NUMB:
971505
VERS:
SUBSTITUTE
REF:
82-2265-a
XXBY:
THE CHAIR
TITL:
Substitute resolution amending a special privilege granted to Twin Tower Plaza East Associates to install and maintain tree grates and guards and to construct and maintain three concrete planter walls, abutting the premises at 330 East Wells Street, to now change the name of the grantee of the special privilege to Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, in the 4th Aldermanic District in the City of Milwaukee.
ANLS:
- Analysis -
This special privilege changes the name of the grantee of a special privilege allowing placement and maintenance of tree grates and guards and concrete planter walls in the public rights-of-way abutting the premises at 330 East Wells Street from Twin Tower Plaza East Associates to Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership.
BODY:
Whereas, Twin Tower Plaza East Associates was granted a special privilege to place tree grates and guards and concrete planter walls adjacent to the premises at 330 East Wells Street under Common Council Resolution File Number 82-2265-a on April 13, 1984; and
Whereas, Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, now owns the building at 330 East Wells Street and a name change on the existing special privilege is needed in order to reflect the new owner; and
Whereas, Said tree grates and guards and concrete planter walls may only legally occupy the public way by the granting of a special privilege; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that Common Council Resolution File Number 82-2265-a is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee, that Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, is hereby granted the following special privileges:
1. To keep and maintain thirteen 4-foot square tree box-out grates equipped with tree guards approximately 18 inches in diameter. The thirteen grates and guards are located as follows; two in the 20-foot wide east sidewalk area of North Broadway, both centered approximately 17.5 feet west of the eastline at distances of approximately 49 and 168 feet north of the northline of East Wells Street; six in the 10-foot wide north sidewalk area of East Wells Street, all centered approximately 7 feet south of the northline at distances of approximately 14.5, 46.5, 78.5, 110.5, 142.5 and 174.5 feet east of the eastline of North Broadway; and five in the 12-foot wide west sidewalk area of North Milwaukee Street, all centered approximately 9.5 feet east of the westline at distances of approximately 46, 78, 110, 142 and 174 feet north of the northline of East Wells Street.
2. To keep and maintain three concrete planter walls encroaching a maximum of 3-feet, 9-inches into the east 20-foot wide sidewalk area of North Broadway. The three planters are described as follows: one 8-inch wide, 8-foot long planter wall centered approximately 5 feet north of the northline of East Wells Street and that extends 1 foot, 9 inches above grade and 4 feet below grade to the top of a concrete footing. The outside edge of the footing encroaches 4.6 feet into the public way; one 8-inch wide, 58-foot long planter wall centered approximately 57 feet north of the northline of East Wells Street and that extends 4 inches above grade and 1 foot, 8 inches below grade; one 8-inch wide, 17-foot long planter wall centered approximately 158 feet north of the northline of East Wells Street and that extends 4 inches above grade and 1 foot, 8 inches below grade.
Said tree grates shall be designed such that they can sustain a live load of at least 250 pounds per square foot, be flush with the sidewalk and such that the openings in the grating do not exceed 3/4 inch in the direction of pedestrian travel.
Said tree guards shall be designed and installed so that the top of the guard shall be no lower than 6 feet above the adjacent established grade.
The species of plant material to be placed within the concrete planter areas is subject to the approval of the City Forester.
Said items shall be designed, constructed, used and maintained to the approval of the Commissioner of Public Works and the Commissioner of Building Inspection and shall be constructed in accordance with the appropriate standards and policies established by the Common Council of the City of Milwaukee.
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, Kilbourn Investors Limited Partnership, a Wisconsin Limited Partnership, 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 $2,000 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 $25,000 covering bodily injury to any one person and $50,000 covering bodily injury to more than one person in any one accident and $10,000 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 $640.69. 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 66.045 of the Wisconsin Statutes (1979), 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 Building Inspection shall have the authority to seek, by resolution, revocation of said special privilege.
DFTR:
Infrastructure Services Division
JJM:cjt
March 5, 1998
971505