Label
Sale of 940 South Avenue (Mayores Senior Center)
Department of Housing and Community Development
Director Rosalyn Clemens, (x3647)
Revised
Title
Authorizing the Mayor to enter into a Real Estate Purchase and Sale Agreement with the Neighborhood Health Association of Toledo, Inc. (“NHA”) and to execute and deliver needed instruments for the sale and conveyance of city-owned real property located at 940 South Avenue, in Toledo, Lucas County, Ohio; approving the inclusion of a twenty (20) year restrictive use covenant and a Perpetual Easement in the conveyance; making certain findings with respect thereto; waiving the competitive bidding and advertising provisions of TMC 187.19; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The City of Toledo (“City”) is the owner of certain real property located at 940 South Avenue, Toledo, Ohio 43609, as shown in Exhibit A (“Subject Property”), which is currently utilized as a senior, health, and community service center. The Subject Property is currently maintained by the City and leased to NHA, who provides essential public health services and community programs at the location.
The Neighborhood Health Association of Toledo, Inc. (“NHA”) is interested in acquiring the Subject Property to ensure the long-term continuation of its health, senior, and community service programming, which benefits the residents of the City of Toledo.
The transfer is structured as a negotiated sale at a nominal price to secure the property’s long-term use for public benefit. The conveyance will include a covenant running with the land, restricting the Property’s use for a period of twenty (20) years to a senior center, community service center, or health center. Additionally, the sale addresses a potential encroachment into the adjacent alley Right-of-Way via a Perpetual Easement, which is necessary to ensure clear title and the continued function of the existing improvements.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor is authorized to enter into a Real Estate Purchase and Sale Agreement (“Agreement”) with the Neighborhood Health Association of Toledo, Inc. for the sale and conveyance of the real property located at 940 South Avenue, Toledo, Ohio 43609, as outlined on Exhibit A, for a sales price of One Dollar ($1.00). This authorization includes the power to agree to the restrictive use covenant for twenty (20) years and the provision for the execution and delivery of a Perpetual Easement for the existing alley encroachment (as defined in Section 11 of the Agreement). The conveyance shall be in accordance with additional terms and conditions approved by the Mayor, the Director of Law and the Department of Economic Development as being in the best interests of this City, and in keeping with the findings, determinations and purposes of this Ordinance, with the execution by the Mayor of the Agreement being conclusive evidence of such approvals, and no further action relating thereto shall be required by Council.
SECTION 2. That Council finds and determines that the Real Property to be sold or otherwise disposed of pursuant to the terms of the Agreement is Real Property which is not needed by the City for any municipal purpose; that the disposition thereof to the Neighborhood Health Association of Toledo, Inc. in accordance with the Agreement is in the best interests of the City, as it ensures the continuation of essential community services; that disposition of the said Real Property by negotiation pursuant to the Agreement is the appropriate method of making it available for public benefit in accordance with the terms of the Agreement.
SECTION 3. That this Council approves the Agreement, including the sale of said Subject Property provided for therein, notwithstanding and as an exception to the competitive bidding and advertising provisions of Chapter 187 and other provisions of the Toledo Municipal Code.
SECTION 4 That the Mayor is authorized to execute and deliver such documents, certifications and instruments as are necessary to consummate the sale of the subject property; and the Director of Economic Development, the Director of Law, the Director of Finance, Clerk of Council and other appropriate officials of the City are authorized to enter into, execute and deliver such other instruments, agreements, documents and certificates and to take such other lawful action as may be necessary or appropriate in order to fully implement the sale and to consummate the conveyance of the subject property.
SECTION 5. That the City is authorized to cause proper recording of said needed instruments with the Recorder of Lucas County, Ohio.
SECTION 6. That it is found and determined that all formal actions of Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of Council and that all deliberations of Council and any of its committees that result in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 Ohio Revised Code.
SECTION 7. That this Ordinance is declared to be an emergency measure and shall take effect and be in force immediately from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this Ordinance must be immediately effective to facilitate the execution and delivery of the Agreement and conveyance of the above described real property so that the continuation of essential health and senior center operations may be assured, to the benefit of the residents of the City of Toledo.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council