Explanation
Through this 2010 MOU both parties agree and acknowledge that all City owned property on the Whittier Peninsula is now included as part of the Premises covered by the Lease with the exception of the Public Utilities Electrical Substation and the Storm Tank Area (Zone D) South of Whittier Street. These properties are outlined on the attached map titled Scioto Audubon Metro Park. The City will continue to operate the Impound Lot until its complete move to a new location targeted for first quarter of 2011. Until the move is completed, the City shall allow Metro Parks reasonable access to the Impound Lot for environmental and facility assessment purposes, and will continue the cooperative relationship enjoyed by the Columbus Police, Department of Public Safety and Metro Parks.
The City hereby leases to Metro Parks the parcel of land that is the current site for the City Impound Lot, including the buildings on this parcel as part of the Premises.
References to the Scioto Audubon Metro Park herein shall include the Premises.
The CITY and Metro Parks agree to execute an Amended and Restated Lease Agreement to reflect the changes set forth in this MOU.
Responsibilities of Metro Parks. Metro Parks agrees to be responsible for the maintenance of all of the signage throughout the Scioto Audubon Metro Park, with the exception of signage owned and maintained by the Audubon Center. This responsibility includes but is not limited to the maintenance of the park identification banner signs that have been affixed to the City utility light poles along Whittier Street. The details regarding the signage responsibilities of Metro Parks are addressed and attached in "exhibit D" titled Banner Agreement and "exhibit E" titled Metro Parks Sign Maintenance and Responsibilities with the City Recreation and Parks Department.
Metro Parks agrees to continue efforts to acquire additional property on the Whittier Peninsula from other parties, to incorporate into the Scioto Audubon Metro Park, including but not limited to The Bishoff property and the CSX Railroad property.
Metro Parks agrees to continue its leadership role in assessing and providing environmental remediation as designated by the Ohio and United States Environmental Protection Agencies for the Scioto Audubon Metro Park.
Metro Parks shall be responsible for snow removal and maintaining repairing and upkeep of Maier Place from West Whittier north to its terminus.
Responsibilities of the CITY. The City is in the process of constructing a park known as the Scioto Mile, on land along the Scioto River north of Interstate 70, which will be connected by trail to Scioto Audubon Metro Park.
The City will remove the City of Columbus Impound Lot from the Whittier peninsula by January of 2011. The City agrees to be responsible for all costs associated with relocating the Impound Lot.
Permits: Where City permits are required, The CITY agrees to expeditiously process all building and other permits as needed . Metro Parks will include the City ,as a co-obligee, on all performance bonds required of contractors.
Grants: The CITY agrees to allow Metro Parks to continue to apply for grant money for City Property, on the City's behalf. The grant money that is sought shall include but not be limited to grants for environmental clean up and the City will aid Metro Parks in obtaining these grants. The City will transfer by quit claim deed the property constituting the Impound Lot, and such surrounding property identified as necessary by Metro Parks and approved by the City, in order to allow Metro Parks to apply for and obtain Clean Ohio funds for the environmental cleanup of the Impound Lot. The deed shall contain a clause reverting title to the City in the event that the property is no longer used for park purposes. Metro Parks shall provide a legal description for the deed at its cost.
Subject to an ordinance of City Council appropriating and authorizing the expenditure thereof and a certificate of the City's Auditor under Section 159 of the City's charter the CITY agrees to reimburse Metro Parks for money spent on environmental remediation on the remaining impound lot property, above and beyond costs that are covered by clean up grants, up to $300,000.00.
Geothermal Well Field: The City and Metro Parks recognize and acknowledge that the Grange Insurance Audubon Center has constructed a geothermal well field which extends beyond the Center Property under the Sublease with the National Audubon Society and such encroachment shall be permitted under the Lease.
Concurrent Jurisdiction and Mutual Aid: The City formally agrees to a concurrent jurisdiction partnership between Metro Parks and the Columbus Police Department, whereby active patrol by both agencies will continue to throughout the Scioto Audubon Metro Park. The City and Metro Parks acknowledge that all parking lots and roadways on the Peninsula are public and within the jurisdiction of the Columbus Police Department.
As a result of this partnership Metro Parks agrees to reciprocate assistance to the Columbus Police Department if and when needed, within the park and its immediate surroundings when assistance from Metro Parks is practical.
Title
To authorize and direct the Director of Recreation and Parks to execute an Amended and Restated Memorandum of Understanding and an Amended and Restated Lease Agreement with the Columbus and Franklin County Metropolitan Park District for the property known as the Whittier Peninsula; and to declare an emergency.
Body
WHEREAS, The City and The Columbus and Metro Parks entered into a Memorandum of Understanding (MOU) in 2003 and 2006 for the purpose of developing portions of the Whittier Peninsula, including the construction and operation of a state of the art nature center by the National Audubon Society, Inc; and
WHEREAS, due to a variety of factors the original allocation of duties and original master plan have changed and a need exists to update the existing MOU to reflect the realities and current plans for the property; and
WHEREAS, through the cooperation of the City , in terms of acquiring property and reimbursing Metro Parks for costs accrued and through the financial commitment and efforts by Metro Parks in acquiring property, directing environmental cleanup and in infrastructure and facility development the vision of a vibrant urban park is becoming a reality; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Recreation
and Parks, in that it is immediately necessary so that the Metro Park can begin application to Clean Ohio for environmental clean up of the Whittier Peninsula thereby preserving public health, peace, prosperity and safety; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Recreation and Parks be and hereby is authorized to amend and restate the existing Memorandum of Understanding and Lease Agreement with the Columbus and Franklin County Metropolitan Park District for the property known as the Whittier Peninsula.
Section 2. That the Director of Recreation and Parks be and is hereby authorized to execute a quit claim deed to the impound lot and such surrounding contiguous property as is necessary for the environmental clean up to be performed by Metro Parks.
Section 3. That the deed contain a reverter clause if the property is no longer used for park purposes.
Section 4. Except as modified by the 2010 MOU the terms of the MOU shall remain in full force and effect. The original 2003 MOU has been attached as "Exhibit A." The existing updated 2006 MOU has been attached as "Exhibit B."
Section 5. Subject to a future ordinance of City Council appropriating and authorizing the expenditure thereof the City agrees to reimburse Metro Parks for money spent on environmental remediation on the remaining impound lot property, above and beyond costs that are covered by clean up grants, not to exceed $300,000.00.
Section 6. That for 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 its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.