Number
070541
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution approving a lease termination agreement for the demolition of certain improvements formerly utilized by the United States of America located at 2372 South Logan Avenue in the city of Milwaukee.
Analysis
This substitute resolution approves a lease termination agreement for the demolition of certain improvements formerly utilized by the United States of America located at 2372 South Logan Avenue in the City of Milwaukee.
Body
Whereas, The city of Milwaukee (“city”) and the United States of America (“USA”) have entered into a series of lease agreements, the last of which was dated November 1, 2005 (hereinafter referred to as the “lease”), for the lease of approximately 5.97 acres of real property located at 2372 South Logan Avenue in the city of Milwaukee (hereinafter referred to as the “property,” which was utilized by the United States Army for military-related purposes; and
Whereas, It is the desire of the city and the USA to terminate the lease by mutual agreement, effective 9 May 2007; and
Whereas, Neither the city nor the USA have a further requirement for the improvements made by the USA on the property and the city gave notice to the USA that the improvements must be removed in accordance with the terms and conditions of the lease; and
Whereas, The city is willing to accept and remove the improvements in accordance with a demolition contract for the sum of $258,368 plus additional amounts as further specified in the lease termination agreement forming the subject matter of this resolution, payable by the USA in full settlement of the cost of demolition and restoration to the property being relinquished by the USA; and
Whereas, The lease termination agreement forming the subject matter of this resolution will permit the city to expeditiously proceed to demolish the existing improvements located upon the property and to received reimbursement for the costs thereof from the USA; and
Whereas, The Board of Harbor Commissioners approved the lease termination agreement forming the subject matter of this resolution on August 28, 2007; and
Whereas, The City Attorney has reviewed the lease termination agreement forming the subject matter of this resolution and is of the opinion that it is fair and reasonable, and that its adoption would be in the best interests of the city; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the lease termination agreement between the city and the United States of America constituting the subject matter of this resolution is hereby approved in its entirety; and, be it
Further Resolved, That the appropriate city officials and the proper port officials are hereby authorized and directed to execute any documents and to perform such other and further actions as may be necessary or convenient for the purpose of successful implementation of the aforesaid lease termination agreement and the demolition of the improvements located upon the property as referenced therein.
Requestor
City Attorney
Drafter
SSM:lmb
August 29, 2007
1122-2007-1011:122954