Fiscal Note
The proposed resolution authorizes the First Amendment to the Yahara Hills Golf Course Ground and Maintenance Facility Leases, future easements for the landfill, and a future stormwater agreement. Under the Lease Amendments, the Yahara Golf Course is authorized to operate 36 holes of golf through October 31, 2025 or the start of construction of the Sustainability Campus, and 18 holes of golf through 2042, which lease amendment will allow for increased revenue at Yahara Golf Course in 2025. The City’s future granting of easement rights to the County as part of the agreement is part of the consideration provided to secure this Amendment, and no fees or costs will be required as a condition of the easements. No additional appropriation is required.
Title
Authorizing the City to Execute the First Amendment to Lease Agreements, Future Easements and a Stormwater Agreement with Dane County Pertaining to Yahara Hills Golf Course and the Future Landfill. (District 16)
Body
WHEREAS, on February 27, 2023, consistent with the terms of the Sustainability Campus and Landfill Development Agreement entered into between the City and the County (the “Parties”), the County purchased 231.28 acres of real estate from the City. The property in question, which has the addresses of 7103 Millpond Rd. and 4402 Brandt Rd. in the City of Madison (hereinafter “the Property”), was a portion of the City’s Yahara Hills Golf Course (the “Course”); and,
WHEREAS, as a condition of the sale of the Property, the Parties entered into two leases, the “Ground Lease-Yahara Hills Golf Course” (the “Ground Lease”) and the “Lease-Yahara Hills Golf Course Maintenance Facility” (the “Maintenance Facility Lease”), under which the City would be authorized to maintain certain golf course operations on the Property for a specified period of time, subject to the terms and conditions of the respective leases. Under the Ground Lease, the City is authorized to continue operating 36-holes through Oct. 31, 2024, and 27-holes through October 31, 2025; and,
WHEREAS, the City has additional needs to install irrigation equipment within the Property along with a need for continued access over the Property to access the Course, during the term of the Ground Lease; and,
WHEREAS, the County has an additional need for certain improvements within the Property, along with easements from the City over the City’s remaining lands used for the Course to accommodate certain improvements required for the development and operation of the landfill; and,
WHEREAS, the City and the County have a mutual need to enter into an agreement pertaining to the stormwater at the Property and the Course, specifically the surface water drainage from the future landfill, compost site and sustainable business park (the “Sustainability Campus”) onto the Course; and,
WHEREAS, given the development progress of Sustainability Campus on the Property, and the needs of the City and the County as noted herein, the Parties are agreeable to making certain amendments to the Ground Lease and the Maintenance Facility Lease (collectively, the “Leases”), along with the granting of future easements necessary for the future landfill and entering into a stormwater agreement pertaining to the Course and the Property.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute the First Amendment to Lease Agreements with Dane County pertaining to Yahara Hills Golf Course Ground and Maintenance Facility Leases, on terms consistent with the First Amendment attached hereto and in a format approved by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute future easements over the Course giving Dane County the authority to make certain improvements required for the development and operation of the future landfill, on terms approved by the Parks Superintendent or designee, and in a format approved by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to enter into a stormwater agreement with Dane County pertaining to the surface water drainage from the Sustainability Campus to the Course, on terms approved by the Parks Superintendent or designee, and in a format approved by the City Attorney.
BE IT FINALLY RESOLVED that the Mayor and City Clerk, or the Parks Superintendent, shall be authorized to take any further action required to accomplish the purpose of this resolution and the First Amendment to Lease Agreements, as necessary, in a format approved by the City Attorney.