City of Madison - File #: 05523

• File #: 05523
• Version: 1
• Name: Authorizing the Mayor and City Clerk to execute an amendment to an existing lease with Russell C. and Marjorie A. Marty pertaining to lands located in Verona and Middleton Townships.
• Type: Resolution
• Status: Passed
• File created: 1/29/2007
• In control: BOARD OF ESTIMATES (ended 4/2017)
• On agenda: 3/20/2007
• Final action: 3/20/2007
• Enactment date: 3/21/2007
• Enactment #: RES-07-00324
• Title: Authorizing the Mayor and City Clerk to execute an amendment to an existing lease with Russell C. and Marjorie A. Marty pertaining to lands located in Verona and Middleton Townships.
• Sponsors: Zachariah Brandon

Date	Ver.	Action By	Action	Result
3/20/2007	1	COMMON COUNCIL	Adopt	Pass
3/12/2007	1	BOARD OF ESTIMATES (ended 4/2017)	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
3/7/2007	1	BOARD OF PUBLIC WORKS	Return to Lead with the Recommendation for Approval	Pass
2/19/2007	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
2/6/2007	1	COMMON COUNCIL	Refer
2/6/2007	1	BOARD OF ESTIMATES (ended 4/2017)	Refer
2/6/2007	1	BOARD OF ESTIMATES (ended 4/2017)	Refer
1/30/2007	1	Community and Economic Development Unit	Fiscal Note Required / Approval
1/30/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
1/30/2007	1	Community and Economic Development Unit	Referred for Introduction

Fiscal Note
This lease amendment results in a $200 reduction in the total annual rent payable by the City. Funds are available in Account No. ESTM-54510-562200.
Title
Authorizing the Mayor and City Clerk to execute an amendment to an existing lease with Russell C. and Marjorie A. Marty pertaining to lands located in Verona and Middleton Townships.
Body
WHEREAS, Russell C. Marty and Marjorie A Marty (collectively, the "Lessors") and the City of Madison ("City") are parties to a lease dated April 16, 2004 (the "Lease"), whereby the City leases from the Lessors two tracts of land totaling 3.375 acres (the "Leased Premises"); and

WHEREAS, the two tracts of land comprising the Leased Premises are referred to individually as "Leased Premises - Area 1" and "Leased Premises-Area 2"; and

WHEREAS, the Leased Premises are used for public stormwater drainage purposes; and

WHEREAS, the City has agreed to construct a grassed waterway through the site, and the City and the Lessors desire to amend the Lease to change the boundary and acreage of Leased Premises-Area 1 and to change the rent and use provisions of the Lease as applicable; and

WHEREAS, the boundary changes to Leased Premises-Area 1 shall reduce the acreage of the Leased Premises by 1.58 acres (i.e., from 3.375 to 1.795 acres); and

WHEREAS, the terms of an amendment to the Lease have been negotiated between the City's Engineering Division staff and the Lessors, and an amendment has been prepared by the Real Estate Section.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute an amendment to the lease dated April 16, 2004 (the "Lease") with Russell C. and Marjorie A. Marty (collectively, the "Lessors"), on the following terms and conditions:

1. The legal description of "Leased Premises-Area 1," which is attached to the Lease and hereto as "Exhibit A," shall be replaced with attached "Exhibit A-Revised 1/17/2007."

2. The locator map depicting the ent...