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HomeMy WebLinkAboutMINUTES - 07222008 - C.26 •L TO: BOARD OF SUPERVISORS . . ��=�.� � • Contra � FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR J _ a _ Costa 1- ; : 7 4'' z` DATE: July 22, 2008 County SUBJECT: Accept completion of warranty period and release of cash deposit.for faithful performance, Subdivision 04-08775, San Ramon (Dougherty Valley) area. (District III) Ah SPECIFIC RLQUEs-r(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ accepting completion of warranty period and release of cash deposit for faithful performance for the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision 04-08775, for project being developed by Windemere BLC Land Company, LLC, as directed by the Public Works Director, 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: The developer will not receive a refund of their cash deposit, the Subdivision Agreement (Right-of-Way Landscaping) and performance/maintenance surety bond will not be exonerated, and the.billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: �'_�2 _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON J APPROVED AS RECOMMENDED OTIIER voT OF SUPERVISORS / I hereb cert that this is a true and correct UNANIMOUS(ABSENT /�� A/ ) y y AYES: NOES. copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the BB:jc G:\EngSvc\BO\21008\07-22\SD 04-08775 BO-60A FORM.docx date shown. Originator: Public Works(ES) Contact: T.Ric(313-2363) cc: Public Works M.Valdez,M&'1'Lab �y d Construction ATTESTED: -D.Spinate,Engineering Services JOHN CULLS , Cl of the oard of Current Planning,Department o(Conservation and Development C.Low,City of San Ramo„ Supervisors and County Administrator 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy Quanta Indemnity Company Formerly National Farmers Union Standard Insurance Company One Financial Plaza, 10°i Floor I Iartl'ord,CT 06103 Attn:Jeri Apodaca THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: LIILICEMA,- AND GLOVER NOES:­ . NONE ABSENT: SUPERVISORS PIEPHO, AND 130NILLA ABSTAIN: NONE RESOLUTION NO. 2008/ ✓3X,7 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance for , the Subdivision Agreement (Right-of-Way Landscaping), Subdivision 04-08775, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) On May 8, 2007, this Board resolved that the landscape improvements in Subdivision 04- 08775 were completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC 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 1,700.00 cash deposit (Auditor's Deposit Permit No. 436206, dated December 16, 2004) plus interest to Windemere BLC Land Company, LLC 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 San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement (Right-of--Way Landscaping) and surety bond, Bond No. 4410191, dated December 3, 2004, issued by Quanta Indemnity Company (formerly National Farmers Union Standard Insurance Company), are exonerated. BB:;c I hereby certify that this is a true and correct copy G:\EngSvc\BO\2008`,07-22\SD 04-08775 BO-60A FORM.docx of an action taken and entered on the minutes of the Originator:Public Works(ES) Contact: T.Rie(313-2363) Board of Supervisors on the date shown. cc: Public Works M.Valdez,M&T Lab Construction . Q D.Spinale,Engineering Services ATTESTED:Current Planning,Department of Conservation and Development C.Low,City of San Ramon JOHN CULLAGferk oft e Board of 2222 Camino Ramon,San Ranson,CA 94583 , Windemere BLC Land Company,LLC Supervisors and County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Quanta Indemnity Company By , Deputy Formerly National Farmers Union Standard Insurance Company One Financial Plaza,10"Floor Hartford,CT 06103 Attn:Jeri Apodaca RESOLUTION NO.2008/1��l