Agenda Item # 1
Columbus Consolidated Government
Council Meeting
05/28/2013
Agenda Report # 80
TO: Mayor and Council
SUBJECT: Chattahoochee River Park Assignment of Lease Agreement
INITIATED BY: Amy Carbajal, Community Reinvestment
Recommendation: Approval is requested for the City Manager to execute an
Assignment of Lease Agreement with Uptown Columbus for the management of the
Chattahoochee River Park to Uptown Whitewater Management, LLC.
Background: Council authorized the Whitewater Memorandum of
Understanding with Uptown Columbus, Inc on August 28, 2012. Uptown has
established a separate entity to manage all whitewater operations, however,
Uptown Columbus, Inc will remain guarantor of the lease agreement. The
agreement must be assigned to Uptown Whitewater Management, LLC to allow them
to conduct all operations on behalf of Uptown Columbus, Inc.
Analysis: The original agreement authorized by Council in August 28, 2012 is
still in tact.
Financial Considerations: The financial terms of the original contract remain
in tact.
Projected Annual Fiscal Impact Statement: The City anticipates generating
positive revenue through this agreement.
Legal Considerations: The City Attorney has reviewed and approved the
documents.
Recommendations/ Actions: Authorize the City Manager to execute an Assignment
of Lease Agreement with Uptown Columbus for the management of the Chattahoochee
River Park to Uptown Whitewater Management, LLC
A RESOLUTION
NO. _________
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT TO AN
ASSIGNMENT OF LEASE FROM UPTOWN COLUMBUS, INC. TO UPTOWN WHITEWATER MANAGEMENT
FOR MANAGEMENT OF THE CHATTAHOOCHEE RIVER PARK.
WHEREAS, on August 28 2012, Council approved Resolution 251-12 authorizing the
City Manager to enter into a Management Agreement with Uptown Columbus, Inc. to
manage the Chattahoochee River Park; and,
WHEREAS, on December 11, 2012, the City authorized the City Manager to enter
into a Lease Agreement and Temporary License Agreement with Georgia Power to
facilitate construction of the whitewater venue and future operations of the
Chattahoochee River Park; and,
WHEREAS, the City entered into such lease Agreement with Georgia Power on
February 4, 2013; and,
WHEREAS, on August 28, 2012, Council approved Resolution 251-12 authorizing the
City Manager to enter into a Management Agreement with Uptown Columbus, Inc.,
to manage the Chattahoochee River Park, which Agreement contemplated the
execution of a Lease from the City to Uptown Columbus, Inc., which Lease was
entered into on May 24, 2013; and,
WHEREAS, Uptown Columbus, Inc. has requested that the City consent to an
assignment of the Lease to Uptown Whitewater Management, LLC, which entity will
be responsible for the management of the Chattahoochee River Park.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
That Council hereby approves and consents to the Assignment of Lease in the
form and content substantially as attached hereto as Exhibit ?A?, and the City
Manager is hereby authorized to execute said Assignment to evidence the consent
of the City, provided, however, that Uptown Columbus, Inc. execute and deliver
to the City Manager a Guaranty of the Lease in the form attached hereto as
Exhibit ?B?.
____________
Introduced at a regular meeting of the Council of Columbus, Georgia, held the
____ day of _______ 2013, 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 Turner Pugh voting _______________.
Councilor Thomas voting _______________.
Councilor Woodson voting _______________.
______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Attachments