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CCR2008213-Dedication-Big Muskego COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION # 213-2008 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR BIG MUSKEGO ESTATES SUBDIVISION AND REDUCTION IN LETTER OF CREDIT WHEREAS, Homes By Towne of Big Muskego Estates LLC, hereafter called “DEVELOPER” has constructed public improvements which include public street and recreational pathway improvements on Durham Drive, Hawk’s Trail, Eagle’s Way and Blue Heron Lane and all sanitary sewer, water main and storm sewer facilities in and for the Big Muskego Estates Subdivision; and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Sanitary Sewer 383 LF at $ 91 /LF of 8” Sanitary Sewer Pipe with granular backfill 3,648.8 LF at $ 62 /LF of 8” Sanitary Sewer Pipe with spoil backfill 19 EACH at $ 2,250 /EACH Standard Manholes 1 EACH at $ 6,500/EACH Outside drop Manhole Watermain 1,902.2 LF at $ 57 /LF of 16” watermain with granular backfill and tracer wire 484.7 LF at $ 49 /LF of 16” watermain with spoil backfill and tracer wire 872.1 LF at $ 44 /LF of 12” watermain with granular backfill and tracer wire 714.2 LF at $ 35 /LF of 8” watermain with granular backfill and tracer wire 7 EACH at $ 1,600/EACH of 16” Butterfly Valve with box 3 EACH at $ 1,000/EACH of 12” Butterfly Valve with box 1 EACH at $ 700/EACH of 8” Butterfly Valve with box 12 EACH at $ 2,400 /EACH of hydrants, box, extensions, tracer wire 723 LF at $ 26 /LF 1-1/4” Water Service 25 LF at $ 50 /LF 1-1/4” Water Service 1,558 LF at $ 22 /LF 1-1/4” Water Service Storm Sewer 94 LF at $ 90 /LF of 29”x45” Storm Sewer with granular backfill 256.2 LF at $ 77 /LF of 29”x45” Storm Sewer with spoil backfill 55 LF at $ 73 /LF of 24”x38” Storm Sewer with granular backfill 116.8 LF at $ 62 /LF of 24”x38” Storm Sewer with spoil backfill 50 LF at $ 39 /LF of 24” Storm Sewer with spoil backfill 155 LF at $ 40 /LF of 21” Storm Sewer with granular backfill 862.2 LF at $ 36 /LF of 21” Storm Sewer with spoil backfill 14 LF at $ 36 /LF of 18” Storm Sewer with spoil backfill 52 LF at $ 38 /LF of 18” Storm Sewer with granular backfill Reso. #213-2008 Page 2 1,117.6 LF at $ 29 /LF of 15” Storm Sewer with spoil backfill 343 LF at $ 32 /LF of 15” Storm Sewer with granular backfill 349.4 LF at $ 28 /LF of 12” Storm Sewer with spoil backfill 925 LF at $ 31 /LF of 12” Storm Sewer with granular backfill 28 EACH at $ 1,250/EACH Storm Sewer inlets 11 EACH at $ 1,350/EACH 48” Storm Sewer Manholes 3 EACH at $ 2,200/EACH 60” Storm Sewer Manholes 3 EACH at $ 3,000/EACH 72” Storm Sewer Manholes Paving 3,545 C/L LF of roadway including 8” of gravel base course, 30” curb and gutter, 4” of Asphaltic Concrete Binder Course, 1 ½” Asphaltic Concrete Surface Course at a lump sum of $ 154,812 2,000 C/L LF of pedestrian pathway including 6” of gravel base course and 2” of Asphaltic Concrete Surface Course at a lump sum of $ 44,125 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 for the Paving portion of the dedications and from (1) year from the date of the signed request for dedication (January 29, 2008) for the Sanitary, Watermain, and Storm Sewer 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 already created the appropriate segregated Storm Water Maintenance fund in the amount of $2,500.00 as required by the Big Muskego Estates Retention Pond Maintenance Agreement; and WHEREAS, any remaining Developer’s Deposit will be returned to the DEVELOPER upon successful completion of the one remaining sanitary sewer punch list item and verification of said completion is completed by the City Engineer; and Reso. #213-2008 Page 3 WHEREAS, Ruekert-Mielke and the City Engineer have recommended a reduction of the letter of credit for the Big Muskego Estates Subdivision in the amount of $85,350.00 which will bring the remaining amount to $10,000.00; 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 Big Muskego Estates Subdivision and authorize a partial release of the letter of credit for said Subdivision down to an amount of $10,000.00. 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 #213-2008 which was adopted by the Common Council of the City of Muskego. _____________________________ Janice Moyer, Clerk-Treasurer