Explanation
Background: A group known as the Franklin County Government Employees Fitness Facility, LLC, (FCGEFF), whose membership is comprised of certain Municipal Court and Franklin County employees currently occupies space in the Franklin County Hall of Justice (HOJ) that is used as a fitness facility. The pending renovation of the HOJ by Franklin County requires that the fitness facility be moved to a new location outside of County controlled space.
After many discussions and exploration of alternatives, it has been determined that an area in the basement of the office building located at 375 S. High Street, currently leased by the City for the Franklin County Municipal Court, and occupied by Franklin County, is the best alternative to serve as a temporary location for the FCGEFF. Franklin County has agreed to modify its occupancy of the space in the Municipal Court Building known as the "Landlord's Reserved Premises" and to relocate from the designated area in the basement of the building to a similar sized space on the 15th Floor in order to allow for the sublease of that basement space by the City to the FCGEFF.
The relocation of Franklin County from the designated basement space to space on the 15th Floor requires that a certain Lease Agreement between the City and the Board of Commissioners of Franklin County, dated April 1, 2009, for the office building located at 375 S. High Street and occupied by the Franklin County Municipal Court, be amended to redefine the "Landlord's Reserved Premises".
The new sublease required for use of the basement space by the Franklin County Government Employees Fitness Facility, LLC will be at a rent rate of $5.00 per rentable square foot for a one-year term and will not include a renewal option. The sublease will include a right for the City to terminate the sublease with thirty (30) days written notice to FCGEFF.
This legislation authorizes the Director of Finance and Management to: 1) execute those documents necessary to amend that certain lease with the Board of Commissioner's of Franklin County dated April 1, 2009 for the Franklin County Municipal Court located at 375 S. High Street in order to redefine the "Landlord's Reserved Premises" to exclude the basement space to be subleased to FCGEFF, and to include 1,387 s.f of useable space on the 15th floor known as "Courtroom 15B"; and 2) to enter into a one year sublease with the Franklin County Government Employees Fitness Facility, LLC for 1,531 rentable square feet of space in the basement of 375 S. High Street for use as a excercise facility for a term beginning January 30, 2012 and ending January 29, 2013.
Fiscal Impact: The sublease will generate income to the City of approximately $7,655.00 to offset building expenses.
Emergency Justification: Emergency action is requested to allow the fitness facility to be completed and operational as soon as possible.
Title
To authorize the Director of the Department of Finance and Management to execute those documents necessary amend a Lease Agreement dated April 1, 2009 between the City and the Franklin County Board of Commissioners and to enter into a sublease agreement with the Franklin County Government Employees Fitness Facility, LLC; and to declare an emergency.
Body
WHEREAS, the Franklin County Government Employees Fitness Facility, LLC, (FCGEFF) currently occupies office space used as a fitness facility located in the Franklin County Hall of Justice that must be relocated due to the pending renovation of that building; and
WHEREAS, after exploration of alternatives, it has been determined that an area in the basement of the Franklin County Municipal Court Building, located at 375 S. High Street, currently leased by the City and occupied by Franklin Count, is the best alternative to serve as a temporary location for the FCGEFF; and
WHEREAS, the City and Board of Commissioners of Franklin County desire to amend that certain Lease Agreement dated April 1, 2009 for the office building located at 375 S. High Street known as the Franklin County Municipal Court to redefine the "Landlord's Reserved Premises" to exclude the basement space to be subleased to FCGEFF and to include 1,587 s.f of useable space on the 15th floor known as "Courtroom 15B"; and
WHEREAS, City desires to enter into a sublease with the Franklin County Government Employees Fitness Facility, LLC, to allow for the lease of space for the relocation of the exercise facility to the basement of the Municipal Court Building; and
WHEREAS, an emergency exists in the usual daily operations of the City that it is necessary for the Director of Finance and Management to immediately enter into a lease amendment with the Board of Commissioners of Franklin County and to enter into a sublease agreement with the Franklin County Government Employees Fitness Facility, LLC so that the fitness facility can be relocated from the Franklin County Hall of Justice to the Franklin County Municipal Court Building as quickly as possible,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 Finance and Management be, and hereby is, authorized to execute those documents, as approved by the Department of Law, Division of Real Estate, necessary to enter into a Lease Amendment with the Board of Commissioners of Franklin County to redifine the "Landlord's Reserved Premises".
SECTION 2. That the Director of Finance and Management be, and hereby is, authorized to execute those documents, to enter into a sublease by and between the City of Columbus, Ohio and the Franklin County Government Employees Fitness Facility, LLC, for the lease of 1,531 rentable square feet of space located in the basement of 375 S. High Street.
SECTION 3. That the terms and conditions of both this lease amendment and sublease agreement shall be in a form approved by the City Attorney's office and that the sublease agreement shall include the following: the term shall be one year in length commencing on January 30, 2012 and expiring on January 29, 2013, and shall in clude a provision to allow the City to terminate the sublease with thirty (30) days written notice.
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 its passage if the Mayor neither approves nor vetoes the same.