inc. d.b.a. Virginia Marfi College with said Purchase Option being
<br />assignable to the City of Lakewood; and
<br />
<br /> WHEREAS, on Iune 30, 2001, the second extension on the Purchase Option was signed to expire at midnight on
<br />October 8, 2001; and
<br />
<br /> WHEREAS, on September 7, 2001, the third extension on the Purchase Option was signed to expire at midnight on
<br />October 18, 2001; and
<br />
<br /> WHEREAS, the City of Lakewood is compelled to exercise the purchase option of said property by October 18, 2001;
<br />
<br /> WHEREAS, the City of Lakewood shall pay Two Hundred Fifty Thousand Dollars ($250,000.00) pursuant to thc Real
<br />Property Purchase Agreement from the Cuyahoga County Brownfield Redevelopment Loan Fund for the aforementioned property;
<br />and
<br />
<br /> WHEREAS, the property located at 11726-28 Detroit Avenue and 1385-87 Hird Avenue (PI~ 312-33-017), Lakewoed,
<br />Ohio has been on the market for nearly five (5) years; and
<br />
<br /> WHEREAS, the City of Lakewood has completed a Phase I and Phase H Environmental Assessment of the property
<br />utilizing Community Block Grant dollars and a Cuyahoga County Brownfield Technical Assistance Grant; and
<br />
<br /> WHEREAS, the City of Lakewood retained Buckholz Caldwell Weber & Associates to conduct a current market value
<br />property appraisal utilizing Community Block Grant dollars for the property located at 11726-28 Detroit Avenue and 1385-87 Hird
<br />Avenue (PP# 312-33-017), Lakewood, Ohio; and
<br />
<br /> WHEREAS, it is in the public interest to see that this property be returned to an economically viable and tax generating
<br />use; and
<br />
<br /> WHEREAS, this Council by 'a vote of at least five (5) members elected thereto determines that this ordinance is an
<br />emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE ul, SECTIONS
<br />10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that immediate action is necessary in
<br />order to facilitate this project prior to the expiration of the Purchase Option Agreement. NOW, WHEREFORE,
<br />
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. The Council of the City of Lakewood hereby authorizes the Mayor or her designee to enter into a Real
<br />Property Purchase Agreement with Eugene Erhardt for the purposes of purchasing the property located at 1172628 De~'oit
<br />Avenue and 1385-87 Hird Avenue (PP# 312-33-017), Lakewood, Ohio, and hereby specifically approves the "Real Property
<br />Purchase'Agreement" aRached hereto as Exhibit A.
<br />
<br /> Section 2. The Council of the City of Lakewood hereby determines that entering into a Real Property Purchase
<br />Agreement for the purposes of purchasing and remediating the property is in the best interest of the public health, safety, and
<br />welfare of the City of Lakewood and will forther the goal of returning the property to an economically viable and tax generating
<br />
<br /> Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of
<br />this Ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and any of its
<br />committees that resulted in such formal actions, were in meetings open to the public in compliance with all legal requirements.
<br />
<br /> Section 4. This Ordinance is hereby declared to be an emergency measure for the reasons set forth and defined in the
<br />preamble of this Ordinance, and provided it receives the affirmative vote of at least five (5) of its members elected to Council, this
<br />Ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor; otherwise it
<br />shall take effect and be in force after the earliest period allowed by law.
<br />
<br />Clerk o~~
<br />
<br />
<br />
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