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Item 19 - Acceptance of Public Improvements & Release of Securitites for TPM 90-04 - r- AGENDA REPORT . I _ CITY OF POWAY This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and discussed separately If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ INITIATED BY: Mark S. Weston, Oirector of Engineering servic~~ Alan F. Schuler, Senior Civil Engineen~; Thomas A. Kerby, Project Engineerrf' ~ DATE: March 23, 1993 SUBJECT: Acceptance of Public Improvements and Release of Securities for TPM 90-04, G 750-91, Wal-Mart Stores; Wal-Mart Stores, Inc. - Aoolicant BACKGROUND: The subject project is located south of Hilleary Place between Community Road and Midland Road (Attachment 1). The developer executed the "Standard Agreement for Construction of Public Improvements" on August 30, 1991. The public improvements required for this development were the installation of pavement, concrete curb and gutter, sidewalk, street lights, waterline, sewer and storm drain. The developer has requested the acceptance of the public improvements and release of the securities. FINDINGS: The Engineering Services Oepartment has reviewed the facilities and found them complete and the securities ready for release. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: This is considered a "ministerial action" and as such is not subject to C.E.Q.A. review. ~ ~ r ACTION, " ~ g MAR 2 3 1993 ITEM 19 1 of 3 Acceptance of Public Improvements & Release of Securities-TPM 90-04 March 23, 1993 Page 2 PUBLIC NOTIFICATION & CORRESPONDENCE: Standard distribution. RECOMMENDATION: It is recommended that the City Council authorize the following: 1. Accept the public improvements and direct the City Clerk to release the $853,900 performance portion of the improvement security (Wachovia Bank of North Carolina Letter of Credit No. LC968-006467). 2. Oirect the City Clerk to reduce the $426,950 payment security to an amount not less than the warranty security amount and the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Clerk, and if no such claims have been recorded, the security may be reduced to $85,390 after 90 days (Wachovia Bank of North Carolina Letter of Credit No. LC968-006467) . 3. Oirect the City Clerk to release the $85,390 warranty security if no claims have been filed within one year of the acceptance of the improvements (Wachovia Bank of North Carolina Letter of Credit No. LC968-006467) . 4. Direct the City Clerk to release the $425,400 grading security (Wachovia Bank of North Carolina Letter of Credit No. LC968-006467). 5. Oirect the City Clerk to release the monument security (Wachovia Bank of North Carolina Letter of Credit No. LC968-006467). JLB:MSW:AFS:TAK:bw ATTACHMENTS: 1. Vicinity Map MAR 2 3 1993 ITEM 19 2 of 3 .- - 'IN PEAKS RO - ~ ~ ~ ~ Cl::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ts ~ G ~ ~ - HILLEARY PLACE CYNTHIA LANE SITE POWAY ROAD . RELEASE OF SECURITIES AND ACCEPTANCE OF PUBLIC CITY OF POW A Y IT E M :IMPROVFMFNTS FOR TPM 90-04 WAL-MART STORES, INC. @ SCALE, TITLE: VICINITY MAP - NONE ATTACHMENT: 1 MAR 2 3 1993.. 3 of 3