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HomeMy WebLinkAboutMINUTES - 07082008 - C.11 TO: BOARD OF SUPERVISORS Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR `=oCosta ;,..,•,..;.�; 3 DATE: July 8, 2008 �,. Count SUBJECT: Accepting completion of landscape improvements for Drainage Acceptance 03-00033, San Ramon (Dougherty Valley) area. (District I1I) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ accepting completion of landscape improvements for Windemere Mitigation Creek, Subdivision Agreement (Right-of-Way Landscaping) for Drainage Acceptance 03-00033, (cross-reference Subdivision 03-08509), 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 completion of improvements will not be accepted. Continued on Attachment: SIGNATURE:. � IZ'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURES ACTION OF BOARD ON e2 APPROVED A RECOMMENDED OTHER VOT OF SUPERVISORS I hereby certify that this is a true and correct n76 UNANIMOUS(ABSENT p ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the TR:jc ABSENT: ABSTAIN: date shown. G:\EngSvc\BO\2008\07-08\DA 03-00033 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(1:S) Contact: T.Rie(313-2363) Recording to be completed by Clerk of the Board. ATTESTED: cc: Public Works Construction Div. JOHN CULLE CId of the Board of P.Tchaney,M&'I•I ab 1).Spinale,F,ngincering Svc. Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BI-C Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 Attn:Brian Olin 71ie Continental Insurance Company P.O.Box 946640 Maitland,H.32794-69640 Attn:P.Brebner IIII III III IIII II II IIII II III II III III I IIII I II I VIII CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— Contra 1J25 -� C.antra Costa County Wednesday, 0+ v7 2 Board of Supervisors Y, JUL 09, 2008 10:36:56 Return to: FRE Public Works Department Tt l Pd $@,00 Nbr-@00414@651 ' Engineering Services Division j Ire/RS/1-3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2008 by the following vote: AYES: Gioia, lrilkema, Piepho, Bonilla, i and Glover ; NOES: None ABSENT: None j ABSTAIN: None / RESOLUTION NO. 2008/ SUBJECT: ' Accepting completion of landscape improvements for Windemere Mitigation Creek improvements Subdivision Agreement (Right-of-Way Landscaping) Drainage Acceptance 03-00033 (cross-reference Subdivision 03-08509), 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 Windemere Parkway. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements in Drainage Acceptance 03-00033 (cross-reference Subdivision 03-08509) have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:jc G:\EngSvc\BO\2008\07-08\DA 03-00033 BO-45 DV Landscape(SUB-RA-PA)FORM.docx Originator: Public Works(ES) Contact: T.Ric(313-2363) Recording to be completed by Clerk of the Board I hereby certify that this is a true and correct copy of cc: Public Works Construction Div. P.Tchaney,M&T Lab an action'taken and entered on the minutes of the D.Spinale,Engineering Svc. Board of Supervisors on the date shown. Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC ATTESTED: 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 JOHN CULLEN,eetbe Board of Supervisors Attn:Brian Olin and County Administrator The Continental Insurance Company P.O.Box 946640 Maitland,FI-32794-69640 Attn:P.Brcbner By /5� , Deputy RESOLUTION NO.2008/ r' SUBJECT: Accepting completion of landscape improvements for Windemere Mitigation. Creek improvements Subdivision Agreement (Right-of-Way Landscaping) Drainage Acceptance 03-00033 (cross-reference Subdivision 03-08509), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (.Dougherty Valley) area. (District III) DATE: July 8, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 8, 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 November 30, 2004 The Continental Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $178,000.00, Bond No. 929 341 271 issued by the above bank be RETAINED for the six month lien guarantee period until January, 8 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 03-00033 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 (GHAD) 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"$3,560.00 cash security for performance (Auditor's Deposit Permit No. 431272, dated September 15, 2004) 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. 929 341 271, dated September 7, 2004, are exonerated. RESOL UTION No..2008/