To

Mayor and Council

Subject

Georgia Power Lease Agreement, Temporary License Agreement, and Minor Amendments to Memorandum of Understanding with Uptown on Whitewater.

Initiator

David Arrington, Deputy City Manager

Recommendation

Authorize the City Manager to execute a Lease Agreement and Temporary License \n \n Agreement with Georgia Power for property associated with the Chattahoochee \n \n River Park and to execute minor amendments to the Memorandum of Understanding \n \n with Uptown Columbus for management of the Chattahoochee River Park.

Approval

Pending

Background

The City currently has an access easement with Georgia Power for property

comprising the Riverwalk from North of City Mills to South of the old Bibb

Mill. The existing easement does not provide for activities in the current

river bed. In order to complete construction of the whitewater venue and to

facilitate whitewater operations in the Chattahoochee River Park it is

necessary for the City to enter into a lease with Georgia Powr for

approximately 23.22 acres of land and to obtain a Temporary License Agreement

to conduct construction activities with the existing Federal Energy Regualtory

Commission (FERC) boundary.

Analysis

The term of the lease agreement will be until 2035 and extended year to year

thereafter. The lease agreement requires Uptown Columbus or any other

manager/operator in the future to maintain commercial general liability

insurance in the amount of $10 million per occurance. The City is not

required to provide the insurance, only to insure manager/operators of the

Chattahoochee River Park to maintain the minimum insurance requirements.

Under this arrangement the City does not waive any immunities as provided for

under current Georgia Law. The Temporary License Agreement authorizes

construction for the whitewater venue to occur within the current FERC

boundary. This agreement is limited in scope, only authorizing specific

construction activities as described in the agreement. The agreement will

expire upon completion of the whitewater construction. Attached is a copy of

both agreements in substantially complete form. As part of the negotiation for

these two agreements, Georgia Power requested the Memorandum of Understanding

between the City and Uptown for management of the Chattahoochee River Park be

amended to reflect the insurance requirements stated in the lease agreement and

to clarify the boundary of the park as being outside the current FERC project

area.

Financial Considerations

There are no financial considerations for the City. Uptown Columbus, Inc will

fund the additional insurance.

Projected Annual Fiscal Impact Statement

The City will not incur an annual fiscal impact as a result of these

agreements.

Legal Considerations

The City Attorney concurs with this action.

Recommendations/ Actions

Authorize the City Manager to execute a Lease Agreement and Temporary License

Agreement with Georgia Power for property associated with the Chattahoochee

River Park and to execute minor amendments to the Memorandum of Understanding

with Uptown Columbus for management of the Chattahoochee River Park.

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