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File #: 0857-2007    Version: 1
Type: Ordinance Status: Passed
File created: 5/21/2007 In control: Recreation & Parks Committee
On agenda: 6/4/2007 Final action: 6/11/2007
Title: To authorize the Executive Director of the Recreation and Parks Department to execute an Amended and Restated Lease Agreement and any ancillary documents by, among and between the City, the Board of County Commissioners Franklin County, and the Columbus Zoo to extend the term of the Prior Lease Agreements through December 31, 2037 in order to permit the Zoo to secure long-term bond financing for improvements to the property and to declare an emergency.
Explanation
 
Background:       On July 22, 2003, County, City, and The Columbus Zoological Park Association, Inc. ("Zoo") entered into an Amended and Restated Lease Agreement, in order to restate, amend, and consolidate prior lease agreements and make certain other necessary changes to the zoo lease.  The Amended and Restated Lease also extended the prior lease's term through December 31, 2023.  The Zoo has requested the  City and the County to extend the existing lease through December 31, 2037 in order to permit the Zoo to secure long-term bond financing for improvements to the property.  The following ordinance authorizes the Executive Director of the Recreation and Parks Department to execute an Amended and Restated Lease Agreement, any ancillary documents by, among, and between the City, County, and the Zoo necessary to extend the term of the Prior Lease Agreements through December 31, 2037.
 
Fiscal Impact:    N/A
 
Emergency Justification:    Emergency action is requested to allow this project, which will benefit the City of Columbus, to proceed without delay.
Title
 
To authorize the Executive Director of the Recreation and Parks Department to execute an Amended and Restated Lease Agreement and any ancillary documents by, among and between the City, the Board of County Commissioners Franklin County, and the Columbus Zoo to extend the term of the Prior Lease Agreements through December 31, 2037 in order to permit the Zoo to secure long-term bond financing for improvements to the property and to declare an emergency.
Body
 
 
WHEREAS,       on July 22, 2003, Franklin County, the City, and The Columbus Zoological Park Association, Inc. ("Zoo") entered into an Amended and Restated Lease Agreement, in order to restate, amend, and consolidate prior lease agreements and make certain other necessary changes to the zoo lease; and
 
WHEREAS,      these actions where taken with the intention of allowing the Columbus Zoological Park Association to refinance its bonds and to facilitate the expansion of the Columbus Zoo; and
 
WHEREAS,      it is now necessary and desirable to extend the City's existing lease, which expires on December 31, 2023, through December 31, 2037 in order to permit the Zoo to secure long-term bond financing for improvements to the property; and
 
WHEREAS,      an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Executive Director of the Recreation and Parks Department to execute an Amended and Restated Lease Agreement and any ancillary documents, by, among and between the City of Columbus, the Board of County Commissioners of Franklin County Ohio, and the Columbus Zoological Park Association necessary to extend the existing lease through December 31, 2037 for the immediate preservation of the public health, peace, property and safety; now, therefore:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
 
Section 1.      That the Executive Director of the Recreation and Parks Department be and hereby is authorized to execute an Amended and Restated Lease Agreement and any ancillary documents, as approved by the Department of Law, Real Estate Division, by, among and between the City of Columbus ("Lessor"), the Board of County Commissioners of Franklin County Ohio ("Lessor"), and the Columbus Zoological Park Association ("Lessee") necessary to extended the term of the Prior Lease Agreements in order to for the Columbus Zoological Park Association to secure  long-term bond financing for improvements to the property.
 
Section 2.      That the term of the lease shall be amended to extend through December 31, 2037.
 
 
Section 3.      That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.