City of Madison - File #: 22812

• File #: 22812
• Version: 1
• Name: 9364 Air Space Lease - UW - Chazen
• Type: Resolution
• Status: Passed
• File created: 6/10/2011
• In control: PLAN COMMISSION
• On agenda: 8/2/2011
• Final action: 8/2/2011
• Enactment date: 8/5/2011
• Enactment #: RES-11-00686
• Title: Authorizing the Mayor and City Clerk to execute an air space lease with the Board of Regents of the University of Wisconsin System for use of the public right-of-way over East Campus Mall for an enclosed elevated gallery connecting two buildings comprising the Chazen Museum of Art.
• Sponsors: Scott J. Resnick

Date	Ver.	Action By	Action	Result
8/2/2011	1	COMMON COUNCIL	Adopt	Pass
7/20/2011	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
7/11/2011	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
6/21/2011	1	BOARD OF PUBLIC WORKS	Referred
6/21/2011	1	COMMON COUNCIL	Referred
6/10/2011	1	Economic Development Division	Referred for Introduction

Fiscal Note
No expenditure is required.
Title
Authorizing the Mayor and City Clerk to execute an air space lease with the Board of Regents of the University of Wisconsin System for use of the public right-of-way over East Campus Mall for an enclosed elevated gallery connecting two buildings comprising the Chazen Museum of Art.
Body
WHEREAS, the Board of Regents of the University of Wisconsin System (“UW”) is the owner of certain real property located at 800 University Avenue and 419-433 East Campus Mall in the City of Madison (collectively, the “Abutting Properties”); and

WHEREAS, the Abutting Properties are improved with two buildings (the “Buildings”) that are collectively commonly known as the Chazen Museum of Art; and

WHEREAS, the UW is constructing an enclosed elevated gallery (“Gallery”) over the East Campus Mall public right of way connecting the Buildings; and

WHEREAS, the City and the UW desire to enter into a lease for the air space over the East Campus Mall public right of way to be occupied by the Gallery; 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 the UW certain air space over the East Campus Mall public right-of-way (the "Leased Premises") for the construction, maintenance and operation of the Gallery connecting the Buildings. The Leased Premises and Abutting Properties are described on attached Exhibits A and B, respectively, and the site plan and elevations for the Gallery are depicted on attached Exhibit C.

2. The Lease shall be for a term of ninety-nine (99) years. The Lease shall commence as of January 1, 2011 (the “Effective Date”) and expire on December 31, 2109. The term “Lease Year” shall mean a full one (1) year period. The first Lease Year shall begin on the Effective Date. Each succeeding Lease Year shall begin on the anniversary of the Effective Date.

3. ...