8587-12 Settle agreement w/ Ice Land USA over tax valuation

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REFERRED TO THE FINANCE COMMITTEE 6/18/12 READ &'RECOMMENDED:FOR ADOPTION 7/2/12. RESOLUTION NO. 8587-12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, authorizing the Mayor to enter into a settlement agreement with Ice Land USA-Lakewood, LLC and the Lakewood Cit}+ School District Board of Education over the tas valuation of Wiuterhurst ice rink. WHEREAS, the lease agreement behveen the City of Lakewood as landlord and Ice Land USA- Lakewood, LLC as tenant governing the rental of the Winterhurst ice rink requires the tenant to reim- burse the City for any property tales that become due and owing on the property; and WHEREAS, Ice Land USA-Lakewood, LLC has challenged the tas valuation of the property before the Cu}+ahoga County Boards of Revision; and WHEREAS, Ice Land USA-Lakewood, LLC and the Lakewood City School District Board of Education have come to an agreement iu principle over the tas vahiatiou of Wiuterhurst, which agree- ment is reflected in the attached document titled "Settlement Agreement"; and WHEREAS, while the City's enhy into this settlement agreement is a mere formality, as the Cu}+ahoga County Fiscal Officer ultimately makes the administrative determination as to tas valuation, the agreement will be used to demonstrate a meeting of the parties' minds and the City's consent to the triable valve of the property; and WHEREAS, this agreement is revenue-neuh•rl to City as Ice Land USA-Lakewood, LLC merely reimburses the City for tas payments; rnd WHEREAS, all contracts not specifically excepted by ordinance umst be approved by Council pursuant to Section 111.02 of the Codified Ordinances; and Wl IEREAS, this Council by a vote of at least five (5) of its members determines that this resolu- tion is an emergency measure, and that this resolution 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 inunediate preservation of the public propert}+, health and safety, and to pro- vide for the usual daily operation of municipal depardnents in that it is in the best interest of the City to resolve litigated claims in a timel}+mauner. Now, therefore, BE IT RESOLVED BY THE CITY OP LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized to enter into rn agreement with Ice Land-USA Lake- wood, LLC and the Lakewood City School District Board of Education over the tax valuation of Wiater- hurst ice rink, which agreement is in substantially the form as that attached hereto as Exhibit A.