Fiscal Note
The proposed resolution approves addendums to the Village at Autumn Lake Phase 15, Contract No. 9378 and Autumn Lake Phase 15 Surface Paving, Contract No. 9385, adopted via RES-24-00242 (Legistar #82478) on April 16, 2024. A first addendum was approved for Contract No. 9378 via RES-24-00335 (Legistar #83223) on May 21, 2024. The proposed resolution approves an additional addendum to both contracts to include funds for developer reimbursement which were inadvertently excluded from the original project approval at a cost not to exceed $25,000. Funding is available in Munis #15034. No additional appropriation is required.
Title
Approving Addendums to Village at Autumn Lake Phase 15, Contract No. 9378 (District 17) and Autumn Lake Phase 15 Surface Paving, Contract No. 9385 (District 17).
Body
WHEREAS, on April 18, 2024, the developer, VAL, 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, Phase 15 includes street improvements on Woodbine Drive, adjacent to Outlot 64 of Village at Autumn Lake Replat which has previously been dedicated to public for stormwater management and drainage purposes.
WHEREAS, funds for developer reimbursement were inadvertently excluded from original project approval. After project completion and approval by the City Engineer, the City shall reimburse the developer, up to the statutory limit, in accordance with Section 16.23(9)(d)6.d. of the Madison General Ordinances for public improvements on Woodbine Road adjacent to Outlot 64.
NOW, THEREFORE, BE IT RESOLVE:
1. That the Mayor and City Clerk are hereby authorized and directed to execute Addendum No. 2 to Village at Autumn Lake Phase 15, Contract No. 9378, and Addendum No. 1 to Village at Autumn Lake Phase 15 Surface Paving, Contract No. 9385 with VAL, 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.