Fiscal Note
No City appropriation required.
Title
Authorizing the City’s execution of a Maintenance Agreement with 121-123 East Main Street Limited Partnership for patio improvements located in the E. Main Street right-of-way adjacent to the property located at 121-123 E. Main Street, and the City’s acceptance of ownership of the improvements in exchange for the ongoing maintenance of the improvements by the adjacent property owner or designee (District 4).
Body
WHEREAS, the property located at 121-123 E. Main Street in the City of Madison, Dane County, Wisconsin (“Property”) is owned by 121-123 East Main Street Limited Partnership (“Owner”); and
WHEREAS, the Owner constructed patio improvements adjacent to the Property in the E. Main Street right-of-way, consisting of eight (8) tables, a chain link fence supported by nine (9) posts, and decorative pavers (“Improvements”) to support an outdoor café, as depicted in attached Exhibit A of the Maintenance Agreement (“Agreement”) attached hereto; and
WHEREAS, the Improvements are allowed in the public right-of-way by that certain Lease, recorded as Document No. 2519090 on September 21,1993, amended by that certain First Amendment to Lease, recorded as Document No. 3235367 on July 27, 2000; and
WHEREAS, the Lease terminated on December 31, 2018 and is has been in a month-to-month hold over status upon the same terms and conditions of the Lease, as amended; and
WHEREAS, the Owner desires to continue the operation of a café on the Improvements in the public right-of-way, and the City conditionally supports this request provided the Owner enters into the no-fee Agreement with the City, together with securing and paying for a Sidewalk Café License each season for the use of the Improvements; and
WHEREAS, as a condition of this Agreement, ownership of the Improvements will be transferred to the City, in exchange for the ongoing maintenance of the Improvements by the Owner.
NOW, THEREFORE, City and the Owner ente...
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