WHEREAS, the City owns approximately 2.91 acres of real property located at 1776 Far Hills Avenue, Oakwood OH 45419, identified by Permanent Parcel ID number Q71014080033 as assigned by the Auditor of Montgomery County, Ohio (the “City Property”); and
WHEREAS, by Ordinances No. 1261 and 1270, passed on March 7, 1938 and May 16, 1938, respectively, Council authorized the leasing of the City Property to the Library Board for use for public library purposes, for a term of 99 years and a consideration of $1.00 per year; and
WHEREAS, pursuant to and consistent with that authorization, the Library Board constructed a library building on the City Property and began using the same for public library, but no formal written lease was prepared and entered between the parties until June 27, 1955 (the “1955 Lease”), committing the intent of Ordinances No. 1261 and 1270 to writing for a 99 year term beginning on March 7, 1938 and ending on March 7, 2037; and
WHEREAS, on September 24, 1971, the parties entered into an Amendment of Lease agreement, whereby the Library Board subleased a portion of the City Property back to the City, for a term beginning on September 24, 1971 and ending on March 7, 2037 and a consideration of $1.00 per year (the “1971 Sublease”); and
WHEREAS, as a result of the 1971 Sublease, the 2.91 acre City Property was not re-platted but was effectively divided into a western portion of approximately 1.368 acres of improved land utilized by and under the control of the Library Board for public library purposes (the “Library Portion”), and an eastern portion of approximately 1.542 acres of unimproved land utilized by and under the control of the City (the “City Portion”); and
WHEREAS, the Library Board presently desires to make additional improvements to its library building, including a small expansion on the east side of the building that would encroach upon the City Portion; and
WHEREAS, the City believes the Library Board’s expansion proposal is in the public interest and wishes to accommodate the same, making it necessary to amend the parties’ agreement to adjust the boundary between the Library Portion and City Portion of the City Property; and
WHEREAS, for economy of administration, both Council and the Library Board desire to make the necessary amendment and restate the entirety of their agreement in a single document, which is intended to replace the prior agreements referenced herein; and
WHEREAS, consistent with the foregoing, the City Attorney has prepared the Amended and Restated Lease Agreement attached hereto as Exhibit A, which is incorporated by this reference;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:
Based on the foregoing recitals, City Council hereby determines that the best interests of the City and its residents will be served by entering into the Amended and Restated Lease Agreement attached hereto as Exhibit A.
Consistent with Section 3.01 of the Charter, the adoption of this ordinance shall, and hereby does, authorize and direct the City Manager to execute the Amended and Restated Lease Agreement attached hereto as Exhibit A.
This ordinance is adopted as an emergency measure to take immediate effect, on the basis that it is necessary to promptly enter into the new lease agreement so as not to unduly impede the Library Board’s expansion project, thereby protecting and promoting the public welfare.
PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this day of , 2020.