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File #: 23-127    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 8/23/2023 In control: City Council
On agenda: 12/12/2023 Final action: 12/12/2023
Title: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ARLINGTON VALLEY FARMS, LLC, OR ITS ASSIGNEE, FOR THE LLC'S LEASE-PURCHASE OF THE REAL PROPERTY LOCATED AT 5369 HUDSON DRIVE, HUDSON, OHIO. Brief Description: A Second Amendment to the Land Installment Contract has been requested by the Buyer to change the Closing Date from February 1, 2024 to July 1, 2024 to align with the anticipated closing of a USDA loan financing the purchase. Additionally, monthly installment payments of ten thousand and 00/100 dollars ($10,000.00) would be continued from February 1, 2024 to June 30, 2024.
Sponsors: Jeffrey L. Anzevino
Indexes: Economic Development
Attachments: 1. Land Installment Contract - 5369 Hudson Drive - Execution Version (FINAL), 2. Arlington Valley Farms First Amendment to Land Installment Contract executed 01.2020, 3. City of Hudson Building Purchase Extension Request Sept 2023, 4. Second Amendment to Land Installment Contract (Arlington Valley Farms) amend 09152023, 5. Draft Ordinance, 6. Ordinance No. 23-127
Related files: 17-49, 16-36, 17-176
Title
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ARLINGTON VALLEY FARMS, LLC, OR ITS ASSIGNEE, FOR THE LLC'S LEASE-PURCHASE OF THE REAL PROPERTY LOCATED AT 5369 HUDSON DRIVE, HUDSON, OHIO.
Brief Description: A Second Amendment to the Land Installment Contract has been requested by the Buyer to change the Closing Date from February 1, 2024 to July 1, 2024 to align with the anticipated closing of a USDA loan financing the purchase. Additionally, monthly installment payments of ten thousand and 00/100 dollars ($10,000.00) would be continued from February 1, 2024 to June 30, 2024.
Body
Legislative History
Previous legislation permitted the purchase of the former RAMCO property and the sale of one of the buildings.
Resolution No. 16-36, authorizing purchase of property located at 5369 Hudson Drive and 1220 and 1239 Hudson Gate Drive, passed March 15, 2016.
Resolution No. 17-49, authorizing the sale of property located at 1239 Hudson Gate Drive, passed March 21, 2017.
Ordinance 17-176 authorizing the proposed amendments to the purchase agreement with Arlington Valley Farms.
Purpose & Explanation
The purpose of the legislation is to allow the City Manager to execute a Second Amendment to the Land Installment Contract with Arlington Valley Farms as requested by the Buyer to align with the anticipated closing of a USDA loan financing the purchase. A summary of the key changes from the First Amendment are shown below.
1. Commencement Date of Installation Payment. Sections 2(A) and 2(B) are herby deleted in their entirety and replace with the following:
A. Commencing April 1, 2018 until November 30, 2019, Buyer shall make no Installment Payments (hereinafter defined) to Seller under this Agreement, except for Buyer's responsibility for real estate taxes, insurance, expenses related to maintaining the Premises, and any other obligations of Buyer under this Agreement;
B. Commencing on December 1, 2019, and on the first day of ea...

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