CCR2017007-Improvements-Aster Hills
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #007-2017
DEDICATION OF PUBLIC IMPROVEMENTS
FOR ASTER HILLS ESTATES
WHEREAS, HBT of Aster Hills Estates LLC (Developer) in accordance with the Aster Hills Estates
Subdivider’s Agreement, hereby, without charge to the City of Muskego (City), gives, grants, conveys
and fully dedicates to the City on behalf of and for the benefit of the public for public use the public street
improvements on Boxhorn Drive, Bonningale Court, Aster Hills Court, Lindley Court, Ballard Court,
Upland Lane and Harrington Court, and asphalt surface course of paving, free and clear of all liens and
encumbrances; and
WHEREAS, the Developer has completed the construction and installation of the
following improvement:
Paving
15,596 SY at $5.35/SY of 1.5” Asphaltic concrete surface course (Type E-0.3, 9.5mm).
Total – Paving (Final Lift of Asphalt Only) $83,438.60
in accordance with the provision of Chapter 18 of the Municipal Code of the City of Muskego,
and the City Engineer has certified the system acceptability; and
WHEREAS, the Developer has completed the installation of the asphalt surface course
per the Subdivider’s Agreement, and such installation has meet all City requirements; and
WHEREAS, it is the Developer’s intent to, without charge to the City, unconditionally
give, grant, convey and fully dedicate the asphalt surface course to the City, free and clear of all
encumbrances; and
WHEREAS, the Developer shall provide a one (1) year guarantee from the installation
completion date of the asphalt surface course which was October 15, 2016 and such guarantee
shall not require a financial commitment during the guarantee period by the Developer; and
WHEREAS, all other Public Improvements had been previously dedicated and accepted
by the City with Resolution #002-2016; and
WHEREAS, the Developer has guaranteed all Improvements previously dedicated
against any defects due to faulty materials or workmanship which appear within a period of 14
months from the date of substantial completion (which was the date of installation of the binder
course of asphalt, October 2015) and has paid for any damages resulting therefrom to 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 such
guarantee shall terminate on January 12, 2017 under the terms of Resolution #002-2016 and the
Subdivider’s Agreement; and
Resolution #007-2017 2
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 in and for the Aster Hills Estates Subdivision and
hereby releases Subdivision Bond #285050381 in the amount of $318,707.28 accordingly.
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DATED THIS 24 DAY OF JANUARY, 2017
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #007-2017 which was
adopted by the Common Council of the City of Muskego.
_____________________________
Sharon Mueller, City Clerk-Treasurer