Fiscal Note
No City Funds required. Private contract.
Title
Approving plans and specifications for public improvements required to serve Phase 14 of the Subdivision known as Acacia Ridge and authorizing construction to be undertaken by the Developer, Private Contracts 9702 and 9703 (District 1)
Body
WHEREAS, the developer, East South Point, LLC, has received the City of Madison's approval to create the subdivisions known as Acacia Ridge and Acacia Ridge Replat No. 5; and,
WHEREAS, Section 16.23(7) of the Madison General Ordinances requires 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 proposes to provide public improvements (excluding surface asphalt pavement) to serve Lots 201-203; 216; 226, 232 and 239 of Acacia Ridge and Lots 691-698, 750-760 and Outlot 28 and provide public improvements including surface asphalt pavement to serve lots 713-718 of Acacia Ridge Replat No. 5 as Acacia Ridge Phase 14 (contract 9702); and,
WHEREAS, the developer proposes to provide public surface asphalt pavement improvements to serve Lots 201-203; 216; 226, 232 and 239 of Acacia Ridge and Lots 691-698; 750-760 and Outlot 28 of Acacia Ridge Replat No. 5 as Acacia Ridge Phase 14 - Surface Paving (contract 9703); 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 Acacia Ridge Phase 14 with East South Point, LLC, 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 Acacia Ridge Phase 14 - Surface Paving, with East South Point, LLC, or designee with 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, releases of deed restrictions, and other related documents as deemed necessary by the City Engineer associated with the phased development 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.
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.