Explanation
In 2008, the City secured a Covenant Not to Sue (CNS) from Ohio EPA for the former brownfield site on the southern tier of the Whittier Peninsula known as the Whittier Peninsula Grange-Audubon Nature Center. This city-owned site has since been redeveloped as parkland pursuant to a Memorandum of Understanding (MOU) among the City of Columbus, the Columbus and Franklin County Metropolitan Park District (Metro Parks), and Audubon Ohio. The property is leased to Metro Parks, which subleases a portion of the property to Audubon Ohio for operation of its nature center. The City was made responsible for obtaining the CNS per the MOU.
The CNS incorporates an Operation and Maintenance (O&M) Agreement between the City and Ohio EPA. The O&M Agreement includes an O&M Plan that provides for the performance of remedial activities that will allow the property to achieve the applicable standards. Under the terms of the O&M Agreement, the remediation was to be completed within three years. However, concerns have recently arisen related to the potential impact of remedial activities on several mature trees on the property, and additional soil sampling will be required in order to address these concerns. It is therefore necessary to amend the O&M Agreement to extend the timeline for the remedial activities and to modify the incorporated O&M Plan to address these recent concerns.
This legislation seeks authorization to execute a modification of the O&M Agreement, which will incorporate a modification of the O&M Plan.
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 a modification of the Operation and Maintenance Agreement for the Whittier Peninsula Grange-Audubon Nature Center site, including a modification of the incorporated Operation and Maintenance Plan, and any other additional documents and instruments that are necessary...
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