City of Madison - File #: 47683

• File #: 47683
• Version: 1
• Name: 8279 Garver Homburg Top Soil License
• Type: Resolution
• Status: Passed
• File created: 6/14/2017
• In control: FINANCE COMMITTEE
• On agenda: 7/11/2017
• Final action: 7/11/2017
• Enactment date: 7/18/2017
• Enactment #: RES-17-00586
• Title: Authorizing a license between the City and Homburg Contractors, Inc. to deposit up to nine thousand (9,000) cubic yards of top soil on the “North Plat” in Olbrich Park, as a part of the redevelopment of the Garver Feed Mill.
• Sponsors: Marsha A. Rummel

Date	Ver.	Action By	Action	Result
7/12/2017	1	BOARD OF PARK COMMISSIONERS	Return to Lead with the Recommendation for Approval	Pass
7/11/2017	1	COMMON COUNCIL	Adopt	Pass
6/26/2017	1	FINANCE COMMITTEE	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
6/20/2017	1	FINANCE COMMITTEE	Refer
6/20/2017	1	COMMON COUNCIL	Refer	Pass
6/14/2017	1	Economic Development Division	Referred for Introduction

Fiscal Note
No fiscal impact.
Title
Authorizing a license between the City and Homburg Contractors, Inc. to deposit up to nine thousand (9,000) cubic yards of top soil on the “North Plat” in Olbrich Park, as a part of the redevelopment of the Garver Feed Mill.
Body
WHEREAS, as part of the redevelopment of the Garver Feed Mill and surrounding site shown on Attachment 1 (“Property”), Garver Feed Mill, LLC (“Developer”) will engage Homburg Contractors, Inc. as its excavator (“Licensee”) for the Property; and

WHEREAS, the final grading and restoration of the site will require clean cap material and clean top soil to cap the contaminated soil as part of a remediation plan with the Wisconsin Department of Natural Resources (“WDNR”); and

WHEREAS, prior to commencing the redevelopment on the site, the Developer is proposing to allow Licensee to deposit up to nine thousand (9,000) cubic yards of excess clean top soil on the Premises, defined below, from another project at no cost to the City; and

WHEREAS, having this clean top soil on the site will help reduce future costs associated with the remediation; and

WHEREAS, the City is willing to accept said clean top soil, provided that it does not contain any and all known and unknown environmental contaminants; and

WHEREAS, the City will retain ownership of the clean top soil should the Developer not commence the redevelopment;

NOW, THEREFORE, BE IT RESOLVED, the Common Council authorizes the Mayor and City Clerk to execute a license with Licensee to deposit up to nine thousand cubic yards of clean top soil on the North Plat on substantially the following terms:

1. Premises: See Attachment 2.

2. Term: This License shall be for the shorter of either: a term of one year commencing on the Effective Date, which shall be the date of the last signature by the City, except as otherwise provided herein; or such time as the Developer executes a ground lease for the Property as part of the redevelopment of the Pr...