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Site work for a playground / park / athletic field in Cincinnati, Ohio. Completed plans call for site work for a playground / park / athletic field.

https://www.bizjournals.com/cincinnati/news/2021/10/11/tree-fight-settled.html Oct 11, 2021 A two-year fight over the fate of a single London Plane tree in Lytle Park that has held up the park's renovation has been settled, with Western & Southern agreeing to pay for the removal and relocation of the tree to another spot in the park. The park project can now go forward. "We are thrilled to have things moving again and finally getting this highly significant work going. The improvements we're making are sure to be enjoyed for generations by park neighbors, residents and visitors to our city," said Jim Goetz, president of the Cincinnati Board of Park Commissioners. He continued, "We remain grateful for project donors Western and Southern who have not wavered in their support of this project." Under the settlement between the company, the Cincinnati Board of Park Commissioners and Kathleen Brinkman, the citizen who brought the court action seeking to stop the tree's removal, the park board also will place a plaque next to the relocated tree stating, "A London Plane shade tree originally planted in Lytle Park along Fourth Street in 1970." "Once this tree is relocated, the Park Board will use its best efforts to protect it from harm and disease and allow it to live out its natural life," according to the agreement." The park board also must plant three London Plane trees in Eden Park, also with plaques that will read: "This tree grows here thanks to those who fought to save the London Plane trees in Lytle Park, 2018-2021." Brinkman went to court in July 2019 and got a Hamilton County Common Pleas Court judge to order the park board not to remove the remaining London Plane tree after it ripped out three other trees. In response, the board iced a planned $1.85 million, Western & Southern-funded renovation of the park while the sides wrangled in court. Western & Southern's charitable fund transferred about $1.6 million for the park's renovations and said a 2017 memorandum of understanding between it, the park board and the park system's foundation allows it to require the trees be removed. But emails unearthed by Brinkman showed park staffers tried to keep the trees for a decade. Brinkman accused the park board of "subservience" to Western & Southern when it came to Lytle Park. Western & Southern's charitable fund will kick in another $248,000 because of cost overruns unrelated to moving the lone remaining tree. The park board said it could not proceed with the project until all of the funds were secured. The cost of the living London Plane tree's relocation has not yet been determined. The company and its real estate arm, Eagle Realty, has several real estate assets in the eastern part of downtown, including its headquarters, the new Lytle Park Hotel and the Residence Inn. "This outcome is a win for the city of Cincinnati and for the residents and property owners who are happy to call Lytle Park home," said David Nevers, Western & Southern's vice president for public relations and corporate communications. Other provisions in the settlement include: The park board must reactivate the Lytle Park Advisory Council to get citizen input about the park following its renovation. The city must pay $50,000 in attorneys' fees to Brinkman. _________________________________________________________ https://www.cincinnati.com/story/opinion/2020/07/11/opinion-lawsuits-over-tree-holding-lytle-park-renovation-hostage/5417503002/ No one disputes that Lytle Park is badly in need of major restoration. Over 10 years ago, Cincinnati Parks staff began working with neighborhood residents and adjoining property owners to create a master plan for the park's renovation. The plan includes 55 new trees (for a net gain of 29 trees), a new fountain, new park benches, beautiful lighting, walking and jogging paths, new flowers and shrubs, and abundant green space. The final plan was approved by the Cincinnati Park Board a few years ago and approved by the Cincinnati Historical Conservation Board and Cincinnati Zoning Board of Appeals last year. And at a meeting on Tuesday, the Park Board reaffirmed its approval. Replacement of trees along Fourth Street has been part of the approved plan for years. Three of the last four of those trees were removed by the city last year. Downtown resident Kathleen Brinkman has sued to preserve the one remaining tree. Ms. Brinkman's July 9 guest column, "Western & Southern CEO blocks park project," is a desperate attempt to deflect responsibility for the unending delays resulting from her multiple lawsuits against the city - each an attempt to overturn the validly approved master plan. Her letter neglects to address key facts and her role in this saga. First, a few years ago, Western & Southern's Foundation agreed to donate up to $1.6 million to assist with renovation costs, subject to an agreed-upon plan. Public-private partnerships are nothing new. The Smale Riverfront Park project is a great example. The major private donors had input into park plans, the plans were informed by public input and approved through established city processes, and both the city and its residents have reaped the benefits. Western & Southern has provided financial support for Lytle Park's maintenance for many years, and has a vested interest in a vibrant, beautifully renovated park. The current renovation plan, developed after years of collaborative meetings and approved by all relevant authorities, will provide such a park. Second, the current cost of the approved plan exceeds the Park Board's available funds, even including monies provided by the state and Western & Southern. Because the Park Board cannot proceed until this funding gap is addressed, Western & Southern tentatively agreed to donate additional funds in excess of $200,000 to enable the implementation of the approved plan. Third, Ms. Brinkman's own lawsuits are the real cause of delay. She seeks to replace the will of the community with her singular opinion regarding one remaining tree. Her argument that the Park Board should let the renovation project move forward - with its carefully developed plan held hostage in litigation she initiated - is guilty of the disingenuousness she falsely ascribes to Western & Southern. In essence, Ms. Brinkman seeks a right to veto a plan evolved from years of community input and two separate city board approvals. Such an individual veto right is not how communities make decisions. The city's master planning process exists for the good of the entire community, not just a lone voice that was heard but not followed. Western & Southern is not a party to any litigation regarding the Lytle Park renovation. Delays lie solely at the feet of Ms. Brinkman. For the good of the city and neighboring residents and property owners, she should immediately withdraw her frivolous lawsuits so that the long overdue work can begin. _____________________________________________________________________

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Playgrounds / Parks / Athletic Fields

$250,000.00

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Site Work

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December 20, 2018

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