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Home My WebLink AboutMINUTES - 07222008 - C.18 TO: BOARD OF SUPERVISORS s� Contra FROM: JULIA R. BUEREN, PUBLIC WORKS Costa n; - DATE: July 22, 2008co s� . County SUBJECT: Accept completion of landscape improvements for Road Acceptance 04-01159,Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/�/9 accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01159, (cross-reference 'Subdivision 99- 08381), project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., has completed the improvements per the Subdivision Agreement (Right-of-Way Landscaping), and the accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted, the cash bond will not be refunded, and the surety bond will not be exonerated. / Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR .:eECONIMENDATION OF BOARD COMMITTEE APPROVE _OTIiER SIGNATURE (S): ACTION OF BOARD ON APPROVED Aq RECOMMENDED OTIIER VE OF SUPERVISORS I hereby certify that this is a true and correct y UNANIMOUS(ABSENT t 1� copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. 1313# G:\EnBSvc\BO\2008\07-22\RA 04-01159 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) ATTESTED: Contact:T.Ric(313-2363) Recording to be completed by Clerk of the Board JOHN CULLS , CIA of the Board of . cc: Public Works Construction Div. P.Tel,ancy,MxT Lab Supervisors and County Administrator 1.Bergeron,Mapping Div. D.Spinale,Ftigincering Svc. Sliapel l l Ionics 100 N.Milpitas Blvd. Milpitas,CA 95035 By , Deputy Attn:Sam Worden Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 Attic:Pamela L.Stocks 1111111111111111111111111111111111111111 CONTRA COST 111111111 ce STEPHEN L WEIR,Recorder Recorded at the request of- DOC— 2008-0153845-00 Contra costa County Wednesday, JUL 23, 2008 13:55:17 Board of Supervisors FRE R IE Return to: Tt l Pd Public Works Department W Nbr-0004154445 Engineering Services Division A 1 r C/R9 1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: GIOIA, UILKEMA, :SND (:LOVER ' NOES:. NONE : ABSENT: SUPERVISORS PIEPHO, AND BONILLA ABSTAIN: NONE -" - _-."' RESOLUTION NO. 2008/ -$/-f SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Road Acceptance 04-01159, (cross-reference Subdivision 99-08381), project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District III) These improvements are approximately located along Charbray Street. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements for Road Acceptance 04-01159 (cross-reference Subdivision 99-08381) have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board. BBJc I hereby certify that this is a true and correct copy G:\EngSvc\130\2008\07-22\RA 04-01159 BO-45 DV Landscape(SUB-RA-PA)FORM.docx of an action taken and entered on the minutes of the originator: Public works(ES) Board of Supervisors.on the date shown. Contact: T.Ric(313-2363) Recording to be completed by Clerk of the Board �� r/ cc: Public Works Construction Div. ATTESTED: d P.Tehancy,M&T tab JOHN CULLE ', CIA of the Board of Supervisors 1.Bergeron,Mapping Div. D.Spinale,Engineering Svc. and County Administrator Shapell Homes 100 N.Milpitas Blvd. Milpitas,CA 95035 Attn:Sam Worden By ,.Deputy Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Pamela L.Stocks RESOLUTION NO.2008/ �� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Road. Acceptance 04-01159 (cross-reference Subdivision 99-08381), project developed by Shapell Homes, a. Division of Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville 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 (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF BANK/SURETY September 18, 2007 Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $186,700.00, Bond No. 024022268 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 Right-if-Way Landscaping Improvements along Charbray Street are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED upon Acceptance by the .Board of Supervisors, the developer, Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., shall retain the landscape improvements for maintenance in accordance with the Landscape Maintenance Agreement for Alamo Creek Project, dated December 4, 2007. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $3,700.00 cash security for performance (Auditor's Deposit Permit No. 481661, dated April 17, 2007) plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement (Right-of-Way Landscaping) and surety bond, Bond No. 024022268, dated March 27, 2007, are exonerated. RESOLUTION NO. 2008/ ,P-