8570-12 Authorize purchase of 1446 Mars & 1436 Grace

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RESOLUTION NO. 8570-12 $y; Bullock, 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 othertivise to take effect at the earliest period allowed by law, author- izing the Mayor to enter into a purchase agreement with Aivars and Anita S. Auzenbergs, Trus- tees of the Auzenbergs Family Revocable Living Trust dated January 27, 2010, for the sale and purchase of two residential parcels located at 1436 Grace Avenue and 1446 Mars Avenue, and authorizing the expenditure of funds in an amount not to exceed $228,250.00 in order to effectu- ate the intent of the agreement. WHEREAS, the city administration wishes to enter into a purchase agreement with the owners of 1436 Grace Avenue and 1446 Mars Avenue for the sale and purchase of those two properties for the sum of $207,500 plus incidental costs; 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 purchase agreement for the parcels immediately, as the closing date may be unduly delayed otherwise; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. The Mayor is hereby authorized to enter into a purchase agreement in substan- tially the form as the agreement attached hereto as Exhibit A with Aivars and Anita S. Auzen- bergs, Trustees of the Auzenbergs Family Revocable Living Trust dated January 27, 2010, for the sale and purchase of two residential parcels located at 1436 Grace Avenue and 1446 Mars Ave- nue, and authorizing the expenditure of funds in an amount not to exceed $228,250.00 in order to effectuate the intent of the agreement. 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, in compliance with all legal requirements. Section 3. This resolution is hereby declared to be an emergency measure necessary for