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Home My WebLink About4.02 CalifHighlndDrainImpr CITY CLERK File # D~[O][O]~¡ra~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 1, 2005 SUBJECT: Acceptance of Drainage Improvements for Tract 5926, California Highlands (also known as Donlon Canyon) Report Prepared by: Melissa Morton, Public Work\' Director ATTACHMENTS: I) Resolution Accepting Drainage Improvements for Tract 5926, California Highlands Vicinity Map 2) ]š FINANCIAL STATEMENT: ~doPt the Rcsolution accepting the drainage improvements ror Tract \ 5926, California Highlands (also known as Donlon Canyon) RECOMMENDATION: The developer has provided a Maintenance Bond in the amount of $29,041.00 to guarantee against dcfects for one year. Once the improvements have been accepted, maintenance of drainage improvements ror Donlon Creek will be performed by the California Highlands Homeowners Association. DESCRIPTION: Tract 5926, California Highlands (also known as Donlon Canyon), is located at the westerly terminus of Dublin Boulevard, and includes 246 multi-family units, approximately 170 acres or open space, and a remainder parecl that was subsequently subdivided into 17 single-family lots with Traet 7067. The Conditions of Approval for Tract 5926 also required KB Homes to implement Stream/Detention Basin Stabilization Plans (drainage improvements) on property owned by KB Homes and the California Highlands of Dublin Homeowners Association. On November 5, 1998, the developer entered into an agreement with the City entitled, "Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision #5926)" (Drainage Agreement). This Drainage Agreement governed the stream and detention basin stabilization plan for Donlon Creek and for the stoek pond on the East Bay Regional Park District (EBRPD) easement upstream of the subdivision. ________~.__________________________________ø_________-___________~_____w_________________~____~_~___________ COPY TO: Garrett Small, KB Homes, Inc. Page I 0[2 ITEMNO.~ G:\DEVELOP\CA Highland\Ag...llI.cpl_ 5926 drainagc.doc Tract 5926 improvements were aecepted and Amendment No. 1 to the Drainage Agreement was approved by the City Council via Resolution No. 166-03 on August 5, 2003. Amendment No. I allowed the developer additional time to obtain jurisdictional permits to complete the drainage improvements. The drainage improvements [or Donlon Creek have been constructed pursuant to thc Traet Developer Agreemcnt and to the satisfaction of the City Engineer. It is therefore now appropriate for these improvements to be accepted by the City as complete, with permanent maintenance to be provided by the Califomia Highlands Homeowners Association. At the time that the City and KB Homes executed the amended Agreement for subdivision drainage improvements, the dcvcloper provided a Perfonnance Bond and a Labor and Materials Bond, each in the amount of $116,164.00, to guarantee the work. Now that the work is complete, these bonds may be released in aeeordance with the authority contained in §66499.7 of the Government Code, and replaced with a Maintenanee Bond in an amount necessary to guarantee thc work for a one-year period following aceeptance of the work, The developer has provided a Maintenance Bond in the amount of $29,041.00, which is 25% of the original Performance Bond amount, and which is sumcient to guarantee the drainage improvemcnts for a one-year period after aceeptance. Staff recommends that the City Council adopt the Resolution aceepting the drainage improvements for Tract 5926, California Highlands (also known as Donlon Canyon). Page 2 of2 lObS RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTANCE OF DRAINAGE IMPROVEMENTS FOR TRACT 5926 (CALIFORNIA HIGHLANDS) WHEREAS, the subdivider of Traet 5926, filed 011 January 8, 1996, in Book 222 of Maps at Pages 71 - 84, previously entered into a Tract Developer Agreement with the City of DubJin on Deecmber 12, 1995, to improvc said Tract in accordance with plans and specifications on file with the City Engineer, said Tract identified as follows: a) Subdivider: KB Homes, Inc. (KB Homes), formerly Kaufman and Broad orNorthcrn California Westerly terminus of Dublin Boulevard 246 multi-family units, 17 single-family units and approximately 170 acres of open space No. 148-95, City Council orDublin Dublin Boulevard b) Tract Location: e) Tract Size: d) Resolution Approving Final Map: e) City Streets Affected: WHEREAS, the Tract improvements associated with Tract 5926 were aceepted on August 5, 2003, via City Council Resolution No. 166-03; and WHEREAS, the Agreement to Provide Security and Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin Subdivision # 5926) was previously amended on August 5, 2003, via City Couneil Resolution No. 166-03; and WHEREAS, the Tract drainage improvements associated with Tract 5926 are cornpletc in accordance with said plans and spceifieations, and any approved modifications thereof, to the satisfaction of said City Engineer of the City of Dublin; and WHEREAS, the original Performance Bond and Labor and Materials Bond referenced in the Tract Developer Agreement ean be released in aecordanee with the authority eontained in §66499.7 orthe 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: I. The drainage improvements assoeiated with said Tract are hereby approved and aeeepted as complete subj ect to a one-year guarantee. Ongoing maintenance will be by the California Highlands Homeowncrs Association. 2. The original Faithful Performance Bond issued by Fidelity and Deposit Company of Maryland (Bond No. 08658047) in the amount of$116, 164.50 be released. - I - / /-/-0'5 If. 2. ATTAClDlßn ~ 2°b3 3. The original Labor and Materials Bond issued by Fidelity and Deposit Company of Maryland (Bond No. 08658047) in the amount of$116,164.50 be released. 4. The submitted Maintenanee Bond issued by Fidelity and Deposit Company of Maryland (Bond No. 08658047) in the amount of $29,041.00 be acceptcd as security for the aforesaid one-year maintenanee period, said period to eommencc on this date and terminate on the 1 st day of November, 2005. PASSED, APPROVED AND ADOPTED this 1st day of November, 2005. 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