Fiscal Note
The proposed resolution approves plans and authorizes the developer to undertake construction for public improvements required for Phase 6 of the Southern Addition to Birchwood Point South subdivision at an estimated cost not to exceed $25,000. Funds are available in Munis account 14142-402-170. No additional appropriation is required.
Title
Approving plans and specifications for public improvements required to serve Phase 6 of the Subdivision known as Southern Addition to Birchwood Point South and authorizing construction to be undertaken by the Developer, Private Contracts 9217 and 9218 (9th AD)
Body
WHEREAS, the developer, VH Birchwood South, LLC, has received the City of Madison's conditional approval to create the subdivisions known as Southern Addition to Birchwood Point and Western Addition to 1000 Oaks; 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 (excluding surface asphalt pavement) to serve Lots 421-440 & Outlot 30 in Southern Addition to Birchwood Point South and Outlots 18 & 19 in Western Addition to 1000 Oaks as Southern Addition to Birchwood Point Phase 8; and,
WHEREAS, the developer proposes to provide public surface asphalt pavement improvements to serve Lots 421-440 & Outlot 30 in Southern Addition to Birchwood Point South and Outlots 18 & 19 in Western Addition to 1000 Oaks Lots as Southern Addition to Birchwood Point Phase 8 - Surface Paving.
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 Southern Addition to Birchwood Point Phase 8, with VH Birchwood Point, LLC.
2. 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 Southern Addition to Birchwood Point Phase 8 - Surface Paving, with VH Birchwood Point, LLC.
3. That the plans and specifications for the public improvements necessary to serve this phase of the subdivision are hereby approved.
4. 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).
5. 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.
6. 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.
7. 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.