08-2023 - Authorize lease with HELP Foundation

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1st Read as Reso. 2023-12 and referred to PWS 03/06/23; 2nd reading 4/3/23 Baker, Bullock, Kepple, Marx, ORDINANCE NO. 08-2023 BY: Rader, Shachner 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 an amendment to the concession lease agreement with HELP Foundation, 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, HELP Foundation, Inc., which through its predecessor in interest, Cornuco- pia, Inc., previously. operated Nature's Bin and continues to operate a prepared food commissary and training center on Sloane Avenue, is a Cleveland- and Lakewood -based nonprofit organization with the special mission of providing work adjustment training for people with disabilities includ- ing developmental disabilities, mental illness, autism, visual and hearing impairment, and injuries resulting from accident or illness; and WHEREAS, HELP Foundation, Inc. hasserved as the City's concessionaire at Lakewood Park since 2017 with success and without controversy; and - WHEREAS, the City has determined that continuing to make available food concessions at Lakewood 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 WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- wood, this Council by a vote of at least two thirds of its members determines that this ordinance 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 2023 park season is nearing; 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 into an amendment to the concession lease agreement with HELP Foundation, Inc. for the operation of food concessions at Lakewood Park, pursuant to Section 155.08 of the Codified Ordinances, with the amendment to be on terms approved by the Director of Law and in substantially the same form as the document attached as Exhibit A. Section 2. To the extent HELP Foundation, Inc.'s provision of services or other operation under the concession lease agreement conflicts with other established municipal rules and