City of Madison - File #: 56289

• 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

Date	Ver.	Action By	Action	Result
7/2/2019	1	COMMON COUNCIL	Adopt	Pass
6/24/2019	1	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
6/19/2019	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
6/19/2019	1	BOARD OF PUBLIC WORKS	Referred
6/18/2019	1	COMMON COUNCIL	Refer	Pass
6/11/2019	1	Economic Development Division	Referred for Introduction

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...