Council Communication

Title:	Dedication of public way by OSF New Theater; amendment to OSF lease
Dept:	Legal Department
Date:	August 20, 2002
Submitted By:	Paul Nolte
Reviewed By: ........................	Greg Scoles, City Administrator

Synopsis:	The dedication of the walkway constructed by OSF in conjunction with the construction of the New Theater and Hargadine Parking facility is necessary to allow Earthly Goods to access the walkway from a new addition to the rear of the Fortmiller Building. The walkway on the westerly side of the Fortmiller Building (between Earthly Goods and Starbucks) would be dedicated also since it has never been dedicated for public use. The dedication of the walkways would require an amendment to the OSF lease. A map is attached for your convenience.
Recommendation:	Approve a motion to 1) direct staff to prepare a resolution for adoption at a future meeting dedicating the above described walkways for public use and 2) authorize the mayor to sign a lease amendment to the OSF lease removing the walkways from the lease.
Fiscal Impact:	None.
Background:	The Planning Department is processing an application from Earthly Goods to expand the rear of the existing Fortmiller Building, 142 East Main Street, south and up so that it will abut the walkway immediately north of the OSF New Theater. The walkway is currently leased to OSF as it is a portion of the property subject to the lease for the OSF theater complex. The walkway between'the Fortmiller Building and Starbucks (located on the westside of the Fortmiller Building) is also leased to OSF. This walkway has never been dedicated for public use. Building Code restrictions preclude the full development of the Earthly Goods expansion unless the rear wall to be constructed abuts a public way. By designating the walkway as a public way, Earthly Goods would be able to place doors and windows into the rear wall to allow public access to the new addition.

Dedication_Map.pdf (45.8KB)

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