Number
041142
Version
SUBSTITUTE
Reference
950456
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to 225 East Mason Property, LLC for encroachment into the public right-of-way of five moveable planters for the building at 225 East Mason Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution will grant an amended special privilege to 225 East Mason Property LLC to keep and maintain five moveable planters in the public right-of-way adjacent to 225 East Mason Street.
Body
Whereas, Fiduciary Real Estate Development, Inc. requested a special privilege in order to place five moveable planters in the public right-of-way; and
Whereas, Permission was granted in 1995 by adoption of Common Council Resolution File Number 950456; and
Whereas, 225 East Mason Property, LLC recently purchased the property; and
Whereas, For the liability to be formally transferred to the current owners, the Common Council needs to adopt an amending resolution; now, therefore, be it
Resolved, That Common Council Resolution File Number 950456 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that 225 East Mason Property, LLC, PO Box 240123, Milwaukee, WI 53224, is hereby granted the following special privilege:
1. To keep, use and maintain five moveable, wooden 2-foot 6-inch tall planters measuring 3-foot by 2-foot in the south sidewalk area of the public right-of-way of East Mason Street. Said planters are centered approximately 54, 69, 84, 99, and 114 feet west of the westline of North Broadway and 11 feet 6 inches north of the southline of East Mason Street. The north face of the planters is approximately 2 feet 6 inches behind the curb face. The planters shall continue to be maintained such that a minimum 6-foot wide clear path is maintained for pedestrian travel at all times.
2. Said planters shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Neighborhood Services. Approval for the plant materials shall continue to be obtained from the City Forester. All plant materials shall be placed, maintained, replaced and removed at no expense to the City of Milwaukee.
3. Said planters shall be maintained or removed from the public right-of-way, at such future time as they are no longer needed, to the satisfaction of the Commissioners of Public Works and Neighborhood Services.
; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, 225 East Mason Property, LLC, shall:
1. Become primarily liable for damages to persons or property by reason of the granting of this special privilege.
2. File with the City Clerk a bond of a surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $1,000.00 such bond to be approved by the City Attorney. The applicant shall also file with the City Clerk a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $50,000.00 covering bodily injury to any one person and $100,000.00 covering bodily injury to more than one person in any one accident and $20,000.00 covering property damage to any one owner on the area or areas included within the special privilege and naming the City of Milwaukee as an insured. Both bond and insurance policy shall provide that they shall not be canceled until after at least thirty days' notice in writing to the City Clerk.
3. Pay to the City Treasurer an annual fee which has an initial amount of $75.00. The subsequent annual fee is subject to change pursuant to the annual fee schedule in effect at the time of annual billing.
4. Whenever this special privilege is discontinued for any reason whatsoever, including public necessity whenever so ordered by resolution adopted by the Common Council not only remove all construction work executed pursuant to this special privilege, but shall also restore to its former condition and to the approval of the Commissioner of Public Works any curb, pavement or other public improvement which was removed, changed or disturbed by reason of the granting of this special privilege. Such grantee shall be entitled to no damages due to the alteration and/or removal for such purposes.
5. Waive the right to contest in any manner the validity of Section 66.0425 of the Wisconsin Statutes (1999), or the amount of the annual fixed fee, payable on or before July 1st of each year.
6. Put this special privilege into use within one year after approval by the Common Council of the City of Milwaukee; failing to do so in the time specified, the Commissioner of the Department of Neighborhood Services shall have the authority to seek, by resolution, revocation of said special privilege.
Requestor
Department of Public Works
Drafter
Infrastructure Services Division
MDL:cjt
December 13, 2004
OWNERSHIP 225 E MASON PROPERTY LLC