Explanation
In 2003 a Memorandum of Understanding (MOU) was entered into by the city of Columbus, the Columbus and Franklin County Metropolitan Park District and Audubon Ohio to redevelop approximately one-half of the Whittier Peninsula into parkland and a nature center. Being that the majority of the future parkland is owned by the city and has been designated a brownfield due to previous industrial uses, the MOU, which was amended and restated in 2006, held the city of Columbus responsible for the land's environmental condition. Per the MOU, the city retains land ownership and leases the future park area to Metro Parks, who will subsequently sub-lease approximately five acres of parkland to Audubon for construction and operation of a nature center.
At this time, the city of Columbus, through its consultant Burgess and Niple, is participating in the Ohio EPA Voluntary Action Program (VAP) to secure a Covenant Not To Sue (CNS) for a portion of the parkland known as the "Southern Tier Parkland Audubon Area." As part of the VAP process, Burgess and Niple is completing a No Further Action (NFA) letter for submission to the Ohio EPA in early November 2007. The NFA letter will contain an "Operations and Management" agreement (O & M) that commits the city to a specific site remediation plan. Per the NFA, remediation measures will include some minor asbestos removal prior to building demolition and capping impacted soils with between two to five feet of compacted clean soil.
This legislation seeks authorization to enter into a Guaranteed Maximum Price Reimbursement Agreement (GMP) with Metro Parks for completion of this remediation work, which will also include the installation of city utilities. It is necessary for the Covenant Not to Sue to be awarded by the Ohio EPA prior to Audubon starting construction of their facility. Timing is a critical factor and Metro Parks has expertise in successfully completing remediation and construction work on the Whittier...
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