HomeMy WebLinkAboutReso 94-10 Dublin Blvd Accpt ImprovRESOLUTION NO. 94 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTANCE OF IMPROVEMENTS FOR TRAFFIC SIGNALS AT DUBLIN BOULEVARD
AND FALLON ROAD AND DUBLIN BOULEVARD AND LOCKHART STREET
WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an
Improvement Agreement with the City of Dublin on September 4, 2007, to construct traffic signal
improvements at Dublin Boulevard and Fallon Road and Dublin Boulevard and Lockhart Street,
in accordance with the approved plans; and
WHEREAS, the traffic signal improvements at Dublin Boulevard and Fallon Road and
Dublin Boulevard and Lockhart Street are complete in accordance with said plans, and any
approved modifications thereto, to the satisfaction of the City Engineer; and
WHEREAS, the PerFormance Bond, and the Labor and Materials Bond can be partially
re~eased, 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 improvements associated with the traffic signals at Dublin Boulevard and
Fallon Road and Dublin Boulevard and Lockhart Street are hereby approved and
accepted subject to a one-year guarantee period; and
2. The traffic control devices installed by the developer are hereby included in the
City of Dublin Traffic Code, said regulatory devices include the following:
a) Traffic signal at the intersection of Dublin Boulevard and Lockhart Street.
b) Traffic signal at the intersection of Dublin Boulevard and Fallon Road.
c) "No Parking Anytime" traffic control devices on the north and south sides of
Dublin Boulevard between Lockhart Street and Fallon Road.
3. The original Performance Bond issued by Developers Surety and Indemnity
Company dated June 8, 2007 (Bond No. 721233S) in fhe amount of $590,000.00
for the traffic signal improvements at Dublin Boulevard and Fallon Road and Dublin
Boulevard and Lockhart Street be released; and
4. The Labor and Materials Bond issued by Devetopers Surety and Indemnity
Company dated June 8, 2007 (Bond No. 721233S) in the amount of $590,000.00
for the traffic signal improvements at Dublin Boulevard and Fallon Road and Dublin
Boulevard and Lockhart Street be released; and
Page 1 of 2
5. The submitted Warranty Bond (Exhibit A to the resolution) issued by Developers
Surety and Indemnity Company in the amount of $147,500.00 for the
improvements associated with the traffic signaf improvements at Central Parkway
and Fallon Road (Bond No. 721233M) be accepted as security for the aforesaid
one-year warranty period, said period to commence on this date and terminate on
the 22nd day of June, 2011.
PASSED, APPROVED AND ADOPTED this 22nd day of June, 2010, by the following
vote:
YES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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ATT ST:
i
~ City Clerk
Mayor
Reso No. 94-10, Adopted 6-22-10, Item 4.10 Page 2 of 2
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Bond No: 721233S-M .
WARRANTY BOND
Know all men by these presents: that we, Sierra Land Development Corporation, as Principal,
and the Developers Surety and Indemnity Company, a corporation licensed to do business in
the State of California, as Surety, are held and firmly bound unto the City of Dublin, as Obligee, in
the full and just sum of one hundred forty seven thousand and five hundred dollars
($147,500.00), lawful money of the United States of America to the payment of which sum, well and
truly to be made, the Principal and the Surety bind themselves, their successors and assigns, jointly
and severally, firmly by these presents.
The condition of this obligation is such that, whereas the principal has entered into an
Improvement Agreement for Traffic Signals at Dublin Boulevard & Fallon Road, and Dublin
Boulevard & Lockhart Street with the Obligee that includes traffic signal Improvement in the
City of Dublin.
AND WHEREAS, Said Agreement provided that the Principal guarantee against defective materials
and workmanship in connection with said Improvements for a period of one year following
acceptance of said Improvements.
NOW, THEREFORE, if the Principal shall indemnify the Obligee for all loss that Obligee may
sustain by reason of any defective materials or workmanship which become apparent during the
period of one year from and after acceptance of said improvements by Obligee, then this obligation
shall be void; otherwise it shall be in full force and effect.
'"
All suits at law or proceedings in equity to recover on this bond must be instituted within one year
after the expiration of the ma'intenance period provided for herein.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, this 4th day of June ,2010.
BY:
veJopment Corporation
BY:
Company
rJ(
EXHIBIT A..
To the Re~nllltinn
5J67
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 1972S, IRYfNE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, COlISIitute and appoint
***Wayne M. Rudick, Jeanne A. Winter, Margaret D. Hatting, joIntly or severally***
IS their true and lawful Altomey(s)-in-Fact, to make, execute, deliver and aclcnowledge, (or and on behal{ of said corpol1ltions. as sureties, bonds, lIDdertakill8S
.00 wotnu;llI of Iilll'ayShIp &lvlng and grandnl unto said AllOmey(s)-m.Fact filII power and autbority to do and to perfonn every ad lteCess&ry, requisite or proper
to be done in c:onncction therewith as each of Aid corporations could do, but reserving to each of said COIpOl1ltions full power of substitution and revocation, and
all of the acts o{ said Aaomey(s)-in-Facl, pursuanl to these presents, are hereby ratified and confirmed.
This Power ofA!Wmey i. gantod....d i. .igncd by ooimile w><icr and by aulhority uC!he full<>wwg n:z;uIUliullli adopted by tbe respec:t1ve Bo6rd of D~ of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the Presidenl and any Vice President of the corporation be, and dw each ofthcrn bereby is, authorized to
execute Po...en of Attorney, qualifyins the atto.....y(.) Ilamed ill cbe Powan of Attorney to ....eouce, on INhalf oflho oorporaliom, bonda, undertaI<inp IIIIcI COI1ln1<:la
of suretyship; 8lld that the Secretary or any Assistant secretary of the corporations be, and each of Ihem hereby is, authorized to attesl the ellecution of IIJIY IlUCh
Power of Attorney;
RESOLVED. FURTHER. that the Si2Jlatur5 of ~uch officers may he affixed 10 any such Pow"," of Attnrney Qf' to any eertifieate relating thereto by
ooimile, and any luch Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corpomtion when so Bffixed and in
the future wilb respecllO any bond, lllldertaking or contracl of sureryship 10 which il is BUac::hed.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have s~eralJy caused
these presents to be siencd by their respective Executive Vice Presidenl and attested by their respective Secretary this 1st day ofDecembcr, 2005.
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By:
David H. Rhodes, Executive Vic:e-Ptesident
"..........."
~.'1 AND I~
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· (,j hP {to ,\<1,
1"'" OCT. \':1
IIC, . j..t.
OUlI 10 "I
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........MMM .
BY:~~
Walter A. Crowell. Secretary
STATE OF CALIFORNIA
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COUNTY OF ORANGE
00 December I, 2005 be{ore me, Gina L. Gamer, (here insert name and title of the offlCCt'), personally appeared David H. Rhodes and Waller A. Crowell,
personally Icnown to'me (or proved to me on the basis of satisfacto'Y evidence) to be the person(s) whose name(s) islare subscribed to the wilhin imlrumenl and
ackDowlcd&ccl to me that bcl5hd\bc:v executed the SlllTIC in hi5lhet/thcir authorizodC&jlaCity(ies). and that by hislherltheir 1'.illJ\a~s) on the insUurnent the pcnon(a\.
or the entity upon bebalf of which the person(s) acted, exoculed the iosllllmenl.
WITNESS my hand and official seal.
Sipature
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(SEAL)
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I. ORANGECOUNTY ~
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CERTlFJCATE
The undersigned, as AasiSlInt Secrttary, ofDEVELOPERS SURElY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
docs hereby cmti/)' dJallhc foregoing Pow.... of Allomcy remains in full force and ba$ Dol been revoked, and tIuthennore. dial the provision. of the =olutioas of
die respective Boards of Directors of said colJlOfl.lions set forth in cbe Power of Attorney, are in force lIS of the date of this Certificate.
This Certificate is executed in the City oflrvine, California, the ~ day of June
2010
By ~I-~
AIbctt Hillebrand, Assistant Secretary
1D-1380 {Rev. 12105)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~~~~~~~.c<'~~~.c<'~~~-<:w~~
State of California
County of P. \ Q.rv'\ i.J.Q.
On \jUn~ ~;)QOIO
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Prndre.a L. f.\ l
before me,
personally appeared
Here Insert N
\ 1 Jffi!)Q rY)~'lcl<
_. . Name(s) of Signer(s)
WITNESS my hand and official seal.
Signature~~ 1.z..rJlz
Signature of Notary Public
OPTIONAL
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l-. Nabv N:IlIc. COIbnIQ ~
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Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personOC) whose name~' subscribed to the
within instrument and acknowledged to me that
~sAcitl,C'f executed the same in~ authorized
capacity~, and that by(@)tl:ler,ltAQK' signaturet(l on the
instrument the person>><), or the entity upon behalf of
which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Though the information below is not required by lal'{. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of D~ment: . \ J.. )a("r-af\+~~"~
Document Date: Ju..r1a. ()q, ~Ol 0
Signer(s) Other Than Named Above: -
Number of Pages: ;;;
Capacity(ies) Claimed by Signer(s)
Signer's Name: u.)~ (V\ .~uc!ic.k
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
~ Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing: J1.~~c.
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@2oo7 Nallonal Notary Associalion' 9350 De Solo Ave., Po. Box 2402 . Chalsworth, CA 91313-2402' www.NalionaINolary.org . Item #5907 Reorder: Call Toll-Free 1-800-876-6827
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ACKNOWLEDGMENT
State af California
County of {\\,,-'tM~9k
On
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before me,
M\Gt1.p..~1..- "'fo.'\JV t4aT~tZ..y t'ul)i-Ic-
(insert name and title of the officer)
personally appeared ;)/';Mf..-s "TON V I
wha praved ta m~ on the basis of satisfactory evidence to be the personMWhose nam~ is/pPE(
subscribed to the within instrument and acknowledged to me that he/~.J;lEiftpe1executed the same in
his/oerl,tPEflr authorized capacity~ and that by his/~r signature.csron the instrument the
persan%,or the entity upon behalf af which the persar<<acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
~.
. CommIaaton II 177'9".
i Nofofy flubIIc . California I
AIamHo.Countv -
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. (Seal)
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