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HomeMy WebLinkAboutCorrespondence Miscellaneous 8/28/2006 . . Page 1 of I DONOVAN James From: Mark Vukanovich [mark@suntrustland.comj Sent: Monday, August 28, 2006 3:55 PM To: DONOVAN James Cc: 'Lindsey Taft'; GRILE Bill Subject: Mountain Gate Recording' Attachments: Donovan Letter Plat req..doc Jim, please see the attached letter that we have been discussing. I hope this addresses your concerns. As you know, we are very eager to get our plat recording. Thanks for your attention on this matter. Call me if there is anything you would like to discuss prior to our Wednesday meeting. I have mentioned to various individuals at both the planning department and public works over the last 8 months that because they are requiring a bond to get started on the infrastructure that we would require the site to be recorded early due to the fact that we have a bond in place. I have not heard anything on the contrary from Public Works that they would not be supportive on this. For this reason and for just trying to be somewhat efficient, I went ahead and submitted one plat for phases 4A, 4B and 4C for one recording. Griles assured me that Planning is the authority to sign off on the plat and that he was okay with the plat being recorded with a bond in place assuming that any other issues can reasonably be worked out. I cannot think of any issues that should be a problem. I look forward to discussing with you in greater detail and if you feel that there are others in Public Works that should attend the meeting, please invite them along. Thanks Jim, Mark. Mark Vukanovich 780 NW York Drive, Suite 204 Bend, OR 97701 (541) 312-9640 - Office (541) 350-1060 - Mobile (541) 312-9641 - Fax Please make note of my new email address: mark(1i)suntrustland.com 'dTh' .p;- SunTrust LAr-;f)(O!\m\~~YU_C Date Retlelved: g, n ~ D b Planner; .> ~ ~ lo--P& 8/29/2006 . . City of Springfield Mr. Jim Donovan Via: Email RE: Recording of MountainGate West Dear Jim: S~nTrust Land Company, LLC has been working through for the last two to three months with the Surveying Departments at both the County and City to get our plat ready for recording. We believe that we will have all the plat details completed and accepted by the end of this week. SunTrust was required to submit a bond prior to starting coristruction of Phases 4A, 48 . and 4C (Officially being platted as MountainGate West). That bond is in place to guarantee that the required improvements will be completed. Typically, this type of Performance Bond is given to a Jurisdiction in order to get a plat recorded prior to all the improvements being accepted by said Jurisdiction. In this case, we have a,bond somewhere in the range of three million dollars. I believe that this bond should allow us to record the plat, but I wanted to let you know where we are currently at with the remaining improvements to be completed. In addition, this letter will outline our expected limitations that the City may place on the developnlent and the disclosures that we will give to lot buyers. WATERLINE: My understanding is that Alberts has submitted a bond for the waterline and it was to be completed per my agreement with the McDougal's by September I, 2006. Eugene Sand and Gravel has been contracted to do that work and they have given me a date of completion of the third week of September. That would include all the water in Phase 4A (lots 1-49). The waterline should be completed well before any building permits would be ready to be issued for Phase 4A. I would be fine with the City not issuing any building permits for Phase 4A until the Fire Department has deemed that we have the appropriate fire flow protection for Phase 4A. Water will not be installed for Phases 4B & 4C until November, December and January. Again, it would be my expectation that building permits would not be issued until such time that fire flow protection is completed for those phases. I would not expect to transfer any lots to a third party until such time that water is available for a given lot and that building permits can be issued. . ROCK PILES: Lots 17-19 and 20-23 of Phase 4A will have the two piles removed by October I st. The following lots in Phase 4C will have rock piles removed as follows: Lot 58 - October 1st, Lot 86 - October 15th, Lots 76-77 - November 1st, Lots 89-91- November 30th and lots 102 & 103 will be in the summer of 2007. A portion of the rock piles will be used for trench backfilling and the remainder will be stockpiled for the future development of the North Cluster and Phases 6 & 7. . . PAVING: Phase 4A is complete. Phases 4B & 4C are scheduled to be completed by November 15th The newly desi!,'11ed "D" Street within Phase 4B affecting lots 121-127 is not scheduled to be completed until March of2007. ELECTRICAL: We expect to have Phase 4A (lots 1-49) energized by October 1 st. Phase 4C and lots 116-120 should be energized by February of2007 and Lots 121-128 should be fully energized by April I, 2007. RETENTION FACILITY: Final !,'Tading of the site with the new dike is being completed now. I anticipate having the facility functioning by September 30th. I plan on seeding and planting portions of the facility based on the design that Willamalane finalizes for the park improvements in October and November. The remainder of the park improvements including irrigated field, basketball court, playground structures, picnic tables and benches will be completed in July of2007. I would expect that building permits would not be issued until the retention facility is functioning adequately based upon our civil engineer's and the City engineer's approval. I have drafted a Stormwater Treatment Facilities Long Tenn Maintenance Agreement based upon a template supplied to me ITom the City. I will forward this onto my engineer for his review and to the Public Works Department for their review and approval. . . CCR'S: I have drafted a supplemental document to the original CCR's that identifies, amongst others, maintenance obligations for the common areas. WILLAMALANE: I have signed off on an agreement that Willamalane had put together; accomplishing the requirements for plat recording. Jim, I am hopeful that you have found this information helpful and will support our request to record MountainGate West. We do have 30 lots presold to 5 builders' and will not be transferring title to any lots until such time that all services are available to a !,<iven lot. In general, the buyerlbuilder would not want to close until he knows that services are available and building permits can be issued. Jim, I have too much invested within the City of Springfield to do anything that would have an adverse affect on the City, myself or the relationship between us. As 1 mentioned before, getting the plat recorded as soon as possible allows for our builders to submit for pennits so we can start having lot closings occur in roughly 30 days after recording. Thanks for your attention on this matter and we look forward to getting the City to 'allow for plat recordation. I look forward to discussing with you in greater detail on Wednesday morning. . Sincerely Yours, Mark Vukanovich . . Page I of I . DONOVAN James From: Mark Vukanovich [mark@suntrustland.com] Sent: Tuesday, August 29, 20064:03 PM To: DONOVAN James Cc: 'Lindsey Taft' Subject: Spam: Lot Disclosure Document Attachments: Lot Sale Disclosure.doc Jim: This is my first draft at an agreemenUdisclosure that I think should protect the City and give good disclosure to any buyers. Obviously, I don't expect to have any buyers closing on lots without infrastructure in place. I discussed with my land use attorney and she had never done something like this. If this is what you're looking for, I will have my aitorney add some of the legal language to make it a little more official. See you tomorrow morning. Mark. Mark Vukanovich 780 NW York Drive, Suite 204 Bend, OR 97701 (541) 312-9640 - Office (541) 350-1060 - Mobile (541) 312-9641 - Fax Please make note of my new email address: mark(ci)suntrustland.com SunTrust L.\.r-;li(;.O~W,\:';'\"U_C 8/30/2006 ..... Recitals: . . Lot Sale Disclosure I. SunTrust Land Company, LLC is the owner and developer of a subdivision to be recorded as Mountain Gate West, within the City of Springfield, County of Lane and State of Oregon. 2. A final plat of Mountain Gate West has been submitted to the City of Springfield and Lane County to be recorded reflecting 129 lots. Recording is anticipated to occur in September of 2006. 3. As of August 29, 2006, certain items to be completed per the approved construction drawings have not been completed. 4. Upon reco'rding of a plat, SunTrust has the legal ability to transfer lots to another party. Now therefore, through execution of the signature below, purchaser of Lot of Mountain Gate West agrees with the following: Purchaser: I. Prior to the City of Springfield's acceptance of the subdivision's public improvements, purchaser understands that he may be buying a lot that does not have all the required improvements completed. Purchaser will need to verifY with the City of Springfield what improvements have been accepted. It is possible that a building permit may not be issued or combustible materials may not be used until such time that certain infrastructure improvements have been completed. IE: Water for fire flow will need to be available in order to start home construction. Purchaser is responsible to complete any sidewalk improvements adjacent to said lot within 12 months oflot closing or upon completion of home construction, whichever is earlier. Purchaser is also responsible to plant any required street trees behind sidewalks adjacent to said lot within the public right-of-way. Street Trees are required every thirty feet. Street Trees will need to be planted within 24 months oflot closing or upon completion of home construction, whichever is earlier. 2. 3. 4. 5. Date: By: . ;00- ~;.. ." . . 6.