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Resolution No. 86-105 6 CITY OF TIGARD, ORE ON RESOLUTION NO. 86 105 - A RESOLUTION CONDITIONMLLY ACCEPTING_. PUBLIC TMPROVEMENTS KNOWN AS WINDSOR PLACE SUBDIVISION PUBLIC IMPROVEMENTS. WHEREAS, the City executed a Su�,division Compliance Agreement dated November 25, 1985, with Howard-Kim Inc. to facilitate installation of subdivision improvements to specified standards and specifications; and WHEREAS, said Compliance Agreement stipulated that: "At such time as all public improvements except sidewalks and street trees within the subdivision have been completed in accordance with the City's requirements, Petitioner shall submit a "certificate of installatiun conformance" to the City to notify the City of readiness for• (conditional) acceptance inspection and, then upon notification by the Department of Community Development that the requirements of the City have been met, the Petitioner will submit to the City a good and sufficient guarantee bond, if not already provided with the performance bond, form approved by the Citv, to provide for correction of any incomplete work or any defective work or maintenance becoming apparent or arising within one (1) year after conditional acceptance of the public improvements by the City"; and "Upon receipt of certification from the Department of Community Development that all requirements have been met, and a One Year Guarantee Bond, the City Council agrees to conditionally accept the public improvement subject to the requirement of (completion of all work and) correction of deficiencies and maintenance for a period of one year"; and WHEREAS, said Certification has now been received, subject to correction of hereinbelow listed deficiencies; and WHEREAS, Petitioner has indicated a desire to continue the necessary assurance portion of the existing public improvement performance bond in full force and effect until all performance items have been installed and has submitted a separate maintenance bond to facilitate release of existing maintenance hold back monies from said performance bond; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: The Tigard City Council hereby accepts the existing public improvements and the maintenance bond for Windsor Place Subdivision , subject to: 1) Continuation of $32,006.70 of the pre-existing public improvement performance bond in full force and effect, to assure final installation of sidewalks, street overlay, pathway and seeding. 2) Correction of any defective work and continued maintenance for a period of one year. RESOLUTION NO. 85-� Paqe 1 AND, also, the Tigard City Council hereby authorizes the Mayor and City Recorder to execute a letter providing for releaase of $38,833.99 previously set aside for maintenance of the existing improvements, a satisfactorily maintenance bond having been submitted in lieu thereof. PASSED: This _ day of >L o 1986. ^? /i l r✓ /mayor, City of Tigard ATTEST•1 l .—A&fing City Recorder, City of Tigard mj/5 RESOLUTION NO. 86—_IC1" Page 2