City of Madison - File #: 07753

• File #: 07753
• Version: 2
• Name: To amend the Ground Lease Agreement between the City of Madison and Larry E. and Dolores A. Lichte to delete references to a 42 inch high, 2-rail, split-rail fence.
• Type: Resolution
• Status: Passed
• File created: 10/10/2007
• In control: BOARD OF PARK COMMISSIONERS
• On agenda: 1/8/2008
• Final action: 1/8/2008
• Enactment date: 1/9/2008
• Enactment #: RES-08-00009
• Title: SUBSTITUTE - Amending the Ground Lease Agreements between the City of Madison and Larry E. and Dolores A. Lichte and between the City of Madison and Polly O'Hare to delete references to a 42-inch high, 2-rail, split-rail fence, and to make other minor modifications.
• Sponsors: Mark Clear

Date	Ver.	Action By	Action	Result
1/8/2008	2	COMMON COUNCIL	Adopt	Pass
12/12/2007	2	BOARD OF PARK COMMISSIONERS
10/24/2007	1	LANDMARKS COMMISSION	Return to Lead with the Following Recommendation(s)	Pass
10/16/2007	1	BOARD OF PARK COMMISSIONERS	Refer
10/16/2007	1	COMMON COUNCIL	Refer	Pass
10/10/2007	1	Parks Division	Fiscal Note Required / Approval
10/10/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
10/10/2007	1	Parks Division	Referred for Introduction

Fiscal Note
This amendment removes the lessee's obligation to erect a fence. No appropriation is required.
Title
SUBSTITUTE - Amending the Ground Lease Agreements between the City of Madison and Larry E. and Dolores A. Lichte and between the City of Madison and Polly O'Hare to delete references to a 42-inch high, 2-rail, split-rail fence, and to make other minor modifications.
Body
On January 30, 1981, two Ground Lease Agreements were entered into between the City of Madison, a Wisconsin municipal corporation, (Lessor) and Larry E. and Dolores A. Lichte, husband wife, (Lessee) and recorded in Volume 2559, page 42 as Document #1696381 in the office of the Register of Deeds for Dane County, and between the City of Madison, a Wisconsin municipal corporation (Lessor) and Mary North O’Hare (Lessee), and recorded in Volume 2559, page 20 as Document #1696380 in the office of the Register of Deeds for Dane County, Wisconsin covering certain lands within the City of Madison and more particularly described in Certified Survey Map 3631 as filed in the office of the Register of Deeds for Dane County, Wisconsin.


Among the terms of those Ground Lease Agreements as found in Article VI - Obligations of Lessee, paragraph B. is the statement that

"Lessee shall assume the costs of erection, continued maintenance, repair and replacement of screening materials, the design, location, extend and type of which shall be mutually agreed upon by Lessor's Board of Park Commissioners and Landmarks Commission or other designated agent or successor and the Lessee. The Lessee shall, at a minimum, be required to erect and maintain a standard forty-two (42) inch high, 2-rail, split-rail fence more or less along the boundary between the parklands and the demised lands."

together with further references to consequences if the Lessee should "fail to erect said screening materials and" "repair" and "erection, repair".

WHEREAS, since the date of execution and recording of the above refe...