2001-201RESOLUTION NO. 2001-201
WHEREAS, Rotary Gardens, Inc. (formerly Janesville Rotary Club) entered into an agreement
with the City of Janesville in 1988 to lease certain City owned park land for the purpose of maintaining
and operating a public botanical garden; and
WHEREAS, this specific park land, now known as Rotary Gardens, has been operated and
maintained as a public botanical garden by Rotary Gardens since execution of the existing Lease
Agreement; and
WHEREAS, Rotary Gardens has experienced significant growth since it was created; and
WHEREAS, Rotary Gardens, Inc. recently proposed an expansion to the existing Visitor's
Center, construction of a new Horticulture building, and other modifications to the building and
properties and current Lease Agreement; and
WHEREAS, the proposed modifications, expansion and Lease Agreement amendments are
incorporated into a proposed Lease Agreement Amendment, the text of which is incorporated herein as
if fully set forth verbatim, anthor/zed, executed and entered by the Board of Directors of Rotary
Gardens, Inc. effective the 12th day of November, 2001; and
WHEREAS, these additional, expanded and new uses, modifications, purposes and Lease
amendments require Common Council review, approval and authorization; and
WHEREAS, the Plan Commission has reviewed the proposed public property use expansion
and found it consistent with overall City plans on the 5th day of November, 2001 though not
commenting on the financial aspects of the transaction and proposals; and
WHEREAS, the Common Council finds that all such proposed additional, expanded and new
uses, modifications, purposes and Lease Amendments are of benefit to the public and in the best
interest of the City and its residents and public facility users.
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville
that:
1. All of the above recitals are hereby reiterated and incorporated herein by reference as if
fully set forth verbatim; and
2. The proposed expansion, modifications, property uses and Lease Agreement
Amendments are hereby approved and authorized to provide for the expansion of the existing
Visitor's Center and for construction of the new Horticulture Building modifying the lease
boundaries and all reference to the Visitor's Center and Horticulture Building; and
3. Authorize the City Manager to enter into and execute, on behalf of the City of
Janesville, such Lease Agreement Amendments and similar documents; and
BE IT FURTHER RESOLVED that the City Manager and his designee(s), on behalf of the
City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review,
execute, and enter into additional agreements, record, file and/or make minor modifications and/or
amendments to any and all documents, papers, forms and agreements, and to take whatever other
actions as the City Manager may determine, from time to time and at any time, necessary and/or
desirable to effectuate the intent of this Resolution and/or project.
ADOPTED: November 12, 2001
APPROVED:
~te~en l~ Sheiffer, CTty Manager
~ ~mff Wulf, ~ty Clerk-Treasurer (~/
APPROVED AS TO FOP&d: Il Iqlal
CiiS'c~m~y ~ ! , .
Proposed by: Management Assistant
Prepared by: Management Assistant and Ci/y Attorney
MOTION BY: Williams
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
O'LEARY X
DeGARMO X
BRIEN X
MURPHY X
STEEBER X
Rotmy Gardens Resolution