2023-34 - Authorize agreement to end lease with Iceland USA

Home Browse Search

Baker, Bullock, Kepple, Litten, Marx, Rader, Shachner RESOLUTION NO.2023-34 BY: A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five 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 an agreement with Iceland USA - Lakewood LLC and all related agreements for the closing of the lease of ,14740 Lakewood Heights Boulevard, known as Winterhurst Ice Rink. WHEREAS, the City is the owner of real property located at 14740 Lakewood Heights Boulevard, known as Winterhurst Ice Rink; and _WHEREAS, in 2008 and most recently renewed in 2018 by Ordinance 3 3 -18, the City leased the Winterhurst Ice Rink and transferred operational control to Iceland USA -Lakewood LLC as set forth in the executed lease agreement; and WHEREAS, the City has determined it is in the best interests of the community to change the operational structure of the Winterhurst Ice Rink; and WHEREAS, on March 27, 2023, the City notified the current leaseholder of the City's intent to terminate the lease agreement in accordance with the terms of said lease; and WHEREAS, the Administration has undertaken significant negotiations of the closing terms necessary to formalize termination of the lease, which includes the settlement of funds and equipment; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this resolution is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public peace, property, health and safety, and to provide for the usual daily operation of municipal departments to allow for the efficient transition of operations for Winterhurst Ice Rink; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized to enter into an agreement with Iceland USA - Lakewood LLC for the closing of the lease of 14740 Lakewood Heights Boulevard, known as Winterhurst Ice Rink, effective June 30, 2023, in substantially the form as Exhibit A, together with any ancillary agreements necessary to complete the closing of the lease. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council,