City Council Information Form
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1 City Council Information Form DATE: 06/17/2015 ASSIGNED STAFF: Dawn Bell DEPARTMENT: Development Center TYPE OF FORM: Other Business Form No.: 4912 APPROVALS: None ISSUE/REQUEST: AN ORDINANCE APPROVING THE SURETY BOND DEPOSIT AGREEMENT GUARANTEEING INSTALLATION OF SUBDIVISION IMPROVEMENTS FOR THE MAGNOLIA PLACE AT CHARLESTON PARK, SECOND PLAT, LOTS 2A 3 SUBDIVISION BY AND BETWEEN THE CITY OF LEE S SUMMIT, MISSOURI, THE VILLAGE COOPERATIVE OF LEE S SUMMIT, AND OMNI CONSTRUCTION COMPANY, INC., AND APPROVING THE USE OF A SURETY BOND AS SECURITY FOR THE INSTALLATION AND CONSTRUCTION OF SAID SUBDIVISION IMPROVEMENTS. KEY ISSUES: An ordinance approving the final plat for the Magnolia Place at Charleston Park, Second Plat, Lots 2A 3 Subdivision is on the June 18th City Council Agenda. Section of the City s Unified Development Ordinance requires that all subdivision related public improvements must be completed prior to approval of the final plat, unless the developer provides satisfactory security pursuant to Section of the UDO. Village Cooperative, the prospective developer of property within the subdivision, wishes to provide such security for the subdivision improvements through the deposit of the attached surety Bond and execution of the attached Deposit Agreement. The City may, but is not obligated to, accept the attached Bond as security pursuant to section of the UDO. Upon approval of this this Bond and this Agreement the related Final Plat may be approved. PROPOSED COMMITTEE MOTION: PROPOSED CITY COUNCIL MOTION: FIRST MOTION: I move for a second reading of AN ORDINANCE APPROVING THE SURETY BOND DEPOSIT AGREEMENT GUARANTEEING INSTALLATION OF SUBDIVISION IMPROVEMENTS FOR THE MAGNOLIA PLACE AT CHARLESTON PARK, SECOND PLAT PLAT, LOTS 2A 3 SUBDIVISION BY AND BETWEEN THE CITY OF LEE S SUMMIT, MISSOURI, THE VILLAGE COOPERATIVE OF LEE S SUMMIT, AND OMNI CONSTRUCTION COMPANY, INC., AND APPROVING THE USE OF A SURETY BOND AS SECURITY FOR THE INSTALLATION AND CONSTRUCTION OF SAID SUBDIVISION IMPROVEMENTS. SECOND MOTION: I move for adoption of AN ORDINANCE APPROVING THE SURETY BOND DEPOSIT AGREEMENT GUARANTEEING INSTALLATION OF SUBDIVISION IMPROVEMENTS FOR THE MAGNOLIA PLACE AT CHARLESTON PARK, SECOND PLAT PLAT, LOTS 2A 3 SUBDIVISION BY AND BETWEEN THE CITY OF LEE S SUMMIT, MISSOURI, THE VILLAGE COOPERATIVE OF LEE S SUMMIT, AND OMNI CONSTRUCTION COMPANY, INC., AND APPROVING THE USE
2 OF A SURETY BOND AS SECURITY FOR THE INSTALLATION AND CONSTRUCTION OF SAID SUBDIVISION IMPROVEMENTS. BACKGROUND:(including location, programs/departments affected, and process issues) IMPACT/ANALYSIS: TIMELINE Start: Finish: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMMENDATION Staff recommends approval. OTHER BOARDS AND COMMISSIONS ASSIGNED: Not Applicable DATE: ACTION: COUNCIL COMMITTEE ASSIGNED: Not Applicable DATE: ACTION: List of Reference Documents Attached 1. Ordinance 2. Bond 3. Deposit Agreement 4. Ex. A to Agreement 5. Ex. B to Agreement
3 BILL NO AN ORDINANCE APPROVING THE SURETY BOND DEPOSIT AGREEMENT GUARANTEEING INSTALLATION OF SUBDIVISION IMPROVEMENTS FOR THE MAGNOLIA PLACE AT CHARLESTON PARK, SECOND PLAT PLAT, LOTS 2A-3 SUBDIVISION BY AND BETWEEN THE CITY OF LEE S SUMMIT, MISSOURI, THE VILLAGE COOPERATIVE OF LEE S SUMMIT, AND OMNI CONSTRUCTION COMPANY, INC., AND APPROVING THE USE OF A SURETY BOND AS SECURITY FOR THE INSTALLATION AND CONSTRUCTION OF SAID SUBDIVISION IMPROVEMENTS. WHEREAS, plans, information and data for the creation and development of a Final Plat for a subdivision to be known as the Magnolia Place at Charleston Park, Second Plat, Lots 2A-3 Final Plat Subdivision, Application #PL (the "Subdivision") have been provided to the City; and, WHEREAS, engineering plans for the Subdivision have been submitted to the City together with the estimated costs of construction, installation and completion of certain subdivisionrelated public improvements ( Subdivision Improvements ) required by the City s Unified Development Ordinance ( UDO ) and Code of Ordinances, all in accordance with the City's subdivision regulations set forth in Article 16 of the UDO, and have been approved; and, WHEREAS, Section of the UDO requires that the Subdivision Improvements must be constructed prior to approval of the Final Plat for the Subdivision, unless satisfactory security is provided in accordance with Section of the UDO; and, WHEREAS, Village Cooperative of Lee s Summit ( Developer ) is under contract to acquire property within the Subdivision from Richard D. Link and Deborah J. Link, the applicants for Application #PL and the subdividers of the Subdivision (the Subdividers ); and, WHEREAS, the Developer desires to establish security for the Subdivision Improvements on behalf of the Subdividers by deposit of a surety bond that names Omni Construction Company, Inc, as the bond principal, all in the manner set forth in the attached Surety Bond Deposit Agreement; and, WHEREAS, the City is willing to approve the use of a bond as security for the construction of the subdivision-related public improvements in the manner provided for in the attached Surety Bond Deposit Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LEE'S SUMMIT, MISSOURI, as follows: SECTION 1. That the City approves the use of the Subdivision Bond, Bond Number , attached hereto as Exhibit A and incorporated herein by reference, as security for the Subdivision Improvements for the proposed Subdivision. SECTION 2. That the City approves the Surety Bond Deposit Agreement Guaranteeing Installation of Subdivision Improvements by and between the City of Lee s Summit, Missouri, Village Cooperative of Lee s Summit, and Omni Construction Company, Inc., a copy of which is appended hereto as Exhibit B, and the City Manager is authorized to execute same on behalf of the City. Page 1
4 BILL NO SECTION 3. That this ordinance shall be in full force and effect from and after the date of its passage, and adoption, and approval by the Mayor. PASSED by the City Council for the City of Lee's Summit, Missouri, this day of, ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED by the Mayor of said city this day of, ATTEST: Mayor Randall L. Rhoads City Clerk Denise R. Chisum APPROVED AS TO FORM: Deputy City Attorney John L. Mautino Page 2
5 BILL NO EXHIBIT A SUBDIVISION BOND EXHIBIT B Page 3
6 BILL NO SURETY BOND DEPOSIT AGREEMENT Page 4
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