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STATE OF SOUTH CAROLINA
Cooperative Agreement
COUNTY OF RICHLAND
This Cooperative Agreement (CA) is made and entered into on July 9, 2003 by the University of South Carolina (USC); its affiliated organizations, the USC Development Foundation (USCDF) and the Office of Legal Education, Executive Office for the United States Attorney U.S. Department of Justice (DOJ); the University Hill Neighborhood Association (UNA); and the City of Columbia (the City).
The USCDF has at least two options for the development of an Inn. All parties acknowledge that this CA only addresses one location being considered for the Inn. Further, all parties agree that the use and intent of this document is only for confirming the viability of the 1600 block of Pendleton Street location. In no way should the agreement of all parties to this document mean or be construed as a decision by the University, USCDF or the DOJ to proceed at this location.
It is the intent of the parties that the relevant provisions of this CA will be incorporated into a PUD Plan for the block bounded by Pendleton, Henderson, Senate, and Pickens Streets including the development of the parcel owned by USCDF on the 1600 block of Pendleton St. in Columbia, South Carolina, and that the PUD Plan will be submitted to the City of Columbia Planning Commission and the City of Columbia Design/Development Review Commission for review and approval. Following these reviews the issue of rezoning the subject property shall be submitted to Columbia City Council. The City’s status as a party to this CA shall in no way bind Columbia City Council to take action to rezone the subject property.
(1) Development of Facility- Inn at USC
Upon rezoning of the subject property, an inn facility with a maximum of 117 rooms shall be constructed on the site. This inn facility will be developed and operated by a private developer under a lease from the USCDF. The existing historic two-story red brick structure at 1619 Pendleton St. (the Black House) will be renovated by the developer and incorporated into the operation of the inn.
The new inn structure will be designed to complement the historic character of the Black House and the existing historic three-story apartment structure at 1611 Pendleton St. (the Kirkland Apartments). The various physical characteristics of this new inn facility and the overall site layout, including but not limited to height, facade, set-back, alignment with existing historic structures, parking, buffer zones, screening, and signage, will be submitted by the developer to the UNA for review and comment during the preparation of the PUD Plan. Construction of the inn must be completed within two years of the approval of the PUD rezoning ordinance for the 1600 block of Pendleton St.
The primary occupants of the inn facility will be DOJ. In addition there will be other guests with ties to the University namely, Daniel Management Center participants, University Foundation boards, advisory boards, University board members, athletic recruits, prospective students /scholarship recipients and their parents visiting the campus, new students and their parents on campus for orientation, visitors to university academic departments, alumni attending special events at USC and participants in conferences and continuing education programs other than Daniel Management Center.
The goal of the inn operation is to achieve an annual occupancy rate of 70%, or 29,894 room nights per year. The following utilization projections summarize the source of these room nights. The DOJ will guarantee 80 rooms a night, four to five nights a week for 48 weeks a year. The current estimate of 17,280 rooms a year (80 X 4.5 X 48) is expected to increase. The new DOJ Information Technology Education Center (ITEC) now open expands training seats by 200 which will require additional housing needs. In addition, affiliated DOJ organizations are expected to increase the need for DOJ associated housing significantly. A rough estimate of these needs would be 1800 rooms (20 rooms a night four to five nights a week for 20 weeks a year). The Daniel Management center, based on past hotel usage, projects it will use 3,000 to 3,500 room nights a year. New programming may require additional rooms. The other university uses described above are expected to average approximately 15 rooms per night, for a total of 5,475 rooms a year.
Any major change in this utilization pattern will require review and modification of the PUD zoning ordinance by City Council. Inn utilization reports will be provided periodically to the UNA president or at his or her request.
The Inn at USC will be a non-commercial inn to the extent that: it will not have a hotel flag (be listed in the reservation database of a commercial hotel chain), it will not be listed on commercial websites for hotel reservations (e.g. expedia.com, travelocity.com,) nor will it be listed in commercial publications (e.g. Wall Street Journal, New York Times). The Inn will maintain its own website for guest reservations and will be linked to internal USC groups to serve the USC guest groupings set forth above.
USC’s practice is to honor all invoices for actual and reasonable costs for lodging expenses incurred by approved guests of USC who are to be reimbursed by USC while staying in Columbia. This practice will be maintained and reimbursement will be given to guests who choose to stay at other lodging facilities even when a room is available at the inn.
Upon expiration of the lease between USCDF and the developer, the Inn facility and all improvements thereto will become the property of the USCDF.
At no time will the inn facility be used for undergraduate student housing.
(2) Kirkland Apartments
The USCDF will lease the Kirkland Apartments (1611 Pendleton St.) to the DOJ until April 1, 2023 at $1.00 per year provided that the building is renovated at the expense of the DOJ. Renovations of the Kirkland must be completed within two years of the approval of the PUD rezoning for the 1600 block of Pendleton Street. Any DOJ Commitments are subject to the availability of federal appropriations.
The DOJ may use the Kirkland Apartments to meet its needs for longer-term residential occupancy or other programmatic needs as determined by DOJ. The Kirkland Apartments will operate as a stand-alone facility. DOJ will be responsible for all maintenance and upkeep of the Kirkland Apartments as long as DOJ operates the building under lease from USCDF.
Upon expiration of the lease between USCDF and the DOJ, the Kirkland Apartments and all improvements thereto will become the property of the USCDF.
At no time will the Kirkland Apartments be used for undergraduate student housing.
(3) Traffic and Parking
Minimal surface parking on the inn facility site will be located behind the Inn. Most parking requirements for guest and employees of the inn will be met by utilizing the exiting USC parking decks on Senate and on Pendleton Streets, as well as such perimeter parking lots as may be established by USC.
The parking deck fronting the 1600 block of Senate St. (adjacent to the parcel owned by USCDF) will be reconfigured by USC so that all vehicular ingress and egress to the parking structure will be from Pickens St. Similarly, the site layout for the inn facility will place all vehicular ingress and egress from Pickens St.
There will be no curb cuts on the 1600 blocks of Pendleton St. or on the 1000 block of Henderson St. to the inn site or the parking deck except that which is required by the City Fire Marshall, and then only for use by emergency response vehicles. The pick-up and drop-off point for trolleys and airport-shuttle buses will be recessed off Pendleton St. in front of DOJ. The parties will seek to alleviate the pedestrian and vehicular traffic conflicts at the intersection of Pickens and Pendleton Streets. USDF will landscape the median in the 1600 block of Senate Street in a manner similar to the landscaping done by Bell South in the 1700 block median and by the resident in the 1800 block median.
(4) 1700 and 1800 Blocks of Pendleton
The historic cottage at 1629 Pendleton St. will be moved by USCDF to the lot at 1707 Pendleton St. (or 1719 Pendleton if this is deemed by USCDF to be more appropriate). Upon approval of the USC Board of Trustees and the SC Budget and Control Board, both the 1707 and the 1719 lots will be marketed for sale to private owners for single-family residential use as soon as the PUD is approved. The surface parking lots at 1707 and 1719 Pendleton St. will be closed no later than December 31, 2004.
USC will identify options for relocating the Psychological Services Center located at 1819 Pendleton St., and the Center will be relocated within two years of the approval of the PUD zoning ordinance. At that time, upon approval of the USC Board of Trustees and the SC Budget and Control Board, the building at 1819 Pendleton St. will be marketed for sale to private owners for single-family residential use.
Pending the permanent relocation of the Psychological Services, USC will proceed in the near term to make the following modifications to 1819 Pendleton St.: clean up the landscaping; restrict parking to employees and clients of the Psychological Services; and install a gate in the porte cochere to prevent parking by students and the general public behind the building at night and on weekends.
Good Faith Obligation
Should this option for development be selected, the parties shall proceed in good faith to develop and implement the plans contemplated herein.
In witness whereof the parties have hereunto set their hands and seals upon the date first written above.
Witnesses:
University of South Carolina
____________________________________ By:_________________________________
Andrew A. Sorensen, President University of South Carolina
____________________________________ By;________________________________
Susie H. VanHuss,
Executive Director of Foundations,
USC Development Foundation
University Hill Neighborhood Association
By:_____________________________
John Stucker, President
University Hill Neighborhood Association
National Advocacy Center
_____________________________________ By: _____________________________
Michael W. Bailie, Director
City of Columbia
____________________________________ By:_________________________________
ADDENDUM TO
COOPERATIVE AGREEMENT
July 9, 2003
The Bicentennial Master Plan, adopted by USC in 1994, stated the following:
The Master Plan proposes to direct future land acquisition and expansion of the campus to the areas to the south, southwest, and west. As a policy, expansion is not planned to the north or the east to ensure the continued and improved vitality of neighboring residential, commercial and historic areas of Columbia.
In accordance with this policy, USC, USCDF, UNA, and the City will work together to establish agreements for the long-term use of the two other major parcels of land owned by USC and USCDF in the University Hill Neighborhood. This process will begin immediately following approval of the PUD Plan for the 1600 block of Pendleton St.
College-Barnwell-Greene-Henderson Block: The parties will evaluate options for restoring this block to residential land use (single family and multi-family) in accordance with the University Architectural Conservation District requirements that govern this block. In addition, the parties will evaluate options for restoring the Carolyn LeConte Gibbes garden at the center of this block for use by USC and the neighborhood.
Devine-Barnwell-Blossom-Henderson Block: The parties will evaluate options for the use of the former Women’s Club property as a community resource or it’s sale to private owners. In the interim, USC and USCDF agree to keep the chains up on the curb cuts off Henderson Street to prevent illegal parking on the site, to maintain the landscaping on the grounds, and to make the appropriate requests through City channels when there is need for special parking on the site.
In addition to addressing these two specific parcels, the USCDF and USC agree to adhere to the USC Master Plan policy regarding development in the University Hill Neighborhood. This provision specifically excludes “pass-through” donation property provided that parcels currently zoned residential will be resold to the private sector for residential use.
Representatives of UNA will meet periodically with the USC Board of Trustees and the USCDF Board to discuss safety, land use, and other matters of mutual interest in the University Hill Neighborhood. Representatives of the UNA will be notified whenever revisions of the Master Plan are undertaken within their neighborhood and they will be invited to participate in this revision process.
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