Explanation
Background: Pursuant to an "Amended and Restated Lease Agreement" dated July 22, 2003, as amended by an "Amendment to Amended and Restated Lease Agreement", dated as of May 22, 2007, between the City of Columbus ("City"), the Franklin County Board of Commissioners ("County") and the Columbus Zoological Park Association ("Zoo"), the City leases that real property known as the Columbus Zoo, to the Zoo Association. Under this agreement the Zoo Association may sublease portions of the property with the City's consent, which consent the City may not reasonably withhold. The Zoo Association desires to sublease a portion of the Zoo premises to Zoombezi Bay LLC, an Ohio limited liability company ("Zoombezi") which will operate the Zoo's water park. The Recreation and Parks Department has reviewed the proposed use and the sublease and has determined that there is no reasonable basis to withhold consent. The following legislation authorizes the Director of the Recreation and Parks Department to execute those documents necessary for consent to the attached Sublease Agreement, between Zoo and Zoombezi.
Fiscal Impact: N/A
Emergency Justification: Emergency action is requested to authorize the immediate execution of the subject agreements for the operation of the water park.
Title
To authorize the Director of the Recreation and Parks Department to execute those documents necessary for consent to the sublease between the Columbus Zoological Park Association and Zoombezi Bay, LLC and to declare an emergency.
Body
WHEREAS, under the lease between the City, the Franklin County Board of Commissioners and the Columbus Zoological Park Association, for the Columbus Zoo, the Zoo Association may sublease portions of the property with the City's consent, which consent the City may not reasonably withhold; and
WHEREAS, the Zoo Association desires to sublease a portion of the Zoo premises to Zoombezi Bay LLC, an Ohio limited liability company, which will operate the Zoo's water park; and
WHEREAS, the Recreation and Parks Department has reviewed the proposed use and the sublease and has determined that there is no reasonable basis to withhold consent; 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 execute those documents necessary for the City's consent to the sublease 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 execute those documents, as approved by the Department of Law, Real Estate Division, necessary to provide the City's consent to a Sublease Agreement between the Columbus Zoological Park Association and Zoombezi Bay, LLC, an Ohio limited liability company, with respect to that portion of the Zoo premises used for the operation of the water park.
Section 2. 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 ten days after passage if the Mayor neither approves nor vetoes the same.