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Resolution No. 86-07 t ' CITY OF TIGARD, OREGON RESOLUTION NO. 86-� RESOLUTION TO AUTHORIZE_ RELEASE OF COMMITMENT FUNDS FOR SHADOW HILLS II SUBDIVISION. WHEREAS, the City of Tigard, Oregon, has executed a Compliance Agreement for development of a subdivision known as Shadow Hills II Subdivision and has accepted a Performance Bond in the form of a Letter of Commitment, (copy attached hereto as Exhibit "A"), to assure completion of installation of certain public improvements therein; and, WHEREAS, said documents provide for the City Council to authorize partial or full release of commitment monies upon satisfactory completion of installation, of said improvements; and WHEREAS, the Council deems that a partial release of said monies is warranted at this time in accord with the attached "Summary" denoted Exhibit "B". NNW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: The City Council authorizes the Mayor and City Recorder to execute a letter Providing for partial release of Commitment Monies, previously s--'t aside for Shadow Hills II Subdivision, in the sum of $5,520.00. PASSED: This Tn da of, y %z. 1886. yo - City of Tigard ATTEST: r- �DePuly \�' f J l �Cfty Recorder -- City of Tigard DRS:bs13 RESOLUTION NO. Page 1 9 CXHIf;1T A LETTER OF COMMITMENT (Performance Bond) We have received from C_c+lumhia FoA!3 al Ca �__,_ (lending institution) a loan commitment in the amount of $ 630,000_00 4 , to finance the improvements of a subdivision located in the City of Tigard, said subdivision being commonly known as Shadow Hills II This loan commitment is specifically for con- struction purposes for: or $ ,181 431i- nn of the aforsaid total commitment has been allocated for construction purposes for; (strike preceeding inapplicable part) ? public streets, including driveways, aprons, sidewalks, lighting and curbs 2) sanitary and storm sewers 3) domestic water 4) under- ground telephone and power 4) gas 5)X)QXK a')PXMgC. All such improvements are to be completed in conformity with City approved construction plans and the sub- division compliance agreement thereinregard. We have agreed that disbursements of the $181,435WPbe made in accord with the following schedule upon completion of each, or all, item(s); but not including the hold-back described below. ITEM. AMOUNT Site Preparation/Grading _ 20,275.00 Concrete Curb _ 9,680_00 Street: (base rock, leveling rock, base A.C.) 24,360.00 Sanitary Sewer 5 appurtances 41,596.00 Storm Sewer & appurtances 25,065.00 Water Line d appurtances 19,919.00 Gas Line 6 appurtances _ No Charge Underground Telephone 6 Electrical 3,000.00 Concrete Sidewalk & Driveway Aprons _ 22,000.00 Asphalt (street overlay) 8.640 00 Street Lighting 6,900_00 Miscellaneous (pathways, landscaping, mailbox clusters, etc.) None We have entered into a "Subdivision Compliance Agreement" whereby we have agreed to install all improvements in accordance with 'the requirements of the City of Tigard and we are hereby authorizing you to hold the above-stated funds to pay them to us only when the following has been adhered to: That the City of Tigard has provided certification acknowledging completion of any or all work pursuant to the above itemized schedule of improvements. Pursuant to the above schedule, 20$ of the commitment funds U.e., $36,287.00) will be held back through the normal one year guarantee period or unil final City Acceptance of*the project takes place or until the City is provided with a separate maintenance bond, effective for said one year period from the date of Council tentative acceptance of the work, to assure continued freedom from defects, and maintenance, during the guarantee period. ease s Letter of Commitment T r Concurrent with the final release of these funds, establishment proceedings will i be instituted. It is understood and approved by all parties of concern to this letter of commitment I that the City of Tigard shall have first claim and priority to the sum of $18143S.00 less 9isbursements approved by the City of Tigard, in the event of any defect(a /or failure(s)'to correct such in the construction of the required improvements. t. It is further understood and agreed that the aforsaid priority of claim is paramount to all parties including the lending institution making the loan and i that the lending institution has covenantal and agreed that the sum of $181,435.00 i less disbursements approved by the City of Tigard shall be held available to t� satisfy any aformentioned..zi4x'.m by.the,,Cit_,r"'ogtwithatanding...default on loan:,by 3 borrowing party or termination of loan b3 lenAing institution. l DATE: Since ly yours, / D ris L. Derby Approved and Accepted: COLUMS (Lending I� ut n) BY: (Attach notary information and P T' lesignatures) authority) is./a. ILANKO VICE PRESIDENT ` �ACKNOWLBO6ME�lT—cowro wwT�o r,.TwTuio-- ®) STATE OF WAS11INGTON County of Chelan On this 19 day of f 3Oly ,19-15 before me personally appeared 5i artko Vice .Fresidentand --------- IMM.NFofthe Columbia Federal Savings Bank the corporation that executed the within and foregoing instnimenL,and acknowledged the said instrument to be the free and voluntary acts and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that they were authorized to exocute::aid instrument,and that the seal affixed is the corporat`seal of said corporation: IN WITNESS WHEREOF,I have hereunto set my hand ar,4 affixed my official seal the day and year first above writ Notary Public in d fo&Ke State of Washington,residing at Wennt .he- m said County. My Gommi=on expires ....._................... EXHIBIT' "B" SUMMARY RE: Shadow Hills II Subdivision; Performance Bond Reduction Request #3, LETTER OF CREDIT (BOND) REQUIRED HOLDBACK RELEASABLE ITEM AMOUNT MAINTENANCE INCOMPLET-E tTEM COMPLETE ITEM Site Prep/Grading $20,275 $ 4,055 $ $ Conc. Curb $ 9,680 $ 1,936 $ $ Street $24,360 $ 4,872 $ $ San, Sewer $47.,596 $ 8,319 $ $ Storm Sewer $25,O65 $ 5,013 $ $ Mater Line $19,919 $ 3,984 $ $ Gas Line $N C $ $ $ U.G,Tel/Elect. $ 3,000 $ 600 $ $ Walks/Aprons $22,000 $ 4,400 $17,600 $ A.C. Overlay $ 8,640 $ 1,728 $ 6,912 $ Lighting $ 6,900 $ 1,380 $ $5,520 Misc. $N A $ $ $ TOTALS $181,435 $36,287 $Z-i,512 $5,520 -Required whitholding for one year guarantee period asurance. JH:bs7 j