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CCR2008208-Dedication-Nursery COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #208-2008 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR THE NURSERY SUBDIVISION AND REDUCTION IN LETTER OF CREDIT WHEREAS, JS DEVELOPMENT, LLC, hereafter called “DEVELOPER” has constructed public improvements which include public street improvements, sanitary sewer, and storm sewer facilities on Nursery Court in and for The Nursery Subdivision; and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: SANITARY SEWER 593 L.F. 8” PVC at $38.00 per foot 3 manholes at $ 2,000.00 each STORM SEWER 4 inlets at $1000.00 each 22 L.F. 15” RCP at $24.00 per foot 80 L.F. 12” RCP at $18.00 per foot 532 L.F. 6” PVC sump line at $ 6.00 per foot ROADWAY 564 L.F. at $190.00 per linear foot of roadway measured along the centerline of said 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 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 Reso. #208-2008 Page 2 WHEREAS, the DEVELOPER has a cash Developer Deposit with the CITY and a portion of said Deposit will be utilized to create the segregated Storm Water Maintenance fund in the amount of $3,000.00 as required by The Nursery Subdivision Retention Pond Maintenance Agreement; and WHEREAS, the remaining Developer Deposit will be returned to the DEVELOPER after all remaining invoices from RA Smith National and City staff have been paid; and WHEREAS, R.A. Smith National and the City Engineer have recommended a full release of the letter of credit for The Nursery Subdivision from its current balance of $41,620.00 down to $0.00; 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 The Nursery Subdivision and authorize full release of the remaining letter of credit for said Subdivision. TH DATED THIS 9 DAY OF DECEMBER , 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 #208-2008 which was adopted by the Common Council of the City of Muskego. _____________________________ Janice Moyer, Clerk-Treasurer