HomeMy WebLinkAboutReso 166-03 CalifHighlndTR5926RESOLUTION NO. 166 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTANCE OF IMPROVEMENTS FOR T~CT 5926 (CALIFORNIA HIGHLANDS),
APPROVAL OF REGULATORY TRAFFIC CONTROL DEVICES, AND APPROVAL
OF AMENDMENT NO. 1 TO THE AGREEMENT TO PRO~E SEC~Ty AND
maI T-Or-ENTRV fOR INSTALLATION OF DRAINAGE I~ROVEMENTS
WHEREAS, the subdivider of Tract 5926, filed on January 8, 1996, in Book 222 of Maps at Pages
71 - 84, previously entered into a Tract Developer Agreement with the City of Dublin on December 12,,
1995, to improve said Tract in accordance with plans and specifications on file with the City Engineer,
said Tract identified as follows:
a) Subdivider:
b) Tract Location:
c) Tract Size:
d) Resolution Approving Final Map:
e) City Streets Affected:
KB Homes, Inc. (KB Homes), formerly Kaufman and
Broad of Northern 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 of Dublin
Dublin Boulevard
WHEREAS, the Tract improvements associated with Tract 5926 are complete in accordance with
said plans and specifications, and any approved modifications thereof, to the satisfaction of said City
Engineer of the City of Dublin; and
WHEREAS, the developer has installed certain traffic regulatory devices as a part of the Tract
improvements; and
WHEREAS, the original Performance Bond and Labor and Materials Bond referenced in the Tract
Developer Agreement can be released in accordance with the authority contained in §66499.7 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; and
WHEREAS, the City and the ~subdivider also entered into an Agreement to Provide Security and
Right of Entry for Installation of Drainage Improvements for the California Highlands (City of Dublin
Subdivision ii 5926) on November 5, 1998, an agreement that was subsequently recorded with the
Alameda County Recorder as series No. 99012869 on January 12, 1999; and
WHEREAS, the subdivider has asked that Amendment No. 1 to said.. Agreement be approved
to extend the completion deadline until September 30, 2004, to revise the Improvement Security
requirements, and to change the subdivider's contact information; and
WHEREAS, the City Engineer has reviewed the subdivider's request, and determined that it is in
the best interests of the City to approve the subdivider's request; and
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WHEREAS, Amendment No. 1 hereby incorporates by reference all terms and conditions set
forth in the original Agreement, and all terms and conditions which are not specifically modified by
Amendment No. 1 shall remain in full force and effect;
NOW, THEREFORE, BE IT RESOLVED that:
The tract improvements associated with said Tract are hereby approved and accepted
subject to a one-year guarantee.
The traffic regulatory devices installed by the developer are hereby included in the City of
Dublin Traffic Code, said regulatory devices to include the follOwing:
a. Bower Lane, Brigadoon Way, Cory Lane, Craigtown Lane, Dalmally Lane, Dulsie
Lane, Eastertown Lane, Glengarr--y Lane, Ian Lane, McBride Lane, McKay Lane,
McPeak Lane, Melvich Lane, Royshill Lane, Ruthven Lane, Somoway Lane and
Wallace Lane are designated as "Private Streets."
b. No Parking Restriction on both sides of Dublin Boulevard between the easterly tract
boundary and the westerly terminus of Dublin Boulevard (Traffic Code Section
6.28.010).
o
The original Performance Bonds issued by The American Insurance Company (Bond Nos.
138045788 and 11127298245) in the amount of $3,600,000.00 be released.
The original Payment Bonds issued by The American Insurance Company (Bond Nos.
138045788 and 11127298245) in the amount of $1,800,000.00 be released.
The submitted Maintenance Bonds issued by American Casualty Company of Reading,
PA, and the American Insurance Company (Bond Nos. 138045788 and 11127298245) in
the amount of $900,000.00 for off-site improvements be accepted as security for the
aforesaid one-year maintenance period, said period to commence on this date and terminate
on the 5th day of August, 2004.
BE IT FURTHER RESOLVED that:
Amendment No. 1 to the Agreement to Provide Security and Right of Entry for Installation
of Drainage Improvements for the California Highlands (City of Dublin Subdivision
#5926) is hereby approved.
The deadline for completion of the improvements governed by said Amendment No. 1 be
extended until September 30, 2004.
3. The original Letter of Credit in the amount of $450,000.00 be released.
The submitted Faithful Performance Bond and Labor. and Minerals. BgEd by Fidelity and
Deposit Company of Maryland (Bond No. 08658047) in the amount of $116,164.50 be
accepted as Improvement Security for said Amendment No. 1.
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The subdivider's contact person for issues related to this agreement be as specified in
Amendment No. 1.
BE IT FURTHER RESOLVED that the City Council hereby directs anal authorizes the City
Manager to execute Amendment No. 1, and directs the City Clerk to record Amendment No. 1, along with
a certified copy of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of AugUst, 2003.
AYES:
Councilmembers McCormick, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: Councilmember Oravetz
ABSTAIN:' None
ATTEST:
U..... M~yor
K2/G/8-5-03/reso-5926.doc (Item 4.10)
GSDEVELOP\CA Highland~Resoacpt imp 5926.do¢
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