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FCM19940222a a a FINANCE COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD TUESDAY, FEBRUARY 22, 1994 The meeting was called to order at 7:05 P.M. by Chairman De Angelis. Also present were Committee Members Patterson, Dumke and Sanders, Ald. Misko, Ald. Woodard and Ald. Taube. The Committee further reviewed Subdivider's Agreement and Letter of Credit for Plum Creek East Subdivision. Ald. Patterson moved to approve the Subdivider's Agreement with incorporation of the attached amendments to Section VII, page 9, supplied by Attorney Guis, and the Letter of Credit in the amount of $60,600.00 as recommended by the City Engineers. Seconded by Ald. Dumke, motion carried. The Committee reviewed Claim to Recover Unlawful Taxes received from Norman Miller along with memorandum from Assessor Laura Mecha advising that Mr. Miller's legal description of his property is how the certified survey maps were filed in 1970. Surveyors during the late 1960's and early 1970's listed the road dedication in the stated approximate acres on the survey. This in no way implies that Mr. Miller's assessment reflects this total acreage. Assessor Mecha explains that the land value is a sound value applied to the homesite. For 1994, the legal description will be changed to read "approximately 3.41 acres including road dedication" for clarification purposes only. Ald. Patterson moved to recommend denial of claim. Seconded by Ald. Dumke, motion carried. Ald. Patterson moved to recommend payment of General Vouchers in the mount of $394,564.63, Utility Vouchers in the amount of $2,330.00 for 1993 and $877,184.88 for 1994, and Tax Refunds in the amount of $5,064.59 for 2/8/94 and $5,294,675.85 for 2/22/94. Seconded by Ald. Dumke, motion carried. journed at 7:20 P.M. The meeting ad Respectfully submitted, /cma David J. Sanders Secretary 02/25,‘94 14:4i FAX 414 2i2 8191 FRIEBERT FISERTT ~002i002 MEMORANDUM TO: Matt Sadowski FROM: Bill Guis DATE: February 18, 1994 RE: Revised draft of Plum Creek Subdivider’s Agreement Additional comments: 1 assume you decided to keep para. F.4 on p. 5. In any event, the first clause (“In addition to any other remedies.. “) does not make much sense and appears to have been added inadvertently, Section VII, p9, got garbled. Should read: In addition to, and not t’o the exclusion or prejudice of any provisions of this Agreement or documents incorporated herein by reference or to any other remedies that may be available to the City by law or in equity, Subdivider shall indemnify, save harmless and defend the CITY, its officers, agents, employees and independent contractors, from and against any and all judgments, claims, demands or actions asserted against them, and any and all legal, accounting, consulting, engineering, and other expenses of every type or description incurred by or on behalf of them, whenever brought, obtained or incurred, which may in any manner, in whole or in part, arise in the course of, out of, or as a result of the Subdivider’s operations in or about this subdivision, negligent construction or operation of improvements constructed hereunder, its violation of any law or ordinance, the infringement by it of any patent, trademark, trade name or copyright, or its use of a,ny road improvements or other public ways. Acts or omissions of any agent, contractor, subcontractor or lower-tier contractor of Subdivider shall be consid,ered acts or omissions of the Subdivider for purposes of this indemnity, The Suhdivider shall also name as additional insureds on its general liability insurance the CITY, its officers, agents, employees and any independent contractors hired by the CITY to perform services as to this subdivision, and give the CITY evidence of the same within 1,O days of the execution of this Agreement. Section XIV, pl I, line 2: “issue” should be “issuer,” and there should be a comma after “Attorney. ” a GENERAL FUND: BOARD CHECKS (regular) cc? Lb&T 87/7/f VOIDED CHECKS CK. B AMOUNT TOTALS : ?h-TAX REFUND CHECKS 3cf .a4 cb3 $JJ- TAX REFUND CHECKS / / UTILITIES: - SEWER, BOARE CHECKS (regular) iad. &4 4 m / VOIDED CHECKS AMOUNT 0 END OF YEAR ($3 ) /, J&J zJ& WIRE TRANSFER - WATER: BOARD CHECKS (regular) VOIDED CHECKS - END OF YEAR (93) gg 88 - WIRE TRANSFER TOTAL UTILITY VOUCHERS (93 > G?,.330. UD TOTAL UTILITY VCUCHERS TOTAL UTILITY VOUCHERS d3+9]1