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File #: 1134-2012    Version: 1
Type: Ordinance Status: Passed
File created: 5/18/2012 In control: Recreation & Parks Committee
On agenda: 6/18/2012 Final action: 6/21/2012
Title: To authorize the Director of Recreation and Parks to execute a "First Amendment to Ground Lease Dated December 16, 1983" by and between the City and the Columbus Metropolitan Library; to amend certain sections of the original Ground Lease in order to delineate both parties' rights and responsibilities concerning the replacement of the Whetstone Park of Roses sign to be installed at the property's northwest corner of the intersection of High Street and Hollenback Road; and to declare an emergency.
Explanation
 
The City owns that real property located at 3909 N. High Street, Columbus, Ohio 43214, commonly known as the Whetstone Branch of the Columbus Metropolitan Library.  The City and Columbus Metropolitan Library ("CML") previously entered into a Ground Lease Agreement dated December 16, 1983 ("Lease Agreement") to lease portions of the property from the City.  The City and CML now desire to amend certain sections of the Lease Agreement to delineate both parties' rights and responsibilities concerning the replacement of the Whetstone Park of Roses sign with the design, construction, installation, maintenance, and finance of a new exterior, multi-content LED advertisement sign to be installed at the property's northwest corner of the intersection of High Street and Hollenback Road.  This legislation will authorize the Director of Recreation and Parks to execute a "First Amendment to Ground Lease Dated December 16, 1983" by and between the City, which is acting by and through its Department of Recreation and Parks, and the Columbus Metropolitan Library.
 
Fiscal Impact:  N/A
 
Emergency action is requested so that the current agreements can be put under a lease for legal and liability purposes.
Title
To authorize the Director of Recreation and Parks to execute a "First Amendment to Ground Lease Dated December 16, 1983" by and between the City and the Columbus Metropolitan Library; to amend certain sections of the original Ground Lease in order to delineate both parties' rights and responsibilities concerning the replacement of the Whetstone Park of Roses sign to be installed at the property's northwest corner of the intersection of High Street and Hollenback Road; and to declare an emergency.
 
Body
WHEREAS, the City owns that real property located at 3909 N. High Street, Columbus, Ohio 43214, commonly known as the Whetstone Branch of the Columbus Metropolitan Library; and
WHEREAS, the City and Columbus Metropolitan Library ("CML") previously entered into a Ground Lease Agreement dated December 16, 1983 ("Lease Agreement") to lease portions of the property from the City; and
WHEREAS, the City and CML desire to amend Section 6.2, sentence 4 of the Lease Agreement to delineate both parties' rights and responsibilities concerning the replacement of the Whetstone Park of Roses sign with the design, construction, installation, maintenance, and finance of a new exterior, multi-content LED advertisement sign to be installed at the property's northwest corner of the intersection of High Street and Hollenback Road; and
WHEREAS, this legislation will authorize the Director of Recreation and Parks to execute a "First Amendment to Ground Lease Dated December 16, 1983" by and between the City, which is acting by and through its Department of Recreation and Parks, and the Columbus Metropolitan Library; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that is immediately necessary to authorize the Director of Recreation and Parks to execute a "First Amendment to Ground Lease Dated December 16, 1983" by and between the City, which is acting by and through its Department of Recreation and Parks, and the Columbus Metropolitan Library thereby preserving the public health, peace, property, safety, and welfare; NOW, THEREFORE
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1.  That the Recreation and Parks Director is hereby authorized to execute a "First Amendment to Ground Lease Dated December 16, 1983" as approved by the Columbus City Attorney, Division of Real Estate, by and between the City and the Columbus Metropolitan Library.
Section 2.  That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after is passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.