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HomeMy WebLinkAboutReso 125-13 Schaefer RchTr 6765 RESOLUTION NO. 125 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PARTIAL RELEASE OF SECURITY ASSOCIATED WITH TRACT 6765, SCHAEFER RANCH -PHASE 2 IMPROVEMENTS (SCHAEFER RANCH HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY) WHEREAS, Schaefer Ranch Holdings, LLC, a California Limited Liability Company, is the subdivider of Tract 6765, filed on March 8, 2007, in Book 297 of Maps at Pages 1 -51; and WHEREAS, the City of Dublin and Schaefer Ranch Holdings, LLC, previously entered into an Improvement Agreement that governed the Phase 2 Improvements on February 20, 2007, to improve said Tract in accordance with plans and specifications on file with the City Engineer (Resolution 17-07); and WHEREAS, said Improvement Agreement is secured by one bond for faithful performance and payment in the amount of $4,371,055.00 (Bond No. 104757051) for the park improvements, issued by Travelers Casualty and Surety Company of America; and WHEREAS, the improvements for the park, are more than 90% complete in accordance with said plans, and any approved modifications thereto, to the satisfaction of the City Engineer; and WHEREAS, the work governed by this Improvement Agreement is currently under construction and is not considered approved or accepted; and WHEREAS, the improvements are secured by one bond covering both faithful performance and payment and Schaefer Ranch Holdings, LLC, has agreed to replace the existing bond with separate bonds for Performance and Payment; and WHEREAS, the Performance Bond for Schaefer Ranch Park Improvements 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 the City Council authorizes the City Manager to approve a reduction in the performance bond once conditions have been met by accepting two replacement bonds for the original Performance and Payment Bond issued by Travelers Casualty and Surety Company of America in the amount of $4,371,055.00 (Bond No. 104757051) for the Park Improvements. BE IT FURTHER RESOLVED that the replacement bonds shall include a new Payment Bond in the amount of $4,371,055.00 and a new Performance Bond in the reduced amount of $180,500.00. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None QL Mayor ATTEST: avp [ City Clerk Reso No. 125-13,Adopted 7-16-13, Item 4.13 Page 2 of 2