Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

Agenda Item # 6



Columbus Consolidated Government



Council Meeting

06/14/2011



Agenda Report # 648



TO: Mayor and Council



SUBJECT: MOU with Wal-Mart Real Estate Business Trust and Wal-Mart

Realty



INITIATED BY: Engineering Department







Recommendation: Approval is requested to enter into a Memorandum of

Understanding (MOU) with Wal-Mart Real Estate Business Trust (WMREBT) and

Wal-Mart Realty Company (Realty), for the reimbursement of a portion of the

City funds expended in the repair of Whittlesey Boulevard. Wal-Mart desires

to make certain improvements to the private road currently owned by both the

Airport Commission and WMREBT and Realty which runs from Airport Thruway to

Sowega Drive and referred to as Smoke Drive for this MOU purposes.



Background: In 2006 the City started negotiations with Wal- Mart for

participation in repairs to Whittlesey Boulevard as a result to of damages in

part from the construction activities during the parcel containing the Wal-Mart

Supercenter. Negotiations continued for 4 years until such time the City felt

it was in the best interest to move forward with the repair of the road to

prevent further damage and in the interest of public safety due to the

condition of the road. Wal-Mart had committed to participate but the final

contribution had not been determined at that time. In November 2010 the road

was patched and resurfaced through the City's annual Paving Contract at a cost

of $1,068,796.35 including paving, striping and signal loop repairs, etc.

WMREBT and Realty through their engineers have submitted and gotten approved

plans for required improvements to the private street, proposed as "Smoke

Drive, currently owned by the Airport Commission that runs along side the

Wal-Mart Supercenter between Airport Thruway and Sowega Drive.



Analysis: WMREBT and Realty through the Airport Commission proposes to grant a

permanent exclusive easement in favor of the City upon the City's acceptance of

Smoke Drive as a public right of way which will be submitted to Council after

completion of construction and final inspection by the Department of

Engineering, and the agreed upon contribution being received and paid in full.





Financial Considerations: The City has already expended $1,068,796.35 in the

repair of Whittlesey Boulevard. WMREBT and Realty have committed to contribute

$108,981.61 toward those expenditures. WMREBT and/or Realty will be

responsible for all proposed repairs/improvements to Smoke Drive.



Projected Annual Fiscal Impact Statement: City will assume normal maintenance

of Smoke Drive after acceptance and expiration of the warranty period.



Legal Considerations: The MOU has been reviewed and approved by the City

Attorney.



Recommendations/ Actions: Approval is requested of a resolution authorizing

the Mayor or City Manager to enter into a Memorandum of Understanding (MOU)

with Wal-Mart Real Estate Business Trust (WMREBT) and Wal-Mart Realty Company

(Realty), for the reimbursement of a portion of the City funds expended in the

repair of Whittlesey Boulevard. Wal-Mart desires to make certain improvements

to the private road currently owned by the Airport Commission and WMREBT and

Realty running from Airport Thruway to Sowega Drive and referred to as Smoke

Drive for this MOU purposes.

















A RESOLUTION

NO. _____

A RESOLUTION AUTHORIZING THE MAYOR OR CITY MANAGER TO ENTER INTO A MEMORANDUM

OF UNDERSTANDING WITH WAL-MART REAL ESTATE BUSINESS TRUST(WMREBT) AND WAL-MART

REALTY (REALTY) FOR CONTRIBUTION TO EXPENSES INCURRED FOR REPAIR OF WHITTLESEY

BOULEVARD. WAL-MART DESIRES TO MAKE CERTAIN REPAIRS/IMPROVEMENTS TO THAT

PRIVATE STREET OWNED BY BOTH THE AIRPORT COMMISSION AND WMREBT AND REALTY

RUNNING FROM AIRPORT THRUWAY TO SOWEGA DRIVE AND THE CITY'S FUTURE ACCEPTANCE

OF SAME STREET.

WHEREAS, Wal-Mart Real Estate Business Trust (WMREBT) proposes to contribute

$108,891.61 toward expenses incurred by the City for the repair of Whittlesey

Boulevard; and,

WHEREAS, WMREBT and Realty desire to perform certain repairs/improvements to a

private road, "Smoke Drive" which is owned in part by WMREBT and Realty and in

part by the Airport Commission; and,

WHEREAS, WMREBT, Realty and the Airport Commission desire to have " Smoke

Drive" dedicated to the City as public right of way and an exclusive easement

in the future after completion of all improvements, final inspection by the

Department of Engineering and submission of all appropriate documents and

acceptance by Council.

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

That the Mayor or City Manager is hereby authorized to enter into a

Memorandum of Understanding with Wal-Mart Real Estate Business Trust and

Wal-Mart Realty for contribution to expenses incurred for repairs of Whittlesey

Boulevard and for Wal-Mart to make certain repairs/improvements to that private

road owned by both the Airport Commission and WMREBT and Realty that runs from

Airport Thruway to Sowega Drive as outlined in the attached agreement.

___________

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

the _________day of _____________, 2011 and adopted at said meeting by the

affirmative vote of

_____________members of said Council.



Councilor Allen voting __________.







Councilor Henderson voting __________.

Councilor Huff voting __________.

Councilor McDaniel voting __________.

Councilor Turner Pugh voting __________.



Councilor Woodson voting __________.





___________________________ _________________________

Tiny Washington, Clerk of Council , Mayor





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