Explanation
Background: The City of Columbus ("City"), pursuant to Ordinance 0181-2006, entered into an option agreement with Gowdy Partners LLC ("Gowdy"), an Ohio limited liability company, for the conveyance of up to 2.529 acres of City owned land, commonly known as 739 W. Third Avenue/681 W. Third Avenue. The City, pursuant to Ordinance 0892-2008, also entered into a real estate purchase contract with Gowdy Partners III, LLC for the sale of an additional 4.849 acres of said real property. Ordinance 1742-2008, authorized the Director of Finance and Management to amend the real estate purchase contract with Gowdy Partners III, LLC, to make necessary changes to the terms of the real estate purchase contract, including reducing the acreage from 4.849 acres to 4.674 acres. Gowdy and Gowdy Partners III, LLC intend to purchase the above-referenced City owned properties for redevelopment as their Gowdy North Project. A common driveway is necessary to provide sufficient ingress and egress to and from the Gowdy North Project, as well as the remainder of the City's property, to W. Third Avenue. Gowdy Partners III, LLC has agreed to pay all the costs associated with the construction of the common driveway; to construct the common driveway to the standards as approved by the City; to be responsible for future maintenance and upkeep of the common driveway; and to make additional site improvements on the City's remaining property as are necessary as a result of the construction of the common driveway.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested as not to delay the benefit to the City, which will result from the construction and installation of a common driveway and other site improvements on City property.
Title
To authorize the Director of the Department of Finance and Management to enter into, grant and accept a Common Driveway Easement and Maintenance Agreement with Gowdy Partners III, LLC, an Ohio limited liability company, for the purpose of providing sufficient access to W. Third Avenue and to grant a Work Agreement to Gowdy Partners III, LLC, for the purpose of allowing Gowdy Partners III, LLC or its' agents, to enter onto City owned property to construct the common driveway and other site improvements, and the extent they may be applicable, to waive the competitive bidding and Land Review Commission requirements of the Columbus City Codes (1959) Revised; and to declare an emergency.
Body
WHEREAS, The City of Columbus, pursuant to Ordinance 0181-2006, entered into an option agreement with Gowdy Partners LLC, an Ohio limited liability company, for the conveyance of up to 2.529 acres of City owned land, Franklin County Tax Parcel Number 010-067230, located on the southwest corner of W. Third Avenue and Olentangy River Road, commonly known as 739 W. Third Avenue/681 W. Third Avenue; and,
WHEREAS, The City of Columbus, pursuant to Ordinance 0892-2008, also entered into a real estate purchase contract with Gowdy Partners III, LLC, an Ohio limited liability company, for the sale of an additional 4.849 acres of said real property; and,
WHEREAS, The City of Columbus, pursuant to Ordinance 1742-2008, authorized the Director of Finance and Management to amend the real estate purchase contract with Gowdy Partners III, LLC, to make necessary changes to the terms of the real estate purchase contract, including reducing the acreage from 4.849 acres to 4.674 acres; and,
WHEREAS, Gowdy Partners LLC and Gowdy Partners III, LLC intend to purchase the above-referenced City owned properties for redevelopment as their Gowdy North Project; and,
WHEREAS, A common driveway is necessary to provide sufficient ingress and egress to and from the Gowdy North Project, as well as the remainder of the City's property, to W. Third Avenue; and,
WHEREAS, Gowdy Partners III, LLC has agreed to pay all the costs associated with the construction of the common driveway; and,
WHEREAS, Gowdy Partners III, LLC has agreed to construct the common driveway to the standards as approved by the City of Columbus and in such a manner and material thickness as is necessary to support City Emergency Fire Apparatus (Fire Trucks) and other commercial vehicles; and,
WHEREAS, Gowdy Partners III, LLC has agreed to be responsible for future maintenance and upkeep of the common driveway; and,
WHEREAS, Gowdy Partners III, LLC has agreed to make additional site improvements on the City's remaining property as are necessary as a result of the construction of the common driveway; and,
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the Director of the Department of Finance and Management to execute those documents, as approved by the Real Estate Division, Department of Law, to enter into, grant and accept a Common Driveway Easement and Maintenance Agreement and Work Agreement with Gowdy Partners III, LLC, 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 the Department of Finance and Management be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to enter into, grant and accept a Common Driveway Easement and Maintenance Agreement with Gowdy Partners III, LLC, an Ohio limited liability company.
Section 2. That the Director of the Department of Finance and Management be and hereby is authorized to execute those documents, as approved by the Real Estate Division, Department of Law, necessary to grant a Work Agreement to Gowdy Partners III, LLC, an Ohio limited liability company, for the purpose of allowing Gowdy Partners III, LLC or its' agents, to enter onto the City's property, commonly known as Franklin County Tax Parcel Number 010-067230, located on the southwest corner of W. Third Avenue and Olentangy River Road, for the purpose of constructing the common driveway and other necessary site improvements.
Section 3. That this Council has determined that it is in the best interest of the City of Columbus to waive and does hereby waive the requirements of Columbus City Codes (1959) Revised, Chapter 328 (Land Review Commission) and Section 329.29 (competitive bidding) to the extent that they may apply to this transaction with regards to this ordinance only.
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 its passage if the Mayor neither approves nor vetoes the same.