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File #: 12378    Version: 1 Name: Mallards Lease
Type: Resolution Status: Passed
File created: 10/20/2008 In control: BOARD OF PARK COMMISSIONERS
On agenda: 1/6/2009 Final action: 1/6/2009
Enactment date: Enactment #: RES-09-00018
Title: Approving new ten-year lease agreement between the City and the Mallards for use of Warner Park Stadium, approving agreement to fund improvements to Warner Park Stadium, and authorizing design expenditures.
Sponsors: David J. Cieslewicz, Satya V. Rhodes-Conway, Michael Schumacher
Attachments: 1. Warner Park Improvements Agmt.pdf, 2. Mallards Use Agreement.pdf, 3. 12378 Registration Stmt.pdf, 4. 12378 Registration Stmt 2.pdf
Fiscal Note
The Use Agreement provides that the Mallards will pay the City a $50,000 annual fee for use of the ballpark in the Year 2010.  This amount is to increase annually, reaching a total of $65,238 in the Year 2019.
 
The Agreement to Undertake Improvements to Warner Park Stadium requires that the Common Council "shall have approved capital funding of the Project in an amount not to exceed Eight Hundred Thousand Dollars ($800,000)".  The Agreement also provides that the "Mallards and Guarantor shall have funds available for the Project, in an amount not less than $1,400,000, and have provided the City with the Letter of Credit in that amount to secure receipt of those funds".  Both of those conditions are anticipated by Board of Estimates 2009 Capital Budget Amendment No. 1.  This amendment reauthorizes $800,000 of General Obligation Debt, and also recognizes $1,500,000 of private funding for the Warner Park Stadium Project.  Adoption by the full Council of the 2009 Capital Budget as amended would therefore meet the City's financial obligations.
Title
Approving new ten-year lease agreement between the City and the Mallards for use of Warner Park Stadium, approving agreement to fund improvements to Warner Park Stadium, and authorizing design expenditures.
Body
WHEREAS, the Madison Mallards, LLC (Mallards) has operated a summer collegiate baseball team in Madison, Wisconsin, at the City's Warner Park Stadium (Stadium); and
WHEREAS, the current use agreement with the Mallards expires in 2010; and
WHEREAS, the City and the Mallards desire to enter into a new use agreement for a ten-year term, with annual rent to start at $50,000 and to increase annually; and
WHEREAS, at the same time, the Mallards intend to make a contribution to the City of up to $1,400,000 to augment the City's appropriation of $800,000 for improvements to the stadium, which improvements may be done in phases; and
WHEREAS, the City previously engaged the firm of Eppstein Uhen Architects (EUA) to prepare conceptual design drawings for Warner Park Stadium, and due to the revised nature of the proposed improvements, additional and different drawings must be prepared, including detailed plans and specifications and construction management of the improvements; and
WHEREAS, the City has about $8,500 left on the original appropriation for a contract with EUA, and estimates that an additional $60,000 would be sufficient to complete all Design Team work, with these costs to be split between the City and the Mallards: and
WHEREAS, the Common Council of the City of Madison finds that entering into the new use agreement and funding the construction improvements to the stadium and entering into a revised agreement with EUA are in the public interest and in the best interests of the City of Madison.  
NOW, THEREFORE, BE IT RESOLVED:
1.      That the Common Council of the City of Madison approves and authorizes the entry into a new use agreement between the City and the Mallards, and a new agreement to fund improvements to Warner Park Stadium between the City and the Mallards, which agreements are to be substantially in the form attached to this resolution.
2      That the Mayor and City Clerk are authorized to sign the agreements on behalf of the City of Madison.  
3.      That, as contemplated in these agreements, the Mayor and City Clerk are authorized to enter into an amended agreement or a new agreement with EUA as the Design team for the improvements, in an amount not to exceed an additional sixty thousand dollars ($60,000), to be shared equally with the Mallards.
4.      That the final form of the agreements are subject to the approval of the City Attorney.