19-2023 - Authorize lease agreements with HELP Foundation

Home Browse Search

DocuSign Envelope ID: D1311884D-CF2F-4216-8AOE-A3FO99C9D555 lst read & referred to PWS 9/5/23 ORDINANCE NO. 19-2023 Please substitute for the original BY: Baker, Bullock, Kepple, Litten, Marx, 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 two amended lease agreements for the operation of the food concessions at Lakewood Park and the Bistro at Cove Community Center with HELP Foundation, Inc. pursuant to Section 155.08 of the Codified Ordinances. WHEREAS, the City is the owner of real property located in Lakewood, Ohio, known as Cove Community Center and Lakewood Park; and WHEREAS, HELP Foundation, Inc., whose predecessor in interest, Cornucopia, Inc., pre- viously 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 including devel- opmental disabilities, mental illness, autism, visual and hearing impairment, and injuries resulting from accident or illness; and WHEREAS, the Help Foundation, has served as the city's concessionaire at Lakewood Park during the 2017-2023 seasons with success and without controversy and the Bistro at Cove Community Center since it opened; 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 renewal of these leases will would benefit the commu- nity; 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 two lease amendments with HELP Foundation, Inc. for the operation of food concessions at Lake- wood Park and the Bistro at Cove Community Center, pursuant to Section 155.08 of the Codified Ordinances, to be on terms approved by the Director of Law and in substantially the same form as the documents attached as Exhibit A and Exhibit B . Section 2. To the extent HELP Foundation, Inc.'s provision of services or other operations under the lease amendments and original concession lease agreement or Bistro lease agreement conflicts with other established municipal rules and ordinances related to the presence of persons