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File #: 0123-2009    Version: 1
Type: Ordinance Status: Passed
File created: 1/20/2009 In control: Recreation & Parks Committee
On agenda: 2/23/2009 Final action: 2/25/2009
Title: To authorize the Director of Recreation and Parks and the Director of Public Utilities to enter into a lease agreement with Groezinger Golf Enterprises, Inc. for the property known as a portion of Blackhawk Golf Course located at 8830 Dustin Road, Galena, Ohio, 43021, 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)
Explanation
 
Background:
The Recreation and Parks Department and the Department of Public Utilities desire to enter into a lease agreement with Groezinger Golf Enterprises, Inc. in accordance with Section 329.29.1 of the Columbus City Codes, 1959, to lease the premises referred to as a portion of the Blackhawk Golf Course located on City of Columbus property within Hoover Reservoir Park, 8830 Dustin Road, Galena, Ohio, 43021.  That in consideration of the rent stated below, said Lessor agrees to lease unto said Lessee the following described property:
 
         Being a part of Lots 12 and 13, Section No. 4, Township No. 4, Range No. 17, United States Military Lands, Delaware County, State of Ohio and being more particularly described as follows:
         Beginning at a stone at the intersection of the centerline of the Old Columbus-Wooster Road and the south line of Lot 12 on the land now or formerly owned by Oliver N. and Marie D. Johnson,
          Thence S 50° 53' W along said centerline of the Old Columbus-Wooster Road 38.40 feet to a concrete monument on the north right-of-way line of the Columbus-Wooster road relocation;
         Thence along said north right-of-way line S 78° 53' W, 154.31 feet to a concrete monument;
         Thence continuing along said north right-of-way line 136.63 feet along the arc of a circle of 1959.86 feet radius and a central angle of 4° 00' to a concrete monument and the true place of beginning;
        Thence continuing along said north right-of-way 444.54 feet along the arc of a circle of 1959.86 feet radius and a central angle of 12° 59' to a concrete monument;
         Thence N 32° 11' E 187.65 feet to a concrete monument;
         Thence N 23° 15' E 271.39 feet to a concrete monument;
         Thence N 35° 21' E 309.20 feet to a concrete monument;
         Thence S 80° 59' E 60.23 feet to a concrete monument;
         Thence S 4° 34' W 316.14 feet to a concrete monument;
         Thence S 2° 48' W 172.89 feet to a concrete monument and the true place of beginning and containing 2.77 acres more or less.
 
Terms of the lease shall be for a period of one (1) year commencing February 26, 2009 and shall continue for five (5) consecutive one-year terms pending agreement by both parties.  The Lessee shall remit to the City of  Columbus its rental fee on or before October 1 of each one (1) year term.  The annual payment shall be as follows:
 
                   October 1, 2009-------------------------$2,000.00
                   October 1, 2010-------------------------$2,100.00
                   October 1, 2011-------------------------$2,200.00
                   October 1, 2012-------------------------$2,300.00
                   October 1, 2013-------------------------$2,400.00
 
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 and the Director of Public Utilities to enter into a lease agreement with Groezinger Golf Enterprises, Inc. for the property known as a portion of Blackhawk Golf Course located at 8830 Dustin Road, Galena, Ohio, 43021, 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 a portion of Blackhawk Golf Course; and
 
    WHEREAS, on behalf of the City of Columbus, Ohio, the Director of Recreation and Parks and the Director of Public Utilities desire to enter into a lease agreement with Groezinger Golf Enterprises, 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, Groezinger Golf Enterprises, Inc. has leased the portion of Blackhawk Golf Course since 1962 and desires to continue their relationship with the City of Columbus; and
 
    WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department and the Department of Public Utilities, in that is immediately necessary to authorize the Directors to enter into a lease agreement with Groezinger Golf Enterprises, 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 and the Director of Public Utilities are 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 Groezinger Golf Enterprises, Inc.  for lease of a portion of the property known as Blackhawk Golf Course, 8830 Dustin Road, Galena, Ohio, 43021.
 
     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 annual payments as follows:
 
                   October 1, 2009-------------------------$2,000.00
                   October 1, 2010-------------------------$2,100.00
                   October 1, 2011-------------------------$2,200.00
                   October 1, 2012-------------------------$2,300.00
                   October 1, 2013-------------------------$2,400.00
 
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.