20-17 Authorize Concession Lease with Cornucopia

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Placed on first reading and referred to Public Works Committee 4/3/2017, second reading 4/17/2017. Recommended for adoption 4/17/2017. Please sub- stitute for the original. ORDINANCE NO. 20 -17 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force after the earliest pe- riod allowed by law, authorizing and directing the Mayor to enter into a concession lease agree- ment with Cornucopia, Inc. for the operation of food concessions at Lakewood Park, pursuant to Section 155.08 of the Codified Ordinances. WHEREAS, the City is the owner of real property located in Lakewood, Ohio, known as Lakewood Park; and WHEREAS, Cornucopia, Inc., which previously operated Nature's Bin and continues to operate a prepared food commissary and training center on Sloane Avenue, is a 42- year -old Lakewood -based nonprofit organization with the special mission of providing work adjustment training for people with disabilities including developmental disabilities, mental illness, autism, visual and hearing impairment, and injuries resulting from accident or illness; and WHEREAS, the City has determined that making available food concessions at Lake- wood Park offered by this local, longstanding non -profit corporation is in the best interests of the City and will further the interests of the City and its residents; and WHERAS, this Council by a vote of at least five of its members determines that this or- dinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal department in that the beginning of the 2017 park season is upon us; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized and directed, on behalf of the City, to enter in- to a concession lease agreement with Cornucopia, Inc. for the operation of food concessions at Lakewood Park, pursuant to Section 155.08 of the Codified Ordinances, the agreement to be on terms approved by the Director of Law and in substantially the same form as the document at- tached as Exhibit A. Section 2. To the extent Cornucopia, Inc.'s provision of services or other operation under the concession lease agreement conflicts with other established municipal rules and ordinances related to the presence of persons or the operation of food service in Lakewood Park, the conces- sion lease agreement shall control over those rules and ordinances.