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CCR2011044-Dedication-St Pauls COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #044-2011 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR ST PAULS LUTHERAN CHURCH DEVELOPMENT AND RELEASE OF LETTER OF CREDIT WHEREAS, St Pauls Lutheran Churhc, hereafter called “DEVELOPER” has constructed public improvements which include water main facilities, including any and all equipment and appurtenances in and for the St Pauls School Addition; and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Water Main 720 LF at 39.34/LF of 8” diameter Water Main 70 LF at $50.63/LF of 6” Hydrant Leads 1 EACH at $1130.00/EACH of 8” diameter butterfly valve and valve box 2 EACH at $4315.00/EACH Hydrant with valve and valve box 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 WHEREAS, the DEVELOPER must complete any remaining punchlist items, per the subdivider’s agreement, and such installation and corrections must meet all City requirements, and these improvements will be considered complete upon approval of the City Engineer; and WHEREAS, the City Engineer has recommended a reduction to the letter of credit for the Development from its current balance of $77,640.00 down to a remaining amount of $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 Reso. #044-2011 Page 2 and acceptance of the public improvements within the St Pauls Lutheran Church Development and authorize a release of the letter of credit. TH DATED THIS 12 DAY of APRIL , 2011 SPONSORED BY: FINANCE COMMITTEE Ald. Tracy Snead Ald. Noah Fiedler Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #044-2011 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer