Explanation
Background: This legislation authorizes the Director of Finance and Management to appropriate and expend funds with Neverman Construction in order to repair damage to 1402-1418 Cleveland Avenue due to a hit and run incident in which a vehicle collided with the building causing damage to the building exterior, its structure, and the interior retail space of the City’s Tenant, Subway. Per the terms of the lease between the City and Cleveland Ave Subs, LLC (Subway), any non-structural repairs are the responsibility of Subway and its insurance carrier, Liberty Mutual, and any structural repairs are the responsibility of the City. Upon Subway obtaining a formal estimate to repair the damage to its leased space, a portion of the repair was determined to be structural and therefore the responsibility of the City to repair. The construction repair contract will be between Neverman Construction and Liberty Mutual with the City agreeing to pay for the structural portion of the total cost to repair along with a portion of the construction permit fee and ROW permit fee with Neverman separately invoicing the City for its portion of the repairs; and to declare an emergency.
Fiscal Impact: This ordinance authorizes the appropriation and expenditure of up to $8,000, or as much as may be needed, as the City’s portion of the expense to repair building damage at 1402-1418 Cleveland Avenue. Funds are available within the Property Management 1402-1418 Cleveland Fund 2294, Subfund 229408 ($8,000.00).
Neverman Construction is a registered vendor, Contract Compliance Number 005887, expiration 1/19/24.
Emergency Justification: This ordinance is presented as an emergency to enable the repair to the structural building damage at 1402-1418 Cleveland Avenue to begin at the earliest time possible in order to restore the building and minimize further disruption to Subway’s business.
Title
To authorize the Director of the Department of Finance and Management to appropriate and expend funds with Neverman Construction for building damage repair to 1402-1418 Cleveland Avenue; and to declare an emergency. ($8,000.00).
Body
WHEREAS, the City owns property located 1402-1418 Cleveland Avenue in which Cleveland Ave Subs, LLC (Subway) is a Tenant; and
WHEREAS, a portion of the building’s exterior, metal frame structure, and the interior of the Subway store was damaged by a hit and run accident; and
WHEREAS, per the terms of the City’s lease with Subway, any non-structural repairs are the responsibility of Subway and any structural repairs are the responsibility of the City; and
WHEREAS, the City, Subway and Liberty Mutual have agreed that the City will pay for the structural portion of the repair cost and a portion of the permitting fee and ROW permit; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management in that it is immediately necessary to authorize payment of the requisite funds to repair structural building damage at 1402-1418 Cleveland Avenue at the earliest time possible in order to minimize further disruption to Subway’s business, 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 Finance and Management be, and hereby is, authorized to appropriate and expend funds with Neverman Construction necessary to repair structural building damage to 1410 Cleveland Avenue and associated permit fees.
SECTION 2. That the appropriation of $8,000.00 or so much thereof as may be needed, is hereby authorized within the Property Management 1402-1418 Cleveland Fund 2294, per the account codes in the funding attachment to this ordinance.
SECTION 3. That the expenditure of $8,000.00 or so much thereof as may be necessary in regard to the action authorized in Section 1, be and is hereby authorized and approved per the accounting codes in the funding attachment to this ordinance.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 5. 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.