Agenda Item # 6
Columbus Consolidated Government
Council Meeting
12/11/2012
Agenda Report # 132
TO: Mayor and Council
SUBJECT: Georgia Power Lease Agreement, Temporary License
Agreement, and
Minor Amendments to Memorandum of Understanding with Uptown on
Whitewater
INITIATED BY: David Arrington, Deputy City Manager
Recommendation: Approval is requested to execute a Lease Agreement and
Temporary License Agreement with Georgia Power for property associated with the
Chattahoochee River Park and to execute minor amendments to the Memorandum of
Understanding with Uptown Columbus for management of the Chattahoochee River
Park.
Background: The City currently has an access easement with Georgia Power for
property comprising the Riverwalk from North of City Mills to South of the old
Bibb Mill. The existing easement does not provide for activities in the
current river bed. In order to complete construction of the whitewater venue
and to facilitate whitewater operations in the Chattahoochee River Park, it is
necessary for the City to enter into a lease with Georgia Power for
approximately 23.22 acres of land and to obtain a Temporary License Agreement
to conduct construction activities with the existing Federal Energy Regulatory
Commission (FERC) boundary.
Analysis: The term of the lease agreement will be until 2035 and extended year
to year thereafter. The lease agreement requires Uptown Columbus or any other
manager/operator in the future to maintain commercial general liability
insurance in the amount of $10 million per occurrence. The City is not
required to provide the insurance, only to insure manager/operators of the
Chattahoochee River Park to maintain the minimum insurance requirements. Under
this arrangement the City does not waive any immunities as provided for under
current Georgia Law. The Temporary License Agreement authorizes construction
for the whitewater venue to occur within the current FERC boundary. This
agreement is limited in scope, only authorizing specific construction
activities as described in the agreement. The agreement will expire upon
completion of the whitewater construction. Attached is a copy of both
agreements in substantially complete form. As part of the negotiation for
these two agreements, Georgia Power requested the Memorandum of Understanding
between the City and Uptown for management of the Chattahoochee River Park be
amended to reflect the insurance requirements stated in the lease agreement and
to clarify the boundary of the park as being outside the current FERC project
area.
Financial Considerations: There are no financial considerations for the City.
Uptown Columbus, Inc will fund the additional insurance.
Projected Annual Fiscal Impact Statement: The City will not incur an annual
fiscal impact as a result of these agreements.
Legal Considerations: The City Attorney concurs with this action.
Recommendations/ Actions: Authorize the City Manager to execute a Lease
Agreement and Temporary License Agreement with Georgia Power for property
associated with the Chattahoochee River Park and to execute minor amendments to
the Memorandum of Understanding with Uptown Columbus for management of the
Chattahoochee River Park.
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A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT AND A
TEMPORARY LICENSE AGREEMENT WITH GEORGIA POWER FOR PROPERTY ASSOCIATED WITH THE
CHATTAHOOCHEE RIVERPARK AND TO EXECUTE MINOR AMENDMENTS IN THE MEMORANDUM OF
UNDERSTANDING WITH UPTOWN COLUMBUS, INC., FOR MANAGEMENT OF THE CHATTAHOOCHEE
RIVER PARK.
WHEREAS, on August 28, 2012, Council approved Resolution 251-12
authorizing the City Manager to enter into a Management Agreement with
Uptown Columbus, Inc. to manage the Chattahoochee River Park; and,
WHEREAS, it is necessary for the City to enter into a Lease Agreement
and Temporary License Agreement with Georgia Power to facilitate construction
of the whitewater venue and future operations of the Chattahoochee Riverpark;
and,
WHEREAS, the Lease Agreement will extend until 2035 and be renewed from
year-to-year thereafter and the Temporary License Agreement will expired upon
completion of construction of the whitewater venue; and,
WHEREAS, under the conditions of the lease agreement the City is
required to obtain or cause to be obtained and maintained by third party
operators, general liability insurance coverage in the amount of $10 million
per occurrence. The City does not waive any governmental immunity as currently
provided under Georgia Law by this action; and,
WHEREAS, the current Memorandum of Understanding with Uptown Columbus,
Inc. will be amended to require Uptown obtain and maintain the minimum general
liability insurance coverage as required under the terms of the Georgia Power
Lease.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
That the City Manager is hereby authorized to execute a lease agreement
and a temporary license agreement with Georgia Power for property associated
with the Chattahoochee Riverpark and to execute minor amendments in the
Memorandum of Understanding with Uptown Columbus, Inc., for management of the
Chattahoochee River Park.
___________
Introduced at a regular meeting of the Council of Columbus, Georgia, held
the _________day of _____________, 2012 and adopted at said meeting by the
affirmative vote of ____________ members of said Council.
Councilor Allen voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Huff voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Thomas voting __________.
Councilor Woodson voting __________.
_____________________________ _________________________
Tiny B. Washington, Clerk of Council , Mayor
Attachments