Explanation
Background: By a Lease Agreement For Use of Real Property For Agricultural Purposes, dated December 1, 2016, the City currently leases a portion of real property located on Mooney Road, identified as Delaware County Tax Parcel No. 100-300-01-043-000, of approximately 46.36 +/- acres to Lowell Thomas Taylor (“Tenant”) containing 44 acres tillable for farming purposes. The following legislation authorizes the Director of the Department of Finance and Management, on behalf of the Department of Public Utilities, to execute those documents necessary to enter into a First Amendment to Agreement for Lease of Real Property for Agricultural Purposes ("First Amendment") by and between the City (“Landlord”) and Lowell Thomas Taylor (“Tenant”) to add an adjacent portion of land to the existing lease, comprised of approximately 44.61 acres of the city-owned site located on Smokey Road being Delaware County Tax Parcel No. 100-300-01-092-000 that is currently leased and farmed by Ronald L. Nogle. Mr. Nogle elected not to exercise the option to renew his farm lease for the term that is to commence on December 1, 2020. Lowell Thomas Taylor has agreed to lease and farm this acreage. The Real Estate Management Office has negotiated a First Amendment with terms agreeable to the Department of Public Utilities for the lease of this additional 44.61 +/- acres. The First Amendment will confirm the renewal of Lowell Thomas Taylor's lease of 46.36 +/- acres on Delaware County Tax Parcel No. 100-300-01-043-000, establish the rent rate for the renewal term and add 44.61 +/-acres on Delaware County Tax Parcel No. 100-300-01-092-000 to the lease for the renewal term commencing on December 1, 2020 and expiring on November 30, 2024.
Fiscal Impact: No funds are required.
Title
To authorize the Director of the Department of Finance and Management to execute those documents necessary to enter into a First Amendment to Agreement for Lease of Real Property for Agricultural Purposes between the City of Columbus and Lowell Thomas Taylor. ($0.00).
Body
WHEREAS, the City is the owner of certain real property located on Mooney Road identified as Delaware County Tax Parcel No. 100-300-01-043-000 currently being leased and farmed by Lowell Thomas Taylor and certain real property located on Smokey Road identified as Delaware County Tax Parcel No. 100-300-01-092-000 currently being leased and farmed by Ronald L. Nogle; and
WHEREAS, Ronald L. Nogle elected not to exercise the option to renew his lease to farm 44 tillable acres for the next lease term: and
WHEREAS, Lowell Thomas Taylor currently leases and farms an adjacent parcel and has agreed to lease the site previously farmed by Mr. Nogle; and
WHEREAS, it is necessary to amend the City's current lease with Lowell Thomas Taylor to include this additional tillable acreage as part of the lease, confirm the renewal of the lease of his existing acreage, and establish the rent rate for the for the renewal term commencing on December 1, 2020 and expiring on November 30, 2024; and
WHEREAS, after investigation by the City, it has been determined that the First Amendment, including the additional acreage, is in the City's best interest and meets with the concurrence of the Department of Public Utilities; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of the Department of Finance and Management on behalf of the Department of Public Utilities be, and hereby is, authorized to execute those documents necessary to enter into a First Amendment to Agreement for Lease of Real Property for Agricultural Purposes by and between the City of Columbus (“Landlord”) and Lowell Thomas Taylor (“Tenant”), in order to increase the total acreage of the lease to 90.97 +/- acres and increase the tillable acreage from 44 acres to 88 acres for portions of Delaware County Tax Parcel No. 100-300-01-043-000 and Delaware County Tax Parcel No. 100-300-01-092-000 and establish the rent rate for the renewal term.
Section 2. That the terms and conditions of the First Amendment to Agreement for Lease of Real Property for Agricultural Purposes shall be in a form approved by the Department of Law, Division of Real Estate.
Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.