Madison, WI Header
File #: 10453    Version: 1 Name: 8883 Air Space Lease SSM Health Care
Type: Resolution Status: Passed
File created: 5/13/2008 In control: BOARD OF PUBLIC WORKS
On agenda: 5/20/2008 Final action: 7/1/2008
Enactment date: 7/2/2008 Enactment #: RES-08-00684
Title: Authorizing the Mayor and City Clerk to execute an air space lease with SSM Health Care of Wisconsin, Inc. for use of the public right-of-way over South Brooks Street for an existing enclosed pedestrian skywalk connecting St. Mary’s Hospital buildings.
Sponsors: Julia S. Kerr
Attachments: 1. 8883 Exhibit A.pdf
Fiscal Note
Initial annual rent of $750 will be deposited into the General Fund. Rent shall increase by $250 every five years.
Title
Authorizing the Mayor and City Clerk to execute an air space lease with SSM Health Care of Wisconsin, Inc. for use of the public right-of-way over South Brooks Street for an existing enclosed pedestrian skywalk connecting St. Mary’s Hospital buildings.
Body
WHEREAS, SSM Health Care of Wisconsin, Inc. (“SSM”) is the owner of 707 South Mills Street in the City of Madison, and such property is improved with a building commonly known as St. Marys Hospital; and

WHEREAS, St. Marys Hospital Campus Condominium Owners Association, Inc., a Wisconsin non-stock corporation (the “Association”) is the manager of property located at 700 South Park Street, and such property is improved with a building commonly known as the Dean and St. Marys Outpatient Center; and

WHEREAS, 707 South Mills Street and 700 South Park Street are hereinafter collectively referred to as the “Abutting Properties” (singularly, an “Abutting Property”) and the buildings located thereon are hereinafter collectively referred to as the “Buildings”; and

WHEREAS, SSM has constructed an enclosed pedestrian skywalk (“Skywalk”) over the South Brooks Street public right of way connecting the Buildings; and

WHEREAS, the City and SSM desire to enter into a lease for the air space over the South Brooks Street public right of way occupied by the Skywalk, and the Association and the Owner of Unit 1 of the St. Marys Hospital Condominium (the "Owner") desire to consent to such lease to signify their consent to the attachment of the Skywalk to their property; and

WHEREAS, the lease of the necessary air space over public right of way is in accordance with Wisconsin Statutes Section 66.0915(4).

NOW, THEREFORE, it is mutually agreed as follows:

1. The City shall lease to SSM certain air space over the South Brooks Street public right-of-way (the "Leased Premises") for the construction...

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