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Home My WebLink AboutMINUTES - 07082008 - C.12 c � TO: BOARD OF SUPERVISORS "c•'""--�y '.�}:=�=o�,, Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR Costa DATE: July 8, 2008 --Ux- County SUBJECT: Accept completion of improvements for Drainage Acceptance 04-00049, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUL'S-I-(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/_accepting completion of improvements for Windemere Mitigation Creek Improvements, Drainage Acceptance 04-00049, (cross-reference Subdivision 04-08923), for project being 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 Drainage Improvement Agreement, 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: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON d APPROVED(4S RECOMMENDED OTHER �26 F SUPERVISORS s/ I hereby certify that this is a true and correct UNANIMOUS(ABSENT N 0 V copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TRJc G:\EngSvc\BO\2008\07-08\DA 04-00049 BO-45 DV(SUB-RA-DA)FORM.docx Originator: Public Works(ES) Contact: T.Ric(313-2363) Recording to be completed by Clerk of The Board ATTESTED: �tbe cc: Public Works -Construction Div. JOHN CUL rk ooard of -P.Tehaney,M&T Lab. -11.Finch,Maintenance Div. Supervisors.and County Administrator -1.Bergeron,Mapping Div. -D.Spinale,Engineering Svc. Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , Deputy Windemere BLC land Company,LI-C 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale;CA 91203 Attn:J.Apodaca IIII III III�111 II II IIII II III I ' .Ca 1 III Ill I Illl I Il I IIIII NTRA COSTA Co Recorder Office STEPHEN L, IJEIR, Clerk-Retarder DDC— 2008-0152524-00 Recorded at the request of: Contra Costa County 'Wednesday, JUL 69, 2008 10:36:59 Board of Supervisors FRE $0.00 Return to: Til Pd $@,@@ Nbr-0004140652 Public Works Department Engineering Services Division 1 r C/R9 1—3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2008 by the following vote: AYES: Gioia, .Uilkenia, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: Nonc RESOLUTION N0. 2008/ SUBJECT: Accepting - completion of improvements for Windemere Mitigation Creek, Drainage Acceptance 04-00049 (cross-reference Subdivision 04-08923), 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 improvements in Drainage Acceptance 04-00049 have been completed as provided in the Drainage Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TRJc G:\HngSvc\BO\2008\07-08\DA 04-00049 BO-45 DV(SUB-RA-DA)FORM.docx Originator: Public Works(ES) Contact: T.Rie(313-2363) Recording to be completed by Clerk of The Board I hereby certify that this is a true and correct copy cc: Public Works Construction Div. of an action taken and entered on the minutes of P.Tehaney,M&T Lab 11.Finch,Maintenance Div. the Board of Supervisors on the date shown. 1.Bergeron,Mapping Div, D.Spinale,Engineering Svc. Chris Low,City of San Ramon ATTESTED: 2222 Camino Ramon,San Ramon,CA 94583 JOHN CULLEN, Cl of the oard of Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 Supervisors and County Administrator San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N..Brand Blvd.,Penthouse Suite Glendale,CA 91203 By , Deputy Attn:J.Apodaca RESOLUTION NO.2008/ SUBJECT: Accepting completion of improvements for Windemere Mitigation Creek, Drainage Acceptance 04-00049 (cross-reference Subdivision 04-0892), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District 111) 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 ternlinal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY November 01, 2005 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $75,500.00, Bond No. 08821655 issued by-the above surety 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 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"$1,500.00 cash security for performance (Auditor's Deposit Permit No. 451038, dated September 12, 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 Drainage Improvement Agreement and surety bond, Bond No. 08821655, dated July 13, 2005, are exonerated. RESOL UTION NO. 2008/1'1' 421