Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

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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