Fiscal Note
The proposed resolution approves plan documents for public asphalt surface paving improvements required for the FRED-Maple Grove HC, LLC subdivision. The plans and specifications for these public improvements were previously approved on February 2, 2020 by Resolution RES-20-00090, but the developer has requested to change the entity name. The cost of to the City is estimated to be no more than $25,000, which is provided by the 2020 Engineering - Major Streets Reconstruction Streets capital program (MUNIS 12873-402-170).
Title
Approving plans and specifications for public asphalt surface paving improvements required to serve the Subdivision known as FRED-Maple Grove Drive and authorizing construction to be undertaken by the Developer, and Rescinding Resolution RES-20-00090. Private Contract No. 8531. (7th AD)
Body
WHEREAS, the developer, FRED-Maple Grove HC, LLC, has received the City of Madison's conditional approval to create the subdivision known as FRED-Maple Grove Drive; and,
WHEREAS, Section 16.23(9) of the Madison General Ordinances requires the developer to install the public asphalt surface paving 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 received approval for the project on February 2, 2020 by Resolution RES-20-00090, File No. 59159; and,
WHEREAS, the developer as requested to change the entity name to FRED-Maple Grove HC, LLC.
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 FRED-Maple Grove Drive (Surface Paving), with FRED-Maple Grove HC, 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.
7. The Resolution RES-20-00090, File No. 59159 is hereby rescinded.