Fiscal Note
During lease years 1-5, annual rent of $1,500 will be deposited into the General Fund (Acct. No. GN01-78220). Rent is subject to increase every five (5) years thereafter.
Title
Authorizing the Mayor and City Clerk to execute a lease with Camp Randall Rowing Club, Inc. for the Brittingham Boathouse located at 617 North Shore Drive.
Body
PREAMBLE
In 2001, Camp Randall Rowing Club, Inc. (the "Club") began negotiations with the Parks Division to restore, renovate and relocate the Brittingham Boathouse (the "Boathouse") onto a new foundation within Brittingham Park, approximately 250 feet south of its original location. On February 18, 2003 the Common Council adopted Resolution ID #33269 that, among other things, found that it was in the public interest to improve the Boathouse and thereby enhance citizens' use and enjoyment of Brittingham Park. The resolution contemplated that after the relocation and renovation of the Boathouse, the Club would enter into a long-term lease with the City for non-exclusive use of the Boathouse.
The Club has expended significant time and effort raising public and private funds, coordinating the restoration and promoting community-wide support for the Boathouse renovation, without which the project would not have occurred. The relocation of the Boathouse was completed in February 2006; however, certain interior construction work remains to be completed, including, but not limited to the installation of a HVAC system, installation of a plumbing system and fixtures, and historic preservation work. The Parks Division and the Club have agreed to work together and cooperate in such interior construction work and the raising of funds.
NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk are authorized to execute a lease with Camp Randall Rowing Club, Inc. (the "Club") for the Brittingham Boathouse located at 617 North Shore Drive (the "Boathouse"), subject to the following terms and conditions:
1. The "Leased Premises" are defined as the Boathouse, together with a fuel storage facility located in proximity to the Boathouse, the adjacent Monona Bay shoreline, and the nonexclusive use in common with others entitled thereto of the "Common Areas" described in Paragraph 6. The Leased Premises are located on the following described parcel within Brittingham Park (the "Property"):
A parcel of land located in part of the NE ¼ of the SE ¼ and in part of the NW ¼ of the SE ¼, Section 23, T7N, R9E, City of Madison, Dane County, Wisconsin, more particularly described as follows:
Beginning at the intersection of the southeasterly elongation of the northeasterly right of way line of South Bedford Street with the southeasterly right of way line of North Shore Drive; thence continuing southeasterly along said southeasterly elongation of the northeasterly right of way line of South Bedford Street to the northwesterly shoreline of Lake Monona (Monona Bay); thence southwesterly along said northwesterly shoreline of Lake Monona to the northeasterly right of way line of the State of Wisconsin-owned railroad right of way (formerly the Chicago, Milwaukee, St. Paul and Pacific Railroad); thence northwesterly along said northeasterly railroad right of way line to said southeasterly right of way line of North Shore Drive; thence northeasterly along said southeasterly right of way line of North Shore Drive to the point of beginning.
2. The lease shall be for a term of 25 years, commencing as of January 1, 2008 (the "Effective Date") and expiring on December 31, 2032.
3. The Club shall pay to the City annual rent at the rates set forth below:
Lease Years Annual Rent
1-5 $1,500
6-10 1,823
11-15 2,216
16-20 2,694
21-25 3,274
Notwithstanding the foregoing, until such time as the interior construction work is completed, including, but not limited to the installation of the HVAC systems, installation of the plumbing system and fixtures, and adequate heat for winter training programs in the Boathouse, annual rent payable by the Club, as set forth above, shall be discounted by 60%.
4. The lease may be renewed for 3 subsequent 5-year terms upon agreement of the parties. If the Club desires to renew the lease, the Club must give notice in writing to the City a minimum of 90 days prior to the expiration of the initial term or any renewal term. Annual rent during the renewal terms shall be as set forth below:
Lease Years Annual Rent
26-30 $3,980
31-35 4,838
36-40 5,880
5. The Club shall use the Leased Premises for the maintenance and operation of a rowing club facility and a fuel storage facility and activities related thereto. The Club will organize and offer community-wide rowing at the Leased Premises, including programs in partnership with the University of Wisconsin-Madison and the Madison School-Community Recreation Program (MSCR), and other users as may be approved by the City's Park Superintendent; will actively participate in amateur competitive rowing; will promote regattas and rowing contests; and will promote education programs in the techniques and skills of competitive rowing. The permitted hours of use of shall coincide with the hours that Brittingham Park is open for the public, except that the Club may remove, return or store rowing equipment and begin or conclude "Rowing Events" at any reasonable time. The term "Rowing Events" is defined as periods of use by the Lessee for practices or programs, use by the UW Crew Team for practices or programs, or use by other authorized rowing programs or for other authorized rowing events.
6. The Club, its members, agents, invitees, suppliers, licensees, sublessees, and contractors shall have the non-exclusive right to use, in common with the general public, on a first-come, first-use basis, the "Common Areas" located on the Property. The term "Common Areas" is defined as the grounds, sidewalks, parking lot, trails, open areas, and all other areas or improvements on the Property which may be provided by the City for use by the public, but specifically excluding the "Floating Dock System" owned and installed by the Lessee in accordance with Paragraph 8. The City's Parks Division, in consultation with the Lessee, reserves the right to locate in the Common Areas a minimum of eight (8) individual exterior boat storage spaces for rental by members of the general public not affiliated with the Lessee. The City shall be responsible for the rental of the exterior boat storage space and for maintaining and repairing the Common Areas.
7. Significant interior construction work remains to be completed in the Boathouse, including, but not limited to the installation of a HVAC system, installation of a plumbing system and fixtures, and historic preservation work. The parties agree to work together and cooperate in such interior construction work and the raising of funds.
8. The Club shall equip the Leased Premises with all trade fixtures, furnishings, special equipment, shelving and other items of personal property necessary for the use of the Leased Premises by the Club and the proper and efficient operation of the Club's operations, including the installation of a boat storage rack system in the Boathouse and the installation of a floating dock system and gangway (the "Floating Dock System") in Monona Bay adjacent to the Leased Premises. The Club shall install the Floating Dock System no later than May 30 of each year, shall remove it before Lake Monona freezes each year, and shall be permitted to store it on the Brittingham Park shoreline during the winter months at a location to be approved by the City's Park Superintendent.
9. The Club shall allow public access to the Floating Dock System for the recreational activities of the general public, except during Rowing Events. During Rowing Events, the Club and its invitees shall have exclusive use of the Floating Dock System. During Rowing Events the public's access to the Floating Dock for recreational activities will be limited only to the extent necessary to prevent interference with such Rowing Events. The Club shall be solely responsible for insurance for and maintenance and repair of the Floating Dock System.
10. The City shall keep the foundation; roof; electrical, plumbing and sewer systems; heating, ventilating and air conditioning system; exterior fixed and operable doors and door frames; window frames; windows and structural portions of the walls of the Boathouse in good condition and repair, shall repair the water infiltration problems and shall make any repairs/replacements required. The City shall also be responsible for lamp replacement of exterior light fixtures, replacement of broken window or door glass and for maintaining the parking lot and grounds, including, but not limited to landscaping, mowing, snow and ice removal, paving, and striping. The City shall also arrange and pay for refuse removal service and for the removal of graffiti from the Leased Premises. Other than the parking lot area, the City assumes no responsibility for snow and ice removal from the approaches to the Boathouse or the immediate doorway to the Boathouse. Notwithstanding the foregoing, the Club shall be responsible for the cost and expense of repairs/replacements required by reason of acts or omissions of the Club, the Club's sublessees, employees, agents, invitees, vendors, licensees or contractors.
11. Except as provided in Paragraph 10, the Club shall keep the Leased Premises and any fixtures, facilities or equipment contained therein, in good condition and repair and in a presentable condition consistent with good business practice and in a manner consistent with the preservation and protection of the general appearance and value of other premises in the immediate vicinity.
12. The Club shall be responsible for all charges for gas, heat, electricity, and telephone service used upon or furnished to the Leased Premises. At the request of the Club, the City of Madison Parks Division shall winterize and shut off water and heat service to the Boathouse during the winter months. The City shall be responsible for all charges for water, sewer, storm water and exterior lighting.
13. The Club shall indemnify the City and shall carry contractual liability insurance naming the City as an additional insured.
14. If within 25 years of the Effective Date, the lease is terminated due to damage, destruction, condemnation, or the City's need to use the Leased Premises for a public use or purpose, then in such event the City shall reimburse the Club for its unamortized share of the construction costs privately raised by the Club.
15. In all actions relating to the Leased Premises, the Club shall comply with all applicable provisions of Subchapter II, Historic Preservation, of Chapter 44, Wisconsin Statutes, and all federal laws and regulations applicable to properties listed on the National Register of Historic Places.