Fiscal Note
Private Contract, No City Funds Required
Title
Approving Addendum 1 for the project known as University Crossing and authorizing construction to be undertaken by the Developer, Private Contract No. 2266. (19th AD)
Body
WHEREAS, the developer, The Lenhart Company, Inc., has received the City of Madison's approval for a Planned Unit Development (PUD-GDP) and a subdivision plat to create 7 lots for future development and 1 outlot for public stormwater management; and;
WHEREAS, the City has previously approved the Contract For the Construction of Public Improvements to be Accepted by the City of Madison For University Crossing, located at 5063-5119 University Avenue and 702 N. Whitney Way, with The Lenhart Company, Inc., per RES-11-00971, File ID Number 24341, and;
WHEREAS, the City and Developer have mutually agreed to expand the scope of the Contract to allow for additional work to be included to serve a future PUD that is included in the University Crossing Plat, and;
WHEREAS, Section 16.23(9) of the Madison General Ordinances and the conditions of approval require the developer to install the public improvements necessary to serve the PUD and plat.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor and City Clerk are hereby authorized and directed to execute Addendum 1 for the Contract For the Construction of Public Improvements to be Accepted by the City of Madison For University Crossing, located at 5063-5119 University Avenue and 702 N. Whitney Way, with The Lenhart Company, Inc.
2. That the plans and specifications for the public improvements necessary to serve the work as detailed in Addendum 1 of the Contract 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 to be Accepted by the City of Madison at the sole cost of the developer, except as follows: NONE
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.