Ordinance 2021-25: Pioneer Lines Lease Modification

ORDINANCE NO. 2021-25

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A WRITTEN MODIFICATION OF THE LEASE AGREEMENT WITH PIONEER LINES FOR THE LEASE OF THE LAND FOR OPERATION OF A PARKING LOT, AND DECLARING THE SAME AN EMERGENCY

WHEREAS, the Village of Antwerp, Ohio, leases real estate from the railroad, formerly with Wabash Railroad Company, later with Maumee & Western Railroad Corporation, and now with Pioneer Lines, said lease agreement referenced as NDW 96070 and for the lease of the land for the operation of a parking lot used by residents and customers of the downtown business district; and

WHEREAS, Pioneer Lines notified the Village of its intent to modify the terms and conditions of said lease agreement, including an annual rental rate increase of $500.00 effective January 1, 2022; and

WHEREAS, the Village Council had previously passed an ordinance to approve a lease agreement with the railroad, which ordinance was later repealed due to an inability to negotiate a reasonable annual lease term, so that the lease continued under its original terms; and

WHEREAS, the Village finds it to be in the best interest of the Village and its residents and businesses to continue to lease the downtown parking lot from Pioneer Lines, and in order to do so, the Village must acknowledge and accept the modification of the lease agreement, NDW 96070, as now presented.

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio:

Section 1. The Mayor is authorized to enter into a written modification of the lease agreement with Pioneer Lines for the lease of the land for the operation of the parking lot downtown, said lease agreement known as NDW 96070, and the terms and conditions of such written modification of the lease agreement are set forth in the November 5, 2021, letter from Pioneer Lines attached hereto and marked as Exhibit 1.

Section 2. The Village Fiscal Officer is authorized to pay the annual rental rate increase of $500.00 effective January 1, 2022, pursuant to the terms and conditions set forth in Exhibit 1.

Section 3. It is hereby found and determined that all formal actions of this Council concerning or relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 4. This Ordinance is hereby declared to be an emergency measure, necessary to authorize the Mayor to enter into the written modification of the lease agreement that is effective January 1, 2022, and allow the residents and customers of the downtown business district to continue to use the parking lot covered by the lease agreement, and shall take effect immediately upon its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.

Passed this ____ day of _____________, 2021.

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Jan Reeb, Mayor of the Village of Antwerp

Attest:

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Aimee Lichty, Fiscal Officer