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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