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CCR2009012-Dedication-Harvest Court COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #012-2009 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR HARVEST COURT AND RELEASE OF DEPOSIT WHEREAS, Gerald Dovic and Gail James, hereafter called “DEVELOPER” has constructed public improvements including asphalt pavement and drainage facilities in Harvest Court in and for the land division completed by Certified Survey Map Number 10294, and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Roadway 1,100 Centerline Feet of 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 acceptance 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. WHEREAS, the remaining Developer Deposits will be returned to the DEVELOPER upon verification that all outstanding invoices and charges have been paid; 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 Harvest Court and authorize full release of the cash deposit for said Development. TH DATED THIS 27 DAY OF JANUARY , 2009 Reso. #012-2009 Page 2 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 #012-2009 which was adopted by the Common Council of the City of Muskego. _____________________________ Janice Moyer, Clerk-Treasurer