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Columbus Consolidated Government

Council Meeting

8/28/2012

To
Mayor and Council
Subject
Chattahoochee River Park Lease Agreement
Initiator
David Arrington, Deputy City Manager
Recommendation
Approval is requested to enter into a lease agreement with Uptown Columbus, \n \n Inc., for management and operation of the Chattahoochee River Park.
Approval
Pending
Background
Pursuant to Council Resolution #289-10, the City entered into a public/private

partnership through a Memorandum of Understanding with Uptown Columbus, Inc.,

for the development of the River Restoration Project. The commitment was for

$5 million over a three year period with the City agreeing to take possession

of the park upon completion. The MOU also provided for the City to negotiate a

lease to be brought back to Council allowing Uptown to manage and operate the

park.



Upon completion of the park and initiation of whitewater rafting the project is

projected to draw approximately 188,000 participants a year, with an estimated

annual economic impact of $42 million and create 700 new jobs. The River

Restoration project is underway with a projected completion date of Summer

2013. The City's financial commitment to the project will be satisfied in FY

2013 with funds already allocated in the current fiscal year budget.
Analysis
The proposed MOU/Lease Agreement will be for an initial 10-Year period with the

option to renew for an additional 10 years. Under the terms of the agreement

Uptown Columbus, Inc., will be responsible for the following:

a. Procurement and oversight of Outfitters at City-designated river access

points, as shown on Exhibit ?C?. UCI shall insure that all such Outfitters

perform their duties in accordance with generally accepted standards for

whitewater operations

b. Access control

i. UCI will manage City-designated river access and take out points from North

Highland Dam to the Trade Center landing.

ii. UCI will receive a fee from any Outfitter for using designated City Access

points for whitewater operations.

iii. The City shall access a rental fee to Uptown Columbus, Inc. for the

launching of whitewater rafting trips equal to 3.5% of the prevailing approved

Outfitter rafting fee for each individual rafter utilizing the

designated City access points.

iv. UCI and Outfitter or Outfitters will develop a system of accountability

to determine all rafting revenue owed to UCI and City for operations at

City-designated river access points, subject to approval of the City Finance

Department.

c. Coordination with Columbus Police Department on security.

d. Coordination with Columbus Fire and EMS Department and Department of Natural

Resources on safety and rescue.

e. Maintenance and trash removal at the City-designated river access points.

f. Maintaining of in-river whitewater features.

g. UCI will control all City-designated river access points from North

Highland Dam to Trade Center Landing.

h. Event planning and operations, subject to special events sponsored by the

City.



UCI shall indemnify and hold City harmless for any and all claims of liability

for personal injury, property damage or death which may arise or occur out of

performance under this agreement. UCI shall require any Outfitter to purchase

and demonstrate general public liability insurance coverage in an amount not

less than $1,000,000.00 and City shall be named as an additional insured in all

such policies.



In addition to this agreement there will be a need to adopt certain safety

regulations related to the operation and public activities occurring in and

around the Chattahoochee River Park. Uptown Columbus, Inc. has already

initiated discussions with the Department of Natural Resources, local public

safety agencies, and professional whitewater rafting organization to develop

the necessary safety and operational guidelines. These regulations will be

brought forth at a later time for Council consideration.
Financial Considerations
The City is projected to generate approximately $50,000 in revenue from the

utilization fee during the first year of operation.
Projected Annual Fiscal Impact Statement
Under the terms of the MOU Uptown Columbus, Inc., is responsible for

maintenance and trash removal at the designated City access points. The City

will continue to be responsible for normal Riverwalk maintenance.
Legal Considerations
Council approval is required of this action.
Recommendations/ Actions
Authorize the City Manager to enter into a lease agreement with Uptown

Columbus, Inc., to manage and operate the Chattahoochee River Park.













A RESOLUTION



NO. _____

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CHATTAHOOCHEE RIVER

PARK MANAGEMENT LEASE AGREEMENT WITH UPOWN COLUMBUS, INC., A NON-PROFIT

CORPORATION ("UCI") TO MANAGE AND OPERATE THE CHATTAHOOCHEE RIVER PARK.

WHEREAS, the River Restoration Project will bring the Chattahoochee River back

to its natural flow by breaching 2 dams in this 2.5 mile stretch of the river.

This project will restore the Chattahoochee River to the economic engine that

it was in our past and provide environmental benefit; and,

WHEREAS, Pursuant to Council Resolution #289-10, the City entered into a

public/private partnership through a Memorandum of Understanding with Uptown

Columbus, Inc., for the development of the River Restoration Project. The

commitment was for $5 million over a three year period with the City agreeing

to take possession of the park upon completion. The MOU also provided for the

City to negotiate a lease to be brought back to Council allowing Uptown to

manage and operate the park.

WHEREAS, the MOU/Lease Agreement will be for an initial 10-Year period with the

option to renew for an additional 10 years; and,

WHEREAS, the Chattahoochee River Park Lease agreement outlines the

administration of the agreement and is attached and hereto made a part of this

resolution.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

That the City Manager is hereby authorized to enter into a

Chattahoochee River Park Lease Agreement with Uptown Columbus, Inc., for

management and operation of the Chattahoochee River Park pursuant to the

attached Memorandum of Understanding - Lease Agreement Chattahoochee River Park

Management.

___________

Introduced at a regular meeting of the Council of Columbus, Georgia,

held the _________day of _____________, 2012 and adopted at said meeting by the

affirmative vote of _____________members of said Council.



Councilor Allen voting __________.

Councilor Baker voting __________.

Councilor Barnes voting __________.

Councilor Davis voting __________.

Councilor Henderson voting __________.

Councilor Huff voting __________.

Councilor McDaniel voting __________.

Councilor Thomas voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.



___________________________________ _____________________________

Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor







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