8569-12 Easement agreement with Discount Drug Mart

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REFERRED TO THE COMMITTEE OF THE WHOLE 3/19/12. RESOLUTION NO. 8569-12 By; Anderson, Juris, Madigan, Nowlin, Powers, Smith A RESOLUTION to take effect immediately provided it receives the vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, author- izing the Mayor to enter into a shared access easement agreement with Discount Drug Mart, Inc., an Ohio corporation, governing the rights of the parties relative to a parcel located adjacent to 11900 Detroit Avenue. WHEREAS, the city administration wishes to enter into an easement agreement with Discount Drug Mart, Inc., an Ohio corporation, governing the rights of the parties relative to a city-owned parcel of land adjacent to the Drug Mart store located at 11900 Detroit Avenue; and WHEREAS, all contracts not specifically excepted by ordinance must be approved by Council pursuant to Section 111.02 of the Codified Ordinances; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this resolution is an emergency measure and that it 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 departments in that the City wishes to enter into the easement agreement for the parcel immediately, as there may now be no agreement governing its use; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. The Mayor is hereby authorized to enter into an easement agreement in sub- stantially the form as the agreement attached hereto as Exhibit A with Discount Drug Mart, Inc.. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this council, and that all such deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, incompliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measwe necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least five (5) members of Council this resolution shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the ear- liestperiod allowed by law.