Explanation
Background: This legislation authorizes the Director of Development, or authorized signatory, to execute those documents necessary to further amend the Agreement for Lease of Real Property for Agricultural Purposes, dated December 1, 2016, with JRS Writsel Farms, GP and as amended by a First, Second and Third Amendment to Agreement for Lease of Real Property for Agricultural Purposes to adjust the number of tillable acreage of the Leased Premises used for farming around the Southerly Wastewater Treatment Plant (SWWTP) and Compost Facility for the 2026 farming season. The Department of Public Utilities has agreed to allow the Recreation and Parks to use and a portion of the Compost site to operate a tree nursery reducing that which was being farmed. In addition, vacant ground was recently purchased by the City of Columbus adjacent to the water plant that can now be added into the Lease Agreement. The adjustments take the leaseable acreage from 290.5 tillable acres to 394.9 and will adjust the annual rental income received by the City from $53,742.50 to $73,056.50.
Fiscal Impact: The City’s annual lease income will be increased by $19,314.00, to $73,056.50.
Emergency Action: This legislation is presented as emergency in order to properly identify the fields and acreage associated with the Farm Lease and to allow the Tenant appropriate time to prepare for the 2026 growing season.
Title
To authorize the Director of Development, or authorized signatory, to execute a Fourth Amendment to Agreement for Lease of Real Property for Agricultural Purposes with JRS Writsel Farms, GP to increase the acreage of land leased for farming purposes at the Southerly Wastewater Treatment Plant, and to declare an emergency. ($0.00)
Body
WHEREAS, the Department of Development on behalf of the Department of Public Utilities, through its Real Estate and Land Redevelopment Office, by an Agreement for Lease of Real Property for Agricultural Purposes, dated December 1, 2016, and as amended by that First, Second and Third Amendment to Agreement for Lease of Real Property for Agricultural Purpose, leases 290.5 tillable acres around the Southerly Wastewater Treatment Plant (SWWTP) and Compost Facility to JRS Writsel Farms, GP for farming purposes; and
WHEREAS, the Department of Public Utilities has reclaimed a portion of the Leased Premises and has agreed to allow Recreation and Parks to use and operate it as the City’s tree nursery necessitation the need to eliminate this acreage from the Lease, and
WHEREAS, the City recently purchased 300 +/- acres immediately south of the SWWTP that will not be usable by Department of Public Utilities until 2027 allowing this acreage to be added to the Lease, and
WHEREAS, it is now necessary to amend the Lease to reflect the adjustments to the Leased Premises acreage from 290.5 tillable acres to 394.9 tillable acres and the associated increase in the annual rent from $53,742.50 to $73,056.50, and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus and that it is immediately necessary to authorize the Director of the Department of Development, or authorized signatory, to execute the Fourth Amendment to Lease Agreement for Use of Real Property for Agricultural Purposes with JRS Writsel Farms, GP in order for the allocations of acreage land to be designated appropriately and allow the Tenant Farmer to prepare for the 2026 growing season, and for the preservation of 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 Development, or authorized signatory, be, and hereby is, authorized to execute those documents as prepared and approved by the Department of Law, Real Estate Division, necessary to the Agreement for Lease of Real Property for Agricultural Purposes, dated December 1, 2016, and as amended by that First, Second and Third Amendment to Agreement for Lease of Real Property for Agricultural Purpose, by and between the City of Columbus and JRS Writsel Farms, GP, to adjust the size of the Leased Premises by 186.4 acres and the associated annual rent.
SECTION 2. That the City Auditor is authorized to make any accounting changes necessary to ensure that this lease is properly accounted for and recorded accurately on the City’s financial records.
SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.