37-91 Purchase 1360 Belle - Parking Garage

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PLACED ON FIRST READING & REFERRED to CMTE OF THE WHOLE on 5/6/91. PLACED ON SECOND READING on 5/20/91. ORDINANCE NO. 37-9t BY: Boscia, Gallagher, George, Graham, Roth, Smith AN EMERGENCY ORDINANCE authorizing and directing the Mayor, on behalf of the City of Lakewood, to enter into a Purchase and Sale Agreement with Apcoa, Inc. for the sale of Municipal Parking Garage No. 2 located at 1360 Belle Avenue, (Permanent Parcel Nos. 312-17-108 through 312-17-114, and 312-17-128 through 312-17-134). WHEREAS, members of Council recommended to the Administra- tion during 1990 Budget Hearings that consideration be given to sale of the North Parking Garage, and WHEREAS, Public Works Director, Frank K. Ziegenruecker, reported to Council on October 1, 1990, that in independent appraisal of the property had been obtained and distributed to members of Council, and WHEREAS, the Finance Committee of Council reported on November 19, 1990, the unanimous recommendation to proceed with the sale of the North Parking Garage in a communication to Council at- tached hereto as Exhibit "A" which communication was received, filed and concurred in by Council, and ~ WHEREAS, the City solicited bids for the sale of Municipal Parking Garage No. 2 and Apcoa, Inc. was the highest and best bidder was their bid was equal to or exceeded the appraised value of the Garage as established by an independent appraiser, and WHEREAS, the Mayor and Apcoa, Inc. have negotiated the details of the Purchase and Sale Agreement in conformity with the bid and bid specifications, and WHEREAS, Council has determined that it is in the best interest of the City to sell said property more fully described in the Purchase and Sale Agreement attached hereto as Exhibit "B" and incorporated by reference herein, and WHEREAS, provisions regarding real property transactions are contained in Chapter 155 of the Codified Ordinances of the City of Lakewood and Section 155.07 provides that specific procedures may be established for the sale or disposition of particular real estate or interest therein, WHEREAS, the property to be conveyed according to the PurchaSe and Sale Agreement as Exhibit "B" and attached hereto is uniquely situated so that its use by the proposed buyer is superior to any possible public use, and WHEREAS, the attached Purchase and Sale Agreement constitutes the conclusion of an arms length transaction between representatives of the City and Apcoa, Inc., and such sale is in the interest of all the citizens of this community, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare; now, therefore~ BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Mayor on behalf of the City of Lake- wood, be and he is hereby authorized and directed to enter into a Purchase and Sale Agreement for the sale of the property located at 1360 Belle Avenue and described in Exhibit "B" attached hereto and incorporated by reference herein, with such additional provisions as are acceptable to the Director of Law to protect the public interest.