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File #: 0586-2010    Version: 1
Type: Ordinance Status: Passed
File created: 4/6/2010 In control: Recreation & Parks Committee
On agenda: 4/19/2010 Final action: 4/22/2010
Title: To authorize the Director of Recreation and Parks to execute instruments and documents as may be necessary to secure a Covenant Not To Sue (CNS) for the former Lazarus Distribution Center on the Whittier Peninsula including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto, and to declare an emergency. ($0.00)
Explanation

The City of Columbus, in partnership with the Columbus and Franklin County Metropolitan Park District (Metro Parks), is working to redevelop the Whittier Peninsula, an industrial brownfield site. A Covenant Not To Sue (CNS) was secured from the Ohio EPA through its Voluntary Action Program (VAP) for the Southern Tier of the Whittier Peninsula in June 2008. The Southern Tier has been redeveloped into parkland and a nature center. Metro Parks and the City are currently participating in Ohio EPA's VAP to secure a CNS for the Northern Tier of the Whittier Peninsula. The Northern Tier encompasses property owned by the City of Columbus as well as property owned by Metro Parks and is being redeveloped as public, open-space parkland.

At this time, Metro Parks, through its consultant Burgess and Niple, is participating in the VAP to secure a CNS for the former Lazarus Distribution Center, which is now a city-owned property that is adjacent to the Northern and Southern Tier sites. As part of the VAP process to obtain a CNS, Metro Parks is completing a No Further Action (NFA) letter for approval by the Ohio EPA. In order to secure a CNS, 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 ยงยง 5301.80 to 5301.92.

This legislation seeks authorization to execute instruments and documents as may be necessary to secure a CNS for the former Lazarus Distribution Center on the Whittier Peninsula including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto.

Emergency action is necessary in order to maintain progress on this project.

FISCAL IMPACT: None

Title

To authorize the Director of Recreation and Parks to execute instruments and documents as may be necessary to secure a Covenant Not To Sue (CNS) for the former Lazarus Distribution Center on...

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