Label
Lease Sleepy Hollow - Columbia Gas
Department of Economic and Business Development
C. Watkins (x1154)
Revised
Title
Authorizing the Mayor to execute a Lease Renewal Agreement with Columbia Gas of Ohio, Inc. for certain land owned by the City of Toledo and located within Sleepy Hollow Park; making certain findings with respect thereto; waiving the notice and bidding provisions of T.M.C. 187.19; authorizing the deposit of lease proceeds; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Columbia Gas of Ohio and the City of Toledo originally entered into a 20 year Lease and Right-of-Way Agreement on December 1, 1979 for installation and operation of a gas regulator site on City-owned land located within Sleepy Hollow Park. Said Ordinance also granted a permanent easement for access to the Columbia Gas regulator site to be located on said city property. A new lease agreement under Ordinance 172-00 (Exhibit A) was executed on September 27, 2002 with a term commencing on December 1, 1999 and expiring on November 30, 2009. Columbia Gas has requested a lease renewal. This request for lease renewal has been reviewed and approved by the Division of Parks, Recreation and Forestry and it’s been determined to be in the best interest of the City of Toledo to formalize the continued operation of this gas regulator site by entering into a new lease agreement. A mutually acceptable price of $700.00 per year has been agreed to by both parties retroactive to December 1, 2009. The amended lease agreement will be through November, 2024. This legislation seeks to gain City Council approval for entering into this lease of City owned land allowing Columbia Gas to continue to operate said gas regulator on property located within Sleepy Hollow Park.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor is authorized to execute a lease agreement on behalf of the City of Toledo with Columbia Gas of Ohio, Inc. for the following described property:
Situated in Sleepy Hollow Park in the City of Toledo, County of Lucas and State of Ohio, being part of a parcel of land 15.00 feet by 15.00 feet out of Lot No. 432, in Mount Vernon, a subdivision formerly in the Township of Adams, now in the City of Toledo, Lucas County, Ohio as recorded in Plat Book R, Page 39, Records of Plats, Lucas County, Office of Real Estate Transfer, and more particularly described as follows: Beginning for reference, at the southwest corner of said Lot No. 432, said corner also being the point of intersection of the north Right-of-Way line of Overlook Boulevard and the east Right-of-Way line of Richards Road; Thence N. 0° 30’ E. 149.20 feet, in the west line of said Lot No. 432 and the east Right-of-Way line of Richards Road, to an iron pin marking the principal place of beginning of the tract herein to be leased; Thence continuing N 0° 30’ E. 15.00 feet, in the aforementioned line, to an iron pin; Thence S. 89° 30’ E. 15.00 feet to an iron pin; Thence S. 0° 30’ w, 15.00 feet, parallel to the west line of said Lot no. 432 and the east Right-of-Way line of Richards Road, to an iron pin; Thence N. 89° 30’ W. 15.00 feet to the principal place of beginning, containing 225 square feet, more or less, with the right of ingress and egress to and from the same.
SECTION 2. That this Council approves the lease agreement, attached as Exhibit B, notwithstanding and as an exception to the notice and bidding provisions of Chapter 187.19 of the Toledo Municipal Code. The reason for the waiver and exception is that the property is not needed for any municipal purpose during the term of the lease, that said lease is in the best interest of the City.
SECTION 3. That the terms of said lease agreement shall be for a fifteen (15) year term, commencing December 1, 2009, the day after the expiration date of the expired lease, at the annual rate of $700.00 per year, payable annually and retroactively back to commencement date, for the purpose of operating and maintaining Lessee’s gas regulator station.
SECTION 4. Said lease agreement shall contain other terms and conditions deemed necessary and proper by the Mayor, the Department of Law, the Department of Economic and Business Development and the Department of Public Service.
SECTION 5. That the Finance Director is authorized to accept and deposit the annual lease proceeds into Account Code 2006-60500-7715001STDSTD.
SECTION 6. That it is found and determined that all formal actions of Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of Council and that all deliberations of Council and any of its committees that result in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22, Ohio Revised Code.
SECTION 7. That this Ordinance is declared to be an emergency measure and shall take effect and be in force immediately from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that this Ordinance must be immediately effective to facilitate the execution and delivery of the lease agreement and conveyance of the above described real property.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor