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HomeMy WebLinkAboutMINUTES - 01202009 - C.04 TO: BOARD OF SUPERVISORS Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR1" z Costa DATE: January 20, 2009 �,•co~ - ,•��� S) = County a couri'� SUBJECT: Accepting completion of warranty period and release,of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), PA 05-00022, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2009/ *V accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for PA 05-00022 (cross- reference SD 03-08510), for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The public park landscape improvements have met the guarantee performance standards for the warranty period following completion and acceptance of improvements. CONSEQUENCES OF NEGATIVE ACTION: Developer will not receive a refund of their cash deposit. The Subdivision Agreement (Right-of-Way Landscaping) and performance/maintenance surety bond will not be exonerated. The billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: l� �g ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS REC MMENDED OTHER v TE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT :�Z ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the BB:Jc date shown. G:\EngSvc\130\2009\01-20\PA 05-0022 BO-60A 17ORM.doex Originator:Public Works(ES) Contact: J.LaRocclue(313-2315) cc; Public Works -M.Valdez,M&T Lab -Construction ATTESTED. t0� -P.Edwards,Engineering Services DAVID TW Clerk o e Board of Current Planning Department of Conservation and Development C Low,City of San Ramon Su ervisors and Count Administrator 2222 Camino Ramon,San Ramon,CA 94583 p y Windemere BLC Land Company,LLC 6121 Ballinger Canyon Road,Ste.500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company By , Deputy 135 N.Los Robles Avenue, Ste.825 Pasadena,CA 91101 Attn:Rhonda C.Abel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 20, 2009 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO AND BONILLA, NOES: NONE ABSENT; SUPERVISOR GLOVER ' ABSTAIN: NONE / RESOLUTION NO. 2009/ SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), PA 05- 00022, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District I1I) On August 07, 2007, this Board resolved that the landscape improvements in PA 05- 00022 were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to: • REFUND the $11,400.00 cash deposit (Auditor's Deposit Permit No. 448426, dated July 21, 2005) plus interest to Windemere BLC Land Company, LLC in accordance with Government. Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. SU05015796, dated July 21, 2005, issued by Arch Insurance Company, are exonerated. BBjc I hereby certify that this is a true and correct copy of an G:\L"ngSvc\BO\2009\0I-20\PA 05-0022 BO-60A FORM.docx action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: J.LaRocyue(313-2315) cc: Public Works -M.Valdez,M&T Lab -Construction -P.Edwards,Engineering Services ao� n X�f—d Current Planning, ATTESTED: oG 0� tet+9 Department of Conservation and Development DAVID TWA, Jerk of th4goard of Supervisors and C.Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste.500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy Arch Insurance Company 135 N.Los Robles Avenue,Ste.825 Pasadena,CA 91 101 Attn:Rhonda C.Abel RESOLUTION NO. 2009/