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HomeMy WebLinkAboutMINUTES - 09192006 - C.3 ✓TO: BOARD OF SUPERVISORS sE L Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: September 19, 2006 �� =$ = "`��� OST'`------ �'� County SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Drainage Acceptance 03-00030(cross-reference Subdivision 99-08306),for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/5-" for Drainage Acceptance 03-00030,accepting completion of warranty period and release of cash deposit for faithful performance, for project being developed by Shapell Industries of Northern California,A Division of Shapell Industries,Inc.,a Delaware Corp., San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The 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 performance surety bond exonerated. Continued on Attachment: SIGNATURE: — aPYECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ..rrPPROVE OTHER SIGNATURES ACTION OFBO R ON APPROVED AS RECOMMENDED OTHER VOT OF SUPER SORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. TR:vz G:\EngSvc\BO\2006\09-19\DA 03-0030 80-60.doe Originator: Public Works(ES) Contact T.Rie(313-2363) 1.D.95-2578030 �/ �/J� cc: Public Works -M.Valdez,M&T Lab ATTESTED: �i ��/O // A.Bel,,Engineering JOHN CULLE , Clerk of the Board of -T.Rie,En ineerin Services Current Planning'CENorthy California nt Supervisors and County Administrator Shapell Industries of Northern California 100 N.Milpitas Blvd Milpitas,CA 95035 National Fire Insurance Company of Hartford 5820 Canoga Avenue,Suite 200 ' Woodland Hills,CA 91367 By , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, DeSAULNI.ER, GLOVER, GIOI.A. 'NONE: NONE ABSENT: SUPERVISOR PIEPHO ,ABSTAIN: NONE - --- -- - - RESOLUTION NO. 2006/ 5�3 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Drainage Acceptance 03-00030 (cross-reference Subdivision 99- 08306), for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., San,Ramon (Dougherty Valley) area. (District III) On December 6, 2005, this Board resolved that the improvements in Drainage Acceptance 03-00030 (cross-reference Subdivision 99-08306) were completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, a Division of Shapell Industries,Inc., a Delaware Corp. 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 53,000.00 cash deposit (Auditor's Deposit Permit No. 423765, dated April 29, 2004)plus interest to Shapell Industries of Northern California,a Division of Shapell Industries, Inc., a Delaware Corp. 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 developer shall retain the improvements for maintenance and ownership. BE IT FURTHER RESOLVED that the warranty period has been completed and the Drainage Improvement Agreement and surety bond, Bond No. 929299741, dated April 20, 2004, issued by National Fire Insurance Company of Hartford, are exonerated. TR:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2006\09-19\DA 03-0030 BO-60.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: T.Rie(313.2363) Supervisors on the date shown. I.D.95-2578030 p cc: Public Works -M.Valdez,M&T lab A.Bell,Construction - -T.Rie,Engineering Services _ Current Planning,Community Development 7-� /� 7 . � Shapell Industries ofNorthernCalifornia ATTESTEE D. /(���r/O/- / 100 N.Milpitas Blvd Milpitas,CA 95035 JOHN CULLS , Clerk of the Board of Supervisors and National Fire Insurance Company of Hartford 5820 Canoga Avenue,Suite 200 County Administrator Woodland Hills,CA 91367 By , Deputy RESOLUTION NO.2006/51�