Explanation
Background:
- This ordinance will authorize the Director of Recreation and Parks and the Director of Development to enter into a Second Amended and Restated Agreement with the Franklin County Commissioners to extend the existence of the Franklin Park Conservatory Joint Recreation District (“District”) until December 31, 2076 thereby allowing the District to take advantage of certain historical tax credits in connection with its completion of the Conservatory Visitor Center Project.
- The City and the County entered into that certain Amended and Restated Agreement, dated as of April 24, 2007 that extended the term of the District until July 31, 2057, and increased the number of members of the Board by four (4), from seventeen (17) to twenty-one (21).
- The City and the County now desire to amend the Amended and Restated Agreement in its entirety in order to provide for and facilitate, as applicable the further extension of the period of existence of the District as provided herein until December 31, 2076; and to increase the number of members of the Board by four (4), from twenty-one (21) to twenty-five (25).
- This ordinance will authorize an amendment to that certain Lease Agreement, dated December 2, 2013, pursuant to which the City leased to the District an additional 11.751 acres known as the “Community Gardens per Ordinance #2271-2013. The amendment will extend the lease term until December 31, 2076.
1.1 The amount of additional funds to be expended: There are no additional funds being requested for this lease amendment.
1.2 Reasons additional goods/services could not be foreseen: There are no additional goods or services requested in this lease amendment.
1.3 Reason other procurement processes are not used: There were no procurement processes used or required for this lease amendment.
1.4 How cost of modification was determined: There is no cost associated with this lease amendment.
- This ordinance will authorize an amendment to the Franklin Park Easement Agreement, dated August 15, 2007, pursuant to which the City and District have cooperated in the maintenance, operation and development of approximately 59 acres of real property adjacent to the District Property . The amendment will extend the easement term until December 31, 2076, and provide updates to all current responsibilities and expectations of both entities at this park property.
- These noted changes will align the termination dates of all City agreements, easements, leases, and deeds with the District to a consistent date of December 31, 2076.
- The extension of the District’s existence will automatically extend the reversionary date in instrument number 202602120016602, Recorder’s Office, Franklin County, Ohio for the District Property, being 27.961 acre +/-tract of land, plus the additional 0.863 acre +/- tract of land, until December 31, 2076.
- An emergency exists in that it is immediately necessary to allow these agreements to be completed as soon as possible to extend the term dates to the year 2076 to allow Franklin Park Conservatory Joint Recreational District to secure its funding for the historical tax credits in connection to its Conservatory Visitors Center Project and keeping this project timeline on schedule
Fiscal Impact:
N/A
Title
To authorize and direct the Director of Recreation and Parks and the Director of Development to enter into Second Amended and Restated Agreement with the Franklin County Commissioners; to authorize the Director of Recreation and Parks and the Director of Development to amend its existing lease for a 11.75 acre portion of Franklin Park known as the Community Gardens; to authorize the Director of Recreation and Parks and the Director of Development to amend its existing easement of Franklin Park related to park maintenance and operations; and to declare an emergency. ($0.00)
Body
WHEREAS, the Franklin County Commissioners and the City wish to enter into a Second Amended and Restated Agreement with the City to extend the existence of the Franklin Park Conservatory Joint Recreational District until December 31, 2076; and
WHEREAS, the City, acting by and through its Columbus Recreation and Parks Department and the Development Department, desires to enter into a Lease Amendment with the Franklin Park Conservatory Joint Recreation District for the managing, scheduling and operating responsibilities for a 11.75-acre portion of Franklin Park known as the Community Gardens, which will extend the lease date to December 31, 2076; and
WHEREAS, the City, acting by and through its Columbus Recreation and Parks Department and the Development Department, desires to enter into an easement Amendment with the Franklin Park Conservatory Joint Recreation District for maintenance, operation and development of approximately 59 acres of real property adjacent to the District Property, which will extend the easement agreement date to December 31, 2076; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department and Development Department in that it is immediately necessary to allow these agreements to be completed as soon as possible to allow Franklin Park Conservatory Joint Recreational District to secure its funding for the historical tax credits in connection to its Conservatory Visitors Center Project and keeping this project timeline on schedule, all for the immediate preservation of the public health, peace, property, safety and welfare; and now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Recreation and Parks and the Director of Development be and is hereby authorized to enter into a Second Amended and Restated Agreement (“Second Amendment”) with the Franklin County Commissioner thereby extending the existence of the Franklin Park Conservatory Joint Recreation District (“District”) until December 31, 2076, as well as modify certain terms as agreed upon by the parties, which will also increase the number of board members to twenty-five.
Section 2. That Directors of Recreation and Parks Department and Development Department shall be authorized to amend its existing lease with the District for the Community Gardens to extend its term until December 31, 2076.
Section 3. That Directors of Recreation and Parks Department and Development Department shall be authorized to amend its existing Franklin Park Easement Agreement with the District to extend its term until December 31, 2076, as well as modify certain terms as agreed upon by the parties.
Section 4. The extension of the District’s existence will automatically extend the reversionary date in instrument number 202602120016602, Recorder’s Office, Franklin County, Ohio for the District Property, being 27.961 acre +/-tract of land, plus the additional 0.863 acre +/- tract of land, until December 31, 2076.
Section 5. 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.