HomeMy WebLinkAboutReso 176-06 Dublin Ranch Area A Tr 7135
RESOLUTION NO. 176 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF FALLON ROAD STREAM CORRIDOR LANDSCAPING
ASSOCIATED WITH TRACT 7135, DUBLIN RANCH AREA A
(TOLL CA II, L.P., A CALIFORNIA LIMITED PARTNERSHIP)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll CA II, L.P., a
California Limited Partnership (hereinafter referred to as "DEVELOPER"), entered into seven Tract
Developer Agreements that governed the Bulk Grading for Phase I, the Storm Drain through the Golf
Course, Fallon Road and Bent Tree Drive Improvements, Traffic Signals at the Intersections of Fallon
Road/Antone Way and Fallon Road/Bent Tree Drive, Upgrading Existing Fallon Road, Fallon Road
Landscaping, and the Rough GradingJErosion Control for Tracts 7141 and 7142 (Tract Developer
Agreements 1 through 7) on July 17, 2001; and
WHEREAS, the Bulk Grading for Phase I of Tract 7135 and the Rough Grading and Erosion
Control improvements for Neighborhoods A-6 and A-7 (Tract Developer Agreements 1 and 2 of 7) were
completed and accepted by the City Council via Resolution No. 85-03 on May 20,2003; and
WHEREAS, the Storm Drain through the Golf Course and the Upgrades to Existing Fallon Road
(Tract Developer Agreements 3 and 4 of 7) were completed and accepted by the City Council via
Resolution No. 109-03 on June 3,2003; and
WHEREAS, the Traffic Signals at the intersections of Fallon Road/Bent Tree Drive and Fallon
Road/Antone Way (Tract Developer Agreement 5 of 7) were completed and accepted by the City Council
via Resolution No. 182-03 on September 2,2003; and
WHEREAS, the Street Improvements for Fallon Road and Bent Tree Drive (Tract Developer
Agreement 6 of 7) were completed and accepted by the City Council via Resolution No. 224-03 on
November 18, 2003; and
WHEREAS, the partial Fallon Road Landscape Improvements (Tract Developer Agreement 7 of
7), with the exception of Landscaping within the Stream Corridor (parcel D of Tract 7135 and Parcel B of
Tract 7252), were completed and accepted by the City Council via Resolution No. 207-04 on October 19,
2004; and
WHEREAS, the remaining Fallon Road Landscape Improvements within the Stream Corridor
(Tract Developer Agreement 7 of 7), as guaranteed by a Decrease Rider for a Performance Bond and a
Labor and Materials Bond, each in the amount of $1,015,850.00, are complete in accordance with said
plans and specifications, and any approved modifications thereto, to the satisfaction of the Director of
Public Works; and
WHEREAS, the original Decrease Rider for the Performance Bond and Labor and Materials Bond
that guaranteed the Fallon Road Stream Corridor Landscape Improvements can be released in accordance
Reso No. 176-06, Adopted 9/19/06, Item 4.6
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with the authority contained in ~66499. 7 of the Government Code of the State of California, and replaced
with a Maintenance Bond to guarantee the completed work for a one-year period following acceptance;
NOW, THEREFORE, BE IT RESOLVED that
1. The Fallon Road Stream Corridor Landscape Improvements along the west side of Fallon
Road between the Turnberry Drive/Golf Course and Gleason Drive are hereby approved
and accepted subject to a one-year guarantee period; and
2. The original Decrease Rider for the original Performance and Labor and Materials Bonds
issued by The Continental Insurance Company (Bond No. 929208209) in the amount of
$1,015,850.00 be released; and
3. The submitted Maintenance Bond issued by The Continental Insurance Company (Bond
No. 929394621) in the amount of $253,963.00 be accepted as security for the aforesaid
one-year maintenance period, said period to commence on this date and terminate on the
19th day of September, 2007.
PASSED, APPROVED AND ADOPTED this 19th day of September, 2006, by the following
vote:
AYES:
Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart
NOES:
None
ABSENT:
Councilmember McCormick
ABSTAIN: None
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Reso No. 176-06, Adopted 9/19/06, Item 4.6
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