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ORDINANCE NO:
<br />
<br />41-01
<br />
<br />PLACED ON 1ST READING & REFERRED TO THE
<br />COMMITTEE OF THE WHOLE 9/17/01.
<br /> 2nd
<br /> Read 10/1/01.
<br /> BY: Corrigan, FitzGerald, George, Roth,
<br /> Seelie, Skindell, Smith.
<br />
<br /> AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into a Real Property Sale Agreement
<br />with Virginia Marti, Inc. d.b.a. Virginia Marti College and to receive Two Hundred Sixty-Five Thousand Dollars ($265,000.00)
<br />for the sale of the pwperty located at 11726-28 Detroit Avenue and 1385-87 Hird Avenue (PP# 312-33-017), Lakewood, Ohio,
<br />and specifically approving the attached "Real Property Sale Agreement" attached hereto as Exhibit A.
<br />
<br /> WHEREAS, the City of Lakewood, as a result of the action by Lakewood City Council, shall hold title in fee simple to
<br />the property located at 11726-28 Detroit Avenue and 1385-87 Hird Avenue (Pi~ 312-33-017), Lakewood, Ohio; and
<br />
<br /> WHEREAS, the property located at 11726-28 Detroit Avenue and 1385a87 Hird Avenue ~PP~ 312-33-017), Lakewood,
<br />Ohio has been on the market for nearly five (5) years; and
<br />
<br /> WHEREAS, it is in the public interest to see that this property be returned to an economically viable and tax generating
<br />use; and
<br />
<br /> WHEREAS, the City of Lakewood has completed a Phase I and Phase II Environmental Assessment of the property
<br />utilizing Community Block Grant dollars and a Cuyahoga County Brownfieid Technical Assistance Grant; and
<br />
<br /> WHEREAS, as a result of the Phase I and Phase II Assessments, Asbestos-Containing Materials (ACMs) were identified
<br />and an Underground Storage Tank was discovered on the subject property; and
<br />
<br /> WHEREAS, it was determined that certain environmental conditions required remediafion prior to the sale of said
<br />property to a subsequent purchaser; and
<br />
<br /> WHEREAS, the City of Lakewood retained Buckholz Caldwcll Weber & Associates to conduct a current market value
<br />property appraisal utilizing Community Block Grant dollars for the property located at 11726-28 Detroit Avenue and 1385-87 Hird
<br />Avenue (PI~ 312-33-017), Lakewood, Ohio; and
<br />
<br /> WHEREAS, Resolution No. 7574-01 was adopted by Lakewood City Council on July 16, 2001 authorizing application
<br />for financial assistance through the Cuyahoga County Brownfield Redevelopment Loan Fund for the purpose of purchasing and
<br />remediating the aforementioned property; and
<br />
<br /> WHEREAS, the City of Lakewood shall receive from Virginia Marti, Inc. d.b.a. Virginia Marti College Two Hundred
<br />Sixty-Five Thousand Dollars ($265,000.00) pursuant to the Real Property Sale Agreement; and
<br />
<br /> WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an
<br />emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTIONS
<br />10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that immediate action is necessary in
<br />order to facilitate this project prior to the expiration of the Purchase Option Agreement. NOW, WHEREFORE,
<br />
<br />BE IT ORDAINED BY TIlE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. The Council of the City of Lakewood hereby authorizes the Mayor or her designee to enter into a Real
<br />Property Sale Agreement with Virginia Marti, Inc. d.b.a. Virginia Mm'ti College and to receive Two Hundred Sixty-Five Thousand
<br />Dollars ($265,000.00) for the sale of the property located at 11726-28 Detroit Avenue and 1385-87 Hird Avenue (PP# 312-33-
<br />017), Lakewood, Ohio, and hereby specifically approves the ''Real Property Sale'Agreement" attached hereto as Exhibit A.
<br />
<br /> Section 2. The Council of the City of Lakewood hereby determines that entering into an agreement to sell said
<br />property to Virginia Mart/, Inc. al.b.a. Virginia Mart/College isin the best interest of the public health, safety, and welfare of the
<br />City of Lakewood and will further the goal of returning the property to an economically viable and tax generating use.
<br />
<br /> Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage
<br />of this Ordinance were adopted in an open meeting of this Courier, and that all such deliberations of this Council and any of its
<br />committees that resulted in such formal actions, were in meetings open to the public in compliance with all legal requirements.
<br />
<br /> Section 4. This Ordinance is hereby declared to be an emergency measure for the reasom set forth and defined in
<br />the preamble of this Ordinance, and provided it receives the affirmative vote of at least five (5) of its members elected to Council,
<br />this Ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor;
<br />otherwise it shall take effect and be in force after the earliest period allowed by law.
<br />
<br /> Presiden~
<br />
<br />Mayor /
<br />
<br />
<br />
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