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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