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CCR2016037-Spectrum COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION # 037-2016 DEDICATION OF PUBLIC IMPROVEMENTS AND RELEASE OF LETTER OF CREDIT FOR SPECTRUM WATERTOWER HOLDINGS PROJECT WHEREAS, Spectrum Watertower Holdings, LLC, hereafter called “DEVELOPER” has constructed public improvements in and around W160 S6369 Commerce Drive including a fire hydrant, storm sewer, storm sewers, and paving including any and all equipment and appurtenances which may in any way be a part thereof or pertain to, in and for the roadway modifications on Commerce Drive in the right-of-way adjacent to W160 S6369 Commerce Drive; and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Water Main One Hydrant Extension- $900.00 One 8” Tap and Water Lateral- $3,300.00 Total – Water Main $4,200.00 Storm Sewer One 48 Inch Manhole Inlet- $2,200.00 15 Feet of 18 Inch Storm Sewer- $30/ft= $450.00 Total – Storm Sewer $2,650.00 Roadway Install 450 square yards of stone and asphalt roadway- $20,225.00 295 linear feet of new curb & gutter- $17.00/lf= $5,015.00 Grading of roadway- $5,950.00 Restoration of roadway edge- $4,875.00 Relocated Streetlight- $3,500.00 Total – Roadway $39,565.00 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 Resolution #037-2016 2 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 has requested release of the letter of credit that was established as part of the Spectrum Watertower Holdings Developer’s Agreement and the City Engineer has recommended release of said letter of credit; 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 in and for the Spectrum Watertower Holdings project and authorize release of the letter of credit. th DATED THIS 10 DAY OF MAY, 2016 SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #037-2016 which was adopted by the Common Council of the City of Muskego. _____________________________ Sharon Mueller, City Clerk-Treasurer