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CCR1988180COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION //1ao-aa ACCEPTANCE OF SEWER AND ROAD IMPROVEMENTS TANS DRIVE LAND DIVISION (Zach) WHEREAS, Section I of the Amended Subdivider's Agreement dated July 29, 1988, requires the developer to complete the improvements required in the agreement and dedicate the same to the City, and WHEREAS, the City shall accept said dedication if said improvements have been completed as required by the Amended Subdivider's Agreement and as required by applicable City ordinances and other applicable laws and as approved by the City Engineers, and WHEREAS, the Department of Planning & Development has advised that all of the above requirements have been met, and WHEREAS, an Amended Subdivider's Agreement has been submitted and recommended for approval by the Finance Committee, and WHEREAS, the Finance Committee has recommended acceptance of the improvements. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Amended Subdivider's Agreement and accept the dedication of improvements in accordance with the Tans Drive Amended Subdivider's Agreement dated July 29, 1988. DATED THIS DAY OF , 1988. FINANCE COMMITTEE itc el Penovich - ATTEST : City Clerk 0 a/ 88 YP .XDiFICATION TD SZIBDIVIDER'S AGaEEHENT FOR E3TIFIED SURVEY HAP in the Sg 1/4 of Section 5, T 5N. R 20 E Richard X. Zach, hereinafter called the DEVELOPER, and the CITY OF MusxEco, a municipal corporation, of the State of Wisconsin, located in Waukesha County, hereinafter called the CITY. 'IHIS .AGREEMENT, made this 29 day of July, 1988 by and between hFE?EXS, the DEVELOPEX and the CITY have entered into an agreement UImsFcZI On the 30 day of July 1987 for the developnent of a Certified Survey Map: and, WEE-, the DEVELOPEX and the CITY now vish to mDdify =ION V. of the Subdividers covenants; Wd, THEREFORE, the parties hereto agree to motify said SECTION V to read as follows: desc:ibed in Section I, Itens -9 and 3 hereof, against defects due to faulty materials or worknamhip provided that such defects appear within a period of one (1) year fran the date of deciication and acceptance. Whereas the Developer Drive the guarantee against defer3 due to faulty materials or wor)ananship for the final surface course tetiieen stations 2+13 and 5+38 will extend for a period of two (2) years fran the da- of dedication and acceptance. The Bveloper shall guarantse the roadway and sanitary sewer impravenents The Developer shall pay for any ages to City property resulting fran faulty materials or vor"KE.hip. IN KWES.5 WH.EXEOF, the Developer City have caused this Agreeuent to hereunto affixed in duplicate original counterparts the day and year first be signed by the appropriate individuals and officers and their Seals to be above vritten. Richard A. Zach CITY OF MUSKEGO v Wayne G.. Salentine, Uayor