City of Madison - File #: 44582

• File #: 44582
• Version: 1
• Name: 11123 Lease - 10350 Rustling Birch Rd. Private Fountain
• Type: Resolution
• Status: Passed
• File created: 9/27/2016
• In control: PLAN COMMISSION
• On agenda: 11/1/2016
• Final action: 11/1/2016
• Enactment date: 11/2/2016
• Enactment #: RES-16-00811
• Title: Authorizing the execution of a lease with Grand Arbor Reserve, LLC allowing for the installation of a private fountain system within the Storm Water Utility parcel located at 10350 Rustling Birch Road.
• Sponsors: Paul E. Skidmore

Date	Ver.	Action By	Action	Result
11/1/2016	1	COMMON COUNCIL	Adopt	Pass
10/19/2016	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER
10/17/2016	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
10/4/2016	1	BOARD OF PUBLIC WORKS	Refer
10/4/2016	1	COMMON COUNCIL	Refer	Pass
9/27/2016	1	Economic Development Division	Referred for Introduction

Fiscal Note
The proposed resolution has no fiscal impact.
Title
Authorizing the execution of a lease with Grand Arbor Reserve, LLC allowing for the installation of a private fountain system within the Storm Water Utility parcel located at 10350 Rustling Birch Road.
Body
WHEREAS, Grand Arbor Reserve, LLC (the “Owner”) is the owner of property located at 10202 Rustling Birch Road, City of Madison (the “Abutting Property”); and

WHEREAS, the Abutting Property is adjacent to the City-owned parcel located at 10350 Rustling Birch Road, City of Madison (the “City’s Property”); and

WHEREAS, the City’s Property was dedicated in the plat of Birchwood Point for public stormwater management and storm sewer purposes; and

WHEREAS, the Owner desires to lease a portion of the City’s Property for the purpose of maintaining and operating a fountain within the wet detention basin located thereon, which use shall be ancillary to the Owner’s residential development on the Abutting Property.

WHEREAS, City of Madison Engineering Division staff have reviewed and approve of the lease arrangement.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute a lease (the “Lease”) with Grand Arbor Reserve, LLC (the “Lessee”), subject to the following terms and conditions:

1. The Lessee’s “Abutting Property” is described in attached Exhibit A. The “Leased Premises” are located on the City’s Property described in attached Exhibit B and are depicted on attached Exhibit C.

2. The term of the Lease shall be (5) years, subject to early termination pursuant to the terms of the Lease. The Lease will renew automatically for successive one (1) year terms under the same terms and conditions contained in the Lease, unless terminated earlier in accordance with the terms of the Lease. Notwithstanding the foregoing, the Lease shall be automatically renewed for no more than twenty (20) successive one (1) year terms.

3. The Lessee shall pay to the City annual rent of On...