Explanation
In 2002 the City of Columbus (the "City") began aggressively encouraging the development of downtown housing. In response, a number of development companies began rehabilitating existing structures into residential units and in 2006 The Edwards Companies ("Edwards") officially notified the City that they were interested in converting a large number of surface parking lots and underutilized buildings into a residential neighborhood conveniently located close to many downtown attractions. Their plan was to construct a total of approximately 260 townhouse residential units within that area bounded on the west by Fourth Street, on the north by Long Street on the east by Grant Street and on the south by Gay Street (the "Gay Street Condominium area"). Edwards submitted private development plans (2484 DR. E. - Gay Street Condominiums, Section 1, Phases 1, 2, & 3) to the City in late 2006 and construction of Section 1 began in 2007. The Edwards plan called for installation of privately funded landscaping and other decorative elements (the "private amenities") within the public rights-of-way. To accommodate the installation and continued maintenance of these amenities, the City entered into a Landscaping Permit and Maintenance Agreement (the "landscape agreement") with Gay Street Condominium, LLC.
Concurrent with development of the Edwards plan the City developed plans for the improvement of Gay Street from Front Street east to Cleveland Avenue (2426 DR. E). The City's plan called for the conversion of Gay Street from one-way traffic to two-way traffic and included the installation of publicly funded decorative medians, landscaping, irrigation systems and other decorative elements (the "public amenities"). The above referenced landscape agreement also included provisions for the private maintenance of these public amenities.
In late 2006 Edwards approached the City with a request that the City sell rights-of-way, including Young Street from Gay ...
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