Resolution No. 86-14 CITY OF TIGARD, ORE))G�ON//
RESOLUVION NO. 86-LZ
RESOLUTION TO AUTHORIZE RELEASE OF. COMMITMENT FUNDS FOR PENN LAWN ESTATES
SUBDIVISION.
WHEREAS, the City of Tigard, Oregon. has executed a Compliance Agreement for
development of a subdivision known as Penn Lawn -et er fuCommitment, (copy
accepted a Performance Bond in the form of a 1_etter
attached hereto as Exhibit "A"), to assure completion of installation of
; and,
certain public improvements therein
l to
WHEREAS, said documents provide for the City Counciconpletitn of i installation partial
full re lease of commitment monies Spun satisfactory
of said improvements;
WHEREAS, the Council deems that a pariialrelease d noted Exhibit "B'=osaid monies is warranted
at this time 'in accord with the attached ,ummary'
NOW, THEREFORE, BE !T RESOLVED by the Tigard City Council that:
mann, hereby authorize the Mayor and City Recorder to
The City of Tigard, authorize
of Commi.tn:ent Monies previously
execute a letter p
roviding for partial re..=.--�
set aside for Penn Lawn Estates Subdivision in the sum of $3.9`'L'a'''
��,-, 198b.
PASSED: This _f�0es day of
yor - City of Tigard
1-TEST
R2
eFuty City
corderCity of-Tigard
(JH:bs/Z1R8P)
RESOLUTION NO. 8b-
Page 1
t
46 �-
LETTER OF COM1ITM..NT
(Performance Bond)
We have received from lJ shington rederal Savings 6 Lunn Assoc(.lending instic
a Loan commitment in the amount of $_11 2 ,S5 , to finance the improve
of a subdivision located in the City of Tigard, said subdivision being comms
n
knowas Penn Lawn Estates . This loan commitment is specifically for
structiun purposes for: or $ 71,529.55 of the aforsaid tc
commitment has been allocated for construe[ion purposes for: (strike pre sec
inapplicable part) 1) public streets, including driveways, aprons, sidewal'.
tigMzing and curbs 2) sanitary and storm sewers 3) domestic water 4) ,
ground telephone,and power and street lighting. All such improvement-
to be completed in conformity with City approved construction plans and the
division compliance agreement thereinregard.
have agreed that disbursements of the $ 7/SZ1,5L, will be made in accord 4+itt
following schedule upon completion of each, or all, its (s); bur not includ
hold—back described below.
ITEM AMOUNT
Streets 40,699.85
Sanitary sewer 6 appurtances 17,376.00
Storm Sewer 6 appurtances 4,114,20
Nater Line & appurtances 4,398.50
QC-i@C7&CX£�}t#5
Underground Telephone b Electrical & Lighting, 4,941.00
q��19t} `4f;3 jK`.Av,3L'Q'S�6(
SZC}I7h�{$4YSS1f filz
We have entered into a "Subdivision Compliance Agreement" whereby we have
agreed to install all improvements in accordance with the requirements of th,
City of Tigard and we are hereby authorizing you to hold the above—stated t,
to pay them to us only when the following has been adhered to:
That the City of Tigard has provided certification
acknottledging completion of any or all work pursuant
to the above itemized schedule of improvements.
Pursuant to the above schedule, 20% of the cvssaitment.funds (i.eoo $14 05.!
Will—be hold back khrough.the normal one year guarantee period or until fin,
City Acceptance of the project takes place or until the City is provided vii
bond, effective for said one year period from, the dai
r
i`
Page 2
Letter of Commitment
Concurrenr. with the final release of these funds, establishment proceedings will
be instituted.
Itis understood and approved by all parties of concern to this letter of commit,
that the City of Tigard shall tiave first clai¢ and priority to the sum of $71 .52
less disbursements approved by the City of Tigard, in the event of any defect s
failure(s) to correct such in the construction of the required improvements.
It is further understood and agreed that the aforsaid priority of claim is
paramount to all parties inclueli.ng the lending institution making the loan and
that the lending institution has covenanted and agreed that the sum of $7!.529.5:
less disbursements approved by the City of Tigard shall be held available to
satisfy any a£ormentioned claim by the City notwithstanding default on loan by
borrowing party or termination of loan by lending institution-
lei
DATE: 7711Grxr ? 4), 6! 13.1` Sincerely yours,
Arthur & sociates 1
Approved and Accepted: by.
J,czlil
(Lenditi Institution)-.
BY: � Nom` (Attach notary information a=
itle �AES1�c� signatures) authority)
11�,t E
:z
EXHIBIT "8"
SUMMARY
RE: Penn Lawn Estates Subdivision; Performance Bond Reduction Request 112.
i
LETTER OF CREDIT (BOND) REQUIRED HOLDBACK RELEASABLE
ITEM AMOUNT MAINTENANCE* INCOMPLETE ITEM ! COMPLETE ITEM
Street $27,162.60 $ 5,432.52 j
w
San. Sewer 17,376.00 ( 3,475.20 t
Storm Sewer 4,114.20 822.84 !
i
Water Line 4,398.50 � 879.20
i
U.G. Tel/Elect. 3,191.00 638.20 j 2,552.80
Walks/Aprons 7,875.00 7,875.00
!! 1
c
A.C. Overly 5,662.25 5,662.25 i
Lighting 1,750.00 350.00 1,400.00
TOTALS - $11,598.46 $13,537.25 $ 3,952.80
*Required witMholdi.ng for one year guarantee period assurance.
(JH:bs/2148P)