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File #: 66482    Version: 1 Name: Approving the Contract For the Construction of Public Improvements for Public Improvements Phase 3 of the Subdivision known as Madison Yards at Hill Harms to be undertaken by the Developer, Private Contract No. 9049.
Type: Resolution Status: Passed
File created: 7/14/2021 In control: Engineering Division
On agenda: 8/3/2021 Final action: 8/3/2021
Enactment date: 8/6/2021 Enactment #: RES-21-00545
Title: Approving the Contract For the Construction of Public Improvements for Public Improvements Phase 3 of the Subdivision known as Madison Yards at Hill Harms to be undertaken by the Developer, Private Contract No. 9049. (11th AD)
Sponsors: BOARD OF PUBLIC WORKS
Attachments: 1. 9049 Exhibits.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
8/3/20211 COMMON COUNCIL Adopt Under Suspension of Rules 2.04, 2.05, 2.24, and 2.25Pass Action details Meeting details Not available
7/21/20211 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
7/14/20211 Engineering Division Refer  Action details Meeting details Not available

Fiscal Note

Private project. No City funds required.

Title

Approving the Contract For the Construction of Public Improvements for Public Improvements Phase 3 of the Subdivision known as Madison Yards at Hill Harms to be undertaken by the Developer, Private Contract No. 9049. (11th AD)

Body

WHEREAS, the developer, Madison Yard Bock 1, LLC, has received the City of Madison's approval to create the subdivision known as Madison Yards at Hill Farms and conditional approval of a Planned Development-Specific Implementation Plan (PD(SIP)) to construct a seven-story, 165,000 square-foot office/retail building, two-story, 17,000 square-foot retail building, a five-story 78-unit apartment building, and structured parking on Block/Lot 1 at Madison Yards at Hill Farms at 4702 Sheboygan Avenue; 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 the public improvements to serve the plat and development within Block 1 as Public Improvements Phase 3.

 

 

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 Madison Yards at Hill Farms - Public Improvements Phase 3, with Madison Yard Block 1, LLC.

 

2.                     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).

 

3.                     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.

 

4.                     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.

 

5.                     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.