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HomeMy WebLinkAboutMINUTES - 07222008 - C.21 .. : TO: BOARD OF SUPERVISORS � ``}�_==�;, Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR Costa f. 1F DATE: July 22, 2008 . — � P� '-t­Ce�>z County SUBJECT: Accept completion of improvements for Road cceptance 04-01165, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'T'IFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/,. Z accepting completion Of improvements for Road Acceptance 04-01165, (cross-reference Subdivision 03-08508), as recommended by the Public Works Director, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Windemere• BLC Land Company, .LLC,. has completed the improvements per the Road Improvement Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted, the developer will not be refunded their cash bond, and the Road Improvement Agreement and surety bond will not be exonerated. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED V OTHER V E OF SUPERVISORS UNANIMOUS(ABSENT 0V �) AYES: NOES: ABSENT: ABSTAIN: DS:Jc G:\EngSvc\B0'•.2008\07-22\RA 04-01165 BO-45 DV(SUB-RA-DA)FORM.doex Originator: Public Works(ES) Contact:'F.Rie(313-2363) I hereby certify that this is a true and correct copy Recording to be completed by Clerk of the Board cc: Public Works . . _Construction Div. of an action taken and entered on the minutes of P.Tc ,MScT Lab 11.Finch, Maintenance Div. the Board of Supervisors On the date shown. -I Ih, 1.Bergeron,Mapping Div. D.Spinalc,Engineering Svc. Chris Low,City o1•San Ramon ATTESTED:. 'g"r" 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company.LLC JOHN CULLS , Cl of the Board of 6121 Bollinger Canyon Road,Suite 500 Supervisors and Count Administrator San Ramon,CA 94583 P y Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite' Glendale,CA 91203 Attn:P.Brcbncr By , Deputy Illi 111 111 l 111 11 11 1111 l l 111111 11 111 l 1111 l 11 l 11111 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Board of up County ppb, 2008-0163847-00 Board of Supervisors Return to: Wednesday, JUL 23, 2008 13:55:24 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0004154447 Irc/R9I1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYI?S: (:FOIA, UILKEMA, AND GLOVER NOES: NONE ' ABSENT: SUPERVISORS PIEPHO; AND BONILLA ABSTAIN: NONE RESOLUTION NO. 2008/-_f ,Zi SUBJECT: Accepting completion of improvements for Road Acceptance 04-01165 (cross- reference Subdivision 03-08508), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road. The Public Works Director has notified this Board that the improvements in Road Acceptance 04-01165 (cross-reference Subdivision 03-08508) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. DS# G:\EngSvc\B0\'.1008\07-22\RA 04-01165 BO-45 DV(SUB-RA-DA)FORM.docx Originator: Public Works(ES) Contact: T.Ric(313-2363) I hereby certify that this is a true and correct copy Recording to be completed by Clerk of the Board cc: Public Works Construction Div. of an action taken and entered on the minutes of P.Tehaney,M&T Lab the Board of Supervisors on the date shown. 11.Finch,Maintenance Div. L Bergeron,Mapping Div.. D.Spinale,Engineering Svc. ATTESTED: -eg Chris Low,City of San Ramon JOHN CULLS Cl -of the Board of 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC Supervisors and County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Atm:Brian Olin Fidelity and Deposit Company of Maryland By , Deputy 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:P.Brebner RESOLUTION NO.2008/ CfWZ SUBJECT: Accepting completion of improvements for Road Acceptance 04-01165 (cross- reference Subdivision 03-0$508), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) 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 Agteement: DATE OF AGREEMENT NAME OF BANK/SURETY July 25, 2006 Fidelity and Deposit Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $343,000.00, Bond No. 087 453 42 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 improvements have been constructed in accordance with the Road Improvement Agreement and are ACCEPTED AS COMPLETE BE IT FURTHER RESOLVED that upon approval by the Board of Supervisors, the developer, Windemere BLC Land Company, LLC shall retain the improvements for maintenance and ownership in accordance with the 'Geologic Hazard Abatement District (GRAD) Plan of Control, and until accepted by the GHAD or City of San Ramon. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $6,900.00 cash security for performance (Auditor's Deposit Permit No. 438588, dated January 31, 2005) plus interest in accordance with Government Code Section 53079, if appropriate, to Windemere BLC Land Company, LLC pursuant to the requirements of the Ordinance Code; and the Road Improvement Agreement and surety bond, Bond No. 087 453 42, dated January 14, 2005, are.exonerated. RESOLUTION NO. 20081 v�".e 2