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CCR2010116-Improve- Mystic Drive COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION # 116-2010 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR MYSTIC DRIVE WHEREAS, Gerald Dovic and Gail James, hereafter called “DEVELOPER” has constructed public improvements including asphalt pavement and drainage facilities in Mystic Drive in and for the land division completed by Certified Survey Map Number 10543, and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Roadway 980 LF at $80.00 /LF of roadway measured along the centerline of the roadway Storm Sewer System 137 LF at $96.00 /LF of 15 ” diameter reinforced concrete storm sewer pipe 72 LF at $107.00 /LF of 18 ” diameter reinforced concrete storm sewer pipe 1 EACH at $2,000.00 /EACH of storm inlets 5 EACH at $400.00 /EACH of concrete end sections 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 Mystic Drive and authorize full release of the cash deposit for said Development. Reso. #116-2010 Page 2 TH DATED THIS 8 DAY of NOVEMBER , 2010 SPONSORED BY: FINANCE COMMITTEE Ald. Tracy Snead Ald. Keith Werner Ald. Noah Fiedler This is to certify that this is a true and accurate copy of Resolution #116-2010 which was adopted by the Common Council of the City of Muskego. _____________________________ Clerk-Treasurer