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HomeMy WebLinkAboutReso 27-09 Schaefer Rch Tr 6765RESOLUTION NO. 27 - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PARTIAL RELEASE OF SECURITY ASSOCIATED WITH TRACT 6765, SCHAEFER RANCH -PHASE 2 IMPROVEMENTS (SCHAEFER RANCH HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) WHEREAS, Schaefer Ranch Holdings, LLC, a California Limited Liability Company, is the subdivider of Tract 6765, filed on March 8, 2007, in Book 297 of Maps at Pages 1 -51; and WHEREAS, the City of Dublin and Schaefer Ranch Holdings, LLC, previously entered into an Improvement Agreement that governed the Phase 2 Improvements on February 20, 2007, to improve said Tract in accordance with plans and specifications on file with the City Engineer (Resolution 17-07); and WHEREAS, said Improvement Agreement is secured by separate Performance and Labor and Materials Bonds, each in the amount of $13,175,100.00 (Bond No. 104757058) for the Phase 2 Improvements, issued by Travelers Casualty and Surety Company of America; and WHEREAS, the improvements for Tract 6765, Schaefer Ranch -Phase 2, are more than 75% complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the work governed by this Improvement Agreement is currently under construction and is not considered approved or accepted; and WHEREAS, the Performance Bond, and the Labor and Materials Bond for Schaefer Ranch - Phase 2 Improvements can be partially released, in accordance with the authority contained in §66499.7 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED that: 1. The original Performance Bond issued by Travelers Casualty and Surety Company of America in the amount of $13,175,100.00 (Bond No. 104757058) for Phase 2 Improvements be reduced to an amount of $3,293,775.00; and 2. The original Labor and Materials Bond issued by Travelers Casualty and Surety Company of America in the amount of $13,175,100.00 (Bond No. 104757058) for Phase 2 Improvements be reduced to an amount of $3,293,775.00. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 17th day of March, 2009, by the following vote: AYES: Councilmember Biddle, Hart, Hildenbrand, and Mayor Sbranti NOES: None ABSENT: Councilmember Scholz ABSTAIN: None a! , Mayor ATTEST: i ~p~U; ~ City Clerk Reso No. 27-09, Adopted 3-I7-09, Item 4.2 Page 2 of 2