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Home My WebLink AboutReso 207-04 TDADubRchAreaA RESOLUTION NO. 207 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR FALLON ROAD LANDSCAPING ASSOCIATED WITH TRACT 7135, DUBLIN RANCH AREA A (TOLL CA II, L.P., A CALIFORNIA LIMITED PARTNERSHIP) WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll CA n, L.P., a California Limited Partnership (hereinafter referred to as "DEVELOPER"), entered into seven Tract Developer Agreements that govern the Bulk Grading for Phase L the Storm Drain through the Golf Course, Fallon Road and Bent Tree Drive Improvements, Traffic Signals at the intersections of Fallon Road/Antone Way and Fallon Road/Bent Tree Drive, Upgrading Existing Fallon Road, Fallon Road Landscaping, and the Rough GradinglErosion Control for Tracts 7141 and 7142 (Tract Developer Agreements 1 through 7) on July 17, 2001; and 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 (Tract Developer Agreements 1 and 2 of 7) were completed and accepted by the City Council via Resolution No. 85-03 on May 20, 2003; and WHEREAS, the Storm Drain through the Golf Course and the Upgrades to Existing Fallon Road (Tract Developer Agreements 3 and 4 of 7) were completed and accepted by the City Council via Resolution No. 109- 03 on June 3, 2003; and WHEREAS, the Traffic Signals at the intersections of Fallon Road/Bent Tree Drive and Fallon Road/Antone Way (Tract Developer Agreement 5 of 7) were completed and accepted by the City Council via Resolution No. 182-03 on September 2,2003; and WHEREAS, the Street Improvements for Fallon Road and Bent Tree Drive (Tract Developer Agreement 6 of 7) were completed and accepted by the City Council via Resolution No. 224-03 on November 18,2003; and WHEREAS, the Fallon Road Landscape Improvements (Tract Developer Agreement 7 of 7) as guaranteed by a Performance Bond and a Labor and Materials Bond each in the amount of $2,971,560.00, are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the Director of Public Works with one exception as follows: Landscaping within the Stream Corridor (parcel D of Tract 7135 and Parcel B of Tract 7252) as shown on those plans entitled, "Landscape Architecture Drawings, Tract 7136 - Stream Corridor", Sheets 1 thorough 19, prepared by Nuvis Landscaping Architecture and Planning, is not complete; and WHEREAS, DEVELOPER has requested that Section 1 of the governing Tract Developer Agreement be amended to extend the completion date until July 17, 2005, to allow time to complete the Stream Corridor landscaping; and WHEREAS, DEVELOPER has also requested that Section 2 of the governing Tract Developer Agreement be amended to reflect a reduced total security amount of $1,015,850.00 which is sufficient to guarantee the remaining Stream Corridor; and 1 WHEREAS, it is in the best interest of the CI1Y to amend the governing Tract Developer Agreement as proposed; and WHEREAS, the agreement amendment (Exhibit "A" of this Resolution) hereby incorporates by I. reference aU terms and conditions set forth in the original Tract Developer Agreement, and aU tenDS and conditions that are not.specifically modified by the amendment shall remain in full force and effect. WHEREAS, the Decrease Rider (Exhibit "B" of this Resolution) hereby reduces the total security amount to $1,015,850.00; and WHEREAS, a Maintenance Bond in the amount of $488,928.00 has been submitted to replace the original Perfonnance Bond and Labor and. Materials Bond in accordance with the authority contained in ~66499.7 of the Government Code to guarantee the completed work for a one-year warranty period following acceptance. NOW, TBEREFORE,BE IT RESOLVED that the amendment (attached hereto as Exhibit "'A") to the Tract Development Agreement for Tract 7135, Dublin Ranch Area A, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Exhibit "N'. BE IT FURTIlER RESOLVED that the Mayor is hereby authorized to execute the Decrease Rider (attached hereto as Exhibit ..B") for Bond No, 929208209 in the amount of $1,105,850.00 issued by The Continental Insurance Company on behalf of Ton-Dublin LLC, a California Limited Liability Company in favor of the City of Dublin in duplicate. BE IT FURTHER RESOLVED that: 1. The Landscape Improvements including the median islands on Fallon Road, the parkstrip and storm water quality swales along the east side FaUon Road, the parkstrips and median islands on Bent Tree Drive, 8l1d the decorative rock facing and landscaping associated with the stonn culvert that extends under Antone Way, just west ofFaUon Road are hereby approved and accepted subject to a one-year guarantee period.' and 2. The submitted Maintenance Bond issued by The Continental Insurance Company in the amour of $488,928.00 (Bond No. 92932728) be accepted as security for the aforesaid one-year warranty period; sa; period to commence on this date and terminate on the 19th day of October, 2005. PASSED, APPROVED AND ADOPTED this 19th day of October, 2004. AYES: NOES: ABSENT: ABSTAIN: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart None None None ATfEST: ~~A--3 Deputy City Clerk "'ICC-MT0S\2OO4-q1r4\Oct\lo-19..04'feso..faUon rd Iandacape.doc (hem 4.8) 2 .J11; .. ExmBIT "A" OF RESOLUTION No.d.01 -04 AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR FALLON ROAD LANDSCAPING ASSOCIATED WITH TRACT 7135, DUBLIN RANCH AREA A (TOLL CA II, L.P., A CALIFORNIA LIMITED PARTNERSmp) WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll CA n, L.P., a California Limited Partnership (hereinafter referred to as "DEVELOPER"), entered into seven Tract Developer Agreements that govern the Bulk Grading for Phase I, the Storm Drain 'through the Golf Course, Fallon Road and Bent Tree Drive improvements, Traffic Signals at the intersections of Fallon Road/Antone Way and Fallon Road/Bent Tree Drive, Upgrading existing Fallon Road, Fallon Road Landscaping, and the Rough Grading/Erosion Control for Tracts 7141 and 7142 (Tract Developer Agreements 1 through 7) on July 17, 2001; and 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 (Tract Developer Agreements 1 and 2 of 7) were completed and accepted by the City Council via Resolution No. 85-03 on May 20, 2003; and WHEREAS, the Storm Drain through the Golf Course and the Upgrades to Existing Fallon Road (Tract Developer Agreements 3 and 4 of 7) were completed and accepted by the City Council via Resolution No. 109·03 on June 3, 2003; and WHEREAS, the Traffic Signals at the intersections of Fallon RoadlBent Tree Drive and Fallon Road/Antone Way (Tract Developer Agreement 5 of 7) were completed and accepted by the City Council via Resolution No. 182-03 on September 2,2003; and WHEREAS, the Street Improvements for Fallon Road and Bent Tree Drive (Tract Developer Agreement 6 of7) were completed and accepted by the City Council via Resolution No. 224-03 on November 18, 2003; and WHEREAS, the Fallon Road Landscape Improvements (Tract Developer Agreement 7 of 7) as guaranteed by a Performance Bond and a Labor and Materials Bond each in the amount of $2,971,560, are complete in accordance with said plans and specifications, and any approved modifications thereto, to the satisfaction of the Director of Public Works with one exception as follows: The landscaping within the Stream Corridor (Parcel D of Tract 7135 and Parcel B of Tract 7252) as shown on those plans titled "Landscape Architecture Drawings, Tract 7136 - Stream Corridor", Sheets 1 thorough 19 prepared by Nuvis Landscaping Architecture and Planning is not complete; and WHEREAS, the landscaping within the Stream Corridor is not complete, DEVELOPER has requested that Section 1 of the governing Tract Developer Agreement be amended to extend the completion date until July 17,2005; and WHEREAS, the landscaping within the Stream Corridor is not complete, DEVELOPER has also requested that Section 2 of the governing Tract Developer Agreement be amended to reflect a reduced total security amount of$1,015,850 which is sufficient to guarantee the remaining Stream Corridor work; and WHEREAS, it is in the best interest of the CITY to amend the governing Tract Developer Agreement as proposed. NOW, THEREFORE, the parties hereto agree as follows: - 1 - ---. .-. ,,- .-- - -. tilL' . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me, ~CL\CL§~~~{ort}.~:Not~ll~ D\ (C-, :Jcn ~ a '1 ()-::SsSignortS) , ~sonally known to me o proved to me on the basis of satisfactory evidence State of California County of (on+rlÀ Co ~-\lA. On q- '-'2Y-OL( \-\. Date personally appeared ~. ~ .. ~ -. .. - WÑtRûst- ~ .. J .. . CommIsSIOn # 1426041 ï .' Notary Public:: . California ~ Contra COlla County ~ _ _ _ ~~or:m:?~_~1~2~71 }ss to be the personM whose nam~ isJ.a.toe subscribed to the within instrument and acknowledged to me that he/sfteftAey executed the same in his/.Þef4he;r authorized capacìty~), and that by his/Rer/tRcir signature(~ on the instrument the person(.s1, or the entity upon behalf of which the person~ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: q ttt\ (6,' * f\ 0-~l-OY Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: I C ;~ of lub\\VÎ_ Number of Pages: Top of thumb here Ii> 1999 National Notary Associotion . 9350 De SOlO Ave,. P.O. Box 2402' ChotsWMh, CA 91313·2402' WWVI,natlonalnotary,org Prod, No, 5907 Reordor: Call TolI·Fre. '-800-875·5527 EXHIBIT "s" OF RESOLUTION NO. ~O, - 04 RECEIVED Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania The Continental Insurance Company CNA ')1····"'..') ;;¡")l"I(\ ".. :." ..f I ! U () .~'* PUBLIC WORKS CNA Plaza Chicago, Illinois 60685 A Stock Company (PERFORMANCE AND LABOR AND MATERIALS BONDS) DECREASE RIDER To be attached and made a part of Bond No. 929208209 issued by THE CONTINENTAL INSURANCE COMPANY, (hereinafter called the Surety), on behalf of TOLL-DUBLIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (hereinafter called the Principal), in favor of the CITY OF DUBLIN (hereinafter called the Obligee), and dated the 9 TH Day of JULY, 2001. In consideration of the premium charged for the attached bond and other good and valuable consideration it is understood and agreed that effective the 6 TH day of OCTOBER, 2004 and subject to all the terms, conditions and limitations of the attached bond, the penal sum thereof shall be and the same is hereby decreased from the sum of TWO MILLION NINE HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED SIXTY AND 00/100 DOLLARS ($2,971,560.00) to the sum of ONE MILLION FIFTEEN THOUSAND EIGHT HUNDRED FIFTY AND 001100 DOLLARS ($1,015,850.00). It is further understood and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of TWO MILLION NINE HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED SIXTY AND 00/1 00 DOLLARS ($2,971,560.00), or for any loss occurring subsequent to said date shall not exceed the sum of ONE MILLION FIFTEEN THOUSAND EIGHT HUNDRED FIFTY AND 00/100 DOLLARS ($1,015,850.00). In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, it being the intent hereof to preclude cumulative liability. Signed, sealed and dated this 6 TH day of OCTOBER, 2004. ATTEST: TOLL-DUBLIN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ~ B~ THE ABOVE IS HEREBY AGREED TO AND ACCEPTED BY: THE CONTINENTAL INSURANCE COMPANY CITY OF DUBLIN BY , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of PENNSYLVANIA County of CHESTRR ()n OCTOBER 6, 2004 before me, ARLENE OSTROFF NOTARY PUBLIC NAME. TITLE Of OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC" DATE personally appeared DANIEL p, DUNIGAN NAME(S) OF $IGNER(SI ŒI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso~whose name~ is:iam subscribed to the within instrument and ac- knowledged to me that he/~ executed the same in hi~ authorized capacit~, and that by hi~~ signature(s): on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. N::i~n¡,~~;/..l. ~~.A.L AAI.tM :1, : i:'JF, "h:--,~~ "',iJlk: "~'., liM,,,,"'" C;¡W¡!ì, ",., ..y c.n.'ftt.oôkHIt;q¡¡".3N1/wtlnW·( 21, Z004 ~ä:~ea1. OPTIONAL - Though the data below Is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER ~ o INDIVIDUAL . 0 CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT D PAmNER(S) 1l11.E(S) D UMITED D GENERAL []: ATTORNEY·IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PERSON(S) OR ENTITY(1ES) THE CONTINENTAL INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAl NOTARY ASSOCIATION' 8236 Remmet Ave., P.O. Box 7184. Canoga Pari<, CA 91309-7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a South Carolina corpOl:ation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation (herein called "the CIC Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William F Simkiss, Daniel P Dunigan, Richard J Decker, Joseph Kalak, Brian Block, Individually of Paoli, P A, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affIXed on this 2nd day of March, 2004. ..:r1Ñiël~. ~'ør-: ... . . . . :.. . It: - I~ :;E;, : \~ - : \~ ~ t:~: ............. The Continental Insurance Company Firemen's Insurance Company of Newark, New Jersey ~~ t1.... ÅL- Michael Gengler ( Senior 'ýice President State of Illinois, County of Cook, ss: On this 2nd day of March, 2004, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State ofDlinois; that he is a Senior Vice President of The Continental Insurance Company, a South Carolina corporation, and Firemen '5 Insurance Company of Newark, New Jersey, a New Jersey corporalion described in and which executed the -above instrument; that he knows the seals of said corporations; that the seals affixed to the said instruiDent are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL EUZA PRICE IIOTM'I'I'U&IO,,,_IIF~ 1II'~_'1III1," My Commission Expires September 17, 2006 £~ (Y~ CERTIF1CATE I, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company, a SonIh Carolina corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resol_on of the Board of Directors of the corporations pñnÞ:d on the reverse hereofis still in force. In testimony whereof! have here\Ulto subscribed my name and affixed the seal of the said corporations this 6 TH day of OCTOBER 2004 . ..t:t!~ l:fB··~~ · ![~ =. \ :~, B: ',~ = fl \~ .11'4 ......::...F· Form F6850-11/2001 The Contiøa1tal Insurance Company Firemen's Insurance Coqxmy of Newark, New Jersey ~(2~nf-~ CNA THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31,2003 ASSEJS: Cash Short-term investments (principally U.S. Government Obligations) United States Government obligations Other public bonds Industrial and miscellaneous bonds Preferred stocks Common stocks of affiliated companies Other common stocks Real Estate Premiums and agents' balances In course of coIledion Premiums, agents balances and IrutallmCftts booked but deferred and not yet due h:aUed retrospective premiums Accrued Interest dividends and rentS Other ~ AdmItted Assets UABllITIES: unearned premium reserve Reserve for loss and loss adjustment expense Reserve for taxes.liœnses and fee5 (including federal income taXeS) Other Liabilities Total liabilities SURPLUS: CapItal paid up ($5.00 par value) Shares authodœd: 10,713,272 Surplus issued: 10,713,272 Surplus u Reprds Polkyholden ToCaI fIIure of Items PÞ add to totals shown Is due 10 rounding. $ 9,295,024 362,020,144 431,354,815 1,424,003,985 275,913,549 o 208,330, , '0 28,582,483 37,333,837 '41,607,676 23,172,969 o 21,974,583 401,856,225 $ 3,365,445,399 $ 0 113,171,194 44,279,370 2,474,951,046 $ 2,632,401,610 $ 1,111,535,227 (J78,491,439) 733,()43,788 $ 3,365,445,399 StIle of illinois ) )IS County of Coole) On this 14th day cf May, 2004, before me ante Lawrence J. Boysen and My Adams, known to me personally to be the SenIor VICe President and the VICe President, respedivdy, of the Continentallnøanœ Company being fully sworn, certify and atteSt that the fore¡olng .-ment Is a true and c:otTeI:t statement d the assets and liab\lities of the said company IS of the date shawn In the stalement. ~) ~.¿J~ Notary Ie :l~4-~ ,..~~".Av.A~-~~p.~ OFFICIAL SEAL NEIRA 0 DORITY tIIJ,NtI pœuc, .'ATE Of IU.INOII lit COW_ION EptREttaIZMM . . . . NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, Nationa1 Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Fonn F131 0