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HomeMy WebLinkAboutMINUTES - 01202009 - C.05 SE__L Contra TO: BOARD OF SUPERVISORS FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa n. DATE: January 20, 2009 = Ati`4� STA �oUt= County SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), SD 04-08776, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2009/ eb;& accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision 04-08776, 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 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 or have their Subdivision Agreement (Right-of-Way Landscaping) and performance/maintenance surety bond exonerated. Continued on Attachment: SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR ,RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED V OTHER v0 E OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT�r 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\BO\2009\01-20\SD 04-08776 BO-60A FORM.docx Originator: Public Works(ES) Contact: 1.LaRocque(313-2315) �w 4.00w cc: Public Works -M.Valdez,M&T Lab ATTESTED: rQ/k "G&! �9"9 -Construction -P.Edwards,Engineering Services DAVID TW , Clerk of thgAoard of Current Planning,Department of Conservation and Development Supervisors and County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Rd,Ste.500 San Ramon,CA 94583 Attn:Brian Olin C.Low,City of San Ramon By , Deputy . 2222 Camino Ramon,San Ramon,CA 94583 Jeri Apodaca,Quanta Indemnity Company One Financial Plaza, 10"Floor Hartford,CT 06103 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 20, 2009 by thefollowing 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), SD 04- 08776, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) On August 07, 2007, this Board resolved that the landscape improvements in SD 04- 08776 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; i 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 $1,720.00 cash deposit (Auditor's Deposit Permit No. 436206, dated December 16, 2004) 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 upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 4410190, dated December 03, 2004, issued by Quanta Indemnity Company, previously known as National Farmers Union Standard Insurance Comapny, are exonerated. BB1Jc I hereby certify that this is a true and correct copy of an OdEngator: Public '-2 ks°04-08776 B°-60"FORM.d°ex action taken and entered on the minutes of the Board of Origlgator. Public Works(ES) Contact: J.LaRocqu°(3'3-23'5) Supervisors on the date shown. cc: Public Works -M.Valdez,MST Lab -Construction -P.Edwards,Engineering Services Current Planning,Department of Conservation and Development 6121 Bolinger BLC Land Company,LLC ATTESTED: /y 6121 Bollinger Canyon Rd,Sle,500 ATTESTED:- San Ramon,CA 94583 Alln:Brion Olin DAVID TWA, (fferk of the and of Supervisors and - C.Low,City of San Ramon + 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Jeri Apodaca,Quanta Indemnity Company One Financial Plaza,10y'Floor Hartford,CT 06103 By Deputy RESOLUTION NO.2009/ ��