428610-1
AMENDED MEMORANDUM OF UNDERSTANDING
This Amended Memorandum of Understanding (hereinafter ?MOU?) is made and
entered into as of the _______ day of July, 2007, by and between Columbus,
Georgia (hereinafter ?Columbus?) and the Muscogee County School District
(hereinafter ?MCSD?) and amends the Memorandum of Understanding agreed to by
these Parties on March 20, 2007 and approved by the Columbus City Council and
the Muscogee County School Board.
R E C I T A L S:
WHEREAS, the Parties wish to proceed with completing the Library Project so
that the 37.75 acres can be conveyed from Columbus to MCSD and the exchange of
the other pieces of property agreed to in the Memorandum of Understanding dated
March 20, 2007, can be finalized, including the six-acre site to be conveyed by
MCSD to Columbus and the conveyance by Columbus to MCSD of the approximate
1.334 acres in which the Firestone building is located, that being at 3120
Macon Road, and the conveyance by Columbus to MCSD of the tracts of land
Columbus owns adjacent to the Mildred Terry Library; a more detailed property
description to be provided later. The tracts consist of two parcels, 616 and
628 Veteran?s Parkway with a combined acreage of approximately 0.737 acres (the
property at 616 Veterans is 0.637 acres, the small remaining parcel located at
628 Veterans is approximately 0.1 acres. Both parcels are currently undeveloped.
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:
1. The six acre site that the MCSD will deed to the City will be from the 37.75
acres at the Library Site but the exact location will be determined at a later
date.
2. No less than three million dollars will be spent by the three parties, the
City, MCSD and the Library Board, on landscaping at the Site, as defined herein.
3. The Library Board agrees that in addition to what it has already spent on
landscaping on the Library site, it will contribute towards the $3 Million
landscaping goal, $2.3 Million, comprised of the following items from the Needs
List submitted to the City Council for approval to complete the Library
Project: a) $300,000 for landscaping at the front of the Library, b) $1,349,419
for the Story Telling Plaza; c) $611,049 for landscaping at the rear of the
Library, and d) $172,425 for design of the Story Telling Plaza, landscaping &
irrigation, and if the Library Board has any money remaining in its SPLOST
budget either in the contingency fund or if it experiences any other savings,
such money will also be contributed toward the $3 Million landscaping goal.
4. If the MCSD builds its Administration Building on the 37.75-acre the site,
it will provide landscaping to enhance such building and said landscaping
expenditure will also be considered its contribution toward the $3 Million
landscaping goal.
5. The City and MCSD also agree that the shared parking facility to be built on
the site as per the March 20, 2007 Memorandum of Understanding, will provide
landscaping. That landscaping will also be considered toward the $3 Million
landscaping goal.
6. The City will build a Citizens Service Center and an Olympic Swimming
Pool/Natatorium at the site upon the six acres to be deeded to it by the MCSD.
At a minimum, the City will contribute the balance of the $3 Million
landscaping goal by enhancing such buildings with landscaping.
7. The Parties agree that the term landscaping, is defined as consisting of
both hardscape and softscape components, as defined below, and that the Needs
List submitted by the Library Board includes landscaping that is comprised of
both hardscape and softscape.
Hardscape, or "hardscaping" consists of the inanimate elements of landscaping,
especially any masonry work or woodwork. For instance, stone walls, concrete or
brick patios, tile paths, wooden decks and wooden arbors would all be
considered part of the hardscape. But by extension, anything used in
landscaping that is not part of the softscape can be considered a hardscape
element, including home accents such as water fountains.
Softscape comprises the animate, horticultural elements of landscape design,
i.e., plants. Softscape elements are complemented by hardscape design elements,
such as stone walls, tile patios and brick walkways.
8. The Parties agree that it would be more fiscally responsible to not proceed
with certain aspects of the landscaping for the Library Project that may have
to be removed at a future date depending on the location of the City Service
Center and Olympic swimming pool/natatorium and the shared parking facility
referenced above, which said location has yet to be finalized by the Parties,
and therefore the Parties agree that from the Needs List submitted to the City
Council by the Library Board to complete the Library Project, the Library Board
agrees not to expend, and will hold in reserve, until said time that Columbus
and MCSD specifically identify the location of the six acres that MCSD shall be
conveying to Columbus for its City Service Center and Olympic swimming
pool/natatorium and the shared parking facility referenced above, and a Master
Plan for said site is developed showing not only the location of the buildings
and improvements but also the landscaping to be designed and constructed by
Columbus on that site, the following authorized expenditures: a) $611,049 for
landscaping at the rear of the Library, and b) any amount remaining from the
allocated $1,349,419 for the Story Telling Plaza after the actual Plaza has
been designed and constructed, that would have been allocated for greenspace
after said construction was completed.
9. Columbus and MCSD shall reach an Agreement as to the specific location of
the six acres that MCSD shall convey to Columbus for the City Service Center
and Olympic swimming pool/natatorium and the shared parking facility referenced
above. A Master Plan shall be developed for the six acres to include the
buildings, improvements, and the landscaping for that site.
10. Upon Council approval of the Needs List as submitted, with the conditions
stated herein, and the monies specifically allocated for the items submitted in
the Needs List, MCSD shall determine the project complete by appropriate
written document and the property conveyances as agreed upon by the Parties in
the March 20, 2007 MOU and this Amended MOU, shall occur.
11. All other terms and conditions of the Memorandum of Understanding (?MOU?)
executed by the Parties on March 20, 2007, including but not limited to all the
language contained in the ?Recitals ?, that are not in conflict with this
Amended Memorandum of Understanding, shall remain in full force and effect.
12. To the extent that MCSD has to make any findings as to whether any property
has become unnecessary or inconvenient or must meet specific legal mandates
required by the State of Georgia for the conveyance of any property owned by a
school district, nothing contained in this Amended Memorandum of Understanding
shall be contrary to said legal requirements, and MCSD shall comply with all
legal requirements in order to convey any property.
13. MCSD and Columbus will submit this Memorandum of Understanding to their
respective Board and Council for approval and execution.
MUSCOGEE COUNTY SCHOOL DISTRICT
______________________________________
James Walker, Chairman, Muscogee County Board of Education
_____________________________________
Dr. John A. Phillips, Jr. Superintendent, Muscogee County School District
APPROVED BY MUSCOGEE COUNTY SCHOOL BOARD
James Walker, District 3 Yes_____
Chair
No _____
Dr. Philip T. Schley, District 8 Yes_____
Vice-Chair
No _____
Cathy Williams, Member at Large Yes_____
No _____
Patricia Hugley Green, District 1 Yes_____
No _____
John Wells, District 2 Yes_____
No _____
Naomi Buckner, District 4 Yes_____
No _____
Fife M. Whiteside, District 5 Yes_____
No _____
Brenda Storey, District 6 Yes_____
No _____
Joseph Roberson, District 7 Yes_____
No _____
APPROVED BY CITY COUNCIL, COLUMBUS, GEORGIA
______________________________________
Jim Wetherington, Mayor
_____________________________________
Isaiah Hugley, City Manager
District 1 Jerry "Pops" Barnes Yes_____
No _____
District 2 Glenn Davis Yes_____
No _____
District 3 Julius Hunter, Jr. Yes_____
No _____
District 4 Evelyn Turner-Pugh Yes_____
No _____
District 5 Mike Baker Yes_____
No _____
District 6 R. Gary Allen Yes_____
No _____
District 7 Evelyn "Mimi" Woodson Yes_____
No _____
District 8 C. E. "Red" McDaniel Yes_____
No _____
District 9 at Large Wayne Anthony Yes_____
No _____
District 10 at Large Berry "Skip" Henderson Yes_____
No _____
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