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RESOLUTION NO. 214 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
THIRD AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR LANDSCAPE
IMPROVEMENTS FOR TRACT 7136, DUBLIN RANCH AREA A (NEIGHBORHOOD A-I)
(TOLL BROTHERS, INC.)
WHEREAS, the subdivider of Tract 7136, filed on May 3, 2002, in Book 263 of Maps at Pages 87 -
93, previously entered into two (2) Tract Developer Agreements with the City of Dublin, one for Street
Improvements and one for Landscaping, to improve said Tract in accordance with plans and specifications on
file with the Public Works Director, said Tract identified as follows:
a) Subdivider:
b) Tract Location:
c) Tract Size:
d) Resolution Approving Agreement:
e) City Streets Affected:
Toll CA II, L.P., A California Limited Partnership
West of Fallon Road
110 Single-Family Lots
No. 32-02, City of Dublin City Council
Fallon Road, Signal Hill Drive
WHEREAS, the Tract Developer Agreements were previously amended on March 18,2003, via City
Council Resolution Nos. 44-03 and 45-03, and on March 16, 2004, via City Council Resolution Nos. 41-04
and 42-04 to extend the completion date to March 19,2005; and
WHEREAS, the Landscape Improvements as guaranteed by a Performance Bond and a Labor and
Materials Bond each in the amount of $1,094,300.00, 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:
The landscaping within the Parcels A, B, C, and D as shown on those plans titled "Landscape
Architecture Drawings, Tract 7136, Toll Brothers, Dublin Ranch Area A, Neighborhood A-I, Dublin,
CA.", Sheets 1 thorough 54 prepared by Nuvis Landscaping Architecture and Planning is not
complete; and
WHEREAS, the DEVELOPER has requested that Section 2 of the governing Tract Developer
Agreement be amended to reflect a reduced total security amount of $40,000 which is sufficient to guarantee
the remaining Parcels A, B, C, and D work; and
WHEREAS, it is in the best interest of the CITY to amend the governing Tract Developer Agreement
as proposed;
WHEREAS, the agreement amendment (Exhibit "A" of this Resolution) hereby incorporates by
reference all terms and conditions set forth in the original Tract Developer Agreement, and all terms and
conditions that are not specifically modified by the amendment shall remain in full force and effect.
WHEREAS, the original Performance Bond and Labor and Materials Bonds that guaranteed the
Improvements 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;
I
NOW, THEREFORE, BE IT RESOLVED that the third amendment (attached hereto as Exhibit
"A" of this Resolution) to the Tract Development Agreement for Tract 7136, Dublin Ranch Area A,
Neighborhood A-I, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Exhibit "A" in
duplicate.
BE IT FURTHER RESOLVED that:
1. The Landscape Improvements completed within said Tract 7136, including the parkstrips and
median islands on Signal Hill Drive, and the parkstrips on the west side of Fallon Road
associated with Tract 7252, are hereby approved and accepted subject to a one-year guarantee
period; and
2. The original Performance Bond issued by The Continental Insurance Company (Bond No.
929231722) in the amount of $1 ,094,300.00 be released; and
3. The original Labor and Materials Bond issued by The Continental Insurance Company (Bond
No. 929231722) in the amount of $1 ,094,300.00 be released; and
4. The submitted Performance Bond issued by Travelers Casualty and Surety Company of
America (Bond No. 104091615) in the amount of $40,000.00 be accepted as security for the
remaining work within Parcels A, B, C and D as originally required; and
5. The submitted Labor and Materials Bond issued by Travelers Casualty and Surety Company of
America (Bond No. 104091615) in the amount of $40,000.00 be accepted as security for the
remaining work within Parcels A, B, C and D as originally required; and
6. The submitted Maintenance Bond issued by The Continental Insurance Company (Bond No.
929328727) in the amount of $273,575.00 be accepted as security for the aforesaid one-year
maintenance period, said period to commence on this date and terminate on the 2nd day of
November, 2005.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 2004.
AYES:
Councilmembers McCormick, Oravetz, Sbranti, and Zika, and Mayor Lockhart
NOES:
None
ABSENT:
None
ABSTAIN:
None
G:\CC-MTGS\2004-qtr4\Nov\II-02-04\reso-landscape 7136.doc(Item 4.4)
2
EXHIBIT "A" OF
RESOLUTION NO. .~ 1'1 -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********
THIRD AMENDMENT TO TRACT DEVELOPER AGREEMENT FOR LANDSCAPE IMPROVEMENTS
ASSOCIATED WITH TRACT 7136, DUBLIN RANCH AREA A-I "PINNACLES"
(TOLL BROTHERS, INC.)
WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Toll Brothers, Inc. (hereinafter
referred to as "DEVELOPER"), entered into an Tract Developer Agreement for Landscape Improvements
(hereinafter referred to as "AGREEMENT") on March 19,2002; and
WHEREAS, the AGREEMENT was twice amended via City Council Resolution Nos. 45-03 and 42-04 to
extend the completion date to March 19, 2005; and
WHEREAS, the Landscape Improvements as guaranteed by a Performance Bond and Labor and Materials Bond
each in the amount of $1,094,300.00, 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:
The landscaping within Parcels A, B, C, and D of Tract 7136 as shown on those plans titled "Landscape
Architecture Drawings, Tract 7136 - Toll Brothers", Sheets 1 thorough 54 prepared by Nuvis Landscaping
Architecture and Planning is not complete; and
WHEREAS, the landscaping within the Tract is not complete, the DEVELOPER has requested that
Section 2 of the governing Tract Developer Agreement be amended to reflect a reduced total security amount of
$40,000.00 ($10,000.00 for each of the four parcels) which is sufficient to guarantee the remaining 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. The Estimated Cost of Improvements shown in Section 2 of the governing Tract Developer Agreement
is hereby reduced to $40,000.00 to reflect the cost oflandscaping Parcels A, B, C and D of Tract 7136.
2. This Amendment hereby incorporates by reference all terms and conditions set forth in the original
Tract Developer Agreement, and all terms and conditions which are not specifically modified by this
Amendment shall remain in full force and effect.
G:\DEVELOP\Dublin Ranch\Arca A\A-l Tract 7136\Ex 'N 3rd amend landscape If dev agmt Tr 7136.doc
CITY OF DUBLIN
Mayor,
Date:
ATTEST:
City Clerk
Date:
ToIl Brothers Inc.
BY:~
Its: Assistant Secretary
Print Name: II-Jõ~
By:
Its: Assistant Secretary
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Date
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Date
Print Name:
CALIFORNIA ALL"PURPOSE ACKNOWLEDGMENT
before me, CL a...\n
Nom. and TItIo of 0
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~sonally known to me
o proved to me on the basis of satisfactory
evidence
State of California
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County of
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personally appeared
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to be the person~ whose nam~ is.iat'e
subscribed to the within instrument and
acknowledged to me that hel~ executed
the same in histl:lel'.'{neir authorized
capacity~), and that . by his/Aer/H'IE:ir
signature(~ on the instrument the person(.s1, or
the entity upon behalf of which the person~
acted, executed the instrument.
OPTIONAL
Though the information be/ow 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 Attach~.pocu~en~
Title or Type of Document: ~VLJ b, +
~-OG(
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:
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