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HomeMy WebLinkAboutReso 165-04 LandscImprovDubRch RESOLUTION NO. 165 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTING LANDSCAPE IMPROVEMENTS ON CENTRAL PARKWAY, DUBLIN BOULEVARD, AND KEEGAN STREET 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 Il, UC, 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 Public Works Director, said Tract identified as follows: 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 for residential subdivision, one for future Town Center, one for Bray Commons Neighborhood Park, one for future commercial, and one remnant for merger with the property to the east No. 5-01, City Council of Dublin Central Parkway, Dublin Boulevard, and Keegan Street a) Subdivider: b) Tract Location: c) Tract Size: WHEREAS, on February 8,2001, DR Acquisitions II'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 said obligations were guaranteed by bonds in amounts totaling $7,371,158; and WHEREAS, on August 5, 2003, the City Council, via Resolution No. 168-03, accepted the rough grading, street improvements, and traffic signals within Tract 7148, but deferred acceptance of the landscape improvements. The City Council also reduced the required security ITom $7,371,158 to $1,427,400 to guarantee the remaining landscaping work; and WHEREAS, an amendment to the Agreement was approved by the City Council on February 3, 2004, via Resolution No. 18~04 that extended the completion date for the remaining landscaping until July 16, 2004; and WHEREAS, the City Council, via Resolution No. 214-03, entered into a separate Tract Improvement Agreement with Chang Su-O LiD, Hong Lien Lin, and DR Acquisitions II, LLC, for Tract 7453, that includes reconfiguration of the median island on Keegan Street north ofFinnian Way as part of the Fairway Ranch Development, a median originally included in the Toll~Dublin, LLC, obligations for Tract 7148; and WHEREAS, the obligation associated with landscaping the reconfigured median island on Keegan Street will be assumed by the developer of the Fairway Ranch project; and 1 WHEREAS, the landscaping governed by bonds totaling $1,427,400 are complete, except as provided above, in accordance with said plans and specifications and any approved modifications thereof, to the satisfaction of the Public Works Director of the City of Dublin; and WHEREAS, the original Performance Bonds and Labor and Materials Bonds can be released, in accordance with the authority contained in §66499. 7 of the Government Code of the State of California, and replaced with Maintenance Bonds to guarantee the completed work for a one~year period following acceptance; NOW, THEREFORE, BE IT RESOLVED that: 1. The landscape improvements in medians on Central Parkway, Dublin Boulevard and Keegan Street, except as provided below, have been completed within the said Tract and are hereby approved and accepted subject to a one-year warranty period; and 2. The obligation for landscaping the reconfigured median on Keegan Street north ofFinnian Way will now be assumed by the developer of Tract 7453; and 3. The original Performance Bond issued by Continental Insurance Company in the amount of $189,600 (Bond No. 929183466) for designated public improvements be released; and 4. The original Performance Bond issued by Continental Insurance Company in the amount of $206,000 (Bond No. 929183467) for designated public improvements be released; and 5. The original Perfonnance Bond issued by Continental Insurance Company in the amount of $201,200 (Bond No. 929183468) for designated public improvements be released; and 6. The original Performance Bond issued by Continental Insurance Company in the amount of $354,200 (Bond No. 929183465) for designated public improvements be released; and 7. The original Labor and Materials Bond issued by Continental Insurance Company in the amount of $94,800 (Bond No. 929183466) for designated public improvements be released; and 8. The original Labor and Materials Bond issued by Continental Insurance Company in the amount of $103,300 (Bond No. 929183467) for designated public improvements be released; and 9. The original Labor and Materials Bond issued by Continental Insurance Company in the amount of $ 100,600 (Bond No. 929183468) for designated public improvements be released; and 10. The original Labor and Materials Bond issued by Continental Insurance Company in the amount of$177,100 (Bond No. 929183465) for designated public improvements be released; and 11. The submitted Maintenance Bond issued by Continental Insurance Company in the amount of$217,750 (Bond No. 929328707) for designated public improvements be accepted as 2 security for the aforesaid one-year warranty period, said period to commence on this date and terminate on the 17th day of August, 2005; and PASSED, APPROVED AND ADOPTED this 17th day of August, 2004. AYES: Councilmembers McCormick, Oravetz, Sbranti, Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTES~ G\ ity Cl~z.d... K2/G/8-17-04/reso-7148.doc (Item 4.6) G:\DEVELOP\Dublin Ranch\Area O\Area G Tract 7148\Resoacpt landscape~7148.doc 3