City of Madison, Wisconsin | Legislative Information Center
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File #: 63445    Version: 1 Name: 12087 - Patio Maintenance Agreement for Sidewalk Cafe
Type: Resolution Status: Passed
File created: 12/16/2020 In control: Economic Development Division
On agenda: 1/19/2021 Final action: 1/19/2021
Enactment date: 1/25/2021 Enactment #: RES-21-00049
Title: Authorizing the City’s execution of a Maintenance Agreement with Suhr Building, LLC to allow the use of a portion of the Main Street right-of-way for permanent fencing that surrounds an outdoor café adjacent to the property located at 102 King Street, together with the transfer of ownership of said fencing to the City. (4th AD)
Sponsors: Michael E. Verveer
Attachments: 1. Exhibit A Legal Desc Property.pdf, 2. Exhibit B - Patio Fencing.pdf, 3. Reso File ID 50596 Cap Square Planters-Patios adopt 4-10-18.pdf
Fiscal Note
No City appropriation required.
Title
Authorizing the City’s execution of a Maintenance Agreement with Suhr Building, LLC to allow the use of a portion of the Main Street right-of-way for permanent fencing that surrounds an outdoor café adjacent to the property located at 102 King Street, together with the transfer of ownership of said fencing to the City. (4th AD)
Body
WHEREAS, Suhr Building, LLC (“Owner”) is the owner of the property located at 102 King Street, in the City of Madison, Dane County, Wisconsin, legally described in attached Exhibit A (“Property”); and

WHEREAS, the Owner’s tenant currently operates a sidewalk café in the E. Main Street public right-of-way adjacent to the Property, governed by that certain Encroachment Agreement between the City of Madison (“City”) and the Owner, recorded on April 7, 2010 in the Office of the Dane County Register of Deeds as Document No. 4646510; and

WHEREAS, the City’s Common Council adopted Resolution File ID 50596, Enactment # RES-18-00291, on April 10, 2018 (“Resolution”), which sets forth new policy guidelines for altering certain landscape planting beds and governing certain sidewalk cafes in the public right-of-way proximate to the Capitol Square, including the right-of-way adjacent to the Property; and

WHEREAS, pursuant to the Resolution, the Owner and/or the Owner’s tenant or designee’s sidewalk cafe shall be governed by a sidewalk café license; therefore, the aforementioned Encroachment Agreement encumbering the Property will be terminated upon the issuance of a sidewalk café license; and

WHEREAS, the Owner desires to keep and repair the existing railing, or permanent fencing (“Fencing”) associated with the sidewalk café in the E. Main Street right-of-way to define the outdoor sidewalk café configuration, as depicted on attached Exhibit B (“Café Area”); and

WHEREAS, the City conditionally supports this request provided the Owner and the City enter into a Maintenance Agreement for the Fe...

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