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Please Substitute for the original <br />Bullock, Kepple, Litten, Neff, O'Malley, Rader, <br />ORDINANCE NO. 06-2021 Shachner <br />AN ORDINANCE to take effect immediately provided it receives the vote of at least two <br />thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, <br />declaring improvement to real property within the City of Lakewood, Ohio to be a public purpose; <br />exempting such improvement from real property taxation; requiring the owners of the property to <br />make service payments in lieu of real property taxes; establishing an urban redevelopment tax <br />increment equivalent fund for the deposit of service payments, making related authorizations <br />pursuant to Ohio Revised Code Sections 5709.41, 5709.42, 5709.43 AND 5709.83; and <br />authorizing a service payment agreement in connection with the same. <br />WHEREAS, Ohio Revised Code ("R.C.") Sections 5709.41, 5709.42 and 5709.43 (the <br />"TIF Statutes") provide that this Council may, under certain circumstances, declare Improvement <br />(as defined below and in the TIF Statutes) to certain parcels of real property located in the City of <br />Lakewood, Ohio (the "City") to be a public purpose and exempt from real property taxation, <br />provide for the payment service payments in lieu of real property taxes by the owners of such <br />property and establish an urban redevelopment tax increment equivalent fund for the deposit of <br />such service payments in lieu of taxes; and <br />WHEREAS, JDSI VODW, LLC (collectively, with its various affiliates, the "Developer") <br />desires to construct or cause to be constructed a mixed -use commercial, retail and multi -family <br />apartment and mixed -use development (the "Project") on certain parcels of real property described <br />and depicted on Exhibit A attached hereto (the "Property") within the City; and <br />WHEREAS, the Developer has requested that the City enact this Ordinance pursuant to the <br />TIF Statutes to assist the Developer with the development of the Project; <br />WHEREAS, in order to enact this Ordinance, the TIF Statutes specify that (1) the City <br />must hold fee title to the Property prior to the adoption of this Ordinance, and (2) the Property <br />must be conveyed or leased to any person either before or after the adoption of this Ordinance; and <br />WHEREAS, as authorized by Ordinance No. 05-21, passed January 19, 2021, by limited <br />warranty deed dated February 25, 2021, the current owners of the Property have conveyed fee title <br />to the Property to the City, and by quit claim deed dated February 25, 2021, the City has conveyed <br />fee title to the Property back to the current owners of the Property; and <br />WHEREAS, the aforementioned deeds have been recorded in the records of the Cuyahoga <br />County Recorder; and <br />WHEREAS, the City has implemented several planning initiatives to further its economic <br />development efforts, including, but not limited to, the Gold Coast Master Plan, the Lakewood Park <br />Master Plan, the Detroit Avenue Streetscape Plan, the Kaufman Park Master Plan and the Uptown <br />Madison Parking Study (collectively, the "Development Plans"); and <br />