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File #: 0953-2011    Version: 1
Type: Ordinance Status: Passed
File created: 6/9/2011 In control: Recreation & Parks Committee
On agenda: 6/27/2011 Final action: 6/28/2011
Title: To authorize the Director of the Department of Recreation and Parks to enter into a ninety-nine (99) year lease agreement with the Board of Franklin County Commissioners for 2.095 +/- acres of City property, formerly known as the Fisher Road Landfill; and to declare an emergency.
Explanation
 
Background:  The Board of Franklin County Commissioners ("County") is owner of that real property, adjacent to city-owned property, formerly used as the Fisher Road landfill, located in the vicinity of I-70 West and Fisher Road.  The Franklin County Engineer desires to lease approximately 2.095 +/- acres of the city's property to store equipment.  The following legislation authorizes the Director of the Department of Recreation and Parks to execute a 99-year lease agreement between the City and Franklin County Commissioners.
 
Fiscal Impact:  N/A
 
Emergency Justification:  In the spirit of inter-governmental cooperation, emergency is requested to allow this matter to proceed without delay.
 
Title
 
To authorize the Director of the Department of Recreation and Parks to enter into a ninety-nine (99) year lease agreement with the Board of Franklin County Commissioners for 2.095 +/- acres of City property, formerly known as the Fisher Road Landfill; and to declare an emergency.
 
 
Body
 
WHEREAS, the Board of Franklin County Commissioners ("County") is owner of  real property, located in the vicinity of I-70 West and Fisher Road, which is used by the Franklin County Engineer; and
 
WHEREAS, the City of Columbus ("City") owns adjacent land which was formerly the Fisher Road landfill; and
 
WHEREAS, the County desires to lease approximately 2.095 +/- acres of the city's property to use as a "lay out area" to store equipment used by the County Engineer for its operations; 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 Recreation and Parks Department to enter into a ninety-nine year lease agreement with the Board of Franklin County Commissioners 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 Recreation and Parks Department be and hereby is authorized to enter into a ninety-nine (99) year lease agreement between the City of Columbus and the Board of Franklin County Commissioners as approved by the Department of Law, Real Estate Division, for the following described real property:
 
(SEE LEGAL DESCRIPTION ATTACHED HERETO AND SHOWN IN EXHIBIT "A" AND MADE A PART HEREOF)
 
 
Section 2.  That the terms and conditions of the Lease shall be in form approved by the City Attorney's Office and shall include the following:
 
a)      That the term of the Lease shall be effective for a period of ninety-nine (99) years commencing upon its execution.
 
b)      The Lessee shall pay annual rent in the amount of Two Thousand Dollars and 00/100 ($2,000.00) per year for the first ten (10) years of the lease term.  Rent payment shall be due on the Commencement Date and on the anniversary date of the Commencement date.
 
c)      Such other terms and conditions as agreed to and approved by the City Attorney.
 
 
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 passage and approval by the Mayor or 10 days after passage if the Mayor neither approves nor vetoes the same.