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File #: 0179-2014    Version: 1
Type: Ordinance Status: Passed
File created: 1/15/2014 In control: Recreation & Parks Committee
On agenda: 2/10/2014 Final action: 2/12/2014
Title: To authorize the Director of the Department of Recreation and Parks to enter into a revenue-generating lease agreement approved by the Columbus City Attorney, Real Estate Division, with Saint Stephen Community Services, Inc., an Ohio nonprofit corporation, d.b.a. St. Stephen’s Community House, to nonexclusive use, operate, maintain, and manage a public aquaponics agricultural program upon a portion of the City’s real property located at 1701 Joyce Avenue, Columbus, Ohio 43219, which is commonly known as Maloney Park; and to declare an emergency. ($0.00)
...EXPLANATION
 
BACKGROUND:  
 
The Columbus Recreation and Parks Department ("CRPD") on behalf of the City of Columbus, Ohio, an Ohio municipal corporation ("City"), desires to enter into a lease agreement with Saint Stephen Community Services, Inc., an Ohio nonprofit corporation, d.b.a. St. Stephen's Community House ("SSCS"), whose principle place of business is 1500 East 17th Avenue, Columbus, Ohio 43219.  CRPD desires to lease to SSCS a portion of the City's real property located at 1701 Joyce Avenue, Columbus, Ohio 43219 [Franklin County Tax Parcel 010-018473], which is commonly known as the City's Maloney Park ("Premises") to nonexclusively use, operate, maintain, and manage a public aquaponics agricultural program.  SSCS will lease the Premises for an initial term of twenty (20) years commencing on January 1, 2014, and terminating on December 31, 2033, unless otherwise terminating sooner as described under the lease agreement.  Additionally, this lease agreement will automatically renew for an additional twenty (20) year term commencing on January 1, 2034, and terminating fully on December 31, 2053, unless otherwise terminating sooner as described under the lease agreement.  CRPD reviewed and determined that it is in the City's best interest to enter into this lease agreement and SSCS is required to pay nominal rent in annual amount of One and 00/100 U.S. Dollars ($1.00), because SSCS use, operation, maintenance, and management of the public aquaponics agricultural program at the Premises is a benefit to the City, public, and local community.  Therefore, this ordinance authorizes the Director of the Recreation and Parks Department to enter into a lease agreement approved by the Columbus City Attorney, Real Estate Division, with SSCS relating to SSCS' nonexclusive use, operation, maintenance, and management of a public aquaponics agricultural program upon a portion of the Premises.
 
 
FISCAL IMPACT:      The City's receipt of the annual rent payments from Saint Stephen Community Services, Inc will be deposited in Fund 285, OCA# 028043, Misc. Revenue Recreation and Parks.
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EMERGENCY JUSTIFICATION:      Emergency action is requested so to not delay the City's benefit resulting from Saint Stephen Community Services, Inc.'s use, operation, maintenance, and management of a public aquaponics agricultural program at the Premises, which will preserve the public peace, health, property, safety, and welfare.
 
TITLE
To authorize the  Director of the Department of Recreation and Parks to enter into a revenue-generating lease agreement approved by the Columbus City Attorney, Real Estate Division, with Saint Stephen Community Services, Inc., an Ohio nonprofit corporation, d.b.a. St. Stephen's Community House, to nonexclusive use, operate, maintain, and manage a public aquaponics agricultural program upon a portion of the City's real property located at 1701 Joyce Avenue, Columbus, Ohio 43219, which is commonly known as Maloney Park; and to declare an emergency. ($0.00)
 
BODY
 
WHEREAS, the Recreation and Parks Department desires to enter into a lease agreement with Saint Stephen Community Services, Inc. for the nonexclusive use, operation, maintenance, and management of a public aquaponics agricultural program upon a portion of the City's real property located at 1701 Joyce Avenue, Columbus, Ohio 43219 [Franklin County Tax Parcel 010-018473], which is commonly known as the City's Maloney Park ("Premises");
 
WHEREAS, Saint Stephen Community Services, Inc. will lease the Premises for an initial term of twenty (20) years commencing on January 1, 2014, and terminating on December 31, 2033, unless otherwise terminating sooner as described under the lease agreement;
 
WHEREAS, this lease agreement will automatically renew for an additional twenty (20) year term commencing on January 1, 2034, and terminating fully on December 31, 2053, unless otherwise terminating sooner as described under the lease agreement;
 
WHEREAS, the Recreation and Parks Department reviewed and determined that it is in the City's best interest to enter into this lease agreement and SSCS is required to pay nominal rent in annual amount of One and 00/100 U.S. Dollars ($1.00), because SSCS use, operation, maintenance, and management of the public aquaponics agricultural program at the Premises is a benefit to the City, public, and local community;
 
WHEREAS, an emergency exists in the usual daily operation of the City, because it is immediately necessary to authorize the  Director of the Department of Recreation and Parks to enter into a lease agreement with SSCS for the nonexclusive use, operation, maintenance, and management of a public aquaponics agricultural program, which will preserve the public health, peace, property, safety, and welfare; NOW, THEREFORE:
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO ("CITY"):
 
SECTION 1.      The Director of the Department of Recreation and Parks is authorized to execute those documents necessary to enter into a lease agreement between the City and Saint Stephen Community Services, Inc., an Ohio nonprofit corporation, d.b.a. St. Stephen's Community House ("SSCS"), to lease a portion of the City's real property located at 1701 Joyce Avenue, Columbus, Ohio 43219 [Franklin County Tax Parcel 010-018473], which is commonly known as the City's Maloney Park ("Premises"), to nonexclusively use, operate, maintain, and manage a public aquaponics agricultural program.
 
SECTION 2.      The terms and conditions of the lease agreement described in Section 1 of this ordinance shall be in a form approved by the Columbus City Attorney, Real Estate Division, and shall contain the following language:
 
·      Be for an initial twenty (20) year term commencing on January 1, 2014, and terminating on December 31, 2033, unless otherwise terminating sooner as described under the lease agreement;
·      Automatically renew for an additional twenty (20) year term commencing on January 1, 2034, and terminating fully on December 31, 2053, unless otherwise terminating sooner as described under the lease agreement;
·      SSCS is required to pay nominal rent in annual amount of One and 00/100 U.S. Dollars ($1.00); and
·      All other terms and conditions approved by the Columbus City Attorney, Real Estate Division.
 
SECTION 3.      The City's receipt of the annual rent from Saint Stephen Community Services, Inc. will be deposited with the City's Fund 285, OCA# 028043, Misc. Revenue Recreation and Parks.
 
SECTION 4.      For the reasons stated in the preamble hereto, which are 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 its passage and approval by the Mayor, or ten (10) days after its passage if the Mayor neither approves nor vetoes the same.