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HomeMy WebLinkAboutMINUTES - 07222008 - C.19 .4n TO: BOARD OF SUPERVISORS Contra ^F— FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR `' Costa �c;`s4I2 DATE: July 22, 2008 ®�nt s Y. SUBJECT: Accept completion of landscape improvements for Road Acceptance 04-01160,Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION _RECOMMENDATION(S): ADOPT Resolution No. 2008/�.Ze) accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way. Landscaping) for Road Acceptance 04-01160, (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 released. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR liECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED Af RECOMMENDED OTHER VVIE OF SUPERVISORS r� I hereby certify that this is a true and correct UNANIMOUS(ABSENT / copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:jc G:\EngSvc\BO\2008\07-22\RA 04-01160 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) Contact:T.Rie(313 2363) ATTESTED: aZ%� Recording to be completed by Clerk or the Bard JOHN CULL C k of the Board of cc: Public Works Construction Div. P.Tchaney,M&T Lab Supervisors and County Administrator 1.Bergeron,Mapping Div. D.Spinale,Engineering Svc. Shapell I Ionics 100 N.Milpitas Blvd. Milpitas,CA 95035 By , Deputy Attn:Sani Warden Liberty Mutual Insurance Company Z 4F 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Pamela L.Stocks � � IIII III III I III II II IIII I I Illill II III I IIII I II i ' CONTRA COSTA CoIIII o Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of- DOC- 00 70163846-00 Contra Costa County Wednesday, JUL 23, 2008 13:55:21 Board of Supervisors FRE $0.00: : Rto: Tt l Pd Nbr-0004154446 Publicublic Works Department Engineering Services Division Ire/RS/1—,3 j 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 PIEPHO, i AND BONILLA ABSTAIN: NONE ---- -- --- RESOLUTION NO. 2008/ SUBJECT: ' Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Road Acceptance 04=01160 (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 Casablanca Street, near Charbray Street. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements for Road Acceptance 04-01160 (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 04-01160 BO-45 DV of an action taken and entered on the minutes of the Landscape(SUB-RA-PA)FORM.docx 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 ATTESTED: cc: Public Works Construction Div. P.Tehancy,M&T Lab JOHN CULL , Crk o�thfBoard of Supervisors I.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/ &W SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Road Acceptance 04-01160 (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 April 8, 2008 Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $18,250.00, Bond No. 024022270 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-of-Way Landscaping Improvements along Casablanca 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 the4$1,000.00 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, Jo 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. 024022270, dated March 27, 2007, are exonerated. ` RESOL UTION NO. 200S�'