Fiscal Note
Est. cost not to exceed $30,000
Funds available in Acct. No. 14881-402-170: 54410 (96339)
Title
Approving Addendum No. 1 to Kipp Circle CSM, Contract No. 9783 (District 16)
Body
WHEREAS, on August 11, 2026, the developer, Better Way Investments - Madison, LLC, hereinafter the “Developer” had entered into a Contract For the Construction of Public Improvements that will be Accepted by the City of Madison hereinafter the “Contract” with the City of Madison, and;
WHEREAS, the Developer and the City have since mutually agreed to expand the scope of work for the project to replace approximately 140-feet of concrete sidewalk 5-feet in width to a 10-foot width on Kipp Street/Tradesmen Drive. The 10-foot width sidewalk shall connect a new 10-foot asphalt trail at Kipp Street to a proposed Tradesman Commerce Park Path crossing approximately 140 feet to the south.
WHEREAS, following acceptance of said improvements by the Common Council, the Developer shall submit an itemized invoice, based on final quantities and costs, to the City Engineer, for the sidewalk improvements. After approval by the City Engineer, the City shall reimburse the developer, up to the statutory limit, in accordance with Section 16.23(7)(d)6.d. of the Madison General Ordinances.
NOW, THEREFORE, BE IT RESOLVE:
1. That the Mayor and City Clerk are hereby authorized and directed to execute Addendum No. 1 to Kipp Circle CSM, Contract No. 9783, with Better Way Investments - Madison, LLC.
2. That the revised plans and specifications for the public improvements necessary to serve this project 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 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.