Explanation
Background: On November 28, 2005, Ordinance 2046-2005 was passed authorizing the City, ("Lessee"), to enter into a one (1) year lease agreement with Ralston Industries, Inc., an Ohio corporation, ("Lessor"), for the rental of certain real property which included approximately 9,000 square feet of office/warehouse storage space. The warehouse, located at 2771-2773 East Fourth Avenue, Columbus, Ohio, was chosen as the new location of the Department of Development's "Mobile Tool Library Program". Under the terms of the agreement, the City had the option to renew the lease for up to (4) consecutive additional one (1) year terms. The first option was exercised for the period commencing on December 1, 2006. The City desires to exercise its second option to renew the subject lease. Therefore, the following legislation authorizes the Director of the Department of Finance and Management to execute those documents necessary to exercise the second renewal option and renew the one (1) year lease agreement between the aforementioned parties.
Emergency action is requested to provide for the immediate execution of the subject lease renewal agreement by the City, as to allow the lease's December 1, 2007 renewal date to proceed without delay.
Fiscal Impact: Funding for this matter will come from the Department of Development, Community Development Block Grant Fund.
Title
To authorize the Director of the Department of Finance and Management, on behalf of the Department of Development, to execute those documents necessary to renew the lease agreement by and between the City of Columbus and Ralston Industries, Inc. for approximately 9,000 square feet of office/warehouse space at 2771-2773 E. Fourth Avenue, as the location of the City's "Mobile Tool Library Program"; to authorize the expenditure of $32,040.00 from the Community Development Block Grant Fund; and to declare an emergency. ($32,040)
Body
WHEREAS, on November 28, 2005, Ordinance 2046-2005 was passed authorizing the City, ("Lessee"), to enter into a one (1) year lease agreement with Ralston Industries, Inc., an Ohio corporation, ("Lessor"), for the rental of certain real property which included, approximately 9,000 square feet of office/warehouse storage space; and
WHEREAS, the warehouse, located at 2771-2773 East Fourth Avenue, Columbus, Ohio, was chosen as the new location of the Department of Development's "Mobile Tool Library Program"; and
WHEREAS, on October 16, 2006, Ordinance 1655-2006 was passed authorizing the City to exercise the first of four one-year renewal options, which commenced on December 1, 2006; and
WHEREAS, under the terms of the lease agreement, the City has the option to renew the lease for up to three (3) remaining consecutive additional one (1) year terms; and
WHEREAS, the City desires to exercise its option to renew the subject lease agreement for the second of its four one (1) year terms to commence on December 1, 2007; and
WHEREAS, emergency action is requested to provide for the immediate execution of the subject lease renewal agreement by the City, as to allow the lease's December 1, 2007 renewal date to proceed without delay; 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 those documents necessary to renew the City's one (1) year lease agreement, with Ralston Industries, Inc., for certain real property located at 2771-2773 East Fourth Avenue, Columbus, Ohio, 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 those documents approved by the Department of Law, Division of Real Estate necessary to renew the City's one (1) year lease agreement by and between the City of Columbus, ("Lessee"), and Ralston Industries, Inc., an Ohio corporation, ("Lessor"), for the rental of certain real property which includes, approximately 9,000 square feet of office/warehouse storage space, located at 2771-2773 East Fourth Avenue, Columbus, Ohio 43219, known as building #10 of the Ralston Industries Warehouse Facility.
Section 2. That the terms and conditions of the lease are as stated in the Lease Agreement approved by the Real Estate Division, City Attorney's Office, and includes the following:
a) The lease renewal/extension shall be effective for a one (1) year term commencing on December 1, 2007 and terminating on November 30, 2008, subject to renewal/extension as provided within the lease agreement.
b) All rents are subject to the yearly appropriation of the rental funds by the Columbus City Council.
c) Subject to Columbus City Council appropriation of additional funding necessary for rent payments, the lease agreement provides that Lessee may renew/extend the lease agreement, pursuant to the terms and conditions as stated in the lease agreement, for three (3) consecutive additional one (1) year terms.
Section 3. That the expenditure of $32,040.00, or so much thereof as may be necessary be and hereby is authorized to be expended from Fund 0248, the Community Development Block Grant Fund, Department/Division. 44-10, Object Level One 03, Object Level Three Code 3301, OCA Code 440525, for costs related to the aforesaid purpose is hereby authorized.
Section 4. 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 its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.