Board of Public Works items on the Council agenda can be some of the least informative, so I’m not sure I really know what is proposed to be approved but here is what I do know . . . and it includes our first glimpse of the “Public Access Management Agreement”
It’s item 51 on the agenda, and I’m guessing most people didn’t notice, because it is a part of the agenda often overlooked. Essentially, the resolution says they are approving the following:
1. That the Mayor and City Clerk are hereby authorized and directed to execute a Contract For the Construction of Public Improvements that will be accepted by the City of Madison For Edgewater Redevelopment, with Edgewater Hotel Company, LLC.
2. That the plans and specifications for the public improvements necessary to serve the PUD are hereby approved.
3. That the developer is authorized to construct the public improvements in accordance with the terms of the Contract For the Construction of Public Improvements that will be accepted by the City of Madison at the sole cost of the developer.
4. That the Mayor and City Clerk are hereby authorized to sign and grant easements or right-of-way release or procurement documents, maintenance agreements, lease agreements or encroachment agreements, as necessary and grant or accept dedication of lands and/or easements from/to the Developer/Owner for public improvements located outside of existing public fee title or easement right-of-ways.
5. The Common Council is approved to accept ownership of the improvements in the Maintenance Area if a maintenance agreement is executed and recorded as a condition of this contract.
6. The Mayor and Common Council are hereby approving the change of grade for the existing Wisconsin Avenue Right of Way in accordance with the plans approved by the City Engineer, as required in section 10.02 of the Madison General Ordinance.
Of course, the contract and plans and specs are not available on-line. The council never sees them on these types of approvals. I’m not sure which easements, right-of-way release or procurement documents, maintenance agreements, lease agreements or encroachment agreements are included here. There’s not even a summary of what is necessary. I think the Maintenance Agreement is something that the council expected to see before approving this. And, I’m kind of curious how much of a change in grade we can expect on Wisconsin Ave. Those details were hard to follow in all the Edgewater hoopla.
While this item is to be approved on the Council agenda, there is another item that is being introduced Tuesday night. That is:
The resolution is quite brief and doesn’t include the actual agreement.
1. Public Access Components. On the property described on Exhibit A attached hereto, Manager shall construct, maintain, operate and manage certain improvements as approved by the City, including but not limited to: outdoor terraces, public restrooms off the terrace and at the waterfront, a stairway to the waterfront, improvements along the pathway adjacent to the lakeshore, including green space in front of the new podium building, and an ADA compliant access route through the building to the improvements on the terraces and the waterfront (collectively, the “Public Access Components”). The locations of the Public Access Components are further depicted on Exhibits B-1 and B-2, attached hereto, and described in the approved PUD-GDP-SIP for the project. Outdoor areas which are not a part of the Public Access Components include those spaces dedicated to the exclusive use and operation of the hotel, restaurants and other private improvements of the redevelopment, including the dining terraces serving the restaurants, the outdoor balconies and terraces adjacent to or attached to hotel rooms, guest suites and condominium units, and the roof terraces serving the hotel.
2. Public Access and Use. Manager shall maintain continuous public access to the Public Access Components from 7:00 am to 11:00 pm, 365 days of the year, subject to the occurrence of certain General Events, Special Events and Community Events.
a) General Events. Manager shall have the right to organize, host and cater public or private General Events in the General Events Area designated on the attached Exhibit C. During such General Events, Manager shall maintain access to all other Public Access Components for the use of the public subject to the Special Events provision outlined below.
b) Community Events. Manager shall reserve space within the General Events Area for no fewer than eight (8) events per calendar year for the benefit of, or to be booked by nonprofit and/or community-based organizations (“Community Events”). At least five (5) of these days shall be during the months of May through September. All dates shall be on a schedule as determined by Manager. Manager will provide the space free of rental charge for such Community Events, but may charge for all food and beverage and other
services.c) Special Events. Manager shall also have the right to close and/or secure the Public Access Components for Special Events which require Manager to monitor the occupancy of the site, and/or to provide additional services or management. Special Events may not occur more than fifteen (15) days per calendar year. Of these fifteen (15) days, no more than ten (10) days shall be on weekend days between May 1st and
September 30th. The Public Access Components shall be designated as non-smoking. The public may bring food and non-alcoholic beverages to the Public Access Components for reasonable individual personal use. Manager shall have the exclusive right to sell goods and/or services and to cater events on the Public Access Components. Manager shall provide seating in the Public Access Components, including chairs, tables and benches.3. Maintenance. Manager shall be solely responsible for ensuring the Public Access Components are maintained on a continuous basis. Such maintenance shall include, but not be limited to: snow and ice removal; irrigating, weeding and trimming all plantings; debris, litter and graffiti removal; repair and replacement of any damaged or missing property; hardscape maintenance; and drainage clean up, repair and maintenance.
4. Security. Manager shall have the right to close and secure the Public Access Components between the hours of 11 pm and 7 am daily, but shall maintain a reasonable pathway for persons to enter and exit the hotel components at all times, either through the hotel or the Public Access Components. Manager shall have the right to ask any person to leave who is: negatively impacting the health, safety, use or enjoyment of visitors to the Public Access Components; violating local ordinances or state law; or violating the hotel operator’s rules for use of the site.
5. Insurance and Liability. Manager shall be solely responsible for procuring appropriate general commercial liability insurance coverage for the site, and upon request will provide evidence of such insurance for the site to the City. The City shall have no liability or responsibility for the use, access, maintenance, operation and management of the Public Access Components. The sole cost and expense of maintaining, operating and managing the Public Access Component shall be the responsibility of Manager.
6. Ordinance Requirements. Manager shall comply with the City’s affirmative action and nondiscrimination ordinances.
7. Term. Unless terminated due to an uncured material default, the Agreement shall remain in effect unless terminated by mutual agreement of the parties.
The events remain problematic, in that the public access area can be largely closed off most weekends in the summer. And, I’m kind of curious exactly what this means:
Manager shall have the right to ask any person to leave who is: negatively impacting the health, safety, use or enjoyment of visitors to the Public Access Components; violating local ordinances or state law; or violating the hotel operator’s rules for use of the site.
Hotel operator’s rules? I wonder where those are? And how are we supposed to know what they are?
Yeah, the Edgewater, it just doesn’t go away. While it has been approved, there are still details to be worked out. Some kind of important ones. What are we getting for our $16M in TIF?
I’ve said it before, but it bears repeating that a WMC fund raiser would be a “nonprofit and/or community-based organization” event.