Explanation
Background:
The Recreation and Parks Department desires to enter into a lease agreement with the Central Ohio Bicycle Racing Association, Inc. in accordance with Section 329.29.1 of the Columbus City Codes, 1959, to lease the premises commonly identified as the Bicycle Track within Heer Park and located at 125 Williams Road, Columbus, Ohio, 43207. Terms of the lease shall be for a period of one (1) year effective February 26, 2009 and shall continue for five (5) consecutive one-year terms pending agreement by both parties. The Central Ohio Bicycle Racing Association, Inc. shall pay to the City the fee of one dollar ($1.00) annually and which is due by March 1st of each year.
The Central Ohio Bicycle Racing Association, Inc. desires to lease the premises for the purpose of operating and maintaining an outdoor bicycle racing facility in accordance with plans submitted to and approved by the Lessor. The City and the Central Ohio Bicycle Racing Association, Inc. entered into an agreement in 1989 when the Association built the track, and the City continues to enjoy a good working relationship with them. In addition, the BMX and mountain biking community are actively involved with this organization and their activities have drawn countless adults and children of all ages to participate in various events within the park.
Emergency action is requested so that occupancy can be put under a lease for legal and liability purposes.
Title
To authorize the Director of Recreation and Parks to enter into a lease agreement with the Central Ohio Bicycle Racing Association, Inc., for the property known as a portion of Heer Park, located at 125 West Williams Road, Columbus, Ohio, 43207, for a period of one (1) year commencing February 26, 2009 with five (5) consecutive one (1) year renewal options, and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus owns certain real property commonly known as Heer Park, 125 West Williams Road, Columbus, Ohio, 43207; and
WHEREAS, on behalf of the City of Columbus, Ohio, the Director of Recreation and Parks desires to enter into a lease agreement with the Central Ohio Bicycle Racing Association, Inc. in accordance with Section 329.29.1 of the Columbus City Codes, 1959, for a period of one (1) year, commencing February 26, 2009 and ending February 26, 2010, with five (5) consecutive one (1) year renewal options pending agreement by both parties; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department, in that is immediately necessary to authorize the Director to enter into a lease agreement with the Central Ohio Bicycle Racing Association, Inc. so that occupancy can be put under a lease for legal and liability purposes thereby preserving the public health, peace, property, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the Director of Recreation and Parks is hereby authorized to execute those documents approved by the Department of Law, Division of Real Estate, necessary to enter into a lease agreement by and between the City of Columbus, Ohio and the Central Ohio Bicycle Racing Association, Inc. for lease of the property known as Heer Park, 125 West Williams Road, Columbus, Ohio, 43207.
Section 2. That this lease agreement complies with Section 329.29.1 of the Columbus City Codes, 1959.
Section 3. That the terms and conditions of the lease shall be approved in form by the City Attorney's office and shall include the following:
a). That the lease shall be for a period of one (1) year commencing February 26, 2009
through February 26, 2010 and shall be automatically renewable for an
additional five (5) years.
b). That the Lessee shall pay to the City of Columbus an annual fee of $1.00.
c). Such other terms and conditions as are required and/or approved by the City
Attorney's office.
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.