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 and for obtaining one or more covenants not to sue from the State of Ohio. 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. The NFA letter will contain an "Operations and Management" agreement (O & M) that commits the City to a specific site remediation plan. In order to secure a CNS, the City is required to execute an Environmental Covenant, that will limit the use of the property to recreational, commercial, or industrial land use, pursuant to Ohio Revised Code ยงยง 5301.82 to 5301.92.
This legislation seeks authorization to execute instruments and documents as may be necessary to secure a CNS including an environmental covenant, an operation & maintenance agreement, and any other additional documents and instruments that are necessary and incident thereto. It is necessary for the CNS to be awarded by the Ohio EPA prior to Audubon starting construction of their facility. ...
Click here for full text