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Council approves $2 million for Edward Waters University track after lengthy debate over community access, term and recording of use agreement
Summary
After hours of debate on community access windows, term length and whether a use agreement should run with the land, the Neighborhoods Committee approved a $2 million city contribution toward a $4 million track project at Edward Waters University with a 10‑year renewable use term, reporting and clawback protections, and a construction completion target.
The committee approved legislation (2026-0336) to provide $2 million in city funds toward a proposed $4 million track improvement project at Edward Waters University (EWU) after extended debate over how to protect public access.
Key terms approved by the committee include: - City contribution: $2,000,000 restricted to planning, design, permitting, site preparation, construction and related costs for the track improvements (not the proposed residence hall). - Project completion deadline: committee amended the schedule; the agreed completion/repayment trigger date is December 31, 2028. The auditor’s recommended repayment/clawback mechanism remains if the project is not completed within the agreed timeframe. - Community access: EWU committed to public access windows (proposed in the redline) including morning and evening weekday windows and a Sunday afternoon block; the use agreement requires a minimum number of university-led community wellness/public events (committee increased the floor to six events) and reporting on utilization. - Term and protectiveness: OGC and outside counsel advised a 20-year or perpetual recorded covenant best protects public-purpose and prevents the use rights from being lost by property transfer. EWU proposed a 10-year use agreement. The committee settled on a 10-year term with one-year automatic renewals unless terminated by the city, and added language that city termination must come to council for approval — a condition intended to preserve long-term public access while addressing EWU’s financing concerns. - Recording: the committee debated whether the use agreement should be recorded and run with title. OGC and counsel advised recording would protect the city’s public-use rights if property ownership changes; some members and EWU expressed concern that recording could complicate future financing. After discussion the committee removed a mandatory-recordation clause from the auditor’s recommended amendments but retained other protections (clawback, reporting, enforcement remedies, and the ability for the city to require subordination or to negotiate with lenders).
OGC counsel John Sawyer explained the legal rationale for recording a restrictive covenant to keep the public-use obligation tied to the land (protecting access if the property is conveyed or a special-purpose entity is used), while EWU representatives (attorney Jason Gabriel and chief of staff LS Narcissis) argued a shorter term and limited recording obligation would be more appropriate to preserve EWU’s ability to raise private capital. EWU also emphasized its long community presence and affirmed intent to provide the agreed public-access hours and events.
The committee ultimately approved the package — including the auditor-recommended protections as amended in committee (10-year term with automatic renewals, December 31, 2028 completion date, clawback provisions, increased community events and reporting requirements, and removal of the mandatory recording clause) — and the bill passed in committee.
