Number
040725
Version
SUBSTITUTE
Reference
950488
Sponsor
THE CHAIR
Title
Substitute resolution amending a special privilege for change of ownership to 222 East Erie Associates, LLC for encroachment into the public right-of-way of a backup driveway and two moveable planters for the building at 214-228 East Erie Street, in the 4th Aldermanic District in the City of Milwaukee.
Analysis
This resolution grants an amended special privilege to 222 East Erie Associates, LLC to keep and maintain a backup driveway and two moveable planters in the public right-of-way adjacent to 214-228 East Erie Street.
Body
Whereas, Sampson Investments requested a special privilege in order to maintain and keep a backup driveway and to place two moveable planters in the public right-of-way; and
Whereas, Permission was granted in 1995 by adoption of Common Council Resolution File Number 950488; and
Whereas, Sampson Investments sold the property to 222 East Erie Associates, LLC; 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Resolved, That Common Council Resolution File Number 950488 is hereby rescinded; and, be it
Further Resolved, By the Common Council of the City of Milwaukee that 222 East Erie Associates, LLC, 600 West Fulton Street, 9th Floor, Chicago, Illinois, 60661, is hereby granted the following special privileges:
1. To keep, use and maintain an approximate 59-foot wide backup driveway within the 15-foot wide sidewalk area, located on the north side of East Erie Street adjacent to the premises known as 214-228 East Erie Street to serve three existing 17-foot wide overhead doors that lead to loading docks. Said driveway is centered approximately 153 feet east of the eastline of North Water Street. Vehicles shall occupy the sidewalk area and a portion of the roadway and shall be parked in such a manner so as not to project beyond the roadway centerline. The existing 18-inch high, inverted conical metal bumpers located at sidewalk level on each side of the west door to protect the door opening from being hit by trucks, which project approximately 1.3 feet at sidewalk level, are allowed to remain in place.
2. To keep and maintain two 5-foot diameter, 4-foot high concrete moveable planters within the public right-of-way on the north side of East Erie Street adjacent to the premises known as 214-228 East Erie Street. Said planters are located on each side of the main entrance to the building centered approximately 217 and 230 feet east of the eastline of North Water Street and 10.5 feet south of the southline of East Erie Street.
Said above-mentioned items shall be used, kept and maintained to the satisfaction of the Commissioners of Public Works and Department of Neighborhood Services.
Said items 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 Department of Neighborhood Services. The plant material shall be approved by and maintained to the satisfaction of the City Forester; and, be it
Further Resolved, That this special privilege is granted only on condition that by acceptance of this special privilege the grantee, 222 East Erie Associates, 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 surety company duly incorporated in the State of Wisconsin, or duly licensed to do business in this State, in the sum of $10,000 such bond to be approved by the City Attorney. This 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 $100,000 covering bodily injury to any one person and $200,000 covering bodily injury to more than one person in any one accident and $50,000 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 cancelled 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 $7,395.11. 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 no 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 and 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 1 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
Draftor
Infrastructure Services Division
MDL:ah
October 29, 2004