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Home My WebLink AboutMINUTES - 07222008 - C.8 SE-_t TO: BOARD OF SUPERVISORS Contra�'�•'"� ''�'°��o``' FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: July 22, 2008 County SUBJECT: Accept completion of landscape improvements for Drainage Acceptance 01-00009 and 01-00010, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ V dW'accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 01-00009 and 01-00010, (cross-reference Subdivision 95-07976), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, 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 Subdivision Agreement (Right-of-Way Landscaping), and the accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The developer will not be refunded their cash deposit, and the billing account will not be closed and liquidated. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE i,;_ 'APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS UECOMMENDED OTHER vo�E OF SUPERVISORS , �- I hereby certify that this is a true and correct ✓ UNANIMOUS(ABSENT�1L /� ) 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:`,En,Svc\130\2008\07-22\DA 01-00009&01-00010 110-45 DV Landscape(SUB-RA-PA).doex Originator: Public 363) (ES) � Contact:T.o b(compl to ATTESTED: a!� Recording to be completed by Clerk of the Board M . Public Works Construction Div. JOHN CULLEK, Qfrk of the Board of P.Tehaney,M&T Lab I.Bergeron,Mapping Div. Supervisors and County Administrator D.Spinate,Engineering Svc. Chris Low,City of San Ranan 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy . San Ragan,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company 9325 Sky Park Cl.,Suite 220 , San Diego,CA 92123 Attn:Rosa E Rivas - - Illllllllllllllllllllllllllllllllllllllllilllllll CONTRA COSTA Co Recorder Office I STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC- 2008-0163840-00 Contra Costa County Board of Supervisors Wednesday, JUL 23, 2008 13:54:55 Return to: FRE $0.00 PublEngin Works Department Divi Tt 1 Pd $0.00 Nbr-0004154440 Engineering Services Division Irc/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, AND GLOVER NOES: NONE ABSENT: SUPERVISORS PIEPHO, AND BONILLA ABSTAIN: NONE - - ---- -- --- RESOLUTION NO. 2008/X509 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of--Way Landscaping) Drainage Acceptance 01-00009 and 01-00010 (cross-reference Subdivision 95-07976), 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 East Branch of Alamo Creek. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements for Drainage Acceptance 01-00009 and 01-00010 (cross-reference Subdivision 95-07976) have been completed as provided in the Subdivision Agreement (Right-of--Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board. BB:jc I hereby certify that this is a true and correct copy of G:\EngSvc\BO\2008\07-22\DA OI-00009 x.01-00010 an action taken and entered on the minutes of the BO-4.5 DV Landscape(SI1B-RA-PA).docx Board of Supervisors on the date shown.. Originator: Public Works(ES) Contact: 'r.Rie(313-2363) Recording to be completed by Clerk of the Board ATTESTED: 022 cc: Public Works Construction Div. P.Tebaney,M&T Lab JOHN CULLE , C1 of the Board of Supervisors I.Bergeron,Mapping Div. and County Administrator D.Spinale,Engineering Svc. Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company 9325 Sky Park Ct.,Suite 220 San Diego,CA 92123 Attn:Rosa E Rivas RESOLUTION NO.2008/ �� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) Drainage Acceptance 01-00009 and 01-00010 (cross-reference Subdivision 95-07976), 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 Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF BANK/SURETY October 8, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $360,050.00, Bond No. ST 2233 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 for Drainage Acceptance 01-00009 'and 01-00010 are ACCEPTED AS COMPLETE. 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 $7,201.00 cash security for performance (Auditor's Deposit Permit No. 391754, dated August 21, 2002) 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 Subdivision Agreement (Right-of- Way Landscaping) and surety bond, Bond No. ST 2233, dated August 14, 2002, are exonerated.