Explanation
Background:
The City of Columbus ("City") and Franklin County ("County") are the owners of certain real property that collectively is known as the Columbus Zoo. The City and County lease the property to the Columbus Zoological Association ("Zoo"). The Zoo and the Ohio Cultural Facilities Commission ("OCFC") wish to provide for the construction and operation of a new exhibit on the Zoo premises known as the Animal Encounter Village ("Exhibit"). The Exhibit is to be located on Zoo property, which is solely owned by the City. The OCFC will give a $500,000.00 State Government grant to the Zoo for the Exhibit, provided that the City enters into a Non-Disturbance and Estoppel Agreement by and between the OCFC, the Zoo, and the City. The agreement proposes to establish certain rights, safeguards, obligations and priorities with respect to all parties' respective interests. The following legislation authorizes the Director of the Department of Recreation and Parks to execute the Non-Disturbance and Estoppel Agreement on behalf of the City.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow for the immediate execution of the Non-Disturbance and Estoppel Agreement, as not to delay the resulting improvement to the City's Zoo property.
Title
To Authorize the Director of the Department of Recreation and Parks to execute a Non-Disturbance and Estoppel Agreement by and between the OCFC, the Zoo, and the City to allow the Columbus Zoo to receive a $500,000.00 State Government grant from the Ohio Cultural Facilities Commission in support of its new Animal Encounter Village exhibit; and to declare an emergency.
Body
WHEREAS, The City and Franklin County are the owners of certain real property that collectively is known as the Columbus Zoo; and
WHEREAS, The City and County lease the property to the Columbus Zoological Association; and
WHEREAS, the Columbus Zoo and the Ohio Cultural Facilities Commission ("OCFC") wish to provide for the construction and operation of a new exhibit on the Zoo premises known as the Animal Encounter Village; and
WHEREAS, the Animal Encounter Village will be located on Zoo property, which is solely owned by the City; and
WHERAS, the OCFC will give a $500,000.00 State Government grant to the Zoo for the exhibit, provided that the City enters into a Non-Disturbance and Estoppel Agreement by and between the OCFC, the Zoo, and the City; and
WHWERAS, the agreement proposes to establish certain rights, safeguards, obligations and priorities with respect to all parties respective interests; and
WHEREAS, among the safeguards, but not limited to, is the agreement that the OCFC's use interest will not terminate or be disturbed should the Zoo's lease with the City be terminated or the City sale the subject property; and
WHEREAS, an emergency exists in the usual daily operations of the Director of the Department of Recreation and Parks to execute a Non-Disturbance and Estoppel Agreement by and between the OCFC, the Zoo, and the City to allow the Columbus Zoo to receive a $500,000.00 State Government grant from the Ohio Cultural Facilities Commission in support of its Animal Encounter Village, thereby preserving the public health, peace, safety and welfare; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Director of the Department of Recreation and Parks is hereby authorized to execute a Non-Disturbance and Estoppel Agreement by and between the OCFC, the Zoo, and the City, in a form as approved by the Department of Law, Real Estate Division, to allow the Columbus Zoo to receive a $500,000.00 State Government grant from the Ohio Cultural Facilities Commission in support of its Animal Encounter Village.
Section 2. That for the reasons state in the preamble hereto, 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 its passage if the Mayor neither approves nor vetoes the same.