City of Milwaukee - File #: R13482

• File #: R13482
• Version: 0
• Type: Housing Authority Resolution
• Status: Passed
• File created: 5/3/2024
• In control: HOUSING AUTHORITY
• On agenda: 5/8/2024
• Final action: 5/8/2024
• Title: Resolution authorizing the execution of a green infrastructure twenty-year maintenance covenant for Westlawn Renaissance Phase Two with the Milwaukee Metropolitan Sewerage District - Contract G98004P44
• Sponsors: THE CHAIR

Date	Ver.	Action By	Action	Result	Tally
5/8/2024	0	HOUSING AUTHORITY	ADOPTED; Minutes note: Fernando Aniban, HACM’s Assistant Secretary, presented an overview of the Westlawn Gardens revitalization and summarized the documents included with the agenda. He introduced Attorney Tom Gartner of Michael Best & Friedrich LLP to provide information on the 20-year Covenant. Mr. Aniban and Attorney Gartner answered the Commissioners’ questions about the financial impact of the agreement, where maintenance funds would be derived and under what circumstances items might be brought before the Board.	Pass	3:0

Number

R13481

Version

Original

Reference

Sponsor

Acting Chair

Title

Resolution authorizing the execution of a green infrastructure twenty-year maintenance covenant for Westlawn Renaissance Phase Two with the Milwaukee Metropolitan Sewerage District - Contract G98004P44

Analysis

Body

WHEREAS, Westlawn Gardens is situated to the South of West Silver Spring Drive between North 60^th Street and North 68^th Street. The Housing Authority of the City of Milwaukee (HACM) is currently proceeding with the redevelopment of the Western portion of Westlawn Gardens; and

WHEREAS, HACM constructed infrastructure to serve the Western portion of Westlawn Gardens pursuant to an Out of Program Agreement (Westlawn Gardens - West) by and between HACM and the City of Milwaukee (City); and

WHEREAS, HACM, the Westlawn Gardens Property Owners’ Association, Inc. (Association), and the owners of various parcels within Westlawn Gardens - West executed a Storm Water Management Facility and Common Area Maintenance and Easement Agreement dated as of December 1, 2017 (the “Storm Water Agreement”); and

WHEREAS, the Storm Water Agreement transferred responsibility for the maintenance of certain public infrastructure to Association; and

WHEREAS, HACM applied to the Milwaukee Metropolitan Sewerage District (MMSD) for financial assistance in order to construct certain green infrastructure in Westlawn Gardens - West; and

WHEREAS, MMSD is requiring a Green Infrastructure Twenty Year Maintenance Covenant for Westlawn Renaissance Phase Two - Contract G98004P44 (the “Covenant”), in substantially the form on file with the Secretary, in order to ensure ongoing maintenance of the Green Infrastructure funded in part using MMSD funds (the “Green Infrastructure”); and

WHEREAS, the Green Infrastructure is located in City public right-of-way and is to be maintained by the Association pursuant to the Storm Water Agreement; accordingly, it is appropriate for the Association to enter into the Covenant; and

WHEREAS, HACM is a party to the Covenant in order to evidence its responsibilities with respect to Westlawn Gardens generally and to guaranty the performance of the maintenance responsibilities undertaken by the Association; and

WHEREAS, the HACM Board desires to authorize the Secretary - Executive Director to execute the Covenant on HACM’s behalf;

NOW, THEREFORE, BE IT RESOLVED, that the Green Infrastructure Twenty Year Maintenance Covenant for Westlawn Renaissance Phase Two - Contract G98004P44 is hereby approved and the Secretary - Executive Director is hereby authorized to execute and deliver the Covenant in substantially the form on file with the Secretary, with such minor non-substantive revisions as may be approved the Secretary-Executive Director; and

BE IT FURTHER RESOLVED, that all acts previously performed relative to the construction of the Green Infrastructure and the utilization of MMSD funds are hereby approved, ratified, and confirmed in all respects.

Requestor

Drafter

Housing Management April 24, 2024