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Placed on 1st reading <br />referred to HHS 9/6/22 <br />Baker, Bullock, Kepple, Litten, <br />ORDINANCE NO. 29-2022 BY: Marx, Rader, Shachner <br />AN ORDINANCE to take effect immediately provided it receives the affirmative vote of <br />at least two thirds of the members of Council, or otherwise to take effect and be in force after the <br />earliest period allowed by law, authorizing and directing the Mayor to enter into a lease agreement <br />for the operation of the Bistro at Cove Community Center with HELP Foundation, Inc. pursuant <br />to Section 155.08 of the Codified Ordinances. <br />WHEREAS, the City is the owner of real property located in Lakewood, Ohio, known as <br />Cove Community Center; and <br />WHEREAS, HELP Foundation, Inc., whose predecessor in interest, Cornucopia, Inc., pre- <br />viously operated Nature's Bin and continues to operate a prepared food commissary and training <br />center on Sloane Avenue, is a Cleveland- and Lakewood -based nonprofit organization with the <br />special mission of providing work adjustment training for people with disabilities including devel- <br />opmental disabilities, mental illness, autism, visual and hearing impairment, and injuries resulting <br />from accident or illness; and <br />WHEREAS, the Help Foundation, has served as the city's concessionaire at Lakewood <br />Park during the 2017-2022 seasons with success and without controversy; and <br />WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake- <br />wood, this Council by a vote of at least two thirds of its members determines that this ordinance is <br />an emergency measure and that it shall take effect immediately, and that it is necessary for the <br />immediate preservation of the public property, health, and safety and to provide for the usual daily <br />operation of municipal departments, in that Cove Community Center is now open to the public <br />and this service would benefit the community; now, therefore, <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: <br />Section 1. The Mayor is hereby authorized and directed, on behalf of the City, to enter into <br />a lease agreement with HELP Foundation, Inc. for the operation of the Bistro at Cove Community <br />Center, pursuant to Section 155.08 of the Codified Ordinances, to be on terms approved by the <br />Director of Law and in substantially the same form as the document attached as Exhibit A. <br />Section 2. To the extent HELP Foundation, Inc.'s provision of services or other operation <br />under the Bistro lease agreement conflicts with other established municipal rules and ordinances <br />related to the presence of persons or the operation of food service at Cove Community Center, the <br />concession lease agreement shall control over those rules and ordinances. <br />