Agenda Item # 1

Columbus Consolidated Government

Council Meeting

05/28/2013

Agenda Report # 80



TO: Mayor and Council

SUBJECT: Chattahoochee River Park Assignment of Lease Agreement

INITIATED BY: Amy Carbajal, Community Reinvestment


Recommendation: Approval is requested for the City Manager to execute an Assignment of Lease Agreement with Uptown Columbus for the management of the Chattahoochee River Park to Uptown Whitewater Management, LLC.

Background: Council authorized the Whitewater Memorandum of Understanding with Uptown Columbus, Inc on August 28, 2012. Uptown has established a separate entity to manage all whitewater operations, however, Uptown Columbus, Inc will remain guarantor of the lease agreement. The agreement must be assigned to Uptown Whitewater Management, LLC to allow them to conduct all operations on behalf of Uptown Columbus, Inc.

Analysis: The original agreement authorized by Council in August 28, 2012 is still in tact.

Financial Considerations: The financial terms of the original contract remain in tact.

Projected Annual Fiscal Impact Statement: The City anticipates generating positive revenue through this agreement.

Legal Considerations: The City Attorney has reviewed and approved the documents.

Recommendations/ Actions: Authorize the City Manager to execute an Assignment of Lease Agreement with Uptown Columbus for the management of the Chattahoochee River Park to Uptown Whitewater Management, LLC







A RESOLUTION

NO. _________

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSENT TO AN ASSIGNMENT OF LEASE FROM UPTOWN COLUMBUS, INC. TO UPTOWN WHITEWATER MANAGEMENT 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, on December 11, 2012, the City authorized the City Manager 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 River Park; and,

WHEREAS, the City entered into such lease Agreement with Georgia Power on February 4, 2013; and,

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, which Agreement contemplated the execution of a Lease from the City to Uptown Columbus, Inc., which Lease was entered into on May 24, 2013; and,

WHEREAS, Uptown Columbus, Inc. has requested that the City consent to an assignment of the Lease to Uptown Whitewater Management, LLC, which entity will be responsible for the management of the Chattahoochee River Park.

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:

That Council hereby approves and consents to the Assignment of Lease in the form and content substantially as attached hereto as Exhibit “A”, and the City Manager is hereby authorized to execute said Assignment to evidence the consent of the City, provided, however, that Uptown Columbus, Inc. execute and deliver to the City Manager a Guaranty of the Lease in the form attached hereto as Exhibit “B”.
____________

Introduced at a regular meeting of the Council of Columbus, Georgia, held the ____ day of _______ 2013, 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 Teresa Pike Tomlinson, Mayor