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Resolution No. 86-106 CITY OF TIGARD, OREGON RESOLUTION No, 86— A RESOLUTION CONDITIONALLY ACCEPTING PUBLIC IMPROVEMENTS KNOWN AS BRITTANY SQUARE III SUBDIVISION PUBLIC IMPROVEMENTS. WHEREAS, the City executed a Subdivision Compliance Agreement dated Tune 7th, 1985, with Century 21 Properties 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 installation 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 City, 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 to assure that all remaining performance items are 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 Clu existing public improvements for Brittany Square III Subdivi--ion, subject to: 1) Continuation of $11,786.00 of the pre—existing public improvement performance bond, in full force and effect, to assure final installation of sidewalks, and the street overlay. t f RESOLUTION N0. Page 1 2) Correction of any defective work and continued maintenance for a period of one year; a satisfactory maintenance bond having been submitted therefore. AND, also, the Tigard City Council hereby authorizes Mayor and City Recorder to execute a latter providing for release of $48,179.00 of the pre-existing performance bond. PASSED: This _:77r"' day of _C ter= 1966. ayor, City of Tigard ATTEST: ' Acting City Recorder, City of Tigard mj/5 t' i I �l RESOLUTION NO. 86-LO a page 2