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HomeMy WebLinkAboutMINUTES - 07222008 - C.17 • SE- Contra TO: BOARD OF SUPERVISORS �7 FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR _ - Costa DATE: July 22, 2008 County SUBJECT: Accept completion of private improvements, Minor Subdivision 99-00006, Walnut Creek area. (District III) SPL-;CIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION (4m 00 RECOMMENDATION(S): ADOPT Resolution No. 2008/&/C? accepting completion of private improvements for Minor Subdivision 99-00006, for project being developed by Ziegler Family Trust, as recommended by the Public Works Director, Walnut Creek area. (District III) )FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The private improvements are complete as required by the improvement plans and are in conformance with the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The developer will not be refunded their cash deposit, the billing account will not be closed and liquidated, and the Subdivision Agreement and surety bond will not be exonerated. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RLFCOMMENDED OTHER /E OF SUPERVISORS r� � I hereby certify that this is a true and correct UNANIMOUS(ABSENT // v ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: �;SJe date shown. (3:\EngSvc,30\2)08'••07-22\MS 99-00006 BO-45 FORM.docx Originator: Public Works(ES) Contact: J.LaRucclue(313-2315) . Recording tobe c ored by Clerk of the Board cc: Public Works ks -ConStrnetinnDi>-. ATTESTED: -P.Tehancy,M&T Lab09 . IL Finch,Maintenance Div. JOHN CULLW, CIA of the Board of -I.Bergeron,Mapping Div. - D. ee,.EngineeringSve. Sheriff-Patrol Div.Commander Supervisors and County Administrator r CIIP,ch,Al The Ziegler Family Trust ' 270 Monticello Drive Walnut Creek,CA 94595 Attn:David and Susan Ziegler By ,Deputy Financial Pacific Insurance Company J 3850 Atherton Road Rocklin,CA 95765 Attn:Kevin P.Easterly Ticc Valley Partners,LLC 3000 Danville Blvd.,#F421 Alamo,CA 94507 Attn:Stephen Pinto IIII III III I III II II IIII I I IIII CONTRA IIIIIIIIIIIIIIIIIIIII COSTA Co Recorder Office STEPHEN 1, WEIR, Clerk-Recorder Recorded at the request or: DOC— 2008-0163844-00 Contra Costa County Wednesday,, Board of Supervisors JUL 23 2008 13:55:14 Return to: FTt 1 Pd $0.00: : A Public Works Department Nbr-0004154444 Engineering Services Division l r-c/R9l1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: GIOIA,UILKEMA, AND GLOVER NOES: NONE ABSENT: SUPERVISORS PIEP.HO, AND BONILLA ABSTAIN: : NONE - -- _ - RESOLUTION NO. 2008/ SUBJECT: . Accepting completion of private improvements, Minor Subdivision 99-00006, project developed by The Ziegler Family Trust, as recommended by the Public Works Director, Walnut Creek area. (District III) These improvements are approximately located off Monticello Drive, north of Tice Valley Road.. The Public Works Director has notified this Board that the improvements in Minor Subdivision 99-00006 have been completed as provided in the Subdivision Agreement with The Ziegler Family Trust, heretofore approved by this Board in conjunction with the filing of the Parcel Map. DS:jc G:\F.ngSvc\BO\2009\07-22\MS 99-00006 BO-45 FORM.docx Originator: Public Works(ES) I hereby certify that this is a true and correct copy Contact: J.LaRocque (313-2315) of an action taken and entered on the minutes of the Recording to be completed by Clerk of the Board Board of Supervisors on the date shown. cc: Public Works Construction Div. P.Tehaney,M&T Lab 11.Finch,Maintenance Div. ATTESTED: �'2 _90V04911 1.Bergeron,Mapping Div. JOHN CULLEN le of the Board of Supervisors D.Spinale,Engineering Svc. Sheriff-Patrol Div.Commander and County Administrator C11P,c/o Al The Ziegler Family Trust 270 Monticello Drive Walnut Creek,CA 94595 By , Deputy Attn:David and Susan Ziegler Financial Pacific Insurance Company 3850 Atherton Road Rocklin,CA 95765 Attn:Kevin P.Easterly Tice Valley Partners,LLC 3000 Danville Blvd.,#F421 Alamo,CA 94507 Attn:Stephen Pinto RESOLUTION NO.2008/ ��� SUBJECT: Accepting completion of private improvements, Minor Subdivision 99-00006, project developed by The Ziegler Family Trust, as recommended by the Public Works Director, Walnut Creek area. (District III) DATE: July 22, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 22, 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY June 3, 2003 Financial Pacific Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $153,900.00, Bond No. S701373 issued by the above surety be RETAINED for the six month lien guarantee period . until January 22, 2009, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County Roads, at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the"$3,078.00 cash security for performance (Auditor's Deposit Permit No. 405627, dated May 21, 2003) plus interest in accordance with Govenunent Code Section 53079, if appropriate, to The Ziegler Family Trust pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 5701373, dated May 13, 2003, are exonerated. RESOL UTION NO. 2008/�_/e