Explanation
Background: In November of 1975, the City entered in a lease agreement with the County Commissioners of Franklin County Ohio ("County") for the Franklin County Court Building at 375 South High Street to house the Municipal Court. The lease renews automatically for an additional ten (10) years unless the City terminates the lease by giving the County one hundred eighty (180) days notice of its decision not to renew. The deadline for the City to notify the County of its option to terminate the lease is unclear from the lease language but may be as early as February 16, 2006. The City and County desire to modify the existing lease agreement in order to allow both parties a clear deadline to make final decisions regarding lease's renewal. Therefore, it is necessary to authorize the Director of the Department of Finance and Management to execute a "Ninth Modification of Lease" to change the City's obligation to notify the County in writing of its decision to terminate the lease to be no later than June 1, 2006.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the subject lease to be modified prior the City's February 16, 2006 deadline.
Title
To authorize the Director of the Department of Finance and Management to execute a "Ninth Modification of Lease" to change the requirement to notify the County in writing of the City's option to terminate the lease for the Franklin County Municipal Court Building from one hundred eighty (180) days prior to the lease's expiration to the specific date of June 1, 2006 and to declare an emergency.
Body
WHEREAS, in November of 1975, the City entered in a lease agreement with the County Commissioners of Franklin County Ohio ("County") for the Franklin County Municipal Court Building at 375 S. High Street to house the Municipal Court; and
WHEREAS, the subject lease renews automatically for an additional ten (10) years unless the City terminates the lease by giving the County one hundred eighty (180) days prior notice of its decision not to renew; and
WHEREAS, the City and County desire to modify the existing lease agreement in order to set a specific agreed date for renewal of June 1, 2006; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Department of Finance and Management to execute a "Ninth Modification of Lease" and to change the requirement to notify the County in writing of its option to terminate the lease of the Franklin County Municipal Court Building, from one hundred eighty (180) days to the specific date of June 1, 2006 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 Director of the Department of Finance and Management be and hereby is authorized to execute a "Ninth Modification of Lease" necessary to change the lease requirement that the City notify the County in writing of its option to terminate the lease of that City owed real property known as the Franklin County Municipal Court Building, from one hundred eighty (180) days to the specific date of June 1, 2006.
Section 2. 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.