Fiscal Note
No City Funds required. Private contract.
Title
Approving plans and specifications for public improvements required to serve Phase 2 of the Subdivision known as Westwind and authorizing construction to be undertaken by the Developer, and Rescinding Resolution RES-24-00130, Private Contracts 9386 and 9387. (District 9).
Body
WHEREAS, the developer, WESTWIND MADISON INC., has received the City of Madison's conditional approval to create the subdivision known as Westwind, and,
WHEREAS, Section 16.23(7) of the Madison General Ordinances and the conditions of approval require the developer to install the public improvements necessary to serve the subdivision, and,
WHEREAS, Section 16.23(7) of the Madison General Ordinances allows the developer to install the improvements in construction phases provided that a Declaration of Conditions, Covenants, and Restrictions is executed for those lots included in future construction phases until such time as surety is provided to the City to guarantee the installation of the public improvements to serve said lots; and,
WHEREAS, the developer previously received approval for the project on March 13, 2024 by Resolution RES-24-00130, File No. 81816; and,
WHEREAS, the developer has requested to revise the limits of the Phase 2 development; and,
WHEREAS, the developer proposes to provide public improvements (excluding surface asphalt pavement) to serve Lots 23-49 as Westwind Phase 2 (contract 9386); and,
WHEREAS, the developer proposes to provide public surface asphalt pavement improvements to serve Lots 23-49 as Westwind Phase 2; as Westwind Phase 2 - Surface Paving (contract 9387); and,
NOW, THEREFORE, BE IT RESOLVED:
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 Westwind Phase 2, with Westwind Madison Inc., or designee with the approval of the City Engineer.
2. 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 Westwind Phase 2 - Surface Paving, with Westwind Madison Inc., or designee with the approval of the City Engineer.
3. That the plans and specifications for the public improvements necessary to serve this subdivision are hereby approved.
4. 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.
5. That the Mayor and City Clerk are hereby authorized to sign and grant easements or right-of-way release or procurement documents, maintenance 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, and to sign releases of any declaration of conditions, covenants and restrictions required under the Contract upon the satisfaction of the events specified therein.
6. 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.
7. The developer shall be permitted to assign this contract with the approval of the City Engineer, and in a form to be approved by the City Attorney.
8. The Resolution RES-24-00130, File No. 81816 is hereby rescinded.