HomeMy WebLinkAbout4.03 Accept Landscape Imp Tr 7136 DubRanA, A-1
CITY CLERK
File # DlG][Q][Q]-[B[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 20,2007
SUBJECT:
Acceptance of Landscape Improvements Associated with Tract 7136,
Dublin Ranch Area A, Neighborhood A-I (Toll Brothers, Inc.)
Report Prepared by: Melissa Morton, Public Works Directorf}.l )
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ATTACHMENTS:
1)
2)
Resolution
Location Map
RECOMMENDATION: '-'~t4/
~
r Adopt the Resolution accepting the remammg landscape
improvements within the common pocket areas of Parcels A, B, C
and D within Tract 7136, Dublin Ranch Area A, Neighborhood A-I.
FINANCIAL STATEMENT:
Toll Brothers, Inc., has provided a Maintenance Bond in the amount
of $10,000.00 (Bond No. 104564074) to replace the Performance
Bond and Labor and Materials Bond that assured the installation of
required landscaping improvements. The Maintenance Bond will
guarantee against defects for one year. Landscaping maintenance
will be performed by the Dublin Ranch Golf Club Homeowner's
Association.
DESCRIPTION: Toll Brothers, Inc., is requesting acceptance of the recently
completed remaining landscape improvements within the common pocket areas of Parcels A, B, C and D
within Tract 7136, Dublin Ranch Area A, Neighborhood A-I.
The original work was governed by a Tract Developer Agreement for Landscaping executed on March 19,
2002, via City Council Resolution No. 32-02. The Agreement was previously amended via City Council
Resolution No. 45-03 on March 18,2003, and via City Council Resolution No. 42-04 on March 16,2004,
to extend the completion date to March 19,2005. The Agreement was further amended via City Council
Resolution No. 214-04 on November 2, 2004, to accept partial landscaping, with the exception of the
landscaping within Parcels A, B, C and D associated with Tract 7136. The street improvement work was
accepted separately via City Council Resolution No. 212-04 on November 2, 2004.
COpy TO: Jon H. Paynter, Toll Brothers, Inc.
ITEM NO.
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Page 1 of2
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The remaining landscaping work within Parcels A, B, C and D associated with Tract 7136 is now
complete. Since the landscape improvements have been constructed pursuant to the Tract Developer
Agreement and to the satisfaction of the Public Works Director, it is appropriate for the improvements to
now be accepted by the City, with ongoing maintenance to be performed by the Dublin Ranch Golf Club
Homeowner's Association.
At the time that the City and Toll Brothers, Inc., executed the Tract Developer Agreement for
Landscaping, the developer provided a Performance Bond and a Labor and Materials Bond, each in the
amount of $1 ,094,300 to guarantee performance ofthe work. These Performance and Labor and Materials
Bonds were reduced to $40,000 each via City Council Resolution No. 214-04 on November 2, 2004, to
guarantee performance of the remaining work. Now that the work is complete, these bonds may be
reI eased in accordance with authority contained in S66499. 7 of the Government Code, and replaced with a
Maintenance Bond. The developer has provided a Maintenance Bond in the amount of $10,000, which is
25% of the reduced Performance Bond, and which is sufficient to guarantee the improvements for a one-
year period after acceptance.
Staff recommends that the City Council adopt the Resolution accepting the remammg landscape
improvements within the common pocket areas of Parcels A, B, C and D within Tract 7136, Dublin
Ranch Area A, Neighborhood A-I.
Page 2 of2
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTANCE OF LANDSCAPE IMPROVEMENTS FOR TRACT 7136,
DUBLIN RANCH AREA A (NEIGHBORHOOD A-i)
(TOLL BROTHERS, INC.)
WHEREAS, the subdivider of Tract 7136, filed on May 3,2002, in Book 263 of Maps at Pages 87 -
93, previously entered into two (2) Tract Developer Agreements with the City of Dublin, one for Street
Improvements and one for Landscaping, to improve said Tract in accordance with plans and specifications on
file with the Public Works Director, said Tract identified as follows:
a) Subdivider:
b) Tract Location:
c) Tract Size:
d) Resolution Approving Agreement:
e) City Streets Affected:
Toll Brothers. Inc.
West of Fallon Road
110 Single-Family Lots
No. 32-02, City of Dublin City Council
None
WHEREAS, the Tract Developer Agreements were previously amended on March 18,2003, via City
Council Resolution Nos. 44-03 and 45-03, and on March 16, 2004, via City Council Resolution Nos. 41-04
and 42-04 to extend the completion date to March 19,2005; and
WHEREAS, the Tract Developer Agreement for Landscape was further amended via City Council
Resolution No. 214-04 on November 2, 2004, to accept partial landscaping, with the exception of the
landscaping within Parcels A, B, C and D, associated with Tract 7136; and
WHEREAS, the Street Improvement work was accepted via City Council Resolution No. 212-04 on
November 2,2004; and
WHEREAS, the third amendment to the Tract Developer Agreement for Landscape Improvements
for Tract 7136 was approved via City Council Resolution No. 214-04 on November 2, 2004, to accept
partial Landscape Improvements, with the exception of the landscaping within Parcels A, B, C, and D; and
WHEREAS, Section 2 of the governing Tract Developer Agreement was amended via City Council
Resolution No. 214-04 on November 2,2004, to reflect a reduced total security amount of $40,000 which
was sufficient to guarantee the remaining Parcels A, B, C, and D work; and
WHEREAS, the Landscape Improvements as guaranteed by a Performance Bond and a Labor and
Materials Bond each in the amount of $40,000, and as governed by the landscape Tract Developer Agreement,
are complete in accordance with said plans and specifications, and any approved modifications thereto, to the
satisfaction of the Public Works Director; and
WHEREAS, the original Performance Bond and Labor and Materials Bonds that guaranteed the
Landscape Improvements can be released, in accordance with the authority contained in 966499.7 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;
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ATTAUDMENT I.
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NOW, THEREFORE, BE IT RESOLVED that
1. The Landscape Improvements completed within Parcels A, B, C and D within said Tract
7136, are hereby approved and accepted subject to a one-year guarantee period; and
2. The original Performance Bond issued by Travelers Casualty and Surety Company of America
(Bond No. 104091615) in the amount of $40,000 be released; and
3. The original Labor and Materials Bond issued by Travelers Casualty and Surety Company of
America (Bond No. 104091615) in the amount of $40,000 be released; and
4. The submitted Maintenance Bond issued by Travelers Casualty and Surety Company of
America (Bond No. 104564074) in the amount of $10,000 be accepted as security for the
aforesaid one-year maintenance period, said period to commence on this date and terminate on
the 20th day of February, 2008.
PASSED, APPROVED AND ADOPTED this 20th day of February, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOP\Dublin Ranch\Area A\A-l Tract 7136\resoacpUandscape 7136.doc
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TRACT 7136
A SUBDIVISION OF PARCEL 'A'-TRACT 7252, AS FILED IN
BOOK _ OF' MAPS, AT PAGES _ - _,
ALAMEDA COUNTY RECORDS. .
CITY OF DUBLIN ,
ALAMEDA COUNTY, CALIFORNIA
SEPTEMBER, 2001
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LANDSCAPE IMPROVEMENTS TO BE ACCEPTED
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LOCATION MAP
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