...Explanation
BACKGROUND:
The City of Columbus (“City”) along with Franklin County (“County”) are the owners of certain real property that is collectively known as the Columbus Zoo and Aquarium. The City and County lease the property to the Columbus Zoological Park Association (“Zoo”). The Zoo and the Ohio Facilities Construction Commission (“OFCC”) wish to provide for the renovation of the North American exhibit (“Exhibit”). The Exhibit is located on Zoo property which is solely owned by the City. The OFCC will give a $1,000,000.00 State Government grant to the zoo for the Exhibit provided the City enters into a Non-Disturbance and Estoppel Agreement by and between the OFCC, the Zoo, and the City. The agreement proposes to establish certain rights, safeguards, obligations and priorities with respect to all parties’ respective interests. The following legislation authorizes the Director of the Department of Recreation and Parks to execute the Non-Disturbance and Estoppel Agreement on behalf of the City.
CONTRACT COMPLIANCE:
Not applicable.
FISCAL IMPACT:
Not applicable
EMERGENCY JUSTIFICATION:
Emergency action is requested in order to allow for the immediate execution of the Non-Disclosure and Estoppel Agreement, as to not delay the resulting improvement to the City’s Zoo Property.
...Title
To authorize the Director of the Department of Recreation and Parks to execute a Non-Disclosure and Estoppel Agreement by and between the OFCC, the Zoo, and the City to allow the Columbus Zoo and Aquarium to receive a $1,000,000.00 State Government grant from the Ohio Facilities Construction Commission to support the renovation of the North American exhibit; and to declare an emergency.
Body
WHEREAS, the City of Columbus and Franklin County are the owners of certain real property that collectively is known as the Columbus Zoo and Aquarium; and
WHEREAS, the City and County lease the property to the Columbus Zoological Park Association; and
WHEREAS, the Zoo and the Ohio Facilities Construction Commission (“OFCC”) wish to provide for the renovation of the North American exhibit; and
WHEREAS, the renovations to the North American exhibit are located on Zoo property which is solely owned by the City; and
WHEREAS, the OFCC will give a $1,000,000.00 State Government grant to the zoo for the renovations of the exhibit provided that the City enters into a Non-Disclosure and Estoppel Agreement by and between the OFCC, the Zoo, and the City; and
WHEREAS, the agreement proposes to establish certain right, safeguards, and obligations and priorities with respect to the parties respective interests; and
WHEREAS, among the safeguards, but not limited to, is the agreement that the OFCC’s use interest will not terminate or be disturbed should the Zoo’s lease with the City be terminated or the City sell the subject property; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Recreation and Parks in that it is immediately necessary to authorize the Director to execute the Non-Disclosure and Estoppel Agreement so as not to delay the resulting improvement to the City’s Zoo Property, thereby preserving the public health, peace, safety and welfare; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That the Director of the Department of Recreation and Parks is hereby authorized to execute a Non-Disturbance and Estoppel Agreement by and between the OFCC, the Zoo, and the City, in a form approved by the Department of Law, Real Estate Division, to allow the Columbus Zoo and Aquarium to receive a $1,000,000.00 State Government grant from the Ohio Facilities Construction Commission in support of the renovation of the North American exhibit.
SECTION 2. That for the reasons stated in the preamble hereto, 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 (10) days after its passage if the Mayor neither approves nor vetoes the same.