Title
A RESOLUTION AUTHORIZING A LEASE TERMINATION AGREEMENT WITH THE SUMMIT METRO PARKS AND THE EXECUTION OF RELATED DOCUMENTS, AND DECLARING AN EMERGENCY.
Brief Description: This legislation authorizes the City Manager to execute a settlement agreement with Summit Metro Parks, terminating a Lease Agreement between the City and the Metro Parks for Maple Grove.
Body
Legislative History
None
Purpose & Explanation
Background
In 2009, the City acquired approximately 427.901 acres of the former Youth Development Center property located at 996 Hines Hill Road in the City of Hudson (the “YDC Property”), with title initially held by the County of Summit, Ohio, as trustee for the benefit of the City. In furtherance of the acquisition and intended preservation and use of portions of the YDC Property for public park and open-space purposes, the City, the County of Summit, Ohio, Trustee, and Metro Parks, Serving Summit County (now known as the Summit Metro Parks (“Metro Parks”), entered into an Intergovernmental Agreement for the Hines Hill Road - Youth Development Center Park Project in 2012 (the “Intergovernmental Agreement”). The Intergovernmental Agreement included a ground lease of approximately 293 acres of the YDC Property to Metro Parks (the “Lease”) and contemplated the development, operation, and maintenance of the leased premises for public park purposes, including certain trail, trailhead, parking, and related improvements.
The Intergovernmental Agreement provided for an original ninety-nine (99) year term of the Lease commencing October 15, 2012, subject to certain termination provisions. In 2015, the County transferred title to the land to the City, leaving the City and Metro Parks as the remaining parties to the agreement.
Last year, the Metro Parks sent notice to the City of its desire to terminate the Intergovernmental Agreememt and demanded repayment of a portion of the funds the Parks had initially invested in support of the property’s original acquisition from Cuyahoga County. Specifically, the Summit Metro Parks sought a partial refund of its initial investment in the amount of $434,343.43.
The City also made claims under the Intergovernmental Agreement for other sums, including the costs of the contemplated trail and trailhead improvements which were never constructed.
In order to avoid imminent litigation and preserve the good relationship between the two sides, the City and Metro Parks have negotiated a proposed Settlement Agreement, Lease Termination, and Mutual Release (the “Settlement Agreement”) pursuant to which the parties would terminate the Intergovernmental Agreement and Lease and resolve their respective claims and payment obligations arising from such termination, without an admission of liability, breach, default, fault, or wrongdoing by either party.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04:
Competitively bid and advertised for three consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required.
Does this legislation require use of an emergency clause?
x Yes, to meet terms of the agreement by November 2, 2026.
No
Recommendation
Suggested Action
It is recommended that City Council approve the proposed Settlement Agreement and authorize all actions described in it, including payments, as well as any additional actions needed to carry out its purpose and terms.
Submitted by,
Thomas Sheridan, City Manager