REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Tom Herbel, PE, Acting Director of Public Works
Subject:
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Accept Park Improvements and the Guarantee and Warranty Bond for the Windbourne/Franklin Park Redevelopment Project (Tract 18147) at Sands Drive by Developer TRI Pointe Homes, Inc.
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Statement of Issue:
TRI Pointe Homes, Inc., the Developer of the Windbourne/Franklin Park Redevelopment Project (Tract 18147), has completed required park improvements and is now requesting the City's acceptance of said improvements with their submittal of a Guarantee and Warranty Bond.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
A) Accept park improvements for the Windbourne/Franklin Park Redevelopment Project (Tract 18147) and instruct the City Clerk to record the "Acceptance of Public Park Improvements (Tract 18147" form (Attachment 2) with the Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No. PB03010406957 (Attachment 3), the security furnished for guarantee and warranty of park improvements, and instruct the City Clerk to file the bond with the City Treasurer; and,
C) Instruct the City Clerk to notify the developer, TRI Pointe Homes, Inc., of this action, and the City Treasurer to notify the Surety, the Philadelphia Indemnity Insurance Company, of this action.
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Alternative Action(s):
Deny the recommended actions. Denying the recommended actions may violate the Subdivision Map Act whereby:
1. Section 66499.9 of the State of California Government Code, requires the guarantee and warranty of the work for a period of one year following completion and acceptance of the improvement(s), against any defective work, labor, and materials furnished.
2. Denying the acceptance of the Guarantee and Warranty Bond may place undue burden and costs upon the City for correcting any defective work, labor and material provided...
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