Fiscal Note
No City Funds required. Private contract.
Title
Approving plans and specifications for public improvements required to serve Phase 3 of the Subdivision known as Midpoint Meadows and authorizing construction to be undertaken by the Developer, Private Contracts 9759 and 9760. (District 1)
Body
WHEREAS, the developer, VH Midpoint Meadows, LLC, has received the City of Madison's approval to create the subdivision known as Midpoint Meadows; 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 87-90; 99-102; 184-201 and 211-217 as Midpoint Meadows Phase 3 (contract 9759); and,
WHEREAS, the developer proposes to provide public surface asphalt pavement improvements to serve Lots 87-90; 99-102; 184-201 and 211-217 as Midpoint Meadows Phase 3 - Surface Paving (contract 9760); 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 Midpoint Meadows Phase 3 with VH Midpoint Meadows, 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 Midpoint Meadows Phase 3 - Surface Paving, with VH Midpoint Meadows, 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, 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.