CCR2008208-Dedication-Nursery
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #208-2008
DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR THE
NURSERY SUBDIVISION AND REDUCTION IN LETTER OF CREDIT
WHEREAS, JS DEVELOPMENT, LLC, hereafter called “DEVELOPER” has
constructed public improvements which include public street improvements, sanitary sewer, and
storm sewer facilities on Nursery Court in and for The Nursery Subdivision; and
WHEREAS, the DEVELOPER has completed the construction and installation of the
following improvements:
SANITARY SEWER
593 L.F. 8” PVC at $38.00 per foot
3 manholes at $ 2,000.00 each
STORM SEWER
4 inlets at $1000.00 each
22 L.F. 15” RCP at $24.00 per foot
80 L.F. 12” RCP at $18.00 per foot
532 L.F. 6” PVC sump line at $ 6.00 per foot
ROADWAY
564 L.F. at $190.00 per linear foot of roadway measured along the centerline of said
roadway
and appurtenances (collectively called “IMPROVEMENTS”) in accordance with the provision
of Chapter 18 of the Municipal Code of the City of Muskego, hereafter called the “CITY”, and
the City Engineer has certified the systems’ acceptability; and
WHEREAS, it is the Developer’s intent to, without charge to the CITY, unconditionally
give, grant, convey and fully dedicate the IMPROVEMENTS to the CITY, free and clear of all
encumbrances, and together with mains, conduits, pipes, plants, machinery, equipment and
appurtenances which relate directly to the utilization of such IMPROVEMENTS; and
WHEREAS, the DEVELOPER shall guarantee the public improvements to be dedicated
against any defects due to faulty materials or workmanship which appear within a period of one
(1) year from the date of dedication and shall pay for any damages resulting therefrom to the
CITY property and shall indemnify the CITY against any claims, suits, or liabilities brought
against the CITY at any time arising out of the alleged defects or other failure of this guarantee;
and
Reso. #208-2008 Page 2
WHEREAS, the DEVELOPER has a cash Developer Deposit with the CITY and a
portion of said Deposit will be utilized to create the segregated Storm Water Maintenance fund
in the amount of $3,000.00 as required by The Nursery Subdivision Retention Pond Maintenance
Agreement; and
WHEREAS, the remaining Developer Deposit will be returned to the DEVELOPER after
all remaining invoices from RA Smith National and City staff have been paid; and
WHEREAS, R.A. Smith National and the City Engineer have recommended a full release
of the letter of credit for The Nursery Subdivision from its current balance of $41,620.00 down
to $0.00; and
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby accept dedication
and acceptance of the public improvements within The Nursery Subdivision and authorize full
release of the remaining letter of credit for said Subdivision.
TH
DATED THIS 9 DAY OF DECEMBER , 2008
SPONSORED BY:
FINANCE COMMITTEE
Ald. Tracy Snead
Ald. Keith Werner
Ald. Tina Schaefer
This is to certify that this is a true and accurate copy of Resolution #208-2008 which was
adopted by the Common Council of the City of Muskego.
_____________________________
Janice Moyer, Clerk-Treasurer