...EXPLANATION
BACKGROUND:
Pursuant to Columbus City Code, Section 329.29.1, the Columbus Recreation and Parks Department ("CRPD") on behalf of the City of Columbus, Ohio, an Ohio municipal corporation ("City"), desires to enter into a lease agreement ("Lease") with the Central Ohio Bicycle Racing Association, Inc., an Ohio nonprofit corporation ("COBRA"). CRPD desires to lease to COBRA a portion of the City's real property located at 125 West Williams Road, Columbus, Ohio 43207 [Franklin County Tax Parcel № 010-111429], which is commonly known as the City's Heer Park ("Premises") to nonexclusively use, operate, maintain, grade, and manage an outdoor bicycle racing track and facility (collectively, "Program"). COBRA has been operating the Program on the Premises since 1989 and the City continues to enjoy a good working relationship with COBRA. Additionally, the BMX and mountain biking community, who are actively involved with COBRA and the Program's activities have drawn countless adults and children to participate in various events at the Premises.
COBRA agrees to lease the Premises for an initial term of one (1) year commencing on February 1, 2014, and terminating on January 31, 2015, unless otherwise terminating sooner as described under the Lease. Additionally, the Lease will automatically renew for five (5) additional, consecutive one (1) year terms commencing on February 1, 2015, and fully expiring on January 31, 2020, unless otherwise terminating sooner as described under Lease. CRPD reviewed and determined that it is in the City's best interest to enter into this lease agreement and COBRA is required to pay nominal rent in annual amount of One and 00/100 U.S. Dollars ($1.00), because COBRA' Program at the Premises is a benefit to the City, public, and local community. Therefore, this ordinance authorizes the Director of the Recreation and Parks Department to enter into a lease agreement approved by the Columbus City Attorney, Real Estate Division, for COBRA to nonexclusively operate the Program upon a portion of the Premises.
FISCAL IMPACT: The City's receipt of the annual rent payments from COBRA will be deposited in Fund 285, OCA#028100, Rent-Various Property .
EMERGENCY JUSTIFICATION: Emergency action is requested so to not delay the City's benefit resulting from COBRA' to nonexclusively use, operate, maintain, grade, and manage an outdoor bicycle racing track and facility at the Premises, which will preserve the public peace, health, property, safety, and welfare.
TITLE
To authorize the Director of the Recreation and Parks Department to enter into a lease agreement approved by the Columbus City Attorney, Real Estate Division, with Central Ohio Bicycle Racing Association, Inc., an Ohio nonprofit corporation, to nonexclusively use, operate, maintain, grade, and manage an outdoor bicycle racing track and facility upon a portion of the City's real property located at 125 West Williams Road, Columbus, Ohio 43207, which is commonly known as Heer Park; and to declare an emergency. ($0.00)
BODY
WHEREAS, pursuant to Columbus City Code, Section 329.29.1, CRPD desires to enter into a lease agreement with COBRA for the nonexclusive use, operation, maintainance, grading, and managing of an outdoor bicycle racing track and facility (collectively, "Program") upon a portion of Heer Park ("Premises");
WHEREAS, COBRA agrees to lease the Premises for an initial term of one (1) year commencing on February 1, 2014, and terminating on January 31, 2015, unless otherwise terminating sooner as described under the Lease;
WHEREAS, the Lease will automatically renew for five (5) additional, consecutive one (1) year terms commencing on February 1, 2015, and fully expiring on January 31, 2020, unless otherwise terminating sooner as described under Lease;
WHEREAS, CRPD reviewed and determined that it is in the City's best interest to enter into this lease agreement and COBRA is required to pay nominal rent in annual amount of One and 00/100 U.S. Dollars ($1.00), because COBRA' Program at the Premises is a benefit to the City, public, and local community;
WHEREAS, an emergency exists in the usual daily operation of the City, because it is immediately necessary to authorize the Director of CRPD to enter into a lease agreement with COBRA for the nonexclusive use, operation, maintenance, and management of the Program without delay, which will preserve the public health, peace, property, safety, and welfare; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO ("CITY"):
SECTION 1. That the Director of the Columbus Recreation and Parks Department is authorized to execute those documents necessary to enter into a lease agreement between the City and the Central Ohio Bicycle Racing Association, Inc., an Ohio nonprofit corporation ("COBRA"), to lease a portion of the City's real property located at real property located at 125 West Williams Road, Columbus, Ohio 43207 [Franklin County Tax Parcel № 010-111429], which is commonly known as Heer Park ("Premises"), to nonexclusively use, operate, maintain, grade, and manage an outdoor bicycle racing track and facility.
SECTION 2. That the City's lease agreement with COBRA complies with Columbus City Code, Section 329.29.1.
SECTION 3. That the terms and conditions of the lease agreement are required to be in a form approved by the Columbus City Attorney, Real Estate Division, and CRPD' lease agreement with COBRA is required to abide by the following terms:
· Be for an initial one (1) year term commencing on February 1, 2014, and terminating on January 31, 2015, unless otherwise terminating sooner as described under the lease agreement;
· Automatically renew for five (5) additional, consecutive one (1) year terms commencing on February 1, 2015, and fully expiring on January 31, 2020, unless otherwise terminating sooner as described under the lease agreement;
· COBRA is required to pay nominal rent in annual amount of One and 00/100 U.S. Dollars ($1.00); and
· All other terms and conditions approved by the Columbus City Attorney, Real Estate Division.
SECTION 4. That the City's receipt of the annual rent payments from COBRA will be deposited in Fund 285, OCA#028100, Rent-Various Property .
SECTION 5. That for the reasons stated in this preamble hereto, which are made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force after its passage and approval by the Mayor, or ten (10) days after its passage if the Mayor neither approves nor vetoes the same.