CCR2011057-Dedication-Wal Mart
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #057-2011
DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR
WAL-MART DEVELOPMENT AND RELEASE OF SURETY
WHEREAS, Wal-Mart Real Estate Business Trust, hereafter called “DEVELOPER” has
constructed public improvements which include water main facilities, including any and all
equipment and appurtenances in and for Wal-Mart; and
WHEREAS, the DEVELOPER has completed the construction and installation of the
following improvements:
Water Main
2143 LF at 65.00/LF of 12” diameter Water Main
13 EACH at $1,300.00/EACH of 12” diameter butterfly valve and valve box
8 EACH at $4000.00/EACH Hydrant with leads, valves and valve boxes
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 City Engineer has recommended a full release of the cash surety in the
amount of $276,591.24, plus accrued interest; 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 Wal-Mart Development and authorize a
full release of the cash surety including accrued interest.
Reso. #057-2011 Page 2
TH
DATED THIS _10 __ DAY of MAY , 2011
SPONSORED BY:
FINANCE COMMITTEE
Ald. Neome Schaumberg
Ald. Noah Fiedler
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #057-2011 which was
adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
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