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CCR2009029-Dedication-Muskego Commerce Center West COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #029-2009 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR COMMERCE CENTER WEST DEVELOPMENT AND REDUCTION TO LETTER OF CREDIT WHEREAS, Ace Industrial Properties, Inc., hereafter called “DEVELOPER” has constructed public improvements which include public street improvements on Commerce Center Parkway and Commerce Drive, and the sanitary sewer, water main and storm sewer facilities, including any and all equipment and appurtenances in and for the Muskego Commerce Center West Development; and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Sanitary Sewer 695 LF at $47.00/LF of 8” diameter PVC SDR-35 sanitary with granular backfill 302 LF at $34.00/LF of 8” diameter PVC SDR-35 sanitary with spoil backfill 82 LF at $27.00/LF of 6” PVC SDR-35 sanitary lateral 4 EACH at $2275.00 /EACH of 48” diameter concrete sanitary sewer manholes Water Main 1 LS at $5,900.00 of 60” diameter water main manhole with casting and 12” diameter check valve 26 LF at $41.00/LF of 6” diameter pvc C-900 CL150 watermain with granular backfill 496 LF at $44.00/LF of 8” diameter pvc C-900 CL150 watermain with granular backfill 4503 LF at $51.00/LF of 12” diameter pvc C-900 CL150 watermain with granular backfill 131 LF at $51.00/LF of 12” diameter pvc C-900 CL150 watermain with spoil backfill 60 LF at $300.00/LF of 12” diameter HDPE DR 11 (directionally bored including slurry backfill) 52 LF at $75.00/LF of 16” diameter pvc C-900 CL150 watermain with granular backfill 652 LF at $61.00/LF of 16” diameter pvc C-900 CL150 watermain with spoil backfill 19 EACH at $3175 /EACH of fire hydrant assemblies (including leads and valves) 3 EACH at $2275.00/EACH of 16” diameter butterfly valve and valve box 16 EACH at $1675.00/EACH of 12” diameter butterfly valve and valve box 4 EACH at $1075.00/EACH of 8” diameter butterfly valve and valve box 340 LF at $ 27.00/LF of 4” diameter C-900 water service Booster Pump Station with asphalt drive and storm drainage at $143,650.00 Storm Sewer 174 LF at $37.00/LF of 12” diameter RCP storm sewer (with granular backfill) 230 LF at $37.00/LF of 15” diameter RCP storm sewer (with granular backfill) Reso. #029-2009 Page 2 30 LF at $40.00/LF of 15” diameter RCP storm sewer (with spoil backfill) 464 LF at $48.00/LF of 18” diameter RCP storm sewer (with granular backfill) 28 LF at $40.00/LF of 18” diameter RCP storm sewer (with spoil backfill) 300 LF at $68.00/LF of 30” diameter RCP storm sewer (with spoil backfill) 194 LF at $78.00/LF of 36” diameter RCP storm sewer (with granular backfill) 45 LF at $73.00/LF of 36” diameter RCP storm sewer (with spoil backfill) 1 EACH at $935.00/EACH of 15” RCP apron end wall (with rip rap and fabric) 3 EACH at $1060.00/EACH of 18” RCP apron end wall (with rip rap and fabric) 1 EACH at $3000.00/EACH of 36” RCP apron end wall (with rip rap and fabric) 18 EACH at $1250.00/EACH of storm inlet with casting 2 EACH at $1200.00/EACH of 48” diameter storm manhole with casting 4 EACH at $3200.00/EACH of 60” diameter storm manhole with casting Roadway 1160 LF at $192.00/LF of roadway measured along the centerline of Commerce Drive 270 LF at $192.00/LF of roadway measured along the centerline of Commerce Center Parkway NOTE: Final lift of asphalt has not yet been installed. This and the trail will be installed when weather permits. 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 accept for the final lift of asphalt; 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 WHEREAS, the DEVELOPER must complete the installation of the final lift of asphalt along with any remaining punchlist items, per the subdivider’s agreement, and such installation and corrections must meet all City requirements, and these improvements will be considered complete upon approval of the City Engineer; and WHEREAS, RA Smith and the City Engineer have recommended a reduction to the letter of credit for the Muskego Commerce Center West Development from its current balance of $1,724,400.00 down to a remaining amount of $98,725.20; 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 Reso. #029-2009 Page 3 and acceptance of the public improvements within the Muskego Commerce Center West Development and authorize a reduction to the letter of credit down to a balance of $98,725.20. TH DATED THIS 10 DAY OF MARCH , 2009 SPONSORED BY: FINANCE COMMITTEE Ald. Tina Schaefer Ald. Tracy Snead Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #029-2009 which was adopted by the Common Council of the City of Muskego. _____________________________ Janice Moyer, Clerk-Treasurer