2011-19

RESOLUTION EXPRESSING MARION CITY COUNCIL'S CONDITIONAL ASSIGNMENT OF PAYMENTS FROM SECTION 2.5 OF THE MARION GENERAL HOSPITAL LEASE (RELOCATION SUBSIDY) TO MARION PUBLIC HEALTH IN ASSOCIATION WITH THE CURRENT PROPOSAL WITH THE FOLLOWING TERMS AND CONDITIONS AND DECLARING AN EMERGENCY, AS AMENDED

WHEREAS, the Council for the City of Marion recognizes the offer first communicated at the very beginning of the lease negotiations with the governments and Marion General Hospital in the late 1990's in regard to a mutually agreed relocation subsidy related to the making available of additional lease space within the Marion General Hospital facility by the voluntary move by the Marion County Health Department finally being memorialized within the December 2010 lease, and

WHEREAS, the Marion Public Health Department has indicated a desire to affirm and obtain expressed consent of both governments as to the pass through of the offered subsidy to enable Marion Public Health's current proposed building purchase project,

NOW, THEREFORE, BE IT RESOLVED BY Council of the City of Marion, Marion County, Ohio:

Section 1. Marion Public Health has tendered a basic written proposal to relocate from the remaining space they occupy at Marion General Hospital and have also provided a summary pro-forma related to the purchase, construction, repair and maintenance of the proposed facility located at 181 S. Main Street within the City of Marion including the building immediately south thereof and including the parking lot associated with that vacant structure. The County of Marion has previously adopted a Resolution referencing Public's Health to incur substantial debt in order to purchase the properties and make them useful for their intended purpose.

THEREORE, the Council of the City of Marion, Ohio herein expressly affirms and provides its conditional assignment, pursuant to Section 2.5 Relocation Subsidy of the pass through subsidy payable directly to Marion Public Health upon the terms as contained within the lease as to (i) one-time payment and (ii) annual subsidy with escalator provision all to said Marion Public Health. This being consistent with the original negotiated relocation offer first tendered by M.G.H. in the late 1990's as a part of the extensive lease renewal negotiations. This Resolution only being necessitated given the language which was utilized in the current amended and restated lease document to ensure that the above referenced subject funds were actually utilized and realized as they were originally intended for their specific purpose. This assignment is specifically conditioned upon and subject to revocation if any funds other than the Relocation Subsidy are utilized, applied, paid, or otherwise used to pay costs associated with the purchase, construction, destruction and/or demo of the properties.

Section 2. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, and due to immediate need to move forward without further delay which may jeopardize the purchase transaction, and as such, shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise it shall become effective from and after the earliest period allowed by law.

 

__________________________
Approved: Dave Edwards
President of Council

_____________________________
Mayor Scott Schertzer

Attest:

_____________________________
Clerk of Council