HomeMy WebLinkAboutItem 4.06 DubRchTr7148
CITY CLERK
File # D~ra[Q]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 17, 2004
SUBJECT:
Acceptance of Landscape Improvements for Tract 7148, Dublin
Ranch, Areas F, G, and H (Toll-Dublin, LLC)
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
Resolution
Location Map
RECOMMENDATION: Adopt the resolution accepting the landscape improvements for
# Tract 7148, Dublin Ranch Areas F. G, and H
FINANCIAL STATEMENT:
Toll-Dublin, LLC, has provided a Maintenance Bond in the amount
of $237,900 to replace the Perfonnance and Labor and Materials
Bonds that guaranteed the landscaping. Said Maintenance Bond will
guarantee against defects for one year. Once these improvements
have been accepted, the City will incur maintenance costs for
median island landscaping on Central Parkway, Dublin Boulevard
and Keegan Street.
DESCRIPTION: Toll-Dublin, LLC, recently completed landscape improvements
within the median islands on Central Parkway between Tassajara Road and Keegan Street, Dublin
Boulevard between Tassajara Road and Keegan Street, and Keegan Street between Central Parkway and
Dublin Boulevard, all within Tract 7148, Dublin Ranch Areas F, G and H. These landscape
improvements were required as a Condition of Approval for Vesting Tentative Map 7148, as approved by
the Planning Commission in March 2000. Originally, a Tract Developer Agreement between the City and
DR Acquisitions II guaranteed all of the subdivision work; however, said agreement was subsequently
assigned to Toll-Dublin, LLC, in February 2001.
In August 2003, the City Council accepted the rough grading, street improvements, and traffic signals
within Tract 7148, but deferred acceptance of the landscape improvements as the landscape improvements
were still under construction at that time. Consequently, the Council approved an amendment to the
agreement in January 2004 granting Toll-Dublin, LLC, an additional six months to complete the
remaining landscaping.
Two months prior to the agreement amendment, the City entered into a separate Tract Improvement
Agreement with the Lin's and Sierra Land for improvements associated with Fairway Ranch (Tract 7453),
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COPIES TO: H. Jon Paynter, Toll-Dublin, LLC
lõb ~ ITEM NO. M
G:\DEVELOP\Dublin Ranch\Area G\Area G Tract 7148\Agstacpt landscape_7148.doc
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including certain improvements to Keegan Street. Specifically, the Fairway Ranch project was required to
reconfigure the landscaped median island on Keegan Street north of Finnian Way, a median island that
Toll-Dublin, LLC, had been obligated to landscape as part of Tract 7148. As such, the landscaping within
the reconfigured median island is currently incomplete.
With the exception of the reconfigured median island, the landscape improvements within Tract 7148 are
now complete pursuant to the Tract Developer Agreement and to the satisfaction of the Public Works
Director. It is therefore appropriate for the landscape improvements to be accepted by the City for
permanent maintenance, and for the obligation associated with landscaping the reconfigured median
island to be assumed by the Un's and Sierra Land as part of the Fairway Ranch project.
At the time that Toll-Dublin, LLC, assumed DR Acquisition II's obligations of the Tract Developer
Agreement for Tract 7148, Toll-Dublin, LLC, provided Performance Bonds in the amounts of $189,600,
$206,600, $201,200, and $354,200 for a total of$951,600, and Labor and Materials Bonds in the amounts
of $94,800, $103,300, $100,600, and $177,100 for a total of $475,800 to guarantee the landscaping
improvements. Now that the work is complete, these bonds may be released in accordance with the
authority contained in §66499.7 of the Government Code, and replaced with aMaintenance Bond in an
amount necessary to guarantee the work for a one-year period following acceptance. The developer has
provided a Maintenance Bond in the amount of $212,750, which is sufficient to satisfy this obligation.
Staff recommends that the City Council adopt the Resolution accepting the landscaping improvements
installed for Tract 7148, Dublin Ranch, Areas F, G and H.
Page 2 ob~
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RESOLUTION NO. ~ 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
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 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 from $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 Lin, Hong Lien Lin, and DR Acquisitions II, LLC, for Tract
7453, that includes reconfiguration of the median island on Keegan Street north of Finnian Way as part
of the Fairway Ranch Development, a median originally included in the Toll-Dublin, LLC, obligations for
Tract 7148; and
1
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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
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 Cali fomi a,
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 Performance 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 $1 03,300 (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
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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
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:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOP\Dublin Ranch\Area G\Area G Tract 7 I 48\Resoacpt landscape_7148.doc
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