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HomeMy WebLinkAboutReso 35-04 Acceptance of Improvements for Dublin Boulevard and Scarlett Drive and Approving Regulatory Traffic Control Devices (Ness Family Parnerts, L.P.) RESOLUTION NO. 35 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF IMPROVEMENTS FOR DUBLIN BOULEVARD AND SCARLETT DRIVE AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES (NESS FAMILY PARTNERS, L.P.) WHEREAS, the public right-of-way for Dublin Boulevard, in the incorporated ten/tory of the City of Dublin, was irrevocably dedicated to the public via an Irrevocable Offer of Dedication documem recorded on January 25, 200t (Series No. 2001028788), all in accordance with the Findings of Approval of an Appealable Action Letter for P. A. 97-030 approved by the Community Development Director on December 1, 1997; and WHEREAS, Ness Family Parmers, L.P., previously entered into an Improvement Agreement with the City of Dublin to improve Dublin Boulevard and Searlett Drive as part of the Arlen Ness Motorcycle facility project in accordance with plans and specifications on file with the Public Works Director, said improvements identified as follows: a) Developer: Ness Family Partners, L. P. b) Project Location: Southeast corner of Dublin Boulevard and Scarlett Drive c) Project Size: 2 Story Building - 68,392 SF d) Resolution Approving Agreement: No. 137-02, City of Dublin City Council e) City Streets Affected: Dublin Boulevard and Scarier Drive WHEREAS, the improvements associated with the project are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the Public Works Director, and WHEREAS, the developer has installed a certain regulatory traffic control device as a part of the project improvements; and WHEREAS, the original Performance Bond and Labor and Materials Bond 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; NOW, THEREFORE, BE IT RESOLVED that: 1. The improvements completed on Dublin Boulevard and Scarlett Drive are hereby approved and accepted subject to a one-year guarantee period; and 2. 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: 1 "No Parking Anytime" restriction has been installed on both sides of Scarlett Drive between Dublin Boulevard and the southerly project boundary, east of the Chabot Canal, and on the south side of Dublin Boulevard along the property frontage. 3. The original Performance Bond issued by Developer's Surety and Indemnity Company (Bond No. 878716S) in the amount of $199,000.00 be released; and 4. The original Labor and Materials Bond issued by Developer's Surety and Indemnity Company (Bond No. $78716S) in the amount of $I99,000.00 be released; and 5. The submitted Maintenance Bond issued by Developer's Surety and Indemnity Company (Bond No. 878716S) in the amount of $49,750.00 be accepted as security for the aforesaid one-year warranty period, said period to commence on this date and terminate on the 16th day of March, 2005. PASSED, APPROVED AND ADOPTED this 16th day of March, 2004. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None )~(/~..~~ Mayor ATTEST: K2/G/3-164)4/reso-ness.doc (Item 4.2) G:~DEVELOP~rten Ness~oaept.floe