Explanation
1. BACKGROUND
The City of Columbus, in partnership with Astor Park Residential I Owner (APRO), and BBI Astor Park I, LLC (BBI), is working to develop approximated 2.27 acres located at 101 Columbus Crew Way and 600 W. Nationwide Blvd., Columbus, Franklin County, Ohio (“Astor Park property”). At this time, APRO, BBI, and the City are currently participating in Ohio EPA's Voluntary Action Program (VAP) to secure an Operation and Maintenance Agreement and a Reciprocal Access Easement Agreement for the Astor Park property. As part of the VAP process to obtain an Operation and Maintenance Agreement, APRO and BBI are completing a No Further Action (NFA) letter for approval by the Ohio EPA. In order to secure an Operation and Maintenance Agreement and a Reciprocal Access Easement Agreement, the City is required to execute an Environmental Covenant, which will limit the use of the property to recreational, commercial, or industrial land use pursuant to Ohio Revised Code §§ 5301.80 to 5301.92.
This legislation seeks authorization to execute instruments and documents as may be necessary to secure an Operation and Maintenance Agreement for the Astor Park property, including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto.
2. EMERGENCY DESIGNATION
Emergency action is necessary in order to maintain progress on this project.
3. FISCAL IMPACT: None
Title
To authorize the Director of Public Service to execute instruments and documents, including an Environmental Covenant and any other additional documents and instruments that are necessary and incidental thereto, as may be necessary to secure an Operation and Maintenance Agreement for the 3 parcels of land located at 101 Columbus Crew Way and 600 W. Nationwide Blvd. (“Astor Park Property”); and to declare an emergency. ($0.00)
Body
WHEREAS, the City of Columbus, in partnership with Astor Park Residential I Owner (APRO), and BBI Astor Park I, LLC (BBI), is working to develop approximated 2.27 acres located at 101 Columbus Crew Way and 600 W. Nationwide Blvd. (“Astor Park property”); and
WHEREAS, the Astor Park property is a brownfield site for which remediation must occur prior to any construction or excavation activities; and
WHEREAS, it is necessary for the parties to complete a No Further Action (NFA) letter for approval by the Ohio EPA for an area of the Astor Park property, one parcel which is owned by the City of Columbus; and
WHEREAS, site remediation is taking place under the Ohio EPA's Voluntary Action Program so that an Operation and Maintenance Agreement and a Reciprocal Access Easement Agreement can be obtained from the Ohio EPA; and
WHEREAS, in order to obtain the desired Operation and Maintenance Agreement and Reciprocal Access Easement Agreement, the City is required to execute an Environmental Covenant pursuant to Ohio Revised Code §§ 5301.80 to 5301.92; and
WHEREAS, an emergency exists in the usual daily operation of the Public Service Department in that it is immediately necessary to authorize the Director to execute the necessary instruments and documents in order to maintain progress on this project, for the preservation of 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 Public Service is hereby authorized to execute instruments and documents as may be necessary to secure an Operation and Maintenance Agreement and Reciprocal Access Easement Agreement for the Astor Park office and garage property, including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto.
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 its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.