MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into as of the
_______ day of March, 2007, by and between the City of Columbus, Georgia
(hereinafter ?Columbus? and the Muscogee County School District (hereinafter
?MCSD?).
R E C I T A L S:
WHEREAS, MCSD owns a parcel of land containing the old Sears building
and will at a later date receive ownership to certain real property of
approximately 37.75 acres on which the Muscogee County Library is situated
(hereinafter collectively referred to as the ?MCSD property?), and
WHEREAS the MCSD property is located in the City of Columbus, Muscogee County,
Georgia, and
WHEREAS, MCSD is in the process of determining that portions of the
above described MCSD property site have become unnecessary or inconvenient, and
WHEREAS, the MCSD property is located within the territorial boundaries
of the City of Columbus, Georgia, and
WHEREAS, Columbus has indicated a need for the MCSD property for
governmental purposes, and
WHEREAS, MCSD has also determined a need for certain property owned by
Columbus, that will serve its educational purposes, and
WHEREAS, MCSD and Columbus wish to convey to each other certain
property that will accommodate each other?s stated needs, and
WHEREAS, MCSD and Columbus desire to reduce to writing their mutual
understanding of the process and manner in which each shall convey to the other
the above described properties, and
WHEREAS, MCSD and Columbus agree that this Memorandum of Understanding
is to clarify the respective intent of each party as to the agreements
contained herein as well as the intent of each party to enter into a
subsequent, more detailed Agreement regarding the transfer of the properties
noted herein and any terms and conditions that may be required and that in the
event that an intergovernmental contract is entered into between the parties
that said intergovernmental contract shall be in compliance with and pursuant
to Article IX, Section III, Paragraph 1 of the Constitution of the State of
Georgia of 1983,
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, and for the good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, MCSD and Columbus hereby agree as
follows:
Upon completion of the Library Project to the satisfaction of MCSD and upon the
subsequent conveyance of the Library Property (approximately 37.75 acres) and
the Library Project from Columbus to MCSD:
Columbus will remove the Firestone building, located at 3120 Macon Road,
containing approximately 1.334 acres, and contingent on environmental reports
satisfactory to MCSD, will transfer ownership of that parcel of property to
MCSD.
Additionally, Columbus will convey to MCSD, ownership in the tracts of land
Columbus owns adjacent to the Mildred Terry Library; a more detailed property
description to be provided later.
MCSD will remove the Sears building located on property owned by MCSD and will
convey six (6) acres of land, contingent on environmental reports satisfactory
to Columbus and in the approximate location designated on the artist's
rendition attached as Exhibit A, to Columbus to be used for a City Service
Center or other public or governmental project.
It is understood and agreed by the parties to this agreement that the artist's
rendition attached as Exhibit A is useful for generally identifying the
location of 6 acres that will be conveyed by MCSD to Columbus. Nothing
contained in Exhibit A is intended to constitute a promise or specific term
material to this agreement.
MCSD and Columbus will collaborate on parking issues for these facilities,
which is recognized to be an issue to be addressed later. There is an
understanding between the parties that it is the expectation of MCSD that it
will have sufficient shared parking for its purposes on the property and a
corresponding expectation by Columbus that MCSD will share in the cost of the
shared parking.
The parties note that the Firestone, Mildred Terry and old Sears properties are
not a part of the 1999 SPLOST project for the Library. SPLOST funds cannot be
used for acquisition/demolition/development.
The parties further note that Columbus plans to designate the six-acre site,
conveyed by MCSD, for its City Service Center and Olympic swimming
pool/natatorium. 1999 SPLOST funds raised by Question One on the November 2,
1999 Ballot Referendum ($165,059,360 for capital outlay projects) can be used
for constructions and associated costs for these projects.
MCSD and Columbus will submit this Memorandum of Understanding to their
respective Board and Council for approval and execution.
Attachments
No attachments for this document.