33-18 Authorize Mayor to Renew Lease with Iceland USA-Lakewood, LLC for Winterhurst

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Read and referred to Committee of the whole 6/18/18; second reading 7/2/18. Recommended for adoption 7/9/18. Please substitute for the original. ORDINANCE NO. 33 -18 BY: Anderson, Bullock, George, Litten, O'Leary, O'Malley, Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing and directing the Mayor to enter into a first amend- ment to the amended and restated lease agreement with IceLand USA - Lakewood, LLC for the lease of the real property located at 14740 Lakewood Heights Boulevard, known as Serpentini Arena at Winterhurst, pursuant to Section 155.08 of the Codified Ordinances. WHEREAS, the City is the owner of real property located at 14740 Lakewood Heights Boulevard, known as Serpentine Arena at Winterhurst; and WHEREAS, on or about July 24, 2013, by Council's authority the City entered into a lease agreement with IceLand USA - Lakewood, LLC, for a renewed term of five years at Winter- hurst; and WHEREAS, the renewed lease term expires on or about August 31, 2018; and WHEREAS, this Council has determined it is in the best interest of the City to renew its leasehold relationship with IceLand USA - Lakewood, LLC to further the interest of the City and its residents, under terms and conditions favorable to both parties; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordi- nance is an emergency measure and that it shall take effect immediately, 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 departments, in that the existing lease term ends August 31, 2018; 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 first amendment to the amended and restated lease agreement with IceLand USA - Lakewood, LLC for the lease of the real property located at 14740 Lakewood Heights Boulevard, known as Serpentini Arena at Winterhurst, pursuant to Section 155.08 of the Codified Ordinances, in sub- stantially the same form as the document attached as Exhibit A. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.