Explanation
It has come to the City's attention that the Gudenkauf Corporation, an Ohio corporation, is the owner of certain real property, located at 2679 McKinley Avenue, Columbus, Ohio 43204, which presently encroaches upon a portion of the adjacent City owned real property. The City ("Lessor"), has agreed to remedy the aforementioned encroachment by entering into a new lease agreement with the Gudenkauf Corporation, ("Lessee"), for the lease of the subject real property. The Lessee shall not rent to users or allow the subject real property to be used for any purpose other than as a "parking area", "driveway", and "a temporary storage area" (subject to all zoning regulations). After investigation by the City, it has been determined that the lease of the subject property will not adversely affect the City and should be allowed. The following legislation authorizes the Director of the Department of Public Utilities to execute those documents necessary to enter into a five (5) year lease agreement between the aforementioned parties, with the City having the option to extend the lease for five (5) additional one-year periods if so desired.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to allow the execution of this agreement to proceed, thus allowing the City to immediately remedy the encroachment upon its property without delay.
Title
To authorize the Director of the Department of Public Utilities to execute those documents necessary to remedy an encroachment upon City owned real property by entering into a five (5) year lease agreement between the City ("Lessor") and the Gudenkauf Corporation, ("Lessee"), 2679 McKinley Avenue, for the lease of approximately 1.212 + acres of City owned real property located adjacent to the Lessee's real property, and to declare an emergency.
Body
WHEREAS, the Gudenkauf Corporation, an Ohio corporation, is the owner of certain real property, located at 2679 McKinley Avenue, Columbus, Ohio 43204, which presently encroaches upon a portion of the adjacent City owned real property; and
WHEREAS, the City ("Lessor"), has agreed to remedy the aforementioned encroachment by entering into a new lease agreement with the Gudenkauf Corporation, ("Lessee"), for the lease of the subject real property; and
WHEREAS, the Lessee shall not rent to users or allow the subject real property to be used for any purpose other than as a "parking area", "driveway", and "temporary storage area" (subject to all zoning regulations); and
WHEREAS, after investigation by the City, it has been determined that the lease of the subject property will not adversely affect the City and should be allowed; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus, in that it is immediately necessary to authorize the Director of the Department of Public Utilities to execute those documents necessary to enter into a five (5) year lease agreement, between the City and Gudenkauf Corporation, as approved by the Department of Law, Real Estate Division, for the immediate preservation of the public health, peace, property and safety; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Public Utilities be, and hereby is, authorized to execute those documents approved by the Department of Law, Division of Real Estate necessary to enter into a five (5) year lease agreement by and between the City of Columbus, ("Lessor"), and the Gudenkauf Corporation, an Ohio corporation, located at 2679 McKinley Avenue, Columbus, Ohio 43204, ("Lessee"), for the lease of approximately 1.212 + acres of land out of Franklin County Tax Parcel No. 010-153740, located adjacent to the Lessee's real property.
Section 2. That the terms and conditions of the lease shall be in form approved by the City Attorneys Office and shall include the following:
This lease agreement shall be effective for a Five (5) year term commencing on July 1, 2011, and ending on June 30, 2016.
Such other terms and conditions as agreed to and approved by the City Attorney's Office.
Section 3. 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.