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HomeMy WebLinkAboutReso 085-03 A-6 & A-7 BulkGrade RESOLUTION NO. 85 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF BULK GRADING FOR PHASE I (TRACT 7135), AND ROUGH GRADING AND EROSION CONTROL IMPROVEMENTS FOR NEIGHBORHOODS A-6 AND A-7 (TRACTS 7141 AND 7142) (DUBLIN RANCH, AREA A) WHEREAS, the subdivider of Tract 7135, filed on August 10, 2001, in Book 259 of Maps at Pages 57 - 63, previously entered into seven Tract Developer Agreements with the City of Dublin to improve said Tract in accordance with plans and specifications on file with the City Engineer, said Tract identified as follows: a) Subdivider: Toll CA II, L. P. b) Tract Location: Fallon Road c) Tract Size: 202 Single-Family Lots, Golf Course, Open Space d) Resolution Approving Agreement: No. 126-01, City of Dublin City Council e) City Streets Affected: None 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, as governed by two of the seven Tract Developer Agreements, are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the original Performance Bond associated with the Bulk Grading for Phase I can be released in accordance with the authority contained in §66499.7 of the Government Code of the State of California. The developer has provided replacement bonds to guarantee the Bulk Grading for Phase I improvements as part of the previously executed Tract Improvement Agreements for Tracts 7136 through 7142 (Neighborhoods A-1 through A-7) which includes grading maintenance measures until the Tracts are fully developed and accepted, and no separate Maintenance Bond is therefore required for this work; and WHEREAS, the original Performance Bond and Labor and Materials Bonds associated with the Rough Grading and Erosion Control can be released for Neighborhoods A-6 and A-7 in accordance with the authority contained in §66499.7 of the Government Code of the State of California. The developer has provided replacement bonds to guarantee the Erosion Control improvements as part of the previously executed Tract Improvement Agreements for Tracts 7141 and 7142 which includes Rough Grading and Erosion Control maintenance measures until the Tracts are fully developed and accepted, and no separate Maintenance Bond is therefore required for this work; NOW, THEREFORE, BE IT RESOLVED that: 1. The Bulk Grading for Phase I, and the Rough Grading and Erosion Control improvements completed within Neighborhoods A-6 and A-7 said Tract are hereby approved and accepted; and 2. The original Bulk Grading for Phase I Performance Bond issued by The Continemal Insurance Company (Bond No. 929168172) in the amount of $4,000,000.00 be released; and 3. The original Rough Grading and Erosion Control Performance Bond issued by The Continental Insurance Company (Bond No. 929205112) in the amount of $1,280,000.00 be released; and 4. The original Rough Grading and Erosion Control Labor and Materials Bond issued by The Continental Insurance Company (Bond No. 929205112) in the amount of $640,000.00 be released. PASSED, APPROVED AND ADOPTED this 20th day of May, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: {~/ Mayor D epJty City Clerk G:\CC-MTGS~2003-qtr2\May~5-20-03~reso-dub ranch grad.doc (Item 4.4) 2