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CCR2008195-Dedication-James Court COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #195-2008 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR JAMES COURT- BASELER CSM WHEREAS, Timothy Baseler, hereafter called “DEVELOPER” has constructed public improvements including asphalt pavement and drainage facilities in James Court in and for the land division completed by Certified Survey Map Number 10371, and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Roadway 2,210 S.Y. at $7.91/ S.Y. gravel base course 1,795 S.Y. at $11.00/S.Y. 4-inch asphalt binder course 1,795 S.Y. at $30.46/ S.Y. 1 ½ inch asphalt surface course 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 Deposit will be returned to the DEVELOPER upon verification that all outstanding invoices and charges have been paid; and WHEREAS, Ruekert-Mielke and the City Engineer have recommended a full release of the letter of credit in the amount of $139,515 for the James Court/Baseler CSM which will bring the remaining amount to $0.00; and Reso. #195-2008 Page 2 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 James Court and authorize full release of the remaining letter of credit for said Development. DATED THIS 25TH DAY OF NOVEMBER , 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 #195-2008 which was adopted by the Common Council of the City of Muskego. _____________________________ Janice Moyer, Clerk-Treasurer 11/08ds