City of Madison, Wisconsin | Legislative Information Center
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File #: 56289    Version: 1 Name: 11607 - 444 S Park St Rockhound Patio - Lanes LLC
Type: Resolution Status: Passed
File created: 6/11/2019 In control: BOARD OF PUBLIC WORKS
On agenda: 7/2/2019 Final action: 7/2/2019
Enactment date: 7/5/2019 Enactment #: RES-19-00495
Title: Authorizing the City’s execution of a Maintenance Agreement with Lanes, LLC for the use of a portion of the Drake Street right-of-way for the ongoing maintenance of a patio and associated patio improvements to support an outdoor cafe adjacent to the property located at 444 S. Park Street, as well as the City’s acceptance of ownership of said patio improvements. (13th AD)
Sponsors: Tag Evers
Attachments: 1. Locator_Map.pdf, 2. 11607_Maintenance_Agreement_Exhibit_A.pdf
Fiscal Note
The proposed resolution authorizes the execution of a maintenance agreement with Lanes, LLC for the ongoing maintenance of a patio and associated improvements to support an outdoor cafe and the City’s acceptance of ownership of the patio improvements. An administrative fee of $500 will be paid to the City and deposited in General Fund Revenues. No appropriation is required.

Title
Authorizing the City’s execution of a Maintenance Agreement with Lanes, LLC for the use of a portion of the Drake Street right-of-way for the ongoing maintenance of a patio and associated patio improvements to support an outdoor cafe adjacent to the property located at 444 S. Park Street, as well as the City’s acceptance of ownership of said patio improvements. (13th AD)
Body
WHEREAS, Lanes, LLC (“Owner”) is the owner of the property located at 444 S. Park Street, in the City of Madison, Dane County, Wisconsin (“Property”); and

WHEREAS, the Owner desires to construct improvements to support an outdoor cafe (“Improvements”) in the Drake Street right-of-way, adjacent to the Property, as illustrated on attached Exhibit A (“Maintenance Area”); and

WHEREAS, various City of Madison (“City”) agencies have reviewed the Owner’s request and support the installation of Improvements to support an outdoor cafe if ownership of the Improvements is transferred to the City after installation, in exchange for maintenance of the Improvements by the Owner, as approved by the City’s Common Council, and memorialized in a Maintenance Agreement (“Agreement”).

NOW, THEREFORE, City and the Owner enter into this Agreement, subject to the following obligations, which are assumed by the Owner, its heirs, successors and assigns:

1. To comply with all applicable Madison General Ordinances (“MGO”).

2. Removal. Within the first ten (10) years of this Agreement, if the City needs the right-of-way for a public purpose, or if the Improvements are no longer being used for cafe, the Owner agrees to re...

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