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File #: 57053    Version: 1 Name: Approving plans and specifications for public improvements required to serve the Subdivision known as Esker and authorizing construction to be undertaken by the Developer, Private Contract No. 8435.
Type: Resolution Status: Passed
File created: 8/14/2019 In control: Engineering Division
On agenda: 9/3/2019 Final action: 9/3/2019
Enactment date: 9/6/2019 Enactment #: RES-19-00611
Title: Approving plans and specifications for public improvements required to serve the Subdivision known as Esker and authorizing construction to be undertaken by the Developer, Private Contract No. 8435. (7th AD)
Sponsors: BOARD OF PUBLIC WORKS
Attachments: 1. Esker Maps.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
9/3/20191 COMMON COUNCIL Adopt Under Suspension of Rules 2.04, 2.05, 2.24, and 2.25Pass Action details Meeting details Not available
8/21/20191 BOARD OF PUBLIC WORKS RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - REPORT OF OFFICERPass Action details Meeting details Not available
8/14/20191 Engineering Division Refer  Action details Meeting details Not available

Fiscal Note

 Private Contract. No Appropriation Required.

Title

Approving plans and specifications for public improvements required to serve the Subdivision known as Esker and authorizing construction to be undertaken by the Developer, Private Contract No. 8435.  (7th AD)

Body

WHEREAS, the developer, Esker Apartments LLC, has received the City of Madison's conditional approval to create the subdivision known as Esker; 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 Lots 1-7.

 

 

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 Esker, with Esker Apartments LLC.

 

2.                     That the plans and specifications for the public improvements necessary to serve this phase of the subdivision 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, except as follows:  Reimbursement not to exceed the statutory limit for the cost of street improvements that benefit the City and abut lands owned by the City, in accordance with Section 16.23(9)(d)(6)(d).

 

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.

 

6.                     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.