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HomeMy WebLinkAboutItem 4.02 Silvera Ranch Tr7539G~~~ OF Dp~l f~ i9;~;~%Z STAFF REPORT CITY C L E R K ~~~,C~ ~ DUBLIN CITY COUNCIL File # ^®®©-©® DATE: February 2, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Acceptance of Improvements Associated (Pfeiffer Ranch Investors II, Inc.) Prepared By: Mark Lander, City Engineer EXECUTIVE SUMMARY: Pfeiffer Ranch Investors II, Inc. improvement agreement with the improvements within Tract 7539, complete and it is appropriate for that guaranteed the work. FINANCIAL IMPACT: with Tract 7539, Silvera Ranch Phase 2 (dba Pinn Brothers Fine Homes, Inc.) entered into an City on September 20, 2005 for the completion of street Silvera Ranch Phase 2. The street improvements are now the City to accept the improvements and release the bonds Pfeiffer Ranch Investors II, Inc., has provided a Maintenance Bond in the amount of $99,141.70 (Bond No. 720100M) to replace the Faithful Performance Bond and Labor and Materials Bond that guaranteed the improvements. The Maintenance Bond will guarantee against defects for one year. Once these improvements have been accepted, the City will incur maintenance costs for the street improvements. RECOMMENDATION: Adopt the Resolution accepting the street improvements for Tract 7539, Silvera Ranch Phase 2 (Pfeiffer Ranch Investors II, Inc.), and approving the regulatory traffic control devices. Su itt'ed By y Engineer Reviewed By Assistant City Manager Page 1 of 3 ITEM NO. ` ~ L--~ DESCRIPTION: Pfeiffer Ranch Investors II, Inc. (dba Pinn Brothers Fine Homes, Inc.), recently completed street improvements for Tract 7539, Silvera Ranch Phase 2. Tract 7539 is the second phase of Silvera Ranch, afour-phase residential development approved by the Planning Commission on September 23, 2003. Phase 1 (Tract 7441) was accepted via City Council Resolution No. 145-07 on August 7, 2007. The project is located on the south side of Fallon Road immediately north of the Lin property, and consists of 45 single-family cluster homes known as The Manors (Attachment 1). Phase 2 improvements also consisted of widening the south side of Fallon Road along the tract frontage and installing stop controls on Fallon Road at the intersections of Tassajara Road and Silvera Ranch Drive. This work was governed by an Improvement Agreement executed September 20, 2005, via City Council Resolution No. 177-05. Since the developer has completed the work governed by the Improvement Agreement and to the satisfaction of the Public Works Director, it is appropriate for the improvements to now be accepted by the City for permanent maintenance. The following regulatory traffic control devices will be accepted and approved as part of this project and added to the City of Dublin Traffic Code: A. "No Parking Anytime" traffic control devices have been installed on the south side of Fallon Road between Tassajara Road and easterly Tract boundary. B. Stop control devices have been installed on the westerly approach of Fallon Road at Silvera Ranch Drive. C. Stop control devices have been installed on the easterly approach of Rocking Horse Court at Silvera Ranch Drive. Stop control devices were installed on the easterly approach of Fallon Road at Tassajara Road, but were subsequently removed when that intersection was signalized as part of the Silvera Ranch Phase 4 improvements. At the time the City and Pfeiffer Ranch Investors II, Inc., executed the Improvement Agreement for the street improvements, the developer provided a Faithful Performance Bond and a Labor and Materials Bond each in the amount $991,417.00, to guarantee performance of the Phase 2 improvements work (Attachment 2). 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 a Maintenance Bond in an amount necessary to guarantee the work for aone- year period following acceptance. The developer and the contractor have provided a Maintenance Bond in the amount of $99,141.70, which is 10% of the original Faithful Performance Bond, and which is sufficient to guarantee the improvements for cone-year period after acceptance. The City Council is being asked to adopt the proposed resolution (Attachment 3) accepting the improvements associated with Tract 7539 and approving the regulatory traffic control devices. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Location Map 2. Copy of Maintenance Bond 3. Resolution Page 2 of 3 G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 2, Tract 7539\Staff Report Acceptance, 2-02-10.doc Page 3 of 3 D Q Ox N~ Z r °I'-~q ~. Q ~ A D d `/+~nf ~/ Q FALCON ROAD TR4CT 7Y IMPROVEMENTS TO BE ACCEPTED I~A~Y )lf YYhp~G NN SIR,P4.'L AIA;L BC CA1 PYAG[0 nI IDGINVS SvCYH (M IHf pLµS F3! Oh (HL//.~fR AP9xpvAt PIR[N ID PIA[kYMI R4.u LCLIRJ': STALL Bf' DERRYNLD By BT OIl' L4:N9DP N B? MIB Z SDK UR3f SfA1E Ls CAfYduuA,4APA.aN(Nf D' AtuafacRl. J(w~µJAN01 ST-Gn ~]Krv' S tINrYAHJ PuRS EOE D • wr Fug mfw.Rf wAFTrP Ym+'sa RI 'AS' Sf4fD IB4I 4W RI) k0 [EFf IfRR' 9R+ RAF '>.Vl PARRI,S M/ttn(" s~ RIDI 'P.Aff 2RR pKY R]v ALI'AiC RDYD' Ssv 545 SiFTE7 MAIK s4f A] (RIj 'Rplf II/RN' adl "°"`m hs' FALCON ROAD /R,.FS -.__ .-_ __.--__- ___..._ oaD a. - - T --'. ~. -. -. --- "' ~. ~ -_ F7~ E6 )6 I6 66 ~ h 6g 7 ^ 77 . _ _' ~ I _ r ~~ GS ~ N ~- :~ 8. ': OI BB ~ m 08 ._. "' n ~... Y 4 t I Y 7p /3 Y 78 _~ I.. 3 -.. 30 - 3 81 ; 86 I O I ~ 87 O C O 71 J2 79 ,FU1` _ ~ `_ ~_ ,gyp ROCKINS3 HORSE COURT j ._. U m 10{ 97 - 90 ,.. ~I~~ - ~- - - ~ 1DB .I O I IU3 98 O I . _.. t ~--~! ~ L m II" 95 - gl ri ' .. ._>. .. 1D7 '`I ~ 102 59 - Q I .._.94 I 92 ~~~ ~~ f ~ _ J 108 _ . L_1 101. 100 a 93 __...-_ _ - _ ~ - _~ ~ - .. ~ ~- ' ''pow OY: Av[ ~/ - .. ~ _t ~ / T R C T 7 Y'A 1~•/ /r~C\ \= a TRACT 753, SILVERA RANCH PHASE 2 ~'~~~~ R6FNOiCE BY N0. AEN90N5 DAIS /FP'D DE9DE0 Y DRAM! Y ,CTCR DECKED BY y;~^`_ ./C APM RFC ~ ''%' ~ j`;., auv~ARm ~etR waExxSau ar ON%E7FD s~Y~ ~ ,viii/ ~`0..` s!ti - ~.~ d35dN1t~irW, R.C.E 11628, fkP. J~dFj{Ifi o~\Y.>."'~ ,ec~.+FO scrlcri S7J9f U5./.ro Z DALE SG 100 I5F BEGORODMWIYDB ~e v¢t 1 - SOrt LOCATION MAP scuE ~•=so" tfAnCA1 NONE an ~ nuat"' n~euc AQ9'K< rte,., cf RUa aFS „o, ,,,,F~TMf a„D,~fxrre~h SpW N fM CITY OF DUBLIN pU8 IC W R D 'I0B N0~~ ~ID71 M ~ fb~i fCTAH W YR1Mf5, OuvORS d (Fn4NMS a SIRUCnW aR MIwnMN asStt to Rm[cncx, ~~ un ADanu¢. ARTMENT IMPROVEMENT PLANE DAIS )-I-OS d Associates ~ ~ /' iflA07 78JY BB.VERA RANON IPNABE ZI SIGNING AND STRIPING PLA DRAYfNG N0. o n.., .n ;~ ,-.. <..>; :,~-,.m "' BcrArAO Br~ :~~ Bore vi N r o Wpw Ott Oita. OTfY OF OUBLM ALAMEOA COUNTY cAl lrneYl~ ~."I .. .._ ._ C~ ti~ a66s (~(~ INSCO INSURANCE SERVICES, INC, ~E'~.4.~iti~~~T~ f`'~ ^~"'ISC~~CC1 Underwriting Manager for. ~~~ ~~~~~ Developers Surety and Indemnity Company '~d~R ~~~5 Indemnity Company of California 17780 Filch, Suite 200 • Irvine, California 92614 • (949) 263-3300 MAINTENANCE BOND BOND NO.: 720100M Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, Pfeeffer Ranch Investors il, fnc. and Developers Surely and Indemnify Company , as Principal, a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of Dublin-----------------~------------- COO G'~? as Obligee, in the sum of Ninety. nine thousand one hundred forty one and 70/100--------------- fS y~,i4~ •70 )Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OE THE OBLIGATION IS SUCH THAT: WHEREAS, the above Warned Principal entered into an agreement or agreements with said Obligee to: provide 1 year of maintenance on offsite improvements for Tract 7539, Phase 2 Silvers Ranch Acceptance of this maintenance bond will release performance and payment bond no. 720100S WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements;. NOW, THERBF'ORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or.workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this nth day of December 2009 YEAR Pfeiffer Ranch vestor ,fnc, elopers 5ure~~d in ly < ~ Principal --~"-"~- By: ~--'_ /~Q~i ~ /N/J !~5/ ~./u Timothy Starbird, Attorney-In-fact ID-1201 (CA) (One Year Term) (REV, 3/01) ATTACHMENT Z~. 3~s POWER OF ATTORNEY FOR DEVELOPERS SURETY AND tNDEMNfTY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 .(949} 263-3300 KNOWALI MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint , ***Timothy Starbird*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, fa and on behalf of said corporations, as sureties, bonds, undertakings and conVacts of surety- shipgiving and granting unto said Attorney(s)•irnFact full power and authody to do and to perform every act necessary, requisite ar proper to be done m connectlon therewith as each of said corporations could do, but reserving to each of said corporations full power of subsGtu6on and revodGon, and alt of the ads ofsaid Attomey(s)•in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by taaimile under and by authority olthe following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, etiective as of January 1st, 2008. RESOLVED, that the Chairman pt the Board, the President and any Vice President of the corporation be, and that each of ahem hereby is; authorized ro execute Powers of Atorney, qualifying the adomey(s} named in the Powers ofAtlomey to execute, on behalf of the caporaUons, bonds, undertakingsand conUac~ of suretyship; and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest. the exewtion of any such Power of Atlaney; RESOLVED, FURTHER, That the signatures of such officers may be afraed to any such Power o{ AUorney or to any certificate relatirxJ thereto by facsimile, and any such Power of Attarney or certificate bearing such facsimile signatures shall be valid aril binding upon the corporations wheo-so affixed and in the fature with respect to any band, underlakrng or contract. of suretyship to which itis attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF their respecbve Vice President and attested by !heir respectve Assistant Secretary this January 1st, 2008. By. Y Stephen T Pale, Senior Vice President o~ • "' '"•~:y~ ~'~J ~yPORq ' .~sy ?~` 9CT. ?~i By. z w ~ 10 Charles L Day. Assistant Secretary ~j ` 1 9 3 6 ; a Slate of Calif ,~7~0, yoW,P,.•••~a ornia ~~~ ~; `~~ k r County of Orange "•~~•••~""°~~~ CALIFORNIA have severaiy caused these presents to be signed by ~QN,PAN Y O.c ~ Op,POpq ~ .~. 2V Tsn ~~ ~ '~ OC T- S O ~ y9s7 ~ fl~ ~~4r ,__..~S~P d= On January 1sk 2008 before me, Chrislo her J. Roach Nata Public Date Here Insert Name andTitle of the Officer personally appeared Stephen T. Pate and Charles L., Day Name(s) of Signer(s) wfio provetl to me on Use basis of satisfactory evidence to be the person(s) whose names}islare subscribed to the within instrument and acknowledged to me,lhafhe/she(thay executed the same in hi4lhedtheir authorized CHRlSTOPHI=R ~ ROACH capacly{ies), and Ural by hisiher/their signature(s) an the instrument the person(s); or the entity upon behalf of cu COMM. # 17-0539 ~ which the person(s) acted, executed the insUumenl. 3 NC3TApY PUBLIC CALfFOgNtA ~ 1 certify under PENALTY OF PERJURY under the laws of the State. of CaSfornia That the fore oin ~~~ ~~ ro We and correct 9 9 Paragraph is MY ctrmm: t~cpires {stay 19, 2O1 i WITNESS my hand a~al seal. Place Notary Seal Above Signature ir~,.5c'~°'~~--,,,~'~~r Ch " er J. Roach CERTIFICATE The undersigned, as Assistant Seaelary, of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby cerllty that the foregoing Power of Attorney remains in iuU force and has. not been revoked, and furthermore, that the provisions of the resolutons of the respecbve Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, CalUomia, the day of By: Albert Hillebrand, Assistant eaetary IQ 1380(Wet)(Rev 07!07) yy~s RESOLUTION NO. -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 7539, SILVERA RANCH PHASE 2 (PFEIFFER RANCH INVESTORS II, INC.) AND APPROVING REGULATORY TRAFFIC CONTROL DEVICES WHEREAS, the developer of Tract 7539, filed October 5, 2005, in Book 285 for Parcel Maps at Pages 68-76, previously entered into an Improvement Agreement with the City of Dublin to improve said Parcel in accordance with plans and specifications on file with the Public Works Director, said Parcel identified as follows: a) Subdivider: Pfeiffer Ranch Investors II, Inc. b) Parcel Location: South of Fallon Road, East of Silvera Ranch Drive c) Parcel Size: 45 Single Family Cluster Lots d) Resolution Approving Agreement: No. 177-05, City of Dublin City Council e) City Streets Affected: Rocking Horse Court and Fallon Road WHEREAS, the Street Improvements associated with Tract 7539 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 original improvement Performance Bonds 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 aone-year period following acceptance; NOW, THEREFORE, BE IT RESOLVED that: The improvements completed within said Tract 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: a) "Stop" traffic control devices installed on the easterly approach of Fallon Road at Silvera Ranch Drive. westerly approach of Rocking Horse Court at Silvera Ranch Drive. b) "No Parking Anytime" traffic control devices have been installed on the south side of Fallon Road between Tassajara Road and easterly Tract boundary. 3. The original Faithful Performance Bond issued by Developers Surety and Indemnity Company in the amount of $991,417.00 (Bond No. 7201005) for Phase 2 Improvements be released; and ATTACHMENT s S~ ~ 4. The original Labor and Materials Bond issued by Developers Surety and Indemnity Company in the amount of $991,417.00 (Bond No. 7201005) for Phase 2 Improvements be released; and 5. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company in the amount of $99,141.70 (Bond No. 720100M) 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 February, 2011. PASSED, APPROVED AND ADOPTED this 2°d day of February 2, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\DEVELOPMENT, PRIVATE\Silvera Ranch\Phase 2, Tract 7539\resoacpt_7539.doc 2