Fiscal Note
No City Funds required. Private Contract.
Title
Authorizing the Mayor and Clerk to enter into a Future Phase Developer Agreement required for the conditionally approved subdivision known as Huxley Yards Subdivision with the Developer, Private Contract No. 9624 (District 12)
Body
WHEREAS, the developer, Roth Street I Limited Partnership has received the City of Madison's conditional approval to create the subdivision known as Huxley Yards Subdivision; and,
WHEREAS, Section 16.23(9) of the Madison General Ordinances requires the developer to install the public improvements necessary to serve the subdivision; and,
WHEREAS, Section 16.23(9) 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 to serve the Subdivision in future construction phases.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor and City Clerk are hereby authorized and directed to execute a Future Phase Contract For the Construction of Public Improvements That Will be Accepted by the City of Madison For Huxley Yards Subdivision, with Roth Street I Limited Partnership.
2. 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.
3. The developer shall be permitted to assign this contract for the purposes of obtaining financing in a form to be approved by the City Attorney.