HomeMy WebLinkAboutReso 168-03 Toll-DubTR7148AmdAgRESOLUTION NO. 168 - 03
A RESOLUTION OF THE CI~ COUNCIL
OF THE CITY OF DUBLIN
APPROVING ~ ~~MENT T0 T~.T~CTDE~LO~ ~Q~~T, ~D
ACCEPT~G ROUGH G~D~G~ ST~ET IMPR0~MENTS' ~ T~Fic SIGN'S
FOR T~CT 7148, DUBL~ ~CH, A~AS F, G, AND H (TOLL-DUBLIN, LLC)
~D ~PRO~NG ~G~ATORY T~FIC DE~CES
WHEREAS, the subdivider of Tract 7148, filed on February 14, 2001, in Book 257 of Maps at
Pages 3-7, entered into a Tract Developer Agreement between the City of Dublin and DR Acquisitions II,,
LLC, regarding Tract 7148 (Areas E [Portion], F, G, and H, Dublin Ranch) on January 16, 2001, to
improve said Tract in accordance with plans and specificatio, ns 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:
Chang Su-O Lin, Hong Yao Lin, and Hong Lien Lin, With
subsequent assignment to DR Acquisitions II, LLC
East of Brannigan, North of Dublin Boulevard, South of
Central Parkway, West of Keegan Street
9 large parcels, 5 of which are reserved for subsequent
residential subdivision, one for furore Town Center, one
for future Bray Commons Neighborhood Park, and one
remnant for merger with the property to the east
No. 5-01, City Council of Dublin
Brannigan Street, Central Parkway, Chancery Lane, Dublin
Boulevard, Finnian Way, Keegan Street, and Maguire Way
WHEREAS, on February 8, 2001, DR Acquisitions IFs obligations were transferred to Toll-
Dublin, LLC, a California Limited Liability Company, via an Assignment of Tract Developer Agreement
authorized by the City Manager; and
WHEREAS, DR Acquisitions II submitted a Letter of Credit as security to guarantee performance,
which was subsequently replaced by Toll-Dublin with bonds in amounts totaling $7,371,158.00 to secure
the obligations under the original Tract Developer Agreement; and
WHEREAS, the rough grading, street improvements, and traffic signals governed by bonds
totaling $5,943,758.00 are complete in accordance with said plans and specifications, and any approved
modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and
WHEREAS, Toll-Dublin has requested that the agreement be amendext to reflect a reduced tota!
security amount of $1,427,400.00 which is sufficient to guarantee the remaining landscaping work; and
WHEREAS, the amendment (Exhibit "A" of this Resobltion) hereby incorporates by reference
all terms and conditions set forth in the agreement, and all tenn~ ~d conditions which are not specifically
modified by the amendment shall remain in full force and effect; and
WHEREAS, the developer has installed certain traffic regulatory devices as a part of the Tract
improvements; and
WHEREAS, Toll-Dublin, has requested that bonds with amounts totaling $5,943,758.00 be
released in accordance with the authority contained in Section 66499.7 of the Government Code of the
State of California, and replaced with a Maintenance Bond to warranty the completed work for a one-year
period;
NOW, THEREFORE, BE IT RESOLVED that:
The rough grading, street improvements, and traffic signals have been completed within
said Tract are hereby approved and accepted subject to a one-year warranty period; and
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) Brannigan Street is designated as a "Through Street".
b) "No Parking at Anytime" restriction on the north side of Dublin Boulevard between
Brannigan Street and Keegan Street.
c) "No Parking at Anytime" restriction on both sides of Brannigan Street between Dublin
Boulevard and Central Parkway.
d) Stop control device installed at the southbound approach of Chancery Lane at Finnian
Way.
e) Stop control device installed at the northbound approach of Chancery Lane at Central
Parkway.
f) Stop control device installed at the northbound approach of Maguire Way at Finnian
Way.
g) Stop control devices installed at all three approaches for the intersection of Brannigan
Street and Finnian Way, Finnian Way and Keegan Street, and Keegan Street and
Maguire Way.
The original Performance Bond issued by Continental Insurance Company in the amount of
$3,013,505 (Bond No. 929183469) for designated public improvements be released; and
The original Performance Bond issued by Continental Insurance Company in the amount of
$153'000 (Bond No. 929190991) for designated public improvements be released; and
The original Performance Bond issued by Continental Insurance Company in the amount of
$616,000 (Bond No. 929190990) for rough grading be released; and
The original Performance Bond issued by Continental Insurance Company in the amount of
$180,000 (Bond No. 929190992) for designated public improvements be released; and
The original Labor and Materials Bond issued by Continental Insurance Company in the
amount of $1,506,753 (Bond No. 929183469) for designated public improvements be
released; and
2
ge
The original Labor and Materials Bond issued by Continental Insurance Company in
the amount of $76,500 (Bond No. 929190991) for designated public improvements be
released; and
o
The original Labor and Materials Bond issued by Continental Insurance Company in the
amount of $308,000 (Bond No. 929190990) for rough grading be released; and
10.
The original Labor and Materials Bond issued by Continental Insurance Company in
the amount of $90,000 (Bond No. 929190992) for designated public improvements be
released; and
11.
The submitted Maintenance Bond issued by Continental Insurance Company in the amount
of $753,377 (Bond No. 929257034) for designated public improvements be accepted as
security for the aforesaid one-year warranty period, said period to commence on this date
and terminate on the 5th day of August, 2004; and
12.
Section 3 of the governing Agreement be amended to reflect a total remaining security
amount of $1,427,400.00; and
13.
The original Performance Bonds in the amounts of $189,600, $206,600.00, $201,200.00,
and $354,200.00 for a total amount of $951,600.00, and the original Labor and Materials
Bonds in the amounts of $94,800, $103,300, $100,600, and $177,100 for a total amount of
$475,800 to guarantee construction of the on-site and off-site tract landscape improvements
for Tract 7148 shall remain in full force and effect; and
14.
The amendment (Exhibit "A" of this resolution) to the Tract Development Agreement for
Tract 7148, Dublin Ranch, Areas F, G, and H, is hereby approved.
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
.~ Cle~--
K2/G/8-5-03/reso-714~c (Item 4.12)
GADEVELOP~Dublin Ranch~Areas G~.rea G Tract 7148~Resoacpt7148.doc
-- May~r ....
EXHIBIT "A" OF RESOLUTION /~o ~ -2003
AMENDMENT TO THE TRACT DEVELOPER AGREEMENT FOR TRACT 7148
DUBLIN RANCH AREAS F, G~ AND H (TOLL-DUBLIN, LLC)
WHEREAS, the subdivider of Tract 7148, filed on February 14, 2001 in Book 257 of Maps at
Pages 3-7, entered into a Tract Developer Agreement between the City of Dublin and DR Acquisitions II,
LLC, regarding Tract 7148 (Areas E [Portion], F, G, and H, Dublin Ranch) on January 16, 2001, to
improve said Tract in accordance with plans and specifications on file with the City Engineer; and
WHEREAS, on February 8, 2001, DR Acquisitions II, LLC's, obligations were transferred to Toll-
Dublin, LLC, a California Limited Liability Company, via an Assignment of Tract Developer Agreement
authorized by the City Manager; and
WHEREAS, DR Acquisitions II submitted a Letter of Credit as security to guarantee performance,
which was subsequently replaced by Toll-Dublin, LLC, with bonds in amounts totaling $7,371,158.00 to
secure the obligations under the original Tract Developer Agreement; and
WHEREAS, Toll-Dublin, LLC, has asked that the agreement be amended to reflect a reduced total
security amount of $1,427,400.00 which is sufficient to guarantee the remaining landscaping work; and
WHEREAS, this Exhibit "A" hereby incorporates by reference all terms and conditions set forth in
the agreement, and all terms and conditions which are not specifically modified by the amendment shall
remain in full force and effect;
NOW, THEREFORE, the parties hereto agree as follows:
Section 3 of the governing Agreement shall be amended to reflect a total remaining security
amount of $1,427,400.00; and
The original Performance Bonds in the amounts of $189,600, $206,600.00, $201,200.00, and
$354,200.00 for a total amount of $951,600.00, and the original Labor and Materials Bonds in the
amounts of $94,800, $103,300, $100,600, and $177,100 for a total amount of $475,800 to guarantee
construction of the on-site and off-site tract landscape improvements for Tract 7148 shall remain in full
force and effect.
CID OF DUBLIN
EXHIBIT "A" OF RESOLUTION t~-~ -2003
Toll-Dublin, LLC
A California Limited Liability Company
Date:
By:
Its: Assistant Secretary
Date:
G:\DEVELOP\Dublin Ranch~Areas G~Area G Tract 7148X~Exhibit 'A' amend tr.dev.agmt_7148.doc