Fiscal Note
This substitute resolution is intended to specify variances in the final as-built project versus the planned project. No appropriation required.
Title
Amending Substitute Resolution 15-00525 Authorizing the Mayor and City Clerk to execute Subterranean and Air Space Leases with 25 West Main Parking LLC to change the definition of Leased Premises
Body
WHEREAS, on June 16, 2015, the Common Council approved Resolution 15-00525, File 38532, authorizing air and subterranean leases with 25 West Main Parking, LLC for real property located in the Carroll Street right of way (the “Resolution”); and
WHEREAS, the City and 25 West Main Parking, LLC executed said leases on September 24, 2015 (respectively, “Lease 1” and “Lease 2”, as may be collectively referred to as the “Leases”) for the purpose of accommodating air and subterranean building features; and
WHEREAS, the City and 25 West Main Parking, LLC also executed a quit claim deed on September 23, 2015, pursuant to RES-15-00531, File 38673, conveying to 25 West Main Parking, LLC the subterranean rights for a portion of Carroll Street right-of-way for purpose of construction a parking ramp structure, the size and location of which is shown on Exhibit A; and
WHEREAS, the definition of Leased Premises in Lease 1, specified an area of subterranean space, but did not include said parking ramp structure; and
WHEREAS, the final build of the parking ramp is approximately one inch higher than anticipated, as shown on Exhibit B and Lease 1 needs to be amended to account for the minor encroachment of the parking ramp structure; and
WHEREAS, the intent of this amendment to the Resolution is to account for variances in the final as-built project versus the planned project.
NOW THEREFORE BE IT RESOLVED, that the Resolution is hereby amended to change the definition of “Leased Premises” in paragraph 1, to add the follow sentences to the end of the paragraph: “The Leased Premises shall also include any encroachment...
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