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CCR2011066-Zlensky COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #066-2011 DEDICATION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS IN AND FOR ZLENSKY CSM AND RELEASE OF SURETY WHEREAS, Orlo Zlensky, hereafter called “DEVELOPER” has constructed public improvements which include sanitary sewer facilities, including any and all equipment and appurtenances in and for the Zlenky Certified Survey Map (CSM); and WHEREAS, the DEVELOPER has completed the construction and installation of the following improvements: Sanitary Sewer 1464 LF at 25.00/LF of 2” diameter sanitary sewer 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, upon recommendation of the Public Works Committee, the date of the dedication shall be considered to be the date of the connection of the first structure, new or existing, to the new sanitary sewer; and WHEREAS, the City Engineer has recommended a full release of the cash surety in the amount of $26,952.00 less $2,500.00 that shall be transferred to the Developer’s Deposit; 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, with the official date of dedication being the date of connection of the first home, and authorize a full release of the cash surety less $2,500.00 that shall be transferred to the Developer’s Deposit. Reso. #066-2011 Page 2 TH DATED THIS __24 ___ DAY OF MAY , 2011 SPONSORED BY: FINANCE COMMITTEE Ald. Neome Schaumberg Ald. Keith Werner Ald. Noah Fiedler This is to certify that this is a true and accurate copy of Resolution #066-2011 which was adopted by the Common Council of the City of Muskego. _________________________ Clerk-Treasurer 5/11jmb