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Agenda Item #Do not use this one.

Columbus Consolidated Government

Council Meeting

11/18/2014


To
Mayor and Council
Subject
Memorandum of Understanding - Muscogee County School District Property Exchange
Initiator
David Arrington, Deputy City Manager
Recommendation
Authorize the Mayor to execute a Memorandum of Understanding with the Muscogee \n \n County School District for the exchange of property for future redevelopment \n \n purposes.
Approval
Approved
Background
The City has assembled a large tract (approx. 33 acres) in South Columbus for

redevelopment purposes. The City also has plans to make road improvements,

streetscapes, and multi-purpose recreational trails in the immediate area to

further promote development of the area. The City has a need for land to

implement road improvements at Buena Vista Road railroad crossing. Additional

right-of-way will be required for road realignments and construction. The

Muscogee County School District (MCSD) has a need for land in South Columbus

for future educational purposes. MCSD currently owns approximately 36 acres

immediately adjacent to the City owned property.
Analysis
The proposed exchange of land described in Exhibit "A" of the Memorandum of

Understanding will allow both organizations to meet critical needs for future

developments. The Memorandum of Understanding will allow both organizations to

conduct due diligence on the proposed exchange. The exchange of property will

be for property of equal value based on appraisals agreed upon by both

parties. If there is a difference in value of the property to be exchange,

the party whose property is less in value than the other party's property shall

pay the difference in cash at closing to the other party whose property is more

valuable. Under the terms of the agreement the MCSD reserves the right to

utilize two rooms on the Marshal Middle School Property based on terms agreed

to by both parties.
Financial Considerations
The City will incur some cost during the due diligence period with the MCSD for

appraisals and environmental reviews. Funds are budgeted in the Community

Reinvestment Department Budget for this purpose.
Projected Annual Fiscal Impact Statement
The property exchange would reduce the ROW cost for the Buena Vista Road

project. The City would assume maintenance responsibilities for the property

being acquired but relived of the responsibilities for the property being

conveyed. Maintenance costs for the Marshal Middle School site will be

determined during the due diligence period.
Legal Considerations
Council must approval all Memorandum of Understanding agreements and property

transactions.
Recommendations/ Actions
Authorize the Mayor to execute a Memorandum of Understanding with the Muscogee

County School District for the exchange of property for future redevelopment

purposes.











A RESOLUTION



NO. _____

A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING

WITH THE MUSCOGEE COUNTY SCHOOL DISTRICT FOR THE EXCHANGE OF PROPERTY FOR

FUTURE EDUCATIONAL AND REDEVELOPMENT PURPOSES.

WHEREAS, the School District is the owner of those certain properties

identified as the School District Properties on Exhibit "A" attached hereto

(the "School District Properties"); and,

WHEREAS, the City is the owner of that certain property containing 33 acres,

more or less, located on Fr. Benning Road and identified as the City Owned

Property on Exhibit "A" attached hereto (the "City Owned Property"); and,

WHEREAS, the City is contemplating acquiring those certain properties

identified as the City Acquisition Properties on Exhibit "A" attached hereto,

which are contiguous to the City Owned Property (the "City Acquisition

Properties"), and together with the City Owned Property hereinafter

collectively referred to as the "City Properties"); and,

WHEREAS, the City Properties are in the immediate vicinity of a 7 acre, more or

less, tract of land on Ft. Benning Road and a 28 acre, more or less, tract of

land on Cusseta Road which are owned by the School District which the School

District is holding for future use (collectively referred to as the "School

District 35 acres"); and

WHEREAS, the City, as part of its efforts to revitalize the areas surrounding

the City Properties and the School District 35 acres, is in the process of

making certain road improvements to Cusseta Road and Ft. Benning Road in the

immediate vicinity of the City Properties and the School District 35 acres, and

is also in the process of developing the former railroad line property

adjoining the City Owned Property and the School District 35 acres; and,

WHEREAS, the School District desires to exchange some or all of the School

District Properties in exchange for some or all of the City properties for

future use; and,

WHEREAS, the City desires to exchange the City Property for some or all of the

School District Properties for its future use and revitalization of the areas

surrounding properties; and,

WHEREAS, the parties shall have two (2) years, for the City to acquire the City

Acquisition Properties and for the Parties to perform necessary due diligence

with respect to the properties that will be in the final exchange, including,

but not limited to, performing or obtaining title exams, surveying,

environmental testing, appraisals and third party approvals, if any are

required, in order to consummate the exchange; and,

WHEREAS, the Parties agree that the exchange of all the subject properties does

not have to occur simultaneously and may occur in one or more exchanges during

the Term, subject to the terms of the agreement; and,

WHEREAS, the Parties acknowledge that the total value of the School District

Property exchanged and the total value of the City Property to be exchanged in

any exchange that occurs during the Term shall be equal, or, if not, the party

whose property is less in value than the other party's property shall pay the

difference in cash at closing to the other party whose property is more

valuable; and,

WHEREAS, after the time of the exchange of the Marshall Middle School property

that is part of the School District Property, the City and the School District

will enter into an agreement whereby the School District will have the right to

continue to occupy and use space known as Rooms 102 and 103 of the building

known as Building 40000 located on the Marshall Middle School property for such

term and upon such conditions as the parties agree to; and,

WHEREAS, The Properties will be exchanged pursuant to limited warranty deeds.

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

We hereby authorize the Mayor to execute the attached Memorandum of

Understanding and hereby authorize the City Manager, City Attorney, Finance

Director or their representatives to carry out performance of an exchange of

all or part of real estate properties listed on Exhibit ?A? to the Memorandum

of Understanding.

___________

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

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

affirmative vote of _____________members of said Council.



Councilor Allen voting __________.







Councilor Henderson voting __________.



Councilor Huff voting __________.

Vacant __________.

Councilor Turner Pugh voting __________.



Councilor Woodson voting __________.



________________________ _________________________

Tiny Washington, Clerk of Council , Mayor