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CITY OF NORTH OLMSTED RESOLUTION N0.2011 - 127 By: Mayor Kennedy A RESOL UTION A UTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH MORRIS-PONTIAC-GMC, INC. DBA MORRIS CADILLAC - B UICK -GMC, INC. GRANTING A LICENSE TO ACCESS AND UTILIZE THE RECREATION CENTER PRIVATE DRIVEWAY IN CONJUNCTION WITH ITS APPROVED SITE PLAN AND DEVELOPMENT, AND DECLARING AN EMERGENCY. WHEREAS, Morris Pontiac -GMC, Inc., dba Morris Cadillac -Buick -GMC, Inc. (hereinafter, "Morris"), whose main office is located at 26100 Lorain Road, North Olmsted, Ohio 44070, proposes to construct upon its property a new automobile dealership and other site improvements; and WHEREAS, to facilitate the construction project,the City of North Olmsted has agreed to grant to Morris a license permitting it to access and utilize the City's private driveway; and WHEREAS, it is the recommendation of the Director of Planning and Development that said license agreement be entered into; WHEREAS, it is accordingly the desire of this Council to authorize the Mayor to enter into a License Agreement with Morri s in order to allow Morris to access and utilize the private drive at the Recreation Center during construction activity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That the Mayor be and he hereby is authorized to enter into a License Agreement with Morris. The License Agreement shall be inform and substance substantially similar to the License Agreement, marked as Exhibit A, and attached hereto, with only such changes to be hereinafter made in said contract as are not substantially adverse to the City and which are approved by the Director of Law. The character of any such changes as not being substantially adverse to the City shall be evidenced conclusively by the execution of the Agreement by the Mayor and the approval of the Agreement by the Director of Law. SECTION 2: That this Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and further for the reason that it is necessary that this Resolution go into effect immediately in order to provide Morris access to the Recreation Center private drive in December of 2011, and further provided it receives the affirmative vote oftwo-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: ~ ~~~ ~~ ~ ~U l l First Reading: ~~~/ _" ~ i I Second Reading: ~~~~~a~ Third Reading: ,:"~ ,~tr,"L~'