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May 23, 2024 Bryan AnDyke, Land Development Project Manager Lennar Northwest, LLC 11807 NE 99th Street, Suite 1170 Vancouver, WA 98682-2350 RE: Smith Creek Planned Unit Development (PUD; Tax Lot 052W130000110) Subdivision Final Plat application to City (FSUB 22-01): Approval of Bond for Street Trees along Lots & a Private Common Area Tract Playground (Tract BC) Dear Mr. AnDyke: This is the bond approval letter for a construction performance bond for Smith Creek Planned Unit Development (PUD) Phase 4A / (plat “Smith Creek P.U.D. No. street trees and a private common area tract playground, the enclosed marked landscape plan Sheet 4 illustrating the playground. ---PAGE BREAK--- Bond Approval Letter for Common Area Improvements 5/23/2024 Smith Creek 4A Street Trees and Tract BC playground – FSUB 22-01 Page 2 of 3 Approved landscape plans Sheet 4 excerpt – Tract BC – Private playground Enclosure 8 is the bond titled “Subdivision Performance Bond” and is Hartford Fire Insurance Co. Bond No. 72BSBJE0661 that the developer, Lennar Northwest, LLC of Oregon dated March 5, 2024 and submitted to the City on May 17, 2024. The amount is $85,076.91 based on Enclosure 4, the applicant’s cost estimate for the street trees. Enclosure 9 is the bond titled “Subdivision Performance Bond” and is Hartford Fire Insurance Co. Bond No. 72BSBJE0660 that the developer, Lennar Northwest, LLC of Oregon dated March 5, 2024 and submitted to the City on March 8, 2024. The amount is $202,902.51 based on Enclosure 9, the applicant’s cost estimate for the playground. The developer requested bonding to address land use final order Condition G2 by first recording final plat and second constructing, installing, or planting the private common area tracts improvements to be bonded. The Community Development Director authorized accepting a bond request for review and staff approving the requested bond for street trees and the common area Tract BC playground improvements. Bond approval is administrative and discretionary. Below are bond conditions of approval: Condition B1: The bonded improvements 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 4A / plat Smith Creek P.U.D. No. 8; 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 4A / plat Smith Creek P.U.D. No. 8 until having met Condition B1. ---PAGE BREAK--- Bond Approval Letter for Common Area Improvements 5/23/2024 Smith Creek 4A Street Trees and Tract BC playground – FSUB 22-01 Page 3 of 3 Regarding inspection requests and for planning and zoning inspection in particular, Planning Division staff reminds the developer of final decision Note to the Applicant 9: “Inspection: The applicant shall construct, install, or plant all improvements, including landscaping, prior to City staff verification. Contact Planning Division staff at least three City business days prior to a desired date of planning and zoning inspection of site improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. Note that Planning staff are not primarily inspectors, do not have the nearly immediate availability of building inspectors, and are not bound by any building inspector’s schedule or general contractor convenience.” With this bond approval (and other outstanding items to be met), the Community Development Director would be ready to sign the plat 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 assent to the Director signing. Please contact me at (503) 980-2485 or [EMAIL REDACTED] with questions. Sincerely, Colin Cortes, AICP, CNU-A Senior Planner cc: Cole Conley, Lennar Chris Killmer, Assistant City Attorney Chris Kerr, Community Development Director Heidi Hinshaw, Associate Planner Cassandra Martinez, Administrative Specialist, Community Development Dept. Alyssa Nichols, Permit Technician Curtis Stultz, Public Works Director Dago Garcia, P.E., City Engineer Enclosures 1. Landscape plans (October 5, 2023; 2 sheets) 2. Bond narrative (received February 15, 2024) 3. Bond request form revised (received February 15, 2024; 2 pages) 4. Exhibit - Street trees cost estimate (received February 15, 2024) 5. Exhibit - Street trees marked Sheet L1.0 (received February 15, 2024) 6. Exhibit – Playground site plan (received February 13, 2024, 2024) 7. Exhibit – Playground cost estimate (received February 13, 2024; 3 pages) 8. Bond company paperwork - Street trees (received May 17, 2024; 2 pages) 9. Bond company paperwork - Playground (received March 8, 2024; 2 pages) file(s): FSUB 22-01 Smith Creek Development Phase 4A “Smith Creek P.U.D. No. 8” ---PAGE BREAK--- 141 143 142 144 145 LANDSCAPE PLAN L2.0 6 2677 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com 2667 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com SMITH CREEK - PHASE 4A TAX MAP 052W13-TL 112 WOODBURN, OREGON Smith Creek Condition G5 Final Plans: Phase 4A - Approved Oct. 5, 2023 Sheet 2 of 6 Enclosure 1 ---PAGE BREAK--- From: Bryan AnDyke To: Colin Cortes Cc: Chris Kerr; Dan Handel Subject: RE: Smith Creek 4A - Futsal and Park bond request [FSUB 22-01] Date: Thursday, February 15, 2024 11:56:45 AM Attachments: image002.png This email is from an EXTERNAL sender. Exercise caution when opening attachments or click links from unknown senders or unexpected email. Hi Colin, Item A: Due to supply chain delays that are out of the control of our supplier the lead time for park playground equipment was significant. These items have been paid for and ordered but the delivery and installation of the material is not possible until April. The intent of this request is to mitigate the lag in time from Mylar signing to building permit issuance, so the site does not sit vacant for 3-4 months like the previous phase 3A. The play structures are projected to be completely installed before the start of building our first home in this phase. Item B1: As required on the previous phase 3A, the intent of this request is to defer the installation of the street trees on our home frontages to the time of home construction. The purpose of this is to eliminate the damage/replacement of trees that would be caused during home building. Item B2: Included is an updated Landscape invoice with irrigation included (link below). The new subtotal is $56,717.94 @ 150% = $85,076.91 please confirm this amount is acceptable for the street tree bonding amount. Thank you very much for your help, I'm using Adobe Acrobat. Here's the Smith 4A street tree bond request 3.pdf for you to review. Bryan AnDyke Land Development Project Manager Lennar Northwest, LLC. [EMAIL REDACTED] www.lennar.com Cell: [PHONE REDACTED] Fax: [PHONE REDACTED] 11807 NE 99th Street, Suite 1170 Vancouver, WA 98682 From: Colin Cortes <[EMAIL REDACTED]> ---PAGE BREAK--- City of Woodburn Community Development Department Planning Division 270 Montgomery Street Woodburn, OR 97071 Phone: [PHONE REDACTED] Email: [EMAIL REDACTED] Visit the City of Woodburn Planning webpage for the most current forms and applications. City of Woodburn Planning Division Bond or Performance Guarantee Request Form: Page 1 of 2 Street Trees and/or Tract Landscaping – Rev. March 2023 Bond or Performance Guarantee Request Form: Street Trees and/or Tract Landscaping Project Name: Land Use Master/Parent Case File Number: Address(es), if applicable: Tax Lot Partition or Subdivision Plat Name, if applicable and recorded: Developer Name: Title: Phone: Firm: Mailing Address: Email: Civil Engineer Name: Title: Phone: Firm: Mailing Address: Email: Landscape Architect Name: Title: Phone: Firm: Mailing Address: Email: Smith Creek 4A (FSUB 22-01) Lennar Northwest, LLC. Bryan AnDyke - PM [PHONE REDACTED] 11807 NE 99th Street, Suite 1170, Vancouver WA 98682 [EMAIL REDACTED] Roy Hankins Principal [PHONE REDACTED] Emerio 1500 Valley River DR. Suite 100 Eugene Oregon 97401 Erin Holsonback Landscape Architect [PHONE REDACTED] Otten and Associates ---PAGE BREAK--- City of Woodburn Planning Division Bond or Performance Request Form: Page 2 of 2 Street Trees and/or Tract Landscaping – Rev. March 2023 Requested Item(s) to Bond: ڧ Street trees ڧ Tract landscaping: private common area tracts For all public improvements other than street trees, do not use this form. Contact the Public Works Department Engineering Division directly to ask about bonds, bonding, or performance guarantees for all other public improvements. Submittal Checklist: ڧ 1. Fee payment per any as applicable: ڧ A. Land use final decision document 200 series attachment conditioned fee for bond request ڧ B. Planning Division fee schedule ڧ C. City fee schedule It is likely that A. is the source of the applicable fee for a request. ڧ 2. Letter or narrative describing degree, extent, and nature of requested items to bond. ڧ 3. Maps or plans of street tree locations and/or tract landscaping from a civil engineering plan (CEP) drawing set that the Public Works Department Engineering Division approved or a landscaping plan set that the Community Development Department Planning Division approved. ڧ 4. Exhibit(s) of itemized items with cost estimates and total cost estimate, stamped by a licensed professional. ڧ 5. What terms of approval, if any, the developer would like City staff to consider. Certifications: I as developer: ڧ Have read and understood Woodburn Development Ordinance (WDO) 4.02.08 “Performance Guarantees”. ڧ Acknowledge that City acceptance, review, and approval of a bond or performance guarantee request is administrative, discretionary, and not guaranteed. ڧ Hereby declare that I have read the foregoing request form and know the contents of the request form to be true. Developer’s Signature Print Name Title Date Bryan AnDyke Project Manager 2/13/2024 ---PAGE BREAK--- Invoice Date 1/2/2024 Invoice # 24-002 Bill To Lennar, Inc. 11807 NE 99th Street, Suite 1170 Vancouver, WA 98682 Ship To Woodburn, Oregon S.N.O Landscape, LLC PO BOX 1010 Woodburn, OR 97071 Office: [PHONE REDACTED] Fax: [PHONE REDACTED] LCB# 9207 P.O. No. ROW Street Trees Terms Due on receipt Project Smith Creek Ph 4A Total Balance Due Payments/Credits Description Qty Amount 33 15,675.00 37 17,575.00 6,090 913.50 6,090 1,827.00 68 4,896.00 70 595.00 ROW Street Trees ROW Street Trees Adjacent to Lots on Eaden St. & Sifuentez Court - Carpinus betuls 'Frans Fontaine' / Frans Fountain Hornbeam 2" Caliper w/ 18" Root Barrier 12' ROW Street Trees Adjacent to Lots on Sawtelle Drive- Parrotia perica 'Inge' Ruby Vase / Ruby Vase Parrotia 2" Caliper w/ 18" Root Barrier 12' Soil Preparation, Till Soil 8" depth Fertilizer and Fine Grading Fine Lawn 3" Depth 3 Way Soil Amendment for Shrub Areas & Lawn Area 2-3" Depth Bark Mulch Rings SUBTOTAL = $,481.50 CAT Tax 236.44 $,717.94 $,717.94 $0.00 ---PAGE BREAK--- ---PAGE BREAK--- 141 143 142 144 145 LANDSCAPE PLAN L2.0 6 2677 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com 2667 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com SMITH CREEK - PHASE 4A TAX MAP 052W13-TL 112 WOODBURN, OREGON Smith Creek Condition G5 Final Plans: Phase 4A - Approved Oct. 5, 2023 Sheet 2 of 6 ---PAGE BREAK--- Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027-0109 Phone (425) 313-9161 FAX (425) 642-8117 Email: [EMAIL REDACTED] Thank you for considering Northwest Playground Equipment, Inc for your Park, Playground, Shelter and Sports Equipment requirements Page 1 of 3 QUOTE Quote # NM-10272023-00004538 To: Lennar Homes Date: 10-27-2023 Re: Smith Creek Phase 4A Quote Name: Lennar Homes - Smith Creek Phase 4A Bill To: 11807 Northeast 99th Street Suite 1170 Vancouver, WA 98682 Site Address: 1347 Smith Dr Woodburn, OR 97071 Name: Email: Bryan AnDyke [EMAIL REDACTED] Phone: Cell: [PHONE REDACTED] Item # Qty Description Price Total Price EQUIPMENT Playworld IHD-Playworld 1 IHD_667_23 Playworld Systems Structure Equipment: Including Rope Net Climber, Small Angled Climber, Large Angled Climber, Canyon Crossing 12" Rise, Spiral Slide, Storefront Panel, Slither Slide with Slide-A-Side Exit, Slither Slide Balcony Entrance, Post Mount Scavenger Hunt Panel, Post Mount Drum, Glide Slide, Geo Vertical Climber, 6' Catwalk, Rope Ascension, Ripple Bridge, Post Mount Bell, and Transfer Station with Step $55,708.00 $55,708.00 ZZXX0843 1 RISK MANAGEMENT SIGN $367.00 $367.00 ZZXX0914 1 CONE SPINNER DOUBLE DECKER $22,060.00 $22,060.00 Northwest Landscape Services Northwest Landscaping Services 1 140 Cubic Yards of Northwest Landscape Services Certified Engineered Wood Fiber Safety Surfacing (12in After Compaction) and for a 2,494 Square Feet Area. Price Includes, Freight and Blower Installation. NOTE: Semi-Truck Must Have Access to Unload Material On-Site. Typical Truck Size is 53' or Additional Charges May Apply $13,066.67 $13,066.67 Equipment Subtotal (less tax): $91,201.67 FREIGHT Playworld Freight $9,866.67 Equipment Total (less tax): $101,068.34 CERTIFIED INSTALLATION Playground Installation 1 Scope of Work: - Unload, store, and deliver to site when ready for installation - All labor and concrete material necessary for the installation of play equipment per drawings - Clean up and safety check Exclusions: $34,200.00 $34,200.00 ---PAGE BREAK--- Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027-0109 Phone (425) 313-9161 FAX (425) 642-8117 Email: [EMAIL REDACTED] Thank you for considering Northwest Playground Equipment, Inc for your Park, Playground, Shelter and Sports Equipment requirements Page 2 of 3 - Digging through drain rock or safety surfacing - Disposal of soil from footing holes - Security fencing - Storage of play equipment for more than 30 days (storage fees will be assessed after the 30 days) - Prevailing Wages Standard Installation Total: $34,200.00 Performance Bond (If Required): 3.0% Credit Card Fee (If Required): 3.5% Location Code: Resale Certificate Required for Tax Exemption: Tax: % $0.00 ORDER TOTAL: $135,268.34 Acceptance of Proposal: (Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote) The items, prices and conditions listed herein are satisfactory and are hereby accepted. Justin Patterson Sales Rep Customer Signature Date ---PAGE BREAK--- Northwest Playground Equipment, Inc. PO Box 2410, Issaquah, WA 98027-0109 Phone (425) 313-9161 FAX (425) 642-8117 Email: [EMAIL REDACTED] Thank you for considering Northwest Playground Equipment, Inc for your Park, Playground, Shelter and Sports Equipment requirements Page 3 of 3 Project Name: Smith Creek Phase 4A Quote # NM-10272023-00004538 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is only valid for 10 days. Orders placed or requested for delivery after 10 days are subject to Steel and Material price increases and Surcharges. Initial) It is the Buyer's responsibility to verify quantities and description of items quoted. Once your order has been placed, any changes including additions, deletions or color changes, will delay your shipment. EXCLUSIONS: Unless specified, this quote specifically excludes all of the following: Required Permits; Davis Bacon, Certified Payroll or Prevailing Wage fees Performance/Payment Bonds Site work and landscaping Removal of existing equipment Unloading; Receiving of inventory or equipment; Storage of equipment Equipment assembly and/or installation Safety surfacing; Borders or drainage requirements Landscaping Repairs DUE to poor access or in climatic weather FREIGHT AND DELIVERY: Shipping is FOB Origin. A 24-hr Call Ahead is available at additional cost. Delivery is currently 5+ weeks after order submittal. Unless otherwise noted, all equipment is delivered unassembled. Initial)Buyer is responsible to meet and provide a minimum of 2 ADULTS to unload truck A Check List, detailing all items shipped, will be mailed to you and a copy will be included with the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List. Initial)Shortages or damages must be noted on the driver's delivery receipt. Shortages or damages not noted become the buyers financial responsibility. Damaged Freight must be refused. Please notify Northwest Playground Equipment immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconsignment fee will be charged for any changes made to delivery address after order has been placed. TAXES: All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reseller Permit is on file at the time the order is placed. PAYMENT TERMS: An approved Credit Application is required for new customers. 50% down payment is due at time of order with balance due upon delivery, unless other credit terms have been approved. Interest may be charged on past due balances at an annual rate of 18%. A 3% charge will be added to all credit card orders. RESTOCKING: Items canceled, returned or refused will be subject to a minimum 25% restocking fee. All return freight charges are the responsibility of the Buyer. MAINTENANCE/WARRANTY: Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only; labor is not included. Northwest Playground Equipment offers no additional warranties. Maintenance of the equipment and safety surfacing is the responsibility of the customer. Any unauthorized alterations or modifications to the equipment (including layout) will void your warranty. INSTALLATION: (if applicable) A private locate service for underground utilities must be completed before your scheduled installation. Site must be level and free of loose debris (this includes ground cover/chips). A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor. An onsite dumpster must be provided for disposal of packaging materials. Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area. Arrangements must be made in advance for the removal/disposal of existing equipment. Additional charges may apply if large rocks or concrete are found beneath the surface. Access to power and water must be available. Site supervision is quoted in 8-hour days. Acceptance of Terms & Conditions: Acceptance of this proposal, made by an authorized agent of your company, indicates agreement to the above terms and conditions. Justin Patterson Sales Rep Customer Signature Date ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---