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April 11, 2022 Bryan AnDyke, Land Development Project Manager Lennar Northwest, Inc. 11807 NE 99th Street, Suite 1170 Vancouver, WA 98682-2350 RE: Smith Creek Phase 4B (Tax Lot 052W130000109) Subdivision Final Plat application to City (FSUB 21-03): Approval of Bond for Private Common Area Tract AK Improvements Dear Mr. AnDyke: This is the bond approval letter for a construction performance bond for Smith Creek Development Phase 4 (plat “Smith Creek P.U.D. No. open space shelter and amenities, specifically on private common area Tract AK (351 Yvonne St), which is at the northwest corner of Yvonne Street & Lana Drive, the improvements circled in red on the Enclosure 3 marked site plan Sheet L4.0. Land use final order Exhibit C-4 excerpt Enclosure 2 is the bond is titled “Subdivision Performance Bond” and is Liberty Mutual Insurance Co. Bond No. 024259975 that the developer, Lennar Northwest, LLC of Delaware dated March 8, 2022 and submitted to the City on March 29, 2022. The amount is $220,772.00, based on Enclosure 1, the applicant’s bond request letter with cost estimates. ---PAGE BREAK--- Bond Approval Letter for Common Area Improvements 4/11/2022 – Smith Creek Phase 4B Tract AK – FSUB 21-03 Page 2 of 3 Excerpt of Enclosure 3, the marked site plan Sheet L4.0 of bonded circled improvements One of the bonded improvements, the shelter, is under building permit review. The Accela/ePermitting record number and permit number is 971-22-000056-STR. The developer requested bonding to address land use final order Condition G2 by first recording final plat and second constructing and installing the private common area improvements to be bonded. The Community Development Director authorized accepting a bond request for review and staff approving the requested bond for the common area Tract AK improvements. Bond approval is administrative and discretionary. Below are bond conditions of approval: ---PAGE BREAK--- Bond Approval Letter for Common Area Improvements 4/11/2022 – Smith Creek Phase 4B Tract AK – FSUB 21-03 Page 3 of 3 Condition B1: The bonded improvements, per Enclosure 3, are due by whichever occurs first: a. The date of first request to the City for a final inspection related to any dwelling building permit within Phase 4B / plat Smith Creek P.U.D. No. 6; or b. The arrival of November 14, 2025, based on land use final order Condition SUB-1, Table SUB- 1 “Platting Schedule”, pages 51 & 52. Condition B2: The developer shall not obtain a certificate of occupancy (C of O) for any dwelling within Phase 4B / plat Smith Creek P.U.D. No. 6 until having met Condition B1. Regarding inspection requests and for planning and zoning inspection in particular, Planning Division staff reminds the developer of final order Note to the Applicant 12: “Inspection: Prior to building occupancy, all landscaping and screening must be installed and prior to City staff verification. Contact Planning staff at least three City business days prior to a desired date of planning/zoning inspection of site improvements. This is separate from and in addition to the usual building code and fire and life safety inspections.” With this bond approval, the Community Development Director is ready to sign the Mylar, which would allow the developer to record the plat with Marion County within 30 days per Woodburn Development Ordinance (WDO) 5.01.06C.1, upon City Engineer clearance for the Director to sign. Please contact me at (503) 980-2485 or [EMAIL REDACTED] with questions. Sincerely, Colin Cortes, AICP, CNU-A Senior Planner cc: Chris Kerr, Community Development Director Cassandra Martinez, Administrative Specialist, Community Development Dept. Melissa Gitt, Building Official Alyssa Nichols, Permit Technician Dago Garcia, P.E., City Engineer Enclosures 1. Applicant’s bond request letter (February 16, 2022; 3 pages) 2. Bond company paperwork (2 pages) 3. Marked site plan Sheet L4.0 of bonded circled improvements file(s): FSUB 21-03 Smith Creek Development Phase 4B “Smith Creek P.U.D. No. 6” (Tax Lot 052W130000109); Accela record no. 971-21-000086-PLNG ---PAGE BREAK--- Page 1 of 3 Bryan AnDyke, Land Development Project Manager Lennar NW , LLC 11807 NE 99th Street Suite 1107 Vancouver, WA 98682 February 16, 2022 Chris Kerr, AICP, Community Development Director City of Woodburn 270 Montgomery Street Woodburn, OR 97071-4730 Dear Mr. Kerr: This is Lennar NW, LLC’s Official Request to the City to allow a bond or performance guarantee in-lieu-of private improvement completion in common area open space tracts to be owned by the homeowner’s association in Smith Creek Phase 4B (aka Smith Creek P.U.D. No. See the responses below to WDO 4.02.08 Performance Guarantees where it is demonstrated that the City may approve this request. 4.02.08 Performance Guarantees A. When an applicant has an obligation to construct or improve public facilities or to construct improvements imposed as a condition of approval, the obligation shall be fulfilled prior to the issuance of a building permit unless the City Administrator has granted a written waiver of this requirement and the applicant has filed with the City Administrator a performance guarantee. The performance guarantee shall state the nature of the obligation, the time in which the obligation is to be met, identify the property subject to the obligation and contain security in a form acceptable to the City Administrator and in an amount equal to 120 percent of the cost of fulfilling the obligation as estimated by the City Administrator for the year in which fulfillment of the obligation is anticipated. A sufficient performance bond, cash deposit or a letter of credit are considered acceptable forms of security. Return of the security to the applicant shall be conditional upon the applicant fulfilling the obligation. Applicant’s Response: These are not public improvements that are proposed to be bonded. These are the voluntary private improvements planned to be installed: Bond Approval Letter Enclosure 1 ---PAGE BREAK--- Page 2 of 3 A shelter in Tract AK. (building permit 971-22-000056-STR) A Dog Park in Tract AK. It is anticipated the obligation will be met in prior to July 2022, in less than one year from the issuance of the bond. The Dog Park should be completed in less time. The Shelter should be completed in 4 months. The anticipated cost of the improvements in 2022 are as follows: Shelter: $70,000 Dog Park: $40,386 Total: $110,386 Building permits may be issued when the plat records. The plat cannot record until the conditions of approval are met, which the City has determined includes installing these improvements. The shelter and dog park materials are not available for about six months due to delays related to COVID restrictions and material shortages. It is not possible to complete these improvements in the near term to meet conditions of approval to allow the plat to record in a timely fashion. It is therefore requested the City Administrator grant a written waiver and accept the filing of a performance guarantee for these improvements so the plat can be recorded and building permits can be released. The guarantee which will be provided by the developer for these voluntary improvements is proposed to be 200% of the above total estimated costs in excess of the 120% required by this code section and therefore sufficient to ensure their installation, and the amount is equal to: $220,772. B. As an additional and separate part of the performance guarantee, the applicant shall agree to maintain the public facility or improvement for a period of one year following acceptance by the City Administrator, to include but not be limited to repair, replacement and all things necessary to ensure its operational integrity. Applicant’s Response: The Applicant understands this requirement to maintain these improvements. C. The security shall be forfeited to the City if the applicant does not fulfill the requirements stated in the performance guarantee and the City may use the security to complete the obligation or any part of it. Until the obligation is completed, the security shall remain in the custody of the City or shall be placed in an escrow account subject to City control. Applicant’s Response: The Applicant understands this obligation. D. Upon receipt of written notice to the City Administrator that the public facility or required improvement has been completed and is ready for final inspection and acceptance, the City Administrator shall, with ten calendar days, make such inspection. If the City Administrator finds the ---PAGE BREAK--- Page 3 of 3 work to be acceptable, there shall be issued a final certificate stating the work has been completed and accepted. E. If the City Administrator determines that an applicant has failed to fulfill the obligation to complete the public facility or required improvement, written notice shall be given detailing the failure and stating the City’s intention to use the security given to complete the obligation. If the City completes the obligation and the required security is not sufficient to compensate the City for costs incurred, the excess amount due to the City, plus a ten percent administrative charge, shall constitute a lien in favor of the City upon the real property subject to the obligation. F. The lien attaches upon entry in the City lien docket and the giving of notice of the claim for the amount due for the completion of the obligation. The notice shall demand the amount due, allege the insufficiency of the bond or other security to compensate the City fully for the cost of the fulfillment of the obligation, and allege the applicant’s failure to complete the required obligation. G. Once docketed, the lien may be foreclosed in the manner prescribed by ORS Chapter 223 for foreclosing liens on real property. Applicant’s Response: The Applicant understands these procedures. 5.01.06 Partition and Subdivision Final Plat Approval B. Criteria: 1. That all public facilities required by the preliminary approval are designed to City standards and either constructed and accepted by the City or covered by the performance guarantee (Section 4.02.08). 5.01.07 Planned Unit Development (PUD), Final Plan Approval B. Procedure: 2. The Director shall determine that all public facilities are designed to City standards and either constructed and accepted by the City or covered by the performance guarantee (Section 4.02.08). WDO Section 5.01.06.B.1. and WDO Section 5.01.07.B.2 quoted above are not applicable to this request as they only require this for public facilities. None of the items addressed by this request are public. Upon approval of this request and subsequent delivery of the performance guarantee, the applicant desires the City to approve the plat mylar upon meeting the other requirements of the final plan not covered by a performance guarantee. ---PAGE BREAK--- Bond Approval Letter Enclosure 2 ---PAGE BREAK--- ---PAGE BREAK--- 48 28 30 27 29 33 35 32 34 36 37 42 45 43 50 39 41 40 52 38 54 55 53 56 46 49 47 51 LANDSCAPE PLAN L4.0 7 2677 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com SMITH CREEK - PHASE 4B TAX MAP 052W13-TL 112 WOODBURN, OREGON Smith Creek Condition G5 Final Plans: Phase 4B - Approved Nov. 15, 2021 Sheet 4 of 7 Bond Approval Letter Enclosure 3