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HomeMy WebLinkAboutReso 35-11 Positano Real Sec Tr 8036RESOLUTION NO. 35 -11 A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* PARTIAL RELEASE OF SECURITY FOR TRACT 8036, NEfGHBORHOOD C-1, POSITANO/ FALLON VILLAGE WHEREAS, K. Hovnanian Homes, Inc., dba K. Hovnanian at Positano LLC, the subdivider of Tract 8036, filed on August 30, 2010, in Book 305 of Maps at Pages 89-92, previously entered into an improvement Agreement with the City of Dublin dated August 17, 2010, to improve said Tract in accordance with plans on file with the City Engineer (Resolution 122-10); and WHEREAS, the improvements for Tract 8036 are more than 80% complete in accordance with said plans, to the satisfaction of the City Engineer; and WHEREAS, the Performance Bond, and the Labor and Materials Bond can be partially released, in accordance with the authority contained in §66499.7 of the Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED that: 1. The original Labor and Materials Bond issued by Bond Safeguard Insurance Company in the amount of $1,638,410 for the improvements (Bond No. 5D37667~ be released and replaced by a bond rider issued by Bond Safeguard Insurance Company in the amount of $409,602.50 (Bond No.5037667); and 2. The original Performance Bond issued by Bond Safeguard Insurance Company in the amount of $1,638,410 for the improvements (Bond No. 5037667) be released and replaced by a bond rider issued by Bond Safeguard Insurance Company. in the amount of $409,602.50 (Bond No. 5037667). PASSED, APPROVED AND ADOPTED this 19th day of April, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: ~.J M--~ ~< ~'_ ~t~~ ~~~• Mayor ~~ ~ City Clerk Reso No. 35-11, Adopted 4-19-11, Item 4.4 Page 1 of 1