Explanation
Background: The City of Columbus entered into an option contract with Columbus Urban Growth Corporation to sell a portion of Gowdy Field for redevelopment. The City, CUGC and Gowdy Partners LLC are pursuing a proposal for redevelopment. The Columbus Regional Airport Authority has submitted an application for a Clean Ohio grant from the State of Ohio to remediate the environmental impacts of the City's former use of Gowdy Field as a landfill for municipal refuse. The Authority has or will enter into an agreement with Gowdy Partners LLC to expend the CORF funds to remediate the site. Once remediation is complete Gowdy Partners LLC is to construct an office building for future use and purchase by Time Warner Entertainment LLP. In order to meet the schedule for remediation and construction it is necessary for Gowdy Partners to commence site remediation prior to taking title to the property. As a consequence it is necessary to enter into an access agreement among the City, CUGC, and Gowdy Partners LLC which permits Gowdy Partners LLC to enter upon the property prior to closing.
Fiscal Impact: N/A
Title
To authorize the Executive Director at Recreation and Parks to execute an access agreement among the City of Columbus, Columbus Urban Growth Corporation and Gowdy Partners LLC for the property subject to the option contract between the City of Columbus, and Columbus Urban Growth Corporation as authorized by Ordinance No. 0785-2005.
Body
WHEREAS, The City of Columbus and Columbus Urban Growth Corporation, ("CUGC") as authorized by Ordinance No. 0785-2005, entered into an option to sell a portion of the property commonly known as Gowdy Field; and
WHEREAS, The City, CUGC and Gowdy Partners LLC are engaged in a project to redevelop the site which project shall require remediation of the adverse environmental conditions created by the City's previous use of the site as a landfill; and
WHEREAS, Gowdy Partners LLC through a grant under the Clean Ohio Remediation Fund is willing to undertake a remediation plan to ameliorate former landfill use and to construct new office buildings on the site, including office space for the operations of Time Warner Cable, and
WHEREAS, to meet the schedules for remediation and construction of the office buildings it is necessary to permit Gowdy Partners LLC, subject to the terms and conditions of an access agreement among the City, CUGC and Gowdy Partners LLC, to access to Gowdy Field prior to Gowdy Partners LLC, obtaining title to the property; and
WHEREAS, it is in the best interest of the City to authorize the Executive Director of Recreation and Parks to enter into an access agreement with CUGC and Gowdy Partners LLC in order to facilitate the timely completion of the redevelopment of the site; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Executive Director of Recreation and Parks be authorized to enter into an access agreement among the City, CUGC and Gowdy Partners LLC for that property commonly known as Gowdy Field and which is subject to the option contract between the City and CUGC authorized by Ordinance No. 0785-2005, which access agreement shall permit Gowdy Partners LLC to commence remediation activities prior to conveyance of fee simple title to the property and which shall contain assurances and guarantees by Gowdy Partners LLC that once commenced the remediation shall be completed in a manner sufficient to obtain a covenant not to sue from the Director of the Ohio Environment Protection Agency.
Section 2. This ordinance shall take effect and be in force from and after the earliest period allowed by law.